§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, §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.)

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 (§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, §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, §2005, which enacted this section.

Section Referred to in Other Sections

This section is referred to in sections 941b, 941f, 941g of this title.