I
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 Restora-
tion 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 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 1996’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Great Lakes Fishery Resources Res-
toration 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, In-
dian tribes, and the Great Lakes Fishery Commis-
sion.
(2) This study found the following:
(A) Physical changes to the Great Lakes
through dredging, construction of hydroelectric
and other dams, stone revetment projects, clear-
ing of shoreline vegetation, and increased agri-
culture have altered habitats, fish spawning
mortality, erosion, sedimentation, oxygen levels,
contaminant transport, nutrient loading, and
aesthetic character. Combined effects of over-
exploitation, habitat impairment, and destabiliz-
ing effects of nonindigenous species are respon-
sible for most of the decline of native fishes in
the Great Lakes. Physical changes to the near-
shore environments, riverine tributaries, and
wetlands by development projects have affected
those species relying on these habitats for criti-
cal 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, breed-
ing, nesting, rearing and feeding, and rehabili-
tating degraded habitats to be utilized by a di-
verse community.
(C) Working under the cooperatively devel-
oped guidance of the Strategic Plan for Man-
agement of the Great Lakes Fisheries, pub-
lished 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 to-
ward the goal of restoring a healthy fish com-
munity to the Great Lakes. Differences in man-
date, perception of priorities, and style of man-
agement create major institutional impediments
to systematic and comprehensive coordination
of ecosystem management. Many of the current
problems are, in fact, the unintended con-
sequences of uncoordinated management of
water quality, fisheries, shipping, and human
developments in the Great Lakes Basin. Con-
cepts of responsible resource use and manage-
ment and biological conservation should not be
at odds, but should be integrated via partner-
ships to meet future needs. Information ex-
change and cross-program forums should be es-
tablished to encourage management. Setting of
specific management goals is central to the co-
ordination of management efforts. Fishery man-
agers should increase their involvement with the
Binational Program, Remedial Action Plans,
Lake-Wide Management Plans, and the Envi-
ronmental 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 redesig-
nated, 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 ani-
mal’’ and inserting ‘‘plant, animal, or microorga-
nism’’;
(3) in paragraph (9) by striking ‘‘and’’ after
the semicolon at the end, in paragraph (10) by strik-
ing 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 follow-
ing new paragraph:
‘‘(9) the term ‘restoration’ means to rehabilitate
and maintain the structure, function, diversity, and
dynamics of a biological system, including the rees-
tablishment 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 Re-
view 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 in-
dividuals.’’.
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 IMPLEMENTA-
TION 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 ap-
propriations, the highest priority proposals are imple-
mented.
‘‘(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 pro-
posals based on the results of the Study or other sources
such as recommendations of the Council of Lake Commit-
tees 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 Qual-
ity Agreement, as revised in 1987, the 1954 Convention
on Great Lakes Fisheries, State and Tribal fishery man-
agement 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 var-
ious joint ventures established under that plan. Notwith-
standing any other provision of law, the Great Lakes Fish-
ery Commission shall retain authority and responsibility
for formulation and implementation of a comprehensive
program for eradicating or minimizing sea lamprey popu-
lations in the Great Lakes Basin. The Secretary of the
Army may, upon request of the Great Lakes Fishery Com-
mission, construct and improve water resources projects
related to sea lamprey management that improve the qual-
ity 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 rep-
resentatives of all State Directors and federally rec-
ognized Indian Tribes with Great Lakes fish and
wildlife management authority in the Basin. State
Directors and Tribal Chairs shall appoint their rep-
resentatives, 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 annu-
ally review proposals developed under the process es-
tablished by subsection (b) to assess their effective-
ness and appropriateness in fulfilling the purposes of
this title and recommend to the Director priorities
for implementing the proposals.
‘‘(d) IMPLEMENTATION OF PROPOSALS.—Consider-
ing the Committee’s recommendations and the goals stat-
ed 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 pro-
posal selected under subsection (d), other than those
involving the establishment of sea lamprey barriers,
must be paid by non-Federal sources on a basis con-
sidered 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 im-
plementing 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 volun-
teers. 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 con-
sider the expenditure, either directly or indirectly, of
Federal funds received by a State or local govern-
ment 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 sen-
tence and inserting the following: ‘‘The Director
shall maintain the functions of the Great Lakes Co-
ordination 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 fol-
lows:
‘‘(b) GREAT
LAKES
FISHERY
RESOURCES
OF-
FICES.—The Director shall maintain the Upper Great
Lakes Fishery Resources Office and the Lower Great
Lakes Fishery Resources Office. The Director shall pro-
vide 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 Sen-
ate. The first such biennial report shall be submitted by
April 1, 1998. Each such report shall describe—
‘‘(1) actions taken to implement the process es-
tablished 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 Di-
rector—
‘‘(1) for the operation of the Great Lakes Co-
ordination Office, the Upper Great Lakes Fishery
Resources Office, and the Lower Great Lakes Fish-
ery Resources Office under section 1007, $1,500,000
for each of fiscal years 1998 through 2002; and
‘‘(2) for implementation of fish and wildlife res-
toration 
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.
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