16 USC 941 - Identification, review, and implementation of proposals and regional projects

Collapse to view only § 941c. Identification, review, and implementation of proposals and regional projects

§ 941. Findings
§ 941a. Purpose
§ 941b. Definitions
§ 941c. Identification, review, and implementation of proposals and regional projects
§ 941d. Goals of United States Fish and Wildlife Service programs related to Great Lakes fish and wildlife resources
§ 941e. Establishment of offices
§ 941f. Reports
§ 941g. Authorization of appropriations
§ 941h. Great Lakes monitoring, assessment, science, and research

§ 941. Findings

Congress finds that—

(1) the Great Lakes have fish and wildlife communities that are structurally and functionally changing;

(2) successful fish and wildlife management focuses on the lakes as ecosystems, and effective management requires the coordination and integration of efforts of many partners;

(3) additional actions and better coordination are needed to protect and effectively manage the fish and wildlife resources, and the habitats on which the resources depend, in the Great Lakes Basin; and

(4) this chapter allows Federal agencies, States, and Indian tribes to work in an effective partnership by providing the funding for restoration work.

(Pub. L. 101–537, title I, § 1002, as added Pub. L. 114–322, title III, § 3901(b), Dec. 16, 2016, 130 Stat. 1848.)

§ 941a. Purpose

The purposes of this chapter are—

(1) to develop and implement proposals for the restoration of fish and wildlife resources in the Great Lakes Basin; and

(2) to provide assistance to the Great Lakes Fisheries Commission, States, Indian Tribes, and other interested entities to encourage cooperative conservation, restoration and management of the fish and wildlife resources and their habitat in the Great Lakes Basin.

(Pub. L. 101–537, title I, § 1003, Nov. 8, 1990, 104 Stat. 2371; Pub. L. 101–646, title II, § 2003, Nov. 29, 1990, 104 Stat. 4774; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105–265, §§ 3(b), 4, Oct. 19, 1998, 112 Stat. 2358.)

§ 941b. Definitions

In this chapter—

(1) the term “Committee” means the Great Lakes Fish and Wildlife Restoration Proposal Review Committee established by section 941c(c) of this title;

(2) the term “Director” means the Director of the United States Fish and Wildlife Service;

(3) the term “Great Lakes Basin” means the air, land, water, and living organisms within the drainage basin of the Saint Lawrence River at or upstream from the point at which the river becomes the international boundary between Canada and the United States;

(4) the term “Indian Tribe” means any Indian tribe, band, village, nation, or other organized group or community that is recognized by the Bureau of Indian Affairs as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and that has Great Lakes fish and wildlife management authority in the Great Lakes Basin;

(5) the term “lower Great Lakes” means the region in which is located that portion of the Great Lakes Basin which is downstream from the confluence of the Saint Clair River and Lake Huron near Port Huron, Michigan;

(6) the term “non-Federal source” includes a State government, local government, Indian tribe, other non-Federal governmental entity, private entity, and individual;

(7) the term “nonindigenous species” means a species of plant, animal, or other organism that did not occur in the Great Lakes Basin before European colonization of North America;

(8) the term “regional project” means authorized activities of the United States Fish and Wildlife Service related to fish and wildlife resource protection, restoration, maintenance, and enhancement impacting multiple States or Indian Tribes with fish and wildlife management authority in the Great Lakes basin;

(9) 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;

(10) the term “restoration” means rehabilitation and maintenance of the structure, function, diversity, and dynamics of a biological system, including reestablishment of self-sustaining populations of fish and wildlife;

(11) the term “State Director” means the head of the agency, department, board, commission, or other governmental entity of each of the States of New York, Ohio, Indiana, Illinois, Michigan, Wisconsin, Minnesota, and the Commonwealth of Pennsylvania which is responsible for the management and conservation of the fish and wildlife resources of that State; and

(12) the term “upper Great Lakes” means that portion of the Great Lakes Basin which is upstream from the confluence of the Saint Clair River and Lake Huron near Port Huron, Michigan.

(Pub. L. 101–537, title I, § 1004, Nov. 8, 1990, 104 Stat. 2371; Pub. L. 101–646, title II, § 2004, Nov. 29, 1990, 104 Stat. 4774; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105–265, §§ 3(b), 5, Oct. 19, 1998, 112 Stat. 2358, 2359; Pub. L. 109–326, § 3, Oct. 11, 2006, 120 Stat. 1761.)

§ 941c. Identification, review, and implementation of proposals and regional projects

(a) In generalSubject 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

(2) Requirements for proposals and regional projectsA 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;

(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);

(vii) the strategic action plan of the Great Lakes Restoration Initiative; and

(viii) each applicable State wildlife action plan.

