[Congressional Record Volume 162, Number 135 (Thursday, September 8, 2016)]
[Senate]
[Pages S5474-S5475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4985. Ms. KLOBUCHAR (for herself, Mr. Portman, Ms. Stabenow, and
Mr. Kirk) submitted an amendment intended to be proposed by her to the
bill S. 2848, to provide for the conservation and development of water
and related resources, to authorize the Secretary of the Army to
construct various projects for improvements to rivers and harbors of
the United States, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. ___. AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE
RESTORATION ACT OF 1990.
(a) References.--Except as otherwise expressly provided,
wherever in this section an amendment is expressed in terms
of an amendment to a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Great Lakes Fish and Wildlife
Restoration Act of 1990 (16 U.S.C. 941 et seq.).
(b) Findings.--The Act is amended by striking section 1002
and inserting the following:
``SEC. 1002. 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 Great Lakes Restoration Initiative Action Plan based on
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 on 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 on which the resources depend, in the Great
Lakes Basin; and
[[Page S5475]]
``(6) this Act allows Federal agencies, States, and Indian
tribes to work in an effective partnership by providing the
funding for restoration work.''.
(c) Identification, Review, and Implementation of Proposals
and Regional Projects.--
(1) Requirements for proposals and regional projects.--
Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is amended--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(vii) the strategic action plan of the Great Lakes
Restoration Initiative; and
``(viii) each applicable State wildlife action plan.''.
(2) Review of proposals.--Section 1005(c)(2)(C) (16 U.S.C.
941c(c)(2)(C)) is amended by striking ``Great Lakes
Coordinator of the''.
(3) Cost sharing.--Section 1005(e) (16 U.S.C. 941c(e)) is
amended--
(A) in paragraph (1)--
(i) by striking ``Except as provided in paragraphs (2) and
(4), not less than 25 percent of the cost of implementing a
proposal'' and inserting the following:
``(A) Non-federal share.--Except as provided in paragraphs
(3) and (5) and subject to paragraph (2), not less than 25
percent of the cost of implementing a proposal or regional
project''; and
(ii) by adding at the end the following:
``(B) Time period for providing match.--The non-Federal
share of the cost of implementing a proposal or regional
project required under subparagraph (A) may be provided at
any time during the 2-year period preceding January 1 of the
year in which the Director receives the application for the
proposal or regional project.'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(C) by inserting before paragraph (3) (as so redesignated)
the following:
``(2) Authorized sources of non-federal share.--
``(A) In general.--The Director may determine the non-
Federal share under paragraph (1) by taking into account--
``(i) the appraised value of land or a conservation
easement as described in subparagraph (B); or
``(ii) as described in subparagraph (C), the costs
associated with--
``(I) land acquisition or securing a conservation easement;
and
``(II) restoration or enhancement of that land or
conservation easement.
``(B) Appraisal of land or conservation easement.--
``(i) In general.--The value of land or a conservation
easement may be used to satisfy the non-Federal share of the
cost of implementing a proposal or regional project required
under paragraph (1)(A) if the Director determines that the
land or conservation easement--
``(I) meets the requirements of subsection (b)(2);
``(II) is acquired before the end of the grant period of
the proposal or regional project;
``(III) is held in perpetuity for the conservation purposes
of the programs of the United States Fish and Wildlife
Service related to the Great Lakes Basin, as described in
section 1006, by an accredited land trust or conservancy or a
Federal, State, or tribal agency;
``(IV) is connected either physically or through a
conservation planning process to the proposal or regional
project; and
``(V) is appraised in accordance with clause (ii).
``(ii) Appraisal.--With respect to the appraisal of land or
a conservation easement described in clause (i)--
``(I) the appraisal valuation date shall be not later than
1 year after the price of the land or conservation easement
was set under a contract; and
``(II) the appraisal shall--
``(aa) conform to the Uniform Standards of Professional
Appraisal Practice (USPAP); and
``(bb) be completed by a Federal- or State-certified
appraiser.
``(C) Costs of land acquisition or securing conservation
easement.--
``(i) In general.--All costs associated with land
acquisition or securing a conservation easement and
restoration or enhancement of that land or conservation
easement may be used to satisfy the non-Federal share of the
cost of implementing a proposal or regional project required
under paragraph (1)(A) if the activities and expenses
associated with the land acquisition or securing the
conservation easement and restoration or enhancement of that
land or conservation easement meet the requirements of
subparagraph (B)(i).
``(ii) Inclusion.--The costs referred to in clause (i) may
include cash, in-kind contributions, and indirect costs.
``(iii) Exclusion.--The costs referred to in clause (i) may
not be costs associated with mitigation or litigation (other
than costs associated with the Natural Resource Damage
Assessment program).''.
(d) Establishment of Offices.--Section 1007 (16 U.S.C.
941e) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking ``Fishery
Resources'' and inserting ``Fish and Wildlife Conservation'';
and
(B) by striking ``Fishery Resources'' each place it appears
and inserting ``Fish and Wildlife Conservation'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Fishery
Resources'' and inserting ``Fish and Wildlife Conservation'';
and
(B) by striking ``Fishery Resources'' each place it appears
and inserting ``Fish and Wildlife Conservation'';
(3) by striking subsection (a); and
(4) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(e) Reports.--Section 1008 (16 U.S.C. 941f) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``2011'' and inserting ``2021'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``2007 through 2012'' and inserting ``2016 through 2020'';
and
(B) in paragraph (5), by inserting ``the Great Lakes
Restoration Initiative Action Plan based on'' after ``in
support of''; and
(3) by striking subsection (c) and inserting the following:
``(c) Continued Monitoring and Assessment of Study Findings
and Recommendations.--The Director--
``(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.''.
(f) Authorization of Appropriations.--Section 1009 (16
U.S.C. 941g) is amended--
(1) in the matter preceding paragraph (1), by striking
``2007 through 2012'' and inserting ``2016 through 2021'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``$14,000,000'' and inserting ``$6,000,000'';
(B) in subparagraph (A), by striking ``$4,600,000'' and
inserting ``$2,000,000''; and
(C) in subparagraph (B), by striking ``$700,000'' and
inserting ``$300,000''; and
(3) in paragraph (2), by striking ``the activities of'' and
all that follows through ``section 1007'' and inserting ``the
activities of the Upper Great Lakes Fish and Wildlife
Conservation Offices and the Lower Great Lakes Fish and
Wildlife Conservation Office under section 1007''.
(g) Conforming Amendment.--Section 8 of the Great Lakes
Fish and Wildlife Restoration Act of 2006 (16 U.S.C. 941
note; Public Law 109-326) is repealed.
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