North American Wetlands Conservation Act

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-CITE16 USC CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADCHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-MISC1Sec.
4401.
4402.
4403.
4404.
4405.
4406.
4407.
4408.
4409.
4410.
4411.
4412.
4413.
4414.

Findings and statement of purpose.
Definitions.
Establishment of North American Wetlands Conservation
Council.
Approval of wetlands conservation projects.
Conditions relating to wetlands conservation projects.
Amounts available to carry out this chapter.
Allocation of amounts available to carry out this
chapter.
Restoration, management, and protection of wetlands
and habitat for migratory birds on Federal lands.
Report to Congress.
Revisions to Plan.
Relationship to other authorities.
Limitation on assessments against Migratory Bird
Conservation Fund.
Other agreements.
Assessment of progress in wetlands conservation.

-End-

-CITE16 USC Sec. 4401

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4401. Findings and statement of purpose
-STATUTE(a) Findings
The Congress finds and declares that (1) the maintenance of healthy populations of migratory birds
in North America is dependent on the protection, restoration, and
management of wetland ecosystems and associated habitats in
Canada, as well as in the United States and Mexico;
(2) wetland ecosystems provide essential and significant
habitat for fish, shellfish, and other wildlife of commercial,
recreational, scientific, and aesthetic values;
(3) almost 35 per centum of all rare, threatened, and
endangered species of animals are dependent on wetland
ecosystems;
(4) wetland ecosystems provide substantial flood and storm
control values and can obviate the need for expensive manmade

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control measures;
(5) wetland ecosystems make a significant contribution to water
availability and quality, recharging ground water, filtering
surface runoff, and providing waste treatment;
(6) wetland ecosystems provide aquatic areas important for
recreational and aesthetic purposes;
(7) more than 50 per centum of the original wetlands in the
United States alone have been lost;
(8) wetlands destruction, loss of nesting cover, and
degradation of migration and wintering habitat have contributed
to long-term downward trends in populations of migratory bird
species such as pintails, American bitterns, and black ducks;
(9) the migratory bird treaty obligations of the United States
with Canada, Mexico, and other countries require protection of
wetlands that are used by migratory birds for breeding,
wintering, or migration and are needed to achieve and to maintain
optimum population levels, distributions, and patterns of
migration;
(10) the 1988 amendments to the Fish and Wildlife Conservation
Act of 1980 require the Secretary of the Interior to identify
conservation measures to assure that nongame migratory bird
species do not reach the point at which measures of the
Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.] are
necessary;
(11) protection of migratory birds and their habitats requires
long-term planning and the close cooperation and coordination of
management activities by Canada, Mexico, and the United States
within the framework of the 1916 and 1936 Migratory Bird
Conventions and the Convention on Nature Protection and Wildlife
Preservation in the Western Hemisphere;
(12) the North American Waterfowl Management Plan, signed in
1986 by the Minister of Environment for Canada and the Secretary
of the Interior for the United States and in 1994 by the
Secretary of Sedesol for Mexico, provides a framework for
maintaining and restoring an adequate habitat base to ensure
perpetuation of populations of North American waterfowl and other
migratory bird species;
(13) a tripartite agreement signed in March 1988, by the
Director General for Ecological Conservation of Natural Resources
of Mexico, the Director of the Canadian Wildlife Service, and the
Director of the United States Fish and Wildlife Service, provides
for expanded cooperative efforts in Mexico to conserve wetlands
for migratory birds that spend the winter there;
(14) the long-term conservation of migratory birds and habitat
for these species will require the coordinated action of
governments, private organizations, landowners, and other
citizens; and
(15) the treaty obligations of the United States under the
Convention on Wetlands of International Importance especially as
waterfowl habitat requires promotion of conservation and wise use
of wetlands.
(b) Purpose
The purposes of this chapter are to encourage partnership among
public agencies and other interests (1) to protect, enhance, restore, and manage an appropriate
distribution and diversity of wetland ecosystems and habitats
associated with wetland ecosystems and other fish and wildlife in
North America;
(2) to maintain current or improved distributions of wetland
associated migratory bird populations; and

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(3) to sustain an abundance of waterfowl and other wetland
associated migratory birds consistent with the goals of the North
American Waterfowl Management Plan, the United States Shorebird
Conservation Plan, the North American Waterbird Conservation
Plan, the Partners In Flight Conservation Plans, and the
international obligations contained in the migratory bird
treaties and conventions and other agreements with Canada,
Mexico, and other countries.
-SOURCE(Pub. L. 101-233, Sec. 2, Dec. 13, 1989, 103 Stat. 1968; Pub. L.
107-308, Secs. 3, 8(a)(1), (2), Dec. 2, 2002, 116 Stat. 2446,
2447.)
-REFTEXTREFERENCES IN TEXT
The Fish and Wildlife Conservation Act of 1980, referred to in
subsec. (a)(10), is Pub. L. 96-366, Sept. 29, 1980, 94 Stat. 1322,
as amended, which is classified generally to chapter 49 (Sec. 2901
et seq.) of this title. In 1988, section 2912 of that chapter was
enacted and section 2910 of that chapter was amended by Pub. L. 100653, title VIII, Nov. 14, 1988, 102 Stat. 3833. For complete
classification of this Act to the Code, see Short Title note set
out under section 2901 of this title and Tables.
The Endangered Species Act of 1973, referred to in subsec.
(a)(10), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as
amended, which is classified generally to chapter 35 (Sec. 1531 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1531 of this title
and Tables.
This chapter, referred to in subsec. (b), was in the original
"this Act", meaning Pub. L. 101-233, Dec. 13, 1989, 103 Stat. 1968,
as amended, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title
note set out below and Tables.

