16 U.S.C. § 4404 — Untitled legal text

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 Page 2488 TITLE 16—CONSERVATION § 4404 1 So in original. (7) the recommendations of any partnerships among public agencies and private entities in Canada, Mexico, or the United States which are participating actively in carrying out one or more wetlands conservation projects under this chapter, the Plan, or the Agreement. (b) Recommendations to Migratory Bird Con- servation Commission The Council shall submit to the Migratory Bird Conservation Commission each year a de- scription, including estimated costs, of the wet- lands conservation projects which the Council has considered under subsection (a) of this sec- tion and which it recommends, in order of pri- ority, that the Migratory Bird Conservation Commission approve for Federal funding under this chapter and section 669b(b) of this title. Solely for the purpose of the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), recommendations by the Council for carrying out wetlands conservation projects under sec- tion 4405(a) of this title shall be considered Fed- eral actions requiring the preparation of envi- ronmental assessments or, where appropriate, environmental impact statements. (c) Council procedures The Council shall establish practices and pro- cedures for the carrying out of its functions under subsections (a) and (b) of this section. The procedures shall include requirements that— (1) a quorum of the Council must be present before any business may be transacted; and (2) no recommendations referred to in sub- section (b) of this section may be adopted by the Council except by the vote of two-thirds of all members present and voting. (d) Council representation on Migratory Bird Conservation Commission The Chairman of the Council shall select 2 Council members of the 1 United States citizen- ship to serve with the Chairman as ex officio members of the Migratory Bird Conservation Commission for the purposes of considering and voting upon wetlands conservation projects rec- ommended by the Council. (e) Approval of Council recommendations by Mi- gratory Bird Conservation Commission The Migratory Bird Conservation Commission, along with the two members of the Council re- ferred to in subsection (d) of this section, shall approve, reject or reorder the priority of any wetlands conservation projects recommended by the Council based on, to the greatest extent practicable, the criteria of subsection (a) of this section. If the Migratory Bird Conservation Commission approves any wetlands conservation project, Federal funding shall be made available under this chapter and section 669b(b) of this title. If the Migratory Bird Conservation Com- mission rejects or reorders the priority of any wetlands conservation project recommended by the Council, the Migratory Bird Conservation Commission shall provide the Council and the appropriate Committees with a written state- ment explaining its rationale for the rejection or the priority modification. (f) Notification of appropriate Committees The Migratory Bird Conservation Commission shall submit annually to the appropriate Com- mittees a report including a list and description of the wetlands conservation projects approved by the Migratory Bird Conservation Commission for Federal funding under subsection (e) of this section in order of priority; the amounts and sources of Federal and non-Federal funding for such projects; a justification for the approval of such projects and the order of priority for fund- ing such projects; a list and description of the wetlands conservation projects which the Coun- cil recommended, in order of priority that the Migratory Bird Conservation Commission ap- prove for Federal funding; and a justification for any rejection or re-ordering of the priority of wetlands conservation projects recommended by the Council that was based on factors other than the criteria of subsection (a) of this section. (Pub. L. 101–233, § 5, Dec. 13, 1989, 103 Stat. 1972; Pub. L. 101–593, title I, § 112(4), Nov. 16, 1990, 104 Stat. 2962; Pub. L. 107–308, § 8(a)(8)–(11), Dec. 2, 2002, 116 Stat. 2448.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (a)(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 sec- tion 1531 of this title and Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2002—Subsec. (a)(5). Pub. L. 107–308, § 8(a)(8), inserted ‘‘of 1973’’ after ‘‘Endangered Species Act’’. Subsec. (b). Pub. L. 107–308, § 8(a)(9), substituted ‘‘each year’’ for ‘‘by January 1 of each year,’’. Subsec. (d). Pub. L. 107–308, § 8(a)(10), substituted ‘‘2 Council members’’ for ‘‘one Council member’’. Subsec. (f). Pub. L. 107–308, § 8(a)(11), substituted ‘‘subsection (e)’’ for ‘‘subsection (d)’’. 1990—Subsec. (b). Pub. L. 101–593 inserted at end ‘‘Solely for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), recommenda- tions by the Council for carrying out wetlands con- servation projects under section 4405(a) of this title shall be considered Federal actions requiring the prepa- ration of environmental assessments or, where appro- priate, environmental impact statements.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 5th item on page 177 identifies a reporting provision which, as sub- sequently amended, is contained in subsec. (f) of this section), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance. 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-