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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4028 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4028

 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 Restoration 
                             Study Report.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 5, 1996

 Mr. LaTourette (for himself and Mr. Dingell) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL

 
 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 Restoration 
                             Study Report.

    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 1996''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Great Lakes Fishery Resources Restoration Study, 
        for which a report was submitted to the Congress in 1995, was a 
        comprehensive study of the status, 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.
            (2) This study found the following:
                    (A) Physical changes to the Great Lakes through 
                dredging, construction of hydroelectric and other dams, 
                stone revetment projects, clearing of shoreline 
                vegetation, and increased agriculture have altered 
                habitats, fish spawning mortality, erosion, 
                sedimentation, oxygen levels, contaminant transport, 
                nutrient loading, and aesthetic character. Combined 
                effects of overexploitation, habitat impairment, and 
                destabilizing effects of nonindigenous species are 
                responsible for most of the decline of native fishes in 
                the Great Lakes. Physical changes to the nearshore 
                environments, riverine tributaries, and wetlands by 
                development projects have affected those species 
                relying on these habitats for critical phases of their 
                life histories. Monitoring of contaminants and analysis 
                of their effects should be coordinated and expanded.
                    (B) Significant habitats necessary for self-
                sustaining populations of fish and wildlife are 
                threatened or impaired. Actions should include 
                identifying and protecting habitats that are used by 
                fish and wildlife for spawning, breeding, nesting, 
                rearing and feeding, and rehabilitating degraded 
                habitats to be utilized by a diverse community.
                    (C) Working under the cooperatively developed 
                guidance of the Strategic Plan for Management of the 
                Great Lakes Fisheries, published by the Great Lakes 
                Fishery Commission in 1980, and the Great Lakes Water 
                Quality Agreement, State, Provincial, Native American 
                tribal, and Federal agencies bordering the Great Lakes 
                have made significant progress toward the goal of 
                restoring a healthy fish community to the Great Lakes. 
                Differences in mandate, perception of priorities, and 
                style of management create major institutional 
                impediments to systematic and comprehensive 
                coordination of ecosystem management. Many of the 
current problems are, in fact, the unintended consequences of 
uncoordinated management of water quality, fisheries, shipping, and 
human developments in the Great Lakes Basin. Concepts of responsible 
resource use and management and biological conservation should not be 
at odds, but should be integrated via partnerships to meet future 
needs. Information exchange and cross-program forums should be 
established to encourage management. Setting of specific management 
goals is central to the coordination of management efforts. Fishery 
managers should increase their involvement with the Binational Program, 
Remedial Action Plans, Lake-Wide Management Plans, and the 
Environmental Monitoring and Assessment Program planning process.

SEC. 3. REFERENCE.

    Whenever in this Act an amendment is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to that section or other provision of 
the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 
941 et seq.), as set forth in title I of Public Law 101-573.

SEC. 4. PURPOSES.

    Section 1003 (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) in order as 
        paragraphs (1) and (2);
            (4) by amending paragraph (1), as so redesignated, to read 
        as follows:
            ``(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 so redesignated, by striking 
        ``habitat of'' and inserting ``habitat in''.

SEC. 5. DEFINITIONS.

    Section 1004 (16 U.S.C. 941b) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``this Act'' and inserting ``this title'';
            (2) in paragraph (8) by striking ``plant or animal'' and 
        inserting ``plant, animal, or microorganism'';
            (3) in paragraph (9) by striking ``and'' after the 
        semicolon at the end, in paragraph (10) by striking the period 
        at the end and inserting a semicolon, and by redesignating 
        paragraphs (9) and (10) as paragraphs (10) and (11), 
        respectively;
            (4) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) the term `restoration' means to rehabilitate and 
        maintain the structure, function, diversity, and dynamics of a 
        biological system, including the reestablishment of self-
        sustaining populations of fish and wildlife;''; and
            (5) by adding at the end the following new paragraphs:
            ``(12) the term `Report' means the United States Fish and 
        Wildlife Service report entitled ``Great Lakes Fishery 
        Resources Restoration Study'', as submitted to the President of 
        the Senate and the Speaker of the House of Representatives on 
        September 13, 1995;
            ``(13) the term `Committee' means the Great Lakes Fish and 
        Wildlife Restoration Proposal Review Committee established by 
        section 1005(c); and
            ``(14) the term `non-Federal source' includes State 
        government, local governments, Indian Tribes, other 
        governmental entities, private entities, and individuals.''.

SEC. 6. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS.

