I 
113TH CONGRESS 
1ST SESSION 
H. R. 709 
To authorize the Secretary of the Army to take actions to manage the 
threat of Asian carp traveling up the Mississippi River in the State 
of Minnesota, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2013 
Mr. ELLISON (for himself, Mr. PAULSEN, Mr. WALZ, and Mr. NOLAN) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure, and in addition to the Committee on Nat-
ural Resources, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To authorize the Secretary of the Army to take actions 
to manage the threat of Asian carp traveling up the 
Mississippi River in the State of Minnesota, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Upper Mississippi Con-
servation and River Protection Act of 2013’’ or the 
‘‘Upper Mississippi CARP Act’’. 
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SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) ALTERNATIVE
TECHNOLOGY
BARRIER.— 
The term ‘‘alternative technology barrier’’ includes 
an electric barrier, acoustic barrier, bubble barrier, 
and such other barriers as the Secretary determines 
appropriate. 
(2) ASIAN
CARP.—The term ‘‘Asian carp’’ 
means— 
(A) grass carp (Ctenopharyngodon idella); 
(B) 
silver 
carp 
(Hypophthalmichthys 
molitrix); 
(C) bighead carp (Hypophthalmichthys 
nobilis); and 
(D) black carp (Mylopharyngodon piceus). 
(3) LOCK AND DAM 1.—The term ‘‘Lock and 
Dam 1’’ means the lock and dam located on Mis-
sissippi River mile 847.8 in Minneapolis, Minnesota. 
(4) LOCK AND DAM 2.—The term ‘‘Lock and 
Dam 2’’ means the lock and dam located on Mis-
sissippi River mile 815.2 upstream of Hastings, 
Minnesota. 
(5) LOCK AND DAM 4.—The term ‘‘Lock and 
Dam 4’’ means the lock and dam located on Mis-
sissippi River mile 752.8 in Alma, Wisconsin. 
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(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers. 
(7) UPPER
ST. ANTHONY
FALLS
LOCK
AND 
DAM.—The term ‘‘Upper St. Anthony Falls Lock 
and Dam’’ means the lock and dam located on Mis-
sissippi River mile 853.9 in Minneapolis, Minnesota. 
SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF 
UPPER ST. ANTHONY FALLS LOCK. 
(a) STUDY.—The Secretary shall conduct a study on 
the feasibility of temporary closure of the lock at the 
Upper St. Anthony Falls Lock and Dam to manage the 
threat of Asian carp traveling up the Mississippi River in 
the State of Minnesota. 
(b) POTENTIAL IMPACTS.—In conducting the study, 
the Secretary shall assess the potential impacts, including 
environmental and economic impacts of— 
(1) temporary closure of the lock; and 
(2) continuing to operate the lock. 
(c) CONSULTATION.—The Secretary shall carry out 
the study in consultation with the Secretary of the Interior 
and appropriate Federal, State, and local entities. 
(d) PUBLIC COMMENT.—In conducting the study, the 
Secretary shall provide an opportunity for, and take into 
consideration, public comment. 
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(e) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report on the results of the study. 
SEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP 
CONTROL MEASURES. 
(a) STUDY.—The Secretary shall conduct a study on 
the feasibility of implementing control measures at the 
Upper St. Anthony Falls Lock and Dam and at Lock and 
Dam 1 to manage the threat of Asian carp traveling up 
the Mississippi River in the State of Minnesota. 
(b) TYPES
OF CONTROL MEASURES.—The study 
shall include an examination of each of the following: 
(1) Permanent closure of the lock. 
(2) Modified lock operations. 
(3) Use of an alternative technology barrier. 
(4) Such other control measures as the Sec-
retary determines appropriate. 
(c) POTENTIAL IMPACTS.—In conducting the study, 
the Secretary shall assess the potential impacts, including 
environmental and economic impacts of— 
(1) implementing each of the control measures 
to be examined under subsection (b); and 
(2) not implementing any control measures. 
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(d) CONSULTATION.—The Secretary shall carry out 
the study in consultation with the Secretary of the Interior 
and appropriate Federal, State, and local entities. 
(e) PUBLIC COMMENT.—In conducting the study, the 
Secretary shall provide an opportunity for, and take into 
consideration, public comment. 
(f) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report on the results of the study. 
SEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF 
ASIAN CARP. 
(a) DISCRETIONARY CLOSURE.—The Secretary may 
close the lock at the Upper St. Anthony Falls Lock and 
Dam if the Secretary determines in writing, based on the 
assessment of potential impacts under section 3(b), that 
closure of the lock is justified as a method to manage the 
threat of Asian carp traveling up the Mississippi River in 
the State of Minnesota. 
(b) MANDATORY CLOSURE.—The Secretary shall 
close the lock at the Upper St. Anthony Falls Lock and 
Dam if the Secretary determines that— 
(1) one or more live adult Asian carp has been 
captured above Lock and Dam 2; or 
(2) one or more juvenile Asian carp has been 
captured above Lock and Dam 4. 
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(c) DETERMINATIONS BY SECRETARY OF THE INTE-
RIOR.— 
(1) PETITIONS.—If the Secretary of the Inte-
rior determines that an Asian carp has been cap-
tured that meets the criteria described in subsection 
(b)(1) or (b)(2), the Secretary of the Interior may 
transmit to the Secretary a petition for closure of 
the lock at the Upper St. Anthony Falls Lock and 
Dam. 
(2) CONSIDERATION.—After receiving a petition 
under paragraph (1), the Secretary shall— 
(A) consider the recommendation con-
tained in the petition and prepare a written re-
sponse to the recommendation; and 
(B) transmit the petition and written re-
sponse to the Committee on Transportation and 
Infrastructure of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate and make the petition and 
written response available to the public by elec-
tronic means, including the Internet. 
(d) PERIOD OF CLOSURE.—If the Secretary closes 
the lock under this section, the Secretary may reopen the 
lock after the Secretary determines in writing that ade-
quate measures are in place to manage the threat of Asian 
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carp moving upstream of the Upper St. Anthony Falls 
Lock and Dam. 
(e) EMERGENCY OPERATIONS.—Nothing in this sec-
tion shall prevent the Secretary from carrying out emer-
gency lock operations necessary to mitigate flood damage. 
SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK. 
The Council on Environmental Quality shall incor-
porate the Upper Mississippi River and tributaries, the 
Minnesota River, and the St. Croix River into the Asian 
Carp Control Strategy Framework of the Council. 
SEC. 7. SENSE OF CONGRESS. 
It is the sense of Congress that, to the maximum ex-
tent practicable, Federal agencies researching Asian carp 
control technologies should partner with State and local 
shareholders, giving priority to those collaborative part-
nerships in which the State and local shareholders con-
tribute to the cost of the research. 
Æ 
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