[Congressional Record Volume 152, Number 123 (Wednesday, September 27, 2006)]
[House]
[Pages H7659-H7661]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GREAT LAKES FISH AND WILDLIFE RESTORATION ACT OF 2006
Mr. GOHMERT. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 2430) 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, as
amended.
The Clerk read as follows:
S. 2430
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 Restoraton 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
[[Page H7660]]
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Gohmert) and the gentleman from Wisconsin (Mr. Kind) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
Mr. GOHMERT. Madam Speaker, I yield myself such time as I may
consume.
S. 2430 is an important piece of conservation legislation which would
extend the Great Lakes Fish and Wildlife Restoration Act of 1990.
S. 2430 continues the coordination between the numerous management
entities, Federal, local, regional, State and tribal, involved in the
Great Lakes region. In addition, the bill will continue the efforts to
improve and restore fish and wildlife resources and important habitat
areas.
S. 2430 is sponsored by Senator Mike DeWine, and I commend the
senator for his tireless leadership on behalf of the Great Lakes region
and, in particular, his Ohio constituents.
I urge an ``aye'' vote on this legislation.
Madam Speaker, I reserve the balance of my time.
Mr. KIND. Madam Speaker, I yield such time as he might consume to the
gentleman from Michigan (Mr. Kildee), one of the real champions and
leaders in the reauthorization of this Great Lakes Fish and Wildlife
Restoration Act, my good friend.
Mr. KILDEE. Madam Speaker, I thank the gentleman for yielding.
Madam Speaker, I strongly support S. 2430, the Great Lakes Fish and
Wildlife Restoration Act, companion legislation to the House bill
introduced by myself and Congressman Mark Kirk.
The changes made by the Senate in S. 2430 are very positive, and I
strongly urge my colleagues to support passage of the bill.
Madam Speaker, the Great Lakes are at a tipping point. These lakes,
which comprise 20 percent of the earth's fresh water and 95 percent of
North America's fresh water, are nothing less than in peril. It is
vital this Congress do everything we can to ensure their protection and
restoration.
There are thousands of different species of fish and wildlife and 130
globally endangered or rare plants and animal species that have been
identified within the Great Lakes ecosystem. S. 2430 will reauthorize
and improve research and conservation programs aimed at protecting and
restoring this fragile ecosystem.
Our bill is the product of a long and collaborative process, and this
bipartisan legislation is supported by a wide range of groups and
organizations working to protect and restore the Great Lakes ecosystem.
Our bill increases the authorization level for fish and wildlife
restoration projects and makes legislative changes that improve upon
the Act.
Madam Speaker, while I certainly support passage of S. 2430, I
believe this should only be the beginning of our efforts on behalf of
the Great Lakes. This Congress must fulfill its commitment by
increasing appropriations for Great Lakes' restoration and other
important activities.
If funding were increased for projects under the Great Lakes Fish and
Wildlife Restoration Act, our local communities and their partners
could really make a difference in reversing the downward spiral of the
Great Lakes.
With just a small amount of money through this program, we were able
to restore the walleye population in Saginaw Bay in my congressional
district. This project was a success story, and we could have many more
with increased dollars from this Congress and administration.
Madam Speaker, the Great Lakes are our national treasure, and we must
treat them as such. This bipartisan effort that has brought S. 2430 to
the floor today shows us that many Members of Congress care about what
happens to our Great Lakes.
I have enjoyed working with Representatives Mark Kirk, Sherrod Brown,
Vern Ehlers, Marcy Kaptur, David Hobson, Rahm Emanuel, Steve
LaTourette, and Ron Kind, just to name a few.
[[Page H7661]]
Let us pass S. 2430 so we can move forward in our efforts to protect
and restore the Great Lakes, and I thank the gentleman for yielding.
Mr. KIND. Madam Speaker, I yield myself such time as I may consume.
(Mr. KIND asked and was given permission to revise and extend his
remarks.)
Mr. KIND. Madam Speaker, I just want to take a moment to commend my
good friend from Michigan, again, for the leadership that he has shown
on this piece of legislation. We just recently had another hearing in
the Resources Committee, of which he was an active participant.
This has been a bipartisan effort with great collaboration from the
Federal, State and local level, and obviously for those of us in the
upper Midwest area, this does touch and affect us a little bit closer
than perhaps the rest of the Nation.
But the legislation does mirror the companion House bill that was
introduced earlier, H.R. 4953, which was sponsored by our friend Mr.
Kildee from Michigan, along with 31 other House Members that were
sponsors of the legislation, including myself, as well as the gentleman
from Ohio (Mr. Brown) and also the gentleman from Michigan (Mr.
Dingell) who has been also a champion on this issue.
S. 2430 would reauthorize and improve a valuable conservation program
administered by the U.S. Fish and Wildlife Service.
Mr. Kildee just mentioned some of the success stories that have been
garnered from this original bill, but as we know all too well in this
chamber that we could pass the best authorized bill in the world, but
if it is not supported by adequate funding, they cannot do anything
with it. Unfortunately, the history of this bill has been a lot of
support in both the public and private sector but not enough funding in
order to accomplish the goals and really achieve the success that I
know we can make in the upper Great Lakes area.
The five Great Lakes are the crown jewels of our Nation's natural
resources. They are the largest group of fresh water lakes in the
entire world. This has an incredible ecosystem impact but also economic
impact throughout the entire region.
That is why we feel it is important to move forward on
reauthorization, hopefully to get the support for funding the
reauthorized bill in future years as we try to implement its
provisions. I certainly encourage its passage tonight.
Madam Speaker, I yield back the remainder of our time.
Mr. GOHMERT. Madam Speaker, I yield myself such time as I may
consume.
We do thank not only Senator DeWine for his work on this but also Mr.
Kildee from Michigan and also not only was our friend from Wisconsin a
tremendous asset in being quarterback of the congressional team last
week, but his quarterbacking this legislation through. I urge my
colleagues to vote ``aye'' on this bill.
Madam Speaker, I yield back my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Gohmert) that the House suspend the rules and
pass the Senate bill, S. 2430, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
A motion to reconsider was laid on the table.
____________________