Emergency Wetlands Resources Act of 1986 (16 U.S.C. § 3901)

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§ 3901

TITLE 16—CONSERVATION

(B) the process through which the Secretary is resolving appeals by program participants; and
(C) the means by which the Secretary is
tracking adherence to any applicable provisions for payment eligibility.
(Pub. L. 99–198, title XII, § 1271E, as added Pub.
L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat.
749.)
§ 3871f. Critical conservation areas
(a) In general
In
administering
funds
under
section
3871d(d)(3) of this title, the Secretary shall select applications for partnership agreements and
producer contracts within critical conservation
areas designated under this section.
(b) Critical conservation area designations
(1) Priority
In designating critical conservation areas
under this section, the Secretary shall give
priority to geographical areas based on the degree to which the geographical area—
(A) includes multiple States with significant agricultural production;
(B) is covered by an existing regional,
State, binational, or multistate agreement
or plan that has established objectives,
goals, and work plans and is adopted by a
Federal, State, or regional authority;
(C) would benefit from water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance;
(D) would benefit from water quantity improvement, including improvement relating
to—
(i) groundwater, surface water, aquifer,
or other water sources; or
(ii) a need to promote water retention
and flood prevention; or
(E) contains producers that need assistance in meeting or avoiding the need for a
natural resource regulatory requirement
that could have a negative impact on the
economic scope of the agricultural operations within the area.
(2) Expiration
Critical conservation area designations
under this section shall expire after 5 years,
subject to redesignation, except that the Secretary may withdraw designation from an area
if the Secretary finds the area no longer meets
the conditions described in paragraph (1).
(3) Limitation
The Secretary may not designate more than
8 geographical areas as critical conservation
areas under this section.
(c) Administration
(1) In general
Except as provided in paragraph (2), the Secretary shall administer any partnership agreement or producer contract under this section
in a manner that is consistent with the terms
of the program.

(2) Relationship to existing activity
The Secretary shall, to the maximum extent
practicable, ensure that eligible activities carried out in critical conservation areas designated under this section complement and
are consistent with other Federal and State
programs and water quality and quantity
strategies.
(3) Additional authority
For a critical conservation area described in
subsection (b)(1)(D), the Secretary may use authorities under the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001 et seq.),
other than section 14 of such Act (16 U.S.C.
1012), to carry out projects for the purposes of
this section.
(Pub. L. 99–198, title XII, § 1271F, as added Pub.
L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat.
750.)
REFERENCES IN TEXT
The Watershed Protection and Flood Prevention Act,
referred to in subsec. (c)(3), is act Aug. 4, 1954, ch. 656,
68 Stat. 666, which is classified principally to chapter 18
(§ 1001 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1001 of this title and Tables.

CHAPTER 59—WETLANDS RESOURCES
SUBCHAPTER I—GENERAL PROVISIONS
Sec.

3901.
3902.

Findings and statement of purpose.
Definitions.

SUBCHAPTER II—REVENUES FOR REFUGE OPERATIONS AND THE MIGRATORY BIRD CONSERVATION FUND
3911.
3912.

Repealed.
Transfers to Migratory Bird Conservation
Fund.
SUBCHAPTER III—STATE AND FEDERAL
WETLANDS ACQUISITION

3921.
3922.
3923.

National wetlands priority conservation plan.
Federal acquisition.
Restriction on use of eminent domain in acquisitions.

SUBCHAPTER IV—WETLANDS INVENTORY AND
TREND ANALYSIS
3931.
3932.

National wetlands inventory project.
Reports to Congress.

SUBCHAPTER I—GENERAL PROVISIONS
§ 3901. Findings and statement of purpose
(a) Findings
The Congress finds that—
(1) wetlands play an integral role in maintaining the quality of life through material
contributions to our national economy, food
supply, water supply and quality, flood control, and fish, wildlife, and plant resources,
and thus to the health, safety, recreation, and
economic well-being of all our citizens of the
Nation;
(2) wetlands provide habitat essential for the
breeding, spawning, nesting, migration, wintering and ultimate survival of a major portion of the migratory and resident fish and
wildlife of the Nation; including migratory

