§1962d–22 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Requires the Secretary to make a plan and carry out projects to restore and improve Great Lakes fisheries, ecosystems, and the ways people use them. The plan must be finished within 1 year after December 11, 2000, and should use existing lakewide plans and cleanup plans when possible. The Secretary must work with the signers of the Joint Strategic Plan and other interested groups. Before starting a project, the Secretary must do a short study to find ways to restore the lakes and to decide if the project should go ahead. The Secretary must plan, design, and build projects, and must set up a program to check if the projects meet restoration goals, consulting the Great Lakes Fishery Commission and other federal, state, and local agencies. Projects can include recreation features, but federal money for those features cannot be more than 10 percent of the federal restoration costs. The Secretary may make cooperative agreements with the Great Lakes Commission or similar state-focused agencies. Work under this law must not change finish dates for other authorized Great Lakes projects. Great Lake: the five lakes (Superior, Michigan, Huron including Lake St. Clair, Erie, and Ontario including the St. Lawrence River up to the 45th parallel) and their connecting channels, formerly connected tributaries, and basins. Great Lakes Commission: the commission set up by the Great Lakes Basin Compact (82 Stat. 414). Great Lakes Fishery Commission: the body defined in section 931 of title 16. Great Lakes State: Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin. The federal government pays 65 percent of the plan and of planning, design, construction, and evaluation costs (but not the short reconnaissance studies). The Secretary must credit non-federal partners for land, easements, rights-of-way, disposal areas, or relocations they provide. Non-federal partners may give up to 100 percent of their share in services, materials, or other in-kind items. Operation, maintenance, repair, rehabilitation, and replacement are the non-federal partner’s responsibility. A non-federal partner may be a private party or a nonprofit organization under the rules in section 1962d–5b.

Title 42, §1962d–22

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)In this section, the following definitions apply:

(1)(A)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)The term “Great Lake” includes any connecting channel, historically connected tributary, and basin of a lake specified in subparagraph (A).

(2)The term “Great Lakes Commission” means the Great Lakes Commission established by the Great Lakes Basin Compact (82 Stat. 414).

(3)The term “Great Lakes Fishery Commission” has the meaning given the term “Commission” in section 931 of title 16.

(4)The term “Great Lakes State” means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin.

(c)(1)(A)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)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)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)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)The Secretary shall plan, design, and construct projects to support the restoration of the fishery, ecosystem, and beneficial uses of the Great Lakes.

(4)(A)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)Evaluations under subparagraph (A) shall be conducted in consultation with the Great Lakes Fishery Commission and appropriate Federal, State, and local agencies.

(5)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)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)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)(1)The Federal share of the cost of development of the plan under subsection (c)(1) shall be 65 percent.

(2)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)(A)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)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)The operation, maintenance, repair, rehabilitation, and replacement of projects carried out under this section shall be a non-Federal responsibility.

(5)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.

Notes & Related Subsidiaries

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.

§1962d–22 Great Lakes fishery and ecosystem restoration