I 

112TH CONGRESS 

2D SESSION H. R. 4146 

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 

MARCH 6, 2012 

Mr. ELLISON (for himself, Mr. PAULSEN, and Mr. WALZ of Minnesota) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Upper Mississippi Con5 servation and River Protection Act of 2012’’ or the 

6 ‘‘Upper Mississippi CARP Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) ALTERNATIVE TECHNOLOGY BARRIER.— 

4 The term ‘‘alternative technology barrier’’ includes 

5 an electric barrier, acoustic barrier, bubble barrier, 

6 and such other barriers as the Secretary determines 

7 appropriate. 

8 (2) ASIAN CARP.—The term ‘‘Asian carp’’ 

9 means— 

10 (A) grass carp (Ctenopharyngodon idella); 

11 (B) silver carp (Hypophthalmichthys 

12 molitrix); 

13 (C) bighead carp (Hypophthalmichthys 

14 nobilis); and 

15 (D) black carp (Mylopharyngodon piceus). 

16 (3) LOCK AND DAM 2.—The term ‘‘Lock and 

17 Dam 2’’ means the lock and dam located on Mis18 sissippi River mile 815.2 upstream of Hastings, 

19 Minnesota. 

20 (4) LOCK AND DAM 4.—The term ‘‘Lock and 

21 Dam 4’’ means the lock and dam located on Mis22 sissippi River mile 752.8 in Alma, Wisconsin. 

23 (5) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Army, acting through the Chief 

25 of Engineers. 


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1 (6) UPPER ST. ANTHONY FALLS LOCK AND

2 DAM.—The term ‘‘Upper St. Anthony Falls Lock 

3 and Dam’’ means the lock and dam located on Mis4 sissippi River mile 853.9 in Minneapolis, Minnesota. 

5 SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF 

6 UPPER ST. ANTHONY FALLS LOCK. 

7 (a) STUDY.—The Secretary shall conduct a study on 

8 the feasibility of temporary closure of the lock at the 

9 Upper St. Anthony Falls Lock and Dam to manage the 

10 threat of Asian carp traveling up the Mississippi River in 

11 the State of Minnesota. 

12 (b) POTENTIAL IMPACTS.—In conducting the study, 

13 the Secretary shall assess the potential impacts, including 

14 environmental and economic impacts of— 

15 (1) temporary closure of the lock; and 

16 (2) continuing to operate the lock. 

17 (c) CONSULTATION.—The Secretary shall carry out 

18 the study in consultation with the Secretary of the Interior 

19 and appropriate Federal, State, and local entities. 

20 (d) PUBLIC COMMENT.—In conducting the study, the 

21 Secretary shall provide an opportunity for, and take into 

22 consideration, public comment. 

23 (e) REPORT.—Not later than 6 months after the date 

24 of enactment of this Act, the Secretary shall submit to 

25 Congress a report on the results of the study. 


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1 SEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP 

2 CONTROL MEASURES. 

3 (a) STUDY.—The Secretary shall conduct a study on 

4 the feasibility of implementing control measures at the 

5 Upper St. Anthony Falls Lock and Dam to manage the 

6 threat of Asian carp traveling up the Mississippi River in 

7 the State of Minnesota. 

8 (b) TYPES OF CONTROL MEASURES.—The study 

9 shall include an examination of each of the following: 

10 (1) Permanent closure of the lock. 

11 (2) Modified lock operations. 

12 (3) Use of an alternative technology barrier. 

13 (4) Such other control measures as the Sec14 retary determines appropriate. 

15 (c) POTENTIAL IMPACTS.—In conducting the study, 

16 the Secretary shall assess the potential impacts, including 

17 environmental and economic impacts of— 

18 (1) implementing each of the control measures 

19 to be examined under subsection (b); and 

20 (2) not implementing any control measures. 

21 (d) CONSULTATION.—The Secretary shall carry out 

22 the study in consultation with the Secretary of the Interior 

23 and appropriate Federal, State, and local entities. 

24 (e) PUBLIC COMMENT.—In conducting the study, the 

25 Secretary shall provide an opportunity for, and take into 

26 consideration, public comment. 


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1 (f) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, the Secretary shall submit to 

3 Congress a report on the results of the study. 

4 SEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF 

5 ASIAN CARP. 

6 (a) DISCRETIONARY CLOSURE.—The Secretary may 

7 close the lock at the Upper St. Anthony Falls Lock and 

8 Dam if the Secretary determines in writing, based on the 

9 assessment of potential impacts under section 3(b), that 

10 closure of the lock is justified as a method to manage the 

11 threat of Asian carp traveling up the Mississippi River in 

12 the State of Minnesota. 

13 (b) MANDATORY CLOSURE.—The Secretary shall 

14 close the lock at the Upper St. Anthony Falls Lock and 

15 Dam if the Secretary determines that— 

16 (1) one or more live adult Asian carp has been 

17 captured above Lock and Dam 2; or 

18 (2) one or more juvenile Asian carp has been 

19 captured above Lock and Dam 4. 

20 (c) PERIOD OF CLOSURE.—If the Secretary closes 

21 the lock under this section, the Secretary may reopen the 

22 lock after the Secretary determines in writing that ade23 quate measures are in place to manage the threat of Asian 

24 carp moving upstream of the Upper St. Anthony Falls 

25 Lock and Dam. 


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1 (d) EMERGENCY OPERATIONS.—Nothing in this sec2 tion shall prevent the Secretary from carrying out emer3 gency lock operations necessary to mitigate flood damage. 

4 SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK. 

5 The Council on Environmental Quality shall incor6 porate the Upper Mississippi River and tributaries, the 

7 Minnesota River, and the St. Croix River into the Asian 

8 Carp Control Strategy Framework of the Council. 

9 SEC. 7. SENSE OF CONGRESS. 

10 It is the sense of Congress that, to the maximum ex11 tent practicable, Federal agencies researching Asian carp 

12 control technologies should partner with State and local 

13 shareholders, giving priority to those collaborative part14 nerships in which the State and local shareholders con15 tribute to the cost of the research. 

Æ 


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