-MISC1AMENDMENTS
2002 - Subsec. (a)(1). Pub. L. 107-308, Sec. 3(a), substituted
"and associated habitats" for "and other habitats".
Subsec. (a)(10). Pub. L. 107-308, Sec. 8(a)(1), inserted "of
1973" after "Endangered Species Act".
Subsec. (a)(12). Pub. L. 107-308, Sec. 8(a)(2), inserted "and in
1994 by the Secretary of Sedesol for Mexico" after "United States".
Subsec. (b)(1). Pub. L. 107-308, Sec. 3(b)(1), substituted "and
habitats associated with wetland ecosystems" for "and other
habitats for migratory birds".
Subsec. (b)(2). Pub. L. 107-308, Sec. 3(b)(2), inserted "wetland
associated" before "migratory bird".
Subsec. (b)(3). Pub. L. 107-308, Sec. 3(b)(3), inserted "wetland
associated" before "migratory birds" and ", the United States
Shorebird Conservation Plan, the North American Waterbird
Conservation Plan, the Partners In Flight Conservation Plans,"
after "North American Waterfowl Management Plan".
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109-322, Sec. 1, Oct. 11, 2006, 120 Stat. 1756, provided
that: "This Act [amending section 4406 of this title] may be cited
as the 'North American Wetlands Conservation Reauthorization Act of

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2006'."
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-308, Sec. 1, Dec. 2, 2002, 116 Stat. 2446, provided
that: "This Act [amending this section and sections 4402 to 4404,
4406, 4407, 4409, and 4413 of this title, enacting provisions set
out as a note under section 4403 of this title, and amending
provisions set out as a note under section 461 of this title] may
be cited as the 'North American Wetlands Conservation
Reauthorization Act'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-312, title III, Sec. 301, Oct. 30, 1998, 112 Stat.
2958, provided that: "This title [amending sections 3744 and 4406
of this title and enacting provisions set out as a note under
section 4403 of this title] may be cited as the 'Wetlands and
Wildlife Enhancement Act of 1998'."
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-375, Sec. 1, Oct. 19, 1994, 108 Stat. 3494, provided
that: "This Act [enacting section 4414 of this title and amending
sections 3742 to 3744, 3955, 4406, 4407, 4409, and 4410 of this
title] may be cited as the 'North American Wetlands Conservation
Act Amendments of 1994'."
SHORT TITLE
Section 1 of Pub. L. 101-233 provided that: "This Act [enacting
this chapter, amending sections 669b, 669c, 703, 715a, 2912, and
3931 of this title, enacting provisions set out as a note under
section 669b of this title, and amending provisions set out as a
note under section 668dd of this title] may be cited as the 'North
American Wetlands Conservation Act'."
-End-

-CITE16 USC Sec. 4402

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4402. Definitions
-STATUTEFor the purposes of this chapter:
(1) The term "Agreement" means the Tripartite Agreement signed
in March 1988, by the Director General for Ecological
Conservation of Natural Resources of Mexico, the Director of the
Canadian Wildlife Service, and the Director of the United States
Fish and Wildlife Service.
(2) The term "appropriate Committees" means the Committee on
Environment and Public Works of the United States Senate and the
Committee on Resources of the House of Representatives.
(3) The term "flyway" means the four administrative units used
by the United States Fish and Wildlife Service and the States in
the management of waterfowl populations.

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(4) The term "Migratory Bird Conservation Commission" means
that commission established by section 715a of this title.
(5) The term "migratory birds" means all wild birds native to
North America that are in an unconfined state and that are
protected under the Migratory Bird Treaty Act [16 U.S.C. 703 et
seq.], including ducks, geese, and swans of the family Anatidae,
species listed as threatened or endangered under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), and species defined
as nongame under the Fish and Wildlife Conservation Act of 1980
(16 U.S.C. 2901-2912).
(6) The term "Plan" means the North American Waterfowl
Management Plan signed by the Minister of the Environment for
Canada and the Secretary of the Interior for the United States in
May 1986, and by the Secretary of Sedesol for Mexico in 1994, and
subsequent dates.
(7) The term "Secretary" means the Secretary of the Interior.
(8) The term "State" means the State fish and wildlife agency,
which shall be construed to mean any department, or any division
of any department of another name, of a State that is empowered
under its laws to exercise the functions ordinarily exercised by
a State fish and wildlife agency.
(9) The term "wetlands conservation project" means (A) the obtaining of a real property interest in lands or
waters, including water rights, of a wetland ecosystem and
associated habitat if the obtaining of such interest is subject
to terms and conditions that will ensure that the real property
will be administered for the long-term conservation of such
lands and waters and the migratory birds and other fish and
wildlife dependent thereon;
(B) the restoration, management, or enhancement of wetland
ecosystems and associated habitat for migratory birds and other
fish and wildlife species if such restoration, management, or
enhancement is conducted on lands and waters that are
administered for the long-term conservation of such lands and
waters and the migratory birds and other fish and wildlife
dependent thereon; and
(C) in the case of projects undertaken in Mexico, includes
technical training and development of infrastructure necessary
for the conservation and management of wetlands and studies on
the sustainable use of wetland resources.
-SOURCE(Pub. L. 101-233, Sec. 3, Dec. 13, 1989, 103 Stat. 1969; Pub. L.
107-308, Secs. 4, 8(a)(3)-(5), Dec. 2, 2002, 116 Stat. 2446, 2447.)
-REFTEXTREFERENCES IN TEXT
The Migratory Bird Treaty Act, referred to in par. (5), is act
July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is
classified generally to subchapter II (Sec. 703 et seq.) of chapter
7 of this title. For complete classification of this Act to the
Code, see section 710 of this title and Tables.
The Endangered Species Act of 1973, referred to in par. (5), is
Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified generally to chapter 35 (Sec. 1531 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1531 of this title and
Tables.
The Fish and Wildlife Conservation Act of 1980, referred to in
par. (5), is Pub. L. 96-366, Sept. 29, 1980, 94 Stat. 1322, as

