I 

111TH CONGRESS 

2D SESSION H. R. 5625 

To require the Secretary of the Army to study the feasibility of the 

hydrological separation of the Great Lakes and Mississippi River Basins. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 29, 2010 

Mr. CAMP (for himself, Mr. UPTON, Mr. ROGERS of Michigan, Ms. KILPATRICK of Michigan, Mr. EHLERS, Mrs. MILLER of Michigan, Mr. DINGELL, Mr. KILDEE, Mr. LEVIN, Mr. HOEKSTRA, Mr. PETERS, Mr. 

MCCOTTER, Mr. STUPAK, and Mr. SCHAUER) introduced the following 

bill; which was referred to the Committee on Transportation and Infrastructure 

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. 

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 ‘‘Permanent Prevention 

5 of Asian Carp Act of 2010’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) CAWS.—The term ‘‘CAWS’’ means the 

2 Chicago Area Water System. 

3 (2) HYDROLOGICAL SEPARATION.—The term 

4 ‘‘hydrological separation’’ means a physical separa5 tion on the CAWS that— 

6 (A) would disconnect the Mississippi River 

7 from Lake Michigan; and 

8 (B) shall be designed to be adequate in 

9 scope to prevent the transfer of aquatic species 

10 between each water basin. 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Army, acting through the Chief 

13 of Engineers. 

14 (4) STUDY.—The term ‘‘study’’ means the 

15 study described in section 3(a). 

16 SEC. 3. FEASIBILITY STUDY. 

17 (a) IN GENERAL.—Not later than 30 days after the 

18 date of enactment of this Act, the Secretary, pursuant to 

19 section 206 of the Flood Control Act of 1958 (Public Law 

20 85–500; 72 Stat. 317), shall study the watersheds of the 

21 following rivers (including the tributaries of the rivers) 

22 that drain directly into Lake Michigan: 

23 (1) The Illinois River, at and in the vicinity of 

24 Chicago, Illinois. 

25 (2) The Chicago River in the State of Illinois. 


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1 (3) The Calumet River in the States of Illinois 

2 and Indiana. 

3 (b) PURPOSE OF STUDY.—The purpose of the study 

4 shall be to determine the feasibility and best means of im5 plementing the hydrological separation of the Great Lakes 

6 and Mississippi River Basins to prevent the introduction 

7 or establishment of populations of aquatic nuisance spe8 cies between the Great Lakes and Mississippi River Basins 

9 through the CAWS and other aquatic pathways. 

10 (c) REQUIREMENTS OF STUDY.— 

11 (1) OPTIONS.—The study shall include options 

12 to address— 

13 (A) flooding; 

14 (B) Chicago wastewater and stormwater 

15 infrastructure; 

16 (C) waterway safety operations; and 

17 (D) barge and recreational vessel traffic al18 ternatives, which shall include— 

19 (i) examining other modes of trans20 portation for cargo and CAWS users; and 

21 (ii) creating engineering designs to 

22 move canal traffic from 1 body of water to 

23 another body of water without transferring 

24 aquatic species. 


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1 (2) COST-BENEFIT ANALYSIS.—The study shall 

2 contain a detailed analysis of the environmental ben3 efits and costs of each option described in paragraph 

4 (1). 

5 (3) ASSOCIATION WITH OTHER STUDY.—The 

6 study shall be conducted in association with the 

7 study required under section 3061(d) of the Water 

8 Resources Development Act of 2007 (121 Stat. 

9 1121). 

10 (4) CONSULTATION.—The Secretary shall con11 sult with any relevant expert or stakeholder knowl12 edgeable on the issues of hydrological separation and 

13 aquatic nuisance species. 

14 (d) DEADLINE.—The Secretary shall complete the 

15 study by the date that is 18 months after the date of en16 actment of this Act. 

17 SEC. 4. REPORT. 

18 (a) IN GENERAL.—The Secretary shall prepare a re19 port on the waterways described in section 3(a) in accord20 ance with— 

21 (1) the purpose described in section 3(b); and 

22 (2) each requirement described in section 3(c). 

23 (b) DEADLINES.—The Secretary shall submit to Con24 gress and the President— 


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1 (1) not later than 180 days after the date of 

2 enactment of this Act, an initial report under this 

3 section; 

4 (2) not later than 1 year after the date of en5 actment of this Act, a second report under this sec6 tion; and 

7 (3) not later than 18 months after the date of 

8 enactment of this Act, a final report under this sec9 tion. 

10 SEC. 5. FEDERAL COST REQUIREMENT. 

11 The Secretary shall carry out this Act at Federal ex12 pense. 

13 SEC. 6. PRESIDENTIAL OVERSIGHT. 

14 The President, or the Council on Environmental 

15 Quality as a designee of the President, shall oversee the 

16 study to ensure the thoroughness and timely completion 

17 of the study. 

Æ 


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