[House Report 105-715]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-715
_______________________________________________________________________
GREAT LAKES FISH AND WILDLIFE RESTORATION ACT OF 1998
_______________________________________________________________________
September 15, 1998.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 1481]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1841) 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 Restoration Study Report,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out 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 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes Fishery Resources Restoration Study, for
which a report was submitted to Congress in 1995, was a
comprehensive study of the status, and the assessment,
management, and restoration needs, of the fishery resources of
the Great Lakes Basin, and was conducted through the joint
effort of the United States Fish and Wildlife Service, State
fish and wildlife resource management agencies, Indian tribes,
and the Great Lakes Fishery Commission; and
(2) the study--
(A) found that, although State, Provincial, Native
American Tribal, and Federal agencies have made
significant progress toward the goal of restoring a
healthy fish community to the Great Lakes Basin,
additional actions and better coordination are needed
to protect and effectively manage the fisheries and
related resources in the Great Lakes Basin; and
(B) recommended actions that are not currently funded
but are considered essential to meet goals and
objectives in managing the resources of the Great Lakes
Basin.
SEC. 3. REFERENCE; REPEAL.
(a) Reference.--Each reference in this Act (other than in subsection
(b)) to the Great Lakes Fish and Wildlife Restoration Act of 1990 is a
reference to the Act enacted by title I of Public Law 101-537 (104
Stat. 2370).
(b) Repeal of Duplicative Enactment.--The Great Lakes Fish and
Wildlife Restoration Act of 1990, enacted as title II of Public Law
101-646 (104 Stat. 4773), is repealed.
SEC. 4. PURPOSES.
Section 1003 of the Great Lakes Fish and Wildlife Restoration Act of
1990 (16 U.S.C. 941a) is amended--
(1) in the matter preceding paragraph (1), by striking ``this
Act'' and inserting ``this title'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) and (3) as paragraphs (1)
and (2), respectively;
(4) by striking paragraph (1) (as so redesignated) and
inserting the following:
``(1) to develop and implement proposals for the restoration
of fish and wildlife resources in the Great Lakes Basin; and'';
and
(5) in paragraph (2) (as redesignated by paragraph (3)), by
striking ``habitat of'' and inserting ``habitat in''.
SEC. 5. DEFINITIONS.
Section 1004 of the Great Lakes Fish and Wildlife Restoration Act of
1990 (16 U.S.C. 941b) is amended--
(1) in the matter preceding paragraph (1), by striking ``this
Act'' and inserting ``this title'';
(2) by redesignating paragraphs (2), (3), (4), (5), (6), (7),
(8), (9), and (10) as paragraphs (3), (4), (5), (6), (7), (14),
(9), (12), and (13), respectively;
(3) by moving paragraph (14) (as redesignated by paragraph
(2)) to the end of the section;
(4) in paragraph (9) (as redesignated by paragraph (2)), by
striking ``plant or animal'' and inserting ``plant, animal, or
other organism'';
(5) by inserting after paragraph (1) the following:
``(2) the term `Committee' means the Great Lakes Fish and
Wildlife Restoration Proposal Review Committee established by
section 1005(c);'';
(6) by inserting after paragraph (7) (as redesignated by
paragraph (2)) the following:
``(8) the term `non-Federal source' includes a State
government, local government, Indian Tribe, other non-Federal
governmental entity, private entity, and individual;'';
(7) by inserting after paragraph (9) (as redesignated by
paragraph (2)) the following:
``(10) the term `Report' means the United States Fish and
Wildlife Service 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;
``(11) the term `restoration' means to rehabilitate and
maintain the structure, function, diversity, and dynamics of a
biological system, including reestablishment of self-sustaining
populations of fish and wildlife;'';
(8) in paragraph (12) (as redesignated by paragraph (2)), by
striking ``and'' at the end; and
(9) in paragraph (13) (as redesignated by paragraph (2)), by
striking the period at the end and inserting ``; and''.
SEC. 6. 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.
``(a) In General.--The Secretary of the Interior, in consultation
with the Committee, shall encourage the development and, subject to the
availability of appropriations, the implementation of proposals based
on the results of the Report.
``(b) Identification of Proposals.--
``(1) Request by the secretary of the interior.--The
Secretary of the Interior shall annually request that State
Directors and Indian Tribes, in cooperation or partnership with
other interested entities and based on the results of the
Report, submit proposals for the restoration of fish and
wildlife resources.
``(2) Requirements for proposals.--A proposal under paragraph
(1) shall be submitted in the manner and form prescribed by the
Secretary of the Interior and shall be consistent with the
goals of the Great Lakes Water Quality Agreement, as revised in
1987, the 1954 Great Lakes Fisheries Convention, fishery
management jurisdictions, the 1980 Joint Strategic Plan for the
Management of Great Lakes fishery resources, the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4701 et seq.), and the North American Waterfowl Management Plan
and joint ventures established under the plan.
``(3) Sea lamprey authority.--The Great Lakes Fishery
Commission shall retain authority and responsibility for
formulation and implementation of a comprehensive program for
eradicating or minimizing 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 authority and control
of the Council of Lake Committees of the Great Lakes Fishery
Commission.
``(2) Membership and appointment.--
``(A) In general.--The Committee shall consist of
representatives of all State Directors and Indian
Tribes with Great Lakes fish and wildlife management
authority in the Great Lakes Basin.
``(B) Appointments.--State Directors and Tribal
Chairs shall appoint their representatives, who shall
serve at the pleasure of the appointing authority.
``(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 at least annually--
``(A) review proposals developed in accordance with
subsection (b) to assess their effectiveness and
appropriateness in fulfilling the purposes of this
title; and
``(B) make recommendations to the Council of Lake
Committees of the Great Lakes Fishery Commission
regarding priorities that should be recommended by that
commission under paragraph (4).
``(4) Recommendation of priorities.--The Council of Lake
Committees of the Great Lakes Fishery Commission, after
reviewing recommendations from the Committee under paragraph
(2)(B), shall recommend to the Secretary of the Interior
priorities for implementing the proposals.
