{"identifier":"/us/usc/t42/s1962d\u201322","title":42,"num":"\u00a7\u202f1962d\u201322.","heading":"Great Lakes fishery and ecosystem restoration","text":"\u00a7\u202f1962d\u201322.\nGreat Lakes fishery and ecosystem restoration\n(a)\nFindings\nCongress finds that\u2014\n(1) the Great Lakes comprise a nationally and internationally significant fishery and ecosystem;\n(2) the Great Lakes fishery and ecosystem should be developed and enhanced in a coordinated manner; and\n(3) the Great Lakes fishery and ecosystem provides a diversity of opportunities, experiences, and beneficial uses.\n(b)\nDefinitions\nIn this section, the following definitions apply:\n(1)\nGreat Lake\n(A)\nIn general\nThe term \u201cGreat Lake\u201d 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).\n(B)\nInclusions\nThe term \u201cGreat Lake\u201d includes any connecting channel, historically connected tributary, and basin of a lake specified in subparagraph (A).\n(2)\nGreat Lakes Commission\nThe term \u201cGreat Lakes Commission\u201d means the Great Lakes Commission established by the Great Lakes Basin Compact (\n82 Stat. 414\n(3)\nGreat Lakes Fishery Commission\nThe term \u201cGreat Lakes Fishery Commission\u201d has the meaning given the term \u201cCommission\u201d in\nsection 931 of title 16\n(4)\nGreat Lakes State\nThe term \u201cGreat Lakes State\u201d means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin.\n(c)\nGreat Lakes fishery and ecosystem restoration\n(1)\nSupport plan\n(A)\nIn general\nNot later than 1 year after\nDecember 11, 2000\n(B)\nUse of existing documents\nTo the maximum extent practicable, the plan shall make use of and incorporate documents that relate to the Great Lakes and are in existence on\nDecember 11, 2000\n(C)\nCooperation\nThe Secretary shall develop the plan in cooperation with\u2014\n(i) the signatories to the Joint Strategic Plan for Management of the Great Lakes Fisheries; and\n(ii) other affected interests.\n(2)\nReconnaissance studies\nBefore planning, designing, or constructing a project under paragraph (3), the Secretary shall carry out a reconnaissance study\u2014\n(A) to identify methods of restoring the fishery, ecosystem, and beneficial uses of the Great Lakes; and\n(B) to determine whether planning of a project under paragraph (3) should proceed.\n(3)\nProjects\nThe Secretary shall plan, design, and construct projects to support the restoration of the fishery, ecosystem, and beneficial uses of the Great Lakes.\n(4)\nEvaluation program\n(A)\nIn general\nThe Secretary shall develop a program to evaluate the success of the projects carried out under paragraph (3) in meeting fishery and ecosystem restoration goals.\n(B)\nStudies\nEvaluations under subparagraph (A) shall be conducted in consultation with the Great Lakes Fishery Commission and appropriate Federal, State, and local agencies.\n(5)\nRecreation features\nA project carried out pursuant to this subsection may include compatible recreation features as determined by the Secretary, except that the Federal costs of such features may not exceed 10 percent of the Federal ecosystem restoration costs of the project.\n(d)\nCooperative agreements\nIn 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.\n(e)\nRelationship to other Great Lakes activities\nNo activity under this section shall affect the date of completion of any other activity relating to the Great Lakes that is authorized under other law.\n(f)\nCost sharing\n(1)\nDevelopment of plan\nThe Federal share of the cost of development of the plan under subsection (c)(1) shall be 65 percent.\n(2)\nProject planning, design, construction, and evaluation\nExcept 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) shall be 65 percent.\n(3)\nNon-Federal share\n(A)\nCredit for land, easements, and rights-of-way\nThe Secretary shall 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).\n(B)\nForm\nThe 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.\n(4)\nOperation and maintenance\nThe operation, maintenance, repair, rehabilitation, and replacement of projects carried out under this section shall be a non-Federal responsibility.\n(5)\nNon-Federal interests\nIn accordance with\nsection 1962d\u20135b of this title","url":"https://projectusc.org/usc/t42/s1962d\u201322.html","content":[{"t":"sec","id":"/us/usc/t42/s1962d\u201322","children":[{"t":"num","text":"\u00a7\u202f1962d\u201322."},{"t":"heading","text":"Great Lakes fishery and ecosystem restoration"},{"t":"subsec","id":"/us/usc/t42/s1962d\u201322/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Findings"},{"t":"chapeau","text":"Congress finds that\u2014"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the Great Lakes comprise a nationally and internationally significant fishery and ecosystem;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the Great Lakes fishery and ecosystem should be developed and enhanced in a coordinated manner; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" the Great Lakes fishery and ecosystem provides a diversity of opportunities, experiences, and beneficial uses.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1962d\u201322/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section, the following definitions apply:"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Great Lake"},{"t":"subpara","id":"/us/usc/t42/s1962d\u201322/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cGreat Lake\u201d 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).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1962d\u201322/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Inclusions"},{"t":"content","children":[{"t":"p","text":"The term \u201cGreat Lake\u201d includes any connecting channel, historically connected tributary, and basin of a lake specified in subparagraph (A).