    Section 1005 (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 ensure that proposals resulting from recommendations 
of the Study or identified through an annual request to State and 
Tribal entities described in subsection (b) are developed and, within 
available appropriations, the highest priority proposals are 
implemented.
    ``(b) Identification of Proposals.--The Director shall annually 
request that State Directors and Indian Tribes, in cooperation or 
partnership with other interested entities, submit fish and wildlife 
resources restoration proposals based on the results of the Study or 
other sources such as recommendations of the Council of Lake Committees 
sponsored by the Great Lakes Fishery Commission. These proposals shall 
be submitted in the manner and form prescribed by the Director. The 
proposals shall be consistent with the goals of the Great Lakes Water 
Quality Agreement, as revised in 1987, the 1954 Convention on Great 
Lakes Fisheries, State and Tribal fishery management jurisdiction, the 
Joint Strategic Plan for the Management of Great Lakes Fisheries, the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, the 
North American Waterfowl Management Plan, and various joint ventures 
established under that plan. Notwithstanding any other provision of 
law, 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. The Secretary of the Army may, upon request of the 
Great Lakes Fishery Commission, construct and improve water resources 
projects related to sea lamprey management that improve the quality of 
the environment in the public trust, at any location within the Great 
Lakes or their tributaries or connecting waters.
    ``(c) Review of Proposals.--
            ``(1) Establishment of committee.--There is established the 
        Great Lakes Fish and Wildlife Restoration Proposal Review 
        Committee.
            ``(2) Membership and appointment.--The Committee shall 
        operate under the auspices of the Council of Lake Committees, 
        and consist of representatives of all State Directors and 
        federally recognized Indian Tribes with Great Lakes fish and 
        wildlife management authority in the Basin. State Directors and 
        Tribal Chairs shall appoint their representatives, who shall 
        serve at the pleasure of the appointing authority. The Great 
        Lakes Coordinator of the United States Fish and Wildlife 
        Service shall participate as an observer of the Committee.
            ``(3) Functions.--The Committee shall annually review 
        proposals developed under the process established by subsection 
        (b) to assess their effectiveness and appropriateness in 
        fulfilling the purposes of this title and recommend to the 
        Director priorities for implementing the proposals.
    ``(d) Implementation of Proposals.--Considering the Committee's 
recommendations and the goals stated in section 1006, the Secretary 
shall select proposals to be implemented and, within available 
appropriations, shall fund their implementation.
    ``(e) Cost-Sharing.--
            ``(1) In general.--The Director shall require that 25 
        percent of the cost of implementing any proposal selected under 
        subsection (d), other than those involving the establishment of 
        sea lamprey barriers, must be paid by non-Federal sources on a 
        basis considered by the Director to be timely and appropriate.
            ``(2) In-kind contributions.--In addition to cash outlays, 
        the Director shall consider as financial contributions by a 
non-Federal source the value of in-kind contributions provided for the 
purpose of implementing a proposal. In-kind contributions may consist 
of, but are not required to be limited to, real or personal property or 
personal services necessary to implement a proposal that are rendered 
by volunteers. The Director shall establish the standards under which 
the value of in-kind contributions shall be determined. Valuations made 
by the Director under this paragraph are final and not subject to 
judicial review.
            ``(3) Exclusion of federal funds from non-federal share.--
        The Director may not consider the expenditure, either 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 section.''.

SEC. 7. MAINTENANCE OF OFFICES.

    Section 1007 (16 U.S.C. 941e) is amended--
            (1) by amending the section heading to read as follows:

``SEC. 1007. MAINTENANCE OF OFFICES.'';

            (2) in subsection (a) by striking the first sentence and 
        inserting the following: ``The Director shall maintain the 
        functions of the Great Lakes Coordination Office in East 
        Lansing, Michigan, for the purpose of coordinating all United 
        States Fish and Wildlife Service activities in the Great Lakes 
        Basin.'';
            (3) by amending subsection (b) to read as follows:
    ``(b) Great Lakes Fishery Resources Offices.--The Director shall 
maintain the Upper Great Lakes Fishery Resources Office and the Lower 
Great Lakes Fishery Resources Office. The Director shall provide each 
of these offices the necessary administrative and technical support 
services to carry out all United States Fish and Wildlife Service 
operational activities related to fishery resource protection, 
restoration, maintenance, and enhancement in their respective 
regions.''; and
            (4) by striking subsection (c).

SEC. 8. REPORTS TO CONGRESS.

    Section 1008 (16 U.S.C. 941f) is amended to read as follows:

``SEC. 1008. REPORTS TO CONGRESS.

    ``The Director shall submit a report within 6 months after the end 
of every second fiscal year to the Committee on Resources of the House 
of Representatives and the Committee on Environment and Public Works of 
the Senate. The first such biennial report shall be submitted by April 
1, 1998. Each such report shall describe--
            ``(1) actions taken to implement the process established by 
        section 1005;
            ``(2) the results of proposals implemented under section 
        1005; and
            ``(3) activities undertaken and progress toward the 
        accomplishment of the goals stated in section 1006.''.

SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS.

    Section 1009 (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 operation of the Great Lakes Coordination 
        Office, the Upper Great Lakes Fishery Resources Office, and the 
        Lower Great Lakes Fishery Resources Office under section 1007, 
        $1,500,000 for each of fiscal years 1998 through 2002; and
            ``(2) for implementation of fish and wildlife restoration 
        proposals under section 1005(c), $3,500,000 for each of fiscal 
        years 1996 through 2002.''.

SEC. 10. TECHNICAL CORRECTION.

    Title II of Public Law 101-646 (104 Stat. 4773) is repealed.
                                 <all>
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