S 471

112th CONGRESS
1st Session

S. 471

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

March 3, 2011

Ms. STABENOW (for herself, Mr. DURBIN, Mr. BROWN of Ohio, Mr. SCHUMER, Ms. KLOBUCHAR, Mr. LEVIN, and Mrs. GILLIBRAND) 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.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Stop Asian Carp Act of 2011'.

SEC. 2. DEFINITIONS.

    In this Act:

      (1) CAWS- The term `CAWS' means the Chicago Area Water System.

      (2) DIRECTOR- The term `Director' means the Director of the United States Geological Survey.

      (3) HYDROLOGICAL SEPARATION- The term `hydrological separation' means a physical separation on the CAWS that--

        (A) would disconnect the Mississippi River from Lake Michigan; and

        (B) shall be designed to be adequate in scope to prevent the transfer of aquatic species between each of those bodies of water.

      (4) SECRETARY- The term `Secretary' means the Secretary of the Army, acting through the Chief of Engineers.

      (5) STUDY- The term `study' means the feasibility study described in section 101(a).

TITLE I--FEASIBILITY STUDY

SEC. 101. FEASIBILITY STUDY.

    (a) In General- Not later than 30 days after the date of enactment of this Act, the Secretary, pursuant to section 206 of the Flood Control Act of 1958 (Public Law 85-500; 72 Stat. 317), shall initiate a study of the watersheds of the following rivers (including the tributaries of the rivers) that drain directly into Lake Michigan:

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

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

      (3) The Calumet River in the States of Illinois and Indiana.

    (b) Purpose of Study- The purpose of the study shall be to determine the feasibility and best means of implementing the hydrological separation of the Great Lakes and Mississippi River Basins to prevent the introduction or establishment of populations of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the CAWS and other aquatic pathways.

    (c) Requirements of Study-

      (1) OPTIONS- The study shall include options to address--

        (A) flooding;

        (B) Chicago wastewater and stormwater infrastructure;

        (C) waterway safety operations; and

        (D) barge and recreational vessel traffic alternatives, which shall include--

          (i) examining other modes of transportation for cargo and CAWS users; and

          (ii) creating engineering designs to move canal traffic from 1 body of water to another body of water without transferring aquatic species.

      (2) COST-BENEFIT ANALYSIS- The study shall contain a detailed analysis of the environmental benefits and costs of each option described in paragraph (1).

      (3) ASSOCIATION WITH OTHER STUDY- The study shall be conducted in association with the study required under section 3061(d) of the Water Resources Development Act of 2007 (Public Law 110-114; 121 Stat. 1121).

      (4) CONSULTATION- In conducting the study, the Secretary shall consult with any relevant expert or stakeholder knowledgeable on the issues of hydrological separation and aquatic nuisance species.

    (d) Deadline- The Secretary shall complete the study by not later than the date that is 18 months after the date of enactment of this Act.

SEC. 102. REPORT.

    (a) In General- The Secretary shall prepare a report on the waterways described in section 101(a) in accordance with--

      (1) the purpose described in section 101(b); and

      (2) each requirement described in section 101(c).

    (b) Deadlines- The Secretary shall submit to Congress and the President--

      (1) not later than 180 days after the date of enactment of this Act, an initial report under this section;

      (2) not later than 1 year after the date of enactment of this Act, an interim report under this section; and

      (3) not later than 18 months after the date of enactment of this Act, a final report under this section.

SEC. 103. FEDERAL EXPENSE REQUIREMENT.

    The Secretary shall carry out this Act at full Federal expense.

SEC. 104. PRESIDENTIAL OVERSIGHT.

    The President, or the Council on Environmental Quality, acting as a designee of the President, shall oversee the study to ensure the thoroughness and timely completion of the study.

TITLE II--RESPONSE TO ADDITIONAL THREATS

SEC. 201. RESPONSE.

    (a) Monitoring Connecting Waters- To identify additional threats that could allow Asian Carp to enter the Great Lakes Basin, the Director, in cooperation with the Director of the United States Fish and Wildlife Service, shall monitor and survey all waters that connect to the Great Lakes Basin or could connect to the Great Lakes Basin due to--

      (1) flooding;

      (2) underground hydrological connection; or

      (3) human-made diversion.

    (b) Response to Additional Threats- As soon as practicable after the date of identification of a threat under subsection (a), the Director, in cooperation with the Director of the United States Fish and Wildlife Service, shall--

      (1) prioritize each threat; and

      (2) help identify means to impede the passage of Asian Carp to the Great Lakes Basin.

    (c) Consultation With Other Actors- In carrying out subsections (a) and (b), the Director, in cooperation with the Director of the United States Fish and Wildlife Service, shall consult with each relevant--

      (1) Federal agency;

      (2) State; and

      (3) stakeholder.

END