[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 1761

Public Law 109-326
109th Congress

An Act


 
To amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to
provide for implementation of recommendations of the United States Fish
and Wildlife Service contained in the Great Lakes Fishery Resources
Restoration Study. NOTE: Oct. 11, 2006 -  [S. 2430]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress NOTE: Great Lakes Fish and
Wildlife Restoration Act of 2006. assembled,

SECTION 1. NOTE: 16 USC 941 note. SHORT TITLE.

This Act may be cited as the ``Great Lakes Fish and Wildlife
Restoration Act of 2006''.

SEC. 2. NOTE: 16 USC 941 note. FINDINGS.

Congress finds that--
(1) the Great Lakes have fish and wildlife communities that
are structurally and functionally changing;
(2) successful fish and wildlife management focuses on the
lakes as ecosystems, and effective management requires the
coordination and integration of efforts of many partners;
(3) it is in the national interest to undertake activities
in the Great Lakes Basin that support sustainable fish and
wildlife resources of common concern provided under the
recommendations of the Great Lakes Regional Collaboration
authorized under Executive Order 13340 (69 Fed. Reg. 29043;
relating to the Great Lakes Interagency Task Force);
(4) additional actions and better coordination are needed to
protect and effectively manage the fish and wildlife resources,
and the habitats upon which the resources depend, in the Great
Lakes Basin;
(5) as of the date of enactment of this Act, actions are not
funded that are considered essential to meet the goals and
objectives in managing the fish and wildlife resources, and the
habitats upon which the resources depend, in the Great Lakes
Basin; and
(6) the Great Lakes Fish and Wildlife Restoration Act (16
U.S.C. 941 et seq.) allows Federal agencies, States, and tribes
to work in an effective partnership by providing the funding for
restoration work.

SEC. 3. DEFINITIONS.

Section 1004 of the Great Lakes Fish and Wildlife Restoration Act of
1990 (16 U.S.C. 941b) is amended--
(1) by striking paragraphs (1), (4), and (12);
(2) by redesignating paragraphs (2), (3), (5), (6), (7),
(8), (9), (10), (11), (13), and (14) as paragraphs (1), (2),
(3), (4), (5), (6), (7), (9), (10), (11), and (12),
respectively;

[[Page 1762]]
120 STAT. 1762

(3) in paragraph (4) (as redesignated by paragraph (2)), by
inserting before the semicolon at the end the following: ``, and
that has Great Lakes fish and wildlife management authority in
the Great Lakes Basin''; and
(4) by inserting after paragraph (7) (as redesignated by
paragraph (2)) the following:
``(8) the term `regional project' means authorized
activities of the United States Fish and Wildlife Service
related to fish and wildlife resource protection, restoration,
maintenance, and enhancement impacting multiple States or Indian
Tribes with fish and wildlife management authority in the Great
Lakes basin;''.

SEC. 4. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS.

Section 1005 of the Great Lakes Fish and Wildlife Restoration Act of
1990 (16 U.S.C. 941c) is amended to read as follows:

``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS AND
REGIONAL PROJECTS.

``(a) In General.--Subject to subsection (b)(2), the Director--
``(1) shall encourage the development and, subject to the
availability of appropriations, the implementation of fish and
wildlife restoration proposals and regional projects based on
the results of the Report; and
``(2) in cooperation with the State Directors and Indian
Tribes, shall identify, develop, and, subject to the
availability of appropriations, implement regional projects in
the Great Lakes Basin to be administered by Director in
accordance with this section.

``(b) Identification of Proposals and Regional Projects.--
``(1) Request by the director.--The Director shall annually
request that State Directors and Indian Tribes, in cooperation
or partnership with other interested entities and in accordance
with subsection (a), submit proposals or regional projects for
the restoration of fish and wildlife resources.
``(2) Requirements for proposals and regional projects.--A
proposal or regional project under paragraph (1) shall be--
``(A) submitted in the manner and form prescribed by
the Director; and
``(B) consistent with--
``(i) the goals of the Great Lakes Water
Quality Agreement, as amended;
``(ii) the 1954 Great Lakes Fisheries
Convention;
``(iii) the 1980 Joint Strategic Plan for
Management of Great Lakes Fisheries, as revised in
1997, and Fish Community Objectives for each Great
Lake and connecting water as established under the
Joint Strategic Plan;
``(iv) the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4701
et seq.);
``(v) the North American Waterfowl Management
Plan and joint ventures established under the
plan; and

[[Page 1763]]
120 STAT. 1763

``(vi) the strategies outlined through the
Great Lakes Regional Collaboration authorized
under Executive Order 13340 (69 Fed. Reg. 29043;
relating to the Great Lakes Interagency Task
Force).
``(3) Sea lamprey authority.--The Great Lakes Fishery
Commission shall retain authority and responsibility to
formulate and implement a comprehensive program to eradicate or
minimize sea lamprey populations in the Great Lakes Basin.

