US (United States) Code. Title 16. Chapter 64: North American wetlands

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

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16 USC CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

.

-HEAD-

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-MISC1-

Sec.

4401. Findings and statement of purpose.

(a) Findings.

(b) Purpose.

4402. Definitions.

4403. Establishment of North American Wetlands Conservation

Council.

(a) Council membership.

(b) Appointment and terms.

(c) Ex officio Council members.

(d) Chairman.

(e) Quorum.

(f) Meetings.

(g) Coordinator.

4404. Approval of wetlands conservation projects.

(a) Consideration by Council.

(b) Recommendations to Migratory Bird Conservation

Commission.

(c) Council procedures.

(d) Council representation on Migratory Bird

Conservation Commission.

(e) Approval of Council recommendations by Migratory

Bird Conservation Commission.

(f) Notification of appropriate Committees.

4405. Conditions relating to wetlands conservation projects.

(a) Projects in United States.

(b) Projects in Canada or Mexico.

4406. Amounts available to carry out this chapter.

(a) Omitted.

(b) Migratory bird fines, penalties, forfeitures.

(c) Authorization of appropriations.

(d) Availability of funds.

4407. Allocation of amounts available to carry out this chapter.

(a) Allocations.

(b) Cost sharing.

(c) Partial payments.

4408. Restoration, management, and protection of wetlands and

habitat for migratory birds on Federal lands.

4409. Report to Congress.

4410. Revisions to Plan.

4411. Relationship to other authorities.

(a) Acquisition of lands and waters.

(b) Mitigation.

4412. Limitation on assessments against Migratory Bird Conservation

Fund.

4413. Other agreements.

4414. Assessment of progress in wetlands conservation.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3741 of this title.

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16 USC Sec. 4401 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4401. Findings and statement of purpose

-STATUTE-

(a) Findings

The Congress finds and declares that -

(1) the maintenance of healthy populations of migratory birds

in North America is dependent on the protection, restoration, and

management of wetland ecosystems and associated habitats in

Canada, as well as in the United States and Mexico;

(2) wetland ecosystems provide essential and significant

habitat for fish, shellfish, and other wildlife of commercial,

recreational, scientific, and aesthetic values;

(3) almost 35 per centum of all rare, threatened, and

endangered species of animals are dependent on wetland

ecosystems;

(4) wetland ecosystems provide substantial flood and storm

control values and can obviate the need for expensive manmade

control measures;

(5) wetland ecosystems make a significant contribution to water

availability and quality, recharging ground water, filtering

surface runoff, and providing waste treatment;

(6) wetland ecosystems provide aquatic areas important for

recreational and aesthetic purposes;

(7) more than 50 per centum of the original wetlands in the

United States alone have been lost;

(8) wetlands destruction, loss of nesting cover, and

degradation of migration and wintering habitat have contributed

to long-term downward trends in populations of migratory bird

species such as pintails, American bitterns, and black ducks;

(9) the migratory bird treaty obligations of the United States

with Canada, Mexico, and other countries require protection of

wetlands that are used by migratory birds for breeding,

wintering, or migration and are needed to achieve and to maintain

optimum population levels, distributions, and patterns of

migration;

(10) the 1988 amendments to the Fish and Wildlife Conservation

Act of 1980 require the Secretary of the Interior to identify

conservation measures to assure that nongame migratory bird

species do not reach the point at which measures of the

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are

necessary;

(11) protection of migratory birds and their habitats requires

long-term planning and the close cooperation and coordination of

management activities by Canada, Mexico, and the United States

within the framework of the 1916 and 1936 Migratory Bird

Conventions and the Convention on Nature Protection and Wildlife

Preservation in the Western Hemisphere;

(12) the North American Waterfowl Management Plan, signed in

1986 by the Minister of Environment for Canada and the Secretary

of the Interior for the United States and in 1994 by the

Secretary of Sedesol for Mexico, provides a framework for

maintaining and restoring an adequate habitat base to ensure

perpetuation of populations of North American waterfowl and other

migratory bird species;

