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16 U.S.C. § 4403 — Establishment of North American Wetlands Conservation Council

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4403 — Establishment of North American Wetlands Conservation Council

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Source file: Laws/federal/codes/united-states-code/title-16/section-4403-establishment-of-north-american-wetlands-conservation-council--4e51956e25.md
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Source location: Title 16, Chapter 64, § 4403; chapter-064-north-american-wetlands-conservation.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.); (B) one shall be the Executive Director of the Board of the National Fish and Wildlife Foundation appointed pursuant to [section 3702(g)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3702/g/2/B&num=0&edition=prelim); (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. The provisions of chapter 10 of title 5 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). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4407/a/1&num=0&edition=prelim) for administering this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4401 — Findings and statement of purpose

**(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 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 measure

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4403 — Establishment of North American Wet-

Page 2486 TITLE 16—CONSERVATION § 4403 (Pub. L. 101–233, § 3, Dec. 13, 1989, 103 Stat. 1969; Pub. L. 107–308, §§ 4, 8(a)(3)–(5), Dec. 2, 2002, 116 Stat. 2446, 2447.) Editorial Notes REFERENCES IN TEXT The Migratory Bird Treaty Act, referred to in par. (5), is act July 3, 1918, ch. 128, 40 Stat. 755, which is clas- sified generally to subchapter II (§ 703 et seq.) of chap- ter 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, which is classified generally to chapter 35 (§ 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, re- ferred to in par. (5), is Pub. L. 96–366, Sept. 29, 1980, 94 Stat. 1322, which is classified generally to chapter 49 (§ 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. AMENDMENTS 2002—Par. (2). Pub. L. 107–308, § 8(a)(3), substituted ‘‘Committee on Resources of the House of Representa- tives’’ for ‘‘Committee on Merchant Marine and Fish- eries of the United States House of Representatives’’. Par. (5). Pub. L. 107–308, § 8(a)(4), inserted ‘‘of 1973’’ after ‘‘Endangered Species Act’’. Par. (6). Pub. L. 107–308, § 8(a)(5), inserted ‘‘, and by the Secretary of Sedesol for Mexico in 1994, and subse- quent dates’’ after ‘‘1986’’. Par. (9)(A). Pub. L. 107–308, § 4(1), inserted ‘‘of a wet- land ecosystem and associated habitat’’ after ‘‘includ- ing water rights,’’. Par. (9)(B). Pub. L. 107–308, § 4(2), subst

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

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