``(d) Implementation of Proposals.--After considering recommendations
of the Council of Lake Committees of the Great Lakes Fishery Commission
and the goals specified in section 1006, the Secretary of the Interior
shall select proposals to be implemented and, subject to the
availability of appropriations and subsection (e), fund implementation
of the proposals. In selecting and funding proposals, the Secretary of
the Interior shall take into account the effectiveness and
appropriateness of the proposals in fulfilling the purposes of other
laws applicable to restoration of the fishery resources and habitat of
the Great Lakes Basin
``(e) Cost-Sharing.--
``(1) In general.--Not less than 25 percent of the cost of
implementing a proposal selected under subsection (d) (not
including the cost of establishing sea lamprey barriers) shall
be paid in cash or in-kind contributions by non-Federal
sources.
``(2) Exclusion of federal funds from non-federal share.--The
Secretary of the Interior may not consider the expenditure,
directly or indirectly, of Federal funds received by a State or
local government to be a contribution by a non-Federal source
for purposes of this subsection.''.
SEC. 7. REPORTS TO CONGRESS.
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 TO CONGRESS.
``On December 31, 2002, the Secretary of the Interior 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.''.
SEC. 8. 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 Secretary of the
Interior--
``(1) for the activities of the Great Lakes Coordination
Office in East Lansing, Michigan, the Upper Great Lakes Fishery
Resources Office, and the Lower Great Lakes Fishery Resources
Office under section 1007, $3,500,000 for each of fiscal years
1999 through 2003; and
``(2) for implementation of fish and wildlife restoration
proposals selected by the Secretary of the Interior under
section 1005(d), $4,500,000 for each of fiscal years 1999
through 2003, of which none shall be available for costs
incurred in administering the proposals.''.
SEC. 9. ESTABLISHMENT OF MICHIGAN COOPERATIVE BIOLOGICAL RESOURCES
DIVISION RESEARCH UNIT.
(a) In General.--The Secretary of the Interior shall enter into a
cooperative agreement under Public Law 95-616 that establishes a
cooperative research unit at the Michigan State University Department
of Fisheries and Wildlife. The Secretary shall invite Michigan State
University, the State of Michigan Department of Natural Resources, and
governmental agencies and other persons the Secretary considers
appropriate to prepare and enter into a cooperative agreement under
this section.
(b) Content of Agreement.--A cooperative agreement under this section
shall--
(1) be designed to provide for enhanced training, technical
assistance, and research on fisheries, wildlife, and natural
resources in the Great Lakes region, by establishing a
cooperative research unit that facilitates these activities and
serves as a liaison between the Federal Government, the State
of Michigan, and State academic institutions including Michigan
State University and the University of Michigan;
(2) be administered under the Cooperative Research Units
program of the United States Geological Survey in accordance
with appropriate guidelines and policies that apply to the
operation of the program, including with respect to contracting
procedures, supervision, and cost share arrangements defining
the contributions of each signatory to the agreement; and
(3) require that Federal funds be used, at a minimum, to
support the oversight activities of the responsible Federal
official designated under subsection (c).
(c) Designation of Responsible Federal Official.--The Secretary of
the Interior shall designate an individual employed in the Great Lakes
Science Center of the United States Geological Survey to be responsible
for overseeing activities of a cooperative research unit established
under this section.
SEC. 10. ESTABLISHMENT OF A NEW JERSEY COOPERATIVE BIOLOGICAL RESOURCES
DIVISION RESEARCH UNIT.
(a) In General.--The Secretary of the Interior shall seek to enter
into a cooperative agreement under Public Law 95-616 that establishes a
cooperative research unit at Rutgers University Institute of Marine and
Coastal Sciences. The Secretary shall invite Rutgers University and the
State of New Jersey Department of Environmental Protection to prepare
and enter into a cooperative agreement under this section.
(b) Content of Agreement.--A cooperative agreement under this section
shall--
(1) be designed to provide for enhanced training, technical
assistance, and research focused on fisheries, wildlife, and
natural resources in the Mid-Atlantic region by establishing a
cooperative research unit that facilitates these activities;
and
(2) be administered under the Cooperative Research Units
program of the United States Geological Survey in accordance
with appropriate guidelines and policies that apply to the
operation of the program, including staffing, contracting
procedures, supervision, and cost share arrangements defining
the contributions of each signatory on the agreement.
Purpose of the Bill
The purpose of H.R. 1481 is 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
Restoration Study Report.
Background and Need for Legislation
The Great Lakes provide a vast source of natural resources
for the people of the United States and Canada. The Great
Lakes--Michigan, Superior, Huron, Erie, and Ontario--are the
largest system of surface freshwater on earth, containing
roughly 18 percent of the world's supply. Only the polar ice
caps contain more freshwater. The Great Lakes consist of 10,900
miles of shoreline, 95,000 square miles of surface area (larger
than the States of New York, New Jersey, Connecticut, Rhode
Island, Massachusetts, Vermont, and New Hampshire combined),
and a natural drainage basin of 295,000 square miles.
In the last decade, the human population within the Great
Lakes Basin has expanded to 35 million people. In spite of
their immense size, the Great Lakes have been impacted heavily
due to the population growth. Great demands have been placed on
the Great Lakes for agricultural, municipal, and industrial
water supplies, maintenance of fish and wildlife habitats,
mining, navigation, power production, recreation, waste
disposal, and other purposes. These growing, and often
conflicting demands exert tremendous pressure on the fish and
wildlife resources of the Great Lakes Basin. Combined with
contaminants, invasion by non-indigenous species, habitat
destruction, legal and illegal fishery resource harvest levels,
and sea lamprey predation, fish and wildlife communities found
in the Great Lakes Basin have been significantly affected.
In response to the complexity and growing nature of the
problems facing the Great Lakes, Congress passed the Great
Lakes Fish and Wildlife Restoration Act of 1990 (Public Law
101-537, 16 U.S.C. 941 et seq.). However, restoration of the
Great Lakes is a complex process, which requires the
cooperation of all governments and public interest groups. The
Great Lakes are managed at many levels including: two Federal
governments, eight States, eight Native American Tribes, and
two Provinces, as well as municipalities, county boards, and
regional and international bodies, such as the International
Joint Commission, the Great Lakes Fishery Commission, and the
Great Lakes Commission. Many of the current problems and
hurdles preventing ecosystem restoration are the result of
uncoordinated management efforts.
The Great Lakes Fishery Resources Study Report, which was
completed in September 1995 by the U.S. Fish and Wildlife
Service, highlights the tremendous resource management
challenges facing the Great Lakes Basin, including fisheries
management, habitat protection, chemical contamination,
overexploitation of the fish and wildlife resources, and
introduction of nonindigenous species. No single government
entity possesses the capacity or legal authority to completely
address all these resource management challenges.
