§ 931. Definitions

As used in this chapter, the term—

• (a) “Convention” means the Convention on Great Lakes Fisheries between the United States of America and Canada signed at Washington, September 10, 1954 ;
• (b) “Commission” means the Great Lakes Fishery Commission provided for by article II of the convention;
• (c) “United States Section” means the United States Commissioners on the Commission;
• (d) “Great Lakes State” means any of the following States: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin;
• (e) “Great Lakes” means any of the following bodies of water: Lake Ontario (including the Saint Lawrence River from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, or Lake Superior.

§ 932. Commissioners; appointment, number, and compensation; term of office; vacancy

• (a)
  • (1) The United States shall be represented on the Commission by 4 Commissioners who shall be appointed by the President and who may not receive compensation for service as Commissioners. Of the Commissioners—
    • (A) 1 shall be an official of the United States Government; and
    • (B) 3 shall be individuals who reside in different Great Lakes States and who are knowledgeable regarding the fisheries of the Great Lakes, except that 1 of them must also be an official of 1 1 So in original. Probably should be followed by “a”. Great Lakes State.
  • (2) The President shall appoint an alternate Commissioner who shall perform the duties of a Commissioner—
    • (A) until a vacancy referred to in subsection (b)(3) is filled; and
    • (B) in the event of the absence of a Commissioner from any meeting of the United States Section or the Commission.
  • (3) Individuals serving as such Commissioners shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.
• (b)
  • (1) Except as provided in paragraph (2), the term of office of Commissioners appointed under subsection (a)(1)(B) is 6 years.
  • (2) Of the Commissioners first appointed under subsection (a)(1)(B) after November 14, 1986 , 1 shall be appointed for a term of 2 years, 1 shall be appointed for a term of 4 years, and 1 shall be appointed for a term of 6 years.
  • (3) Whenever a vacancy occurs among Commissioners appointed under subsection (a)(1)(B), the President shall appoint an individual to fill that vacancy for the remainder of the applicable term.

§ 933. Advisory Committee

• (a) The United States Section shall appoint an advisory committee for each of the Great Lakes, upon which committee each State bordering on the lake may be represented by not more than four members. In making such appointments, the United States Section shall make its selection for each State from a list proposed by the Governor of that State; and shall give due consideration to the interests of—
  • (1) State agencies having jurisdiction over fisheries;
  • (2) the commercial fishing industry of the lake;
  • (3) the sports fishing of the lake; and
  • (4) the public at large.
• (b) A member of the advisory committee for one lake may also be a member of the advisory committee for one or more other lakes.
• (c) The members of the advisory committee shall receive no compensation from the Government of the United States for their services as such members. Not more than ten members of all the committees, designated by the committees and approved by the United States Section, may be paid by the Government of the United States for transportation expenses and per diem incident to attendance at the annual meeting of the Commission or of the United States Section.
• (d) The members of the advisory committee for each lake shall be invited to attend all nonexecutive meetings of the United States Section relating to that lake and at such meetings shall be granted opportunity to examine and be heard on all proposed recommendations, programs, and activities relating to that lake.

§ 935. Acquisition of real property; construction and operation of lamprey control works; entry into agreements for construction and operation of works

In order to carry out the obligations of the United States under the Convention, the United States Section is authorized—

• (a) to acquire any real property, or any interest therein, by purchase, exchange, gift, dedication, condemnation, or otherwise;
• (b) to construct, operate, and maintain any project or works designed to facilitate compliance with the provisions of the Convention relating to the sea lamprey control program; and
• (c) to enter into contract or agreement with any State or other public agency or private agency or individual for the construction, operation, or maintenance of any such project or works.

§ 936. Secretary of the Interior; authority to transfer lamprey control projects and act on behalf of United States Section

The Secretary of the Interior is authorized, upon the request of the United States Section—

• (a) to transfer to the United States Section any lamprey control project or works under his jurisdiction now existing or now under construction; and
• (b) to act for or on behalf of the United States Section in the exercise of the powers granted by this chapter.

§ 937. United States Section as agency of United States

The United States Section shall, for the purposes of these 1 1 So in original. Probably should be “those”. provisions of title 28, relating to claims against the United States and tort claims procedure, be deemed to be an agency of the United States.

§ 938. Notice of proposals

At least thirty days before approving a proposal to utilize a lamprey control measure or install a device in any stream, the United States Section shall cause notice of such proposal to be sent to the official agency having jurisdiction over fisheries in each of the States through which the stream flows.

§ 939. Transmission of recommendations

The Secretary of State shall upon the receipt from the Commission of any recommendation of a conservation measure made in accordance with article IV of the Convention transmit a copy of the recommendation with his comments thereon to the Governor of each Great Lakes State for consideration and such action as may be found to be appropriate. The Secretary of State shall also inform such other public agencies as he may deem appropriate.

§ 939a. Cooperation with other agencies

Any agency of the United States Government is authorized to cooperate with the United States Section in the conduct of research programs and related activities and, on a reimbursable or other basis, to enter into agreements with the United States Section for the purpose of assisting it in carrying out the program for the control of lamprey populations.

§ 939b. State laws and regulations

Nothing in this chapter shall be construed as preventing any of the Great Lakes States from making or enforcing laws or regulations within their respective jurisdictions so far as such laws or regulations do not conflict with the Convention or this chapter.

§ 939c. Authorization of appropriations

There is hereby authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this chapter.

