§ 4405. — Conditions relating to 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: 16USC4405]
TITLE 16--CONSERVATION
CHAPTER 64--NORTH AMERICAN WETLANDS CONSERVATION
Sec. 4405. Conditions relating to wetlands conservation projects
(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.
(Pub. L. 101-233, Sec. 6, Dec. 13, 1989, 103 Stat. 1973.)
Section Referred to in Other Sections
This section is referred to in sections 4404, 4407 of this title.
