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42 U.S.C. § 1962–4 — Great Lakes fishery and ecosystem restoration

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1962–4 — Great Lakes fishery and ecosystem restoration

**(a) Findings** Congress finds that— (1) the Great Lakes comprise a nationally and internationally significant fishery and ecosystem; (2) the Great Lakes fishery and ecosystem should be developed and enhanced in a coordinated manner; and (3) the Great Lakes fishery and ecosystem provides a diversity of opportunities, experiences, and beneficial uses. **(b) Definitions** In this section, the following definitions apply: (1) **Great Lake** (A) *In general* — The term “Great Lake” means Lake Superior, Lake Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and Lake Ontario (including the St. Lawrence River to the 45th parallel of latitude). (B) *Inclusions* — The term “Great Lake” includes any connecting channel, historically connected tributary, and basin of a lake specified in subparagraph (A). (2) **Great Lakes Commission** — The term “Great Lakes Commission” means the Great Lakes Commission established by the Great Lakes Basin Compact (82 Stat. 414). (3) **Great Lakes Fishery Commission** — The term “Great Lakes Fishery Commission” has the meaning given the term “Commission” in [section 931 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section931&num=0&edition=prelim). (4) **Great Lakes State** — The term “Great Lakes State” means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin. **(c) Great Lakes fishery and ecosystem restoration** (1) **Support plan** (A) *In general* — Not later than 1 year after December 11, 2000, the Secretary shall develop a plan for activities of the Corps of Engineers that support the management of Great Lakes fisheries. (B) *Use of existing documents* — To the maximum extent practicable, the plan shall make use of and in

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Stable record: federal_law:legal_authorities:record_usc_88ec43f8efe28fb9cf9ce00f
Source file: Laws/federal/codes/united-states-code/title-42/section-19624-great-lakes-fishery-and-ecosystem-restoration--6d84e3c147.md
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Passage SHA-256: 8e5948b25e7739b2152edf769038aea4e361202177e52db8e1d9498b5147f2c0

Source location: Title 42, Chapter 19B, § 1962–4; chapter-19b-water-resources-planning.md

