§ 4407. — Allocation of amounts available to carry out this chapter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4407]
TITLE 16--CONSERVATION
CHAPTER 64--NORTH AMERICAN WETLANDS CONSERVATION
Sec. 4407. Allocation of amounts available to carry out this
chapter
(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.
(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, Secs. 6,
7, Dec. 2, 2002, 116 Stat. 2447.)
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.''
Section Referred to in Other Sections
This section is referred to in sections 669b, 3955, 4403, 4404,
4405, 4406 of this title.