§ 3902

TITLE 16—CONSERVATION

birds, endangered species, commercially and
recreationally important finfish, shellfish and
other aquatic organisms, and contain many
unique species and communities of wild
plants;
(3) the migratory bird treaty obligations of
the Nation with Canada, Mexico, Japan, the
Union of Soviet Socialist Republics, and with
various countries in the Western Hemisphere
require Federal protection of wetlands that
are used by migratory birds for breeding, wintering or migration and needed to achieve and
to maintain optimum population levels, distributions, and patterns of migration;
(4) wetlands, and the fish, wildlife, and
plants dependent on wetlands, provide significant recreational and commercial benefits, including—
(A) contributions to a commercial marine
harvest valued at over $10,000,000,000 annually;
(B) support for a major portion of the Nation’s multimillion dollar annual fur and
hide harvest; and
(C) fishing, hunting, birdwatching, nature
observation and other wetland-related recreational activities that generate billions of
dollars annually;
(5) wetlands enhance the water quality and
water supply of the Nation by serving as
groundwater recharge areas, nutrient traps,
and chemical sinks;
(6) wetlands provide a natural means of flood
and erosion control by retaining water during
periods of high runoff, thereby protecting
against loss of life and property;
(7) wetlands constitute only a small percentage of the land area of the United States, are
estimated to have been reduced by half in the
contiguous States since the founding of our
Nation, and continue to disappear by hundreds
of thousands of acres each year;
(8) certain activities of the Federal Government have inappropriately altered or assisted
in the alteration of wetlands, thereby unnecessarily stimulating and accelerating the loss of
these valuable resources and the environmental and economic benefits that they provide; and
(9) the existing Federal, State, and private
cooperation in wetlands conservation should
be strengthened in order to minimize further
losses of these valuable areas and to assure
their management in the public interest for
this and future generations.
(b) Purpose
It is the purpose of this chapter to promote, in
concert with other Federal and State statutes
and programs, the conservation of the wetlands
of the Nation in order to maintain the public
benefits they provide and to help fulfill international obligations contained in various migratory bird treaties and conventions with Canada,
Mexico, Japan, the Union of Soviet Socialist Republics, and with various countries in the Western Hemisphere by—
(1) intensifying cooperative efforts among
private interests and local, State, and Federal
governments for the management and conservation of wetlands; and

Page 2212

(2) intensifying efforts to protect the wetlands of the Nation through acquisition in fee,
easements or other interests and methods by
local, State, and Federal governments and the
private sector.
(Pub. L. 99–645, § 2, Nov. 10, 1986, 100 Stat. 3582.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 99–645, Nov. 10,
1986, 100 Stat. 3582, known as the Emergency Wetlands
Resources Act of 1986. For complete classification of
this Act to the Code, see Short Title note below and
Tables.
SHORT TITLE
Pub. L. 99–645, § 1, Nov. 10, 1986, 100 Stat. 3582, provided that: ‘‘This Act [enacting this chapter, amending
sections 460l–8, 460l–9, 707, 715k–3, 715k–5, and 718b of
this title, and enacting a provision set out in the table
under section 668dd of this title] may be cited as the
‘Emergency Wetlands Resources Act of 1986’.’’

§ 3902. Definitions
For the purpose of this chapter:
(1) The term ‘‘Committees’’ means the Committee on Merchant Marine and Fisheries and
the Committee on Natural Resources of the
House of Representatives and the Committee
on Environment and Public Works and the
Committee on Energy and Natural Resources
of the Senate.
(2) The term ‘‘designated unit’’ means a unit
of the National Wildlife Refuge System designated by the Secretary under section
3911(a)(2) 1 of this title.
(3) The term ‘‘hydric soil’’ means soil that,
in its undrained condition, is saturated, flooded, or ponded long enough during a growing
season to develop an anaerobic condition that
supports the growth and regeneration of
hydrophytic vegetation.
(4) The term ‘‘hydrophytic vegetation’’
means a plant growing in—
(A) water; or
(B) a substrate that is at least periodically
deficient in oxygen during a growing season
as a result of excessive water content.
(5) The term ‘‘wetland’’ means land that has
a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in
saturated soil conditions.
(Pub. L. 99–645, § 3, Nov. 10, 1986, 100 Stat. 3583;
Pub. L. 103–437, § 6(d)(41), Nov. 2, 1994, 108 Stat.
4585.)
REFERENCES IN TEXT
Section 3911 of this title, referred to in par. (2), was
repealed by Pub. L. 108–447, div. J, title VIII, § 813(c),
Dec. 8, 2004, 118 Stat. 3390.
AMENDMENTS
1994—Par. (1). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.
1 See

References in Text note below.

Page 2213

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE
AND FISHERIES
Committee on Merchant Marine and Fisheries of
House of Representatives abolished and its jurisdiction
transferred by House Resolution No. 6, One Hundred
Fourth Congress, Jan. 4, 1995. Committee on Merchant
Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of
Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of
navigable waters, or oceanography by section 1(b)(3) of
Pub. L. 104–14, set out as a note preceding section 21 of
Title 2, The Congress. Committee on Resources of
House of Representatives changed to Committee on
Natural Resources of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress,
Jan. 5, 2007.