(13) a tripartite agreement signed in March 1988, by the

Director General for Ecological Conservation of Natural Resources

of Mexico, the Director of the Canadian Wildlife Service, and the

Director of the United States Fish and Wildlife Service, provides

for expanded cooperative efforts in Mexico to conserve wetlands

for migratory birds that spend the winter there;

(14) the long-term conservation of migratory birds and habitat

for these species will require the coordinated action of

governments, private organizations, landowners, and other

citizens; and

(15) the treaty obligations of the United States under the

Convention on Wetlands of International Importance especially as

waterfowl habitat requires promotion of conservation and wise use

of wetlands.

(b) Purpose

The purposes of this chapter are to encourage partnership among

public agencies and other interests -

(1) to protect, enhance, restore, and manage an appropriate

distribution and diversity of wetland ecosystems and habitats

associated with wetland ecosystems and other fish and wildlife in

North America;

(2) to maintain current or improved distributions of wetland

associated migratory bird populations; and

(3) to sustain an abundance of waterfowl and other wetland

associated migratory birds consistent with the goals of the North

American Waterfowl Management Plan, the United States Shorebird

Conservation Plan, the North American Waterbird Conservation

Plan, the Partners In Flight Conservation Plans, and the

international obligations contained in the migratory bird

treaties and conventions and other agreements with Canada,

Mexico, and other countries.

-SOURCE-

(Pub. L. 101-233, Sec. 2, Dec. 13, 1989, 103 Stat. 1968; Pub. L.

107-308, Sec. 3, 8(a)(1), (2), Dec. 2, 2002, 116 Stat. 2446, 2447.)

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REFERENCES IN TEXT

The Fish and Wildlife Conservation Act of 1980, referred to in

subsec. (a)(10), is Pub. L. 96-366, Sept. 29, 1980, 94 Stat. 1322,

as amended, which is classified generally to chapter 49 (Sec. 2901

et seq.) of this title. In 1988, section 2912 of that chapter was

enacted and section 2910 of that chapter was amended by Pub. L.

100-653, title VIII, Nov. 14, 1988, 102 Stat. 3833. For complete

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

out under section 2901 of this title and Tables.

The Endangered Species Act of 1973, referred to in subsec.

(a)(10), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as

amended, which is classified generally to chapter 35 (Sec. 1531 et

seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1531 of this

title and Tables.

This chapter, referred to in subsec. (b), was in the original

''this Act'', meaning Pub. L. 101-233, Dec. 13, 1989, 103 Stat.

1968, as amended, which is classified principally to this chapter.

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

Title note set out below and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-308, Sec. 3(a), substituted

''and associated habitats'' for ''and other habitats''.

Subsec. (a)(10). Pub. L. 107-308, Sec. 8(a)(1), inserted ''of

1973'' after ''Endangered Species Act''.

Subsec. (a)(12). Pub. L. 107-308, Sec. 8(a)(2), inserted ''and in

1994 by the Secretary of Sedesol for Mexico'' after ''United

States''.

Subsec. (b)(1). Pub. L. 107-308, Sec. 3(b)(1), substituted ''and

habitats associated with wetland ecosystems'' for ''and other

habitats for migratory birds''.

Subsec. (b)(2). Pub. L. 107-308, Sec. 3(b)(2), inserted ''wetland

associated'' before ''migratory bird''.

Subsec. (b)(3). Pub. L. 107-308, Sec. 3(b)(3), inserted ''wetland

associated'' before ''migratory birds'' and '', the United States

Shorebird Conservation Plan, the North American Waterbird

Conservation Plan, the Partners In Flight Conservation Plans,''

after ''North American Waterfowl Management Plan''.

