[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.

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[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.

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