42 U.S.C. § 1962d–22 — Great Lakes fishery and ecosystem restoration

(a) Findings 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) Definitions In this section, the following definitions apply: (1) Great Lake (A) In general 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) Inclusions The term “Great Lake” includes any connecting channel, historically connected tributary, and basin of a lake specified in subparagraph (A). (2) Great Lakes Commission The term “Great Lakes Commission” means the Great Lakes Commission established by the Great Lakes Basin Compact ( 82 Stat. 414 ). (3) Great Lakes Fishery Commission The term “Great Lakes Fishery Commission” has the meaning given the term “Commission” in section 931 of title 16 . (4) Great Lakes State^* The term “Great Lakes State” means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin. (c) Great Lakes fishery and ecosystem restoration (1) Support plan (A) In general Not later than 1 year after December 11, 2000 , the Secretary^* must develop a plan for activities of the Corps of Engineers that support the management of Great Lakes fisheries. (B) Use of existing documents To the maximum extent practicable, the plan must 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) Cooperation The Secretary must 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) Reconnaissance studies Before planning, designing, or constructing a project^* under paragraph (3), the Secretary must 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) Projects The Secretary must plan, design, and construct projects to support the restoration of the fishery, ecosystem, and beneficial uses of the Great Lakes. (4) Evaluation program (A) In general The Secretary must develop a program to evaluate the success of the projects carried out under paragraph (3) in meeting fishery and ecosystem restoration goals. (B) Studies Evaluations under subparagraph (A) must be conducted in consultation with the Great Lakes Fishery Commission and appropriate Federal, State, and local agencies. (5) Recreation features A project carried out under this subsection may include compatible recreation features as determined by the Secretary, except that the Federal costs of such features must not exceed 10 percent of the Federal ecosystem restoration costs of the project. (d) Cooperative agreements 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) Relationship to other Great Lakes activities No activity under this section must affect the date of completion of any other activity relating to the Great Lakes that is authorized under other law. (f) Cost sharing (1) Development of plan The Federal share of the cost of development of the plan under subsection (c)(1) must be 65 percent. (2) Project planning, design, construction, and evaluation 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) must be 65 percent. (3) Non-Federal share (A) Credit for land, easements, and rights-of-way The Secretary must 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) Form 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) Operation and maintenance The operation, maintenance, repair, rehabilitation, and replacement of projects carried out under this section must be a non-Federal responsibility. (5) Non-Federal interests 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.