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-308, Sec. 1, Dec. 2, 2002, 116 Stat. 2446, provided

that: ''This Act (amending this section and sections 4402 to 4404,

4406, 4407, 4409, and 4413 of this title, enacting provisions set

out as a note under section 4403 of this title, and amending

provisions set out as a note under section 461 of this title) may

be cited as the 'North American Wetlands Conservation

Reauthorization Act'.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-312, title III, Sec. 301, Oct. 30, 1998, 112 Stat.

2958, provided that: ''This title (amending sections 3744 and 4406

of this title and enacting provisions set out as a note under

section 4403 of this title) may be cited as the 'Wetlands and

Wildlife Enhancement Act of 1998'.''

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-375, Sec. 1, Oct. 19, 1994, 108 Stat. 3494, provided

that: ''This Act (enacting section 4414 of this title and amending

sections 3742 to 3744, 3955, 4406, 4407, 4409, and 4410 of this

title) may be cited as the 'North American Wetlands Conservation

Act Amendments of 1994'.''

SHORT TITLE

Section 1 of Pub. L. 101-233 provided that: ''This Act (enacting

this chapter, amending sections 669b, 669c, 703, 715a, 2912, and

3931 of this title, enacting provisions set out as a note under

section 669b of this title, and amending provisions set out as a

note under section 668dd of this title) may be cited as the 'North

American Wetlands Conservation Act'.''

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16 USC Sec. 4402 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4402. Definitions

-STATUTE-

For the purposes of this chapter:

(1) The term ''Agreement'' means the Tripartite Agreement

signed in March 1988, by the Director General for Ecological

Conservation of Natural Resources of Mexico, the Director of the

Canadian Wildlife Service, and the Director of the United States

Fish and Wildlife Service.

(2) The term ''appropriate Committees'' means the Committee on

Environment and Public Works of the United States Senate and the

Committee on Resources of the House of Representatives.

(3) The term ''flyway'' means the four administrative units

used by the United States Fish and Wildlife Service and the

States in the management of waterfowl populations.

(4) The term ''Migratory Bird Conservation Commission'' means

that commission established by section 715a of this title.

(5) The term ''migratory birds'' means all wild birds native to

North America that are in an unconfined state and that are

protected under the Migratory Bird Treaty Act (16 U.S.C. 703 et

seq.), including ducks, geese, and swans of the family Anatidae,

species listed as threatened or endangered under the Endangered

Species Act of 1973 (16 U.S.C. 1531 et seq.), and species defined

as nongame under the Fish and Wildlife Conservation Act of 1980

(16 U.S.C. 2901-2912).

(6) The term ''Plan'' means the North American Waterfowl

Management Plan signed by the Minister of the Environment for

Canada and the Secretary of the Interior for the United States in

May 1986, and by the Secretary of Sedesol for Mexico in 1994, and

subsequent dates.

(7) The term ''Secretary'' means the Secretary of the Interior.

(8) The term ''State'' means the State fish and wildlife

agency, which shall be construed to mean any department, or any

division of any department of another name, of a State that is

empowered under its laws to exercise the functions ordinarily

exercised by a State fish and wildlife agency.

(9) The term ''wetlands conservation project'' means -

(A) the obtaining of a real property interest in lands or

waters, including water rights, of a wetland ecosystem and

associated habitat if the obtaining of such interest is subject

to terms and conditions that will ensure that the real property

will be administered for the long-term conservation of such

lands and waters and the migratory birds and other fish and

wildlife dependent thereon;

(B) the restoration, management, or enhancement of wetland

ecosystems and associated habitat for migratory birds and other

fish and wildlife species if such restoration, management, or

enhancement is conducted on lands and waters that are

administered for the long-term conservation of such lands and

waters and the migratory birds and other fish and wildlife

dependent thereon; and

(C) in the case of projects undertaken in Mexico, includes

technical training and development of infrastructure necessary

for the conservation and management of wetlands and studies on

the sustainable use of wetland resources.

-SOURCE-

(Pub. L. 101-233, Sec. 3, Dec. 13, 1989, 103 Stat. 1969; Pub. L.

