Union Calendar No. 411
105TH CONGRESS
2D SESSION
H. R. 1481
[Report No. 105–715]
A BILL
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 Restoration Study Report.
SEPTEMBER 15, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 411
105TH CONGRESS
2D SESSION
H. R. 1481
[Report No. 105–715]
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 Restora-
tion Study Report.
IN THE HOUSE OF REPRESENTATIVES
APRIL 29, 1997
Mr. LATOURETTE (for himself, Mr. OBERSTAR, Mr. EHLERS, Mr. DINGELL,
Mr. ENGLISH of Pennsylvania, Mr. STUPAK, Mr. QUINN, Mr. DAVIS of
Illinois, Mr. OXLEY, Ms. RIVERS, Ms. KAPTUR, Mr. BROWN of Ohio, Mr.
BARCIA, Mr. KILDEE, Mr. EVANS, Mr. WELLER, Mr. KUCINICH, Mr.
JOHNSON of Wisconsin, and Mr. LAFALCE) introduced the following bill;
which was referred to the Committee on Resources
SEPTEMBER 15, 1998
Additional sponsors: Mr. BONIOR, Mr. WALSH, Mr. GILCHREST, Mr. GUTIER-
REZ, Mr. GILLMOR, Mr. MCHUGH, Ms. STABENOW, Mr. SAWYER, and
Mr. NEY
SEPTEMBER 15, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 29, 1997]
A BILL
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 Restoration
Study Report.
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 Restora-
tion Study, for which a report was submitted to Con-
gress in 1995, was a comprehensive study of the sta-
tus, and the 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, In-
dian 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 better
coordination are needed to protect and effectively
manage the fisheries and related resources 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 Wildlife
Restoration Act of 1990 is a reference to the Act enacted
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, en-
acted 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 Res-
toration 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:
‘‘(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 Res-
toration 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), respectively;
(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 Review Com-
mittee established by section 1005(c);’’;
(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 entity,
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 September 13, 1995;
‘‘(11) the term ‘restoration’ means to rehabilitate
and maintain the structure, function, diversity, and
dynamics of a biological system, including reestab-
lishment 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’’.
SEC. 6. IDENTIFICATION, REVIEW, AND IMPLEMENTATION
OF PROPOSALS.
Section 1005 of the Great Lakes Fish and Wildlife Res-
toration 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 Secretary of the Interior, in
consultation with the Committee, shall encourage the devel-
opment and, subject to the availability of appropriations,
the implementation of proposals based on the results of the
Report.
‘‘(b) IDENTIFICATION OF PROPOSALS.—
‘‘(1) REQUEST BY THE SECRETARY OF THE IN-
TERIOR.—The Secretary of the Interior shall annu-
ally 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 re-
sources.
‘‘(2) REQUIREMENTS FOR PROPOSALS.—A pro-
posal under paragraph (1) shall be submitted in the
manner and form prescribed by the Secretary of the
Interior and shall be consistent with the goals of the
Great Lakes Water Quality Agreement, as revised in
1987, the 1954 Great Lakes Fisheries Convention,
fishery management jurisdictions, the 1980 Joint
Strategic Plan for the Management of Great Lakes
fishery resources, the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C.
4701 et seq.), and the North American Waterfowl
Management Plan and joint ventures established
under the plan.
‘‘(3) SEA
LAMPREY
AUTHORITY.—The Great
Lakes Fishery Commission shall retain authority and
responsibility for formulation and implementation of
a comprehensive program for eradicating or minimiz-
ing 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 Res-
toration Proposal Review Committee, which shall op-
erate under the authority and control of the Council
of Lake Committees of the Great Lakes Fishery Com-
mission.
‘‘(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 representatives,
who shall serve at the pleasure of the appointing
authority.
‘‘(C) OBSERVER.—The Great Lakes Coordi-
nator of the United States Fish and Wildlife
Service shall participate as an observer of the
Committee.
‘‘(D) RECUSAL.—A member of the Commit-
tee shall recuse himself or herself from consider-
ation of proposals that the member, or the entity
that the member represents, has submitted.
‘‘(3) FUNCTIONS.—The Committee shall at least
annually—
‘‘(A) review proposals developed in accord-
ance with subsection (b) to assess their effective-
ness and appropriateness in fulfilling the pur-
poses of this title; and
‘‘(B) make recommendations to the Council
of Lake Committees of the Great Lakes Fishery
Commission regarding priorities that should be
recommended by that commission under para-
graph (4).
‘‘(4) RECOMMENDATION
OF
PRIORITIES.—The
Council of Lake Committees of the Great Lakes Fish-
ery Commission, after reviewing recommendations
from the Committee under paragraph (2)(B), shall
recommend to the Secretary of the Interior priorities
for implementing the proposals.
