II 

114TH CONGRESS 

1ST SESSION S. 589 

To provide an immediate measure to control the spread of aquatic nuisance 

species from the Mississippi River basin to the Great Lakes basin and 

to inform long-term measures to prevent the Interbasin transfer of aquatic nuisance species. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 26, 2015 

Ms. STABENOW (for herself, Mr. PORTMAN, Mr. BROWN, Mr. PETERS, Ms. 

BALDWIN, Ms. KLOBUCHAR, Mr. FRANKEN, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To provide an immediate measure to control the spread of 

aquatic nuisance species from the Mississippi River basin 

to the Great Lakes basin and to inform long-term measures to prevent the Interbasin transfer of aquatic nuisance species. 

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 ‘‘Defending Our Great 

5 Lakes Act of 2015’’. 


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1 SEC. 2. AQUATIC INVASIVE SPECIES CONTROL ZONE AT 

2 BRANDON ROAD LOCK AND DAM SITE, JO3 LIET, ILLINOIS. 

4 (a) IMMEDIATE ACTIONS.— 

5 (1) IN GENERAL.—The Secretary of the Army, 

6 acting through the Chief of Engineers, the Secretary 

7 of the Interior, acting through the Director of the 

8 United States Fish and Wildlife Service and the Di9 rector of the United States Geological Survey, the 

10 Administrator of the Environmental Protection 

11 Agency, and any other applicable Federal agency 

12 shall take immediate actions to prevent the up13 stream transfer of aquatic nuisance species from the 

14 Mississippi River basin to the Great Lakes basin 

15 through the Brandon Road Lock and Dam site. 

16 (2) FOCUS.—Actions under paragraph (1) shall 

17 place a special focus on Asian carp species and other 

18 aquatic nuisance species of concern to the Great 

19 Lakes as referenced in the Great Lakes Mississippi 

20 River Interbasin Study of the Army Corps of Engi21 neers issued pursuant to section 1538 of Public Law 

22 112–141 (126 Stat. 586). 

23 (b) CONSTRUCTION.— 

24 (1) REQUIRED MEASURES.—The Chief of Engi25 neers shall implement measures to improve the 

26 Brandon Road Lock and Dam site to prevent the 


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1 upstream transfer of Asian carp and other swim2 ming aquatic nuisance species through the lock and 

3 dam, including— 

4 (A) constructing an engineered channel in 

5 the approach to the site from the Mississippi 

6 River direction, as outlined in the report issued 

7 pursuant to section 1538 of Public Law 112– 

8 141 (126 Stat. 586); and 

9 (B) adding technologies and measures nec10 essary for aquatic nuisance species control, 

11 while protecting the area’s ecosystem to the 

12 greatest extent feasible. 

13 (2) COST ESTIMATE AND SCHEDULE.—Not 

14 later than 180 days after the date of enactment of 

15 this Act, the Chief of Engineers shall submit to Con16 gress a cost estimate for, and schedule for comple17 tion of, measures to be constructed under this sub18 section. 

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

20 States Fish and Wildlife Service, in consultation with the 

21 Director of the United States Geological Survey, the Chief 

22 of Engineers, the Commandant of the United States Coast 

23 Guard, the Administrator of the Environmental Protection 

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

25 implement all appropriate measures in compliance with 


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1 applicable State and Federal law around the Brandon 

2 Road Lock and Dam site on the Illinois River to prevent 

3 the upstream transfer of swimming and floating aquatic 

4 nuisance species, with a focus on Asian carp species, in5 cluding— 

6 (1) implementing existing Asian carp moni7 toring and control strategies at the Brandon Road 

8 site, as applicable, including real-time monitoring for 

9 aquatic nuisance species passing through by using 

10 relevant technology; 

11 (2) using the Brandon Road Lock and Dam 

12 site to the maximum extent practicable to test new 

13 aquatic nuisance species control technologies and 

14 measures; 

15 (3) implementing control strategies identified 

16 through that testing necessary to fulfill the objec17 tives of this section, considering those strategies that 

18 minimize the negative impact on the river ecosystem 

19 and desirable aquatic native species, while maintain20 ing efficient navigation; and 

21 (4) developing best management practices to 

22 mitigate aquatic nuisance species transfer by boat 

23 and barge operators on the Illinois River and Chi24 cago Sanitary and Shipping Canal and working with 

25 operators to implement the practices. 


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1 (d) ADMINISTRATION.— 

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

3 of Engineers may only acquire real estate that is 

4 necessary to carry out this section and shall do so 

5 pursuant to the laws (including regulations) in exist6 ence at the time of the acquisition. 

7 (2) COOPERATION.—In carrying out this sec8 tion, the Chief of Engineers, the Director of the 

9 United States Fish and Wildlife Service, and the Di10 rector of the United States Geological Survey shall 

11 coordinate with each other and— 

12 (A) the Governors of Illinois, Indiana, 

13 Michigan, Minnesota, New York, Ohio, Pennsyl14 vania, and Wisconsin; 

15 (B) the Chicago Area Waterway System 

16 Advisory Committee; and 

17 (C) any other applicable State, regional, 

18 local, and international government entity. 

