Pub. L. 110-114, tit. III, sec. 3061 (as amended)
CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS PROJECT, ILLINOIS.
SEC. 3061. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS PROJECT, ILLINOIS.
(a) Treatment as Single Project.—The Chicago Sanitary and Ship Canal Dispersal Barrier Project (in this section referred to as “Barrier I”), as in existence on the date of enactment of this Act and constructed as a demonstration project under section 1202(i)(3) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(i)(3)), and the project relating to the Chicago Sanitary and Ship Canal Dispersal Barrier, authorized by section 345 of the District of Columbia Appropriations Act, 2005 (Public Law 108–335; 118 Stat. 1352) (in this section referred to as “Barrier II”) shall be considered to constitute a single project.
(b) Authorization.—
(1) In general.—The Secretary, at Federal expense, shall—
(A) upgrade and make permanent Barrier I;
(B) construct Barrier II, notwithstanding the project cooperation agreement with the State of Illinois dated June 14, 2005;
(C) operate and maintain Barrier I and Barrier II as a system to optimize effectiveness;
(D) conduct, in consultation with appropriate Federal, State, local, and nongovernmental entities, a study of a range of options and technologies for reducing impacts of hazards that may reduce the efficacy of the Barriers; and
(E) provide to each State a credit in an amount equal to the amount of funds contributed by the State toward Barrier II.
(2) Use of credit.—A State may apply a credit provided to the State under paragraph (1)(E) to any cost sharing responsibility for an existing or future Federal project carried out by the Secretary in the State.
(c) Conforming Amendment.—Section 345 of the District of Columbia Appropriations Act, 2005 (Public Law 108–335; 118 Stat. 1352) is amended to read as follows:
“SEC. 345. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIER, ILLINOIS.
“There are authorized to be appropriated such sums as may be necessary to carry out the Barrier II element of the project for the Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois, initiated pursuant to section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2294 note; 100 Stat. 4251).”
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(d) Feasibility Study.—
(1) In general.—The Secretary, in consultation with appropriate Federal, State, local, and nongovernmental entities, shall conduct, at Federal expense, a feasibility study of the range of options and technologies available to prevent the spread of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the Chicago Sanitary and Ship Canal and other aquatic pathways.
(2) Operation and maintenance.—Operation and maintenance of any project authorized to be carried out pursuant to the feasibility
study identified in paragraph (1) shall be carried out at 80 percent
Federal expense and 20 percent non-Federal expense.
(3) Consultation.—After construction of any project authorized to be carried out pursuant to the feasibility study
identified in paragraph (1), the Secretary shall consult with the Governor
of the State in which the project is constructed before any control
technologies not included in the Chief's Report are implemented.
- Public laws referenced
- 108-335