[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2430 Enrolled Bill (ENR)]
S.2430
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes have fish and wildlife communities that are
structurally and functionally changing;
(2) successful fish and wildlife management focuses on the
lakes as ecosystems, and effective management requires the
coordination and integration of efforts of many partners;
(3) it is in the national interest to undertake activities in
the Great Lakes Basin that support sustainable fish and wildlife
resources of common concern provided under the recommendations of
the Great Lakes Regional Collaboration authorized under Executive
Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes
Interagency Task Force);
(4) additional actions and better coordination are needed to
protect and effectively manage the fish and wildlife resources, and
the habitats upon which the resources depend, in the Great Lakes
Basin;
(5) as of the date of enactment of this Act, actions are not
funded that are considered essential to meet the goals and
objectives in managing the fish and wildlife resources, and the
habitats upon which the resources depend, in the Great Lakes Basin;
and
(6) the Great Lakes Fish and Wildlife Restoration Act (16
U.S.C. 941 et seq.) allows Federal agencies, States, and tribes to
work in an effective partnership by providing the funding for
restoration work.
SEC. 3. DEFINITIONS.
Section 1004 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941b) is amended--
(1) by striking paragraphs (1), (4), and (12);
(2) by redesignating paragraphs (2), (3), (5), (6), (7), (8),
(9), (10), (11), (13), and (14) as paragraphs (1), (2), (3), (4),
(5), (6), (7), (9), (10), (11), and (12), respectively;
(3) in paragraph (4) (as redesignated by paragraph (2)), by
inserting before the semicolon at the end the following: ``, and
that has Great Lakes fish and wildlife management authority in the
Great Lakes Basin''; and
(4) by inserting after paragraph (7) (as redesignated by
paragraph (2)) the following:
``(8) the term `regional project' means authorized activities
of the United States Fish and Wildlife Service related to fish and
wildlife resource protection, restoration, maintenance, and
enhancement impacting multiple States or Indian Tribes with fish
and wildlife management authority in the Great Lakes basin;''.
SEC. 4. 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
AND REGIONAL PROJECTS.
``(a) In General.--Subject to subsection (b)(2), the Director--
``(1) shall encourage the development and, subject to the
availability of appropriations, the implementation of fish and
wildlife restoration proposals and regional projects based on the
results of the Report; and
``(2) in cooperation with the State Directors and Indian
Tribes, shall identify, develop, and, subject to the availability
of appropriations, implement regional projects in the Great Lakes
Basin to be administered by Director in accordance with this
section.
``(b) Identification of Proposals and Regional Projects.--
``(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 in accordance with
subsection (a), submit proposals or regional projects for the
restoration of fish and wildlife resources.
``(2) Requirements for proposals and regional projects.--A
proposal or regional project under paragraph (1) shall be--
``(A) submitted in the manner and form prescribed by the
Director; and
``(B) consistent with--
``(i) the goals of the Great Lakes Water Quality
Agreement, as amended;
``(ii) the 1954 Great Lakes Fisheries Convention;
``(iii) the 1980 Joint Strategic Plan for Management of
Great Lakes Fisheries, as revised in 1997, and Fish
Community Objectives for each Great Lake and connecting
water as established under the Joint Strategic Plan;
``(iv) the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4701 et seq.);
``(v) the North American Waterfowl Management Plan and
joint ventures established under the plan; and
``(vi) the strategies outlined through the Great Lakes
Regional Collaboration authorized under Executive Order
13340 (69 Fed. Reg. 29043; relating to the Great Lakes
Interagency Task Force).
``(3) Sea lamprey authority.--The Great Lakes Fishery
Commission shall retain authority and responsibility to formulate
and implement a comprehensive program to eradicate or minimize 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 United
States Fish and Wildlife Service.
``(2) Membership and appointment.--
``(A) In general.--The Committee shall consist of 2
representatives of each of the State Directors and Indian
Tribes, of whom--
``(i) 1 representative shall be the individual
appointed by the State Director or Indian Tribe to the
Council of Lake Committees of the Great Lakes Fishery
Commission; and
``(ii) 1 representative shall have expertise in
wildlife management.
``(B) Appointments.--Each representative shall serve at the
pleasure of the appointing State Director or Tribal Chair.
``(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--
``(A) meet at least annually;
``(B) review proposals and regional projects developed in
accordance with subsection (b) to assess the effectiveness and
appropriateness of the proposals and regional projects in
fulfilling the purposes of this title; and
``(C) recommend to the Director any of those proposals and
regional projects that should be funded and implemented under
this section.
``(d) Implementation of Proposals and Regional Projects.--
``(1) In general.--After considering recommendations of the
Committee and the goals specified in section 1006, the Director
shall--
``(A) select proposals and regional projects to be
implemented; and
``(B) subject to the availability of appropriations and
subsection (e), fund implementation of the proposals and
regional projects.
``(2) Selection criteria.--In selecting and funding proposals
and regional projects, the Director shall take into account the
effectiveness and appropriateness of the proposals and regional
projects in fulfilling the purposes of other laws applicable to
restoration of the fish and wildlife resources and habitat of the
Great Lakes Basin.