107-308, Sec. 4, 8(a)(3)-(5), Dec. 2, 2002, 116 Stat. 2446, 2447.)

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REFERENCES IN TEXT

The Migratory Bird Treaty Act, referred to in par. (5), is act

July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is

classified generally to subchapter II (Sec. 703 et seq.) of chapter

7 of this title. For complete classification of this Act to the

Code, see section 710 of this title and Tables.

The Endangered Species Act of 1973, referred to in par. (5), is

Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is

classified generally to chapter 35 (Sec. 1531 et seq.) of this

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

Short Title note set out under section 1531 of this title and

Tables.

The Fish and Wildlife Conservation Act of 1980, referred to in

par. (5), is Pub. L. 96-366, Sept. 29, 1980, 94 Stat. 1322, as

amended, which is classified generally to chapter 49 (Sec. 2901 et

seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 2901 of this

title and Tables.

-MISC2-

AMENDMENTS

2002 - Par. (2). Pub. L. 107-308, Sec. 8(a)(3), substituted

''Committee on Resources of the House of Representatives'' for

''Committee on Merchant Marine and Fisheries of the United States

House of Representatives''.

Par. (5). Pub. L. 107-308, Sec. 8(a)(4), inserted ''of 1973''

after ''Endangered Species Act''.

Par. (6). Pub. L. 107-308, Sec. 8(a)(5), inserted '', and by the

Secretary of Sedesol for Mexico in 1994, and subsequent dates''

after ''1986''.

Par. (9)(A). Pub. L. 107-308, Sec. 4(1), inserted ''of a wetland

ecosystem and associated habitat'' after ''including water

rights,''.

Par. (9)(B). Pub. L. 107-308, Sec. 4(2), substituted ''and

associated habitat'' for ''and other habitat''.

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16 USC Sec. 4403 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4403. Establishment of North American Wetlands Conservation

Council

-STATUTE-

(a) Council membership

(1) There shall be established a North American Wetlands

Conservation Council (hereinafter in this chapter referred to as

the ''Council'') which shall consist of nine members who may not

receive compensation as members of the Council. Of the Council

members -

(A) one shall be the Director of the United States Fish and

Wildlife Service, who shall be the responsible Federal official

for ensuring Council compliance with the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B) one shall be the Secretary of the Board of the National

Fish and Wildlife Foundation appointed pursuant to section

3702(g)(2)(B) of this title;

(C) four shall be individuals who shall be appointed by the

Secretary, who shall reside in different flyways and who shall

each be a Director of the State fish and wildlife agency; and

(D) three shall be individuals who shall be appointed by the

Secretary and who shall each represent a different charitable and

nonprofit organization which is actively participating in

carrying out wetlands conservation projects under this chapter,

the Plan, or the Agreement.

The provisions of Public Law 92-463, as amended, shall not apply to

the Council.

(2) The Secretary shall appoint an alternate member of the

Council who shall be knowledgeable and experienced in matters

relating to fish, wildlife, and wetlands conservation and who shall

perform the duties of a Council member appointed under subsection

(a)(1)(C) or subsection (a)(1)(D) of this section -

(A) until a vacancy referred to in subsection (b)(4) of this

section is filled; or

(B) in the event of the anticipated absence of such a member

from any meeting of the Council.

(b) Appointment and terms

(1) Except as provided in paragraphs (2) and (3), the term of

office of a member of the Council appointed under subsections

(a)(1)(C) and (a)(1)(D) of this section is three years.

(2) Of the Council members first appointed under subsection

(a)(1)(C) of this section after December 13, 1989, one shall be

appointed for a term of one year, one shall be appointed for a term

of two years, and two shall be appointed for a term of three years.

(3) Of the Council members first appointed under subsection

(a)(1)(D) of this section after December 13, 1989, one shall be

appointed for a term of one year, one shall be appointed for a term

of two years, and one shall be appointed for a term of three years.

