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





                                                 Union Calendar No. 411

105th CONGRESS

  2d Session

                               H. R. 1481

                          [Report No. 105-715]

_______________________________________________________________________

                                 A BILL

 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 Restoration 
                             Study Report.

_______________________________________________________________________

                           September 15, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 411
105th CONGRESS
  2d Session
                                H. R. 1481

                          [Report No. 105-715]

 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 Restoration 
                             Study Report.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 1997

Mr. LaTourette (for himself, Mr. Oberstar, Mr. Ehlers, Mr. Dingell, Mr. 
English of Pennsylvania, Mr. Stupak, Mr. Quinn, Mr. Davis of Illinois, 
 Mr. Oxley, Ms. Rivers, Ms. Kaptur, Mr. Brown of Ohio, Mr. Barcia, Mr. 
Kildee, Mr. Evans, Mr. Weller, Mr. Kucinich, Mr. Johnson of Wisconsin, 
 and Mr. LaFalce) introduced the following bill; which was referred to 
                       the Committee on Resources

                           September 15, 1998

    Additional sponsors: Mr. Bonior, Mr. Walsh, Mr. Gilchrest, Mr. 
 Gutierrez, Mr. Gillmor, Mr. McHugh, Ms. Stabenow, Mr. Sawyer, and Mr. 
                                  Ney

                           September 15, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               29, 1997]

_______________________________________________________________________

                                 A BILL


 
 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 Restoration 
                             Study Report.

    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 to rehabilitate and 
        maintain 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 Secretary of the Interior, 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 secretary of the interior.--The 
        Secretary of the Interior 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 Secretary of the Interior and shall be 
        consistent with the goals of the Great Lakes Water Quality 
        Agreement, as revised in 1987, the 1954 Great Lakes Fisheries 
        Convention, fishery management jurisdictions, 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 authority and control 
        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) make recommendations to the Council of Lake 
                Committees of the Great Lakes Fishery Commission 
                regarding priorities that should be recommended by that 
                commission under paragraph (4).
            ``(4) Recommendation of priorities.--The Council of Lake 
        Committees of the Great Lakes Fishery Commission, after 
        reviewing recommendations from the Committee under paragraph 
        (2)(B), shall recommend to the Secretary of the Interior 
        priorities for implementing the proposals.
    ``(d) Implementation of Proposals.--After considering 
recommendations of the Council of Lake Committees of the Great Lakes 
Fishery Commission and the goals specified in section 1006, the 
Secretary of the Interior 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 Secretary of the Interior 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 Secretary of the Interior 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 Secretary of the Interior 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 Secretary of the 
Interior--
            ``(1) for the activities of the Great Lakes Coordination 
        Office in East Lansing, Michigan, the Upper Great Lakes Fishery 
        Resources Office, and the Lower Great Lakes Fishery Resources 
        Office under section 1007, $3,500,000 for each of fiscal years 
        1999 through 2003; and
            ``(2) for implementation of fish and wildlife restoration 
        proposals selected by the Secretary of the Interior under 
        section 1005(d), $4,500,000 for each of fiscal years 1999 
        through 2003, of which none shall be available for costs 
        incurred in administering the proposals.''.

SEC. 9. ESTABLISHMENT OF MICHIGAN COOPERATIVE BIOLOGICAL RESOURCES 
              DIVISION RESEARCH UNIT.

    (a) In General.--The Secretary of the Interior shall enter into a 
cooperative agreement under Public Law 95-616 that establishes a 
cooperative research unit at the Michigan State University Department 
of Fisheries and Wildlife. The Secretary shall invite Michigan State 
University, the State of Michigan Department of Natural Resources, and 
governmental agencies and other persons the Secretary considers 
appropriate to prepare and enter into a cooperative agreement under 
this section.
    (b) Content of Agreement.--A cooperative agreement under this 
section shall--
            (1) be designed to provide for enhanced training, technical 
        assistance, and research on fisheries, wildlife, and natural 
        resources in the Great Lakes region, by establishing a 
        cooperative research unit that facilitates these activities and 
        serves as a liaison between the Federal Government, the State 
        of Michigan, and State academic institutions including Michigan 
        State University and the University of Michigan;
            (2) be administered under the Cooperative Research Units 
        program of the United States Geological Survey in accordance 
        with appropriate guidelines and policies that apply to the 
        operation of the program, including with respect to contracting 
        procedures, supervision, and cost share arrangements defining 
        the contributions of each signatory to the agreement; and
            (3) require that Federal funds be used, at a minimum, to 
        support the oversight activities of the responsible Federal 
        official designated under subsection (c).
    (c) Designation of Responsible Federal Official.--The Secretary of 
the Interior shall designate an individual employed in the Great Lakes 
Science Center of the United States Geological Survey to be responsible 
for overseeing activities of a cooperative research unit established 
under this section.

SEC. 10. ESTABLISHMENT OF A NEW JERSEY COOPERATIVE BIOLOGICAL RESOURCES 
              DIVISION RESEARCH UNIT.

    (a) In General.--The Secretary of the Interior shall seek to enter 
into a cooperative agreement under Public Law 95-616 that establishes a 
cooperative research unit at Rutgers University Institute of Marine and 
Coastal Sciences. The Secretary shall invite Rutgers University and the 
State of New Jersey Department of Environmental Protection to prepare 
and enter into a cooperative agreement under this section.
    (b) Content of Agreement.--A cooperative agreement under this 
section shall--
            (1) be designed to provide for enhanced training, technical 
        assistance, and research focused on fisheries, wildlife, and 
        natural resources in the Mid-Atlantic region by establishing a 
        cooperative research unit that facilitates these activities; 
        and
            (2) be administered under the Cooperative Research Units 
        program of the United States Geological Survey in accordance 
        with appropriate guidelines and policies that apply to the 
        operation of the program, including staffing, contracting 
        procedures, supervision, and cost share arrangements defining 
        the contributions of each signatory on the agreement.