text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Upper Mississippi Conservation and 
  River Protection Act of 2013'' or the ``Upper Mississippi CARP Act''.
  
  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 Mississippi 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 Mississippi 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 Mississippi River mile 752.8 in Alma, 
          Wisconsin.
              (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 Mississippi 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.
      (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 Secretary 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.
      (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.
      (c) Determinations by Secretary of the Interior.--
              (1) Petitions.--If the Secretary of the Interior determines 
          that an Asian carp has been captured 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 contained in the 
                  petition and prepare a written response to the 
                  recommendation; and
                      (B) transmit the petition and written response 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 electronic 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 adequate measures are in place to manage the 
  threat of Asian carp moving upstream of the Upper St. Anthony Falls 
  Lock and Dam.
      (e) Emergency Operations.--Nothing in this section shall prevent 
  the Secretary from carrying out emergency lock operations necessary to 
  mitigate flood damage.
  
  SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK.
  
      The Council on Environmental Quality shall incorporate 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 extent 
  practicable, Federal agencies researching Asian carp control 
  technologies should partner with State and local shareholders, giving 
  priority to those collaborative partnerships in which the State and 
  local shareholders contribute to the cost of the research.
target: Upper Mississippi Conservation and River Protection Act of 2013 or the Upper Mississippi CARP Act - Directs the Chief of Engineers to study the feasibility of: (1) temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam (located on Mississippi River mile 853.9 in Minneapolis, Minnesota) to manage the threat of Asian carp traveling up the Mississippi River in Minnesota, and (2) implementing control measures at such lock and Lock and Dam 1 (located on Mississippi River mile 847.8 in Minneapolis, Minnesota), including permanently closing the locks, modifying lock operations, or using an alternative technology barrier, to manage such threat. Requires the Chief to assess the potential impacts, including environmental and economic impacts: (1) of temporary closure of such lock and of continuing to operate it, and (2) of implementing each of such control measures and of not implementing such measures. Authorizes the Chief to close such lock upon determining that closure is justified based on the assessment of potential impacts. Requires the Chief to close such lock upon determining that a live adult Asian carp has been captured above Lock and Dam 2 (located on Mississippi River mile 815.2 upstream of Hastings, Minnesota) or that a juvenile Asian carp has been captured above Lock and Dam 4 (located on Mississippi River mile 752.8 in Alma, Wisconsin). Authorizes the Secretary of the Interior, upon determining that an Asian carp has been captured at such a location, to transmit to the Chief a petition for closure of such lock. Allows the Chief to reopen the lock upon determining that adequate measures are in place to manage the threat. Directs the Council on Environmental Quality to incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council.  Expresses the sense of Congress that federal agencies researching Asian carp control technologies should partner with state and local shareholders, giving priority to collaborative partnerships in which such shareholders contribute to the cost of the research.
feat_title: Upper Mississippi CARP Act