16 U.S.C. § 941c — Identification, review, and implementa-

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 for Management of Great Lakes Fisheries, as revised in 1997, and Fish Community Ob- jectives for each Great Lake and con- necting 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 Man- agement Plan and joint ventures estab- lished under the plan; (vi) the strategies outlined through the Great Lakes Regional Collaboration au- thorized 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 ac- tion plan. (3) Sea lamprey authority The Great Lakes Fishery Commission shall retain authority and responsibility to formu- late and implement a comprehensive program to eradicate or minimize sea lamprey popu- lations 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 Wild- life Service. (2) Membership and appointment (A) In general The Committee shall consist of 2 rep- resentatives of each of the State Directors and Indian Tribes, of whom— (i) 1 representative shall be the indi- vidual appointed by the State Director or Indian Tribe to the Council of Lake Com- mittees of the Great Lakes Fishery Com- mission; 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 Serv- ice shall participate as an observer of the Committee. (D) Recusal A member of the Committee shall recuse himself or herself from consideration of pro- posals 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 appropriate- ness 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, the Director shall— (A) select proposals and regional projects to be implemented; and (B) subject to the availability of appro- priations and subsection (e), fund implemen- tation of the proposals and regional projects. (2) Selection criteria In selecting and funding proposals and re- gional projects, the Director shall take into account the effectiveness and appropriateness of the proposals and regional projects in ful- filling the purposes of other laws applicable to restoration of the fish and wildlife resources and habitat of the Great Lakes Basin. Page 1558 TITLE 16—CONSERVATION § 941c 1 See References in Text note below. (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 estab- lishing 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 imple- menting a proposal or regional project re- quired under subparagraph (A) may be pro- vided at any time during the 2-year period preceding January 1 of the year in which the Director receives the application for the pro- posal or regional project. (2) Authorized sources of non-Federal share (A) In general The Director may determine the non-Fed- eral share under paragraph (1) by taking into account— (i) the appraised value of land or a con- servation easement as described in sub- paragraph (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 pro- posal or regional project required under paragraph (1)(A) if the Director determines that the conservation easement— (I) meets the requirements of sub- section (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 con- servation 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 con- servancy 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 con- servation 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 Stand- ards 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 con- servation easement and restoration or en- hancement of that conservation easement may be used to satisfy the non-Federal share of the cost of implementing a pro- posal or regional project required under paragraph (1)(A) if the activities and ex- penses associated with securing the con- servation easement and restoration or en- hancement 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 Assess- ment program). (3) Regional projects Regional projects selected under subsection (d) shall be exempt from cost sharing if the Di- rector determines that the authorization for the project does not require a non-Federal cost-share. (4) Exclusion of Federal funds from non-Fed- eral share The Director may not consider the expendi- ture, directly or indirectly, of Federal funds received by any entity to be a contribution by a non-Federal source for purposes of this sub- section. (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-De- termination and Education Assistance Act (25 U.S.C. 450 et seq.).1 (Pub. L. 101–537, title I, § 1005, Nov. 8, 1990, 104 Stat. 2372; Pub. L. 101–646, title II, § 2005, Nov. 29, 1990, 104 Stat. 4775; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105–265, §§ 3(b), 6, Oct. 19, 1998, 112 Stat. 2358, 2359; Pub. L. 109–326, § 4, Oct. 11, 2006, 120 Stat. 1762; Pub. L. 114–322, title III, § 3901(c), Dec. 16, 2016, 130 Stat. 1848.) Editorial Notes REFERENCES IN TEXT The 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, Nov. 29, 1990, 104 Stat. 4761, which is classified principally to chapter 67 (§ 4701 et seq.) of this title. For complete classification of this Page 1559 TITLE 16—CONSERVATION § 941e Act to the Code, see Short Title note set out under sec- tion 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 Assist- ance Act, referred to in subsec. (e)(5), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified prin- cipally 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 clas- sification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. CODIFICATION Title 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). AMENDMENTS 2016—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), des- ignated 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 re- gional project’’ for ‘‘Except as provided in paragraphs (2) and (4), not less than 25 percent of the cost of imple- menting 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, re- view, and implementation of proposals. 1998—Pub. L. 105–265 amended section generally, sub- stituting present provisions for provisions requiring a Great Lakes fishery resources restoration study and de- velopment of proposals for implementing recommenda- tions. 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 2005, which enacted this section. § 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-sus- taining fish and wildlife resources. (2) Minimizing the impacts of contaminants on fishery and wildlife resources. (3) Protecting, maintaining, and, where de- graded and destroyed, restoring fish and wild- life 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 im- pacting fishery and wildlife resources. (5) Restoring threatened and endangered spe- cies to viable, self-sustaining levels. (6) Protecting, managing, and conserving migratory birds. (Pub. L. 101–537, title I, § 1006, Nov. 8, 1990, 104 Stat. 2373; Pub. L. 101–646, title II, § 2006, Nov. 29, 1990, 104 Stat. 4777; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105–265, § 3(b), Oct. 19, 1998, 112 Stat. 2358; Pub. L. 109–326, § 5, Oct. 11, 2006, 120 Stat. 1764.) Editorial Notes CODIFICATION Title I of Pub. L. 101–537 and title II of Pub. L. 101–646 enacted identical sections. Title II of Pub. L. 101–646 was repealed by Pub. L. 105–265. AMENDMENTS 2006—Par. (1). Pub. L. 109–326 added par. (1) and struck out former par. (1) which read as follows: ‘‘Restoring and maintaining self-sustaining fishery resource popu- lations.’’ 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 2006, which enacted this section. § 941e. Establishment of offices (a) Lower Great Lakes Fish and Wildlife Con- servation Office (1) In general The Director shall establish an office with necessary administrative and technical sup- port services to carry out all United States Fish and Wildlife Service operational activi- ties related to fishery resource protection, res- toration, maintenance, and enhancement in the lower Great Lakes. (2) Name and location 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 activi- ties relating to the lower Great Lakes. (3) Responsibilities The responsibilities of the Lower Great Lakes Fish and Wildlife Conservation Office shall include operational activities of the United States Fish and Wildlife Service re- lated to fishery resource protection, restora- tion, maintenance, and enhancement in the Lower Great Lakes. (b) Upper Great Lakes Fish and Wildlife Con- servation Offices (1) In general The Director shall establish one or more of- fices with necessary administrative and tech- nical support services to carry out United States Fish and Wildlife Service operational activities related to fishery resource protec- tion, restoration, maintenance, and enhance- ment in the upper Great Lakes. (2) Name and location Each of the offices shall be known as an ‘‘Upper Great Lakes Fish and Wildlife Con- servation Office’’, and shall be appropriately located so as to facilitate fishery resource ac- tivities in the upper Great Lakes. (3) Responsibilities The responsibilities of the Upper Great Lakes Fish and Wildlife Conservation Offices shall include operational activities of the United States Fish and Wildlife Service re- lated to fishery resource protection, restora- tion, maintenance, and enhancement in the Upper Great Lakes. (Pub. L. 101–537, title I, § 1007, Nov. 8, 1990, 104 Stat. 2374; Pub. L. 101–646, title II, § 2007, Nov. 29,