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Great Lakes Commission"},{"t":"content","children":[{"t":"p","text":"The term \u201cGreat Lakes Commission\u201d means the Great Lakes Commission established by the Great Lakes Basin Compact (","children":[{"t":"ref","text":"82 Stat. 414","href":"/us/stat/82/414","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Great Lakes Fishery Commission"},{"t":"content","children":[{"t":"p","text":"The term \u201cGreat Lakes Fishery Commission\u201d has the meaning given the term \u201cCommission\u201d in ","children":[{"t":"ref","text":"section 931 of title 16","href":"/us/usc/t16/s931","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Great Lakes State"},{"t":"content","children":[{"t":"p","text":"The term \u201cGreat Lakes State\u201d means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1962d\u201322/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Great Lakes fishery and ecosystem restoration"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Support plan"},{"t":"subpara","id":"/us/usc/t42/s1962d\u201322/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Not later than 1 year after ","children":[{"t":"text","text":"December 11, 2000","tail":", the Secretary shall develop a plan for activities of the Corps of Engineers that support the management of Great Lakes fisheries."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1962d\u201322/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Use of existing documents"},{"t":"content","children":[{"t":"p","text":"To the maximum extent practicable, the plan shall make use of and incorporate documents that relate to the Great Lakes and are in existence on ","children":[{"t":"text","text":"December 11, 2000","tail":", such as lakewide management plans and remedial action plans."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1962d\u201322/c/1/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Cooperation"},{"t":"chapeau","text":"The Secretary shall develop the plan in cooperation with\u2014"},{"t":"clause","id":"/us/usc/t42/s1962d\u201322/c/1/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the signatories to the Joint Strategic Plan for Management of the Great Lakes Fisheries; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1962d\u201322/c/1/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" other affected interests.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Reconnaissance studies"},{"t":"chapeau","text":"Before planning, designing, or constructing a project under paragraph (3), the Secretary shall carry out a reconnaissance study\u2014"},{"t":"subpara","id":"/us/usc/t42/s1962d\u201322/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" to identify methods of restoring the fishery, ecosystem, and beneficial uses of the Great Lakes; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1962d\u201322/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to determine whether planning of a project under paragraph (3) should proceed.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Projects"},{"t":"content","children":[{"t":"p","text":"The Secretary shall plan, design, and construct projects to support the restoration of the fishery, ecosystem, and beneficial uses of the Great Lakes.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/c/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Evaluation program"},{"t":"subpara","id":"/us/usc/t42/s1962d\u201322/c/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Secretary shall develop a program to evaluate the success of the projects carried out under paragraph (3) in meeting fishery and ecosystem restoration goals.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1962d\u201322/c/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Studies"},{"t":"content","children":[{"t":"p","text":"Evaluations under subparagraph (A) shall be conducted in consultation with the Great Lakes Fishery Commission and appropriate Federal, State, and local agencies.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/c/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Recreation features"},{"t":"content","children":[{"t":"p","text":"A project carried out pursuant to this subsection may include compatible recreation features as determined by the Secretary, except that the Federal costs of such features may not exceed 10 percent of the Federal ecosystem restoration costs of the project.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1962d\u201322/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Cooperative agreements"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1962d\u201322/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Relationship to other Great Lakes activities"},{"t":"content","children":[{"t":"p","text":"No activity under this section shall affect the date of completion of any other activity relating to the Great Lakes that is authorized under other law.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1962d\u201322/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Cost sharing"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/f/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Development of plan"},{"t":"content","children":[{"t":"p","text":"The Federal share of the cost of development of the plan under subsection (c)(1) shall be 65 percent.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/f/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Project planning, design, construction, and evaluation"},{"t":"content","children":[{"t":"p","text":"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) shall be 65 percent.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/f/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Non-Federal share"},{"t":"subpara","id":"/us/usc/t42/s1962d\u201322/f/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Credit for land, easements, and rights-of-way"},{"t":"content","children":[{"t":"p","text":"The Secretary shall 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).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1962d\u201322/f/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Form"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/f/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Operation and maintenance"},{"t":"content","children":[{"t":"p","text":"The operation, maintenance, repair, rehabilitation, and replacement of projects carried out under this section shall be a non-Federal responsibility.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1962d\u201322/f/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Non-Federal interests"},{"t":"content","children":[{"t":"p","text":"In accordance with ","children":[{"t":"ref","text":"section 1962d\u20135b of this title","href":"/us/usc/t42/s1962d\u20135b","tail":", for any project carried out under this section, a non-Federal interest may include a private interest and a nonprofit entity."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}