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amended, which is classified generally to chapter 49 (Sec. 2901 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2901 of this title
and Tables.

-MISC1AMENDMENTS
2002 - Par. (2). Pub. L. 107-308, Sec. 8(a)(3), substituted
"Committee on Resources of the House of Representatives" for
"Committee on Merchant Marine and Fisheries of the United States
House of Representatives".
Par. (5). Pub. L. 107-308, Sec. 8(a)(4), inserted "of 1973" after
"Endangered Species Act".
Par. (6). Pub. L. 107-308, Sec. 8(a)(5), inserted ", and by the
Secretary of Sedesol for Mexico in 1994, and subsequent dates"
after "1986".
Par. (9)(A). Pub. L. 107-308, Sec. 4(1), inserted "of a wetland
ecosystem and associated habitat" after "including water rights,".
Par. (9)(B). Pub. L. 107-308, Sec. 4(2), substituted "and
associated habitat" for "and other habitat".
-End-

-CITE16 USC Sec. 4403

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4403. Establishment of North American Wetlands Conservation
Council
-STATUTE(a) Council membership
(1) There shall be established a North American Wetlands
Conservation Council (hereinafter in this chapter referred to as
the "Council") which shall consist of nine members who may not
receive compensation as members of the Council. Of the Council
members (A) one shall be the Director of the United States Fish and
Wildlife Service, who shall be the responsible Federal official
for ensuring Council compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B) one shall be the Secretary of the Board of the National
Fish and Wildlife Foundation appointed pursuant to section
3702(g)(2)(B) of this title;
(C) four shall be individuals who shall be appointed by the
Secretary, who shall reside in different flyways and who shall
each be a Director of the State fish and wildlife agency; and
(D) three shall be individuals who shall be appointed by the
Secretary and who shall each represent a different charitable and
nonprofit organization which is actively participating in
carrying out wetlands conservation projects under this chapter,
the Plan, or the Agreement.

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The provisions of Public Law 92-463, as amended, shall not apply to
the Council.
(2) The Secretary shall appoint an alternate member of the
Council who shall be knowledgeable and experienced in matters
relating to fish, wildlife, and wetlands conservation and who shall
perform the duties of a Council member appointed under subsection
(a)(1)(C) or subsection (a)(1)(D) of this section (A) until a vacancy referred to in subsection (b)(4) of this
section is filled; or
(B) in the event of the anticipated absence of such a member
from any meeting of the Council.
(b) Appointment and terms
(1) Except as provided in paragraphs (2) and (3), the term of
office of a member of the Council appointed under subsections
(a)(1)(C) and (a)(1)(D) of this section is three years.
(2) Of the Council members first appointed under subsection
(a)(1)(C) of this section after December 13, 1989, one shall be
appointed for a term of one year, one shall be appointed for a term
of two years, and two shall be appointed for a term of three years.
(3) Of the Council members first appointed under subsection
(a)(1)(D) of this section after December 13, 1989, one shall be
appointed for a term of one year, one shall be appointed for a term
of two years, and one shall be appointed for a term of three years.
(4) Whenever a vacancy occurs among members of the Council
appointed under subsection (a)(1)(C) or subsection (a)(1)(D) of
this section, the Secretary shall appoint an individual in
accordance with either such subsection to fill that vacancy for the
remainder of the applicable term.
(c) Ex officio Council members
The Secretary is authorized and encouraged to include as ex
officio nonvoting members of the Council representatives of (1) the Federal, provincial, territorial, or State government
agencies of Canada and Mexico, which are participating actively
in carrying out one or more wetlands conservation projects under
this chapter, the Plan, or the Agreement;
(2) the Environmental Protection Agency and other appropriate
Federal agencies, in addition to the United States Fish and
Wildlife Service, which are participating actively in carrying
out one or more wetlands conservation projects under this
chapter, the Plan, or the Agreement; and
(3) nonprofit charitable organizations and Native American
interests, including tribal organizations, which are
participating actively in one or more wetlands conservation
projects under this chapter, the Plan, or the Agreement.
(d) Chairman
The Chairman shall be elected by the Council from its members for
a three-year term, except that the first elected Chairman may serve
a term of less than three years.
(e) Quorum
A majority of the current membership of the Council shall
constitute a quorum for the transaction of business.
(f) Meetings
The Council shall meet at the call of the Chairman at least once
a year. Council meetings shall be open to the public, and the
Chairman shall take appropriate steps to provide adequate notice to
the public of the time and place of such meetings. If a Council
member appointed under subsection (a)(1)(C) or (a)(1)(D) of this
section misses three consecutive regularly scheduled meetings, the
Secretary may remove that individual in accordance with subsection
(b)(4) of this section.