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**(a) Findings** Congress finds that— (1) the Great Lakes comprise a nationally and internationally significant fishery and ecosystem; (2) the Great Lakes fishery and ecosystem should be developed and enhanced in a coordinated manner; and (3) the Great Lakes fishery and ecosystem provides a diversity of opportunities, experiences, and beneficial uses. **(b) Definitions** In this section, the following definitions apply: (1) **Great Lake** (A) *In general* — The term “Great Lake” means Lake Superior, Lake Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and Lake Ontario (including the St. Lawrence River to the 45th parallel of latitude). (B) *Inclusions* — The term “Great Lake” includes any connecting channel, historically connected tributary, and basin of a lake specified in subparagraph (A). (2) **Great Lakes Commission** — The term “Great Lakes Commission” means the Great Lakes Commission established by the Great Lakes Basin Compact (82 Stat. 414). (3) **Great Lakes Fishery Commission** — The term “Great Lakes Fishery Commission” has the meaning given the term “Commission” in [section 931 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section931&num=0&edition=prelim). (4) **Great Lakes State** — The term “Great Lakes State” means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin. **(c) Great Lakes fishery and ecosystem restoration** (1) **Support plan** (A) *In general* — Not later than 1 year after December 11, 2000, the Secretary shall develop a plan for activities of the Corps of Engineers that support the management of Great Lakes fisheries. (B) *Use of existing documents* — To the maximum extent practicable, the plan shall make use of and incorporate documents that relate to the Great Lakes and are in existence on December 11, 2000, such as lakewide management plans and remedial action plans. (C) *Cooperation* — The Secretary shall develop the plan in cooperation with— (i) the signatories to the Joint Strategic Plan for Management of the Great Lakes Fisheries; and (ii) other affected interests. (2) **Reconnaissance studies** — Before planning, designing, or constructing a project under paragraph (3), the Secretary shall carry out a reconnaissance study— (A) to identify methods of restoring the fishery, ecosystem, and beneficial uses of the Great Lakes; and (B) to determine whether planning of a project under paragraph (3) should proceed. (3) **Projects** — The Secretary shall plan, design, and construct projects to support the restoration of the fishery, ecosystem, and beneficial uses of the Great Lakes. (4) **Evaluation program** (A) *In general* — The Secretary shall develop a program to evaluate the success of the projects carried out under paragraph (3) in meeting fishery and ecosystem restoration goals. (B) *Studies* — Evaluations under subparagraph (A) shall be conducted in consultation with the Great Lakes Fishery Commission and appropriate Federal, State, and local agencies. (5) **Recreation features** — A project carried out pursuant to this subsection may include compatible recreation features as determined by the Secretary, except that the Federal costs of such features may not exceed 10 percent of the Federal ecosystem restoration costs of the project. **(d) Cooperative agreements** In carrying out this section, the Secretary may enter into a cooperative agreement with the Great Lakes Commission or any other agency established to facilitate active State participation in management of the Great Lakes. **(e) Relationship to other Great Lakes activities** No activity under this section shall affect the date of completion of any other activity relating to the Great Lakes that is authorized under other law. **(f) Cost sharing** (1) **Development of plan** — The Federal share of the cost of development of the plan under subsection (c)(1) shall be 65 percent. (2) **Project planning, design, construction, and evaluation** — Except for reconnaissance studies, the Federal share of the cost of planning, design, construction, and evaluation of a project under paragraph (3) or (4) of subsection (c) shall be 65 percent. (3) **Non-Federal share** (A) *Credit for land, easements, and rights-of-way* — The Secretary shall credit the non-Federal interest for the value of any land, easement, right-of-way, dredged material disposal area, or relocation provided for carrying out a project under subsection (c)(3). (B) *Form* — The non-Federal interest may provide up to 100 percent of the non-Federal share required under paragraphs (1) and (2) in the form of services, materials, supplies, or other in-kind contributions. (4) **Operation and maintenance** — The operation, maintenance, repair, rehabilitation, and replacement of projects carried out under this section shall be a non-Federal responsibility. (5) **Non-Federal interests** — In accordance with [section 1962d–5b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d-5b&num=0&edition=prelim), for any project carried out under this section, a non-Federal interest may include a private interest and a nonprofit entity.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 931

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2211 — “Secretary” defined

For purposes of this Act, the term “Secretary” means the Secretary of the Army.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2211

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2283 — Review of resiliency assessments

**(a) Resiliency assessment** (1) **In general** — Not later than 180 days after December 27, 2020, and in conjunction with the development of procedures under [section 1962–4 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962–4&num=0&edition=prelim), the Secretary is directed to review, and where appropriate, revise the existing planning guidance documents and regulations of the Corps of Engineers on the assessment of the effects of sea level rise or inland flooding on future water resources development projects to ensure that such guidance documents and regulations are based on the best available, peer-reviewed science and data on the current and future effects of sea level rise or inland flooding on relevant communities. (2) **Coordination** — In carrying out this subsection, the Secretary shall— (A) coordinate the review with the Engineer Research and Development Center, other Federal and State agencies, and other relevant entities; and (B) to the maximum extent practicable and where appropriate, utilize data provided to the Secretary by such agencies. **(b) Assessment of benefits from addressing sea level rise and inland flooding resiliency in feasibility reports** (1) **In general** — Upon the request of a non-Federal interest, in carrying out a feasibility study for a project for flood risk mitigation, hurricane and storm damage risk reduction, or ecosystem restoration under [section 2282 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282&num=0&edition=prelim), the Secretary shall consider whether the need for the project is predicated upon or exacerbated by conditions related to sea level rise or inland flooding. (2) **Addressing sea level rise and inland flooding

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2283

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