(4) Whenever a vacancy occurs among members of the Council

appointed under subsection (a)(1)(C) or subsection (a)(1)(D) of

this section, the Secretary shall appoint an individual in

accordance with either such subsection to fill that vacancy for the

remainder of the applicable term.

(c) Ex officio Council members

The Secretary is authorized and encouraged to include as ex

officio nonvoting members of the Council representatives of -

(1) the Federal, provincial, territorial, or State government

agencies of Canada and Mexico, which are participating actively

in carrying out one or more wetlands conservation projects under

this chapter, the Plan, or the Agreement;

(2) the Environmental Protection Agency and other appropriate

Federal agencies, in addition to the United States Fish and

Wildlife Service, which are participating actively in carrying

out one or more wetlands conservation projects under this

chapter, the Plan, or the Agreement; and

(3) nonprofit charitable organizations and Native American

interests, including tribal organizations, which are

participating actively in one or more wetlands conservation

projects under this chapter, the Plan, or the Agreement.

(d) Chairman

The Chairman shall be elected by the Council from its members for

a three-year term, except 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 transaction 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

section misses three consecutive regularly scheduled meetings, the

Secretary may remove that individual in accordance with subsection

(b)(4) of this section.

(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 Service, for facilitating consideration

of wetlands conservation projects by the Council and otherwise

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.

-SOURCE-

(Pub. L. 101-233, Sec. 4, Dec. 13, 1989, 103 Stat. 1970; Pub. L.

101-593, title I, Sec. 112(1)-(3), Nov. 16, 1990, 104 Stat. 2962;

Pub. L. 107-308, Sec. 8(a)(6), (7), (b)(1), Dec. 2, 2002, 116 Stat.

2447, 2448.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (a)(1)(A), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,

as amended, which is classified generally to chapter 55 (Sec. 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.

Public Law 92-463, referred to in subsec. (a)(1), is Pub. L.

92-463, Oct. 6, 1972, 86 Stat. 770, as amended, known as the

Federal Advisory Committee Act, which is set out in the Appendix to

Title 5, Government Organization and Employees.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(1)(A). Pub. L. 107-308, Sec. 8(b)(1), amended

directory language of Pub. L. 101-593, Sec. 112(1). See 1990

Amendment note below.

Subsec. (a)(1)(B). Pub. L. 107-308, Sec. 8(a)(6), substituted

''section 3702(g)(2)(B)'' for ''section 3702(2)(B)''.

Subsec. (c). Pub. L. 107-308, Sec. 8(a)(7), substituted

''Council'' for ''Commission'' in introductory provisions.

1990 - Subsec. (a)(1). Pub. L. 101-593, Sec. 112(2), inserted

sentence at end relating to Public Law 92-463.

Subsec. (a)(1)(A). Pub. L. 101-593, Sec. 112(1), as amended by

Pub. L. 107-308, Sec. 8(b)(1), inserted '', who shall be the

responsible Federal official for ensuring Council compliance with

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.)'' after ''Service''.

Subsec. (f). Pub. L. 101-593, Sec. 112(3), inserted before period

at end of first sentence '', and the Chairman shall take

appropriate steps to provide adequate notice to the public of the

time and place of such meetings''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-308, Sec. 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, Sec. 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 public comment, a policy for

making appointments under section 4(a)(1)(D) of the North American

Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D)).''

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16 USC Sec. 4404 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4404. Approval of wetlands conservation projects

-STATUTE-

(a) Consideration by Council

The Council shall recommend wetlands conservation projects to the

Migratory Bird Conservation Commission based on consideration of -

(1) the extent to which the wetlands conservation 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 conservation project and to match Federal

contributions in accordance with the requirements of section

4407(b) of this title;

(3) the extent to which any wetlands conservation project

represents a partnership among public agencies and private

entities;

(4) the consistency of any wetlands conservation 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 conservation project would

aid the conservation of migratory nongame birds, other fish and

wildlife and species that are listed, or are candidates to be

listed, as threatened and endangered 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

(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 Conservation Commission

The Council shall submit to the Migratory Bird Conservation

Commission each year a description, including estimated costs, of

the wetlands conservation projects which the Council has considered

under subsection (a) of this section and which it recommends, in

order of priority, 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

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),

recommendations by the Council for carrying out wetlands

conservation projects under section 4405(a) of this title shall be

considered Federal actions requiring the preparation of

environmental assessments or, where appropriate, environmental

impact statements.