H.R. 1481 authorizes the U.S. Fish and Wildlife Service to
coordinate and fund fish and wildlife restoration projects in
the Great Lakes Basin. The Great Lakes Fish and Wildlife
Restoration Act of 1990 needs to be reauthorized and the work
of revitalizing the Great Lakes Basin must begin.
Committee Action
H.R. 1481 was introduced on April 29, 1997, by Congressman
Steven LaTourette (R-OH). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Fisheries Conservation, Wildlife, and Oceans.
On June 18, 1998, the Subcommittee held a hearing on H.R. 1481,
where all witnesses, including the Administration, testified in
support and recommended several technical changes to the bill.
On July 16, 1998, the Subcommittee met to mark up H.R. 1481.
Congressman Wayne T. Gilchrest (R-MD) offered an amendment in
the nature of a substitute, which slightly increased
authorization levels and included language to authorize a
Michigan cooperative research unit. Congressman Jim Saxton (R-
NJ) offered an amendment to the Gilchrest amendment which
authorized a New Jersey cooperative research unit. The Saxton
amendment was adopted by voice vote, and the Gilchrest
amendment, as amended, adopted by voice vote. The bill, as
amended, was then ordered favorably reported to the Full
Committee. On August 5, 1998, the Full Resources Committee met
to consider H.R. 1481. An amendment in the nature of a
substitute which made certain technical changes, tracked
language in a corresponding Senate companion bill, and slightly
increased authorization levels was offered by Congressman
Saxton, and adopted by voice vote. The bill as amended was then
ordered favorably reported to the House of Representatives by
voice vote.
Section-by-Section Analysis
Section 1. Short Title
This section provides a short title for the bill, the
``Great Lakes Fish and Wildlife Restoration Act of 1998.''
Section 2. Findings
This section sets forth the findings of Congress with
respect to the Great Lakes Fishery Resources Restoration Study.
The Study found that despite the progress that has been made,
additional actions and better coordination are needed to
protect and manage fisheries and related resources in the Great
Lakes Basin. The Study also recommended actions that are not
currently being funded but are essential to meet goals and
objectives in managing the resources of the Great Lakes Basin.
Section 3. Reference; Repeal
Congress passed two identical versions of the Great Lakes
Fish and Wildlife Restoration Act of 1990 in Public Laws 101-
573 and 101-646. This section repeals title II of Public Law
101-646, and clarifies that any reference to the Great Lakes
Fish and Wildlife Restoration Act of 1990 is a reference to the
Act enacted by title I of Public Law 101-573.
Section 4. Purposes
This section amends and updates the purposes of the 1990
Great Lakes Fish and Wildlife Restoration Act to include
development and implementation of proposals for the restoration
of fish and wildlife resources in the Great Lakes Basin.
Section 5. Definitions
This section amends section 1004 of the 1990 Great Lakes
Fish and Wildlife Restoration Act to provide definitions for
``Committee'', ``non-Federal source'', ``Report'', and
``restoration''. In addition, the definition of ``nonindigenous
species'' is amended to include ``other organism''.
Section 6. Identification, Review, and Implementation of Proposals
This section replaces section 1005 of the 1990 Act, which
provided for the Study, with provisions for developing and
implementing restoration proposals. Specifically, the Director
of the U.S. Fish and Wildlife Service is required to request,
on an annual basis, proposals for the restoration of fish and
wildlife resources from States and Indian Tribes, in
cooperation or partnership with other interested entities.
Proposals must be based on the results of the Report, and must
further be consistent with the goals of the Great Lakes Water
Quality Agreement, as revised in 1987, the 1954 Great Lakes
Fisheries Convention, fishery management jurisdictions, the
1980 Joint Strategic Plan for the management of Great Lakes
fishery resources, the Nonindigenous Aquatic Nuisance
Prevention and Control Act, and the North American Waterfowl
Management Plan and joint ventures established under the plan.
The Great Lakes Fish and Wildlife Restoration Proposal
Review Committee is established to review the proposals, and
make recommendations to the Council of Lake Committees of the
Great Lakes Fishery Commission. The Committee shall meet at
least once a year and will operate under the authority and
control of the Council. The Committee shall include
representatives from all States and Indian Tribes with Great
Lakes fish and wildlife management authority in the Great Lakes
Basin. Nothing in this bill should be construed to enlarge or
diminish the authority of any Indian Tribe with respect to the
management of fish and wildlife in the Great Lakes Basin. The
Great Lakes Coordinator of the Service will serve on the
Committee as an observer. Committee members must recuse
themselves from consideration of proposals that the member, or
the entity that the member represents, has submitted. This is
intended to avoid any conflicts of interest in the Committee
members' review and recommendation of individual proposals.
In reviewing proposals, the Committee and the Council shall
assess their effectiveness and appropriateness in fulfilling
the purposes of the 1990 Act. In receiving proposals, the
Director of the Service shall prioritize the recommendations,
taking into account the effectiveness and appropriateness of
proposals in fulfilling the purposes of the laws applicable to
restoration of the fishery resources and habitat of the Great
Lakes Basin. As emphasized in the Report, coordination on an
ecosystem-wide basis is essential for restoration of the Great
Lakes Basin resources. Proposals that reflect this coordination
and fulfill purposes of multiple laws to restore the Great
Lakes Basin should be encouraged. After considering the
recommendations of the Council, the Director of the Service
shall select and fund proposals, subject to available
appropriations. Not less than 25 percent of the cost of any
proposal must be funded by non-federal sources, either in cash
or through in-kind contributions.
Control of sea lamprey populations in the Great Lakes Basin
shall remain under the authority of the Great Lakes Fishery
Commission, and are not subject to the cost-sharing provision.
Section 7. Reports to Congress
This section requires the Secretary of the Interior to
submit a report to the Senate Committee on Environment and
Public Works and the House Committee on Resources describing
actions taken to solicit, review and implement proposals under
section 1005 of the 1990 Act, and the progress made toward the
accomplishment of the goals specified in section 1006 of the
1990 Act.
Section 8. Authorization of Appropriations
This section authorizes up to $3.5 million in
appropriations for each of fiscal years 1998-2003 for the
operation of the Great Lakes Coordination Office in East
Lansing, Michigan, the Upper Great Lakes Fishery Resources
Offices and the Lower Great Lakes Fishery Resources Office. The
legislation also authorizes $4.5 million for each of fiscal
years 1999-2003 for implementation of fish and wildlife
restoration proposals selected by the Director of the Service;
none of these funds are available for costs incurred in
administering the proposals.
