II 

109TH CONGRESS 

2D SESSION S. 4096 

To require the Secretary of the Army to operate and maintain as a system 

the Chicago sanitary and ship canal dispersal barriers to prevent the 

spread of aquatic invasive species into the Great Lakes, and to determine 

the feasibility of a dispersal barrier project at the Lake Champlain 

Canal, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2006 

Mr. VOINOVICH (for himself, Mr. OBAMA, Mr. DEWINE, Mr. LEVIN, Ms. 

STABENOW, and Mr. JEFFORDS) introduced the following bill; which was 

read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To require the Secretary of the Army to operate and maintain as a system the Chicago sanitary and ship canal 

dispersal barriers to prevent the spread of aquatic 

invasive species into the Great Lakes, and to determine 

the feasibility of a dispersal barrier project at the Lake 

Champlain Canal, 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 ‘‘Barrier Project Con5 solidation and Construction Act of 2006’’. 


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•S 4096 IS

1 SEC. 2. CONSOLIDATION OF BARRIER PROJECTS. 

2 (a) IN GENERAL.—The Chicago Sanitary and Ship 

3 Canal Dispersal Barrier Project (referred to in this Act 

4 as ‘‘Barrier I’’) (as in existence on the date of enactment 

5 of this Act), constructed as a demonstration project under 

6 section 1202(i)(3) of the Nonindigenous Aquatic Nuisance 

7 Prevention and Control Act of 1990 (16 U.S.C. 

8 4722(i)(3)), and the project relating to the Chicago Sani9 tary and Ship Canal Dispersal Barrier, as authorized by 

10 section 345 of the District of Columbia Appropriations 

11 Act, 2005 (Public Law 108–335; 118 Stat. 1352) (re12 ferred to in this Act as ‘‘Barrier II’’), shall be considered 

13 to constitute a single project to prevent the spread of 

14 aquatic nuisance species. 

15 (b) ACTIVITIES RELATING TO BARRIER I AND BAR16 RIER II.— 

17 (1) DUTIES OF SECRETARY OF THE ARMY.— 

18 The Secretary of the Army (referred to in this Act 

19 as the ‘‘Secretary’’) shall, at full Federal expense— 

20 (A) upgrade and make permanent Barrier 

21 I; 

22 (B) construct Barrier II, notwithstanding 

23 the project cooperation agreement with the 

24 State of Illinois dated June 14, 2005; 

25 (C) operate and maintain Barrier I and 

26 Barrier II as a system to optimize effectiveness; 


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1 (D) conduct, in consultation with appro2 priate Federal, State, local, and nongovern3 mental entities, a study of a full range of op4 tions and technologies for reducing impacts of 

5 hazards that may reduce the efficacy of the 

6 Barriers; and 

7 (E) provide to each State a credit in an 

8 amount equal to the amount of funds contrib9 uted by the State toward Barrier II. 

10 (2) APPLICATION OF CREDIT.—A State may 

11 apply a credit received under paragraph (1)(E) to 

12 any cost-sharing responsibility for an existing or fu13 ture Federal project with the Corps of Engineers in 

14 the State. 

15 (c) FEASIBILITY STUDY.—The Secretary, in con16 sultation with appropriate Federal, State, local, and non17 governmental entities, shall conduct a feasibility study, at 

18 full Federal expense, of the range of options and tech19 nologies available to prevent the spread of aquatic nui20 sance species between the Great Lakes and Mississippi 

21 River Basins through the Chicago Sanitary and Ship 

22 Canal and other aquatic pathways. 

23 (d) CONFORMING AMENDMENT.—Section 345 of the 

24 District of Columbia Appropriations Act, 2005 (Public 


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1 Law 108–335; 118 Stat. 1352) is amended to read as fol2 lows: 

3 ‘‘SEC. 345. There are authorized to be appropriated 

4 such sums as are necessary to carry out the Barrier II 

5 project of the project for the Chicago Sanitary and Ship 

6 Canal Dispersal Barrier, Illinois, initiated pursuant to sec7 tion 1135 of the Water Resources Development Act of 

8 1986 (33 U.S.C. 2309a).’’. 

9 SEC. 3. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND 

10 NEW YORK. 

11 (a) DISPERSAL BARRIER PROJECT.—The Secretary 

12 shall determine, at full Federal expense, the feasibility of 

13 a dispersal barrier project at the Lake Champlain Canal. 

14 (b) CONSTRUCTION, MAINTENANCE, AND OPER15 ATION.—If the Secretary determines that the project de16 scribed in subsection (a) is feasible, the Secretary shall 

17 construct, maintain, and operate a dispersal barrier at the 

18 Lake Champlain Canal at full Federal expense. 

Æ 


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