(c) Council procedures

The Council shall establish practices and procedures 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 subsection (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

(FOOTNOTE 1) United States citizenship 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 recommended by the Council.

(FOOTNOTE 1) So in original.

(e) Approval of Council recommendations by Migratory Bird

Conservation Commission

The Migratory Bird Conservation Commission, along with the two

members of the Council referred 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 Commission 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 statement 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 Committees 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 funding such projects; a list and description of the

wetlands conservation projects which the Council recommended, in

order of priority that the Migratory Bird Conservation Commission

approve 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.

-SOURCE-

(Pub. L. 101-233, Sec. 5, Dec. 13, 1989, 103 Stat. 1972; Pub. L.

101-593, title I, Sec. 112(4), Nov. 16, 1990, 104 Stat. 2962; Pub.

L. 107-308, Sec. 8(a)(8)-(11), Dec. 2, 2002, 116 Stat. 2448.)

-REFTEXT-

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, as amended,

which is classified generally to chapter 35 (Sec. 1531 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1531 of this title and

Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 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.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(5). Pub. L. 107-308, Sec. 8(a)(8), inserted

''of 1973'' after ''Endangered Species Act''.

Subsec. (b). Pub. L. 107-308, Sec. 8(a)(9), substituted ''each

year'' for ''by January 1 of each year,''.

Subsec. (d). Pub. L. 107-308, Sec. 8(a)(10), substituted ''2

Council members'' for ''one Council member''.

Subsec. (f). Pub. L. 107-308, Sec. 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.), recommendations by the Council for carrying

out wetlands conservation projects under section 4405(a) of this

title shall be considered Federal actions requiring the preparation

of environmental assessments or, where appropriate, environmental

impact statements.''

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 subsequently 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, Sec. 1402(1)) of Pub. L. 106-554, set out

as notes under section 1113 of Title 31, Money and Finance.

-CITE-

16 USC Sec. 4405 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4405. Conditions relating to wetlands conservation projects

-STATUTE-

(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 Federal 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 Secretary may, with the concurrence of the Migratory

Bird Conservation Commission, grant or otherwise provide the

Federal funds made available 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

recipient 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 chapter, 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

property 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 wetland ecosystem and the fish and wildlife

dependent thereon.

(b) Projects in Canada or Mexico

Subject to the allocation requirements of section 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 purpose 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 accompanying 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, managed, 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 property and interests in

real property acquired pursuant to this subsection shall not become

part of the National Wildlife Refuge System. Acquisitions of real

property and interests in real property carried out pursuant to

this subsection shall not be subject to any provision of Federal

law governing acquisitions of property for inclusion in the

National Wildlife Refuge System.

-SOURCE-

(Pub. L. 101-233, Sec. 6, Dec. 13, 1989, 103 Stat. 1973.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4404, 4407 of this title.

-CITE-

16 USC Sec. 4406 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4406. Amounts available to carry out this chapter

-STATUTE-

(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 allocation under

section 4407 of this title not to exceed -

(1) $55,000,000 for fiscal year 2003;

(2) $60,000,000 for fiscal year 2004;

(3) $65,000,000 for fiscal year 2005;

(4) $70,000,000 for fiscal year 2006; and

(5) $75,000,000 for fiscal year 2007.

(d) Availability of funds

Sums made available under this section shall be available until

expended.