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(g) Coordinator
The Director of the United States Fish and Wildlife Service shall
appoint an individual who shall serve at the pleasure of the
Director and (1) who shall be educated and experienced in the principles of
fish, wildlife, and wetlands conservation;
(2) who shall be responsible, with assistance from the United
States Fish and Wildlife Service, for facilitating consideration
of wetlands conservation projects by the Council and otherwise
assisting the Council in carrying out its responsibilities under
this chapter; and
(3) who shall be compensated with the funds available under
section 4407(a)(1) of this title for administering this chapter.
-SOURCE(Pub. L. 101-233, Sec. 4, Dec. 13, 1989, 103 Stat. 1970; Pub. L.
101-593, title I, Sec. 112(1)-(3), Nov. 16, 1990, 104 Stat. 2962;
Pub. L. 107-308, Sec. 8(a)(6), (7), (b)(1), Dec. 2, 2002, 116 Stat.
2447, 2448.)
-REFTEXTREFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in
subsec. (a)(1)(A), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,
as amended, which is classified generally to chapter 55 (Sec. 4321
et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.
Public Law 92-463, referred to in subsec. (a)(1), is Pub. L. 92463, Oct. 6, 1972, 86 Stat. 770, as amended, known as the Federal
Advisory Committee Act, which is set out in the Appendix to Title
5, Government Organization and Employees.

-MISC1AMENDMENTS
2002 - Subsec. (a)(1)(A). Pub. L. 107-308, Sec. 8(b)(1), amended
directory language of Pub. L. 101-593, Sec. 112(1). See 1990
Amendment note below.
Subsec. (a)(1)(B). Pub. L. 107-308, Sec. 8(a)(6), substituted
"section 3702(g)(2)(B)" for "section 3702(2)(B)".
Subsec. (c). Pub. L. 107-308, Sec. 8(a)(7), substituted "Council"
for "Commission" in introductory provisions.
1990 - Subsec. (a)(1). Pub. L. 101-593, Sec. 112(2), inserted
sentence at end relating to Public Law 92-463.
Subsec. (a)(1)(A). Pub. L. 101-593, Sec. 112(1), as amended by
Pub. L. 107-308, Sec. 8(b)(1), inserted ", who shall be the
responsible Federal official for ensuring Council compliance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.)" after "Service".
Subsec. (f). Pub. L. 101-593, Sec. 112(3), inserted before period
at end of first sentence ", and the Chairman shall take appropriate
steps to provide adequate notice to the public of the time and
place of such meetings".
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-308, Sec. 8(b)(2), Dec. 2, 2002, 116 Stat. 2448,
provided that: "Paragraph (1) of this subsection [amending this
section] shall be effective on and after the effective date of
section 112(1) of Public Law 101-593 (104 Stat. 2962) [Nov. 16,

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1990]."
MEMBERSHIP OF NORTH AMERICAN WETLANDS CONSERVATION COUNCIL
Pub. L. 105-312, title III, Sec. 304, Oct. 30, 1998, 112 Stat.
2958, provided that:
"(a) In General. - Notwithstanding section 4(a)(1)(D) of the
North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D)),
during the period of 1999 through 2002, the membership of the North
American Wetlands Conservation Council under section 4(a)(1)(D) of
that Act shall consist of "(1) 1 individual who shall be the Group Manager for
Conservation Programs of Ducks Unlimited, Inc. and who shall
serve for 1 term of 3 years beginning in 1999; and
"(2) 2 individuals who shall be appointed by the Secretary of
the Interior in accordance with section 4 of that Act and who
shall each represent a different organization described in
section 4(a)(1)(D) of that Act.
"(b) Publication of Policy. - Not later than June 30, 1999, the
Secretary of the Interior shall publish in the Federal Register,
after notice and opportunity for public comment, a policy for
making appointments under section 4(a)(1)(D) of the North American
Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D))."
-End-

-CITE16 USC Sec. 4404

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4404. Approval of wetlands conservation projects
-STATUTE(a) Consideration by Council
The Council shall recommend wetlands conservation projects to the
Migratory Bird Conservation Commission based on consideration of (1) the extent to which the wetlands conservation project
fulfills the purposes of this chapter, the Plan, or the
Agreement;
(2) the availability of sufficient non-Federal moneys to carry
out any wetlands conservation project and to match Federal
contributions in accordance with the requirements of section
4407(b) of this title;
(3) the extent to which any wetlands conservation project
represents a partnership among public agencies and private
entities;
(4) the consistency of any wetlands conservation project in the
United States with the National Wetlands Priority Conservation
Plan developed under section 3921 of this title;
(5) the extent to which any wetlands conservation project would
aid the conservation of migratory nongame birds, other fish and
wildlife and species that are listed, or are candidates to be
listed, as threatened and endangered under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(6) the substantiality of the character and design of the

