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[109th Congress Public Law 326]
[From the U.S. Government Printing Office]

[DOCID: f:publ326.109]

[[Page 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 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 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 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 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 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.

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