16 U.S.C. § 3923 — Restriction on use of eminent domain in

Page 2448 TITLE 16—CONSERVATION § 3923 § 3923. Restriction on use of eminent domain in acquisitions The powers of condemnation or eminent do- main shall not be used in the acquisition of wet- lands under any provision of this chapter where such wetlands have been constructed for the purpose of farming or ranching, or result from conservation activities associated with farming or ranching. (Pub. L. 99–645, title III, § 305, Nov. 10, 1986, 100 Stat. 3588.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 99–645, Nov. 10, 1986, 100 Stat. 3582, known as the Emergency Wetlands Re- sources Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3901 of this title and Tables. SUBCHAPTER IV—WETLANDS INVENTORY AND TREND ANALYSIS § 3931. National wetlands inventory project (a) In general The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall continue the National Wetlands Inventory Project and shall— (1) produce, by September 30, 1988, National Wetlands Inventory maps for the areas that have been identified by the Service as top pri- orities for mapping, including— (A) the entire coastal zone of the United States; (B) floodplains of major rivers; and (C) the Prairie Pothole region; (2) produce, by September 30, 1998, National Wetlands Inventory maps for those portions of the contiguous United States for which final maps have not been produced earlier; (3) produce, by September 30, 2000, National Wetlands Inventory maps for Alaska and other noncontiguous portions of the United States; (4) produce, by September 30, 1990, and at ten-year intervals thereafter, reports to up- date and improve the information contained in the report dated September 1982 and entitled ‘‘Status and Trends of Wetlands and Deep- water Habitat in the Coterminous United States, 1950’s to 1970’s’’; (5) produce, by April 30, 1990, a report that provides— (A) an assessment of the estimated total number of acres of wetland habitat as of the 1780’s in the areas that now comprise each State; and (B) an assessment of the estimated total number of acres of wetlands in each State as of the 1980’s, and the percentage of loss of wetlands in each State between the 1780’s and the 1980’s; (6) produce, by September 30, 2004, a digital wetlands data base for the United States based on the final wetlands maps produced under this section; and (7) archive and make available for dissemi- nation wetlands data and maps digitized under this section as such data and maps become available. (b) Notice The Secretary shall notify the appropriate State and local units of government at such time as he proposes to begin map preparation under subsection (a) in an area. Such notice shall include, but is not limited to, the identi- fication of the area to be mapped, the proposed schedule for completion, and the identification of a source for further information. (Pub. L. 99–645, title IV, § 401, Nov. 10, 1986, 100 Stat. 3588; Pub. L. 101–233, § 18, Dec. 13, 1989, 103 Stat. 1978; Pub. L. 102–440, title III, § 305, Oct. 23, 1992, 106 Stat. 2235.) Editorial Notes AMENDMENTS 1992—Subsec. (a)(3). Pub. L. 102–440, § 305(1), sub- stituted ‘‘by September 30, 2000’’ for ‘‘as soon as prac- ticable’’. Subsec. (a)(4). Pub. L. 102–440, § 305(2), which directed amendment of par. (4) by substituting a semicolon for ‘‘. And’’, was executed by making the substitution for ‘‘. and’’, to reflect the probable intent of Congress. Subsec. (a)(6), (7). Pub. L. 102–440, § 305(3), (4), added pars. (6) and (7). 1989—Subsec. (a)(5). Pub. L. 101–233 added par. (5). § 3932. Reports to Congress (a) In general The Secretary, in consultation and coopera- tion with the Secretary of Agriculture, shall prepare and submit to the committees— (1) by March 30, 1987, a report regarding the status, condition, and trends of wetlands in the lower Mississippi alluvial plain and the prairie pothole regions of the United States; and (2) by September 30, 1987, a report regarding trends of wetlands in all other areas of the United States. (b) Contents of reports The reports required under subsection (a) shall contain— (1) an analysis of the factors responsible for wetlands destruction, degradation, protection and enhancement; (2) a compilation and analysis of Federal statutory and regulatory mechanisms, includ- ing expenditures, financial assistance, and tax provisions which— (A) induce wetlands destruction or deg- radation; or (B) protect or enhance wetlands; (3) a compilation and analysis of Federal ex- penditures resulting from wetlands destruc- tion, degradation, protection or enhancement; (4) an analysis of public and private patterns of ownership of wetlands; (5) an analysis of the environmental and eco- nomic impact of eliminating or restricting fu- ture Federal expenditures and financial assist- ance, whether direct or indirect, which have the effect of encouraging the destruction, deg- radation, protection or enhancement of wet- lands, including— (A) public works expenditures;