[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 589 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 589

   To provide an immediate measure to control the spread of aquatic 
 nuisance species from the Mississippi River basin to the Great Lakes 
   basin and to inform long-term measures to prevent the Interbasin 
                 transfer of aquatic nuisance species.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2015

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

_______________________________________________________________________

                                 A BILL


 
   To provide an immediate measure to control the spread of aquatic 
 nuisance species from the Mississippi River basin to the Great Lakes 
   basin and to inform long-term measures to prevent the Interbasin 
                 transfer of aquatic nuisance species.

    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 ``Defending Our Great Lakes Act of 
2015''.

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

    (a) Immediate Actions.--
            (1) 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 any other applicable Federal agency shall take 
        immediate actions to prevent the upstream transfer of aquatic 
        nuisance species from the Mississippi River basin to the Great 
        Lakes basin through the Brandon Road Lock and Dam site.
            (2) Focus.--Actions under paragraph (1) shall place a 
        special focus on Asian carp species and other aquatic nuisance 
        species of concern to the Great Lakes as referenced in the 
        Great Lakes Mississippi River Interbasin Study of the Army 
        Corps of Engineers issued pursuant to section 1538 of Public 
        Law 112-141 (126 Stat. 586).
    (b) Construction.--
            (1) Required measures.--The Chief of Engineers shall 
        implement measures to improve the Brandon Road Lock and Dam 
        site to prevent the upstream transfer of Asian carp and other 
        swimming aquatic nuisance species through the lock and dam, 
        including--
                    (A) constructing an engineered channel in the 
                approach to the site from the Mississippi River 
                direction, as outlined in the report issued pursuant to 
                section 1538 of Public Law 112-141 (126 Stat. 586); and
                    (B) adding technologies and measures necessary for 
                aquatic nuisance species control, while protecting the 
                area's ecosystem to the greatest extent feasible.
            (2) Cost estimate and schedule.--Not later than 180 days 
        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 site on the 
Illinois River to prevent the upstream transfer of swimming and 
floating aquatic nuisance species, with a focus on Asian carp species, 
including--
            (1) implementing existing Asian carp monitoring and control 
        strategies at the Brandon Road site, as applicable, including 
        real-time monitoring for aquatic nuisance species passing 
        through by using relevant technology;
            (2) using the Brandon Road Lock and Dam site to the maximum 
        extent practicable to test new aquatic nuisance species control 
        technologies and measures;
            (3) implementing control strategies identified through that 
        testing necessary to fulfill the objectives of this section, 
        considering those strategies that minimize the negative impact 
        on the river ecosystem and desirable aquatic native species, 
        while maintaining efficient navigation; and
            (4) developing best management practices to mitigate 
        aquatic nuisance species transfer by boat and barge operators 
        on the Illinois River and Chicago Sanitary and Shipping Canal 
        and working with operators to implement the practices.
    (d) Administration.--
            (1) Acquisition of real estate.--The Chief of Engineers may 
        only acquire real estate that is necessary to carry out this 
        section and shall do so pursuant to the laws (including 
        regulations) in existence at the time of the acquisition.
            (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 Chicago Area Waterway System Advisory 
                Committee; and
                    (C) any other applicable State, regional, local, 
                and international government entity.
            (3) Consultation.--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 consult with appropriate entities in 
        the business, commerce, and environmental communities.

SEC. 3. ACTIONS RELATED TO THE LONG-TERM PREVENTION OF AQUATIC NUISANCE 
              SPECIES TRANSFER BETWEEN THE GREAT LAKES BASIN AND 
              MISSISSIPPI RIVER BASIN.

    (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 any other applicable Federal 
entity shall take actions for the long-term prevention of aquatic 
nuisance species between the Mississippi River basin and the Great 
Lakes basin, including transfer through the Chicago Area Waterway 
System.
    (b) Construction.--The Chief of Engineers shall coordinate with the 
Governor of Illinois, the City of Chicago, the Metropolitan Water 
Reclamation District of Greater Chicago, and other relevant entities to 
design, engineer, and construct flood mitigation and water quality 
measures on the Chicago Area Waterway System related to the prevention 
of the transfer of aquatic nuisance species between the Mississippi 
River basin and the Great Lakes basin, including transfer through the 
Chicago Area Waterway System.
    (c) Requirements.--In carrying out subsection (b), the Chief of 
Engineers shall--
            (1) coordinate with the City of Chicago and the 
        Metropolitan Water Reclamation District of Greater Chicago to 
        combine infrastructure to the maximum extent practicable with 
        the Tunnel and Reservoir Plan of the Metropolitan Water 
        Reclamation District of Greater Chicago, and other relevant 
        storm and sewer water infrastructure projects;
            (2) ensure flood mitigation in the vicinity of the Chicago 
        Area Waterway System is improved and strengthen protections 
        against flooding for residential and commercial neighborhoods;
            (3) ensure water quality is protected in the Great Lakes, 
        the Chicago Waterway System, and the Mississippi River basin 
        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, and 
        maintain efficient navigation; and
            (5) prioritize efforts to prevent the upstream and 
        downstream transfer of aquatic nuisance species.
    (d) Administration.--
            (1) 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 Chicago Area Waterway System Advisory 
                Committee; and
                    (C) any other applicable State, regional, local, 
                and international government entity.
            (2) Consultation.--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 consult with appropriate entities in 
        the business, commerce, and environmental communities.
            (3) Delegation.--In carrying out this section, the Chief of 
        Engineers may delegate parts of the project to non-Federal 
        entities subject to the availability of funding.
            (4) Identification of partners.--In carrying out this 
        section, the Chief of Engineers shall work to identify non-
        Federal cost-share partners when applicable.
            (5) Acquisition of real estate.--The Chief of Engineers may 
        only acquire real estate that is necessary to carry out this 
        section and shall do so pursuant to the laws (including 
        regulations) in existence at the time of the acquisition.
    (e) Report.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, and each year thereafter, the Chief of 
        Engineers shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a report 
        describing the progress made, and a plan for further actions to 
        be taken, under this section.
            (2) Public availability.--Reports under paragraph (1) shall 
        be made available to the public through electronic means, 
        including the Internet.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that there is an ongoing need to 
further examine and protect the tributaries and waterways located in 
other affected areas and States in the Great Lakes region, including at 
a minimum, the St. Croix River, the Minnesota River, the Wisconsin 
River, and the Ohio River, against the transfer of aquatic nuisance 
species.
                                 <all>