[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1481 Engrossed in House (EH)]


  2d Session

                               H. R. 1481

_______________________________________________________________________

                                 AN ACT

 To amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to 
provide for implementation of recommendations of the United States Fish 
  and Wildlife Service contained in the Great Lakes Fishery Resources 
                           Restoration Study.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 1481

_______________________________________________________________________

                                 AN ACT


 
 To amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to 
provide for implementation of recommendations of the United States Fish 
  and Wildlife Service contained in the Great Lakes Fishery Resources 
                           Restoration Study.

    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 ``Great Lakes Fish and Wildlife 
Restoration Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Great Lakes Fishery Resources Restoration Study, 
        for which a report was submitted to Congress in 1995, was a 
        comprehensive study of the status, and the assessment, 
        management, and restoration needs, of the fishery resources of 
        the Great Lakes Basin, and was conducted through the joint 
        effort of the United States Fish and Wildlife Service, State 
        fish and wildlife resource management agencies, Indian tribes, 
        and the Great Lakes Fishery Commission; and
            (2) the study--
                    (A) found that, although State, Provincial, Native 
                American Tribal, and Federal agencies have made 
                significant progress toward the goal of restoring a 
                healthy fish community to the Great Lakes Basin, 
                additional actions and better coordination are needed 
                to protect and effectively manage the fisheries and 
                related resources in the Great Lakes Basin; and
                    (B) recommended actions that are not currently 
                funded but are considered essential to meet goals and 
                objectives in managing the resources of the Great Lakes 
                Basin.

SEC. 3. REFERENCE; REPEAL.

    (a) Reference.--Each reference in this Act (other than in 
subsection (b)) to the Great Lakes Fish and Wildlife Restoration Act of 
1990 is a reference to the Act enacted by title I of Public Law 101-537 
(104 Stat. 2370).
    (b) Repeal of Duplicative Enactment.--The Great Lakes Fish and 
Wildlife Restoration Act of 1990, enacted as title II of Public Law 
101-646 (104 Stat. 4773), is repealed.

SEC. 4. PURPOSES.

    Section 1003 of the Great Lakes Fish and Wildlife Restoration Act 
of 1990 (16 U.S.C. 941a) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``this Act'' and inserting ``this title'';
            (2) by striking paragraph (1);
            (3) by redesignating paragraphs (2) and (3) as paragraphs 
        (1) and (2), respectively;
            (4) by striking paragraph (1) (as so redesignated) and 
        inserting the following:
            ``(1) to develop and implement proposals for the 
        restoration of fish and wildlife resources in the Great Lakes 
        Basin; and''; and
            (5) in paragraph (2) (as redesignated by paragraph (3)), by 
        striking ``habitat of'' and inserting ``habitat in''.

SEC. 5. DEFINITIONS.

    Section 1004 of the Great Lakes Fish and Wildlife Restoration Act 
of 1990 (16 U.S.C. 941b) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``this Act'' and inserting ``this title'';
            (2) by redesignating paragraphs (2), (3), (4), (5), (6), 
        (7), (8), (9), and (10) as paragraphs (3), (4), (5), (6), (7), 
        (14), (9), (12), and (13), respectively;
            (3) by moving paragraph (14) (as redesignated by paragraph 
        (2)) to the end of the section;
            (4) in paragraph (9) (as redesignated by paragraph (2)), by 
        striking ``plant or animal'' and inserting ``plant, animal, or 
        other organism'';
            (5) by inserting after paragraph (1) the following:
            ``(2) the term `Committee' means the Great Lakes Fish and 
        Wildlife Restoration Proposal Review Committee established by 
        section 1005(c);'';
            (6) by inserting after paragraph (7) (as redesignated by 
        paragraph (2)) the following:
            ``(8) the term `non-Federal source' includes a State 
        government, local government, Indian Tribe, other non-Federal 
        governmental entity, private entity, and individual;'';
            (7) by inserting after paragraph (9) (as redesignated by 
        paragraph (2)) the following:
            ``(10) the term `Report' means the United States Fish and 
        Wildlife Service report entitled `Great Lakes Fishery Resources 
        Restoration Study', submitted to the President of the Senate 
        and the Speaker of the House of Representatives on September 
        13, 1995;
            ``(11) the term `restoration' means rehabilitation and 
        maintenance of the structure, function, diversity, and dynamics 
        of a biological system, including reestablishment of self-
        sustaining populations of fish and wildlife;'';
            (8) in paragraph (12) (as redesignated by paragraph (2)), 
        by striking ``and'' at the end; and
            (9) in paragraph (13) (as redesignated by paragraph (2)), 
        by striking the period at the end and inserting ``; and''.

SEC. 6. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS.

    Section 1005 of the Great Lakes Fish and Wildlife Restoration Act 
of 1990 (16 U.S.C. 941c) is amended to read as follows:

``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS.

