16 U.S.C. § 941h — Great Lakes monitoring, assessment,

Page 1561 TITLE 16—CONSERVATION § 941h resentatives 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 sec- tion 941c of this title; and ‘‘(3) progress toward the accomplishment of the goals specified in section 941d of this title.’’ 1998—Pub. L. 105–265 amended section generally, sub- stituting present provisions for provisions which had required report not later than 1 year after date of en- actment and annually thereafter. 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 2008, which enacted this section. § 941g. Authorization of appropriations (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 Direc- tor under section 941c(e) of this title, of which— (A) not more than the lesser of 33 1/3 per- cent or $2,000,000 may be allocated to imple- ment 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 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. (b) Prohibition on use of funds for Federal acqui- sition 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. (Pub. L. 101–537, title I, § 1009, Nov. 8, 1990, 104 Stat. 2374; Pub. L. 101–646, title II, § 2009, Nov. 29, 1990, 104 Stat. 4778; Pub. L. 104–332, § 2(h)(1), (2), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105–265, §§ 3(b), 8, Oct. 19, 1998, 112 Stat. 2358, 2361; Pub. L. 109–326, § 9, Oct. 11, 2006, 120 Stat. 1766; Pub. L. 114–322, title III, § 3901(f), (g), Dec. 16, 2016, 130 Stat. 1850, 1851; Pub. L. 117–287, § 2(b), (c), Dec. 27, 2022, 136 Stat. 4363, 4364.) Editorial Notes CODIFICATION Title I of Pub. L. 101–537 and title II of Pub. L. 101–646 enacted substantially identical provisions of subsec. (a), but Pub. L. 101–537 did not enact a subsec. (b). Title II of Pub. L. 101–646 was repealed by Pub. L. 105–265, § 3(b). AMENDMENTS 2022—Subsec. (a). Pub. L. 117–287, § 2(b), substituted ‘‘2023 through 2028’’ for ‘‘2016 through 2021’’ in introduc- tory provisions. Subsec. (a)(1)(B). Pub. L. 117–287, § 2(c), substituted ‘‘3 percent’’ for ‘‘5 percent’’. 2016—Pub. L. 114–322, § 3901(g), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 114–322, § 3901(f)(1) substituted ‘‘2016 through 2021’’ for ‘‘2007 through 2012’’ in introductory provi- sions. Par. (1). Pub. L. 114–322, § 3901(f)(2)(A), substituted ‘‘$6,000,000’’ for ‘‘$14,000,000’’ in introductory provisions. Par. (1)(A). Pub. L. 114–322, § 3901(f)(2)(B), substituted ‘‘$2,000,000’’ for ‘‘$4,600,000’’. Par. (1)(B). Pub. L. 114–322, § 3901(f)(2)(C), substituted ‘‘$300,000’’ for ‘‘$700,000’’. Par. (2). Pub. L. 114–322, § 3901(f)(3), substituted ‘‘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’’ for ‘‘the activities of the Great Lakes Co- ordination Office in East Lansing, Michigan, of the Upper Great Lakes Fishery Resources Office, and the Lower Great Lakes Fishery Resources Office under sec- tion 941e of this title’’. 2006—Pub. L. 109–326 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal years 2007 to 2012 for provisions authorizing appro- priations for fiscal years 1999 to 2004. 1998—Pub. L. 105–265 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal years 1999 to 2004 for provisions authorizing appro- priations for fiscal years 1991 to 1994 to conduct a study under section 941c of this title and for fiscal years 1991 to 1995 to establish and operate Great Lakes Coordina- tion and Upper and Lower Great Lakes Fishery Re- sources Offices. 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 2009, which enacted this section. § 941h. Great Lakes monitoring, assessment, science, and research (a) Definitions In this section: (1) Director The term ‘‘Director’’ means the Director of the United States Geological Survey. (2) Great Lakes Basin 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 be- tween Canada and the United States. (b) Findings Congress finds the following: (1) The Great Lakes support a diverse eco- system, on which the vibrant and economi- cally valuable Great Lakes fisheries depend. (2) To continue successful fisheries manage- ment and coordination, as has occurred since signing of the Convention on Great Lakes Fisheries between the United States and Can- ada on September 10, 1954, management of the ecosystem and its fisheries require sound, reli- able science, and the use of modern scientific technologies. (3) Fisheries research is necessary to support multi-jurisdictional fishery management deci- sions and actions regarding recreational and sport fishing, commercial fisheries, tribal har- vest, allocation decisions, and fish stocking activities. (4) President