-SOURCE-

(Pub. L. 101-233, Sec. 7, Dec. 13, 1989, 103 Stat. 1974; Pub. L.

103-375, Sec. 4, Oct. 19, 1994, 108 Stat. 3495; Pub. L. 105-312,

title III, Sec. 302, Oct. 30, 1998, 112 Stat. 2958; Pub. L.

106-553, Sec. 1(a)(2) (title IX, Sec. 902(i)), Dec. 21, 2000, 114

Stat. 2762, 2762A-124; Pub. L. 107-308, Sec. 5, Dec. 2, 2002, 116

Stat. 2447.)

-COD-

CODIFICATION

Section is comprised of section 7 of Pub. L. 101-233. Subsec. (a)

of section 7 of Pub. L. 101-233 amended sections 669b and 669c of

this title and enacted provisions set out as a note under section

669b of this title.

-MISC3-

AMENDMENTS

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''.

-CITE-

16 USC Sec. 4407 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4407. Allocation of amounts available to carry out this

chapter

-STATUTE-

(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 moneys 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 Secretary to defray the

costs of administering this chapter during such fiscal year,

shall be allocated by the Secretary to carry out approved

wetlands conservation projects in Canada and Mexico in accordance

with section 4405(b) of this title; and

(2) the remainder of such sum after paragraph (1) is applied

(but at least 40 percent and not more than 70 percent), which can

be matched with non-Federal moneys in accordance with the

requirements of subsection (b) of this section, shall be

allocated by the Secretary to carry out approved wetlands

conservation projects in the United States in accordance 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 portion

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) of this section that is used for the

project.

(2) Federal moneys allocated under subsection (a) of this section

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 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.

(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 payments, if any,

shall not be more than the Federal pro rata share of any such

project in conformity 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 Federal share of the

costs of such project from subsequent 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.

-SOURCE-

(Pub. L. 101-233, Sec. 8, Dec. 13, 1989, 103 Stat. 1975; Pub. L.

103-375, Sec. 2(a), Oct. 19, 1994, 108 Stat. 3494; Pub. L. 107-308,

Sec. 6, 7, Dec. 2, 2002, 116 Stat. 2447.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-308, Sec. 6(1), substituted

''(but at least 30 percent and not more than 60 percent)'' 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, Sec. 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, Sec. 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

payment of 100 per centum of the costs of such projects located on

Federal lands and waters, including the acquisition 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669b, 3955, 4403, 4404,

4405, 4406 of this title.

-CITE-

16 USC Sec. 4408 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4408. Restoration, management, and protection of wetlands and

habitat for migratory birds on Federal lands

-STATUTE-

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 Director of the United

States Fish and Wildlife Service to restore, protect, and enhance

the wetland ecosystems and other habitats for migratory birds,

fish, and wildlife within the lands and waters of each such agency.

-SOURCE-

(Pub. L. 101-233, Sec. 9, Dec. 13, 1989, 103 Stat. 1976.)

-CITE-

16 USC Sec. 4409 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4409. Report to Congress

-STATUTE-

The Secretary shall report to the appropriate Committees on the

implementation of this chapter. The report shall include -

(1) a biennial assessment of -

(A) the estimated number of acres of wetlands and habitat for

waterfowl and other migratory birds that were restored,

protected, or enhanced during such two-year period by Federal,

State, and local agencies and other entities in the United

States, Canada, and Mexico;

(B) trends in the population size and distribution of North

American migratory birds;

(C) the status of efforts to establish agreements with

nations in the Western Hemisphere 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

acquisition, 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 expenditures by

Canadian and Mexican sources to carry out these projects.

-SOURCE-

(Pub. L. 101-233, Sec. 10, Dec. 13, 1989, 103 Stat. 1976; Pub. L.

103-375, Sec. 2(b), Oct. 19, 1994, 108 Stat. 3494; Pub. L. 107-308,

Sec. 8(a)(12), (13), Dec. 2, 2002, 116 Stat. 2448.)

