16 U.S.C. § 3901 — Findings and statement of purpose

Page 2445 TITLE 16—CONSERVATION § 3901 that could have a negative impact on the economic scope of the agricultural oper- ations within the area. (3) Review and withdrawal The Secretary may— (A) review designations of critical con- servation areas under this section not more frequently than once every 5 years; and (B) withdraw designation of a critical con- servation area only if the Secretary deter- mines that the area is no longer a critical conservation area. (4) Limitation The Secretary may not designate more than 8 geographical areas as critical conservation areas under this section. (d) Outreach to eligible partners and producers The Secretary shall provide outreach and edu- cation to eligible partners and producers in crit- ical conservation areas designated under this section to encourage the development of projects to address each priority resource con- cern identified by the Secretary for that critical conservation area. (e) Administration (1) In general Except as provided in paragraph (2), the Sec- retary shall administer any partnership agree- ment or program contract under this section in a manner that is consistent with the terms of the program. (2) Relationship to existing activity The Secretary shall, to the maximum extent practicable, ensure that eligible activities car- ried out in critical conservation areas des- ignated under this section complement and are consistent with other Federal and State programs and water quality and quantity strategies. (Pub. L. 99–198, title XII, § 1271F, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 750; amended Pub. L. 115–334, title II, § 2707, Dec. 20, 2018, 132 Stat. 4600.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334, § 2707(2), added sub- sec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 115–334, § 2707(1), (3), redesignated subsec. (a) as (b), in heading, substituted ‘‘Applica- tions’’ for ‘‘In general’’, and, in text, substituted ‘‘3871d(d)(2)’’ for ‘‘3871d(d)(3)’’ and ‘‘program contracts’’ for ‘‘producer contracts’’ and inserted ‘‘that address 1 or more priority resource concerns for which the crit- ical conservation area is designated’’ before period at end. Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 115–334, § 2707(1), redesignated sub- sec. (b) as (c). Former subsec. (c) redesignated (e). Subsec. (c)(1). Pub. L. 115–334, § 2707(4)(B), added par. (1). Former par. (1) redesignated (2). Subsec. (c)(2). Pub. L. 115–334, § 2707(4)(A), (C), redesig- nated par. (1) as (2), added subpar. (C), redesignated subpar. (E) as (D), and struck out former subpars. (C) and (D) which read as follows: ‘‘(C) would benefit from water quality improvement, including through reducing erosion, promoting sedi- ment control, and addressing nutrient management ac- tivities affecting large bodies of water of regional, na- tional, or international significance; ‘‘(D) would benefit from water quantity improve- ment, including improvement relating to— ‘‘(i) groundwater, surface water, aquifer, or other water sources; or ‘‘(ii) a need to promote water retention and flood prevention; or’’. Subsec. (c)(3). Pub. L. 115–334, § 2707(4)(D), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘Critical conservation area des- ignations under this section shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw designation from an area if the Sec- retary finds the area no longer meets the conditions de- scribed in paragraph (1).’’ Pub. L. 115–334, § 2707(4)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4). Subsec. (c)(4). Pub. L. 115–334, § 2707(4)(A), redesig- nated par. (3) as (4). Subsec. (d). Pub. L. 115–334, § 2707(5), added subsec. (d). Subsec. (e). Pub. L. 115–334, § 2707(1), redesignated sub- sec. (c) as (e). Subsec. (e)(1). Pub. L. 115–334, § 2707(6)(A), substituted ‘‘program contract’’ for ‘‘producer contract’’. Subsec. (e)(3). Pub. L. 115–334, § 2707(6)(B), struck out par. (3). Text read as follows: ‘‘For a critical conserva- tion area described in subsection (b)(1)(D), the Sec- retary may use authorities under the Watershed Pro- tection and Flood Prevention Act (16 U.S.C. 1001 et seq.), other than section 14 of such Act (16 U.S.C. 1012), to carry out projects for the purposes of this section.’’ CHAPTER 59—WETLANDS RESOURCES SUBCHAPTER I—GENERAL PROVISIONS Sec. 3901. Findings and statement of purpose. 3902. Definitions. SUBCHAPTER II—REVENUES FOR REFUGE OPER- ATIONS AND THE MIGRATORY BIRD CON- SERVATION FUND 3911. Repealed. 3912. Transfers to Migratory Bird Conservation Fund. SUBCHAPTER III—STATE AND FEDERAL WETLANDS ACQUISITION 3921. National wetlands priority conservation plan. 3922. Federal acquisition. 3923. Restriction on use of eminent domain in ac- quisitions. SUBCHAPTER IV—WETLANDS INVENTORY AND TREND ANALYSIS 3931. National wetlands inventory project. 3932. Reports to Congress. SUBCHAPTER I—GENERAL PROVISIONS § 3901. Findings and statement of purpose (a) Findings The Congress finds that— (1) wetlands play an integral role in main- taining the quality of life through material contributions to our national economy, food supply, water supply and quality, flood con- trol, and fish, wildlife, and plant resources, and thus to the health, safety, recreation, and economic well-being of all our citizens of the Nation; (2) wetlands provide habitat essential for the breeding, spawning, nesting, migration, win- tering and ultimate survival of a major por- tion of the migratory and resident fish and wildlife of the Nation; including migratory birds, endangered species, commercially and recreationally important finfish, shellfish and 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.