Subject to subsection (b)(2), 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.
A proposal or regional project under paragraph (1) shall be-
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.
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.
The Committee shall consist of 2 representatives of each of the State Directors and Indian Tribes, of whom-
Each representative shall serve at the pleasure of the appointing State Director or Tribal Chair.
The United States Fish and Wildlife Service shall participate as an observer of the Committee.
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.
The Committee shall-
After considering recommendations of the Committee and the goals specified in section 941d of this title, the Director shall-
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.
Except as provided in paragraphs (3) and (5) and subject to paragraph (2), not less than 25 percent of the cost of implementing a proposal or regional project 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.
The non-Federal share of the cost of implementing a proposal or regional project required under subparagraph (A) may be provided at any time during the 2-year period preceding January 1 of the year in which the Director receives the application for the proposal or regional project.
The Director may determine the non-Federal share under paragraph (1) by taking into account-
The 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-
With respect to the appraisal of a conservation easement described in clause (i)-
All costs associated with securing a conservation easement and restoration or enhancement of that 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 activities and expenses associated with securing the conservation easement and restoration or enhancement of that conservation easement meet the requirements of subparagraph (B)(i).
The costs referred to in clause (i) may include cash, in-kind contributions, and indirect costs.
The costs referred to in clause (i) may not be costs associated with mitigation or litigation (other than costs associated with the Natural Resource Damage Assessment program).
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.
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.
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.).1
1See References in Text note below.
16 U.S.C. § 941c
EDITORIAL NOTES
REFERENCES IN TEXTThe 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, 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)(5), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§5301 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
CODIFICATIONTitle 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).
AMENDMENTS2016-Subsec. (b)(2)(B)(vii), (viii). Pub. L. 114-322, §3901(c)(1), added cls. (vii) and (viii).Subsec. (c)(2)(C). Pub. L. 114-322, §3901(c)(2), struck out "Great Lakes Coordinator of the" before "United States Fish and Wildlife Service".Subsec. (e)(1). Pub. L. 114-322, §3901(c)(3)(A), designated exisiting provisions as subpar. (A) and inserted heading, substituted "Except as provided in paragraphs (3) and (5) and subject to paragraph (2), not less than 25 percent of the cost of implementing a proposal or regional project" for "Except as provided in paragraphs (2) and (4), not less than 25 percent of the cost of implementing a proposal", and added subpar. (B).Subsec. (e)(2) to (5). Pub. L. 114-322, §3901(c)(3)(B), (C), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. 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.
- Committee
- the term "Committee" means the Great Lakes Fish and Wildlife Restoration Proposal Review Committee established by section 941c(c) of this title;
- Director
- the term "Director" means the Director of the United States Fish and Wildlife Service;
- Great Lakes Basin
- 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;
- Indian Tribe
- 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;
- Report
- 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;
- State Director
- 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
- non-Federal source
- the term "non-Federal source" includes a State government, local government, Indian tribe, other non-Federal governmental entity, private entity, and individual;
- regional project
- 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;
- restoration
- 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;