19 (3) CONSULTATION.—In carrying out this sec20 tion, the Chief of Engineers, the Director of the 

21 United States Fish and Wildlife Service, and the Di22 rector of the United States Geological Survey shall 

23 consult with appropriate entities in the business, 

24 commerce, and environmental communities. 


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1 SEC. 3. ACTIONS RELATED TO THE LONG-TERM PREVEN2 TION OF AQUATIC NUISANCE SPECIES 

3 TRANSFER BETWEEN THE GREAT LAKES 

4 BASIN AND MISSISSIPPI RIVER BASIN. 

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

6 through the Chief of Engineers, the Secretary of the Inte7 rior, acting through the Director of the United States Fish 

8 and Wildlife Service and the Director of the United States 

9 Geological Survey, the Administrator of the Environ10 mental Protection Agency, and any other applicable Fed11 eral entity shall take actions for the long-term prevention 

12 of aquatic nuisance species between the Mississippi River 

13 basin and the Great Lakes basin, including transfer 

14 through the Chicago Area Waterway System. 

15 (b) CONSTRUCTION.—The Chief of Engineers shall 

16 coordinate with the Governor of Illinois, the City of Chi17 cago, the Metropolitan Water Reclamation District of 

18 Greater Chicago, and other relevant entities to design, en19 gineer, and construct flood mitigation and water quality 

20 measures on the Chicago Area Waterway System related 

21 to the prevention of the transfer of aquatic nuisance spe22 cies between the Mississippi River basin and the Great 

23 Lakes basin, including transfer through the Chicago Area 

24 Waterway System. 

25 (c) REQUIREMENTS.—In carrying out subsection (b), 

26 the Chief of Engineers shall— 


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1 (1) coordinate with the City of Chicago and the 

2 Metropolitan Water Reclamation District of Greater 

3 Chicago to combine infrastructure to the maximum 

4 extent practicable with the Tunnel and Reservoir 

5 Plan of the Metropolitan Water Reclamation District 

6 of Greater Chicago, and other relevant storm and 

7 sewer water infrastructure projects; 

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

9 Chicago Area Waterway System is improved and 

10 strengthen protections against flooding for residen11 tial and commercial neighborhoods; 

12 (3) ensure water quality is protected in the 

13 Great Lakes, the Chicago Waterway System, and 

14 the Mississippi River basin consistent with the Fed15 eral Water Pollution Control Act (33 U.S.C. 1251 et 

16 seq.); 

17 (4) provide for continued commercial and rec18 reational watercraft traffic on the Chicago Area Wa19 terway System, and maintain efficient navigation; 

20 and 

21 (5) prioritize efforts to prevent the upstream 

22 and downstream transfer of aquatic nuisance spe23 cies. 

24 (d) ADMINISTRATION.— 


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1 (1) COOPERATION.—In carrying out this sec2 tion, the Chief of Engineers, the Director of the 

3 United States Fish and Wildlife Service, and the Di4 rector of the United States Geological Survey shall 

5 coordinate with each other and— 

6 (A) the Governors of Illinois, Indiana, 

7 Michigan, Minnesota, New York, Ohio, Pennsyl8 vania, and Wisconsin; 

9 (B) the Chicago Area Waterway System 

10 Advisory Committee; and 

11 (C) any other applicable State, regional, 

12 local, and international government entity. 

13 (2) CONSULTATION.—In carrying out this sec14 tion, the Chief of Engineers, the Director of the 

15 United States Fish and Wildlife Service, and the Di16 rector of the United States Geological Survey shall 

17 consult with appropriate entities in the business, 

18 commerce, and environmental communities. 

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

20 the Chief of Engineers may delegate parts of the 

21 project to non-Federal entities subject to the avail22 ability of funding. 

23 (4) IDENTIFICATION OF PARTNERS.—In car24 rying out this section, the Chief of Engineers shall 


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1 work to identify non-Federal cost-share partners 

2 when applicable. 

3 (5) ACQUISITION OF REAL ESTATE.—The Chief 

4 of Engineers may only acquire real estate that is 

5 necessary to carry out this section and shall do so 

6 pursuant to the laws (including regulations) in exist7 ence at the time of the acquisition. 

8 (e) REPORT.— 

9 (1) IN GENERAL.—Not later than 18 months 

10 after the date of enactment of this Act, and each 

11 year thereafter, the Chief of Engineers shall submit 

12 to the Committee on Environment and Public Works 

13 of the Senate and the Committee on Transportation 

14 and Infrastructure of the House of Representatives 

15 a report describing the progress made, and a plan 

16 for further actions to be taken, under this section. 

17 (2) PUBLIC AVAILABILITY.—Reports under 

18 paragraph (1) shall be made available to the public 

19 through electronic means, including the Internet. 

20 SEC. 4. SENSE OF CONGRESS. 

21 It is the sense of Congress that there is an ongoing 

22 need to further examine and protect the tributaries and 

23 waterways located in other affected areas and States in 

24 the Great Lakes region, including at a minimum, the St. 

25 Croix River, the Minnesota River, the Wisconsin River, 


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1 and the Ohio River, against the transfer of aquatic nui2 sance species. 

Æ 


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