Richard Nixon submitted, and the Congress approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring science activi- ties and management of marine fisheries to the National Oceanic and Atmospheric Admin- istration. Page 1562 TITLE 16—CONSERVATION § 943 (5) Reorganization Plan No. 4 expressly ex- cluded fishery research activities within the Great Lakes from the transfer, retaining man- agement and scientific research duties within the already-established jurisdictions under the 1954 Convention on Great Lakes Fisheries, in- cluding those of the Great Lakes Fishery Com- mission and the Department of the Interior. (c) Monitoring, assessment, science, and research (1) In general The Director may conduct monitoring, as- sessment, science, and research, in support of the binational fisheries within the Great Lakes Basin. (2) Specific authorities The Director shall, under paragraph (1)— (A) execute a comprehensive, multi-lake, freshwater fisheries science program; (B) coordinate with and work coopera- tively with regional, State, tribal, and local governments; and (C) consult with other interested entities groups, including academia and relevant Ca- nadian agencies. (3) Included research To properly serve the needs of fisheries man- agers, monitoring, assessment, science, and re- search under this section may include— (A) deepwater ecosystem sciences; (B) biological and food-web components; (C) fish movement and behavior investiga- tions; (D) fish population structures; (E) fish habitat investigations; (F) invasive species science; (G) use of existing, new, and experimental biological assessment tools, equipment, ves- sels, other scientific instrumentation and laboratory capabilities necessary to support fishery management decisions; and (H) studies to assess impacts on Great Lakes Fishery resources. (4) Savings clause Nothing in this section is intended or shall be construed to impede, supersede, or alter the authority of the Great Lakes Fishery Commis- sion, States, and Indian tribes under the Con- vention on Great Lakes Fisheries between the United States of America and Canada on Sep- tember 10, 1954, and the Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.). (d) Authorization of appropriations For each of fiscal years 2021 through 2025, there is authorized to be appropriated $15,000,000 to carry out this section. (Pub. L. 116–94, div. P, title II, § 201, Dec. 20, 2019, 133 Stat. 3184.) Editorial Notes REFERENCES IN TEXT Reorganization Plan No. 4, referred to in subsec. (b)(4), (5), probably means Reorganization Plan No. 4 of 1970, which is set out as a note under section 1511 of title 15, Commerce and Trade, and in the Appendix to Title 5, Government Organization and Employees. The Great Lakes Fishery Act of 1956, referred to in subsec. (c)(4), is act June 4, 1956, ch. 358, 70 Stat. 242, which is classified generally to chapter 15A (§ 931 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 931 of this title and Tables. CODIFICATION Section was enacted as part of the Further Consoli- dated Appropriations Act, 2020, and not as part of the Great Lakes Fish and Wildlife Restoration Act of 1990 which comprises this chapter. CHAPTER 15C—GREAT LAKES FISH AND WILDLIFE TISSUE BANK Sec. 943. Tissue bank. 943a. Data base. 943b. Definitions. 943c. Authorization of appropriations. § 943. Tissue bank (a) In general The Secretary shall coordinate existing facili- ties 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) Guidance The Secretary shall, in consultation with ap- propriate 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 ac- cess that will ensure— (1) appropriate uniform methods and stand- ards for those activities to provide confidence in Great Lakes fish and wildlife tissue samples used for research; (2) documentation of procedures used for col- lecting, preparing, and archiving those sam- ples; and (3) appropriate scientific use of the tissues in the Great Lakes Fish and Wildlife Tissue Bank. (Pub. L. 102–440, title II, § 202, Oct. 23, 1992, 106 Stat. 2233.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 102–440, title II, § 201, Oct. 23, 1992, 106 Stat. 2233, provided that: ‘‘This title [enacting this chapter] may be cited as ‘The Great Lakes Fish and Wildlife Tis- sue Bank Act’.’’ § 943a. Data base (a) Maintenance 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) Access The Secretary shall establish criteria, after an opportunity for public review and comment, for access to the data base which provides for appro- priate use of the information by the public.