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wetlands conservation project; and
(7) the recommendations of any partnerships among public
agencies and private entities in Canada, Mexico, or the United
States which are participating actively in carrying out one or
more wetlands conservation projects under this chapter, the Plan,
or the Agreement.
(b) Recommendations to Migratory Bird Conservation Commission
The Council shall submit to the Migratory Bird Conservation
Commission each year a description, including estimated costs, of
the wetlands conservation projects which the Council has considered
under subsection (a) of this section and which it recommends, in
order of priority, that the Migratory Bird Conservation Commission
approve for Federal funding under this chapter and section 669b(b)
of this title. Solely for the purpose of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), recommendations by the
Council for carrying out wetlands conservation projects under
section 4405(a) of this title shall be considered Federal actions
requiring the preparation of environmental assessments or, where
appropriate, environmental impact statements.
(c) Council procedures
The Council shall establish practices and procedures for the
carrying out of its functions under subsections (a) and (b) of this
section. The procedures shall include requirements that (1) a quorum of the Council must be present before any business
may be transacted; and
(2) no recommendations referred to in subsection (b) of this
section may be adopted by the Council except by the vote of twothirds of all members present and voting.
(d) Council representation on Migratory Bird Conservation
Commission
The Chairman of the Council shall select 2 Council members of the
(!1) United States citizenship to serve with the Chairman as ex
officio members of the Migratory Bird Conservation Commission for
the purposes of considering and voting upon wetlands conservation
projects recommended by the Council.
(e) Approval of Council recommendations by Migratory Bird
Conservation Commission
The Migratory Bird Conservation Commission, along with the two
members of the Council referred to in subsection (d) of this
section, shall approve, reject or reorder the priority of any
wetlands conservation projects recommended by the Council based on,
to the greatest extent practicable, the criteria of subsection (a)
of this section. If the Migratory Bird Conservation Commission
approves any wetlands conservation project, Federal funding shall
be made available under this chapter and section 669b(b) of this
title. If the Migratory Bird Conservation Commission rejects or
reorders the priority of any wetlands conservation project
recommended by the Council, the Migratory Bird Conservation
Commission shall provide the Council and the appropriate Committees
with a written statement explaining its rationale for the rejection
or the priority modification.
(f) Notification of appropriate Committees
The Migratory Bird Conservation Commission shall submit annually
to the appropriate Committees a report including a list and
description of the wetlands conservation projects approved by the
Migratory Bird Conservation Commission for Federal funding under
subsection (e) of this section in order of priority; the amounts
and sources of Federal and non-Federal funding for such projects; a
justification for the approval of such projects and the order of

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priority for funding such projects; a list and description of the
wetlands conservation projects which the Council recommended, in
order of priority that the Migratory Bird Conservation Commission
approve for Federal funding; and a justification for any rejection
or re-ordering of the priority of wetlands conservation projects
recommended by the Council that was based on factors other than the
criteria of subsection (a) of this section.
-SOURCE(Pub. L. 101-233, Sec. 5, Dec. 13, 1989, 103 Stat. 1972; Pub. L.
101-593, title I, Sec. 112(4), Nov. 16, 1990, 104 Stat. 2962; Pub.
L. 107-308, Sec. 8(a)(8)-(11), Dec. 2, 2002, 116 Stat. 2448.)
-REFTEXTREFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in subsec.
(a)(5), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended,
which is classified generally to chapter 35 (Sec. 1531 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 1531 of this title and
Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.

-MISC1AMENDMENTS
2002 - Subsec. (a)(5). Pub. L. 107-308, Sec. 8(a)(8), inserted
"of 1973" after "Endangered Species Act".
Subsec. (b). Pub. L. 107-308, Sec. 8(a)(9), substituted "each
year" for "by January 1 of each year,".
Subsec. (d). Pub. L. 107-308, Sec. 8(a)(10), substituted "2
Council members" for "one Council member".
Subsec. (f). Pub. L. 107-308, Sec. 8(a)(11), substituted
"subsection (e)" for "subsection (d)".
1990 - Subsec. (b). Pub. L. 101-593 inserted at end "Solely for
the purpose of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), recommendations by the Council for carrying
out wetlands conservation projects under section 4405(a) of this
title shall be considered Federal actions requiring the preparation
of environmental assessments or, where appropriate, environmental
impact statements."
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which the 5th item on page 177 identifies a reporting provision
which, as subsequently amended, is contained in subsec. (f) of this
section), see section 3003 of Pub. L. 104-66, as amended, and
section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set out
as notes under section 1113 of Title 31, Money and Finance.
-FOOTNOTE(!1) So in original.

