16 U.S.C. § 4406 — Amounts available to carry out this chap-

Page 2489 TITLE 16—CONSERVATION § 4406 § 4405. Conditions relating to wetlands conserva- tion projects (a) Projects in United States (1) Subject to the allocation requirements of section 4407(a)(2) of this title and the limitations on Federal contributions under section 4407(b) of this title, the Secretary shall assist in carrying out wetlands conservation projects in the United States, which have been approved by the Migratory Bird Conservation Commission, with the Federal funds made available under this chapter and section 669b(b) of this title. (2) Except as provided in paragraph (3), any lands or waters or interests therein acquired in whole or in part by the Secretary with the Fed- eral funds made available under this chapter and section 669b(b) of this title to carry out wetlands conservation projects shall be included in the National Wildlife Refuge System. (3) In lieu of including in the National Wildlife Refuge System any lands or waters or interests therein acquired under this chapter, the Sec- retary may, with the concurrence of the Migra- tory Bird Conservation Commission, grant or otherwise provide the Federal funds made avail- able under this chapter and section 669b(b) of this title or convey any real property interest acquired in whole or in part with such funds without cost to a State or to another public agency or other entity upon a finding by the Secretary that the real property interests should not be included in the National Wildlife Refuge System: Provided, That any grant recipi- ent shall have been so identified in the project description accompanying the recommendation from the Council and approved by the Migratory Bird Conservation Commission. The Secretary shall not convey any such interest to a State, another public agency or other entity unless the Secretary determines that such State, agency or other entity is committed to undertake the management of the property being transferred in accordance with the objectives of this chap- ter, and the deed or other instrument of transfer contains provisions for the reversion of title to the property to the United States if such State, agency or other entity fails to manage the prop- erty in accordance with the objectives of this chapter. Any real property interest conveyed pursuant to this paragraph shall be subject to such terms and conditions that will ensure that the interest will be administered for the long- term conservation and management of the wet- land ecosystem and the fish and wildlife depend- ent thereon. (b) Projects in Canada or Mexico Subject to the allocation requirements of sec- tion 4407(a)(1) of this title and the limitations on Federal contributions under section 4407(b) of this title, the Secretary shall grant or otherwise provide the Federal funds made available under this chapter and section 669b(b) of this title to public agencies and other entities for the pur- pose of assisting such entities and individuals in carrying out wetlands conservation projects in Canada or Mexico that have been approved by the Migratory Bird Conservation Commission: Provided, That the grant recipient shall have been so identified in the project description ac- companying the recommendation from the Council and approved by the Migratory Bird Conservation Commission. The Secretary may only grant or otherwise provide Federal funds if the grant is subject to the terms and conditions that will ensure that any real property interest acquired in whole or in part, or enhanced, man- aged, or restored with such Federal funds will be administered for the long-term conservation and management of such wetland ecosystem and the fish and wildlife dependent thereon. Real prop- erty and interests in real property acquired pur- suant to this subsection shall not become part of the National Wildlife Refuge System. Acquisi- tions of real property and interests in real prop- erty carried out pursuant to this subsection shall not be subject to any provision of Federal law governing acquisitions of property for inclu- sion in the National Wildlife Refuge System. (Pub. L. 101–233, § 6, Dec. 13, 1989, 103 Stat. 1973.) § 4406. Amounts available to carry out this chap- ter (a) Omitted (b) Migratory bird fines, penalties, forfeitures The sums received under section 707 of this title as penalties or fines, or from forfeitures of property are authorized to be appropriated to the Department of the Interior for purposes of allocation under section 4407 of this title. This subsection shall not be construed to require the sale of instrumentalities. (c) Authorization of appropriations In addition to the amounts made available under subsections (a) and (b) of this section, there are authorized to be appropriated to the Department of the Interior for purposes of allo- cation under section 4407 of this title not to ex- ceed $60,000,000 for each of fiscal years 2021 through 2030. (d) Availability of funds Sums made available under this section shall be available until expended. (Pub. L. 101–233, § 7, Dec. 13, 1989, 103 Stat. 1974; Pub. L. 103–375, § 4, Oct. 19, 1994, 108 Stat. 3495; Pub. L. 105–312, title III, § 302, Oct. 30, 1998, 112 Stat. 2958; Pub. L. 106–553, § 1(a)(2) [title IX, § 902(i)], Dec. 21, 2000, 114 Stat. 2762, 2762A–124; Pub. L. 107–308, § 5, Dec. 2, 2002, 116 Stat. 2447; Pub. L. 109–322, § 2, Oct. 11, 2006, 120 Stat. 1756; Pub. L. 116–188, title I, § 106, Oct. 30, 2020, 134 Stat. 917; Pub. L. 118–198, title I, § 105, Dec. 23, 2024, 138 Stat. 2680.) Editorial Notes CODIFICATION Section is comprised of section 7 of Pub. L. 101–233. Subsec. (a) of section 7 of Pub. L. 101–233 amended sec- tions 669b and 669c of this title and enacted provisions set out as a note under section 669b of this title. AMENDMENTS 2024—Subsec. (c). Pub. L. 118–198 substituted ‘‘2030’’ for ‘‘2025’’. 2020—Subsec. (c). Pub. L. 116–188 substituted ‘‘not to exceed $60,000,000 for each of fiscal years 2021 through 2025.’’ for ‘‘not to exceed—’’ and pars. (1) to (5), author- Page 2490 TITLE 16—CONSERVATION § 4407 izing appropriations for fiscal years 2003 through 2006 and fiscal years 2008 through 2012. 