[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1481 Enrolled Bill (ENR)]

        H.R.1481

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.