    ``(a) In General.--The Director, in consultation with the 
Committee, shall encourage the development and, subject to the 
availability of appropriations, the implementation of proposals based 
on the results of the Report.
    ``(b) Identification of Proposals.--
            ``(1) Request by the director.--The Director shall annually 
        request that State Directors and Indian Tribes, in cooperation 
        or partnership with other interested entities and based on the 
        results of the Report, submit proposals for the restoration of 
        fish and wildlife resources.
            ``(2) Requirements for proposals.--A proposal under 
        paragraph (1) shall be submitted in the manner and form 
        prescribed by the Director and shall be consistent with the 
        goals of the Great Lakes Water Quality Agreement, as revised in 
        1987, the 1954 Great Lakes Fisheries Convention, the 1980 Joint 
        Strategic Plan for the Management of Great Lakes fishery 
        resources, the Nonindigenous Aquatic Nuisance Prevention and 
        Control Act of 1990 (16 U.S.C. 4701 et seq.), and the North 
        American Waterfowl Management Plan and joint ventures 
        established under the plan.
            ``(3) Sea lamprey authority.--The Great Lakes Fishery 
        Commission shall retain authority and responsibility for 
        formulation and implementation of a comprehensive program for 
        eradicating or minimizing sea lamprey populations in the Great 
        Lakes Basin.
    ``(c) Review of Proposals.--
            ``(1) Establishment of committee.--There is established the 
        Great Lakes Fish and Wildlife Restoration Proposal Review 
        Committee, which shall operate under the guidance of the 
        Council of Lake Committees of the Great Lakes Fishery 
        Commission.
            ``(2) Membership and appointment.--
                    ``(A) In general.--The Committee shall consist of 
                representatives of all State Directors and Indian 
                Tribes with Great Lakes fish and wildlife management 
                authority in the Great Lakes Basin.
                    ``(B) Appointments.--State Directors and Tribal 
                Chairs shall appoint their representatives, who shall 
                serve at the pleasure of the appointing authority.
                    ``(C) Observer.--The Great Lakes Coordinator of the 
                United States Fish and Wildlife Service shall 
                participate as an observer of the Committee.
                    ``(D) Recusal.--A member of the Committee shall 
                recuse himself or herself from consideration of 
                proposals that the member, or the entity that the 
                member represents, has submitted.
            ``(3) Functions.--The Committee shall at least annually--
                    ``(A) review proposals developed in accordance with 
                subsection (b) to assess their effectiveness and 
                appropriateness in fulfilling the purposes of this 
                title; and
                    ``(B) recommend to the Director any of those 
                proposals that should be funded and implemented under 
                this section.
    ``(d) Implementation of Proposals.--After considering 
recommendations of the Committee and the goals specified in section 
1006, the Director shall select proposals to be implemented and, 
subject to the availability of appropriations and subsection (e), fund 
implementation of the proposals. In selecting and funding proposals, 
the Director shall take into account the effectiveness and 
appropriateness of the proposals in fulfilling the purposes of other 
laws applicable to restoration of the fishery resources and habitat of 
the Great Lakes Basin.
    ``(e) Cost-Sharing.--
            ``(1) In general.--Not less than 25 percent of the cost of 
        implementing a proposal selected under subsection (d) (not 
        including the cost of establishing sea lamprey barriers) shall 
        be paid in cash or in-kind contributions by non-Federal 
        sources.
            ``(2) Exclusion of federal funds from non-federal share.--
        The Director may not consider the expenditure, directly or 
        indirectly, of Federal funds received by a State or local 
        government to be a contribution by a non-Federal source for 
        purposes of this subsection.''.

SEC. 7. REPORTS TO CONGRESS.

    Section 1008 of the Great Lakes Fish and Wildlife Restoration Act 
of 1990 (16 U.S.C. 941f) is amended to read as follows:

``SEC. 1008. REPORTS TO CONGRESS.

    ``On December 31, 2002, the Director shall submit to the Committee 
on Resources of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that describes--
            ``(1) actions taken to solicit and review proposals under 
        section 1005;
            ``(2) the results of proposals implemented under section 
        1005; and
            ``(3) progress toward the accomplishment of the goals 
        specified in section 1006.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Section 1009 of the Great Lakes Fish and Wildlife Restoration Act 
of 1990 (16 U.S.C. 941g) is amended to read as follows:

``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Director--
            ``(1) for the activities of the Great Lakes Coordination 
        Office in East Lansing, Michigan, of the Upper Great Lakes 
        Fishery Resources Office, and of the Lower Great Lakes Fishery 
        Resources Office under section 1007, $3,500,000 for each of 
        fiscal years 1999 through 2004; and
            ``(2) for implementation of fish and wildlife restoration 
        proposals selected by the Director under section 1005(d), 
        $4,500,000 for each of fiscal years 1999 through 2004, of which 
        no funds shall be available for costs incurred in administering 
        the proposals.''.

            Passed the House of Representatives September 23, 1998.

            Attest:

                                                                 Clerk.