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16 U.S.C. § 4404 — Approval of wetlands conservation projects
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4407/b&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3921&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.);
(6) the substantiality of the character and design of the 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
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Source location: Title 16, Chapter 64, § 4404; chapter-064-north-american-wetlands-conservation.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4407/b&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3921&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.);
(6) the substantiality of the character and design of the 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section669b/b&num=0&edition=prelim). Solely for the purpose of 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.), recommendations by the Council for carrying out wetlands conservation projects under [section 4405(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4405/a&num=0&edition=prelim) 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 two-thirds 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 11 So in original. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section669b/b&num=0&edition=prelim). 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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information.
(2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee.
**(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall—
(1) provide information on the location and kind of available fiscal, budget, and program information;
(2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and
(3) provide a program evaluation carried out or commissioned by an executive agency.
**(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall—
(1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system;
(2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and
(3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory
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Federal law — U.S. Code and appendices · legal_authorities
### 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
**(a) In general** The Secretary shall establish, and periodically review and revise, a national wetlands priority 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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facili
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
Page 2487
TITLE 16—CONSERVATION
§ 4404
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 trans-
action 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 sec-
tion misses three consecutive regularly sched-
uled 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 Serv-
ice, for facilitating consideration of wetlands
conservation projects by the Council and oth-
erwise 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.
(Pub. L. 101–233, § 4, Dec. 13, 1989, 103 Stat. 1970;
Pub. L. 101–593, title I, § 112(1)–(3), Nov. 16, 1990,
104 Stat. 2962; Pub. L. 107–308, § 8(a)(6), (7), (b)(1),
Dec. 2, 2002, 116 Stat. 2447, 2448; Pub. L. 116–188,
title I, § 107(a)(2), Oct. 30, 2020, 134 Stat. 917; Pub.
L. 117–286, § 4(a)(122), Dec. 27, 2022, 136 Stat. 4319.)
Editorial Notes
REFERENCES IN TEXT
The National
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4404
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Federal law — U.S. Code and appendices · legal_authorities
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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