US (United States) Code. Title 16. Chapter 59: Wetlands resources

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 59 - WETLANDS RESOURCES 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

.

-HEAD-

CHAPTER 59 - WETLANDS RESOURCES

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

3901. Findings and statement of purpose.

(a) Findings.

(b) Purpose.

3902. Definitions.

SUBCHAPTER II - REVENUES FOR REFUGE OPERATIONS AND THE MIGRATORY

BIRD CONSERVATION FUND

3911. Sale of admission permit at certain refuge units.

(a) Sale of admission permits.

(b) Exceptions.

(c) Distribution of amounts collected.

(d) Persons accompanying permittees.

(e) Restrictions.

(f) Establishment of fees; posting of notices.

(g) Volunteers.

3912. Transfers to migratory bird conservation fund.

SUBCHAPTER III - STATE AND FEDERAL WETLANDS ACQUISITION

3921. National wetlands priority conservation plan.

(a) In general.

(b) Consultation.

(c) Factors to be considered.

3922. Federal acquisition.

3923. Restriction on use of eminent domain in acquisitions.

SUBCHAPTER IV - WETLANDS INVENTORY AND TREND ANALYSIS

3931. National wetlands inventory project.

(a) In general.

(b) Notice.

3932. Reports to Congress.

(a) In general.

(b) Contents of reports.

-CITE-

16 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-CITE-

16 USC Sec. 3901 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3901. Findings and statement of purpose

-STATUTE-

(a) Findings

The Congress finds that -

(1) wetlands play an integral role in maintaining the quality

of life through material contributions to our national economy,

food supply, water supply and quality, flood control, 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, wintering and ultimate survival of

a major portion of the migratory and resident fish and wildlife

of the Nation; including migratory birds, endangered species,

commercially and recreationally important finfish, shellfish and

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, wintering or migration and needed to achieve and to

maintain optimum population levels, distributions, and patterns

of migration;

(4) wetlands, and the fish, wildlife, and plants dependent on

wetlands, provide significant recreational and commercial

benefits, including -

(A) contributions to a commercial marine harvest valued at

over $10,000,000,000 annually;

(B) support for a major portion of the Nation's multimillion

dollar annual fur and hide harvest; and

(C) fishing, hunting, birdwatching, nature observation and

other wetland-related recreational 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 percentage 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 Government have

inappropriately altered or assisted in the alteration of

wetlands, thereby unnecessarily stimulating and accelerating the

loss of these valuable resources and the environmental and

economic benefits that they provide; 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 international obligations

contained in various migratory bird treaties and conventions with

Canada, Mexico, Japan, the Union of Soviet Socialist Republics, and

with various countries in the Western Hemisphere by -

(1) intensifying cooperative efforts among private interests

and local, State, and Federal governments for the management and

conservation of wetlands; and

(2) intensifying efforts to protect the wetlands of the Nation

through acquisition in fee, easements or other interests and

methods by local, State, and Federal governments and the private

sector.

-SOURCE-

(Pub. L. 99-645, Sec. 2, Nov. 10, 1986, 100 Stat. 3582.)

-REFTEXT-

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.

-MISC2-

SHORT TITLE

Section 1 of Pub. L. 99-645 provided 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'.''

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16 USC Sec. 3902 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3902. Definitions

-STATUTE-

For the purpose of this chapter:

(1) The term ''Committees'' means the Committee 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 designated by the Secretary under section

3911(a)(2) of this title.

(3) The term ''hydric soil'' means soil that, in its undrained

condition, is saturated, flooded, 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 inundated or saturated by surface or

groundwater at a frequency and duration sufficient to support,

and that under normal circumstances does support, a prevalence of

hydrophytic vegetation typically adapted for life in saturated

soil conditions.

-SOURCE-

(Pub. L. 99-645, Sec. 3, Nov. 10, 1986, 100 Stat. 3583; Pub. L.

103-437, Sec. 6(d)(41), Nov. 2, 1994, 108 Stat. 4585.)

-MISC1-

AMENDMENTS

1994 - Par. (1). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 698n of this title.

-CITE-

16 USC SUBCHAPTER II - REVENUES FOR REFUGE OPERATIONS AND

THE MIGRATORY BIRD CONSERVATION FUND 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER II - REVENUES FOR REFUGE OPERATIONS AND THE MIGRATORY

BIRD CONSERVATION FUND

.

