§ 4403. — Establishment of North American Wetlands Conservation Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4403]
TITLE 16--CONSERVATION
CHAPTER 64--NORTH AMERICAN WETLANDS CONSERVATION
Sec. 4403. Establishment of North American Wetlands Conservation
Council
(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.
(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.)
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.
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)).''
