§ 941c. — Identification, review, and implementation of proposals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC941c]
TITLE 16--CONSERVATION
CHAPTER 15B--GREAT LAKES FISH AND WILDLIFE RESTORATION
Sec. 941c. 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 formulation 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) of this section to assess their effectiveness and
appropriateness in fulfilling the purposes of this chapter; 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 section 941d of this title, the Director shall select
proposals to be implemented and, subject to the availability of
appropriations and subsection (e) of this section, 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) of this section (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.
(Pub. L. 101-537, title I, Sec. 1005, Nov. 8, 1990, 104 Stat. 2372; Pub.
L. 101-646, title II, Sec. 2005, Nov. 29, 1990, 104 Stat. 4775; Pub. L.
104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105-265,
Secs. 3(b), 6, Oct. 19, 1998, 112 Stat. 2358, 2359.)
References in Text
The Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990, referred to in subsec. (b)(2), is title I of Pub. L. 101-646, Nov.
29, 1990, 104 Stat. 4761, which is classified principally to chapter 67
(Sec. 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.
Codification
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, Sec. 3(b).
Amendments
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,
Sec. 2005, which enacted this section.
Section Referred to in Other Sections
This section is referred to in sections 941b, 941f, 941g of this
title.