-HEAD-

SUBCHAPTER II - REVENUES FOR REFUGE OPERATIONS AND THE MIGRATORY

BIRD CONSERVATION FUND

-CITE-

16 USC Sec. 3911 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER II - REVENUES FOR REFUGE OPERATIONS AND THE MIGRATORY

BIRD CONSERVATION FUND

-HEAD-

Sec. 3911. Sale of admission permit at certain refuge units

-STATUTE-

(a) Sale of admission permits

(1) Notwithstanding the Land and Water Conservation Fund Act of

1965 (16 U.S.C. 460l-4 et seq.), in order to provide additional

revenues for the conservation of wetland resources of the Nation

and for the operation and maintenance of refuges -

(A) the Secretary of the Interior may, at units of the National

Wildlife Refuge System designated by the Secretary under

paragraph (2) -

(i) charge fees for admission permits;

(ii) sell Golden Eagle passports and Golden Age passports;

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by

''and''.

(iii) issue at no charge lifetime admission permits as

authorized in section 4(a)(5) of the Land and Water

Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)(5));

(FOOTNOTE 1)

(B) the amounts collected by the Secretary as a result of the

activities described in subparagraph (A) shall be distributed as

provided in subsection (c) of this section.

(2) The Secretary shall designate a unit of the National Wildlife

Refuge System for purposes of this chapter if the Secretary

determines, with respect to such unit, that -

(A) The level of visitation for recreational purposes is high

enough to justify the collection of fees for admission permits

for economic reasons.

(B) There is a practical mechanism in existence for

implementing and operating a system of collecting fees for

admission permits.

(C) Imposition of a fee for admission permits is not likely to

result in undue economic hardship for a significant number of

visitors to the unit.

(b) Exceptions

(1) The Secretary may not require an admission permit under

subsection (a)(1) of this section for entry by a person into a

designated unit if such person is the holder of -

(A) a valid migratory bird hunting and conservation stamp

issued under section 718b of this title;

(B) a valid Golden Eagle Passport issued under section 4(a)(1)

of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.

460l-6a(a)(1));

(C) a valid Golden Age Passport issued under section 4(a)(4) of

such Act (16 U.S.C. 460l-6a(a)(4)); or

(D) a valid lifetime admission permit as authorized in section

4(a)(5) of such Act (16 U.S.C. 460l-6a(a)(5)).

(2) Permits for a single visit to any designated unit shall be

made available by the Secretary of the Interior for a reasonable

fee, but not to exceed $3 for individuals or $7.50 per vehicle.

For purposes of this subsection, the term ''single visit'' means a

more or less continuous stay within a designated unit by a person

or group described in subsection (d) of this section. Payment of a

single visit fee and issuance of a single visit permit shall

authorize exits from and re-entries to a single designated unit for

a period of from one to fifteen days. Such period shall be defined

for each designated unit by the Secretary based upon a

determination of the period of time reasonably and ordinarily

necessary for such a single visit.

(3) Special admission permits for uses such as group activities

may be issued in accordance with procedures and at fees established

by the Secretary.

(4) A person may not be required to purchase an admission permit

under subsection (a)(1) of this section in order to travel by

private noncommercial vehicle over any road or highway -

(A)(i) established as part of the National Federal Aid System

(as defined in section 101 of title 23); and

(ii) commonly used by the public as a means of travel between

two places which are outside the designated unit; or

(B) to any land in which such person has a property interest if

such land is within any designated unit.

(5) A person may not be required to purchase an admission permit

under subsection (a)(1) of this section for entrance or admission

to a unit of the National Wildlife Refuge System created, expanded,

or modified by Public Law 96-487.

(c) Distribution of amounts collected

Amounts collected from the sale of admission permits under this

section and from fees collected at any unit of the National

Wildlife Refuge System under subsections (b) and (c) of section 4

of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.

460l-6a(b), (c)) shall be distributed as follows:

(A) Thirty per centum shall be available to the Secretary of

the Interior until expended. The Secretary shall use such amount

-

(i) first, to defray the cost of collection;

(ii) next, for operation and maintenance of the collecting

unit; and

(iii) next, for operation and maintenance of all units within

the National Wildlife Refuge System, except those units

created, expanded, or modified by Public Law 96-487.

(B) Seventy percent shall be deposited into the migratory bird

conservation fund established under section 718d of this title.

(d) Persons accompanying permittees

A person who holds a stamp, passport, or permit described in

subsection (b) of this section shall be entitled to general

entrance into any designated unit, along with -

(1) any persons accompanying such person in a single, private,

noncommercial vehicle; or

(2) where entry to the area is by any means other than single,

private, noncommercial vehicle, the person and any accompanying

spouse, children, or parents.

(e) Restrictions

A permit issued under this section is nontransferable. Such a

permit may not authorize any uses for which fees are charged under

the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4

et seq.).

(f) Establishment of fees; posting of notices

(1) All fees established pursuant to this section shall be fair

and equitable. In establishing such fees, the Secretary shall

consider the following:

(A) The direct and indirect cost to the Government.

(B) The benefits to the permit holder.

(C) The public policy or interest served.

(D) The comparable fees charged by non-Federal public agencies.

(E) The economic and administrative feasibility of fee

collection and other pertinent factors.