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-End-

-CITE16 USC Sec. 4405

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4405. Conditions relating to wetlands conservation projects
-STATUTE(a) Projects in United States
(1) Subject to the allocation requirements of section 4407(a)(2)
of this title and the limitations on Federal contributions under
section 4407(b) of this title, the Secretary shall assist in
carrying out wetlands conservation projects in the United States,
which have been approved by the Migratory Bird Conservation
Commission, with the Federal funds made available under this
chapter and section 669b(b) of this title.
(2) Except as provided in paragraph (3), any lands or waters or
interests therein acquired in whole or in part by the Secretary
with the Federal funds made available under this chapter and
section 669b(b) of this title to carry out wetlands conservation
projects shall be included in the National Wildlife Refuge System.
(3) In lieu of including in the National Wildlife Refuge System
any lands or waters or interests therein acquired under this
chapter, the Secretary may, with the concurrence of the Migratory
Bird Conservation Commission, grant or otherwise provide the
Federal funds made available under this chapter and section 669b(b)
of this title or convey any real property interest acquired in
whole or in part with such funds without cost to a State or to
another public agency or other entity upon a finding by the
Secretary that the real property interests should not be included
in the National Wildlife Refuge System: Provided, That any grant
recipient shall have been so identified in the project description
accompanying the recommendation from the Council and approved by
the Migratory Bird Conservation Commission. The Secretary shall not
convey any such interest to a State, another public agency or other
entity unless the Secretary determines that such State, agency or
other entity is committed to undertake the management of the
property being transferred in accordance with the objectives of
this chapter, and the deed or other instrument of transfer contains
provisions for the reversion of title to the property to the United
States if such State, agency or other entity fails to manage the
property in accordance with the objectives of this chapter. Any
real property interest conveyed pursuant to this paragraph shall be
subject to such terms and conditions that will ensure that the
interest will be administered for the long-term conservation and
management of the wetland ecosystem and the fish and wildlife
dependent thereon.
(b) Projects in Canada or Mexico
Subject to the allocation requirements of section 4407(a)(1) of
this title and the limitations on Federal contributions under
section 4407(b) of this title, the Secretary shall grant or
otherwise provide the Federal funds made available under this

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chapter and section 669b(b) of this title to public agencies and
other entities for the purpose of assisting such entities and
individuals in carrying out wetlands conservation projects in
Canada or Mexico that have been approved by the Migratory Bird
Conservation Commission: Provided, That the grant recipient shall
have been so identified in the project description accompanying the
recommendation from the Council and approved by the Migratory Bird
Conservation Commission. The Secretary may only grant or otherwise
provide Federal funds if the grant is subject to the terms and
conditions that will ensure that any real property interest
acquired in whole or in part, or enhanced, managed, or restored
with such Federal funds will be administered for the long-term
conservation and management of such wetland ecosystem and the fish
and wildlife dependent thereon. Real property and interests in real
property acquired pursuant to this subsection shall not become part
of the National Wildlife Refuge System. Acquisitions of real
property and interests in real property carried out pursuant to
this subsection shall not be subject to any provision of Federal
law governing acquisitions of property for inclusion in the
National Wildlife Refuge System.
-SOURCE(Pub. L. 101-233, Sec. 6, Dec. 13, 1989, 103 Stat. 1973.)
-End-

-CITE16 USC Sec. 4406

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4406. Amounts available to carry out this chapter
-STATUTE(a) Omitted
(b) Migratory bird fines, penalties, forfeitures
The sums received under section 707 of this title as penalties or
fines, or from forfeitures of property are authorized to be
appropriated to the Department of the Interior for purposes of
allocation under section 4407 of this title. This subsection shall
not be construed to require the sale of instrumentalities.
(c) Authorization of appropriations
In addition to the amounts made available under subsections (a)
and (b) of this section, there are authorized to be appropriated to
the Department of the Interior for purposes of allocation under
section 4407 of this title not to exceed (1) $55,000,000 for fiscal year 2003;
(2) $60,000,000 for fiscal year 2004;
(3) $65,000,000 for fiscal year 2005;
(4) $70,000,000 for fiscal year 2006; and
(5) $75,000,000 for each of fiscal years 2008 through 2012.
(d) Availability of funds
Sums made available under this section shall be available until
expended.

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-SOURCE(Pub. L. 101-233, Sec. 7, Dec. 13, 1989, 103 Stat. 1974; Pub. L.
103-375, Sec. 4, Oct. 19, 1994, 108 Stat. 3495; Pub. L. 105-312,
title III, Sec. 302, Oct. 30, 1998, 112 Stat. 2958; Pub. L. 106553, Sec. 1(a)(2) [title IX, Sec. 902(i)], Dec. 21, 2000, 114
Stat. 2762, 2762A-124; Pub. L. 107-308, Sec. 5, Dec. 2, 2002, 116
Stat. 2447; Pub. L. 109-322, Sec. 2, Oct. 11, 2006, 120 Stat.
1756.)
-CODCODIFICATION
Section is comprised of section 7 of Pub. L. 101-233. Subsec. (a)
of section 7 of Pub. L. 101-233 amended sections 669b and 669c of
this title and enacted provisions set out as a note under section
669b of this title.

-MISC1AMENDMENTS
2006 - Subsec. (c)(5). Pub. L. 109-322 substituted "each of
fiscal years 2008 through 2012" for "fiscal year 2007".
2002 - Subsec. (c). Pub. L. 107-308 substituted "not to exceed " and pars. (1) to (5) for "not to exceed $50,000,000 for each of
fiscal years 1999 through 2003."
2000 - Subsec. (c). Pub. L. 106-553 substituted "$50,000,000" for
"$30,000,000".
1998 - Subsec. (c). Pub. L. 105-312 substituted "not to exceed
$30,000,000 for each of fiscal years 1999 through 2003." for "not
to exceed $20,000,000 for each of fiscal years 1995 and 1996 and
$30,000,000 for each of fiscal years 1997 and 1998."
1994 - Subsec. (c). Pub. L. 103-375 substituted "$20,000,000 for
each of fiscal years 1995 and 1996 and $30,000,000 for each of
fiscal years 1997 and 1998" for "$15,000,000 for each of fiscal
years 1991, 1992, 1993, and 1994".
-End-

