§ 4404. — Approval of wetlands conservation projects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4404]
TITLE 16--CONSERVATION
CHAPTER 64--NORTH AMERICAN WETLANDS CONSERVATION
Sec. 4404. Approval of wetlands conservation projects
(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
\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.
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\1\ So in original.
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(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.
(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.)
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.
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.