Section 9. Establishment of Michigan Cooperative Biological Resources
Division Research Unit
This section authorizes the Secretary of the Interior to
negotiate and enter into a cooperative agreement with the State
of Michigan to establish a U.S. Geological Survey, Cooperative
Biological Resources Division Research Unit at Michigan State
University. It is the Committee's expectation that the
University of Michigan and Michigan State University will be
full partners in the Unit, with Michigan State University
serving as the signatory to the agreement establishing the
Unit.
This section establishes a new framework for the
Cooperative Biological Resources Division Research Units for
the State of Michigan where the program is not required to hire
any new full-time employees. An employee of the Great Lakes
Science Center will provide local federal oversight of the Unit
and administrative support. However, overall direction and
review of Unit performance will still be the responsibility of
the Cooperative Research Units program of the U.S. Geological
Survey.
This new Unit model shall not preclude the Michigan Unit
from acquiring federal funds for hiring new full-time employees
should the Cooperative Units program be fully funded in the
future.
Section 10. Establishment of a New Jersey Cooperative Biological
Resources Division Research Unit
This section authorizes the Secretary of the Interior to
negotiate and enter into a cooperative agreement with the State
of New Jersey to establish a U.S. Geological Survey Cooperative
Biological Resources Division Research Unit at Rutgers
University Institute of Marine and Coastal Sciences. The Unit
shall be administered under the Cooperative Research Units
program of the United States Geological Survey in accordance
with appropriate guidelines and policies that apply to the
operation of the program, including staffing, contracting
procedures, supervision, and cost share arrangements defining
the contributions of each signatory to the agreement.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
Federal Advisory Committee Statement
The functions of the proposed advisory committee authorized
in H.R. 1481 are not currently being nor could they be
performed by one or more agencies, an advisory committee
already in existence or by enlarging the mandate of an existing
advisory committee.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact H.R. 1481.
Cost of the Legislation
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 1481. However, clause 7(d) of that Rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
Compliance With House Rule XI
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
1481 does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 1481.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
1481 from the Director of the Congressional Budget Office.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 20, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1481, the Great
Lakes Fish and Wildlife Restoration Act of 1998.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Victoria V.
Heid (for federal costs), and Majorie Miller (for the state,
local, and tribal impact).
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
H.R. 1481--Great Lakes Fish and Wildlife Restoration Act of 1998
Summary: H.R. 1481 authorize the appropriation of $8
million for each of the fiscal years 1999 through 2003 to the
Department of the Interior (DOI) for fish and wildlife
restoration activities in the Great Lakes Basin. The bill also
would direct the Secretary of the Interior to enter into
cooperative agreements that establish research units at two
universities. The cooperative agreements required by the bill
would be administered by the U.S. Geological Survey (USGS).
Based on information from USGS, CBO estimates that establishing
these research units would cost almost $1 million each year,
subject to appropriation of the necessary amounts.
CBO estimates that implementing H.R. 1481 would result in
outlays of about $8 million in fiscal year 1999 and of $44
million over the 1999-2003 period, assuming appropriations
action. Because H.R. 1481 would not affect direct spending or
receipts, pay-as-you-go procedures would not apply.
H.R. 1481 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
State and tribal governments might incur some costs as a result
of the bill's enactment, but these costs would be voluntary.
Description of the bill's major provisions: H.R. 1481 would
authorize the appropriation of $3.5 million for each of the
fiscal years 1999 through 2003 for the activities of the three
offices that coordinate all U.S. Fish and Wildlife activities
in the Great Lakes Basin: the Great Lakes Coordination Office,
the Upper Great Lakes Fishery Resources Office, and the Lower
Great Lakes Fishery Resources Office. These offices also
provide administrative and technical support to carry out these
activities. The previous authorization of appropriations for
these offices expired in fiscal year 1995.
H.R. 1481 also would authorize the appropriation of $4.5
million for each of the fiscal years 1999 through 2003 for the
federal costs associated with implementing fish and wildlife
restoration projects approved by the Secretary of the Interior.
The bill would establish a Great Lakes Fish and Wildlife
Restoration Proposal Review Commission, composed of
representatives of states and Indian tribes to evaluate
proposed projects. Under H.R. 1481, at least 25 percent of the
total cost of implementing a proposal would have to be paid by
nonfederal sources in cash or through in-kind contributions.
The bill also would direct the Secretary of the Interior to
prepare a report on the review, implementation, and results of
fish and wildlife restoration proposals in the Great Lakes
Basin by December 31, 2002.
The bill also would direct the Secretary of the Interior to
enter into cooperative agreements to establish cooperative
research units at Michigan State University and Rutgers
University to provide for training, technical assistance, and
research on fisheries, wildlife, and natural resources in the
Great Lakes and Mid-Atlantic regions, respectively.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1481 is shown in the following table.
For the purposes of this estimate, CBO assumes that the
authorized and estimated amounts will be appropriated near the
start of each fiscal year and that outlays will follow
historical patterns for similar activities. We also assume that
nonfederal sources will provide matching contributions for
restoration proposals on a timely basis. The costs of this
legislation fall within budget function 300 (natural resources
and the environment).
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1998 1999 2000 2001 2002 2003
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget authority \1\.................................. 2 0 0 0 0 0
Estimated outlays..................................... 1 (\2\) (\2\) (\2\) 0 0
Proposed changes:
Estimated authorization level......................... 0 9 9 9 9 9
Estimated outlays..................................... 0 8 9 9 9 9
Spending under H.R. 1481:
Estimated authorization level \1\..................... 2 9 9 9 9 9
Estimated outlays..................................... 1 8 9 9 9 9
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year.
\2\ Less than $500,000.
Pay-as-you-go considerations: None.
Estimated impact on State, local, and tribal governments:
H.R. 1481 contains no intergovernmental mandates as defined in
UMRA. State or tribal governments that seek and receive federal
funds for fish and wildlife restoration projects, as authorized
by this bill, would be required to pay at least 25 percent of
the projects' costs. In addition, state and tribal governments
would incur some minor costs should they choose to participate
in the Great Lakes Fish and Wildlife Restoration Proposal
Review Committee and the cooperative research units authorized
by this bill. These costs would be incurred voluntarily.
