16 U.S.C. § 941c (CONSERVATION)
§ 941c. Identification, review, and implementation of proposals and regional projects
(a) In general
Subject to subsection (b)(2), the Director—
(1) shall encourage the development and, subject to the availability of appropriations, the implementation of fish and wildlife restoration proposals and regional projects based on the results of the Report; and
(2) in cooperation with the State Directors and Indian Tribes, shall identify, develop, and, subject to the availability of appropriations, implement regional projects in the Great Lakes Basin to be administered by Director in accordance with this section.
(b) Identification of proposals and regional projects
(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 in accordance with subsection (a), submit proposals or regional projects for the restoration of fish and wildlife resources.
(2) Requirements for proposals and regional projects
A proposal or regional project under paragraph (1) shall be—
(A) submitted in the manner and form prescribed by the Director; and
(B) consistent with—
(i) the goals of the Great Lakes Water Quality Agreement, as amended;
(ii) the 1954 Great Lakes Fisheries Convention;
(iii) the 1980 Joint Strategic Plan for Management of Great Lakes Fisheries, as revised in 1997, and Fish Community Objectives for each Great Lake and connecting water as established under the Joint Strategic Plan;
(iv) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.);
(v) the North American Waterfowl Management Plan and joint ventures established under the plan; and
(vi) the strategies outlined through the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force).
(3) Sea lamprey authority
The Great Lakes Fishery Commission shall retain authority and responsibility to formulate and implement a comprehensive program to eradicate or minimize 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 United States Fish and Wildlife Service.
(2) Membership and appointment
(A) In general
The Committee shall consist of 2 representatives of each of the State Directors and Indian Tribes, of whom—
(i) 1 representative shall be the individual appointed by the State Director or Indian Tribe to the Council of Lake Committees of the Great Lakes Fishery Commission; and
(ii) 1 representative shall have expertise in wildlife management.
(B) Appointments
Each representative shall serve at the pleasure of the appointing State Director or Tribal Chair.
(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—
(A) meet at least annually;
(B) review proposals and regional projects developed in accordance with subsection (b) to assess the effectiveness and appropriateness of the proposals and regional projects in fulfilling the purposes of this chapter; and
(C) recommend to the Director any of those proposals and regional projects that should be funded and implemented under this section.
(d) Implementation of proposals and regional projects
(1) In general
After considering recommendations of the Committee and the goals specified in section 941d of this title, the Director shall—
(A) select proposals and regional projects to be implemented; and
(B) subject to the availability of appropriations and subsection (e), fund implementation of the proposals and regional projects.
(2) Selection criteria
In selecting and funding proposals and regional projects, the Director shall take into account the effectiveness and appropriateness of the proposals and regional projects in fulfilling the purposes of other laws applicable to restoration of the fish and wildlife resources and habitat of the Great Lakes Basin.
(e) Cost sharing
(1) In general
Except as provided in paragraphs (2) and (4), not less than 25 percent of the cost of implementing a proposal selected under subsection (d) (excluding the cost of establishing sea lamprey barriers) shall be paid in cash or in-kind contributions by non-Federal sources.
(2) Regional projects
Regional projects selected under subsection (d) shall be exempt from cost sharing if the Director determines that the authorization for the project does not require a non-Federal cost-share.
(3) Exclusion of Federal funds from non-Federal share
The Director may not consider the expenditure, directly or indirectly, of Federal funds received by any entity to be a contribution by a non-Federal source for purposes of this subsection.
(4) Effect on certain Indian tribes
Nothing in this subsection affects an Indian tribe affected by an alternative applicable cost sharing requirement under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
(Pub. L. 101–537, title I, § 1005, Nov. 8, 1990, 104 Stat. 2372; Pub. L. 101–646, title II, § 2005, Nov. 29, 1990, 104 Stat. 4775; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105–265, §§ 3(b), 6, Oct. 19, 1998, 112 Stat. 2358, 2359; Pub. L. 109–326, § 4, Oct. 11, 2006, 120 Stat. 1762.)
heading: References in Text
text: The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, referred to in subsec. (b)(2)(B)(iv), is title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4761, which is classified principally to chapter 67 (§ 4701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of this title and Tables.
Executive Order 13340, referred to in subsec. (b)(2)(B)(vi), is Ex. Ord. No. 13340, May 18, 2004, 69 F.R. 29043, which is set out as a note under section 1268 of Title 33, Navigation and Navigable Waters.
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (e)(4), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§ 450 et seq.) of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.
heading: Codification
text: Title I of Pub. L. 101–537 and title II of Pub. L. 101–646 enacted substantially identical sections. Title II of Pub. L. 101–646 was repealed by Pub. L. 105–265, § 3(b).
heading: Amendments
text: 2006—Pub. L. 109–326 amended section generally. Prior to amendment, section related to identification, review, and implementation of proposals.
1998—Pub. L. 105–265 amended section generally, substituting present provisions for provisions requiring a Great Lakes fishery resources restoration study and development of proposals for implementing recommendations.
1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 2005, which enacted this section.