16 U.S.C. § 4409 — Report to Congress

Page 2491 TITLE 16—CONSERVATION § 4413 1 So in original. Probably should be ‘‘Fund’’. See section 718d of this title. U.S.C. 4407(b)(1)]) carried out with assistance provided under such Act [Pub. L. 101–233, 16 U.S.C. 4401 et seq.], including such a project approved before the date of the enactment of this Act [Mar. 25, 2010].’’ § 4408. Restoration, management, and protection of wetlands and habitat for migratory birds on Federal lands The head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters shall, to the extent consistent with the mission of such agency and existing statutory authorities, cooperate with the Direc- tor of the United States Fish and Wildlife Serv- ice to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds, fish, and wildlife within the lands and wa- ters of each such agency. (Pub. L. 101–233, § 9, Dec. 13, 1989, 103 Stat. 1976.) § 4409. Report to Congress The Secretary shall report to the appropriate Committees on the implementation of this chap- ter. The report shall include— (1) a biennial assessment of— (A) the estimated number of acres of wet- lands and habitat for waterfowl and other migratory birds that were restored, pro- tected, or enhanced during such two-year pe- riod by Federal, State, and local agencies and other entities in the United States, Can- ada, and Mexico; (B) trends in the population size and dis- tribution of North American migratory birds; (C) the status of efforts to establish agree- ments with nations in the Western Hemi- sphere pursuant to section 4413 of this title; and (D) wetlands conservation projects funded under this chapter, listed and identified by type, conservation mechanism (such as ac- quisition, easement, or lease), location, and duration; and (2) an annual assessment of the status of wetlands conservation projects, including an accounting of expenditures by Federal, State, and other United States entities, and expendi- tures by Canadian and Mexican sources to carry out these projects. (Pub. L. 101–233, § 10, Dec. 13, 1989, 103 Stat. 1976; Pub. L. 103–375, § 2(b), Oct. 19, 1994, 108 Stat. 3494; Pub. L. 107–308, § 8(a)(12), (13), Dec. 2, 2002, 116 Stat. 2448.) Editorial Notes REFERENCES IN TEXT Section 4413 of this title, referred to in par. (1)(C), was in the original a reference to section 16 of Pub. L. 101–233 which enacted section 4413 of this title and amended section 2912 of this title. AMENDMENTS 2002—Par. (1)(C). Pub. L. 107–308, § 8(a)(12), substituted ‘‘Western Hemisphere’’ for ‘‘western hemisphere’’ and made technical amendment to reference in original act which appears in text as reference to section 4413 of this title. Par. (1)(D). Pub. L. 107–308, § 8(a)(13), substituted ‘‘; and’’ for period at end. 1994—Par. (1)(D). Pub. L. 103–375 added subpar. (D). § 4410. Revisions to Plan The Secretary shall, in 1998 and at five-year intervals thereafter, undertake with the appro- priate officials in Canada and Mexico to revise the goals and other elements of the Plan in ac- cordance with the information required under section 4409 of this title and with the other pro- visions of this chapter. (Pub. L. 101–233, § 11, Dec. 13, 1989, 103 Stat. 1976; Pub. L. 103–375, § 2(c), Oct. 19, 1994, 108 Stat. 3494.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–375 substituted ‘‘1998’’ for ‘‘1991’’, in- serted ‘‘and Mexico’’ after ‘‘Canada’’, and struck out at end ‘‘The Secretary shall invite and encourage the ap- propriate officials in Mexico to participate in any revi- sions of the Plan.’’ § 4411. Relationship to other authorities (a) Acquisition of lands and waters Nothing in this chapter affects, alters, or modifies the Secretary’s authorities, respon- sibilities, obligations, or powers to acquire lands or waters or interests therein under any other statute. (b) Mitigation The Federal funds made available under this chapter and section 669b(b) of this title may not be used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) or the Water Resources Devel- opment Act of 1986, Public Law 99–662 (1986), 100 Stat. 4235. (Pub. L. 101–233, § 12, Dec. 13, 1989, 103 Stat. 1977.) Editorial Notes REFERENCES IN TEXT The Fish and Wildlife Coordination Act, referred to in subsec. (b), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables. The Water Resources Development Act of 1986, re- ferred to in subsec. (b), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of Title 33, Navigation and Navigable Waters, and Tables. § 4412. Limitation on assessments against Migra- tory Bird Conservation Fund Notwithstanding any other provision of law, only those personnel and administrative costs directly related to acquisition of real property shall be levied against the Migratory Bird Con- servation Account.1 (Pub. L. 101–233, § 14, Dec. 13, 1989, 103 Stat. 1977.) § 4413. Other agreements The Secretary shall undertake with the appro- priate officials of nations in the Western Hemi-