---
kind: "section"
citation: "16 U.S.C. § 941c"
title: "16"
title_heading: "Conservation"
number: "941c"
heading: "Identification, review, and implementation of proposals and regional projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/941c"
units:
  - "Chapter 15B — Great Lakes Fish and Wildlife Restoration"
---

# §941c. Identification, review, and implementation of proposals and regional projects

- (a) **In general—** Subject to [subsection (b)(2)](#b-2), the [Director](/usc/16/941b.md?p=2)—
  - (1) shall encourage the development and, subject to the availability of appropriations, the implementation of [fish and wildlife](/usc/16/3102.md?p=17) [restoration](/usc/16/941b.md?p=10) proposals and [regional projects](/usc/16/941b.md?p=8) based on the results of the [Report](/usc/16/941b.md?p=9); and
  - (2) in cooperation with the [State Directors](/usc/16/941b.md?p=11) and [Indian Tribes](/usc/16/544.md?p=g), shall identify, develop, and, subject to the availability of appropriations, implement [regional projects](/usc/16/941b.md?p=8) in the [Great Lakes Basin](/usc/16/941b.md?p=3) to be administered by [Director](/usc/16/941b.md?p=2) in accordance with this section.
- (b) **Identification of proposals and regional projects—**
  - (1) **Request by the Director—** The [Director](/usc/16/941b.md?p=2) shall annually request that [State Directors](/usc/16/941b.md?p=11) and [Indian Tribes](/usc/16/544.md?p=g), in cooperation or partnership with other interested entities and in accordance with [subsection (a)](#a), submit proposals or [regional projects](/usc/16/941b.md?p=8) for the [restoration](/usc/16/941b.md?p=10) of [fish and wildlife](/usc/16/3102.md?p=17) resources.
  - (2) **Requirements for proposals and regional projects—** A proposal or [regional project](/usc/16/941b.md?p=8) under [paragraph (1)](#b-1) shall be—
    - (A) submitted in the manner and form prescribed by the [Director](/usc/16/941b.md?p=2); 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](/usc/16/4701.md) et seq.);
      - (v) the North American Waterfowl [Management Plan](/usc/16/544.md?p=k) 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](/usc/16/941b.md?p=10) Initiative; and
      - (viii) each applicable [State](/usc/16/590q.md?p=a) wildlife action plan.
  - (3) **Sea lamprey authority—** The Great Lakes Fishery [Commission](/usc/16/544.md?p=c) shall retain authority and responsibility to formulate and implement a comprehensive program to eradicate or minimize sea lamprey populations in the [Great Lakes Basin](/usc/16/941b.md?p=3).
- (c) **Review of proposals—**
  - (1) **Establishment of Committee—** There is established the Great Lakes [Fish and Wildlife](/usc/16/3102.md?p=17) [Restoration](/usc/16/941b.md?p=10) Proposal Review [Committee](/usc/16/941b.md?p=1), which shall operate under the guidance of the United States [Fish and Wildlife](/usc/16/3102.md?p=17) Service.
  - (2) **Membership and appointment—**
    - (A) **In general—** The [Committee](/usc/16/941b.md?p=1) shall consist of 2 representatives of each of the [State Directors](/usc/16/941b.md?p=11) and [Indian Tribes](/usc/16/544.md?p=g), of whom—
      - (i) 1 representative shall be the individual appointed by the [State Director](/usc/16/941b.md?p=11) or [Indian Tribe](/usc/16/941b.md?p=4) to the Council of Lake [Committees](/usc/16/941b.md?p=1) of the Great Lakes Fishery [Commission](/usc/16/544.md?p=c); and
      - (ii) 1 representative shall have expertise in wildlife management.
    - (B) **Appointments—** Each representative shall serve at the pleasure of the appointing [State Director](/usc/16/941b.md?p=11) or Tribal Chair.
    - (C) **Observer—** The United States [Fish and Wildlife](/usc/16/3102.md?p=17) Service shall participate as an observer of the [Committee](/usc/16/941b.md?p=1).
    - (D) **Recusal—** A member of the [Committee](/usc/16/941b.md?p=1) 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](/usc/16/941b.md?p=1) shall—
    - (A) meet at least annually;
    - (B) review proposals and [regional projects](/usc/16/941b.md?p=8) developed in accordance with [subsection (b)](#b) to assess the effectiveness and appropriateness of the proposals and [regional projects](/usc/16/941b.md?p=8) in fulfilling the purposes of this chapter; and
    - (C) recommend to the [Director](/usc/16/941b.md?p=2) any of those proposals and [regional projects](/usc/16/941b.md?p=8) 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](/usc/16/941b.md?p=1) and the goals specified in [section 941d of this title](/usc/16/941d.md), the [Director](/usc/16/941b.md?p=2) shall—
    - (A) select proposals and [regional projects](/usc/16/941b.md?p=8) to be implemented; and
    - (B) subject to the availability of appropriations and [subsection (e)](#e), fund implementation of the proposals and [regional projects](/usc/16/941b.md?p=8).