-CITE16 USC Sec. 4407

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4407. Allocation of amounts available to carry out this
chapter
-STATUTE(a) Allocations
Of the sums available to the Secretary for any fiscal year under
this chapter and section 669b(b) of this title (1) such percentage of that sum (but at least 30 percent and
not more than 60 percent) as is considered appropriate by the
Secretary, which can be matched with non-Federal moneys in
accordance with the requirements of subsection (b) of this
section, less such amount (but not more than 4 percent of such
percentage) considered necessary by the Secretary to defray the

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costs of administering this chapter during such fiscal year,
shall be allocated by the Secretary to carry out approved
wetlands conservation projects in Canada and Mexico in accordance
with section 4405(b) of this title; and
(2) the remainder of such sum after paragraph (1) is applied
(but at least 40 percent and not more than 70 percent), which can
be matched with non-Federal moneys in accordance with the
requirements of subsection (b) of this section, shall be
allocated by the Secretary to carry out approved wetlands
conservation projects in the United States in accordance with
section 4405(a) of this title.
(b) Cost sharing
(1) Except as provided in paragraph (2), as a condition of
providing assistance under this chapter for any approved wetlands
conservation project, the Secretary shall require that the portion
of the costs of the project paid with amounts provided by nonFederal United States sources is equal to at least the amount
allocated under subsection (a) of this section that is used for the
project.
(2) Federal moneys allocated under subsection (a) of this section
may be used to pay 100 percent of the costs of such projects
located on Federal lands and waters, including the acquisition of
inholdings within such lands and waters.
(3) The non-Federal share of the United States contribution to
the costs of such projects may not be derived from Federal grant
programs. In the case of a project carried out in Mexico, the nonFederal share of the United States contribution to the costs of
the project may include cash contributions from non-United States
sources that are used to pay costs of the project.
(c) Partial payments
(1) The Secretary may from time to time make payments to carry
out approved wetlands conservation projects as such projects
progress, but such payments, including previous payments, if any,
shall not be more than the Federal pro rata share of any such
project in conformity with subsection (b) of this section.
(2) The Secretary may enter into agreements to make payments on
an initial portion of an approved wetlands conservation project and
to agree to make payments on the remaining Federal share of the
costs of such project from subsequent allocations if and when they
become available. The liability of the United States under such an
agreement is contingent upon the continued availability of funds
for the purposes of this chapter.
-SOURCE(Pub. L. 101-233, Sec. 8, Dec. 13, 1989, 103 Stat. 1975; Pub. L.
103-375, Sec. 2(a), Oct. 19, 1994, 108 Stat. 3494; Pub. L. 107-308,
Secs. 6, 7, Dec. 2, 2002, 116 Stat. 2447.)

-MISC1AMENDMENTS
2002 - Subsec. (a)(1). Pub. L. 107-308, Sec. 6(1), substituted
"(but at least 30 percent and not more than 60 percent)" for "(but
at least 50 per centum and not more than 70 per centum thereof)"
and "4 percent" for "4 per centum".
Subsec. (a)(2). Pub. L. 107-308, Sec. 6(2), substituted "(but at
least 40 percent and not more than 70 percent)" for "(but at least
30 per centum and not more than 50 per centum thereof)".
Subsec. (b). Pub. L. 107-308, Sec. 7, substituted heading for
former heading, substituted pars. (1) and (2) for first sentence

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which read as follows: "The Federal moneys allocated under
subsection (a) of this section for any fiscal year to carry out
approved wetlands conservation projects shall be used for the
payment of not to exceed 50 per centum of the total United States
contribution to the costs of such projects, or may be used for
payment of 100 per centum of the costs of such projects located on
Federal lands and waters, including the acquisition of inholdings
within such lands and waters.", and designated second and third
sentences as par. (3).
1994 - Subsec. (b). Pub. L. 103-375 inserted at end "In the case
of a project carried out in Mexico, the non-Federal share of the
United States contribution to the costs of the project may include
cash contributions from non-United States sources that are used to
pay costs of the project."
-End-

-CITE16 USC Sec. 4408

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4408. Restoration, management, and protection of wetlands and
habitat for migratory birds on Federal lands
-STATUTEThe head of each Federal agency responsible for acquiring,
managing, or disposing of Federal lands and waters shall, to the
extent consistent with the mission of such agency and existing
statutory authorities, cooperate with the Director of the United
States Fish and Wildlife Service to restore, protect, and enhance
the wetland ecosystems and other habitats for migratory birds,
fish, and wildlife within the lands and waters of each such agency.
-SOURCE(Pub. L. 101-233, Sec. 9, Dec. 13, 1989, 103 Stat. 1976.)
-End-

-CITE16 USC Sec. 4409

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4409. Report to Congress
-STATUTEThe Secretary shall report to the appropriate Committees on the
implementation of this chapter. The report shall include (1) a biennial assessment of -

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(A) the estimated number of acres of wetlands and habitat for
waterfowl and other migratory birds that were restored,
protected, or enhanced during such two-year period by Federal,
State, and local agencies and other entities in the United
States, Canada, and Mexico;
(B) trends in the population size and distribution of North
American migratory birds;
(C) the status of efforts to establish agreements with
nations in the Western Hemisphere pursuant to section 4413 of
this title; and
(D) wetlands conservation projects funded under this chapter,
listed and identified by type, conservation mechanism (such as
acquisition, easement, or lease), location, and duration; and
(2) an annual assessment of the status of wetlands conservation
projects, including an accounting of expenditures by Federal,
State, and other United States entities, and expenditures by
Canadian and Mexican sources to carry out these projects.
-SOURCE(Pub. L. 101-233, Sec. 10, Dec. 13, 1989, 103 Stat. 1976; Pub. L.
103-375, Sec. 2(b), Oct. 19, 1994, 108 Stat. 3494; Pub. L. 107-308,
Sec. 8(a)(12), (13), Dec. 2, 2002, 116 Stat. 2448.)
-REFTEXTREFERENCES IN TEXT
Section 4413 of this title, referred to in par. (1)(C), was in
the original a reference to section 16 of Pub. L. 101-233 which
enacted section 4413 of this title and amended section 2912 of this
title.

