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H.R. 5861 (113th): Guarding Our Great Lakes Act

The text of the bill below is as of Dec 11, 2014 (Introduced).

I

113th CONGRESS

2d Session

H. R. 5861

IN THE HOUSE OF REPRESENTATIVES

December 11, 2014

(for himself, Ms. Slaughter, Mrs. Miller of Michigan, Mr. Walberg, Mr. Dingell, Mr. Upton, Mr. Huizenga of Michigan, Mr. Benishek, Mr. Kelly of Pennsylvania, Mr. Higgins, Mr. Thompson of Pennsylvania, and Mr. Peters of Michigan) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To control the spread of aquatic invasive species between the Great Lakes basin and the Mississippi River basin, and for other purposes.

1.

Short title

This Act may be cited as the Guarding Our Great Lakes Act .

2.

Aquatic invasive species control zone at Brandon Road Lock and Dam, Joliet Illinois

(a)

In general

The Secretary of the Army, acting through the Chief of Engineers, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Director of the United States Geological Survey, the Administrator of the Environmental Protection Agency, and each other applicable Federal agency shall take actions to prevent the transfer of aquatic invasive species, with a focus on Asian carp species, through the Brandon Road Lock and Dam.

(b)

Construction

(1)

Required measures

The Chief of Engineers shall construct measures to improve the Brandon Road Lock and Dam to prevent the upstream transfer of swimming aquatic invasive species through the lock and dam, including—

(A)

an engineered channel in the approach from the Mississippi River direction, as outlined in the report issued pursuant to section 1538 of Public Law 112–141 ;

(B)

adding additional structures necessary for aquatic invasive species control; and

(C)

the construction and operation of electric dispersal barriers.

(2)

Cost estimate and schedule

Not later than 6 months after the date of enactment of this Act, the Chief of Engineers shall submit to Congress a cost estimate for, and schedule for completion of, measures to be constructed under this subsection.

(c)

Other measures

The Director of the United States Fish and Wildlife Service, in consultation with the Director of the United States Geological Survey, the Chief of Engineers, the Commandant of the United States Coast Guard, the Administrator of the Environmental Protection Agency, and the heads of other relevant agencies, shall implement all appropriate measures in compliance with applicable State and Federal law around the Brandon Road Lock and Dam on the Illinois River to prevent the upstream and downstream transfer of swimming and floating aquatic invasive species, with a focus on Asian carp species, including—

(1)

implementing existing Asian carp monitoring and control strategies at the Brandon Road location, as applicable;

(2)

using the Brandon Road location to the greatest extent possible to test new aquatic invasive species control technologies;

(3)

implementing all control strategies identified through this testing necessary to fulfill the objectives of this section; and

(4)

developing best management practices to mitigate aquatic invasive species transfer by boat and barge operators on the Illinois River and Chicago Sanitary and Shipping Canal and working with operators to implement them.

(d)

Administration

(1)

Acquisition of real estate

The Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey may acquire any real estate necessary to carry out this section.

(2)

Cooperation

In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall coordinate with each other and—

(A)

the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin;

(B)

the Metropolitan Water Reclamation District of Greater Chicago;

(C)

the Asian Carp Regional Coordinating Committee;

(D)

the Great Lakes Commission;

(E)

the Great Lakes Fishery Commission;

(F)

the Great Lakes and St. Lawrence Cities Initiative; and

(G)

any other applicable State, local, or international government entity.

3.

Actions related to permanent prevention of aquatic invasive species transfer between the Great Lakes and Mississippi River basins

(a)

Construction

The Administrator of the Environmental Protection Agency, acting through the Great Lakes Interagency Task Force, shall coordinate with the Governor of Illinois, the City of Chicago, and the Metropolitan Water Reclamation District of Greater Chicago to carry out engineering and construction of flood mitigation and water quality measures on the Chicago Area Waterway System related to permanent prevention of the transfer of aquatic nuisance species between the Great Lakes and Mississippi River basins.

(b)

Requirements

In carrying out subsection (a), the Administrator shall—

(1)

coordinate with Chicago and the Metropolitan Water Reclamation District of Greater Chicago to combine infrastructure to the greatest extent practicable with the Tunnel and Reservoir Plan of the Metropolitan Water Reclamation District of Greater Chicago;

(2)

ensure flood mitigation in the vicinity of the Chicago Area Waterway System is not degraded;

(3)

ensure water quality is protected in the Great Lakes and Chicago Waterway System, consistent with the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. );

(4)

provide for continued commercial and recreational watercraft traffic on the Chicago Area Waterway System to the greatest practical extent, which may include new infrastructure to minimize the impact of physical barriers necessary for aquatic invasive species control; and

(5)

prioritize efforts to prevent the transfer of the highest risk aquatic invasive species, including Asian carp.

(c)

Administration

(1)

Consultation

In carrying out this section, the Administrator shall consult with the Asian Carp Regional Coordinating Committee.

(2)

Assistance from Corps

The Chief of Engineers shall provide to the Administrator all documentation relating to the report issued pursuant to section 1538 of Public Law 112–141 and technical and other assistance, as requested by the Administrator.

(3)

Delegation

In carrying out this section, the Administrator may delegate parts of the project to any of the non-Federal entities referred to in this Act.

(4)

Identification of partners

In carrying out this section, the Administrator shall work to identify non-Federal cost-share partners when applicable.

(5)

Federal share

The Federal share of the cost of a project carried out under this section may be up to 100 percent.

(d)

Report

Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the progress made, and a plan for further actions to be taken, under this section.