§ 941c. Identification, review, and implementation of proposals and regional projects

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Great Lakes Fish and Wildlife Restoration Act of 1990

   Pub. L. 101–537 title I § 1005 · 104 Stat. 2370

   Enacted · 16 U.S.C. § 941c

   Pub. L. 101–537, title I, § 1005, Nov. 8, 1990, 104 Stat. 2372

   Source evidence

   Code source credit
   Pub. L. 101–537, title I, § 1005, Nov. 8, 1990, 104 Stat. 2372

   Enacted provision · exact public law section
   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 alter-natives 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.

2. 1996

   National Invasive Species Act of 1996

   Pub. L. 104–332 § 2(h)(1) · 110 Stat. 4073

   Changed · 16 U.S.C. § 941c

   Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 2005, which enacted this section

   Source evidence

   Code amendment note
   Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 2005, which enacted this section.

   Enacted provision · exact public law section
   (1) in titles I, II, and IV, by striking the quotation marks 16 USC 4701, 941; 33 USC 2761. at the beginning of any title, subtitle, section, subsection, paragraph, subparagraph, clause, subclause, or undesignated provision;

3. 1998

   Great Lakes Fish and Wildlife Restoration Act of 1998

   Pub. L. 105–265 · 112 Stat. 2358

   1. Amended · 16 U.S.C. § 941c

      Pub. L. 105–265 amended section generally

   2. Substituted · 16 U.S.C. § 941c

      Pub. L. 105–265 substituting present provisions for provisions requiring a Great Lakes fishery resources restoration study and development of proposals for implementing recommendations

   Source evidence

   Code amendment note
   Pub. L. 105–265 amended section generally, substituting present provisions for provisions requiring a Great Lakes fishery resources restoration study and development of proposals for implementing recommendations.

4. 2006

   Great Lakes Fish and Wildlife Restoration Act of 2006

   Pub. L. 109–326 § 4 · 120 Stat. 1761

   Amended · 16 U.S.C. § 941c

   Pub. L. 109–326 amended section generally. Prior to amendment, section related to identification, review, and implementation of proposals

   Source evidence

   Code amendment note
   Pub. L. 109–326 amended section generally. Prior to amendment, section related to identification, review, and implementation of proposals.

   Enacted provision · exact public law section
   SEC. 4. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS.   Section 1005 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941c) is amended to read as follows: “SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS AND REGIONAL PROJECTS. “(a) In General.— Subject to subsection (b)(2), the Director— “(1) shall encourage the development and, subject to the availability of appropriations, the implementation of fish and wildlife restoration proposals and regional projects based on the results of the Report; and “(2) in cooperation with the State Directors and Indian Tribes, shall identify, develop, and, subject to the availability of appropriations, implement regional projects in the Great Lakes Basin to be administered by Director in accordance with this section. “(b) Identification of Proposals and Regional Projects.— “(1) Request by the director.— The Director shall annually request that State Directors and Indian Tribes, in cooperation or partnership with other interested entities and in accordance with subsection (a), submit proposals or regional projects for the restoration of fish and wildlife resources. “(2) Requirements for proposals and regional projects.— A proposal or regional project under paragraph (1) shall be— “(A) submitted in the manner and form prescribed by the Director; and “(B) consistent with— “(i) the goals of the Great Lakes Water Quality Agreement, as amended; “(ii) the 1954 Great Lakes Fisheries Convention; “(iii) the 1980 Joint Strategic Plan for Management of Great Lakes Fisheries, as revised in 1997, and Fish Community Objectives for each Great Lake and connecting water as established under the Joint Strategic Plan; “(iv) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.); “(v) the North American Waterfowl Management Plan and joint ventures established under the plan; and “(vi) the strategies outlined through the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force). “(3) Sea lamprey authority.— The Great Lakes Fishery Commission shall retain authority and responsibility to formulate and implement a comprehensive program to eradicate or minimize sea lamprey populations in the Great Lakes Basin. “(c) Review of Proposals.— “(1) Establishment of committee.— There is established the Great Lakes Fish and Wildlife Restoration Proposal Review Committee, which shall operate under the guidance of the United States Fish and Wildlife Service. “(2) Membership and appointment.— “(A) In general.— The Committee shall consist of 2 representatives of each of the State Directors and Indian Tribes, of whom— “(i) 1 representative shall be the individual appointed by the State Director or Indian Tribe to the Council of Lake Committees of the Great Lakes Fishery Commission; and “(ii) 1 representative shall have expertise in wildlife management. “(B) Appointments.— Each representative shall serve at the pleasure of the appointing State Director or Tribal Chair. “(C) Observer.— The Great Lakes Coordinator of the United States Fish and Wildlife Service shall participate as an observer of the Committee. “(D) Recusal.— A member of the Committee shall recuse himself or herself from consideration of proposals that the member, or the entity that the member represents, has submitted. “(3) Functions.— The Committee shall— “(A) meet at least annually; “(B) review proposals and 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 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.).” .

