II 

112TH CONGRESS 

2D SESSION S. 2164 

To authorize the Secretary of the Army to carry out activities to manage 

the threat of Asian carp traveling up the Mississippi River in the State 

of Minnesota, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2012 

Ms. KLOBUCHAR (for herself and Mr. FRANKEN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To authorize the Secretary of the Army to carry out activities 

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’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) ALTERNATIVE TECHNOLOGY BARRIER.— 

2 The term ‘‘alternative technology barrier’’ means— 

3 (A) an electric barrier; 

4 (B) an acoustic barrier; 

5 (C) a bubble barrier; and 

6 (D) any other barrier the Secretary deter7 mines to be 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 temporarily closing the lock at the Upper 

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

10 of Asian carp traveling up the Mississippi River in the 

11 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 comments. 

23 (e) REPORT.—Not later than 180 days 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— 

10 (1) permanent closure of the lock; 

11 (2) modified lock operations; 

12 (3) the use of an alternative technology barrier; 

13 and 

14 (4) any other control measures the Secretary 

15 determines to be appropriate. 

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

17 the Secretary shall assess the potential impacts, including 

18 environmental and economic impacts of— 

19 (1) implementing each of the control measures 

20 described in subsection (b); and 

21 (2) not implementing any control measures. 

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

23 the study in consultation with the Secretary of the Interior 

24 and appropriate Federal, State, and local entities. 


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

2 Secretary shall provide an opportunity for, and take into 

3 consideration, public comments. 

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

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

6 Congress a report on the results of the study. 

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

8 ASIAN CARP. 

9 (a) DISCRETIONARY CLOSURE.—The Secretary may 

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

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

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

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

14 threat of Asian carp traveling up the Mississippi River in 

15 the State of Minnesota. 

16 (b) MANDATORY CLOSURE.—The Secretary shall 

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

18 Dam if the Secretary determines that— 

19 (1) 1 or more live adult Asian carp has been 

20 captured above Lock and Dam 2; or 

21 (2) 1 or more juvenile Asian carp has been cap22 tured above Lock and Dam 4. 

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

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

25 lock after the Secretary determines in writing that adeVerDate Mar 15 2010 03:15 Mar 07, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2164.IS S2164

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1 quate measures are in place to manage the threat of Asian 

2 carp moving upstream of the Upper St. Anthony Falls 

3 Lock and Dam. 

4 (d) EMERGENCY OPERATIONS.—Nothing in this sec5 tion shall prevent the Secretary from carrying out emer6 gency lock operations necessary to mitigate flood damage. 

7 SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK. 

8 The Council on Environmental Quality shall incor9 porate the Upper Mississippi River and tributaries, the 

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

11 Carp Control Strategy Framework of the Council. 

12 SEC. 7. SENSE OF CONGRESS. 

13 It is the sense of Congress that, to the maximum ex14 tent practicable, Federal agencies researching Asian carp 

15 control technologies should partner with State and local 

16 shareholders, giving priority to those collaborative part17 nerships in which the State and local shareholders con18 tribute to the cost of the research. 

Æ 


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