Estimated impact on the private sector: H.R. 1481 contains
no private-sector mandates as defined in UMRA.
Previous CBO estimate: On July 24, 1998, CBO prepared a
cost estimate for S. 659, the Great Lakes Fish and Wildlife
Restoration Act of 1998, as ordered reported by the Senate
Committee on Environment and Public Works on July 22, 1998.
H.R. 1481 is similar to S. 659 but includes an additional
requirement that DOI establish cooperative research units at
two universities. The estimates differ by $1 million a year for
the costs of those research units.
Estimate prepared by: Federal Costs: Victoria V. Heid;
Impact on State, Local, and Tribal Governments: Marjorie
Miller.
Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
H.R. 1481 contains no unfunded mandates.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
ACT OF NOVEMBER 29, 1990
AN ACT To prevent and control infestations of the coastal inland waters
of the United States by the zebra mussel and other nonindigenous
aquatic nuisance species, to reauthorize the National Sea Grant College
Program, and for other purposes
* * * * * * *
[TITLE II--GREAT LAKES FISH AND WILDLIFE RESTORATION
[SECTION 2001. SHORT TITLE.
[This title may be cited as the ``Great Lakes Fish and
Wildlife Restoration Act of 1990''.
[SEC. 2002. FINDINGS.
[The Congress finds and declares the following:
[(1) As the human population of the Great Lakes Basin
has expanded to over 35,000,000 people, great demands
have been placed on the lakes for use for boating and
other recreation, navigation, municipal and industrial
water supply, waste disposal, power production, and
other purposes. These growing and often conflicting
demands exert pressure on the fish and wildlife
resources of the Great Lakes Basin, including in the
form of contaminants, invasion by nonindigenous
species, habitat degradation and destruction, legal and
illegal fishery resource harvest levels, and sea
lamprey predation.
[(2) The fishery resources of the Great Lakes support
recreational fisheries enjoyed by more than 5,000,000
people annually and commercial fisheries providing
approximately 9,000 jobs. Together, these fisheries
generate economic activity worth more than
$4,400,000,000 annually to the United States.
[(3) The availability of a suitable forage base is
essential to lake trout, walleye, yellow perch, and
other recreational and commercially valuable fishery
resources of the Great Lakes Basin. Protecting and
restoring productive fish habitat, including by
protecting water quality, is essential to the
successful recovery of Great Lakes Basin fishery
resources.
[(4) The Great Lakes Basin contains important
breeding and migration habitat for all types of
migratory birds. Many migratory bird species dependent
on deteriorating Great Lakes Basin habitat have
suffered serious population declines in recent years.
[(5) Over 80 percent of the original wetlands in the
Great Lakes Basin have been destroyed and such losses
continue at a rate of 20,000 acres annually.
[(6) Contaminant burdens in the fish and wildlife
resources of the Great Lakes Basin are substantial and
the impacts of those contaminants on the life functions
of important fish and wildlife resources are poorly
understood. Concern over the effects of those
contaminants on human health have resulted in numerous
public health advisories recommending restricted or no
consumption of Great Lakes fish.
[(7) The lower Great Lakes are uniquely different
from the upper Great Lakes biologically, physically,
and in the degree of human use and shoreline
development, and special fishery resource assessments
and management activities are necessary to respond
effectively to these special circumstances.
[SEC. 2003. PURPOSE.
[The purposes of this Act are--
[(1) to carry out a comprehensive study of the
status, and the assessment, management, and restoration
needs, of the fishery resources of the Great Lakes
Basin;
[(2) to develop proposals to implement
recommendations resulting from that study; and
[(3) to provide assistance to the Great Lakes
Fisheries Commission, States, Indian Tribes, and other
interested entities to encourage cooperative
conservation, restoration and management of the fish
and wildlife resources and their habitat of the Great
Lakes Basin.
[SEC. 2004. DEFINITIONS.
[In this Act--
[(1) the term ``Administrator'' means the
Administrator of the Environmental Protection Agency;
[(2) the term ``Director'' means the Director of the
United States Fish and Wildlife Service;
[(3) the term ``fish stock'' means--
[(A) a taxonomically distinct species or
subspecies of fish; or
[(B) any other aggregation of fish that are
geographically, ecologically, behaviorally, or
otherwise limited from breeding with
individuals from other groups of fish and are
capable of management as a unit;
[(4) the term ``Great Lakes Basin'' means the air,
land, water, and living organisms within the drainage
basin of the Saint Lawrence River at or upstream from
the point at which the river becomes the international
boundary between Canada and the United States;
[(5) the term ``Indian Tribe'' means any Indian
tribe, band, village, nation, or other organized group
or community that is recognized by the Bureau of Indian
Affairs as eligible for the special programs and
services provided by the United States to Indians
because of their status as Indians;
[(6) the term ``lower Great Lakes'' means the region
in which is located that portion of the Great Lakes
Basin whichis downstream from the confluence of the
Saint Clair River and Lake Huron near Port Huron, Michigan;
[(7) the term ``upper Great Lakes'' means that
portion of the Great Lakes Basin which is upstream from
the confluence of the Saint Clair River and Lake Huron
near Port Huron, Michigan
[(8) the term ``nonindigenous species'' means a
species of plant or animal that did not occur in the
Great Lake Basin before European colonization of North
America;
[(9) the term ``Secretary'' means the Secretary of
the Army; and
[(10) the term ``State Director'' means the head of
the agency, department, board, commission, or other
governmental entity of each of the States of New York,
Ohio, Indiana, Illinois, Michigan, Wisconsin,
Minnesota, and the Commonwealth of Pennsylvania which
is responsible for the management and conservation of
the fish and wildlife resources of that State.
[SEC. 2005. GREAT LAKES FISHERY RESOURCES RESTORATION STUDY.
[(a) In General.--The Director shall conduct a comprehensive
study of the status of, and the assessment, management, and
restoration needs of, the fishery resources of the Great Lakes
Basin and shall provide the opportunity for the Secretary, the
Administrator, State Directors, Indian Tribes, the Great Lakes
Fishery Commission, appropriate Canadian Government entities,
and other appropriate entities to participate in the study. The
Director shall complete the study by October 1, 1994.
[(b) Memorandum of Understanding.--To provide opportunities
for the full participation of all affected entities in the
planning and conduct of the study, the Director shall invite
the entities identified in subsection (a) to enter into a
memorandum of understanding regarding the scope and focus of
the study and the responsibilities of each participant for
conducting the study.
