§941b. Definitions — Inbound Citations
16 U.S.C. § 941b
Cited by 98 provisions in release 119-102.
Citations to §941b(1)
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(1) 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.
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(A) 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.
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(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
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(C) The United States Fish and Wildlife Service shall participate as an observer of the Committee.
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(D) 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.
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(3) 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.
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(1) 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.
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(a) Not later than December 31, 2021, and not later than December 31, 2027, the Director shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes, with respect to the period covered by the report—(1) actions taken to solicit and review proposals under section 941c of this title;(2) the results of proposals implemented under section 941c of this title; and(3) progress toward the accomplishment of the goals specified in section 941d of this title.
Citations to §941b(2)
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(a) Subject to subsection (b)(2), the Director—(1) shall encourage the development and, subject to the availability of appropriations, the implementation of fish and wildlife restoration proposals and regional projects based on the results of the Report; and(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.
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(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.
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(1) 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.
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(A) submitted in the manner and form prescribed by the Director; and
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(C) recommend to the Director any of those proposals and regional projects that should be funded and implemented under this section.
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(1) 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.
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(2) 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.
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(B) 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.
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(A) 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.
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(i) 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).
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(3) 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.
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(4) 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.
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In administering programs of the United States Fish and Wildlife Service related to the Great Lakes Basin, the Director shall seek to achieve the following goals:
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(1) The Director shall establish an office with necessary administrative and technical support services to carry out all United States Fish and Wildlife Service operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the lower Great Lakes.
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(1) The Director shall establish one or more offices with necessary administrative and technical support services to carry out United States Fish and Wildlife Service operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the upper Great Lakes.
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(a) Not later than December 31, 2021, and not later than December 31, 2027, the Director shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes, with respect to the period covered by the report—(1) actions taken to solicit and review proposals under section 941c of this title;(2) the results of proposals implemented under section 941c of this title; and(3) progress toward the accomplishment of the goals specified in section 941d of this title.
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(b) For each of fiscal years 2023 through 2028, the Director shall make available through a public access website of the Department information that describes—(1) actions taken to solicit and review proposals under section 941c of this title;(2) the results of proposals implemented under section 941c of this title;(3) progress toward the accomplishment of the goals specified in section 941d of this title;(4) the priorities proposed for funding in the annual budget process under this chapter; and(5) actions taken in support of 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).
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(c) 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.
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(a) There are authorized to be appropriated to the Director for each of fiscal years 2023 through 2028—(1) $6,000,000 to implement fish and wildlife restoration proposals as selected by the Director under section 941c(e) of this title, of which—(A) not more than the lesser of 33 1/3 percent or $2,000,000 may be allocated to implement regional projects by the United States Fish and Wildlife Service, as selected by the Director under section 941c(e) of this title; and(B) the lesser of 3 percent or $300,000 shall be allocated to the United States Fish and Wildlife Service to cover costs incurred in administering the proposals by any entity; and(2) $2,000,000, which shall be allocated for the activities of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 941e of this title.
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(1) $6,000,000 to implement fish and wildlife restoration proposals as selected by the Director under section 941c(e) of this title, of which—(A) not more than the lesser of 33 1/3 percent or $2,000,000 may be allocated to implement regional projects by the United States Fish and Wildlife Service, as selected by the Director under section 941c(e) of this title; and(B) the lesser of 3 percent or $300,000 shall be allocated to the United States Fish and Wildlife Service to cover costs incurred in administering the proposals by any entity; and
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(A) not more than the lesser of 33 1/3 percent or $2,000,000 may be allocated to implement regional projects by the United States Fish and Wildlife Service, as selected by the Director under section 941c(e) of this title; and
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(1) The Director may conduct monitoring, assessment, science, and research, in support of the binational fisheries within the Great Lakes Basin.
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(2) The Director shall, under paragraph (1)—(A) execute a comprehensive, multi-lake, freshwater fisheries science program;(B) coordinate with and work cooperatively with regional, State, tribal, and local governments; and(C) consult with other interested entities groups, including academia and relevant Canadian agencies.
Citations to §941b(3)
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(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
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(1) to develop and implement proposals for the restoration of fish and wildlife resources in the Great Lakes Basin; and
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(2) to provide assistance to the Great Lakes Fisheries Commission, States, Indian Tribes, and other interested entities to encourage cooperative conservation, restoration and management of the fish and wildlife resources and their habitat in the Great Lakes Basin.
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(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.
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(3) 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.
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(2) 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.
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(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;
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In administering programs of the United States Fish and Wildlife Service related to the Great Lakes Basin, the Director shall seek to achieve the following goals:
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(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
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(2) The term “Great Lakes Basin” means the air, land, water, and living organisms in the United States within the drainage basin of the Saint Lawrence River at and upstream from the point at which such river and the Great Lakes become the international boundary between Canada and the United States.
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(1) The Director may conduct monitoring, assessment, science, and research, in support of the binational fisheries within the Great Lakes Basin.
Citations to §941b(4)
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(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
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(5) 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.).1
Citations to §941b(5)
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(1) The Director shall establish an office with necessary administrative and technical support services to carry out all United States Fish and Wildlife Service operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the lower Great Lakes.
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(2) The office shall be known as the “Lower Great Lakes Fish and Wildlife Conservation Office”, and shall be centrally located in the lower Great Lakes so as to facilitate fishery resource restoration and enhancement activities relating to the lower Great Lakes.
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(3) The responsibilities of the Lower Great Lakes Fish and Wildlife Conservation Office shall include operational activities of the United States Fish and Wildlife Service related to fishery resource protection, restoration, maintenance, and enhancement in the Lower Great Lakes.
