
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 50 per centum and 
    not more than 70 per centum thereof) 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 per centum 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 30 per centum and not more than 50 per centum 
    thereof), 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) Federal contribution for projects; non-Federal share

    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. 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.)


                               Amendments

    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.
