II 

113TH CONGRESS 

2D SESSION S. 3002 

To control the spread of aquatic invasive species between the Great Lakes 

basin and the Mississippi River basin, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 11, 2014 

Ms. STABENOW (for herself, Mr. LEVIN, Mr. BROWN, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To control the spread of aquatic invasive species between 

the Great Lakes basin and the Mississippi River basin, 

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 ‘‘Guarding Our Great 

5 Lakes Act’’. 


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1 SEC. 2. AQUATIC INVASIVE SPECIES CONTROL ZONE AT 

2 BRANDON ROAD LOCK AND DAM, JOLIET IL3 LINOIS. 

4 (a) IN GENERAL.—The Secretary of the Army, acting 

5 through the Chief of Engineers, the Secretary of the Inte6 rior, acting through the Director of the United States Fish 

7 and Wildlife Service and the Director of the United States 

8 Geological Survey, the Administrator of the Environ9 mental Protection Agency, and each other applicable Fed10 eral agency shall take actions to prevent the transfer of 

11 aquatic invasive species, with a focus on Asian carp spe12 cies, through the Brandon Road Lock and Dam. 

13 (b) CONSTRUCTION.— 

14 (1) REQUIRED MEASURES.—The Chief of Engi15 neers shall construct measures to improve the Bran16 don Road Lock and Dam to prevent the upstream 

17 transfer of swimming aquatic invasive species 

18 through the lock and dam, including— 

19 (A) an engineered channel in the approach 

20 from the Mississippi River direction, as outlined 

21 in the report issued pursuant to section 1538 of 

22 Public Law 112–141; 

23 (B) adding additional structures necessary 

24 for aquatic invasive species control; and 

25 (C) the construction and operation of elec26 tric dispersal barriers. 


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1 (2) COST ESTIMATE AND SCHEDULE.—Not 

2 later than 6 months after the date of enactment of 

3 this Act, the Chief of Engineers shall submit to Con4 gress a cost estimate for, and schedule for comple5 tion of, measures to be constructed under this sub6 section. 

7 (c) OTHER MEASURES.—The Director of the United 

8 States Fish and Wildlife Service, in consultation with the 

9 Director of the United States Geological Survey, the Chief 

10 of Engineers, the Commandant of the United States Coast 

11 Guard, the Administrator of the Environmental Protection 

12 Agency, and the heads of other relevant agencies, shall 

13 implement all appropriate measures in compliance with 

14 applicable State and Federal law around the Brandon 

15 Road Lock and Dam on the Illinois River to prevent the 

16 upstream and downstream transfer of swimming and 

17 floating aquatic invasive species, with a focus on Asian 

18 carp species, including— 

19 (1) implementing existing Asian carp moni20 toring and control strategies at the Brandon Road 

21 location, as applicable; 

22 (2) using the Brandon Road location to the 

23 greatest extent possible to test new aquatic invasive 

24 species control technologies; 


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1 (3) implementing all control strategies identi2 fied through this testing necessary to fulfill the ob3 jectives of this section; and 

4 (4) developing best management practices to 

5 mitigate aquatic invasive species transfer by boat 

6 and barge operators on the Illinois River and Chi7 cago Sanitary and Shipping Canal and working with 

8 operators to implement them. 

9 (d) ADMINISTRATION.— 

10 (1) ACQUISITION OF REAL ESTATE.—The Chief 

11 of Engineers, the Director of the United States Fish 

12 and Wildlife Service, and the Director of the United 

13 States Geological Survey may acquire any real estate 

14 necessary to carry out this section. 

15 (2) COOPERATION.—In carrying out this sec16 tion, the Chief of Engineers, the Director of the 

17 United States Fish and Wildlife Service, and the Di18 rector of the United States Geological Survey shall 

19 coordinate with each other and— 

20 (A) the Governors of Illinois, Indiana, 

21 Michigan, Minnesota, New York, Ohio, Pennsyl22 vania, and Wisconsin; 

23 (B) the Metropolitan Water Reclamation 

24 District of Greater Chicago; 


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1 (C) the Asian Carp Regional Coordinating 

2 Committee; 

3 (D) the Great Lakes Commission; 

4 (E) the Great Lakes Fishery Commission; 

5 (F) the Great Lakes and St. Lawrence Cit6 ies Initiative; and 

7 (G) any other applicable State, local, or 

8 international government entity. 

9 SEC. 3. ACTIONS RELATED TO PERMANENT PREVENTION 

10 OF AQUATIC INVASIVE SPECIES TRANSFER 

11 BETWEEN THE GREAT LAKES AND MIS12 SISSIPPI RIVER BASINS. 

13 (a) CONSTRUCTION.—The Administrator of the Envi14 ronmental Protection Agency, acting through the Great 

15 Lakes Interagency Task Force, shall coordinate with the 

16 Governor of Illinois, the City of Chicago, and the Metro17 politan Water Reclamation District of Greater Chicago to 

18 carry out engineering and construction of flood mitigation 

19 and water quality measures on the Chicago Area Water20 way System related to permanent prevention of the trans21 fer of aquatic nuisance species between the Great Lakes 

22 and Mississippi River basins. 

23 (b) REQUIREMENTS.—In carrying out subsection (a), 

24 the Administrator shall— 


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1 (1) coordinate with Chicago and the Metropoli2 tan Water Reclamation District of Greater Chicago 

3 to combine infrastructure to the greatest extent 

4 practicable with the Tunnel and Reservoir Plan of 

5 the Metropolitan Water Reclamation District of 

6 Greater Chicago; 

7 (2) ensure flood mitigation in the vicinity of the 

8 Chicago Area Waterway System is not degraded; 

9 (3) ensure water quality is protected in the 

10 Great Lakes and Chicago Waterway System, con11 sistent with the Federal Water Pollution Control Act 

12 (33 U.S.C. 1251 et seq.); 

13 (4) provide for continued commercial and rec14 reational watercraft traffic on the Chicago Area Wa15 terway System to the greatest practical extent, 

16 which may include new infrastructure to minimize 

17 the impact of physical barriers necessary for aquatic 

18 invasive species control; and 

19 (5) prioritize efforts to prevent the transfer of 

20 the highest risk aquatic invasive species, including 

21 Asian carp. 

22 (c) ADMINISTRATION.— 

23 (1) CONSULTATION.—In carrying out this sec24 tion, the Administrator shall consult with the Asian 

25 Carp Regional Coordinating Committee. 


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1 (2) ASSISTANCE FROM CORPS.—The Chief of 

2 Engineers shall provide to the Administrator all doc3 umentation relating to the report issued pursuant to 

4 section 1538 of Public Law 112–141 and technical 

5 and other assistance, as requested by the Adminis6 trator. 

7 (3) DELEGATION.—In carrying out this section, 

8 the Administrator may delegate parts of the project 

9 to any of the non-Federal entities referred to in this 

10 Act. 

11 (4) IDENTIFICATION OF PARTNERS.—In car12 rying out this section, the Administrator shall work 

13 to identify non-Federal cost-share partners when ap14 plicable. 

15 (5) FEDERAL SHARE.—The Federal share of 

16 the cost of a project carried out under this section 

17 may be up to 100 percent. 

18 (d) REPORT.—Not later than 18 months after the 

19 date of enactment of this Act, the Administrator shall sub20 mit to Congress a report describing the progress made, 

21 and a plan for further actions to be taken, under this sec22 tion. 

Æ 


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