[Congressional Record (Bound Edition), Volume 152 (2006), Part 10]
[Senate]
[Pages 14001-14003]
[From the U.S. Government Publishing Office, www.gpo.gov]




         GREAT LAKES FISH AND WILDLIFE RESTORATION ACT OF 2006

  The Senate proceeded to consider the 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, which had been reported from the Committee on 
Environment and Public Works, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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

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     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 special projects developed in 
     accordance with subsection (b) to assess the effectiveness 
     and appropriateness of the proposals and special projects in 
     fulfilling the purposes of this title; and
       ``(C) recommend to the Director any of those proposals and 
     special 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

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     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, 2006, 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) $18,000,000 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 
     $6,000,000 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 $600,000 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 Committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2430), as amended, was ordered engrossed for a third 
reading, read the third time, and passed.

                          ____________________