[(c) Content of Study.--A study under this section shall
include, but not be limited to--
[(1) identifying and describing the component
drainages of the Great Lakes Basin (including the
drainage for each of the Great Lakes), analyzing how
the characteristics and current or expected land and
water uses of those drainages have affected, and can be
expected to affect in the future, the fishery resources
and fish habitats of the Great Lakes Basin;
[(2) analyzing historical fishery resource data for
the Great Lakes Basin to identify the causes of past
and continuing declines of the fishery resources and
the impediments to restoring those resources;
[(3) evaluating the adequacy, effectiveness, and
consistency of current Great Lakes interagency
fisheries management plans and Federal and State water
quality programs, with respect to their effects on
Great Lakes fishery resources;
[(4) analyzing the impacts of, and management control
alternatives for, recently introduced nonindigenous
species, including the zebra mussel, the ruffe, and the
spiny water flea in accordance with the Aquatic
Nuisance Prevention and Control Act of 1990;
[(5) developing recommendations regarding--
[(A) an action plan to analyze the effects of
contaminant levels on fishery resources;
[(B) an action plan for the cooperative
restoration and enhancement of depleted,
nationally significant fish stocks, including
lake trout, yellow perch, lake sturgeon,
walleye, forage fish, and Atlantic salmon;
[(C) planning and technical assistance that
should be provided to the Great Lakes Fisheries
Commission, States, and Indian Tribes to assist
their fishery resource restoration efforts;
[(D) mitigation measures to restore and
enhance fishery resources adversely affected by
past Federal (including federally assisted or
approved) water resource development projects
and other activities;
[(E) increasing the involvement of the
International Joint Commission, the Great Lakes
Commission, the Great Lakes Fishery Commission,
and other interjurisdictional entities
regarding fishery resources protection,
restoration, and enhancement;
[(F) research projects and data gathering
initiatives regarding population trends of fish
stocks, including population abundance and
structure, interspecific competition, survival
rates, and behavioral patterns;
[(G) important fishery resource habitat and
other areas that should be protected, restored,
or enhanced for the benefit of Great Lakes
fishery resources;
[(H) how private conservation organizations,
recreational and commercial fishing interests,
the aquaculture industry, and the general
public could contribute to the implementation
of the fishery resource restoration and
enhancement recommendations developed pursuant
to this Act; and
[(I) appropriate contributions that should be
made by States and other non-Federal entities
to the cost of activities undertaken to
implement the recommendations, including a
description of--
[(i) the activities that shall be
cost-shared;
[(ii) the entities or individuals
which shall share the costs of those
activities;
[(iii) the proportion of appropriate
project and activity costs that shall
be borne by non-Federal interests; and
[(iv) how the entities or individuals
who share costs should finance their
contribution.
[(d) Proposals for Implementing Recommendations.--The
Director shall develop proposals for implementing the
recommendations of the study developed under subsection (c)(5).
The proposals shall be consistent with the goals of the Great
Lakes Water Quality Agreement, as revised in 1987, the 1954
Great lakes Fisheries Convention, State and tribal fishery
management jurisdiction, and the 1980 Joint Strategic Plan for
the management of Great Lakes fishery resources.
[SEC. 2006. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE PROGRAMS
RELATED TO GREAT LAKES FISH AND WILDLIFE RESOURCES.
[In administering programs of the United States Fish and
Wildlife Service related to the Great Lakes Basin, the Director
shall seek to achieve the following goals:
[(1) Restoring and maintaining self-sustaining
fishery resource populations.
[(2) Minimizing the impacts of contaminants on
fishery and wildlife resources.
[(3) Protecting, maintaining, and, where degraded and
destroyed, restoring fish and wildlife habitat,
including the enhancement and creation of wetlands that
result in a net gain in the amount of those habitats.
[(4) Stopping illegal activities adversely impacting
fishery and wildlife resources.
[(5) Restoring threatened and endangered species to
viable, self-sustaining levels.
[(6) Protecting, managing, and conserving migratory
birds.
[SEC. 2007. ESTABLISHMENT OF OFFICES.
[(a) Great Lakes Coordination Office.--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''. The functional responsibilities of the
Great Lakes Coordination Office shall include intra- and
interagency coordination, information distribution, and public
awareness outreach. The Great Lakes Coordination Office shall
include all administrative and technical support necessary to
carry out its responsibilities.
[(b) Lower Great Lakes Fishery Resources Office.--The
Director shall establish an office with necessary
administrative and technical support services to carry out all
United States Fish and Wildlife Service operational activities
related to fishery resource protection, restoration,
maintenance, and enhancement in the Lower Great Lakes. The
office shall be known as the ``Lower Great Lakes Fishery
Resources Office'', and shall be centrally located in the lower
Great Lakes so as to facilitate fishery resource restoration
and enhancement activities relating to the lower Great Lakes.
[(c) Upper Great Lakes Fishery Resources Offices.--The
Director shall establish one or more offices with necessary
administrative and technical support services to carry out
United States Fish and Wildlife Service operational activities
related to fishery resource protection, restoration,
maintenance, and enhancement in the upper Great Lakes. Each of
the offices shall be known as an ``Upper Great Lakes Fishery
Resources Office'', and shall be appropriately located so as to
facilitate fishery resource activities in the upper Great
Lakes.
[SEC. 2008. ANNUAL REPORTS.
[Not later than 1 year after the date of the enactment of
this Act and annually thereafter, the Director shall submit a
report to the Committee on Merchant Marine and Fisheries of the
House of Representatives and the Committee on Environment and
Public Works of the Senate. Each such report shall describe--
[(1) the progress and findings of the studies
conducted under section 2005, including recommendations
of implementing activities, where appropriate, that
would contribute to the restoration or improvement of
one or more fish stocks of the Great Lakes Basin; and
[(2) activities undertaken to accomplish the goals
stated in section 2006.
[SEC. 2009. AUTHORIZATION OF APPROPRIATIONS.
[(a) There are authorized to be appropriated to the
Director--
[(1) for conducting a study under section 2005 not
more than $4,000,000 for each of fiscal years 1991
through 1994;
[(2) to establish and operate the Great Lakes
Coordination Office under section 2008(a) and Upper
Great Lakes Fishery Resources Offices under section
2008(c), not more than $4,000,000 for each of fiscal
years 1991 through 1995; and
[(3) to establish and operate the Lower Great Lakes
Fishery Resources Offices under section 2008(b), not
more than $2,000,000 for each of fiscal years 1991
through 1995.
