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16 U.S.C. § 941c — Identification, review, and implementation of proposals and regional projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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) Identification of proposals and regional projects**
(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 in accordance with subsection (a), submit proposals or regional projects for the restoration of fish and wildlife resources.
(2) **Requirements for proposals and regional projects** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4701&num=0&edition=prelim) et seq.);
(v) the North American Waterfowl Management Plan and joint ventures established under the plan;
(vi) the strategies outl
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Stable record: federal_law:legal_authorities:record_usc_f108131b9cce37c7996faff6
Source file: Laws/federal/codes/united-states-code/title-16/section-941c-identification-review-and-implementation-of-proposals-and-regional-proje--aa40727911.md
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Source location: Title 16, Chapter 15B, § 941c; chapter-15b-great-lakes-fish-and-wildlife-restoration.md
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**(a) In general** 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) Identification of proposals and regional projects**
(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 in accordance with subsection (a), submit proposals or regional projects for the restoration of fish and wildlife resources.
(2) **Requirements for proposals and regional projects** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4701&num=0&edition=prelim) 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) **Sea lamprey authority** — 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) 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 United States Fish and Wildlife Service.
(2) **Membership and appointment**
(A) *In general* — 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) *Appointments* — Each representative shall serve at the pleasure of the appointing State Director or Tribal Chair.
(C) *Observer* — 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—
(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) Implementation of proposals and regional projects**
(1) **In general** — After considering recommendations of the Committee and the goals specified in [section 941d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941d&num=0&edition=prelim), 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) **Selection criteria** — 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) Cost sharing**
(1) **In general**
(A) *Non-Federal share* — 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) *Time period for providing match* — 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) **Authorized sources of non-Federal share**
(A) *In general* — 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) *Appraisal of conservation easement*
(i) *In general* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941d&num=0&edition=prelim), 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) *Appraisal* — 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—
(aa) conform to the Uniform Standards of Professional Appraisal Practice (USPAP); and
(bb) be completed by a Federal- or State-certified appraiser.
(C) *Costs of securing conservation easements*
(i) *In general* — 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) *Inclusion* — The costs referred to in clause (i) may include cash, in-kind contributions, and indirect costs.
(iii) *Exclusion* — 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** — 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) **Exclusion of Federal funds from non-Federal 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.
(5) **Effect on certain Indian tribes** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.).11 See References in Text note below.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) the discharge of untreated water in the ballast tanks of vessels and through other means results in unintentional introductions of nonindigenous species to fresh, brackish, and saltwater environments;
(2) when environmental conditions are favorable, nonindigenous species become established, may compete with or prey upon native species of plants, fish, and wildlife, may carry diseases or parasites that affect native species, and may disrupt the aquatic environment and economy of affected nearshore areas;
(3) the zebra mussel was unintentionally introduced into the Great Lakes and has infested—
(A) waters south of the Great Lakes, into a good portion of the Mississippi River drainage;
(B) waters west of the Great Lakes, into the Arkansas River in Oklahoma; and
(C) waters east of the Great Lakes, into the Hudson River and Lake Champlain;
(4) the potential economic disruption to communities affected by the zebra mussel due to its colonization of water pipes, boat hulls and other hard surfaces has been estimated at $5,000,000,000 by the year 2000, and the potential disruption to the diversity and abundance of native fish and other species by the zebra mussel and ruffe, round goby, and other nonindigenous species could be severe;
(5) the zebra mussel was discovered on Lake Champlain during 1993 and the opportunity exists to act quickly to establish zebra mussel controls before Lake Champlain is further infested and management costs escalate;
(6) in 1992, the zebra mussel was discovered at the northernmost reaches of the Chesapeake Bay watershed;
(7) the zebra mussel poses an imminent risk of invasion in the main waters of the Chesapeake Bay;
(8) since the Chesapeake Bay is the largest recipient of foreign ballast
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4701
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings, purpose, and definitions**
(1) **Findings** — The Congress finds that—
(A) the Great Lakes are a valuable national resource, continuously serving the people of the United States and other nations as an important source of food, fresh water, recreation, beauty, and enjoyment;
(B) the United States should seek to attain the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, with particular emphasis on goals related to toxic pollutants; and
(C) the Environmental Protection Agency should take the lead in the effort to meet those goals, working with other Federal agencies and State and local authorities.
(2) **Purpose** — It is the purpose of this section to achieve the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, through improved organization and definition of mission on the part of the Agency, funding of State grants for pollution control in the Great Lakes area, and improved accountability for implementation of such agreement.
(3) **Definitions** — For purposes of this section, the term—
(A) “Agency” means the Environmental Protection Agency;
(B) “Great Lakes” means Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Mary’s River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border);
(C) “Great Lakes System” means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes;
(D) “Program Office” means the Great Lakes National Program Office established
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1268
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 941d
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than December 31, 2021, and not later than December 31, 2027, the Director shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes, with respect to the period covered by the report—
(1) actions taken to solicit and review proposals under [section 941c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941c&num=0&edition=prelim);
(2) the results of proposals implemented under [section 941c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941c&num=0&edition=prelim); and
(3) progress toward the accomplishment of the goals specified in [section 941d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941d&num=0&edition=prelim).
