Title 16, ConservationRelease 119-110

§941c Identification, Review, and Implementation of Proposals and Regional Projects

Title 16 › CHAPTER 15B — GREAT LAKES FISH AND WILDLIFE RESTORATION › § 941c

Last updated Sep 23, 2026|Official source

Summary

The Director must encourage and, when money is available, carry out fish and wildlife restoration proposals and regional projects for the Great Lakes Basin. Each year the Director asks State Directors and Indian Tribes, working with partners, to send in proposals in the form the Director requires. Proposals must follow several Great Lakes and wildlife plans and agreements (like water quality, fisheries, invasive species control, waterfowl plans, the Great Lakes Restoration Initiative, and each State wildlife action plan). The Great Lakes Fishery Commission keeps responsibility for controlling sea lamprey. A review committee under the Fish and Wildlife Service will review the proposals. Each State Director and Tribe sends two people: one who sits on the Council of Lake Committees and one wildlife expert. The Service is an observer. Committee members must step aside if their own group sent the proposal. The Committee meets at least once a year, reviews proposals, and tells the Director which to fund. The Director then picks projects to fund, if money is available, and must consider the Committee’s advice and the goals in section 941d. Non‑Federal partners must pay at least 25% of project costs (except sea lamprey barriers). That match can be given during the two years before January 1 of the year the Director gets the application. The value of land or conservation easements and costs to secure or restore them can count toward the 25% if they meet appraisal and holding rules (appraisal within 1 year after the easement price was set, follow USPAP, and done by a Federal- or State‑certified appraiser). Regional projects may be exempt from the match if no law requires it. Federal money cannot be counted as non‑Federal matching funds. Nothing here changes tribal cost‑share rules under the Indian Self‑Determination and Education Assistance Act.

Full Legal Text

Title 16, §941c

Conservation, Source: USLM XML via OLRC

(a)In general
Subject to subsection (b)(2), the Director— (1)
(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 (2) Requirements for proposals and regional projects
The Director shall annually request that State Directors and Indian Tribes, in cooperation or partnership with other interested entities and in accordance with subsection (a), submit proposals or regional projects for the restoration of fish and wildlife resources.
(3)Sea lamprey authority
The Great Lakes Fishery Commission shall retain authority and responsibility to formulate and implement a comprehensive program to eradicate or minimize sea lamprey populations 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 Wildlife Service.
(2)Membership and appointment
(A)In general
The Committee shall consist of 2 representatives of each of the State Directors and Indian Tribes, of whom—
(i)1 representative shall be the individual appointed by the State Director or Indian Tribe to the Council of Lake Committees of the Great Lakes Fishery Commission; 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 Service shall participate as an observer of the Committee.
(D)Recusal
A member of the Committee shall recuse himself or herself from consideration of proposals 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 appropriateness 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 appropriations and subsection (e), fund implementation of the proposals and regional projects.
(2)Selection criteria
In selecting and funding proposals and regional projects, the Director shall take into account the effectiveness and appropriateness of the proposals and regional projects in fulfilling the purposes of other laws applicable to restoration of the fish and wildlife resources and habitat of the Great Lakes Basin.
(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 establishing 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 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.
(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 941d of this title, 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).
(3)Regional projects
Regional projects selected under subsection (d) shall be exempt from cost sharing if the Director determines that the authorization for the project does not require a non-Federal cost-share.
(4)Exclusion of Federal funds from non-Federal share
The Director may not consider the expenditure, directly or indirectly, of Federal funds received by any entity to be a contribution by a non-Federal source for purposes of this subsection.
(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-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

Legislative History

Notes & Related Subsidiaries

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 Act to the Code, see

Short Title

note set out under section 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 Assistance Act, referred to in subsec. (e)(5), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally 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 classification 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), designated 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 regional project” for “Except as provided in paragraphs (2) and (4), not less than 25 percent of the cost of implementing 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, review, and implementation of proposals. 1998—Pub. L. 105–265 amended section generally, substituting present provisions for provisions requiring a Great Lakes fishery resources restoration study and development of proposals for implementing recommendations. 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 2005, which enacted this section.

Reference

Citations & Metadata

Citation

16 U.S.C. § 941c

Title 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110