16 U.S.C. § 3902 — Definitions

Page 2446 TITLE 16—CONSERVATION § 3902 1 See References in Text note below. 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, win- tering or migration and needed to achieve and to maintain optimum population levels, dis- tributions, and patterns of migration; (4) wetlands, and the fish, wildlife, and plants dependent on wetlands, provide signifi- cant recreational and commercial benefits, in- cluding— (A) contributions to a commercial marine harvest valued at over $10,000,000,000 annu- ally; (B) support for a major portion of the Na- tion’s multimillion dollar annual fur and hide harvest; and (C) fishing, hunting, birdwatching, nature observation and other wetland-related rec- reational 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 percent- age 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 Govern- ment have inappropriately altered or assisted in the alteration of wetlands, thereby unneces- sarily stimulating and accelerating the loss of these valuable resources and the environ- mental and economic benefits that they pro- vide; 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 inter- national obligations contained in various migra- tory bird treaties and conventions with Canada, Mexico, Japan, the Union of Soviet Socialist Re- publics, and with various countries in the West- ern Hemisphere by— (1) intensifying cooperative efforts among private interests and local, State, and Federal governments for the management and con- servation of wetlands; and (2) intensifying efforts to protect the wet- lands 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.) Editorial Notes 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. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 99–645, § 1, Nov. 10, 1986, 100 Stat. 3582, pro- vided 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 Com- mittee 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 des- ignated 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, flood- ed, 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 in- undated or saturated by surface or ground- water at a frequency and duration sufficient to support, and that under normal cir- cumstances 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.) Editorial Notes 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. 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.