-REFTEXT-

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.

-MISC2-

AMENDMENTS

2002 - Par. (1)(C). Pub. L. 107-308, Sec. 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, Sec. 8(a)(13), substituted '';

and'' for period at end.

1994 - Par. (1)(D). Pub. L. 103-375 added subpar. (D).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4410 of this title.

-CITE-

16 USC Sec. 4410 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4410. Revisions to Plan

-STATUTE-

The Secretary shall, in 1998 and at five-year intervals

thereafter, undertake with the appropriate officials in Canada and

Mexico to revise the goals and other elements of the Plan in

accordance with the information required under section 4409 of this

title and with the other provisions of this chapter.

-SOURCE-

(Pub. L. 101-233, Sec. 11, Dec. 13, 1989, 103 Stat. 1976; Pub. L.

103-375, Sec. 2(c), Oct. 19, 1994, 108 Stat. 3494.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-375 substituted ''1998'' for ''1991'',

inserted ''and Mexico'' after ''Canada'', and struck out at end

''The Secretary shall invite and encourage the appropriate

officials in Mexico to participate in any revisions of the Plan.''

-CITE-

16 USC Sec. 4411 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4411. Relationship to other authorities

-STATUTE-

(a) Acquisition of lands and waters

Nothing in this chapter affects, alters, or modifies the

Secretary's authorities, responsibilities, 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 Development Act of

1986, Public Law 99-662 (1986), 100 Stat. 4235.

-SOURCE-

(Pub. L. 101-233, Sec. 12, Dec. 13, 1989, 103 Stat. 1977.)

-REFTEXT-

REFERENCES IN TEXT

The Fish and Wildlife Coordination Act, referred to in subsec.

(b), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which

is classified generally to sections 661 to 666c of this title. For

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

note set out under section 661 of this title and Tables.

The Water Resources Development Act of 1986, referred to in

subsec. (b), is Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4082, as

amended. 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.

-CITE-

16 USC Sec. 4412 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4412. Limitation on assessments against Migratory Bird

Conservation Fund

-STATUTE-

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 Conservation

Account. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''Fund''. See

section 718d of this title.

-SOURCE-

(Pub. L. 101-233, Sec. 14, Dec. 13, 1989, 103 Stat. 1977.)

-CITE-

16 USC Sec. 4413 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4413. Other agreements

-STATUTE-

The Secretary shall undertake with the appropriate officials of

nations in the Western Hemisphere to establish agreements, modeled

after the Plan or the Agreement, for the protection of migratory

birds identified in section 2912(a)(5) of this title. When any

such agreements are reached, the Secretary shall make

recommendations to the appropriate Committees on legislation

necessary to implement the agreements.

-SOURCE-

(Pub. L. 101-233, Sec. 16(a), Dec. 13, 1989, 103 Stat. 1977; Pub.

L. 107-308, Sec. 8(a)(14), Dec. 2, 2002, 116 Stat. 2448.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-308 substituted ''Western Hemisphere'' for

''western hemisphere''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4409 of this title.

-CITE-

16 USC Sec. 4414 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 64 - NORTH AMERICAN WETLANDS CONSERVATION

-HEAD-

Sec. 4414. Assessment of progress in wetlands conservation

-STATUTE-

Not later than January 31, 1996, the Secretary, in cooperation

with the Council, to further the purposes of the chapter shall -

(1) develop and implement a strategy to assist in the

implementation of this Act in conserving the full complement of

North American wetlands systems and species dependent on those

systems, that incorporates information existing on the date of

the issuance of the strategy in final form on types of wetlands

habitats and species dependent on the habitats; and

(2) develop and implement procedures to monitor and evaluate

the effectiveness of wetlands conservation projects completed

under this chapter.

-SOURCE-

(Pub. L. 101-233, Sec. 19, as added Pub. L. 103-375, Sec. 3, Oct.

19, 1994, 108 Stat. 3494.)

-CITE-