-MISC1AMENDMENTS
2002 - Par. (1)(C). Pub. L. 107-308, Sec. 8(a)(12), substituted
"Western Hemisphere" for "western hemisphere" and made technical
amendment to reference in original act which appears in text as
reference to section 4413 of this title.
Par. (1)(D). Pub. L. 107-308, Sec. 8(a)(13), substituted "; and"
for period at end.
1994 - Par. (1)(D). Pub. L. 103-375 added subpar. (D).
-End-

-CITE16 USC Sec. 4410

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4410. Revisions to Plan
-STATUTEThe Secretary shall, in 1998 and at five-year intervals
thereafter, undertake with the appropriate officials in Canada and
Mexico to revise the goals and other elements of the Plan in

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Page 18 of 20

accordance with the information required under section 4409 of this
title and with the other provisions of this chapter.
-SOURCE(Pub. L. 101-233, Sec. 11, Dec. 13, 1989, 103 Stat. 1976; Pub. L.
103-375, Sec. 2(c), Oct. 19, 1994, 108 Stat. 3494.)

-MISC1AMENDMENTS
1994 - Pub. L. 103-375 substituted "1998" for "1991", inserted
"and Mexico" after "Canada", and struck out at end "The Secretary
shall invite and encourage the appropriate officials in Mexico to
participate in any revisions of the Plan."
-End-

-CITE16 USC Sec. 4411

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4411. Relationship to other authorities
-STATUTE(a) Acquisition of lands and waters
Nothing in this chapter affects, alters, or modifies the
Secretary's authorities, responsibilities, obligations, or powers
to acquire lands or waters or interests therein under any other
statute.
(b) Mitigation
The Federal funds made available under this chapter and section
669b(b) of this title may not be used for fish and wildlife
mitigation purposes under the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.) or the Water Resources Development Act of
1986, Public Law 99-662 (1986), 100 Stat. 4235.
-SOURCE(Pub. L. 101-233, Sec. 12, Dec. 13, 1989, 103 Stat. 1977.)
-REFTEXTREFERENCES IN TEXT
The Fish and Wildlife Coordination Act, referred to in subsec.
(b), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which
is classified generally to sections 661 to 666c of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 661 of this title and Tables.
The Water Resources Development Act of 1986, referred to in
subsec. (b), is Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4082, as
amended. For complete classification of this Act to the Code, see
Short Title note set out under section 2201 of Title 33, Navigation
and Navigable Waters, and Tables.
-End-

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-CITE16 USC Sec. 4412

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4412. Limitation on assessments against Migratory Bird
Conservation Fund
-STATUTENotwithstanding any other provision of law, only those personnel
and administrative costs directly related to acquisition of real
property shall be levied against the Migratory Bird Conservation
Account.(!1)

-SOURCE(Pub. L. 101-233, Sec. 14, Dec. 13, 1989, 103 Stat. 1977.)
-FOOTNOTE(!1) So in original. Probably should be "Fund". See section 718d
of this title.

-End-

-CITE16 USC Sec. 4413

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4413. Other agreements
-STATUTEThe Secretary shall undertake with the appropriate officials of
nations in the Western Hemisphere to establish agreements, modeled
after the Plan or the Agreement, for the protection of migratory
birds identified in section 2912(a)(5) of this title. When any such
agreements are reached, the Secretary shall make recommendations to
the appropriate Committees on legislation necessary to implement
the agreements.
-SOURCE(Pub. L. 101-233, Sec. 16(a), Dec. 13, 1989, 103 Stat. 1977; Pub.
L. 107-308, Sec. 8(a)(14), Dec. 2, 2002, 116 Stat. 2448.)

-MISC1AMENDMENTS
2002 - Pub. L. 107-308 substituted "Western Hemisphere" for

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"western hemisphere".
-End-

-CITE16 USC Sec. 4414

01/03/2007

-EXPCITETITLE 16 - CONSERVATION
CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION
-HEADSec. 4414. Assessment of progress in wetlands conservation
-STATUTENot later than January 31, 1996, the Secretary, in cooperation
with the Council, to further the purposes of the chapter shall (1) develop and implement a strategy to assist in the
implementation of this Act in conserving the full complement of
North American wetlands systems and species dependent on those
systems, that incorporates information existing on the date of
the issuance of the strategy in final form on types of wetlands
habitats and species dependent on the habitats; and
(2) develop and implement procedures to monitor and evaluate
the effectiveness of wetlands conservation projects completed
under this chapter.
-SOURCE(Pub. L. 101-233, Sec. 19, as added Pub. L. 103-375, Sec. 3, Oct.
19, 1994, 108 Stat. 3494.)
-End-

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