[105th Congress Public Law 265]
[From the U.S. Government Printing Office]
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[DOCID: f:publ265.105]
GREAT LAKES FISH AND WILDLIFE RESTORATION ACT OF 1998
Public Law 105-265
105th 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 <<NOTE:
Oct. 19, 1998 - [H.R. 1481]>> Restoration Study.
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 1998. 16 USC 941 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Fish and Wildlife
Restoration Act of 1998''.
SEC. 2. <<NOTE: 16 USC 941 note.>> 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), <<NOTE: 16 USC 941-941g and note.>> is repealed.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 rehabilitation and
maintenance of 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 Director, 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 director.--The Director 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 Director and shall be consistent with the
goals of the Great Lakes Water Quality Agreement, as revised in
1987, the 1954 Great Lakes Fisheries Convention, 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 guidance 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) recommend to the Director any of those
proposals that should be funded and implemented under
this section.
``(d) Implementation of Proposals.--After considering
recommendations of the Committee and the goals specified in section
1006, the Director 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
Director 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 Director 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 <<NOTE: Deadline.>> December 31, 2002, 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.''.
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 Director--
``(1) for the activities of the Great Lakes Coordination
Office in East Lansing, Michigan, of the Upper Great Lakes
Fishery Resources Office, and of the Lower Great Lakes Fishery
Resources Office under section 1007, $3,500,000 for each of
fiscal years 1999 through 2004; and
``(2) for implementation of fish and wildlife restoration
proposals selected by the Director under section 1005(d),
$4,500,000 for each of fiscal years 1999 through 2004, of which
no funds shall be available for costs incurred in administering
the proposals.''.
Approved October 19, 1998.
LEGISLATIVE HISTORY--H.R. 1481 (S. 659):
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HOUSE REPORTS: No. 105-715 (Comm. on Resources).
SENATE REPORTS: No. 105-283 accompanying S. 659 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Sept. 23, considered and passed House.
Oct. 2, considered and passed Senate.
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