2006—Subsec. (c)(5). Pub. L. 109–322 substituted ‘‘each of fiscal years 2008 through 2012’’ for ‘‘fiscal year 2007’’. 2002—Subsec. (c). Pub. L. 107–308 substituted ‘‘not to exceed—’’ and pars. (1) to (5) for ‘‘not to exceed $50,000,000 for each of fiscal years 1999 through 2003.’’ 2000—Subsec. (c). Pub. L. 106–553 substituted ‘‘$50,000,000’’ for ‘‘$30,000,000’’. 1998—Subsec. (c). Pub. L. 105–312 substituted ‘‘not to exceed $30,000,000 for each of fiscal years 1999 through 2003.’’ for ‘‘not to exceed $20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000 for each of fiscal years 1997 and 1998.’’ 1994—Subsec. (c). Pub. L. 103–375 substituted ‘‘$20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000 for each of fiscal years 1997 and 1998’’ for ‘‘$15,000,000 for each of fiscal years 1991, 1992, 1993, and 1994’’. § 4407. Allocation of amounts available to carry out this chapter (a) Allocations Of the sums available to the Secretary for any fiscal year under this chapter and section 669b(b) of this title— (1) such percentage of that sum (but at least 30 percent and not more than 60 percent) as is considered appropriate by the Secretary, which can be matched with non-Federal mon- eys in accordance with the requirements of subsection (b) of this section, less such amount (but not more than 4 percent of such percentage) considered necessary by the Sec- retary to defray the costs of administering this chapter during such fiscal year, shall be allocated by the Secretary to carry out ap- proved wetlands conservation projects in Can- ada and Mexico in accordance with section 4405(b) of this title; and (2) the remainder of such sum after para- graph (1) is applied (but at least 40 percent and not more than 70 percent), which can be matched with non-Federal moneys in accord- ance with the requirements of subsection (b) of this section, shall be allocated by the Sec- retary to carry out approved wetlands con- servation projects in the United States in ac- cordance with section 4405(a) of this title. (b) Cost sharing (1) Except as provided in paragraph (2), as a condition of providing assistance under this chapter for any approved wetlands conservation project, the Secretary shall require that the por- tion of the costs of the project paid with amounts provided by non-Federal United States sources is equal to at least the amount allocated under subsection (a) that is used for the project. (2) Federal moneys allocated under subsection (a) may be used to pay 100 percent of the costs of such projects located on Federal lands and waters, including the acquisition of inholdings within such lands and waters. (3) The non-Federal share of the United States contribution to the costs of such projects may not be derived from Federal grant programs. In the case of a project carried out in Canada or Mexico, the non-Federal share of the costs of the project may include cash contributions from non-United States sources that are used to pay costs of the project. In the case of a project car- ried out in Canada, funds from Canadian sources may comprise up to 50 percent of the non-Fed- eral share of the costs of the project. (c) Partial payments (1) The Secretary may from time to time make payments to carry out approved wetlands conservation projects as such projects progress, but such payments, including previous pay- ments, if any, shall not be more than the Fed- eral pro rata share of any such project in con- formity with subsection (b) of this section. (2) The Secretary may enter into agreements to make payments on an initial portion of an approved wetlands conservation project and to agree to make payments on the remaining Fed- eral share of the costs of such project from sub- sequent allocations if and when they become available. The liability of the United States under such an agreement is contingent upon the continued availability of funds for the purposes of this chapter. (Pub. L. 101–233, § 8, Dec. 13, 1989, 103 Stat. 1975; Pub. L. 103–375, § 2(a), Oct. 19, 1994, 108 Stat. 3494; Pub. L. 107–308, §§ 6, 7, Dec. 2, 2002, 116 Stat. 2447; Pub. L. 111–149, § 1(a), Mar. 25, 2010, 124 Stat. 1025.) Editorial Notes AMENDMENTS 2010—Subsec. (b)(3). Pub. L. 111–149 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘The non-Federal share of the United States contribu- tion to the costs of such projects may not be derived from Federal grant programs. In the case of a project carried out in Mexico, the non-Federal share of the United States contribution to the costs of the project may include cash contributions from non-United States sources that are used to pay costs of the project.’’ 2002—Subsec. (a)(1). Pub. L. 107–308, § 6(1), substituted ‘‘(but at least 30 percent and not more than 60 per- cent)’’ for ‘‘(but at least 50 per centum and not more than 70 per centum thereof)’’ and ‘‘4 percent’’ for ‘‘4 per centum’’. Subsec. (a)(2). Pub. L. 107–308, § 6(2), substituted ‘‘(but at least 40 percent and not more than 70 percent)’’ for ‘‘(but at least 30 per centum and not more than 50 per centum thereof)’’. Subsec. (b). Pub. L. 107–308, § 7, substituted heading for former heading, substituted pars. (1) and (2) for first sentence which read as follows: ‘‘The Federal moneys allocated under subsection (a) of this section for any fiscal year to carry out approved wetlands conservation projects shall be used for the payment of not to exceed 50 per centum of the total United States contribution to the costs of such projects, or may be used for pay- ment of 100 per centum of the costs of such projects lo- cated on Federal lands and waters, including the acqui- sition of inholdings within such lands and waters.’’, and designated second and third sentences as par. (3). 1994—Subsec. (b). Pub. L. 103–375 inserted at end ‘‘In the case of a project carried out in Mexico, the non- Federal share of the United States contribution to the costs of the project may include cash contributions from non-United States sources that are used to pay costs of the project.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–149, § 1(b), Mar. 25, 2010, 124 Stat. 1025, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to any approved and active wetlands conservation project (as that term is used in section 8(b)(1) of such Act [16