```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 365 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 365

   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

                           February 14, 2013

 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Upper Mississippi Conservation and 
River Protection Act of 2013'' or the ``Upper Mississippi CARP Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Alternative technology barrier.--The term ``alternative 
        technology barrier'' means--
                    (A) an electric barrier;
                    (B) an acoustic barrier;
                    (C) a bubble barrier; and
                    (D) any other barrier the Secretary determines to 
                be appropriate.
            (2) Asian carp.--The term ``Asian carp'' means--
                    (A) grass carp (Ctenopharyngodon idella);
                    (B) silver carp (Hypophthalmichthys molitrix);
                    (C) bighead carp (Hypophthalmichthys nobilis); and
                    (D) black carp (Mylopharyngodon piceus).
            (3) Lock and dam 1.--The term ``Lock and Dam 1'' means the 
        lock and dam located on Mississippi River mile 847.8 in 
        Minneapolis, Minnesota.
            (4) Lock and dam 2.--The term ``Lock and Dam 2'' means the 
        lock and dam located on Mississippi River mile 815.2 upstream 
        of Hastings, Minnesota.
            (5) Lock and dam 4.--The term ``Lock and Dam 4'' means the 
        lock and dam located on Mississippi River mile 752.8 in Alma, 
        Wisconsin.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (7) Upper st. anthony falls lock and dam.--The term ``Upper 
        St. Anthony Falls Lock and Dam'' means the lock and dam located 
        on Mississippi River mile 853.9 in Minneapolis, Minnesota.

SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF UPPER ST. ANTHONY 
              FALLS LOCK.

    (a) Study.--The Secretary shall conduct a study on the feasibility 
of temporarily closing the lock at the Upper St. Anthony Falls Lock and 
Dam to manage the threat of Asian carp traveling up the Mississippi 
River in the State of Minnesota.
    (b) Potential Impacts.--In conducting the study, the Secretary 
shall assess the potential impacts, including environmental and 
economic impacts of--
            (1) temporary closure of the lock; and
            (2) continuing to operate the lock.
    (c) Consultation.--The Secretary shall carry out the study in 
consultation with the Secretary of the Interior and appropriate 
Federal, State, and local entities.
    (d) Public Comment.--In conducting the study, the Secretary shall 
provide an opportunity for, and take into consideration, public 
comments.
    (e) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to Congress a report on the 
results of the study.

SEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP CONTROL MEASURES.

    (a) Study.--The Secretary shall conduct a study on the feasibility 
of implementing control measures at the Upper St. Anthony Falls Lock 
and Dam and at Lock and Dam 1 to manage the threat of Asian carp 
traveling up the Mississippi River in the State of Minnesota.
    (b) Types of Control Measures.--The study shall include an 
examination of--
            (1) permanent closure of the lock;
            (2) modified lock operations;
            (3) the use of an alternative technology barrier; and
            (4) any other control measures the Secretary determines to 
        be appropriate.
    (c) Potential Impacts.--In conducting the study, the Secretary 
shall assess the potential impacts, including environmental and 
economic impacts of--
            (1) implementing each of the control measures described in 
        subsection (b); and
            (2) not implementing any control measures.
    (d) Consultation.--The Secretary shall carry out the study in 
consultation with the Secretary of the Interior and appropriate 
Federal, State, and local entities.
    (e) Public Comment.--In conducting the study, the Secretary shall 
provide an opportunity for, and take into consideration, public 
comments.
    (f) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to Congress a report on the 
results of the study.

SEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF ASIAN CARP.

    (a) Discretionary Closure.--The Secretary may close the lock at the 
Upper St. Anthony Falls Lock and Dam if the Secretary determines in 
writing, based on the assessment of potential impacts under section 
3(b), that closure of the lock is justified as a method to manage the 
threat of Asian carp traveling up the Mississippi River in the State of 
Minnesota.
    (b) Mandatory Closure.--The Secretary shall close the lock at the 
Upper St. Anthony Falls Lock and Dam if the Secretary determines that--
            (1) 1 or more live adult Asian carp has been captured above 
        Lock and Dam 2; or
            (2) 1 or more juvenile Asian carp has been captured above 
        Lock and Dam 4.
    (c) Determinations by Secretary of the Interior.--
            (1) Petitions.--If the Secretary of the Interior determines 
        that an Asian carp has been captured that meets the criteria 
        described in paragraph (1) or (2) of subsection (b), the 
        Secretary of the Interior may submit to the Secretary a 
        petition for closure of the lock at the Upper St. Anthony Falls 
        Lock and Dam.
            (2) Considerations.--After receiving a petition under 
        paragraph (1), the Secretary shall--
                    (A) consider the recommendation contained in the 
                petition and prepare a written response to the 
                recommendation;
                    (B) submit a copy of the petition and written 
                response to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Environment and Public Works of the 
                Senate; and
                    (C) make a copy of the petition and written 
                response available to the public by electronic means, 
                including the Internet.
    (d) Period of Closure.--If the Secretary closes the lock under this 
section, the Secretary may reopen the lock after the Secretary 
determines in writing that adequate measures are in place to manage the 
threat of Asian carp moving upstream of the Upper St. Anthony Falls 
Lock and Dam.
    (e) Emergency Operations.--Nothing in this section prevents the 
Secretary from carrying out emergency lock operations necessary to 
mitigate flood damage.

SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK.

    The Council on Environmental Quality shall incorporate the Upper 
Mississippi River and tributaries, the Minnesota River, and the St. 
Croix River into the Asian Carp Control Strategy Framework of the 
Council.

SEC. 7. SENSE OF CONGRESS.

    It is the sense of Congress that, to the maximum extent 
practicable, Federal agencies researching Asian carp control 
technologies should partner with State and local shareholders, giving 
priority to those collaborative partnerships in which the State and 
local shareholders contribute to the cost of the research.
                                 <all>
```