```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2430 Enrolled Bill (ENR)]

        S.2430

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. 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;
        (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
                ``(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.).''.

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:
        ``(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 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 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 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.''.

SEC. 8. 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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```