Great Lakes Fish and Wildlife Restoration Act of 2016
A BILL
To amend and reauthorize the Great Lakes Fish and Wildlife Restoration Act of 1990.
Sec. 2 Amendments to the Great Lakes Fish and Wildlife Restoration Act of 1990
“1002. Findings
“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) it is in the national interest to undertake activities in the Great Lakes Basin that support sustainable fish and wildlife resources of common concern provided under the Great Lakes Restoration Initiative Action Plan based on the recommendations of the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force);
“(4) 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;
“(5) as of the date of enactment of this Act, actions are not funded that are considered essential to meet the goals and objectives in managing the fish and wildlife resources, and the habitats on which the resources depend, in the Great Lakes Basin; and
“(6) this Act allows Federal agencies, States, and Indian tribes to work in an effective partnership by providing the funding for restoration work.”
“(vii) the strategic action plan of the Great Lakes Restoration Initiative; and
“(viii) each applicable State wildlife action plan.”
“(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”
“(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) land acquisition or securing a conservation easement; and
“(II) restoration or enhancement of that land or conservation easement.
“(B) Appraisal of land or conservation easement
“(i) In general—The value of land or 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 land or 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 land or a conservation easement described in clause (i)—
“(I) the appraisal valuation date shall be not later than 1 year after the price of the land or 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 land acquisition or securing conservation easement
“(i) In general—All costs associated with land acquisition or securing a conservation easement and restoration or enhancement of that land or 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 the land acquisition or securing the conservation easement and restoration or enhancement of that land or 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).”
“(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.”