[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1332 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1332

 To establish the Great Lakes Aquatic Connectivity and Infrastructure 
                    Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2017

 Ms. Stabenow (for herself, Mr. Peters, and Mr. Brown) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To establish the Great Lakes Aquatic Connectivity and Infrastructure 
                    Program, and for other purposes.

    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 Aquatic Connectivity and 
Infrastructure Program Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) modernizing aging infrastructure and the protection of 
        habitat and ecosystems that support fish populations are 
        critical to State, regional, and local economies in the Great 
        Lakes basin;
            (2) infrastructure--
                    (A) maintains essential services and safety for 
                communities in the Great Lakes basin; and
                    (B) in some cases, provides a long-term barrier to 
                the expansion of aquatic invasive species;
            (3) as of the date of enactment of this Act, there are more 
        than 7,000 recorded dams and an estimated 260,000 road stream 
        crossings of varying ages and conditions in the Great Lakes 
        basin;
            (4) fish and wildlife populations with reduced access to 
        habitat are generally less robust and more susceptible to 
        declines in abundance than populations with access to suitable 
        habitat;
            (5) efficiencies are increased when Federal, State, and 
        local experts and regulators work collaboratively to identify 
        and implement best practices that result in addressing 
        infrastructure needs while also, to the extent possible, 
        expanding habitats for fish and wildlife populations and 
        preventing the spread of aquatic invasive species; and
            (6) it is imperative to establish a program similar to the 
        program established by the Great Lakes Fish and Wildlife 
        Restoration Act of 1990 (16 U.S.C. 941 et seq.) that is 
        dedicated to collaboratively and strategically seeking 
        opportunities to modernize Great Lakes infrastructure while 
        conserving the aquatic ecosystem.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Committee.--The term ``Committee'' means the Great 
        Lakes Aquatic Connectivity and Infrastructure Committee 
        established by section 5(a).
            (2) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (3) Great lakes states.--The term ``Great Lakes States'' 
        means each of the States of Illinois, Indiana, Michigan, 
        Minnesota, Ohio, Pennsylvania, New York, and Wisconsin.
            (4) Program.--The term ``Program'' means the Great Lakes 
        Aquatic Connectivity and Infrastructure Program established by 
        section 4(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (6) Strategic plan.--The term ``strategic plan'' means the 
        strategic plan developed under section 4(d)(1).

SEC. 4. GREAT LAKES AQUATIC CONNECTIVITY AND INFRASTRUCTURE PROGRAM.

    (a) Establishment.--There is established within the United States 
Fish and Wildlife Service a program for the removal or selective bypass 
of barriers to aquatic connectivity in tributaries of the Great Lakes, 
to be known as the ``Great Lakes Aquatic Connectivity and 
Infrastructure Program''.
    (b) Goal.--
            (1) In general.--The goal of the Program is to identify and 
        implement voluntary measures that restore aquatic species to 
        self-sustaining levels by reconnecting aquatic habitats in the 
        Great Lakes basin while maintaining and modernizing needed 
        infrastructure, particularly in locations where roads, 
        tributaries, or dams intersect.
            (2) Approach.--The goal under paragraph (1) shall be 
        achieved by using a proactive science-based approach that--
                    (A) balances infrastructure modernization while 
                enhancing aquatic connectivity though the removal or 
                bypass of barriers to the movement of aquatic 
                organisms;
                    (B) minimizes the expansion of habitat for aquatic 
                invasive species;
                    (C) supports the development and implementation of 
                selective fish passage technologies;
                    (D) measures the effectiveness of projects under 
                the Program and informs strategic planning for the 
                Program; and
                    (E) avoids the construction of unintended barriers 
                by focusing on ecosystem resiliency through 
                collaboration and best practices.
    (c) Collaboration.--The Director and the Secretary shall 
collaborate with Federal, State, local, and tribal governments, the 
Great Lakes Fishery Commission, signatories to the Joint Strategic Plan 
for Management of Great Lakes Fisheries, and any other stakeholder the 
Director and the Secretary determine to be appropriate to support--
            (1) sound approaches to addressing infrastructure and 
        aquatic populations in the Great Lakes; and
            (2) ecosystem resiliency.
    (d) Strategic Plan.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, subject to the availability of 
        appropriations, the Director, in consultation with the 
        Committee shall finalize a strategic plan for the Program to 
        address aquatic connectivity in the Great Lakes basin.
            (2) Inclusions.--The strategic plan shall include an 
        analysis of Federal, State, and local efforts to enhance 
        aquatic connectivity in the Great Lakes basin.
            (3) Review.--Not less frequently than once every 5 years, 
        the Director, in consultation with the Committee, shall review 
        and revise the strategic plan as appropriate.
            (4) Availability.--The Director shall make the strategic 
        plan available on a publicly accessible Internet website.
    (e) Proposals.--
            (1) In general.--The Director shall encourage the 
        development and, subject to the availability of appropriations, 
        the implementation of aquatic connectivity proposals to achieve 
        the goal described in subsection (b).
            (2) Request for proposals.--Not later than 1 year after the 
        date of enactment of this Act and annually thereafter, the 
        Director shall request that any interested entity submit a 
        proposal to restore aquatic connectivity in the Great Lakes 
        basin in support of the strategic plan.
            (3) Submission.--A proposal referred to in paragraph (2) 
        shall be submitted to the Director--
                    (A) at such time, in such manner, and containing 
                such information as the Director may require; and
                    (B) consistent with other laws relating to the 
                restoration of the aquatic resources and habitat of the 
                Great Lakes basin.
            (4) Selection criteria.--In selecting and funding 
        proposals, the Director shall take into account the 
        effectiveness and appropriateness of the proposed activities 
        with respect to--
                    (A) the strategic plan;
                    (B) the restoration of aquatic resources and 
                habitat;
                    (C) transportation and infrastructure in the Great 
                Lakes basin; and
                    (D) minimizing the expansion of habitat for aquatic 
                invasive species.
            (5) Implementation.--After considering the recommendations 
        of the Committee and the goal described in subsection (b), the 
        Director shall--
                    (A) select proposals to be implemented; and
                    (B) subject to the availability of funds and 
                subsection (f), award funding to implement the selected 
                proposals.
    (f) Non-Federal Matching Funds Required.--
            (1) In general.--Not less than 25 percent of the cost of 
        implementing a proposal shall be derived from non-Federal 
        sources, including in-kind contributions.
            (2) Timing.--The non-Federal share of the cost of 
        implementing a proposal may be provided at any time during the 
        2-year period preceding January 1 of the year in which the 
        Director receives the proposal.
    (g) Report to Congress.--Not later than December 31, 2019, and 
annually thereafter, the Director shall submit to Congress a report 
that includes--
            (1) a summary of the outcomes of actions taken under the 
        Program, including recommendations of activities, where 
        appropriate, that would contribute to achievement of the goal 
        described in subsection (b);
            (2) a description of activities carried out under the 
        Program and an explanation of how those activities help achieve 
        the goal described in subsection (b); and
            (3) an analysis of Federal, State, and local efforts to 
        enhance multidisciplinary approaches to enhance aquatic 
        connectivity and infrastructure improvements in the Great Lakes 
        basin, and recommendations to improve the efficiency and 
        effectiveness of the Program.

