II
Calendar No. 599
105TH CONGRESS
2D SESSION
H. R. 1481
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 24, 1998
Received; read twice and placed on the calendar
AN ACT
To amend the Great Lakes Fish and Wildlife Restoration
Act of 1990 to provide for implementation of rec-
ommendations of the United States Fish and Wildlife
Service contained in the Great Lakes Fishery Resources
Restoration Study.
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Be it enacted by the Senate and House of Representa-
tives 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 1998’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the Great Lakes Fishery Resources Res-
toration Study, for which a report was submitted to
Congress in 1995, was a comprehensive study of the
status, and the assessment, management, and res-
toration needs, of the fishery resources of the Great
Lakes Basin, and was conducted through the joint
effort of the United States Fish and Wildlife Serv-
ice, 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 bet-
ter coordination are needed to protect and ef-
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fectively manage the fisheries and related re-
sources in the Great Lakes Basin; and
(B) recommended actions that are not cur-
rently funded but are considered essential to
meet goals and objectives in managing the re-
sources 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 Wild-
life Restoration Act of 1990 is a reference to the Act en-
acted 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4773), is repealed.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 redesig-
nated) and inserting the following:
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‘‘(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 para-
graph (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), respec-
tively;
(3) by moving paragraph (14) (as redesignated
by paragraph (2)) to the end of the section;
(4) in paragraph (9) (as redesignated by para-
graph (2)), by striking ‘‘plant or animal’’ and insert-
ing ‘‘plant, animal, or other organism’’;
(5) by inserting after paragraph (1) the follow-
ing:
‘‘(2) the term ‘Committee’ means the Great
Lakes Fish and Wildlife Restoration Proposal Re-
view Committee established by section 1005(c);’’;
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(6) by inserting after paragraph (7) (as redesig-
nated 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 en-
tity, and individual;’’;
(7) by inserting after paragraph (9) (as redesig-
nated 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 Septem-
ber 13, 1995;
‘‘(11) the term ‘restoration’ means rehabilita-
tion and maintenance of the structure, function, di-
versity, and dynamics of a biological system, includ-
ing reestablishment of self-sustaining populations of
fish and wildlife;’’;
(8) in paragraph (12) (as redesignated by para-
graph (2)), by striking ‘‘and’’ at the end; and
(9) in paragraph (13) (as redesignated by para-
graph (2)), by striking the period at the end and in-
serting ‘‘; and’’.
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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 IMPLEMENTA-
TION OF PROPOSALS.
‘‘(a) IN GENERAL.—The Director, in consultation
with the Committee, shall encourage the development and,
subject to the availability of appropriations, the implemen-
tation of proposals based on the results of the Report.
‘‘(b) IDENTIFICATION OF PROPOSALS.—
‘‘(1) REQUEST BY THE DIRECTOR.—The Direc-
tor 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 pro-
posal 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
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Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.), and the North American Wa-
terfowl Management Plan and joint ventures estab-
lished under the plan.
‘‘(3) SEA
LAMPREY
AUTHORITY.—The Great
Lakes Fishery Commission shall retain authority
and responsibility for formulation and implementa-
tion 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 represent-
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atives, who shall serve at the pleasure of the ap-
pointing authority.
‘‘(C) OBSERVER.—The Great Lakes Coor-
dinator of the United States Fish and Wildlife
Service shall participate as an observer of the
Committee.
‘‘(D) RECUSAL.—A member of the Com-
mittee shall recuse himself or herself from con-
sideration of proposals that the member, or the
entity that the member represents, has submit-
ted.
‘‘(3) FUNCTIONS.—The Committee shall at
least annually—
‘‘(A) review proposals developed in accord-
ance with subsection (b) to assess their effec-
tiveness and appropriateness in fulfilling the
purposes of this title; and
‘‘(B) recommend to the Director any of
those proposals that should be funded and im-
plemented under this section.
‘‘(d) IMPLEMENTATION OF PROPOSALS.—After con-
sidering recommendations of the Committee and the goals
specified in section 1006, the Director shall select propos-
als to be implemented and, subject to the availability of
appropriations and subsection (e), fund implementation of
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the proposals. In selecting and funding proposals, the Di-
rector shall take into account the effectiveness and appro-
priateness of the proposals in fulfilling the purposes of
other laws applicable to restoration of the fishery re-
sources 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 con-
sider the expenditure, directly or indirectly, of Fed-
eral 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 December 31, 2002, the Director shall submit
to the Committee on Resources of the House of Represent-
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available for costs incurred in administering the pro-
posals.’’.
Passed the House of Representatives September 23,
1998.
Attest:
ROBIN H. CARLE,
Clerk.
Calendar No. 599
105TH CONGRESS
2D SESSION
H. R. 1481
AN ACT
To amend the Great Lakes Fish and Wildlife Res-
toration Act of 1990 to provide for implementa-
tion of recommendations of the United States
Fish and Wildlife Service contained in the Great
Lakes Fishery Resources Restoration Study.
SEPTEMBER 24, 1998
Received; read twice and placed on the calendar