5. 2016

   Water Infrastructure Improvements for the Nation Act

   Pub. L. 114–322 § 3901(c)(1) · 130 Stat. 1628

   Added · 16 U.S.C. § 941c(b)(2)(B)(vii); 16 U.S.C. § 941c(b)(2)(B)(viii)

   Pub. L. 114–322, § 3901(c)(1), added cls. (vii) and (viii)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B)(vii), (viii). Pub. L. 114–322, § 3901(c)(1), added cls. (vii) and (viii).

   Enacted provision · exact public law section
   (1) Requirements for proposals and regional projects.— Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is amended— (A) in clause (v), by striking “and” at the end; (B) in clause (vi), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: “(vii) the strategic action plan of the Great Lakes Restoration Initiative; and “(viii) each applicable State wildlife action plan.” .

6. 2016

   Water Infrastructure Improvements for the Nation Act

   Pub. L. 114–322 § 3901(c)(2) · 130 Stat. 1628

   Struck · 16 U.S.C. § 941c(c)(2)(C)

   Pub. L. 114–322, § 3901(c)(2), struck out “Great Lakes Coordinator of the” before “United States Fish and Wildlife Service”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 114–322, § 3901(c)(2), struck out “Great Lakes Coordinator of the” before “United States Fish and Wildlife Service”.

   Enacted provision · exact public law section
   (2) Review of proposals.— Section 1005(c)(2)(C) (16 U.S.C. 941c(c)(2)(C)) is amended by striking “Great Lakes Coordinator of the”.

7. 2016

   Water Infrastructure Improvements for the Nation Act

   Pub. L. 114–322 § 3901(c)(3)(A) · 130 Stat. 1628

   1. Amended · 16 U.S.C. § 941c(e)(1)

      Pub. L. 114–322, § 3901(c)(3)(A), designated exisiting provisions as subpar. (A)

   2. Inserted · 16 U.S.C. § 941c(e)(1)

      Pub. L. 114–322, § 3901(c)(3)(A), inserted heading

   3. Substituted · 16 U.S.C. § 941c(e)(1)

      Pub. L. 114–322, § 3901(c)(3)(A), substituted “Except as provided in paragraphs (3) and (5) and subject to paragraph (2), not less than 25 percent of the cost of implementing a proposal or regional project” for “Except as provided in paragraphs (2) and (4), not less than 25 percent of the cost of implementing a proposal”

   4. Added · 16 U.S.C. § 941c(e)(1)

      Pub. L. 114–322, § 3901(c)(3)(A), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 114–322, § 3901(c)(3)(A), designated exisiting provisions as subpar. (A) and inserted heading, substituted “Except as provided in paragraphs (3) and (5) and subject to paragraph (2), not less than 25 percent of the cost of implementing a proposal or regional project” for “Except as provided in paragraphs (2) and (4), not less than 25 percent of the cost of implementing a proposal”, and added subpar. (B).

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by striking “Except as provided in paragraphs (2) and (4), not less than 25 percent of the cost of implementing a proposal” and inserting the following: “(A) Non-federal share.— Except as provided in paragraphs (3) and (5) and subject to paragraph (2), not less than 25 percent of the cost of implementing a proposal or regional project” ; and (ii) by adding at the end the following: “(B) Time period for providing match.— The non-Federal share of the cost of implementing a proposal or regional project required under subparagraph (A) may be provided at any time during the 2-year period preceding January 1 of the year in which the Director receives the application for the proposal or regional project.” ;

8. 2016

   Water Infrastructure Improvements for the Nation Act

   Pub. L. 114–322 § 3901(c)(3)(B) · 130 Stat. 1628

   1. Added · 16 U.S.C. § 941c(e)(2)(5)

      Pub. L. 114–322, § 3901(c)(3)(B), (C), added par. (2)

   2. Redesignated · 16 U.S.C. § 941c(e)(2)(5)

      Pub. L. 114–322, § 3901(c)(3)(B), (C), redesignated former pars. (2) to (4) as (3) to (5), respectively

   Source evidence

   Code amendment note
   Subsec. (e)(2) to (5). Pub. L. 114–322, § 3901(c)(3)(B), (C), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.

   Enacted provision · exact public law section
   (B) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and

11 of 13 references resolved to an enrolled provision · 2 partial