‘‘(d) IMPLEMENTATION OF PROPOSALS.—After consid-
ering recommendations of the Council of Lake Committees
of the Great Lakes Fishery Commission and the goals speci-
fied in section 1006, the Secretary of the Interior shall select
proposals to be implemented and, subject to the availability
of appropriations and subsection (e), fund implementation
of the proposals. In selecting and funding proposals, the
Secretary of the Interior shall take into account the effec-
tiveness and appropriateness of the proposals in fulfilling
the purposes of other laws applicable to restoration of the
fishery resources 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 Secretary of the Interior may
not consider the expenditure, directly or indirectly, of
Federal funds received by a State or local government
to be a contribution by a non-Federal source for pur-
poses of this subsection.’’.
SEC. 7. REPORTS TO CONGRESS.
Section 1008 of the Great Lakes Fish and Wildlife Res-
toration Act of 1990 (16 U.S.C. 941f) is amended to read
as follows:
‘‘SEC. 1008. REPORTS TO CONGRESS.
‘‘On December 31, 2002, the Secretary of the Interior
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.’’.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 1009 of the Great Lakes Fish and Wildlife Res-
toration 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 Sec-
retary of the Interior—
‘‘(1) for the activities of the Great Lakes Coordi-
nation Office in East Lansing, Michigan, the Upper
Great Lakes Fishery Resources Office, and the Lower
Great Lakes Fishery Resources Office under section
1007, $3,500,000 for each of fiscal years 1999 through
2003; and
‘‘(2) for implementation of fish and wildlife res-
toration proposals selected by the Secretary of the In-
terior under section 1005(d), $4,500,000 for each of
fiscal years 1999 through 2003, of which none shall
be available for costs incurred in administering the
proposals.’’.
SEC. 9. ESTABLISHMENT OF MICHIGAN COOPERATIVE BIO-
LOGICAL RESOURCES DIVISION RESEARCH
UNIT.
(a) IN GENERAL.—The Secretary of the Interior shall
enter into a cooperative agreement under Public Law 95–
616 that establishes a cooperative research unit at the
Michigan State University Department of Fisheries and
Wildlife. The Secretary shall invite Michigan State Univer-
sity, the State of Michigan Department of Natural Re-
sources, and governmental agencies and other persons the
Secretary considers appropriate to prepare and enter into
a cooperative agreement under this section.
(b) CONTENT OF AGREEMENT.—A cooperative agree-
ment under this section shall—
(1) be designed to provide for enhanced training,
technical assistance, and research on fisheries, wild-
life, and natural resources in the Great Lakes region,
by establishing a cooperative research unit that facili-
tates these activities and serves as a liaison between
the Federal Government, the State of Michigan, and
State academic institutions including Michigan State
University and the University of Michigan;
(2) be administered under the Cooperative Re-
search Units program of the United States Geological
Survey in accordance with appropriate guidelines
and policies that apply to the operation of the pro-
gram, including with respect to contracting proce-
dures, supervision, and cost share arrangements de-
fining the contributions of each signatory to the
agreement; and
(3) require that Federal funds be used, at a min-
imum, to support the oversight activities of the re-
sponsible Federal official designated under subsection
(c).
(c) DESIGNATION OF RESPONSIBLE FEDERAL OFFI-
CIAL.—The Secretary of the Interior shall designate an in-
dividual employed in the Great Lakes Science Center of the
United States Geological Survey to be responsible for over-
seeing activities of a cooperative research unit established
under this section.
SEC. 10. ESTABLISHMENT OF A NEW JERSEY COOPERATIVE
BIOLOGICAL 
RESOURCES 
DIVISION 
RE-
SEARCH UNIT.
(a) IN GENERAL.—The Secretary of the Interior shall
seek to enter into a cooperative agreement under Public
Law 95–616 that establishes a cooperative research unit at
Rutgers University Institute of Marine and Coastal
Sciences. The Secretary shall invite Rutgers University and
the State of New Jersey Department of Environmental Pro-
tection to prepare and enter into a cooperative agreement
under this section.
(b) CONTENT OF AGREEMENT.—A cooperative agree-
ment under this section shall—
(1) be designed to provide for enhanced training,
technical assistance, and research focused on fisheries,
wildlife, and natural resources in the Mid-Atlantic re-
gion by establishing a cooperative research unit that
facilitates these activities; and
(2) be administered under the Cooperative Re-
search Units program of the United States Geological
Survey in accordance with appropriate guidelines
and policies that apply to the operation of the pro-
gram, including staffing, contracting procedures, su-
pervision, and cost share arrangements defining the
contributions of each signatory on the agreement.