
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 (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 by January 1 of 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 one Council member 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.

(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.)

                       References in Text

    The Endangered Species Act, referred to in subsec. (a)(5), probably 
means the Endangered Species Act of 1973, 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.

                          Codification

    Subsec. (f) of this section, which required the Migratory Bird 
Conservation Commission to submit annually to the appropriate Committees 
(see section 4402(2) of this title) a report including a list and 
description of the wetlands conservation projects approved by the 
Migratory Bird Conservation Commission for Federal funding under subsec. 
(d) 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 subsec. (a), terminated, effective 
May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, 
set out as a note under section 1113 of Title 31, Money and Finance. 
See, also, page 177 of House Document No. 103-7.


                               Amendments

    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.''