(2) The Secretary shall require that notice that a fee has been

established under this section -

(A) be prominently posted at each designated unit and at

appropriate locations in each such unit; and

(B) to the extent practicable, be included in publications

distributed at such units.

(g) Volunteers

The Director of the United States Fish and Wildlife Service may

accept services of volunteers to sell admission permits under this

section or to sell Golden Eagle and Golden Age Passports or

Migratory Bird Hunting and Conservation Stamps. The Director may

use funds appropriated or otherwise made available to the Service

to cover the cost of any surety bond that may be required of a

volunteer performing the services authorized under this subsection.

-SOURCE-

(Pub. L. 99-645, title II, Sec. 201, Nov. 10, 1986, 100 Stat.

3584.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Fund Act of 1965, referred to in

subsecs. (a)(1) and (e), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat.

897, as amended, which is classified generally to part B (Sec.

460l-4 et seq.) of subchapter LXIX of chapter 1 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 460l-4 of this title and Tables.

This chapter, referred to in subsec. (a)(2), 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 set out under section 3901 of this title and Tables.

Public Law 96-487, referred to in subsecs. (b)(5) and

(c)(A)(iii), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as

amended, known as the Alaska National Interest Lands Conservation

Act. For complete classification of this Act to the Code, see Short

Title note set out under section 3101 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3902 of this title.

-CITE-

16 USC Sec. 3912 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER II - REVENUES FOR REFUGE OPERATIONS AND THE MIGRATORY

BIRD CONSERVATION FUND

-HEAD-

Sec. 3912. Transfers to migratory bird conservation fund

-STATUTE-

Notwithstanding any other provision of law, an amount equal to

the amount of all import duties collected on arms and ammunition,

as specified in chapter 93 of the Harmonized Tariff Schedule of the

United States, shall, beginning with the next fiscal year quarter

after November 10, 1986, be paid quarterly into the migratory bird

conservation fund established under section 718d of this title.

-SOURCE-

(Pub. L. 99-645, title II, Sec. 203, Nov. 10, 1986, 100 Stat. 3586;

Pub. L. 100-418, title I, Sec. 1214(f), Aug. 23, 1988, 102 Stat.

1156.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in text, is not set out in the Code. See Publication of Harmonized

Tariff Schedule note set out under section 1202 of Title 19,

Customs Duties.

-MISC2-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''chapter 93 of the Harmonized

Tariff Schedule of the United States'' for ''subpart A of part 5 of

schedule 7 of the Tariff Schedules of the United States''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of Title 19, Customs Duties.

-CITE-

16 USC SUBCHAPTER III - STATE AND FEDERAL WETLANDS

ACQUISITION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER III - STATE AND FEDERAL WETLANDS ACQUISITION

.

-HEAD-

SUBCHAPTER III - STATE AND FEDERAL WETLANDS ACQUISITION

-CITE-

16 USC Sec. 3921 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER III - STATE AND FEDERAL WETLANDS ACQUISITION

-HEAD-

Sec. 3921. National wetlands priority conservation plan

-STATUTE-

(a) In general

The Secretary shall establish, and periodically review and

revise, a national wetlands priority conservation plan which shall

specify, on a region-by-region basis or other basis considered

appropriate by the Secretary, the types of wetlands and interests

in wetlands which should be given priority with respect to Federal

and State acquisition.

(b) Consultation

The Secretary shall establish the plan required by subsection (a)

of this section after consultation with -

(1) the Administrator of the Environmental Protection Agency;

(2) the Secretary of Commerce;

(3) the Secretary of Agriculture; and

(4) (the chief executive officer of) each State.

(c) Factors to be considered

The Secretary, in establishing the plan required by subsection

(a) of this section, shall consider -

(1) the estimated proportion remaining of the respective types

of wetlands which existed at the time of European settlement;

(2) the estimated current rate of loss and the threat of future

losses of the respective types of wetlands; and

(3) the contributions of the respective types of wetlands to -

(A) wildlife, including endangered and threatened species,

migratory birds, and resident species;

(B) commercial and sport fisheries;

(C) surface and ground water quality and quantity, and flood

control;

(D) outdoor recreation; and

(E) other areas or concerns the Secretary considers

appropriate.

-SOURCE-

(Pub. L. 99-645, title III, Sec. 301, Nov. 10, 1986, 100 Stat.

3586.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460l-8, 3922, 3954, 4404

of this title.

-CITE-

16 USC Sec. 3922 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER III - STATE AND FEDERAL WETLANDS ACQUISITION

-HEAD-

Sec. 3922. Federal acquisition

-STATUTE-

The Secretary is authorized to purchase wetlands or interests in

wetlands, which are not acquired under the authority of the

Migratory Bird Conservation Act of 1929 (16 U.S.C. 715-715s),

consistent with the wetlands priority conservation plan established

under section 3921 of this title.