(3) Sea lamprey authority

(1) Establishment of Committee

(2) Membership and appointment

(A) In generalThe 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

(D) Recusal

(3) FunctionsThe 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 generalAfter 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

(e) Cost sharing

(1) In general

(A) Non-Federal share

(B) Time period for providing match

(2) Authorized sources of non-Federal share

(A) In generalThe Director may determine the non-Federal share under paragraph (1) by taking into account—

(i) the appraised value of land or a conservation easement as described in subparagraph (B); or

(ii) as described in subparagraph (C), the costs associated with—(I) securing a conservation easement; and(II) restoration or enhancement of the conservation easement.

(B) Appraisal of conservation easement

(i) In generalThe value of a conservation easement may be used to satisfy the non-Federal share of the cost of implementing a proposal or regional project required under paragraph (1)(A) if the Director determines that the conservation easement—(I) meets the requirements of subsection (b)(2);(II) is acquired before the end of the grant period of the proposal or regional project;(III) is held in perpetuity for the conservation purposes of the programs of the United States Fish and Wildlife Service related to the Great Lakes Basin, as described in section 941d of this title, by an accredited land trust or conservancy or a Federal, State, or tribal agency;(IV) is connected either physically or through a conservation planning process to the proposal or regional project; and(V) is appraised in accordance with clause (ii).

(ii) AppraisalWith respect to the appraisal of a conservation easement described in clause (i)—(I) the appraisal valuation date shall be not later than 1 year after the price of the conservation easement was set under a contract; and(II) the appraisal shall—(aa) conform to the Uniform Standards of Professional Appraisal Practice (USPAP); and(bb) be completed by a Federal- or State-certified appraiser.

(i) In general

(ii) Inclusion

(iii) Exclusion

(3) Regional projects

(4) Exclusion of Federal funds from non-Federal share

(5) Effect on certain Indian tribes

(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; Pub. L. 114–322, title III, § 3901(c), Dec. 16, 2016, 130 Stat. 1848.)

§ 941d. Goals of United States Fish and Wildlife Service programs related to Great Lakes fish and wildlife resources

In administering programs of the United States Fish and Wildlife Service related to the Great Lakes Basin, the Director shall seek to achieve the following goals:

(1) Restoring and maintaining self-sustaining fish and wildlife resources.

(2) Minimizing the impacts of contaminants on fishery and wildlife resources.

(3) Protecting, maintaining, and, where degraded and destroyed, restoring fish and wildlife habitat, including the enhancement and creation of wetlands that result in a net gain in the amount of those habitats.

(4) Stopping illegal activities adversely impacting fishery and wildlife resources.

(5) Restoring threatened and endangered species to viable, self-sustaining levels.

(6) Protecting, managing, and conserving migratory birds.

(Pub. L. 101–537, title I, § 1006, Nov. 8, 1990, 104 Stat. 2373; Pub. L. 101–646, title II, § 2006, Nov. 29, 1990, 104 Stat. 4777; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105–265, § 3(b), Oct. 19, 1998, 112 Stat. 2358; Pub. L. 109–326, § 5, Oct. 11, 2006, 120 Stat. 1764.)

§ 941e. Establishment of offices

(a) Lower Great Lakes Fish and Wildlife Conservation Office

(1) In general

(2) Name and location

(3) Responsibilities

(b) Upper Great Lakes Fish and Wildlife Conservation Offices

(1) In general

(2) Name and location

(3) Responsibilities

(Pub. L. 101–537, title I, § 1007, Nov. 8, 1990, 104 Stat. 2374; Pub. L. 101–646, title II, § 2007, Nov. 29, 1990, 104 Stat. 4777; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105–265, § 3(b), Oct. 19, 1998, 112 Stat. 2358; Pub. L. 109–326, § 6, Oct. 11, 2006, 120 Stat. 1764; Pub. L. 114–322, title III, § 3901(d), Dec. 16, 2016, 130 Stat. 1850.)

§ 941f. Reports

(a) In general

Not later than December 31, 2021, and not later than December 31, 2027, the Director shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes, with respect to the period covered by the report—

(1) actions taken to solicit and review proposals under section 941c of this title;

(2) the results of proposals implemented under section 941c of this title; and

(3) progress toward the accomplishment of the goals specified in section 941d of this title.

(b) Public access to data

For each of fiscal years 2023 through 2028, the Director shall make available through a public access website of the Department information that describes—

(1) actions taken to solicit and review proposals under section 941c of this title;

(2) the results of proposals implemented under section 941c of this title;

(3) progress toward the accomplishment of the goals specified in section 941d of this title;

(4) the priorities proposed for funding in the annual budget process under this chapter; and

(5) actions taken in support of the Great Lakes Restoration Initiative Action Plan based on the recommendations of the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force).

