Defending Our Great Lakes Act of 2015
This bill requires federal agencies to take immediate actions to prevent the upstream transfer of aquatic nuisance species from the Mississippi River basin to the Great Lakes basin through the Brandon Road Lock and Dam site. The actions must place a special focus on Asian carp species and other aquatic nuisance species of concern to the Great Lakes referred to in the Great Lakes Mississippi River Interbasin Study conducted by the U.S. Army Corps of Engineers.
The Army Corps must implement measures to improve the site to prevent the upstream transfer of Asian carp and other aquatic nuisance species swimming through the lock and dam, including by constructing an engineered channel in the approach to the site from the Mississippi River direction.
The U.S. Fish and Wildlife Service must implement all appropriate measures around the site on the Illinois River to prevent the upstream transfer of swimming and floating aquatic nuisance species, with a focus on Asian carp species.
Federal entities must take actions for the long-term prevention of the transfer of aquatic nuisance species between the Mississippi River and Great Lakes basins, including through the Chicago Area Waterway System. The Army Corps must design, engineer, and construct flood mitigation and water quality measures on the Chicago Area Waterway System related to preventing such transfer.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1135 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 1135
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 HOUSE OF REPRESENTATIVES
February 26, 2015
Mrs. Miller of Michigan (for herself, Mrs. Dingell, Ms. Slaughter, Mr.
Kelly of Pennsylvania, Mr. Huizenga of Michigan, Mr. Levin, Ms. Kaptur,
Mr. Conyers, Mr. Moolenaar, Mr. Latta, Mr. Walberg, Mr. Benishek, Mr.
Bishop of Michigan, Mr. Upton, Mr. Joyce, Mr. Duffy, Mr. Trott, Mr.
Nolan, and Mr. Kildee) 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 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.
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 ``Defending Our Great Lakes Act of
2015''.
SEC. 2. AQUATIC INVASIVE SPECIES CONTROL ZONE AT BRANDON ROAD LOCK AND
DAM SITE, JOLIET, ILLINOIS.
(a) Immediate Actions.--
(1) 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 any other applicable Federal agency shall take
immediate actions to prevent the upstream transfer of aquatic
nuisance species from the Mississippi River basin to the Great
Lakes basin through the Brandon Road Lock and Dam site.
(2) Focus.--Actions under paragraph (1) shall place a
special focus on Asian carp species and other aquatic nuisance
species of concern to the Great Lakes as referenced in the
Great Lakes Mississippi River Interbasin Study of the Army
Corps of Engineers issued pursuant to section 1538 of Public
Law 112-141 (126 Stat. 586).
(b) Construction.--
(1) Required measures.--The Chief of Engineers shall
implement measures to improve the Brandon Road Lock and Dam
site to prevent the upstream transfer of Asian carp and other
swimming aquatic nuisance species through the lock and dam,
including--
(A) constructing an engineered channel in the
approach to the site from the Mississippi River
direction, as outlined in the report issued pursuant to
section 1538 of Public Law 112-141 (126 Stat. 586); and
(B) adding technologies and measures necessary for
aquatic nuisance species control, while protecting the
area's ecosystem to the greatest extent feasible.
(2) Cost estimate and schedule.--Not later than 180 days
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 site on the
Illinois River to prevent the upstream transfer of swimming and
floating aquatic nuisance species, with a focus on Asian carp species,
including--
(1) implementing existing Asian carp monitoring and control
strategies at the Brandon Road site, as applicable, including
real-time monitoring for aquatic nuisance species passing
through by using relevant technology;
(2) using the Brandon Road Lock and Dam site to the maximum
extent practicable to test new aquatic nuisance species control
technologies and measures;
(3) implementing control strategies identified through that
testing necessary to fulfill the objectives of this section,
considering those strategies that minimize the negative impact
on the river ecosystem and desirable aquatic native species,
while maintaining efficient navigation; and
(4) developing best management practices to mitigate
aquatic nuisance species transfer by boat and barge operators
on the Illinois River and Chicago Sanitary and Shipping Canal
and working with operators to implement the practices.
(d) Administration.--
(1) Acquisition of real estate.--The Chief of Engineers may
only acquire real estate that is necessary to carry out this
section and shall do so pursuant to the laws (including
regulations) in existence at the time of the acquisition.
(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 Chicago Area Waterway System Advisory
Committee; and
(C) any other applicable State, regional, local,
and international government entity.
(3) Consultation.--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 consult with appropriate entities in
the business, commerce, and environmental communities.
SEC. 3. ACTIONS RELATED TO THE LONG-TERM PREVENTION OF AQUATIC NUISANCE
SPECIES TRANSFER BETWEEN THE GREAT LAKES BASIN AND
MISSISSIPPI RIVER BASIN.
(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 any other applicable Federal
entity shall take actions for the long-term prevention of aquatic
nuisance species between the Mississippi River basin and the Great
Lakes basin, including transfer through the Chicago Area Waterway
System.
(b) Construction.--The Chief of Engineers shall coordinate with the
Governor of Illinois, the City of Chicago, the Metropolitan Water
Reclamation District of Greater Chicago, and other relevant entities to
design, engineer, and construct flood mitigation and water quality
measures on the Chicago Area Waterway System related to the prevention
of the transfer of aquatic nuisance species between the Mississippi
River basin and the Great Lakes basin, including transfer through the
Chicago Area Waterway System.
(c) Requirements.--In carrying out subsection (b), the Chief of
Engineers shall--
(1) coordinate with the City of Chicago and the
Metropolitan Water Reclamation District of Greater Chicago to
combine infrastructure to the maximum extent practicable with
the Tunnel and Reservoir Plan of the Metropolitan Water
Reclamation District of Greater Chicago, and other relevant
storm and sewer water infrastructure projects;
(2) ensure flood mitigation in the vicinity of the Chicago
Area Waterway System is improved and strengthen protections
against flooding for residential and commercial neighborhoods;
(3) ensure water quality is protected in the Great Lakes,
the Chicago Waterway System, and the Mississippi River basin
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, and
maintain efficient navigation; and
(5) prioritize efforts to prevent the upstream and
downstream transfer of aquatic nuisance species.
(d) Administration.--
(1) 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 Chicago Area Waterway System Advisory
Committee; and
(C) any other applicable State, regional, local,
and international government entity.
(2) Consultation.--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 consult with appropriate entities in
the business, commerce, and environmental communities.
(3) Delegation.--In carrying out this section, the Chief of
Engineers may delegate parts of the project to non-Federal
entities subject to the availability of funding.
(4) Identification of partners.--In carrying out this
section, the Chief of Engineers shall work to identify non-
Federal cost-share partners when applicable.
(5) Acquisition of real estate.--The Chief of Engineers may
only acquire real estate that is necessary to carry out this
section and shall do so pursuant to the laws (including
regulations) in existence at the time of the acquisition.
(e) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, and each year thereafter, the Chief of
Engineers shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
describing the progress made, and a plan for further actions to
be taken, under this section.
(2) Public availability.--Reports under paragraph (1) shall
be made available to the public through electronic means,
including the Internet.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that there is an ongoing need to
further examine and protect the tributaries and waterways located in
other affected areas and States in the Great Lakes region, including at
a minimum, the St. Croix River, the Minnesota River, the Wisconsin
River, and the Ohio River, against the transfer of aquatic nuisance
species.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E260-261)
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.
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.
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.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Water, Power and Oceans.
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