SEC. 5. GREAT LAKES AQUATIC CONNECTIVITY AND INFRASTRUCTURE COMMITTEE.

    (a) Establishment.--There is established a committee, to be known 
as the ``Great Lakes Aquatic Connectivity and Infrastructure 
Committee'', which shall operate under the guidance of the United 
States Fish and Wildlife Service.
    (b) Membership.--
            (1) In general.--The Committee shall consist of--
                    (A) 2 representatives of each of the Great Lakes 
                States, of whom--
                            (i) 1 representative with expertise in road 
                        and dam infrastructure shall be appointed by, 
                        and serve at the pleasure of, as determined by 
                        the State--
                                    (I) the head of the transportation 
                                department of the State; or
                                    (II) the head of the dam safety 
                                department of the State; and
                            (ii) 1 representative with expertise in 
                        aquatic habitat connectivity, or a similar 
                        field, shall be appointed by, and serve at the 
                        pleasure of, the head of the environmental 
                        management agency of the State; and
                    (B) 2 representatives of each tribal organization 
                represented on the Council of Lake Committees of the 
                Great Lakes Fishery Commission, of whom--
                            (i) 1 representative with expertise in road 
                        and dam infrastructure shall be appointed by, 
                        and serve at the pleasure of, the tribal chair; 
                        and
                            (ii) 1 representative with expertise in 
                        aquatic habitat connectivity, or a similar 
                        field, shall be appointed by, and serve at the 
                        pleasure of, the tribal chair.
            (2) Observers.--There shall be 3 participants who shall 
        serve as nonvoting observers of the Committee, of whom--
                    (A) 1 shall be appointed by the Director;
                    (B) 1 shall be appointed by the Secretary; and
                    (C) 1 shall be appointed by the Great Lakes Fishery 
                Commission.
            (3) 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.
    (c) Duties.--The Committee shall--
            (1) review proposals submitted under section 4(e)(3) to 
        assess the effectiveness and appropriateness of the proposals 
        to achieve the goal described in section 4(b);
            (2) recommend to the Director any proposals reviewed under 
        paragraph (1) that the Committee determines should receive 
        funding and be implemented under the Program;
            (3) meet not less frequently than annually; and
            (4) establish the terms of reference of the Committee, as 
        appropriate.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out the Program 
$5,000,000 for each of fiscal years 2018 through 2022, of which, for 
each fiscal year--
            (1) not more than the lesser of 15 percent and $750,000 
        shall be available for proposals selected under section 4(e)(5) 
        that support the development of selective fish passage 
        technologies; and
            (2) the lesser of 5 percent and $250,000 shall be available 
        to the Director and the Secretary for costs incurred in 
        coordinating the Program and implementing the proposals 
        selected under section 4(e)(5).

SEC. 7. SAVINGS CLAUSE.

    Nothing in this Act conflicts with the authority of the Great Lakes 
Fishery Commission to eradicate or minimize a sea lamprey population 
under the Convention on Great Lakes Fisheries signed at Washington 
September 10, 1954 (6 U.S.T. 2836; TIAS 3326), between the United 
States of America and Canada.
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