II 

111TH CONGRESS 

2D SESSION S. 3553 

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 SENATE OF THE UNITED STATES 

JUNE 30, 2010 

Ms. STABENOW (for herself, Mr. DURBIN, Ms. KLOBUCHAR, Mr. SCHUMER, 

Mr. LEVIN, Mr. BROWN of Ohio, Mr. FRANKEN, Mr. BURRIS, Mrs. 

GILLIBRAND, and Mr. CASEY) 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 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 (a) In this Act: 


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

2 Chicago Area Water System. 

3 (2) DIRECTOR.—The term ‘‘Director’’ means 

4 the Director of the United States Geological Survey. 

5 (3) HYDROLOGICAL SEPARATION.—The term 

6 ‘‘hydrological separation’’ means a physical separa7 tion on the CAWS that— 

8 (A) would disconnect the Mississippi River 

9 from Lake Michigan; and 

10 (B) shall be designed to be adequate in 

11 scope to prevent the transfer of aquatic species 

12 between each water basin. 

13 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Army, acting through the Chief 

15 of Engineers. 

16 (5) STUDY.—The term ‘‘study’’ means the fea17 sibility study described in section 11(a). 

18 TITLE I—FEASIBILITY STUDY 

19 SEC. 11. FEASIBILITY STUDY. 

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

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

22 section 206 of the Food Control Act of 1958 (Public Law 

23 85–500; 72 Stat. 317), shall study the watersheds of the 

24 following rivers (including the tributaries of the rivers) 

25 that drain directly into Lake Michigan: 


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

2 Chicago, Illinois. 

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

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

5 and Indiana. 

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

7 is to determine the feasibility and best means of imple8 menting the hydrological separation of the Great Lakes 

9 and Mississippi River Basins to prevent the introduction 

10 or establishment of populations of aquatic nuisance spe11 cies between the Great Lakes and Mississippi River Basins 

12 through the CAWS and other aquatic pathways. 

13 (c) REQUIREMENTS OF STUDY.— 

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

15 to address— 

16 (A) flooding; 

17 (B) Chicago wastewater and stormwater 

18 infrastructure; 

19 (C) waterway safety operations; and 

20 (D) barge and recreational vessel traffic al21 ternatives, which shall include— 

22 (i) examining other modes of trans23 portation for cargo and CAWS users; and 

24 (ii) creating engineering designs to 

25 move canal traffic from 1 body of water to 


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1 another body of water without transferring 

2 aquatic species. 

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

4 contain a detailed analysis of the environmental ben5 efits and costs of each option described in paragraph 

6 (1). 

7 (3) ASSOCIATION WITH OTHER STUDY.—The 

8 study shall be conducted in association with the 

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

10 Resources Development Act of 2007 (121 Stat. 

11 1121). 

12 (4) CONSULTATION.—The Secretary shall con13 sult with any relevant expert or stakeholder knowl14 edgeable on the issues of hydrological separation and 

15 aquatic nuisance species. 

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

17 study by the date that is 18 months after the date of en18 actment of this Act. 

19 SEC. 12. REPORT. 

20 (a) IN GENERAL.—The Secretary shall prepare a re21 port on the waterways described in section 3(a) in accord22 ance with— 

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

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


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1 (b) DEADLINES.—The Secretary shall submit to Con2 gress and the President— 

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

4 enactment of this Act, an initial report under this 

5 section; 

6 (2) not later than 1 year after the date of en7 actment of this Act, a second report under this sec8 tion; and 

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

10 enactment of this Act, a final report under this sec11 tion. 

12 SEC. 13. FEDERAL COST REQUIREMENT. 

13 The Secretary shall carry out this Act at full Federal 

14 cost. 

15 SEC. 14. PRESIDENTIAL OVERSIGHT. 

16 The President, or the Council on Environmental 

17 Quality as a designee to the President, shall oversee the 

18 study to ensure the thoroughness and timely completion 

19 of the study. 

20 TITLE II—RESPONSE TO 

21 ADDITIONAL THREATS 

22 SEC. 21. RESPONSE. 

23 (a) MONITORING CONNECTING WATERS.—To iden24 tify additional threats that could allow Asian Carp to enter 

25 the Great Lakes Basin, the Director, in cooperation with 


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1 the Director of the United States Fish and Wildlife Serv2 ice, shall monitor and survey all waters that connect to 

3 the Great Lakes Basin or could connect to the Great 

4 Lakes Basin due to— 

5 (1) flooding; 

6 (2) underground hydrological connection; or 

7 (3) human-made diversion. 

8 (b) RESPONSE TO ADDITIONAL THREATS.—As soon 

9 as practicable after the date of identification of a threat 

10 under subsection (a), the Director, in cooperation with the 

11 Director of the United States Fish and Wildlife Service, 

12 shall— 

13 (1) prioritize each threat; and 

14 (2) help identify means to impede the passage 

15 of Asian Carp to the Great Lakes Basin. 

16 (c) CONSULTATION WITH OTHER ACTORS.—In car17 rying out subsections (a) and (b), the Director, in coopera18 tion with the Director of the United States Fish and Wild19 life Service, shall consult with each relevant— 

20 (1) Federal agency; 

21 (2) State; and 

22 (3) stakeholder. 

Æ 


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