  - (2) **Selection criteria—** In selecting and funding proposals and [regional projects](/usc/16/941b.md?p=8), the [Director](/usc/16/941b.md?p=2) shall [take](/usc/16/3102.md?p=18) into account the effectiveness and appropriateness of the proposals and [regional projects](/usc/16/941b.md?p=8) in fulfilling the purposes of other laws applicable to [restoration](/usc/16/941b.md?p=10) of the [fish and wildlife](/usc/16/3102.md?p=17) resources and habitat of the [Great Lakes Basin](/usc/16/941b.md?p=3).
- (e) **Cost sharing—**
  - (1) **In general—**
    - (A) **Non-Federal share—** Except as provided in paragraphs [(3)](#e-3) and [(5)](#e-5) and subject to [paragraph (2)](#e-2), not less than 25 percent of the cost of implementing a proposal or [regional project](/usc/16/941b.md?p=8) selected under [subsection (d)](#d) (excluding the cost of establishing sea lamprey barriers) shall be paid in cash or in-kind contributions by [non-Federal sources](/usc/16/941b.md?p=6).
    - (B) **Time period for providing match—** The non-Federal share of the cost of implementing a proposal or [regional project](/usc/16/941b.md?p=8) required under [subparagraph (A)](#e-1-A) may be provided at any time during the 2-year period preceding January 1 of the year in which the [Director](/usc/16/941b.md?p=2) receives the application for the proposal or [regional project](/usc/16/941b.md?p=8).
  - (2) **Authorized sources of non-Federal share—**
    - (A) **In general—** The [Director](/usc/16/941b.md?p=2) may determine the non-Federal share under [paragraph (1)](#e-1) by [taking](/usc/16/3102.md?p=18) into account—
      - (i) the appraised value of land or a conservation easement as described in [subparagraph (B)](#e-2-B); or
      - (ii) as described in [subparagraph (C)](#e-2-C), the costs associated with—
        - (I) securing a conservation easement; and
        - (II) [restoration](/usc/16/941b.md?p=10) 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](/usc/16/941b.md?p=8) required under [paragraph (1)(A)](#e-1-A) if the [Director](/usc/16/941b.md?p=2) determines that the conservation easement—
        - (I) meets the requirements of [subsection (b)(2)](#b-2);
        - (II) is acquired before the end of the grant period of the proposal or [regional project](/usc/16/941b.md?p=8);
        - (III) is held in perpetuity for the conservation purposes of the programs of the United States [Fish and Wildlife](/usc/16/3102.md?p=17) Service related to the [Great Lakes Basin](/usc/16/941b.md?p=3), as described in [section 941d of this title](/usc/16/941d.md), by an accredited land [trust](/usc/16/450ss–1.md?p=4) or conservancy or a Federal, [State](/usc/16/590q.md?p=a), or tribal agency;
        - (IV) is connected either physically or through a conservation planning process to the proposal or [regional project](/usc/16/941b.md?p=8); and
        - (V) is appraised in accordance with [clause (ii)](#e-2-B-ii).
      - (ii) **Appraisal—** With respect to the appraisal of a conservation easement described in [clause (i)](#e-2-B-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](/usc/16/590q.md?p=a)-certified appraiser.
    - (C) **Costs of securing conservation easements—**
      - (i) **In general—** All costs associated with securing a conservation easement and [restoration](/usc/16/941b.md?p=10) 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](/usc/16/941b.md?p=8) required under [paragraph (1)(A)](#e-1-A) if the activities and expenses associated with securing the conservation easement and [restoration](/usc/16/941b.md?p=10) or enhancement of that conservation easement meet the requirements of [subparagraph (B)(i)](#e-2-B-i).
      - (ii) **Inclusion—** The costs referred to in [clause (i)](#e-2-C-i) may include cash, in-kind contributions, and indirect costs.
      - (iii) **Exclusion—** The costs referred to in [clause (i)](#e-2-C-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](/usc/16/941b.md?p=8) selected under [subsection (d)](#d) shall be exempt from cost sharing if the [Director](/usc/16/941b.md?p=2) determines that the authorization for the [project](/usc/16/410r–5.md?p=c-4) does not require a non-Federal cost-share.
  - (4) **Exclusion of Federal funds from non-Federal share—** The [Director](/usc/16/941b.md?p=2) may not consider the expenditure, directly or indirectly, of Federal funds received by any entity to be a contribution by a [non-Federal source](/usc/16/941b.md?p=6) for purposes of this subsection.
  - (5) **Effect on certain Indian tribes—** Nothing in this subsection affects an [Indian tribe](/usc/16/941b.md?p=4) affected by an alternative applicable cost sharing requirement under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](/usc/25/450.md) et seq.).[^1]

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 101–537, title I, § 1005, Nov. 8, 1990, 104 Stat. 2372; Pub. L. 101–646, title II, § 2005, Nov. 29, 1990, 104 Stat. 4775; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 105–265, §§ 3(b), 6, Oct. 19, 1998, 112 Stat. 2358, 2359; Pub. L. 109–326, § 4, Oct. 11, 2006, 120 Stat. 1762; Pub. L. 114–322, title III, § 3901(c), Dec. 16, 2016, 130 Stat. 1848.)

## Notes

### 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.