Sec. 3901. AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE RESTORATION ACT OF 1990
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## SEC. 3901 AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE RESTORATION ACT OF 1990 ###
(a)References Except as otherwise expressly provided, wherever in this section an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941 et seq.). ###
(b)Findings The Act is amended by striking section 1002 and inserting the following: > > ## “SEC. 1002 FINDINGS > > **[**[16 U.S.C. 941](/us/usc/t16/s941)**]** > > “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 Act allows Federal agencies, States, and Indian tribes to work in an effective partnership by providing the funding for restoration work.” > . ###
(c)Identification, Review, and Implementation of Proposals and Regional Projects ####
(1)Requirements for proposals and regional projects Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is amended— #####
(A)in clause (v), by striking “and” at the end; #####
(B)in clause (vi), by striking the period at the end and inserting a semicolon; and #####
(C)by adding at the end the following: > > ###### “(vii) > > the strategic action plan of the Great Lakes Restoration Initiative; and > > > ###### “(viii) > > each applicable State wildlife action plan.” > . ####
(2)Review of proposals Section 1005(c)(2)(C) (16 U.S.C. 941c(c)(2)(C)) is amended by striking “Great Lakes Coordinator of the”. ####
(3)Cost Sharing Section 1005(e) (16 U.S.C. 941c(e)) is amended— #####
(A)in paragraph (1)— ######
(i)by striking “ Except as provided in paragraphs
(2)and (4), not less than 25 percent of the cost of implementing a proposal ” and inserting the following: > > ##### “(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” > ; and ######
(ii)by adding at the end the following: > > ##### “(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.” > ; #####
(B)by redesignating paragraphs
(2)through
(4)as paragraphs
(3)through (5), respectively; and #####
(C)by inserting before paragraph
(3)(as so redesignated) the following: > > #### “(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 1006, 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).” > . ###
(d)Establishment of Offices Section 1007 (16 U.S.C. 941e) is amended— ####
(1)in subsection (b)— #####
(A)in the subsection heading, by striking “Fishery Resources” and inserting “Fish and Wildlife Conservation”; and #####
(B)by striking “Fishery Resources” each place it appears and inserting “Fish and Wildlife Conservation”; ####
(2)in subsection (c)— #####
(A)in the subsection heading, by striking “Fishery Resources” and inserting “Fish and Wildlife Conservation”; and #####
(B)by striking “Fishery Resources” each place it appears and inserting “Fish and Wildlife Conservation”; ####
(3)by striking subsection (a); and ####
(4)by redesignating subsections
(b)and
(c)as subsections
(a)and (b), respectively. ###
(e)Reports Section 1008 (16 U.S.C. 941f) is amended— ####
(1)in subsection (a), in the matter preceding paragraph (1), by striking “2011” and inserting “2021”; ####
(2)in subsection (b)— #####
(A)in the matter preceding paragraph (1), by striking “2007 through 2012” and inserting “2016 through 2020”; and #####
(B)in paragraph (5), by inserting “the Great Lakes Restoration Initiative Action Plan based on” after “in support of”; and ####
(3)by striking subsection
(c)and inserting the following: > > ### “(c) Continued Monitoring and Assessment of Study Findings and Recommendations > > 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.” > . ###
(f)Authorization of Appropriations Section 1009 (16 U.S.C. 941g) is amended— ####
(1)in the matter preceding paragraph (1), by striking “2007 through 2012” and inserting “2016 through 2021”; ####
(2)in paragraph (1)— #####
(A)in the matter preceding subparagraph (A), by striking “$14,000,000” and inserting “$6,000,000”; #####
(B)in subparagraph (A), by striking “$4,600,000” and inserting “$2,000,000”; and #####
(C)in subparagraph (B), by striking “$700,000” and inserting “$300,000”; and ####
(3)in paragraph (2), by striking “the activities of” and all that follows through “section 1007” and inserting “the activities of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 1007”. ###
(g)Prohibition on Use of Funds for Federal Acquisition of Interests in Land Section 1009 (16 U.S.C. 941g) is further amended— ####
(1)by inserting before the sentence the following: > > ### “(a) Authorization.—” > ; and ####
(2)by adding at the end the following: > > ### “(b) Prohibition on Use of Funds for Federal Acquisition of Interests in Land > > No funds appropriated or used to carry out this Act may be used for acquisition by the Federal Government of any interest in land.” > . ###
(h)Conforming Amendment Section 8 of the Great Lakes Fish and Wildlife Restoration Act of 2006 (16 U.S.C. 941 note; Public Law 109-326) is repealed. ## Subtitle J California Water
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- Pub. L. 109-326
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Sec. 3901
AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE RESTORATION ACT OF 1990
Pub. L.Pub. L. 109-326
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