``(e) Cost Sharing.--
``(1) In general.--Except as provided in paragraphs (2) and
(4), not less than 25 percent of the cost of implementing a
proposal selected under subsection (d) (excluding the cost of
establishing sea lamprey barriers) shall be paid in cash or in-kind
contributions by non-Federal sources.
``(2) Regional projects.--Regional projects selected under
subsection (d) shall be exempt from cost sharing if the Director
determines that the authorization for the project does not require
a non-Federal cost-share.
``(3) Exclusion of federal funds from non-federal share.--The
Director may not consider the expenditure, directly or indirectly,
of Federal funds received by any entity to be a contribution by a
non-Federal source for purposes of this subsection.
``(4) Effect on certain indian tribes.--Nothing in this
subsection affects an Indian tribe affected by an alternative
applicable cost sharing requirement under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).''.
SEC. 5. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE PROGRAMS
RELATED TO GREAT LAKES FISH AND WILDLIFE RESOURCES.
Section 1006 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941d) is amended by striking paragraph (1) and
inserting the following:
``(1) Restoring and maintaining self-sustaining fish and
wildlife resources.''.
SEC. 6. ESTABLISHMENT OF OFFICES.
Section 1007 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941e) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Great Lakes Coordination Office.--
``(1) In general.--The Director shall establish a centrally
located facility for the coordination of all United States Fish and
Wildlife Service activities in the Great Lakes Basin, to be known
as the `Great Lakes Coordination Office'.
``(2) Functional responsibilities.--The functional
responsibilities of the Great Lakes Coordination Office shall
include--
``(A) intra- and interagency coordination;
``(B) information distribution; and
``(C) public outreach.
``(3) Requirements.--The Great Lakes Coordination Office
shall--
``(A) ensure that information acquired under this Act is
made available to the public; and
``(B) report to the Director of Region 3, Great Lakes Big
Rivers.'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``The Director'' and
inserting the following:
``(1) In general.--The Director'';.
(B) in the second sentence, by striking ``The office'' and
inserting the following:
``(2) Name and location.--The office''; and
(C) by adding at the end the following:
``(3) Responsibilities.--The responsibilities of the Lower
Great Lakes Fishery Resources Office shall include operational
activities of the United States Fish and Wildlife Service related
to fishery resource protection, restoration, maintenance, and
enhancement in the Lower Great Lakes.''; and
(3) in subsection (c)--
(A) in the first sentence, by striking ``The Director'' and
inserting the following:
``(1) In general.--The Director'';.
(B) in the second sentence, by striking ``Each of the
offices'' and inserting the following:
``(2) Name and location.--Each of the offices''; and
(C) by adding at the end the following:
``(3) Responsibilities.--The responsibilities of the Upper
Great Lakes Fishery Resources Offices shall include operational
activities of the United States Fish and Wildlife Service related
to fishery resource protection, restoration, maintenance, and
enhancement in the Upper Great Lakes.''.
SEC. 7. REPORTS.
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.
``(a) In General.--Not later than December 31, 2011, 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.
``(b) Public Access to Data.--For each of fiscal years 2007 through
2012, the Director shall make available through a public access website
of the Department information that describes--
``(1) actions taken to solicit and review proposals under
section 1005;
``(2) the results of proposals implemented under section 1005;
``(3) progress toward the accomplishment of the goals specified
in section 1006;
``(4) the priorities proposed for funding in the annual budget
process under this title; and
``(5) actions taken in support of the recommendations of the
Great Lakes Regional Collaboration authorized under Executive Order
13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency
Task Force).
``(c) Report.--Not later than June 30, 2007, the Director shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Resources of the House of Representatives the 2002
report required under this section as in effect on the day before the
date of enactment of the Great Lakes Fish and Wildlife Restoration Act
of 2006.''.
SEC. 8. CONTINUED MONITORING AND ASSESSMENT OF STUDY FINDINGS AND
RECOMMENDATIONS.
The Director of the United States Fish and Wildlife Service--
(1) shall continue to monitor the status, and the assessment,
management, and restoration needs, of the fish and wildlife
resources of the Great Lakes Basin; and
(2) may reassess and update, as necessary, the findings and
recommendations of the 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.
SEC. 9. 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 for each
of fiscal years 2007 through 2012--
``(1) $14,000,000 to implement fish and wildlife restoration
proposals as selected by the Director under section 1005(e), of
which--
``(A) not more than the lesser of 33 1/3 percent or
$4,600,000 may be allocated to implement regional projects by
the United States Fish and Wildlife Service, as selected by the
Director under section 1005(e); and
``(B) the lesser of 5 percent or $700,000 shall be
allocated to the United States Fish and Wildlife Service to
cover costs incurred in administering the proposals by any
entity; and
``(2) $2,000,000, which shall be allocated for the
activities of the Great Lakes Coordination Office in East
Lansing, Michigan, of the Upper Great Lakes Fishery Resources
Office, and the Lower Great Lakes Fishery Resources Office
under section 1007.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.