S.Amdt. 827

SA 827. Ms. STABENOW submitted an amendment intended to be proposed
to amendment SA 738 proposed by Mr. Inouye to the bill H.R. 2112,
making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2012, and for other purposes; which was ordered to
lie on the table; as follows:

On page 83, between lines 20 and 21, insert the following:

SEC. 7__. ASIAN CARP.

(a) Definitions.--In this section:
(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 subsection (b)(1).
(b) Feasibility Study.--
(1) 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:
(A) The Illinois River, at and in the vicinity of Chicago,
Illinois.
(B) The Chicago River in the State of Illinois.
(C) The Calumet River in the States of Illinois and
Indiana.
(2) 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.
(3) Requirements of study.--
(A) Options.--The study shall include options to address--
(i) flooding;
(ii) Chicago wastewater and stormwater infrastructure;
(iii) waterway safety operations; and
(iv) 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.

(B) Cost-benefit analysis.--The study shall contain a
detailed analysis of the environmental benefits and costs of
each option described in subparagraph (A).
(C) 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).
(D) 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.
(4) 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.
(c) Report.--
(1) In general.--The Secretary shall prepare a report on
the waterways described in subsection (b)(1) in accordance
with--
(A) the purpose described in subsection (b)(2); and
(B) each requirement described in subsection (b)(3).
(2) Deadlines.--The Secretary shall submit to Congress and
the President--
(A) not later than 180 days after the date of enactment of
this Act, an initial report under this subsection;
(B) not later than 1 year after the date of enactment of
this Act, an interim report under this subsection; and
(C) not later than 18 months after the date of enactment of
this Act, a final report under this subsection.
(d) Federal Expense Requirement.--The Secretary shall carry
out this section at full Federal expense.
(e) 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.
(f) Response to Additional Threats.--
(1) 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--
(A) flooding;
(B) underground hydrological connection; or
(C) human-made diversion.
(2) Response to additional threats.--As soon as practicable
after the date of identification of a threat under paragraph
(1), the Director, in cooperation with the Director of the
United States Fish and Wildlife Service, shall--
(A) prioritize each threat; and
(B) help identify means to impede the passage of Asian Carp
to the Great Lakes Basin.
(3) Consultation with other actors.--In carrying out
paragraphs (1) and (2), the Director, in cooperation with the
Director of the United States Fish and Wildlife Service,
shall consult with each relevant--
(A) Federal agency;
(B) State; and
(C) stakeholder.
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