SUBCHAPTER II—REVENUES FOR REFUGE
OPERATIONS AND THE MIGRATORY BIRD
CONSERVATION FUND
§ 3911. Repealed. Pub. L. 108–447, div. J, title
VIII, § 813(c), Dec. 8, 2004, 118 Stat. 3390
Section, Pub. L. 99–645, title II, § 201, Nov. 10, 1986, 100
Stat. 3584, related to the sale of admission permits at
certain units of the National Wildlife Refuge System.

§ 3912. Transfers to Migratory Bird Conservation
Fund
Notwithstanding any other provision of law,
an amount equal to the amount of all import duties collected on arms and ammunition, as specified in chapter 93 of the Harmonized Tariff
Schedule of the United States, shall, beginning
with the next fiscal year quarter after November
10, 1986, be paid quarterly into the migratory
bird conservation fund 1 established under section 718d of this title.
(Pub. L. 99–645, title II, § 203, Nov. 10, 1986, 100
Stat. 3586; Pub. L. 100–418, title I, § 1214(f), Aug.
23, 1988, 102 Stat. 1156.)
REFERENCES IN TEXT
The Harmonized Tariff Schedule of the United States,
referred to in text, is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out
under section 1202 of Title 19, Customs Duties.
AMENDMENTS
1988—Pub. L. 100–418 substituted ‘‘chapter 93 of the
Harmonized Tariff Schedule of the United States’’ for
‘‘subpart A of part 5 of schedule 7 of the Tariff Schedules of the United States’’.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–418 effective Jan. 1, 1989,
and applicable with respect to articles entered on or
after such date, see section 1217(b)(1) of Pub. L. 100–418,
set out as an Effective Date note under section 3001 of
Title 19, Customs Duties.

SUBCHAPTER III—STATE AND FEDERAL
WETLANDS ACQUISITION
§ 3921. National wetlands priority conservation
plan
(a) In general
The Secretary shall establish, and periodically
review and revise, a national wetlands priority
1 So

§ 3923

TITLE 16—CONSERVATION

in original. Probably should be capitalized.

conservation plan which shall specify, on a region-by-region basis or other basis considered
appropriate by the Secretary, the types of wetlands and interests in wetlands which should be
given priority with respect to Federal and State
acquisition.
(b) Consultation
The Secretary shall establish the plan required by subsection (a) after consultation
with—
(1) the Administrator of the Environmental
Protection Agency;
(2) the Secretary of Commerce;
(3) the Secretary of Agriculture; and
(4) (the chief executive officer of) each State.
(c) Factors to be considered
The Secretary, in establishing the plan required by subsection (a), shall consider—
(1) the estimated proportion remaining of
the respective types of wetlands which existed
at the time of European settlement;
(2) the estimated current rate of loss and the
threat of future losses of the respective types
of wetlands; and
(3) the contributions of the respective types
of wetlands to—
(A) wildlife, including endangered and
threatened species, migratory birds, and
resident species;
(B) commercial and sport fisheries;
(C) surface and ground water quality and
quantity, and flood control;
(D) outdoor recreation; and
(E) other areas or concerns the Secretary
considers appropriate.
(Pub. L. 99–645, title III, § 301, Nov. 10, 1986, 100
Stat. 3586.)
§ 3922. Federal acquisition
The Secretary is authorized to purchase wetlands or interests in wetlands, which are not acquired under the authority of the Migratory
Bird Conservation Act of 1929 (16 U.S.C.
715–715s), consistent with the wetlands priority
conservation plan established under section 3921
of this title.
(Pub. L. 99–645, title III, § 304, Nov. 10, 1986, 100
Stat. 3588.)
REFERENCES IN TEXT
The Migratory Bird Conservation Act of 1929, referred
to in text, is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as
amended, which is classified generally to subchapter III
(§ 715 et seq.) of chapter 7 of this title. For complete
classification of this Act to the Code, see section 715 of
this title and Tables.

§ 3923. Restriction on use of eminent domain in
acquisitions
The powers of condemnation or eminent domain shall not be used in the acquisition of wetlands under any provision of this chapter where
such wetlands have been constructed for the
purpose of farming or ranching, or result from
conservation activities associated with farming
or ranching.
(Pub. L. 99–645, title III, § 305, Nov. 10, 1986, 100
Stat. 3588.)