A bill to require the Secretary of the Army to study the feasibility of the hydrological separation of the Great Lakes and Mississippi River Basins.

Summary: Permanent Prevention of Asian Carp Act of 2010 - Directs the Secretary of the Army, acting through the Chief of Engineers, to study the watersheds of the Illinois, Chicago, and Calumet Rivers, including their tributaries, that drain directly into Lake Michigan to determine the feasibility and best means of implementing the hydrologic separation of the Great Lakes and the Mississippi River Basins to prevent the introduction or establishment of populations of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the Chicago Area Water System (CAWS) and other aquatic pathways.

Requires the study to: (1) include options to address flooding, Chicago wastewater and stormwater infrastructure, waterway safety operations, and barge and recreational vessel traffic alternatives; and (2) contain a detailed analysis of the environmental benefits and costs of each option.

Directs: (1) the Secretary to carry out this Act at full federal cost; and (2) the President, or the Council on Environmental Quality as a designee to the President, to oversee the study to ensure its thoroughness and timely completion.

Requires the Director of the United States Geological Survey (USGS), in cooperation with the Director of the United States Fish and Wildlife Service, to: (1) monitor and survey all waters that connect to the Great Lakes Basin or could connect to it due to flooding, underground hydrological connection, or human-made diversion to identify additional threats that could allow Asian Carp to enter the Basin; and (2) prioritize each threat and help identify means to impede the passage of Asian Carp to the Basin.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Permanent Prevention of Asian Carp 
Act of 2010''.

SEC. 2. DEFINITIONS.

    (a) In this Act:
            (1) CAWS.--The term ``CAWS'' means the Chicago Area Water 
        System.
            (2) Director.--The term ``Director'' means the Director of 
        the United States Geological Survey.
            (3) Hydrological separation.--The term ``hydrological 
        separation'' means a physical separation on the CAWS that--
                    (A) would disconnect the Mississippi River from 
                Lake Michigan; and
                    (B) shall be designed to be adequate in scope to 
                prevent the transfer of aquatic species between each 
                water basin.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (5) Study.--The term ``study'' means the feasibility study 
        described in section 11(a).

                       TITLE I--FEASIBILITY STUDY

SEC. 11. FEASIBILITY STUDY.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary, pursuant to section 206 of the Food Control 
Act of 1958 (Public Law 85-500; 72 Stat. 317), shall study the 
watersheds of the following rivers (including the tributaries of the 
rivers) that drain directly into Lake Michigan:
            (1) The Illinois River, at and in the vicinity of Chicago, 
        Illinois.
            (2) The Chicago River in the State of Illinois.
            (3) The Calumet River in the States of Illinois and 
        Indiana.
    (b) Purpose of Study.--The purpose of the study is to determine the 
feasibility and best means of implementing the hydrological separation 
of the Great Lakes and Mississippi River Basins to prevent the 
introduction or establishment of populations of aquatic nuisance 
species between the Great Lakes and Mississippi River Basins through 
the CAWS and other aquatic pathways.
    (c) Requirements of Study.--
            (1) Options.--The study shall include options to address--
                    (A) flooding;
                    (B) Chicago wastewater and stormwater 
                infrastructure;
                    (C) waterway safety operations; and
                    (D) barge and recreational vessel traffic 
                alternatives, which shall include--
                            (i) examining other modes of transportation 
                        for cargo and CAWS users; and
                            (ii) creating engineering designs to move 
                        canal traffic from 1 body of water to another 
                        body of water without transferring aquatic 
                        species.
            (2) Cost-benefit analysis.--The study shall contain a 
        detailed analysis of the environmental benefits and costs of 
        each option described in paragraph (1).
            (3) Association with other study.--The study shall be 
        conducted in association with the study required under section 
        3061(d) of the Water Resources Development Act of 2007 (121 
        Stat. 1121).
            (4) Consultation.--The Secretary shall consult with any 
        relevant expert or stakeholder knowledgeable on the issues of 
        hydrological separation and aquatic nuisance species.
    (d) Deadline.--The Secretary shall complete the study by the date 
that is 18 months after the date of enactment of this Act.

SEC. 12. REPORT.

    (a) In General.--The Secretary shall prepare a report on the 
waterways described in section 3(a) in accordance with--
            (1) the purpose described in section 3(b); and
            (2) each requirement described in section 3(c).
    (b) Deadlines.--The Secretary shall submit to Congress and the 
President--
            (1) not later than 180 days after the date of enactment of 
        this Act, an initial report under this section;
            (2) not later than 1 year after the date of enactment of 
        this Act, a second report under this section; and
            (3) not later than 18 months after the date of enactment of 
        this Act, a final report under this section.

SEC. 13. FEDERAL COST REQUIREMENT.

    The Secretary shall carry out this Act at full Federal cost.

SEC. 14. PRESIDENTIAL OVERSIGHT.

    The President, or the Council on Environmental Quality as a 
designee to the President, shall oversee the study to ensure the 
thoroughness and timely completion of the study.

                TITLE II--RESPONSE TO ADDITIONAL THREATS

SEC. 21. RESPONSE.

    (a) Monitoring Connecting Waters.--To identify additional threats 
that could allow Asian Carp to enter the Great Lakes Basin, the 
Director, in cooperation with the Director of the United States Fish 
and Wildlife Service, shall monitor and survey all waters that connect 
to the Great Lakes Basin or could connect to the Great Lakes Basin due 
to--
            (1) flooding;
            (2) underground hydrological connection; or
            (3) human-made diversion.
    (b) Response to Additional Threats.--As soon as practicable after 
the date of identification of a threat under subsection (a), the 
Director, in cooperation with the Director of the United States Fish 
and Wildlife Service, shall--
            (1) prioritize each threat; and
            (2) help identify means to impede the passage of Asian Carp 
        to the Great Lakes Basin.
    (c) Consultation With Other Actors.--In carrying out subsections 
(a) and (b), the Director, in cooperation with the Director of the 
United States Fish and Wildlife Service, shall consult with each 
relevant--
            (1) Federal agency;
            (2) State; and
            (3) stakeholder.