The Director—

(1) shall continue to monitor the status, and the assessment, management, and restoration needs, of the fish and wildlife resources of the Great Lakes Basin; and

(2) may reassess and update, as necessary, the findings and recommendations of the Report.

(Pub. L. 101–537, title I, § 1008, Nov. 8, 1990, 104 Stat. 2374; Pub. L. 101–646, title II, § 2008, Nov. 29, 1990, 104 Stat. 4777; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105–265, §§ 3(b), 7, Oct. 19, 1998, 112 Stat. 2358, 2361; Pub. L. 109–326, § 7, Oct. 11, 2006, 120 Stat. 1765; Pub. L. 114–322, title III, § 3901(e), Dec. 16, 2016, 130 Stat. 1850; Pub. L. 117–287, § 2(a), Dec. 27, 2022, 136 Stat. 4363.)

§ 941g. Authorization of appropriations

(a) AuthorizationThere are authorized to be appropriated to the Director for each of fiscal years 2023 through 2028—

(1) $6,000,000 to implement fish and wildlife restoration proposals as selected by the Director under section 941c(e) of this title, of which—

(A) not more than the lesser of 33 1/3 percent or $2,000,000 may be allocated to implement regional projects by the United States Fish and Wildlife Service, as selected by the Director under section 941c(e) of this title; and

(B) the lesser of 3 percent or $300,000 shall be allocated to the United States Fish and Wildlife Service to cover costs incurred in administering the proposals by any entity; and

(2) $2,000,000, which shall be allocated for the activities of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 941e of this title.

(b) Prohibition on use of funds for Federal acquisition of interests in land

(Pub. L. 101–537, title I, § 1009, Nov. 8, 1990, 104 Stat. 2374; Pub. L. 101–646, title II, § 2009, Nov. 29, 1990, 104 Stat. 4778; Pub. L. 104–332, § 2(h)(1), (2), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105–265, §§ 3(b), 8, Oct. 19, 1998, 112 Stat. 2358, 2361; Pub. L. 109–326, § 9, Oct. 11, 2006, 120 Stat. 1766; Pub. L. 114–322, title III, § 3901(f), (g), Dec. 16, 2016, 130 Stat. 1850, 1851; Pub. L. 117–287, § 2(b), (c), Dec. 27, 2022, 136 Stat. 4363, 4364.)

§ 941h. Great Lakes monitoring, assessment, science, and research

(a) Definitions

In this section:

(1) Director

(2) Great Lakes Basin

(b) Findings

Congress finds the following:

(1) The Great Lakes support a diverse ecosystem, on which the vibrant and economically valuable Great Lakes fisheries depend.

(2) To continue successful fisheries management and coordination, as has occurred since signing of the Convention on Great Lakes Fisheries between the United States and Canada on September 10, 1954, management of the ecosystem and its fisheries require sound, reliable science, and the use of modern scientific technologies.

(3) Fisheries research is necessary to support multi-jurisdictional fishery management decisions and actions regarding recreational and sport fishing, commercial fisheries, tribal harvest, allocation decisions, and fish stocking activities.

(4) President Richard Nixon submitted, and the Congress approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring science activities and management of marine fisheries to the National Oceanic and Atmospheric Administration.

(5) Reorganization Plan No. 4 expressly excluded fishery research activities within the Great Lakes from the transfer, retaining management and scientific research duties within the already-established jurisdictions under the 1954 Convention on Great Lakes Fisheries, including those of the Great Lakes Fishery Commission and the Department of the Interior.

(1) In general

(2) Specific authorities

The Director shall, under paragraph (1)—

(A) execute a comprehensive, multi-lake, freshwater fisheries science program;

(B) coordinate with and work cooperatively with regional, State, tribal, and local governments; and

(3) Included research

To properly serve the needs of fisheries managers, monitoring, assessment, science, and research under this section may include—

(A) deepwater ecosystem sciences;

(B) biological and food-web components;

(D) fish population structures;

(E) fish habitat investigations;

(F) invasive species science;

(G) use of existing, new, and experimental biological assessment tools, equipment, vessels, other scientific instrumentation and laboratory capabilities necessary to support fishery management decisions; and

(H) studies to assess impacts on Great Lakes Fishery resources.

(4) Savings clause

(d) Authorization of appropriations

(Pub. L. 116–94, div. P, title II, § 201, Dec. 20, 2019, 133 Stat. 3184.)