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(2) $2,000,000, which shall be allocated for the activities of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 941e of this title.
Citations to §941b(6)
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(A) 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.
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(4) 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.
Citations to §941b(8)
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(1) shall encourage the development and, subject to the availability of appropriations, the implementation of fish and wildlife restoration proposals and regional projects based on the results of the Report; and
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(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.
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(1) 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.
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(2) A proposal or regional project under paragraph (1) shall be—(A) submitted in the manner and form prescribed by the Director; and(B) consistent with—(i) the goals of the Great Lakes Water Quality Agreement, as amended;(ii) the 1954 Great Lakes Fisheries Convention;(iii) the 1980 Joint Strategic Plan for Management of Great Lakes Fisheries, as revised in 1997, and Fish Community Objectives for each Great Lake and connecting water as established under the Joint Strategic Plan;(iv) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.);(v) the North American Waterfowl Management Plan and joint ventures established under the plan;(vi) the strategies outlined through the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force);(vii) the strategic action plan of the Great Lakes Restoration Initiative; and(viii) each applicable State wildlife action plan.
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(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
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(C) recommend to the Director any of those proposals and regional projects that should be funded and implemented under this section.
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(A) select proposals and regional projects to be implemented; and
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(B) subject to the availability of appropriations and subsection (e), fund implementation of the proposals and regional projects.
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(2) 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.
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(A) 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.
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(B) 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.
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(i) 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).
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(II) is acquired before the end of the grant period of the proposal or regional project;
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(IV) is connected either physically or through a conservation planning process to the proposal or regional project; and
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(i) 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).
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(3) 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.
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(A) not more than the lesser of 33 1/3 percent or $2,000,000 may be allocated to implement regional projects by the United States Fish and Wildlife Service, as selected by the Director under section 941c(e) of this title; and
Citations to §941b(9)
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(1) shall encourage the development and, subject to the availability of appropriations, the implementation of fish and wildlife restoration proposals and regional projects based on the results of the Report; and
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(a) Not later than December 31, 2021, and not later than December 31, 2027, the Director shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes, with respect to the period covered by the report—(1) actions taken to solicit and review proposals under section 941c of this title;(2) the results of proposals implemented under section 941c of this title; and(3) progress toward the accomplishment of the goals specified in section 941d of this title.
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(2) may reassess and update, as necessary, the findings and recommendations of the Report.
Citations to §941b(10)
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(4) this chapter allows Federal agencies, States, and Indian tribes to work in an effective partnership by providing the funding for restoration work.
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(1) to develop and implement proposals for the restoration of fish and wildlife resources in the Great Lakes Basin; and
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(2) to provide assistance to the Great Lakes Fisheries Commission, States, Indian Tribes, and other interested entities to encourage cooperative conservation, restoration and management of the fish and wildlife resources and their habitat in the Great Lakes Basin.
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(1) shall encourage the development and, subject to the availability of appropriations, the implementation of fish and wildlife restoration proposals and regional projects based on the results of the Report; and
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(1) 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.
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(vii) the strategic action plan of the Great Lakes Restoration Initiative; and
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(1) 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.
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(2) 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.
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(II) restoration or enhancement of the conservation easement.
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(i) 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).
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(1) The Director shall establish an office with necessary administrative and technical support services to carry out all United States Fish and Wildlife Service operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the lower Great Lakes.
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(2) The office shall be known as the “Lower Great Lakes Fish and Wildlife Conservation Office”, and shall be centrally located in the lower Great Lakes so as to facilitate fishery resource restoration and enhancement activities relating to the lower Great Lakes.
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(3) The responsibilities of the Lower Great Lakes Fish and Wildlife Conservation Office shall include operational activities of the United States Fish and Wildlife Service related to fishery resource protection, restoration, maintenance, and enhancement in the Lower Great Lakes.
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(1) The Director shall establish one or more offices with necessary administrative and technical support services to carry out United States Fish and Wildlife Service operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the upper Great Lakes.
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(3) The responsibilities of the Upper Great Lakes Fish and Wildlife Conservation Offices shall include operational activities of the United States Fish and Wildlife Service related to fishery resource protection, restoration, maintenance, and enhancement in the Upper Great Lakes.
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(5) actions taken in support of 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).
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(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
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(1) $6,000,000 to implement fish and wildlife restoration proposals as selected by the Director under section 941c(e) of this title, of which—(A) not more than the lesser of 33 1/3 percent or $2,000,000 may be allocated to implement regional projects by the United States Fish and Wildlife Service, as selected by the Director under section 941c(e) of this title; and(B) the lesser of 3 percent or $300,000 shall be allocated to the United States Fish and Wildlife Service to cover costs incurred in administering the proposals by any entity; and
Citations to §941b(11)
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(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.
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(1) 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.
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(A) 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.
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(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
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(B) Each representative shall serve at the pleasure of the appointing State Director or Tribal Chair.
Citations to §941b(12)
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(1) The Director shall establish one or more offices with necessary administrative and technical support services to carry out United States Fish and Wildlife Service operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the upper Great Lakes.
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(2) Each of the offices shall be known as an “Upper Great Lakes Fish and Wildlife Conservation Office”, and shall be appropriately located so as to facilitate fishery resource activities in the upper Great Lakes.
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(3) The responsibilities of the Upper Great Lakes Fish and Wildlife Conservation Offices shall include operational activities of the United States Fish and Wildlife Service related to fishery resource protection, restoration, maintenance, and enhancement in the Upper Great Lakes.
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(2) $2,000,000, which shall be allocated for the activities of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 941e of this title.