``(c) Review of Proposals.--
``(1) Establishment of committee.--There is established the
Great Lakes Fish and Wildlife Restoration Proposal Review
Committee, which shall operate under the guidance of the United
States Fish and Wildlife Service.
``(2) Membership and appointment.--
``(A) In general.--The Committee shall consist of 2
representatives of each of the State Directors and
Indian Tribes, of whom--
``(i) 1 representative shall be the individual
appointed by the State Director or Indian Tribe to
the Council of Lake Committees of the Great Lakes
Fishery Commission; and
``(ii) 1 representative shall have expertise
in wildlife management.
``(B) Appointments.--Each representative shall serve
at the pleasure of the appointing State Director or
Tribal Chair.
``(C) Observer.--The Great Lakes Coordinator of the
United States Fish and Wildlife Service shall
participate as an observer of the Committee.
``(D) Recusal.--A member of the Committee shall
recuse himself or herself from consideration of
proposals that the member, or the entity that the member
represents, has submitted.
``(3) Functions.--The Committee shall--
``(A) meet at least annually;
``(B) review proposals and regional projects
developed in accordance with subsection (b) to assess
the effectiveness and appropriateness of the proposals
and regional projects in fulfilling the purposes of this
title; and
``(C) recommend to the Director any of those
proposals and regional projects that should be funded
and implemented under this section.

``(d) Implementation of Proposals and Regional Projects.--
``(1) In general.--After considering recommendations of the
Committee and the goals specified in section 1006, the Director
shall--
``(A) select proposals and regional projects to be
implemented; and
``(B) subject to the availability of appropriations
and subsection (e), fund implementation of the proposals
and regional projects.
``(2) Selection criteria.--In selecting and funding
proposals and regional projects, the Director shall take into
account the effectiveness and appropriateness of the proposals
and regional projects in fulfilling the purposes of other laws

[[Page 1764]]
120 STAT. 1764

applicable to restoration of the fish and wildlife resources and
habitat of the Great Lakes Basin.

``(e) Cost Sharing.--
``(1) In general.--Except as provided in paragraphs (2) and
(4), not less than 25 percent of the cost of implementing a
proposal selected under subsection (d) (excluding the cost of
establishing sea lamprey barriers) shall be paid in cash or in-
kind contributions by non-Federal sources.
``(2) Regional projects.--Regional projects selected under
subsection (d) shall be exempt from cost sharing if the Director
determines that the authorization for the project does not
require a non-Federal cost-share.
``(3) Exclusion of federal funds from non-federal share.--
The Director may not consider the expenditure, directly or
indirectly, of Federal funds received by any entity to be a
contribution by a non-Federal source for purposes of this
subsection.
``(4) Effect on certain indian tribes.--Nothing in this
subsection affects an Indian tribe affected by an alternative
applicable cost sharing requirement under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).''.

SEC. 5. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE PROGRAMS
RELATED TO GREAT LAKES FISH AND WILDLIFE RESOURCES.

Section 1006 of the Great Lakes Fish and Wildlife Restoration Act of
1990 (16 U.S.C. 941d) is amended by striking paragraph (1) and inserting
the following:
``(1) Restoring and maintaining self-sustaining fish and
wildlife resources.''.

SEC. 6. ESTABLISHMENT OF OFFICES.

Section 1007 of the Great Lakes Fish and Wildlife Restoration Act of
1990 (16 U.S.C. 941e) is amended--
(1) by striking subsection (a) and inserting the following:

``(a) Great Lakes Coordination Office.--
``(1) In general.--The Director shall establish a centrally
located facility for the coordination of all United States Fish
and Wildlife Service activities in the Great Lakes Basin, to be
known as the `Great Lakes Coordination Office'.
``(2) Functional responsibilities.--The functional
responsibilities of the Great Lakes Coordination Office shall
include--
``(A) intra- and interagency coordination;
``(B) information distribution; and
``(C) public outreach.
``(3) Requirements.--The Great Lakes Coordination Office
shall--
``(A) ensure that information acquired under this
Act is made available to the public; and
``(B) report to the Director of Region 3, Great
Lakes Big Rivers.'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``The
Director'' and inserting the following:
``(1) In general.--The Director'';.
(B) in the second sentence, by striking ``The
office'' and inserting the following:

[[Page 1765]]
120 STAT. 1765

``(2) Name and location.--The office''; and
(C) by adding at the end the following:
``(3) Responsibilities.--The responsibilities of the Lower
Great Lakes Fishery Resources Office shall include operational
activities of the United States Fish and Wildlife Service
related to fishery resource protection, restoration,
maintenance, and enhancement in the Lower Great Lakes.''; and
(3) in subsection (c)--
(A) in the first sentence, by striking ``The
Director'' and inserting the following:
``(1) In general.--The Director'';.
(B) in the second sentence, by striking ``Each of
the offices'' and inserting the following:
``(2) Name and location.--Each of the offices''; and
(C) by adding at the end the following:
``(3) Responsibilities.--The responsibilities of the Upper
Great Lakes Fishery Resources Offices shall include operational
activities of the United States Fish and Wildlife Service
related to fishery resource protection, restoration,
maintenance, and enhancement in the Upper Great Lakes.''.

SEC. 7. REPORTS.

Section 1008 of the Great Lakes Fish and Wildlife Restoration Act of
1990 (16 U.S.C. 941f) is amended to read as follows:

``SEC. 1008. REPORTS.

``(a) In General.--Not NOTE: Deadline. later than December 31,
2011, the Director shall submit to the Committee on Resources of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report that describes--
``(1) actions taken to solicit and review proposals under
section 1005;
``(2) the results of proposals implemented under section
1005; and
``(3) progress toward the accomplishment of the goals
specified in section 1006.

``(b) Public Access to Data.--For NOTE: Website. each of fiscal
years 2007 through 2012, the Director shall make available through a
public access website of the Department information that describes--
``(1) actions taken to solicit and review proposals under
section 1005;
``(2) the results of proposals implemented under section
1005;
``(3) progress toward the accomplishment of the goals
specified in section 1006;
``(4) the priorities proposed for funding in the annual
budget process under this title; and
``(5) actions taken in support of the recommendations of the
Great Lakes Regional Collaboration authorized under Executive
Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes
Interagency Task Force).

``(c) Report.--Not NOTE: Deadline. later than June 30, 2007, the
Director shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Resources of the House of
Representatives the 2002 report required under this section as in effect
on the day before the date of enactment of the Great Lakes Fish and
Wildlife Restoration Act of 2006.''.

[[Page 1766]]
120 STAT. 1766

SEC. 8. NOTE: 16 USC 941 note. CONTINUED MONITORING AND ASSESSMENT
OF STUDY FINDINGS AND RECOMMENDATIONS.

The Director of the United States Fish and Wildlife Service--
(1) shall continue to monitor the status, and the
assessment, management, and restoration needs, of the fish and
wildlife resources of the Great Lakes Basin; and
(2) may reassess and update, as necessary, the findings and
recommendations of the report entitled ``Great Lakes Fishery
Resources Restoration Study'', submitted to the President of the
Senate and the Speaker of the House of Representatives on
September 13, 1995.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

Section 1009 of the Great Lakes Fish and Wildlife Restoration Act of
1990 (16 U.S.C. 941g) is amended to read as follows:

``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to the Director for each
of fiscal years 2007 through 2012--
``(1) $14,000,000 to implement fish and wildlife restoration
proposals as selected by the Director under section 1005(e), of
which--
``(A) not more than the lesser of 33 1/3 percent or
$4,600,000 may be allocated to implement regional
projects by the United States Fish and Wildlife Service,
as selected by the Director under section 1005(e); and
``(B) the lesser of 5 percent or $700,000 shall be
allocated to the United States Fish and Wildlife Service
to cover costs incurred in administering the proposals
by any entity; and
``(2) $2,000,000, which shall be allocated for the
activities of the Great Lakes Coordination Office in
East Lansing, Michigan, of the Upper Great Lakes Fishery
Resources Office, and the Lower Great Lakes Fishery
Resources Office under section 1007.''.

Approved October 11, 2006.

LEGISLATIVE HISTORY--S. 2430:
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SENATE REPORTS: No. 109-270 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 152 (2006):
July 11, considered and passed Senate.
Sept. 27, considered and passed House, amended.
Sept. 29, Senate concurred in House amendment.