Great Lakes fishery and ecosystem restoration

42 U.S.C. § 1962d–22

• Title: 42 — The Public Health and Welfare
• Chapter: 19B — WATER RESOURCES PLANNING
• Subchapter: IV
• Current through: Pub. L. 119-99

Text

(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.
(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, for any project carried out under this section, a non-Federal interest may include a private interest and a nonprofit entity.

History

(Pub. L. 106–541, title V, §506, Dec. 11, 2000, 114 Stat. 2645; Pub. L. 110–114, title V, §5011, Nov. 8, 2007, 121 Stat. 1194; Pub. L. 114–322, title I, §§1123, 1140, Dec. 16, 2016, 130 Stat. 1647, 1658.)

Editorial Notes

Editorial Notes

References in Text
The Great Lakes Basin Compact, referred to in subsec. (b)(2), is not classified to the Code.

Codification
Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water Resources Planning Act which comprises this chapter.

Amendments
2016—Subsec. (c)(5). Pub. L. 114–322, §1140, added par. (5).
Subsec. (g). Pub. L. 114–322, §1123, struck out subsec. (g) which authorized appropriations for subsec. (c)(1) to (3).
2007—Subsec. (c)(2) to (4). Pub. L. 110–114, §5011(a), added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and substituted "paragraph (3)" for "paragraph (2)" in subpar. (A) of par. (4).
Subsec. (f)(2). Pub. L. 110–114, §5011(b)(1), substituted "Except for reconnaissance studies, the Federal share" for "The Federal share" and "(3) or (4)" for "(2) or (3)".
Subsec. (f)(3). Pub. L. 110–114, §5011(b)(2), substituted "subsection (c)(3)" for "subsection (c)(2)" in subpar. (A) and "100 percent" for "50 percent" in subpar. (B).
Subsec. (f)(5). Pub. L. 110–114, §5011(b)(3), substituted "In accordance with" for "Notwithstanding".

Statutory Notes and Related Subsidiaries

Definitions
Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–541, set out as a note under section 2201 of Title 33, Navigation and Navigable Waters.

Part I—Recommendation to States

Part II—Responsibilities of Federal Government

Part III—General Provisions