[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 3002 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 3002

  To control the spread of aquatic invasive species between the Great 
  Lakes basin and the Mississippi River basin, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 11, 2014

   Ms. Stabenow (for herself, Mr. Levin, Mr. Brown, and Ms. Baldwin) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To control the spread of aquatic invasive species between the Great 
  Lakes basin and the Mississippi River basin, 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 ``Guarding Our Great Lakes Act''.

SEC. 2. AQUATIC INVASIVE SPECIES CONTROL ZONE AT BRANDON ROAD LOCK AND 
              DAM, JOLIET ILLINOIS.

    (a) In General.--The Secretary of the Army, acting through the 
Chief of Engineers, the Secretary of the Interior, acting through the 
Director of the United States Fish and Wildlife Service and the 
Director of the United States Geological Survey, the Administrator of 
the Environmental Protection Agency, and each other applicable Federal 
agency shall take actions to prevent the transfer of aquatic invasive 
species, with a focus on Asian carp species, through the Brandon Road 
Lock and Dam.
    (b) Construction.--
            (1) Required measures.--The Chief of Engineers shall 
        construct measures to improve the Brandon Road Lock and Dam to 
        prevent the upstream transfer of swimming aquatic invasive 
        species through the lock and dam, including--
                    (A) an engineered channel in the approach from the 
                Mississippi River direction, as outlined in the report 
                issued pursuant to section 1538 of Public Law 112-141;
                    (B) adding additional structures necessary for 
                aquatic invasive species control; and
                    (C) the construction and operation of electric 
                dispersal barriers.
            (2) Cost estimate and schedule.--Not later than 6 months 
        after the date of enactment of this Act, the Chief of Engineers 
        shall submit to Congress a cost estimate for, and schedule for 
        completion of, measures to be constructed under this 
        subsection.
    (c) Other Measures.--The Director of the United States Fish and 
Wildlife Service, in consultation with the Director of the United 
States Geological Survey, the Chief of Engineers, the Commandant of the 
United States Coast Guard, the Administrator of the Environmental 
Protection Agency, and the heads of other relevant agencies, shall 
implement all appropriate measures in compliance with applicable State 
and Federal law around the Brandon Road Lock and Dam on the Illinois 
River to prevent the upstream and downstream transfer of swimming and 
floating aquatic invasive species, with a focus on Asian carp species, 
including--
            (1) implementing existing Asian carp monitoring and control 
        strategies at the Brandon Road location, as applicable;
            (2) using the Brandon Road location to the greatest extent 
        possible to test new aquatic invasive species control 
        technologies;
            (3) implementing all control strategies identified through 
        this testing necessary to fulfill the objectives of this 
        section; and
            (4) developing best management practices to mitigate 
        aquatic invasive species transfer by boat and barge operators 
        on the Illinois River and Chicago Sanitary and Shipping Canal 
        and working with operators to implement them.
    (d) Administration.--
            (1) Acquisition of real estate.--The Chief of Engineers, 
        the Director of the United States Fish and Wildlife Service, 
        and the Director of the United States Geological Survey may 
        acquire any real estate necessary to carry out this section.
            (2) Cooperation.--In carrying out this section, the Chief 
        of Engineers, the Director of the United States Fish and 
        Wildlife Service, and the Director of the United States 
        Geological Survey shall coordinate with each other and--
                    (A) the Governors of Illinois, Indiana, Michigan, 
                Minnesota, New York, Ohio, Pennsylvania, and Wisconsin;
                    (B) the Metropolitan Water Reclamation District of 
                Greater Chicago;
                    (C) the Asian Carp Regional Coordinating Committee;
                    (D) the Great Lakes Commission;
                    (E) the Great Lakes Fishery Commission;
                    (F) the Great Lakes and St. Lawrence Cities 
                Initiative; and
                    (G) any other applicable State, local, or 
                international government entity.

SEC. 3. ACTIONS RELATED TO PERMANENT PREVENTION OF AQUATIC INVASIVE 
              SPECIES TRANSFER BETWEEN THE GREAT LAKES AND MISSISSIPPI 
              RIVER BASINS.

    (a) Construction.--The Administrator of the Environmental 
Protection Agency, acting through the Great Lakes Interagency Task 
Force, shall coordinate with the Governor of Illinois, the City of 
Chicago, and the Metropolitan Water Reclamation District of Greater 
Chicago to carry out engineering and construction of flood mitigation 
and water quality measures on the Chicago Area Waterway System related 
to permanent prevention of the transfer of aquatic nuisance species 
between the Great Lakes and Mississippi River basins.
    (b) Requirements.--In carrying out subsection (a), the 
Administrator shall--
            (1) coordinate with Chicago and the Metropolitan Water 
        Reclamation District of Greater Chicago to combine 
        infrastructure to the greatest extent practicable with the 
        Tunnel and Reservoir Plan of the Metropolitan Water Reclamation 
        District of Greater Chicago;
            (2) ensure flood mitigation in the vicinity of the Chicago 
        Area Waterway System is not degraded;
            (3) ensure water quality is protected in the Great Lakes 
        and Chicago Waterway System, consistent with the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.);
            (4) provide for continued commercial and recreational 
        watercraft traffic on the Chicago Area Waterway System to the 
        greatest practical extent, which may include new infrastructure 
        to minimize the impact of physical barriers necessary for 
        aquatic invasive species control; and
            (5) prioritize efforts to prevent the transfer of the 
        highest risk aquatic invasive species, including Asian carp.
    (c) Administration.--
            (1) Consultation.--In carrying out this section, the 
        Administrator shall consult with the Asian Carp Regional 
        Coordinating Committee.
            (2) Assistance from corps.--The Chief of Engineers shall 
        provide to the Administrator all documentation relating to the 
        report issued pursuant to section 1538 of Public Law 112-141 
        and technical and other assistance, as requested by the 
        Administrator.
            (3) Delegation.--In carrying out this section, the 
        Administrator may delegate parts of the project to any of the 
        non-Federal entities referred to in this Act.
            (4) Identification of partners.--In carrying out this 
        section, the Administrator shall work to identify non-Federal 
        cost-share partners when applicable.
            (5) Federal share.--The Federal share of the cost of a 
        project carried out under this section may be up to 100 
        percent.
    (d) Report.--Not later than 18 months after the date of enactment 
of this Act, the Administrator shall submit to Congress a report 
describing the progress made, and a plan for further actions to be 
taken, under this section.
                                 <all>