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

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

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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), substituted ‘‘and as- sociated habitat’’ for ‘‘and other habitat’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. § 4403. Establishment of North American Wet- lands Conservation Council (a) Council membership (1) There shall be established a North Amer- ican 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 Envi- ronmental Policy Act of 1969 (42 U.S.C. 4321 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; (C) four shall be individuals who shall be ap- pointed by the Secretary, who shall reside in different flyways and who shall each be a Di- rector 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 Agree- ment. 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 knowledge- able 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 sub- section (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 Coun- cil. (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 mem- bers of the Council appointed under subsection (a)(1)(C) or subsection (a)(1)(D) of this section, the Secretary shall appoint an individual in ac- cordance 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 conserva- tion projects under this chapter, the Plan, or the Agreement; (2) the Environmental Protection Agency and other appropriate Federal agencies, in ad- dition to the United States Fish and Wildlife Service, which are participating actively in carrying out one or more wetlands conserva- tion projects under this chapter, the Plan, or the Agreement; and (3) nonprofit charitable organizations and Native American interests, including tribal or- ganizations, which are participating actively in one or more wetlands conservation projects under this chapter, the Plan, or the Agree- ment. (d) Chairman The Chairman shall be elected by the Council from its members for a three-year term, except 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 Environmental Policy Act of 1969, re- ferred to in subsec. (a)(1)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5’’ for ‘‘Public Law 92–463, as amended,’’ in concluding provisions. 2020—Subsec. (a)(1)(B). Pub. L. 116–188 substituted ‘‘Executive Director of the Board’’ for ‘‘Secretary of the Board’’. 2002—Subsec. (a)(1)(A). Pub. L. 107–308, § 8(b)(1), amended directory language of Pub. L. 101–593, § 112(1). See 1990 Amendment note below. Subsec. (a)(1)(B). Pub. L. 107–308, § 8(a)(6), substituted ‘‘section 3702(g)(2)(B)’’ for ‘‘section 3702(2)(B)’’. Subsec. (c). Pub. L. 107–308, § 8(a)(7), substituted ‘‘Council’’ for ‘‘Commission’’ in introductory provi- sions. 1990—Subsec. (a)(1). Pub. L. 101–593, § 112(2), inserted sentence at end relating to Public Law 92–463. Subsec. (a)(1)(A). Pub. L. 101–593, § 112(1), as amended by Pub. L. 107–308, § 8(b)(1), inserted ‘‘, who shall be the responsible Federal official for ensuring Council com- pliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)’’ after ‘‘Service’’. Subsec. (f). Pub. L. 101–593, § 112(3), inserted ‘‘, and the Chairman shall take appropriate steps to provide adequate notice to the public of the time and place of such meetings’’ after ‘‘open to the public’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–308, § 8(b)(2), Dec. 2, 2002, 116 Stat. 2448, provided that: ‘‘Paragraph (1) of this subsection [amending this section] shall be effective on and after the effective date of section 112(1) of Public Law 101–593 (104 Stat. 2962) [Nov. 16, 1990].’’ MEMBERSHIP OF NORTH AMERICAN WETLANDS CONSERVATION COUNCIL Pub. L. 105–312, title III, § 304, Oct. 30, 1998, 112 Stat. 2958, provided that: ‘‘(a) IN GENERAL.—Notwithstanding section 4(a)(1)(D) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D)), during the period of 1999 through 2002, the membership of the North American Wetlands Conservation Council under section 4(a)(1)(D) of that Act shall consist of— ‘‘(1) 1 individual who shall be the Group Manager for Conservation Programs of Ducks Unlimited, Inc. and who shall serve for 1 term of 3 years beginning in 1999; and ‘‘(2) 2 individuals who shall be appointed by the Secretary of the Interior in accordance with section 4 of that Act and who shall each represent a different organization described in section 4(a)(1)(D) of that Act. ‘‘(b) PUBLICATION OF POLICY.—Not later than June 30, 1999, the Secretary of the Interior shall publish in the Federal Register, after notice and opportunity for pub- lic comment, a policy for making appointments under section 4(a)(1)(D) of the North American Wetlands Con- servation Act (16 U.S.C. 4403(a)(1)(D)).’’ § 4404. Approval of wetlands conservation projects (a) Consideration by Council The Council shall recommend wetlands con- servation projects to the Migratory Bird Con- servation Commission based on consideration of— (1) the extent to which the wetlands con- servation 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 conserva- tion project and to match Federal contribu- tions in accordance with the requirements of section 4407(b) of this title; (3) the extent to which any wetlands con- servation project represents a partnership among public agencies and private entities; (4) the consistency of any wetlands con- servation project in the United States with the National Wetlands Priority Conservation Plan developed under section 3921 of this title; (5) the extent to which any wetlands con- servation project would aid the conservation of migratory nongame birds, other fish and wildlife and species that are listed, or are can- didates to be listed, as threatened and endan- gered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (6) the substantiality of the character and design of the wetlands conservation project; and

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

16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(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

16 U.S.C. § 1531 — Congressional findings and declaration of

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

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

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

**(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

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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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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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