[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 709 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 709

 To authorize the Secretary of the Army to take actions to manage the 
threat of Asian carp traveling up the Mississippi River in the State of 
                   Minnesota, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2013

    Mr. Ellison (for himself, Mr. Paulsen, Mr. Walz, and Mr. Nolan) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
 Natural Resources, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of the Army to take actions to manage the 
threat of Asian carp traveling up the Mississippi River in the State of 
                   Minnesota, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Upper Mississippi Conservation and 
River Protection Act of 2013'' or the ``Upper Mississippi CARP Act''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Alternative technology barrier.--The term ``alternative 
        technology barrier'' includes an electric barrier, acoustic 
        barrier, bubble barrier, and such other barriers as the 
        Secretary determines appropriate.
            (2) Asian carp.--The term ``Asian carp'' means--
                    (A) grass carp (Ctenopharyngodon idella);
                    (B) silver carp (Hypophthalmichthys molitrix);
                    (C) bighead carp (Hypophthalmichthys nobilis); and
                    (D) black carp (Mylopharyngodon piceus).
            (3) Lock and dam 1.--The term ``Lock and Dam 1'' means the 
        lock and dam located on Mississippi River mile 847.8 in 
        Minneapolis, Minnesota.
            (4) Lock and dam 2.--The term ``Lock and Dam 2'' means the 
        lock and dam located on Mississippi River mile 815.2 upstream 
        of Hastings, Minnesota.
            (5) Lock and dam 4.--The term ``Lock and Dam 4'' means the 
        lock and dam located on Mississippi River mile 752.8 in Alma, 
        Wisconsin.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (7) Upper st. anthony falls lock and dam.--The term ``Upper 
        St. Anthony Falls Lock and Dam'' means the lock and dam located 
        on Mississippi River mile 853.9 in Minneapolis, Minnesota.

SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF UPPER ST. ANTHONY 
              FALLS LOCK.

    (a) Study.--The Secretary shall conduct a study on the feasibility 
of temporary closure of the lock at the Upper St. Anthony Falls Lock 
and Dam to manage the threat of Asian carp traveling up the Mississippi 
River in the State of Minnesota.
    (b) Potential Impacts.--In conducting the study, the Secretary 
shall assess the potential impacts, including environmental and 
economic impacts of--
            (1) temporary closure of the lock; and
            (2) continuing to operate the lock.
    (c) Consultation.--The Secretary shall carry out the study in 
consultation with the Secretary of the Interior and appropriate 
Federal, State, and local entities.
    (d) Public Comment.--In conducting the study, the Secretary shall 
provide an opportunity for, and take into consideration, public 
comment.
    (e) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary shall submit to Congress a report on the 
results of the study.

SEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP CONTROL MEASURES.

    (a) Study.--The Secretary shall conduct a study on the feasibility 
of implementing control measures at the Upper St. Anthony Falls Lock 
and Dam and at Lock and Dam 1 to manage the threat of Asian carp 
traveling up the Mississippi River in the State of Minnesota.
    (b) Types of Control Measures.--The study shall include an 
examination of each of the following:
            (1) Permanent closure of the lock.
            (2) Modified lock operations.
            (3) Use of an alternative technology barrier.
            (4) Such other control measures as the Secretary determines 
        appropriate.
    (c) Potential Impacts.--In conducting the study, the Secretary 
shall assess the potential impacts, including environmental and 
economic impacts of--
            (1) implementing each of the control measures to be 
        examined under subsection (b); and
            (2) not implementing any control measures.
    (d) Consultation.--The Secretary shall carry out the study in 
consultation with the Secretary of the Interior and appropriate 
Federal, State, and local entities.
    (e) Public Comment.--In conducting the study, the Secretary shall 
provide an opportunity for, and take into consideration, public 
comment.
    (f) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to Congress a report on the 
results of the study.

SEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF ASIAN CARP.

    (a) Discretionary Closure.--The Secretary may close the lock at the 
Upper St. Anthony Falls Lock and Dam if the Secretary determines in 
writing, based on the assessment of potential impacts under section 
3(b), that closure of the lock is justified as a method to manage the 
threat of Asian carp traveling up the Mississippi River in the State of 
Minnesota.
    (b) Mandatory Closure.--The Secretary shall close the lock at the 
Upper St. Anthony Falls Lock and Dam if the Secretary determines that--
            (1) one or more live adult Asian carp has been captured 
        above Lock and Dam 2; or
            (2) one or more juvenile Asian carp has been captured above 
        Lock and Dam 4.
    (c) Determinations by Secretary of the Interior.--
            (1) Petitions.--If the Secretary of the Interior determines 
        that an Asian carp has been captured that meets the criteria 
        described in subsection (b)(1) or (b)(2), the Secretary of the 
        Interior may transmit to the Secretary a petition for closure 
        of the lock at the Upper St. Anthony Falls Lock and Dam.
            (2) Consideration.--After receiving a petition under 
        paragraph (1), the Secretary shall--
                    (A) consider the recommendation contained in the 
                petition and prepare a written response to the 
                recommendation; and
                    (B) transmit the petition and written response to 
                the Committee on Transportation and Infrastructure of 
                the House of Representatives and the Committee on 
                Environment and Public Works of the Senate and make the 
                petition and written response available to the public 
                by electronic means, including the Internet.
    (d) Period of Closure.--If the Secretary closes the lock under this 
section, the Secretary may reopen the lock after the Secretary 
determines in writing that adequate measures are in place to manage the 
threat of Asian carp moving upstream of the Upper St. Anthony Falls 
Lock and Dam.
    (e) Emergency Operations.--Nothing in this section shall prevent 
the Secretary from carrying out emergency lock operations necessary to 
mitigate flood damage.

SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK.

    The Council on Environmental Quality shall incorporate the Upper 
Mississippi River and tributaries, the Minnesota River, and the St. 
Croix River into the Asian Carp Control Strategy Framework of the 
Council.

SEC. 7. SENSE OF CONGRESS.

    It is the sense of Congress that, to the maximum extent 
practicable, Federal agencies researching Asian carp control 
technologies should partner with State and local shareholders, giving 
priority to those collaborative partnerships in which the State and 
local shareholders contribute to the cost of the research.
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