**(b) Public access to data** For each of fiscal years 2023 through 2028, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941c&num=0&edition=prelim);
(2) the results of proposals implemented under [section 941c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941c&num=0&edition=prelim);
(3) progress toward the accomplishment of the goals specified in [section 941d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941d&num=0&edition=prelim);
(4) the priorities proposed for funding in the annual budget process under this chapter; and
(5) actions taken in support of the Great Lakes
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 941f
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization** There are authorized to be appropriated to the Director for each of fiscal years 2023 through 2028—
(1) $6,000,000 to implement fish and wildlife restoration proposals as selected by the Director under [section 941c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941c/e&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941c/e&num=0&edition=prelim); and
(B) the lesser of 3 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section941e&num=0&edition=prelim).
**(b) Prohibition on use of funds for Federal acquisition of interests in land** No funds appropriated or used to carry out this chapter may be used for acquisition by the Federal Government of any interest in land.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 941g
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2497
TITLE 16—CONSERVATION
§ 4701
in aid of the purposes of the TPIA Program,
without regard to the provisions of title 5, that
govern appointments in the competitive service,
and the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, that relate to classi-
fication and General Schedule pay rates.
(b) Incidental expenses
The Secretary is authorized to provide for the
incidental expenses of such volunteers, such as
transportation, uniforms, lodging, or subsist-
ence.
(c) Volunteers’ status as Federal employees
(1) Except as otherwise provided in this sub-
section, a volunteer shall not be deemed a Fed-
eral employee and shall not be subject to the
provisions of law relating to Federal employ-
ment, including those provisions relating to
hours of work, rates of compensation, leave, un-
employment compensation, and Federal em-
ployee benefits.
(2) For purposes of chapter 171 of title 28 (com-
monly referred to as the ‘‘Federal Tort Claims
Act’’), a volunteer under this subsection shall be
considered an employee of the government (as
defined in section 2671 of such title).
(3) For purposes of subchapter I of chapter 81
of title 5, relating to compensation to Federal
employees for work injuries, a volunteer under
this subsection shall be considered an employee
(as defined in section 8101 of title 5).
(Pub. L. 101–628, title XI, § 1105, Nov. 28, 1990, 104
Stat. 4502.)
§ 4605. Authority to execute contracts
The Secretary is authorized to enter into con-
tracts and cooperative agreements and generally
to do any and all lawful acts necessary or appro-
priate to further the purposes of the TPIA Pro-
gram.
(Pub. L. 101–628, title XI, § 1106, Nov. 28, 1990, 104
Stat. 4503.)
§ 4606. Distribution of appropriate items
The Secretary
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4701
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 4701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1557
TITLE 16—CONSERVATION
§ 941c
Par. (12). Pub. L. 105–265, § 5(2), (8), redesignated par.
(9) as (12) and struck out ‘‘and’’ at end.
Par. (13). Pub. L. 105–265, § 5(2), (9), redesignated par.
(10) as (13) and substituted ‘‘; and’’ for period at end.
Par. (14). Pub. L. 105–265, § 5(2), (3), redesignated par.
(7) as (14).
1996—Pub. L. 104–332 made technical amendment to
Pub. L. 101–646, § 2004, which enacted this section.
§ 941c. Identification, review, and implementa-
tion of proposals and regional projects
(a) In general
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 res-
toration 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) Identification of proposals and regional
projects
(1) Request by the Director
The Director shall annually request that
State Directors and Indian Tribes, in coopera-
tion or partnership with other interested enti-
ties and in accordance with subsection (a),
submit proposals or regional projects for the
restoration of fish and wildlife resources.
(2) Requirements for proposals and regional
projects
A proposal or regional project under para-
graph (1) shall be—
(A) submitted in the manner and form pre-
scribed 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 Con-
vention;
(iii) the 1980 Joint Strategic Plan
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 941c
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 141
TITLE 25—INDIANS
§ 450f
Section was formerly classified to section 93 of Title
45, Railroads.
§ 443c. Transferred
Editorial Notes
CODIFICATION
Section 443c was editorially reclassified as section
1684 of this title.
§ 443d. Transferred
Editorial Notes
CODIFICATION
Section 443d was editorially reclassified as section
1685 of this title.
§§ 444 to 449. Repealed. Aug. 5, 1954, ch. 658, § 5,
68 Stat. 675
Sections, act Apr. 3, 1952, ch. 129, §§ 1–6, 66 Stat. 35, re-
lated to Indian hospital services and facilities. See sec-
tion 2001 et seq. of Title 42, The Public Health and Wel-
fare.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective July 1, 1959, see section 6 of act Aug.
5, 1954, set out as an Effective Date note under section
2001 of Title 42, The Public Health and Welfare.
SUBCHAPTER
II—INDIAN
SELF-DETER-
MINATION AND EDUCATION ASSISTANCE
§ 450. Transferred
Editorial Notes
CODIFICATION
Section 450 was editorially reclassified as section 5301
of this title.
§ 450a. Transferred
Editorial Notes
CODIFICATION
Section 450a was editorially reclassified as section
5302 of this title.
§ 450a–1. Transferred
Editorial Notes
CODIFICATION
Section 450a–1 was editorially reclassified as section
5303 of this title.
§ 450b. Transferred
Editorial Notes
CODIFICATION
Section 450b was editorially reclassified as section
5304 of this title.
§ 450c. Transferred
Editorial Notes
CODIFICATION
Section 450c was editorially reclassified as section
5305 of this title.
§ 450d. Transferred
Editorial Notes
CODIFICATION
Section 450d was editorially reclassified as section
5306 of this title.
§ 450e. Transferred
Editorial Notes
CODIFICATION
Section 450e was editorially reclassified as section
5307 of this title.
§ 4
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 450
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 450. This identifies an authority to review, not proof of applicability.