16 U.S.C. § 3922 — Federal acquisition

Page 2447 TITLE 16—CONSERVATION § 3922 1 So in original. Probably should be capitalized. AMENDMENTS 1994—Par. (1). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. Statutory Notes and Related Subsidiaries 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 treat- ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish- eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept 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 Repealed.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 du- ties collected on arms and ammunition, as speci- fied 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 sec- tion 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.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in text, is not set out in the Code. See Pub- lication 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 Sched- ules of the United States’’. Statutory Notes and Related Subsidiaries 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 conservation plan which shall specify, on a re- gion-by-region basis or other basis considered appropriate by the Secretary, the types of wet- lands and interests in wetlands which should be given priority with respect to Federal and State acquisition. (b) Consultation The Secretary shall establish the plan re- quired 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 re- quired 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 wet- lands or interests in wetlands, which are not ac- quired 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.) Editorial Notes REFERENCES IN TEXT The Migratory Bird Conservation Act of 1929, referred to in text, is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, which is classified generally to subchapter III (§ 715 et seq.) of chapter 7 of this title. For complete classifica- tion of this Act to the Code, see section 715 of this title and Tables. Page 2448 TITLE 16—CONSERVATION § 3923 § 3923. Restriction on use of eminent domain in acquisitions The powers of condemnation or eminent do- main shall not be used in the acquisition of wet- lands 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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 99–645, Nov. 10, 1986, 100 Stat. 3582, known as the Emergency Wetlands Re- sources Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3901 of this title and Tables. SUBCHAPTER IV—WETLANDS INVENTORY AND TREND ANALYSIS § 3931. National wetlands inventory project (a) In general The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall continue the National Wetlands Inventory Project and shall— (1) produce, by September 30, 1988, National Wetlands Inventory maps for the areas that have been identified by the Service as top pri- orities for mapping, including— (A) the entire coastal zone of the United States; (B) floodplains of major rivers; and (C) the Prairie Pothole region; (2) produce, by September 30, 1998, National Wetlands Inventory maps for those portions of the contiguous United States for which final maps have not been produced earlier; (3) produce, by September 30, 2000, National Wetlands Inventory maps for Alaska and other noncontiguous portions of the United States; (4) produce, by September 30, 1990, and at ten-year intervals thereafter, reports to up- date and improve the information contained in the report dated September 1982 and entitled ‘‘Status and Trends of Wetlands and Deep- water Habitat in the Coterminous United States, 1950’s to 1970’s’’; (5) produce, by April 30, 1990, a report that provides— (A) an assessment of the estimated total number of acres of wetland habitat as of the 1780’s in the areas that now comprise each State; and (B) an assessment of the estimated total number of acres of wetlands in each State as of the 1980’s, and the percentage of loss of wetlands in each State between the 1780’s and the 1980’s; (6) produce, by September 30, 2004, a digital wetlands data base for the United States based on the final wetlands maps produced under this section; and (7) archive and make available for dissemi- nation wetlands data and maps digitized under this section as such data and maps become available. (b) Notice The Secretary shall notify the appropriate State and local units of government at such time as he proposes to begin map preparation under subsection (a) in an area. Such notice shall include, but is not limited to, the identi- fication of the area to be mapped, the proposed schedule for completion, and the identification of a source for further information. (Pub. L. 99–645, title IV, § 401, Nov. 10, 1986, 100 Stat. 3588; Pub. L. 101–233, § 18, Dec. 13, 1989, 103 Stat. 1978; Pub. L. 102–440, title III, § 305, Oct. 23, 1992, 106 Stat. 2235.) Editorial Notes AMENDMENTS 1992—Subsec. (a)(3). Pub. L. 102–440, § 305(1), sub- stituted ‘‘by September 30, 2000’’ for ‘‘as soon as prac- ticable’’. Subsec. (a)(4). Pub. L. 102–440, § 305(2), which directed amendment of par. (4) by substituting a semicolon for ‘‘. And’’, was executed by making the substitution for ‘‘. and’’, to reflect the probable intent of Congress. Subsec. (a)(6), (7). Pub. L. 102–440, § 305(3), (4), added pars. (6) and (7). 1989—Subsec. (a)(5). Pub. L. 101–233 added par. (5). § 3932. Reports to Congress (a) In general The Secretary, in consultation and coopera- tion with the Secretary of Agriculture, shall prepare and submit to the committees— (1) by March 30, 1987, a report regarding the status, condition, and trends of wetlands in the lower Mississippi alluvial plain and the prairie pothole regions of the United States; and (2) by September 30, 1987, a report regarding trends of wetlands in all other areas of the United States. (b) Contents of reports The reports required under subsection (a) shall contain— (1) an analysis of the factors responsible for wetlands destruction, degradation, protection and enhancement; (2) a compilation and analysis of Federal statutory and regulatory mechanisms, includ- ing expenditures, financial assistance, and tax provisions which— (A) induce wetlands destruction or deg- radation; or (B) protect or enhance wetlands; (3) a compilation and analysis of Federal ex- penditures resulting from wetlands destruc- tion, degradation, protection or enhancement; (4) an analysis of public and private patterns of ownership of wetlands; (5) an analysis of the environmental and eco- nomic impact of eliminating or restricting fu- ture Federal expenditures and financial assist- ance, whether direct or indirect, which have the effect of encouraging the destruction, deg- radation, protection or enhancement of wet- lands, including— (A) public works expenditures;