§ 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.

§ 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.

§ 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.

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

• (a) 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)
  • (1) 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) 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;
      • (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) 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)
  • (1) 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)
    • (A) 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) Each representative shall serve at the pleasure of the appointing State Director or Tribal Chair.
    • (C) The United States Fish and Wildlife Service shall participate as an observer of the Committee.
    • (D) 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) 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)
  • (1) 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) 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)
  • (1)
    • (A) 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.
    • (B) 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.
  • (2)
    • (A) The 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)
      • (i) 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—
        • (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) With 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—
    • (C)
      • (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).
      • (ii) The costs referred to in clause (i) may include cash, in-kind contributions, and indirect costs.
      • (iii) 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).
  • (3) 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.
  • (4) 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.
  • (5) 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 1 See References in Text note below.

§ 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.

§ 941e. Establishment of offices

• (a)
  • (1) The Director shall establish an office with necessary administrative and technical support services to carry out all United States Fish and Wildlife Service operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the lower Great Lakes.
  • (2) The office shall be known as the “Lower Great Lakes Fish and Wildlife Conservation Office”, and shall be centrally located in the lower Great Lakes so as to facilitate fishery resource restoration and enhancement activities relating to the lower Great Lakes.
  • (3) The responsibilities of the Lower Great Lakes Fish and Wildlife Conservation Office shall include operational activities of the United States Fish and Wildlife Service related to fishery resource protection, restoration, maintenance, and enhancement in the Lower Great Lakes.
• (b)
  • (1) The Director shall establish one or more offices with necessary administrative and technical support services to carry out United States Fish and Wildlife Service operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the upper Great Lakes.
  • (2) Each of the offices shall be known as an “Upper Great Lakes Fish and Wildlife Conservation Office”, and shall be appropriately located so as to facilitate fishery resource activities in the upper Great Lakes.
  • (3) The responsibilities of the Upper Great Lakes Fish and Wildlife Conservation Offices shall include operational activities of the United States Fish and Wildlife Service related to fishery resource protection, restoration, maintenance, and enhancement in the Upper Great Lakes.

§ 941f. Reports

• (a) Not later than December 31, 2021 , the Director shall submit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report 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 ; and
  • (3) progress toward the accomplishment of the goals specified in section 941d of this title .
• (b) For each of fiscal years 2016 through 2020, 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).
• (c) 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.

§ 941g. Authorization of appropriations

• (a) There are authorized to be appropriated to the Director for each of fiscal years 2016 through 2021—
  • (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 5 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) No funds appropriated or used to carry out this chapter may be used for acquisition by the Federal Government of any interest in land.

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

• (a) In this section:
  • (1) The term “Director” means the Director of the United States Geological Survey.
  • (2) The term “Great Lakes Basin” means the air, land, water, and living organisms in the United States within the drainage basin of the Saint Lawrence River at and upstream from the point at which such river and the Great Lakes become the international boundary between Canada and the United States.
• (b) 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.
• (c)
  • (1) The Director may conduct monitoring, assessment, science, and research, in support of the binational fisheries within the Great Lakes Basin.
  • (2) 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
    • (C) consult with other interested entities groups, including academia and relevant Canadian agencies.
  • (3) 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;
    • (C) fish movement and behavior investigations;
    • (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) Nothing in this section is intended or shall be construed to impede, supersede, or alter the authority of the Great Lakes Fishery Commission, States, and Indian tribes under the Convention on Great Lakes Fisheries between the United States of America and Canada on September 10, 1954 , and the Great Lakes Fishery Act of 1956 ( 16 U.S.C. 931 et seq.).
• (d) For each of fiscal years 2021 through 2025, there is authorized to be appropriated $15,000,000 to carry out this section.

§ 943. Tissue bank

• (a) The Secretary shall coordinate existing facilities for the storage, preparation, examination, and archiving of tissues from selected Great Lakes fish and wildlife, which shall be known as the “Great Lakes Fish and Wildlife Tissue Bank”.
• (b) The Secretary shall, in consultation with appropriate Federal and State agencies and the Council of Great Lakes Research Managers, issue guidance, after an opportunity for public review and comment, for Great Lakes fish and wildlife tissue collection, preparation, archiving, quality control procedures, and access that will ensure—
  • (1) appropriate uniform methods and standards for those activities to provide confidence in Great Lakes fish and wildlife tissue samples used for research;
  • (2) documentation of procedures used for collecting, preparing, and archiving those samples; and
  • (3) appropriate scientific use of the tissues in the Great Lakes Fish and Wildlife Tissue Bank.

§ 943a. Data base

• (a) The Secretary shall maintain a central data base which provides an effective means for tracking and assessing relevant reference data on Great Lakes fish and wildlife, including data on tissues collected for and maintained in the Great Lakes Fish and Wildlife Tissue Bank.
• (b) The Secretary shall establish criteria, after an opportunity for public review and comment, for access to the data base which provides for appropriate use of the information by the public.

§ 943b. Definitions

In this chapter—

• (1) “Secretary” means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
• (2) “Great Lakes fish and wildlife” means fauna, fish, and invertebrates dependent on Great Lakes resources, and located within the Great Lakes Basin.

§ 943c. Authorization of appropriations

There is authorized to be appropriated to the Secretary, $250,000 for each of fiscal years 1993 and 1994 to carry out this chapter.