[(b) There are authorized to be appropriated to the Secretary
to carry out this Act, not more than $1,500,000 for each of
fiscal years 1991 through 1995.]
* * * * * * *
----------
ACT OF NOVEMBER 8, 1990
AN ACT To authorize a study of the fishery resources of the Great
Lakes, and for other purposes
TITLE I--GREAT LAKES FISH AND WILDLIFE RESTORATION
SECTION 1001. SHORT TITLE.
This title may be cited as the ``Great Lakes Fish and
Wildlife Restoration Act of 1990''.
* * * * * * *
SEC. 1003. PURPOSE.
The purposes of this [Act] title are--
[(1) to carry out a comprehensive study of the
status, and the assessment, management, and restoration
needs, of the fishery resources of the Great Lakes
Basin;
[(2) to develop proposals to implement
recommendations resulting from that study; and]
(1) to develop and implement proposals for the
restoration of fish and wildlife resources in the Great
Lakes Basin; and
[(3)] (2) to provide assistance to the Great Lakes
Fisheries Commission, States, Indian Tribes, and other
interested entities to encourage cooperative
conservation, restoration and management of the fish
and wildlife resources and their habitat [of] in the
Great Lakes Basin.
SEC. 1004. DEFINITIONS.
In this [Act] title--
(1) the term ``Administrator'' means the
Administrator of the Environmental Protection Agency;
(2) the term ``Committee'' means the Great Lakes Fish
and Wildlife Restoration Proposal Review Committee
established by section 1005(c);
[(2)] (3) the term ``Director'' means the Director of
the United States Fish and Wildlife Service;
[(3)] (4) the term ``fish stock'' means--
(A) a taxonomically distinct species or
subspecies of fish; or
(B) any other aggregation of fish that are
geographically, ecologically, behaviorally, or
otherwise limited from breeding with
individuals from other groups of fish and are
capable of management as a unit;
[(4)] (5) the term ``Great Lakes Basin'' means the
air, land, water, and living organisms within the
drainage basin of the Saint Lawrence River at or
upstream from the point at which the river becomes the
international boundary between Canada and the United
States;
[(5)] (6) the term ``Indian Tribe'' means any Indian
tribe, band, village, nation, or other organized group
or community that is recognized by the Bureau of Indian
Affairs as eligible for the special programs and
services provided by the United States to Indians
because of their status as Indians;
[(6)] (7) the term ``lower Great Lakes'' means the
region in which is located that portion of the Great
Lakes Basin which is downstream from the confluence of
the Saint Clair River and Lake Huron near Port Huron,
Michigan;
(8) the term ``non-Federal source'' includes a State
government, local government, Indian Tribe, other non-
Federal governmental entity, private entity, and
individual;
[(8)] (9) the term ``nonindigenous species'' means a
species of [plant or animal] plant, animal, or other
organism that did not occur in the Great Lakes Basin
before European colonization of North America;
(10) the term ``Report'' means the United States Fish
and Wildlife Service 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;
(11) the term ``restoration'' means to rehabilitate
and maintain the structure, function, diversity, and
dynamics of a biological system, including
reestablishment of self-sustaining populations of fish
and wildlife;
[(9)] (12) the term ``Secretary'' means the Secretary
of the Army; [and]
[(10)] (13) the term ``State Director'' means the
head of the agency, department, board, commission, or
other governmental entity of each of the States of New
York, Ohio, Indiana, Illinois, Michigan, Wisconsin,
Minnesota, and the Commonwealth of Pennsylvania which
is responsible for the management and conservation of
the fish and wildlife resources of that State[.]; and
[(7)] (14) the term ``upper Great Lakes'' means that
portion of the Great Lakes Basin which is upstream from
the confluence of the Saint Clair River and Lake Huron
near Port Huron, Michigan.
[SEC. 1005. GREAT LAKES FISHERY RESOURCES RESTORATION STUDY.
[(a) In General.--The Director shall conduct a comprehensive
study of the status of, and the assessment, management, and
restoration needs of, the fishery resources of the Great Lakes
Basin and shall provide the opportunity for the Secretary, the
Administrator, State Directors, Indian Tribes, the Great Lakes
Fishery Commission, appropriate Canadian Government entities,
and other appropriate entities to participate in the study. The
Director shall complete the study by October 1, 1994.
[(b) Memorandum of Understanding.--To provide opportunities
for the full participation of all affected entities in the
planning and conduct of the study, the Director shall invite
the entities identified in subsection (a) to enter into a
memorandum of understanding regarding the scope and focus of
the study and the responsibilities of each participant for
conducting the study.
[(c) Content of Study.--A study under this section shall
include, but not be limited to--
[(1) identifying and describing the component
drainages of the Great Lakes Basin (including the
drainage for each of the Great Lakes), analyzing how
the characteristics and current or expected land and
water uses of those drainages have affected, and can be
expected to affect in the future, the fishery resources
and fish habitats of the Great Lakes Basin;
[(2) analyzing historical fishery resource data for
the Great Lakes Basin to identify the causes of past
and continuing declines of the fishery resources and
the impediments to restoring those resources;
[(3) evaluating the adequacy, effectiveness, and
consistency of current Great Lakes interagency
fisheries management plans and Federal and State water
quality programs, with respect to their effects on
Great Lakes fishery resources;
[(4) analyzing the impacts of, and management control
alternatives for, recently introduced nonindigenous
species, including the zebra mussel, the ruffe, and the
spiny water flea in accordance with the Aquatic
Nuisance Prevention and Control Act of 1990;
[(5) developing recommendations regarding--
[(A) an action plan to analyze the effects of
contaminant levels on fishery resources;
[(B) an action plan for the cooperative
restoration and enhancement of depleted,
nationally significant fish stocks, including
lake trout, yellow perch, lake sturgeon,
walleye, forage fish, and Atlantic salmon;
[(C) planning and technical assistance that
should be provided to the, Great Lakes
Fisheries Commission, States, and Indian Tribes
to assist their fishery resource restoration
efforts;
[(D) mitigation measures to restore and
enhance fishery resources adversely affected by
past Federal (including federally assisted or
approved) water resource development projects
and other activities;
[(E) increasing the involvement of the
International Joint Commission, the Great Lakes
Commission, the Great Lakes Fishery Commission,
and other interjurisdictional entities
regarding fishery resources protection,
restoration, and enhancement;
[(F) research projects and data gathering
initiatives regarding population trends of fish
stocks, including population abundance and
structure, interspecific competition, survival
rates, and behavioral patterns;
[(G) important fishery resource habitat and
other areas that should be protected, restored,
or enhanced for the benefit of Great Lakes
fishery resources;
[(H) how private conservation organizations,
recreational and commercial fishing interests,
the aquaculture industry, and the general
public could contribute to the implementation
of the fishery resource restoration and
enhancement recommendations developed pursuant
to this Act; and
[(I) appropriate contributions that should be
made by States and other non-Federal entities
to the cost of activities undertaken to
implement the recommendations, including a
description of--
[(i) the activities that shall be
cost-shared;
[(ii) the entities or individuals
which shall share the costs of those
activities;
[(iii) the proportion of appropriate
project and activity costs that shall
be borne by non-Federal interests; and
[(iv) how the entities or individuals
who share costs should finance their
contribution.
