I 

113TH CONGRESS 

1ST SESSION H. R. 709 

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 

FEBRUARY 14, 2013 

Mr. ELLISON (for himself, Mr. PAULSEN, Mr. WALZ, and Mr. NOLAN) 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 2013’’ 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 1.—The term ‘‘Lock and 

17 Dam 1’’ means the lock and dam located on Mis18 sissippi River mile 847.8 in Minneapolis, Minnesota. 

19 (4) LOCK AND DAM 2.—The term ‘‘Lock and 

20 Dam 2’’ means the lock and dam located on Mis21 sissippi River mile 815.2 upstream of Hastings, 

22 Minnesota. 

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

24 Dam 4’’ means the lock and dam located on Mis25 sissippi River mile 752.8 in Alma, Wisconsin. 


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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Army, acting through the Chief 

3 of Engineers. 

4 (7) UPPER ST. ANTHONY FALLS LOCK AND

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

6 and Dam’’ means the lock and dam located on Mis7 sissippi River mile 853.9 in Minneapolis, Minnesota. 

8 SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF 

9 UPPER ST. ANTHONY FALLS LOCK. 

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

11 the feasibility of temporary closure of the lock at the 

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

13 threat of Asian carp traveling up the Mississippi River in 

14 the State of Minnesota. 

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

16 the Secretary shall assess the potential impacts, including 

17 environmental and economic impacts of— 

18 (1) temporary closure of the lock; and 

19 (2) continuing to operate the lock. 

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

21 the study in consultation with the Secretary of the Interior 

22 and appropriate Federal, State, and local entities. 

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

24 Secretary shall provide an opportunity for, and take into 

25 consideration, public comment. 


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1 (e) REPORT.—Not later than 6 months 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. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP 

5 CONTROL MEASURES. 

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

7 the feasibility of implementing control measures at the 

8 Upper St. Anthony Falls Lock and Dam and at Lock and 

9 Dam 1 to manage the threat of Asian carp traveling up 

10 the Mississippi River in the State of Minnesota. 

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

12 shall include an examination of each of the following: 

13 (1) Permanent closure of the lock. 

14 (2) Modified lock operations. 

15 (3) Use of an alternative technology barrier. 

16 (4) Such other control measures as the Sec17 retary determines appropriate. 

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

19 the Secretary shall assess the potential impacts, including 

20 environmental and economic impacts of— 

21 (1) implementing each of the control measures 

22 to be examined under subsection (b); and 

23 (2) not implementing any control measures. 


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

2 the study in consultation with the Secretary of the Interior 

3 and appropriate Federal, State, and local entities. 

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

5 Secretary shall provide an opportunity for, and take into 

6 consideration, public comment. 

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

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

9 Congress a report on the results of the study. 

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

11 ASIAN CARP. 

12 (a) DISCRETIONARY CLOSURE.—The Secretary may 

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

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

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

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

17 threat of Asian carp traveling up the Mississippi River in 

18 the State of Minnesota. 

19 (b) MANDATORY CLOSURE.—The Secretary shall 

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

21 Dam if the Secretary determines that— 

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

23 captured above Lock and Dam 2; or 

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

25 captured above Lock and Dam 4. 


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1 (c) DETERMINATIONS BY SECRETARY OF THE INTE2 RIOR.— 

3 (1) PETITIONS.—If the Secretary of the Inte4 rior determines that an Asian carp has been cap5 tured that meets the criteria described in subsection 

6 (b)(1) or (b)(2), the Secretary of the Interior may 

7 transmit to the Secretary a petition for closure of 

8 the lock at the Upper St. Anthony Falls Lock and 

9 Dam. 

10 (2) CONSIDERATION.—After receiving a petition 

11 under paragraph (1), the Secretary shall— 

12 (A) consider the recommendation con13 tained in the petition and prepare a written re14 sponse to the recommendation; and 

15 (B) transmit the petition and written re16 sponse to the Committee on Transportation and 

17 Infrastructure of the House of Representatives 

18 and the Committee on Environment and Public 

19 Works of the Senate and make the petition and 

20 written response available to the public by elec21 tronic means, including the Internet. 

22 (d) PERIOD OF CLOSURE.—If the Secretary closes 

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

24 lock after the Secretary determines in writing that ade25 quate measures are in place to manage the threat of Asian 


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1 carp moving upstream of the Upper St. Anthony Falls 

2 Lock and Dam. 

3 (e) EMERGENCY OPERATIONS.—Nothing in this sec4 tion shall prevent the Secretary from carrying out emer5 gency lock operations necessary to mitigate flood damage. 

6 SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK. 

7 The Council on Environmental Quality shall incor8 porate the Upper Mississippi River and tributaries, the 

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

10 Carp Control Strategy Framework of the Council. 

11 SEC. 7. SENSE OF CONGRESS. 

12 It is the sense of Congress that, to the maximum ex13 tent practicable, Federal agencies researching Asian carp 

14 control technologies should partner with State and local 

15 shareholders, giving priority to those collaborative part16 nerships in which the State and local shareholders con17 tribute to the cost of the research. 

Æ 


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