H. R. 1481
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
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 1998’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the Great Lakes Fishery Resources Restoration Study,
for which a report was submitted to Congress in 1995, was
a comprehensive study of the status, 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, 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 signifi-
cant 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 currently funded
but are considered essential to meet goals and objectives
in managing the resources 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, 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Public Law 101–646 (104 Stat. 4773), is repealed.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—
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(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 redesignated) 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 paragraph (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), respectively;
(3) by moving paragraph (14) (as redesignated by paragraph
(2)) to the end of the section;
(4) in paragraph (9) (as redesignated by paragraph (2)),
by striking ‘‘plant or animal’’ and inserting ‘‘plant, animal,
or other organism’’;
(5) by inserting after paragraph (1) the following:
‘‘(2) the term ‘Committee’ means the Great Lakes Fish
and Wildlife Restoration Proposal Review Committee estab-
lished by section 1005(c);’’;
(6) by inserting after paragraph (7) (as redesignated by
paragraph (2)) the following:
‘‘(8) the term ‘non-Federal source’ includes a State govern-
ment, local government, Indian tribe, other non-Federal govern-
mental entity, private entity, and individual;’’;
(7) by inserting after paragraph (9) (as redesignated 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 rehabilitation and
maintenance of the structure, function, diversity, and dynamics
of a biological system, including reestablishment of self-sustain-
ing populations of fish and wildlife;’’;
(8) in paragraph (12) (as redesignated by paragraph (2)),
by striking ‘‘and’’ at the end; and
(9) in paragraph (13) (as redesignated by paragraph (2)),
by striking the period at the end and inserting ‘‘; and’’.
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:
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‘‘SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF
PROPOSALS.
‘‘(a) IN GENERAL.—The Director, in consultation with the
Committee, shall encourage the development 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
DIRECTOR.—The Director 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 proposal 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 Nuisance 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 formu-
lation and implementation 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 representatives, who shall serve
at the pleasure of the appointing authority.
‘‘(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 at least annually—
‘‘(A) review proposals developed in accordance with
subsection (b) to assess their effectiveness and appropriate-
ness in fulfilling the purposes of this title; and
‘‘(B) recommend to the Director any of those proposals
that should be funded and implemented under this section.
‘‘(d) 
IMPLEMENTATION
OF
PROPOSALS.—After 
considering
recommendations of the Committee and the goals specified in sec-
tion 1006, the Director shall select proposals to be implemented
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and, subject to the availability of appropriations and subsection
(e), fund implementation of the proposals. In selecting and funding
proposals, the Director shall take into account the effectiveness
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 Director 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 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 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 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—
‘‘(1) for the activities of the Great Lakes Coordination Office
in East Lansing, Michigan, of the Upper Great Lakes Fishery
Resources Office, and of the Lower Great Lakes Fishery
Resources Office under section 1007, $3,500,000 for each of
fiscal years 1999 through 2004; and
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‘‘(2) for implementation of fish and wildlife restoration
proposals selected by the Director under section 1005(d),
$4,500,000 for each of fiscal years 1999 through 2004, of which
no funds shall be available for costs incurred in administering
the proposals.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.