[(d) Proposals for Implementing Recommendations.--The
Director shall develop proposals for implementing the
recommendations of the study developed under subsection (c)(5).
The proposals shall be consistent with the goals of the Great
Lakes Water Quality Agreement, as revised in 1987, the 1954
Great Lakes Fisheries Convention, State and tribal fishery
management jurisdiction, and the 1980 Joint Strategic Plan for
the management of Great Lakes fishery resources.]
SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS.
(a) In General.--The Secretary of the Interior, in
consultation with the Committee, shall encourage the
development and, subject to the availability of appropriations,
the implementation of proposals based on the results of the
Report.
(b) Identification of Proposals.--
(1) Request by the secretary of the interior.--The
Secretary of the Interior shall annually request that
State Directors and Indian Tribes, in cooperation or
partnership with other interested entities and based on
the results of the Report, submit proposals for the
restoration of fish and wildlife resources.
(2) Requirements for proposals.--A proposal under
paragraph (1) shall be submitted in the manner and form
prescribed by the Secretary of the Interior and shall
be consistent with the goals of the Great Lakes Water
Quality Agreement, as revised in 1987, the 1954 Great
Lakes Fisheries Convention, fishery management
jurisdictions, the 1980 Joint Strategic Plan for the
Management of Great Lakes fishery resources, the
Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4701 et seq.), and the North
American Waterfowl Management Plan and joint ventures
established under the plan.
(3) Sea lamprey authority.--The Great Lakes Fishery
Commission shall retain authority and responsibility
for formulation and implementation of a comprehensive
program for eradicating or minimizing 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
authority and control of the Council of Lake Committees
of the Great Lakes Fishery Commission.
(2) Membership and appointment.--
(A) In general.--The Committee shall consist
of representatives of all State Directors and
Indian Tribes with Great Lakes fish and
wildlife management authority in the Great
Lakes Basin.
(B) Appointments.--State Directors and Tribal
Chairs shall appoint their representatives, who
shall serve at the pleasure of the appointing
authority.
(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 at least
annually--
(A) review proposals developed in accordance
with subsection (b) to assess their
effectiveness and appropriateness in fulfilling
the purposes of this title; and
(B) make recommendations to the Council of
Lake Committees of the Great Lakes Fishery
Commission regarding priorities that should be
recommended by that commission under paragraph
(4).
(4) Recommendation of priorities.--The Council of
Lake Committees of the Great Lakes Fishery Commission,
after reviewing recommendations from the Committee
under paragraph (2)(B), shall recommend to the
Secretary of the Interior priorities for implementing
the proposals.
(d) Implementation of Proposals.--After considering
recommendations of the Council of Lake Committees of the
GreatLakes Fishery Commission and the goals specified in section 1006,
the Secretary of the Interior shall select proposals to be implemented
and, subject to the availability of appropriations and subsection (e),
fund implementation of the proposals. In selecting and funding
proposals, the Secretary of the Interior shall take into account the
effectiveness and appropriateness of the proposals in fulfilling the
purposes of other laws applicable to restoration of the fishery
resources and habitat of the Great Lakes Basin
(e) Cost-Sharing.--
(1) In general.--Not less than 25 percent of the cost
of implementing a proposal selected under subsection
(d) (not including the cost of establishing sea lamprey
barriers) shall be paid in cash or in-kind
contributions by non-Federal sources.
(2) Exclusion of federal funds from non-federal
share.--The Secretary of the Interior may not consider
the expenditure, directly or indirectly, of Federal
funds received by a State or local government to be a
contribution by a non-Federal source for purposes of
this subsection.
* * * * * * *
[SEC. 1008. ANNUAL REPORTS.
[Not later than 1 year after the date of the enactment of
this Act and annually thereafter, the Director shall submit a
report to the Committee on Merchant Marine and Fisheries of the
House of Representatives and the Committee on Environment and
Public Works of the Senate. Each such report shall describe--
[(1) the progress and findings of the studies
conducted under section 1005, including recommendations
of implementing activities, where appropriate, that
would contribute to the restoration or improvement of
one or more fish stocks of the Great Lakes Basin; and
[(2) activities undertaken to accomplish the goals
stated in section 1006.
[SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to the Director--
[(1) for conducting a study under section 1005 not
more than $4,000,000 for each of the fiscal years 1991
through 1994;
[(2) to establish and operate the Great Lakes
Coordination Office under section 1008(a) and Upper
Great Lakes Fishery Resources Offices under section
1008(c) not more than $4,000,000 for each of the fiscal
years 1991 through 1995; and
[(3) to establish and operate the Lower Great Lakes
Fishery Resources Office under section 1008(b), not
more than $2,000,000 for each of the fiscal years 1991
through 1995.]
SEC. 1008. REPORTS TO CONGRESS.
On December 31, 2002, the Secretary of the Interior 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.
SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
the Interior--
(1) for the activities of the Great Lakes
Coordination Office in East Lansing, Michigan, the
Upper Great Lakes Fishery Resources Office, and the
Lower Great Lakes Fishery Resources Office under
section 1007, $3,500,000 for each of fiscal years 1999
through 2003; and
(2) for implementation of fish and wildlife
restoration proposals selected by the Secretary of the
Interior under section 1005(d), $4,500,000 for each of
fiscal years 1999 through 2003, of which none shall be
available for costs incurred in administering the
proposals.
* * * * * * *