-SOURCE-

(Pub. L. 99-645, title III, Sec. 304, Nov. 10, 1986, 100 Stat.

3588.)

-REFTEXT-

REFERENCES IN TEXT

The Migratory Bird Conservation Act of 1929, referred to in text,

is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is

classified generally to subchapter III (Sec. 715 et seq.) of

chapter 7 of this title. For complete classification of this Act

to the Code, see section 715 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 460l-9 of this title.

-CITE-

16 USC Sec. 3923 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER III - STATE AND FEDERAL WETLANDS ACQUISITION

-HEAD-

Sec. 3923. Restriction on use of eminent domain in acquisitions

-STATUTE-

The powers of condemnation or eminent domain shall not be used in

the acquisition of wetlands 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.

-SOURCE-

(Pub. L. 99-645, title III, Sec. 305, Nov. 10, 1986, 100 Stat.

3588.)

-REFTEXT-

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 Resources Act of 1986. For complete

classification of this Act to the Code, see Short Title note set

out under section 3901 of this title and Tables.

-CITE-

16 USC SUBCHAPTER IV - WETLANDS INVENTORY AND TREND

ANALYSIS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER IV - WETLANDS INVENTORY AND TREND ANALYSIS

.

-HEAD-

SUBCHAPTER IV - WETLANDS INVENTORY AND TREND ANALYSIS

-CITE-

16 USC Sec. 3931 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER IV - WETLANDS INVENTORY AND TREND ANALYSIS

-HEAD-

Sec. 3931. National wetlands inventory project

-STATUTE-

(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 priorities 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 update and improve the information

contained in the report dated September 1982 and entitled

''Status and Trends of Wetlands and Deepwater 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 dissemination 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) of this section in an area. Such notice shall

include, but is not limited to, the identification of the area to

be mapped, the proposed schedule for completion, and the

identification of a source for further information.

-SOURCE-

(Pub. L. 99-645, title IV, Sec. 401, Nov. 10, 1986, 100 Stat. 3588;

Pub. L. 101-233, Sec. 18, Dec. 13, 1989, 103 Stat. 1978; Pub. L.

102-440, title III, Sec. 305, Oct. 23, 1992, 106 Stat. 2235.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(3). Pub. L. 102-440, Sec. 305(1), substituted

''by September 30, 2000'' for ''as soon as practicable''.

Subsec. (a)(4). Pub. L. 102-440, Sec. 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, Sec. 305(3), (4), added

pars. (6) and (7).

1989 - Subsec. (a)(5). Pub. L. 101-233 added par. (5).

-CITE-

16 USC Sec. 3932 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59 - WETLANDS RESOURCES

SUBCHAPTER IV - WETLANDS INVENTORY AND TREND ANALYSIS

-HEAD-

Sec. 3932. Reports to Congress

-STATUTE-

(a) In general

The Secretary, in consultation and cooperation 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) of this section 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, including expenditures, financial

assistance, and tax provisions which -

(A) induce wetlands destruction or degradation; or

(B) protect or enhance wetlands;

(3) a compilation and analysis of Federal expenditures

resulting from wetlands destruction, degradation, protection or

enhancement;

(4) an analysis of public and private patterns of ownership of

wetlands;

(5) an analysis of the environmental and economic impact of

eliminating or restricting future Federal expenditures and

financial assistance, whether direct or indirect, which have the

effect of encouraging the destruction, degradation, protection or

enhancement of wetlands, including -

(A) public works expenditures;

(B) assistance programs such as price support programs,

commodity loans and purchase programs and disaster assistance

programs;

(C) soil conservation programs; and

(D) certain income tax provisions;

(6) an analysis of the environmental and economic impact of

failure to restrict future Federal expenditures, financial

assistance, and tax provisions which have the effect of

encouraging the destruction, degradation, protection or

enhancement of wetlands, including -

(A) assistance for normal silviculture activity (such as

plowing, seeding, planting, cultivating, minor drainage, or

harvesting for the production of fiber or forest products);

(B) Federal expenditures required incident to studies,

evaluations, design, construction, operation, maintenance, or

rehabilitation of Federal water resource development

activities, including channel improvements;

(C) the commodity loans and purchases program and cotton,

feed grain, wheat, and rice production stabilization programs

administered by the Department of Agriculture; and

(D) Federal expenditures for the construction of publicly

owned or publicly operated highways, roads, structures, or

facilities that are essential links in a larger network or

system; and

(7) recommendations for the conservation of wetlands resources

based on an evaluation and comparison of all management

alternatives, and combinations of management alternatives, such

as State and local actions, Federal actions, and initiatives by

private organizations and individuals.

-SOURCE-

(Pub. L. 99-645, title IV, Sec. 402, Nov. 10, 1986, 100 Stat.

3589.)

-CITE-