II 

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. 

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’’. 

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 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 temporarily closing the lock at the Upper 

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

13 of Asian carp traveling up the Mississippi River in the 

14 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 comments. 


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

13 (1) permanent closure of the lock; 

14 (2) modified lock operations; 

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

16 and 

17 (4) any other control measures the Secretary 

18 determines to be appropriate. 

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

20 the Secretary shall assess the potential impacts, including 

21 environmental and economic impacts of— 

22 (1) implementing each of the control measures 

23 described in subsection (b); and 

24 (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 comments. 

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) 1 or more live adult Asian carp has been 

23 captured above Lock and Dam 2; or 

24 (2) 1 or more juvenile Asian carp has been cap25 tured 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 paragraph 

6 (1) or (2) of subsection (b), the Secretary of the In7 terior may submit to the Secretary a petition for clo8 sure of the lock at the Upper St. Anthony Falls 

9 Lock and Dam. 

10 (2) CONSIDERATIONS.—After receiving a peti11 tion 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; 

15 (B) submit a copy of the petition and writ16 ten response to the Committee on Transpor17 tation and Infrastructure of the House of Rep18 resentatives and the Committee on Environ19 ment and Public Works of the Senate; and 

20 (C) make a copy of the petition and writ21 ten response available to the public by elec22 tronic means, including the Internet. 

23 (d) 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 23:43 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S365.IS S365

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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 (e) EMERGENCY OPERATIONS.—Nothing in this sec5 tion prevents the Secretary from carrying out emergency 

6 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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