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S 804 - 101

North American Wetlands Conservation Act

Became Public Law No: 101-233.

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Summary

36 Passed House amended May 29, 2002

North American Wetlands Conservation Act - Establishes a North American Wetlands Conservation Council. Sets forth elements to be considered by the Council in making recommendations to the Migratory Bird Conservation Commission for wetlands conservation projects. Requires the Council to submit annual descriptions to the Commission of projects recommended for Federal funding. Directs the Commission to approve, reject, or reorder any project recommended by the Council. Makes Federal funding available for approved projects. Requires the Commission to report annually to the appropriate congressional committees on such projects. Directs the Secretary of the Interior to carry out approved projects with funding available under this Act and the Federal Aid to Wildlife Restoration Act. Requires that lands, waters, or other interests acquired by the Secretary to carry out such projects be included in the National Wildlife Refuge System. Authorizes the Secretary, subject to certain conditions, to grant funds or convey any real property interest acquired with funding provided by this Act to States or public or other entities if such interests should not be included in the National Wildlife Refuge System. Prohibits the Secretary from conveying such interests to States, public agencies, or other entities unless the recipient is committed to managing such interests in accordance with this Act. Subjects such conveyances to conditions that will ensure that the interests will be administered for the long-term conservation and management of the wetland ecosystem and the fish and wildlife dependent on such ecosystem. Directs the Secretary to grant funds to public and other entities for carrying out wetlands conservation projects in Canada and Mexico. Subjects the granting of such funds to the same conditions applicable to the conveyance of property interests. Prohibits the inclusion of property acquired pursuant to the implementation of such projects in the National Wildlife Refuge System. Amends the Federal Aid in Wildlife Restoration Act to require the Secretary of the Treasury to invest in interest-bearing obligations such portion of the wildlife restoration fund not required for the current year's withdrawals. Sets forth authorized investment activities and the required use of interest held on obligations in such fund. Excludes such interest from revenues to be deducted for administrative expenses. Authorizes the sums of certain penalties or fines received for violations of the Migratory Bird Treaty Act to be appropriated to the Department of the Interior for allocations of funds under this Act. Authorizes additional appropriations. Allocates funds made available under this Act and the Federal Aid in Wildlife Restoration Act. Limits the Federal contribution to wetlands conservation projects to 50 percent of the total cost for projects in the United States. Authorizes the Secretary of the Interior to: (1) make progress payments to wetlands conservation projects; and (2) enter into agreements to make payments on initial portions of such projects, subject to the availability of Federal funds. Requires the head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters to cooperate with the Director of the U.S. Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds, fish, and wildlife within such lands and waters. Requires the Secretary to report to the appropriate congressional committees on the implementation of this Act. Requires the Secretary, in 1991 and quinquennially thereafter, to revise the North American Waterfowl Management Plan with appropriate Canadian officials. Provides that the appropriate officials in Mexico shall be invited to participate in any Plan revision. Prohibits funds made available under this Act and the Federal Aid in Wildlife Restoration Act from being used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act or the Water Resources Development Act of 1986. Amends the Migratory Bird Conservation Act to provide that the Administrator of the Environmental Protection Agency (in lieu of the Secretary of Transportation) shall be a member of the Commission. Provides that only personnel and administrative costs directly related to acquisition of real property shall be levied against the Migratory Bird Conservation Account. Requires the Secretary to undertake to establish migratory bird protection agreements with appropriate Western Hemisphere nations. Amends the Fish and Wildlife Conservation Act to require the Secretary to identify lands and waters in the United States and other Western Hemisphere nations whose protection, management, or acquisition will foster the conservation of migratory nongame birds. Expands the boundaries of the Bogue Chitto National Wildlife Refuge. Removes a limitation on the amount authorized to be appropriated for the acquisition of lands and interests to be included in such refuge. Amends the Emergency Wetlands Resources Act of 1986 to require the Secretary to produce assessments of: (1) the estimated total number of acres of wetland habitat as of the 1780's in each State; and (2) the estimated total of wetlands acreage in each State and the percentage of loss of wetlands in each State between the 1780's and the 1980's.

35 Passed Senate amended May 29, 2002

North American Wetlands Conservation Act - Establishes a North American Wetlands Conservation Council. Sets forth elements to be considered by the Council in making recommendations to the Migratory Bird Conservation Commission for wetlands conservation projects. Requires the Commission to submit annual descriptions to the Commission of projects recommended for Federal funding. Directs the Commission to approve, reject, or reorder any project recommended by the Council. Makes Federal funding available for approved projects. Requires the Commission to report annually to the appropriate congressional committees on such projects. Directs the Secretary of the Interior to carry out approved projects with funding available under this Act and the Federal Aid to Wildlife Restoration Act. Requires that lands, waters, or other interests acquired by the Secretary to carry out such projects be included in the National Wildlife Refuge System. Authorizes the Secretary, subject to certain conditions, to grant funds or convey any real property interest acquired with funding provided by this Act to States or public or other entities if such interests should not be included in the National Wildlife Refuge System. Prohibits the Secretary from conveying such interests to States, public agencies, or other entities unless the recipient is committed to managing such interests in accordance with this Act. Subjects such conveyances to conditions that will ensure that the interests will be administered for the long-term conservation and management of the wetland ecosystem and the fish and wildlife dependent on such ecosystem. Directs the Secretary to grant funds to public and other entities for carrying out wetlands conservation projects in Canada and Mexico. Subjects the granting of such funds to the same conditions applicable to the conveyance of property interests. Prohibits the inclusion of property acquired pursuant to the implementation of such projects in the National Wildlife Refuge System. Amends the Federal Aid in Wildlife Restoration Act to require the Secretary of the Treasury to invest in interest-bearing obligations such portion of the wildlife restoration fund not required for the current year's withdrawals. Sets forth authorized investment activities and the required use of interest held on obligations in such fund. Excludes such interest from revenues to be deducted for administrative expenses. Authorizes the sums of certain penalties or fines received for violations of the Migratory Bird Treaty Act to be appropriated to the Department of the Interior for allocations of funds under this Act. Authorizes additional appropriations. Allocates funds made available under this Act and the Federal Aid in Wildlife Restoration Act. Limits the Federal contribution to wetlands conservation projects to 50 percent of the total cost for projects in the United States. Authorizes the Secretary of the Interior to: (1) make progress payments to wetlands conservation projects; and (2) enter into agreements to make payments on initial portions of such projects, subject to the availability of Federal funds. Prohibits the use of moneys allocated under this Act for acquiring lands for inclusion in the National Wildlife Refuge System, except as provided, unless there is appropriated under the Refuge Revenue Sharing Act for such fiscal year an amount equal to the difference between the total amount of net receipts and the aggregate amount of payments to be made to counties. Requires the head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters to cooperate with the Director of the U.S. Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds, fish, and wildlife within such lands and waters. Requires the Secretary to report to the appropriate congressional committees on the implementation of this Act. Requires the Secretary, in 1991 and quinquennially thereafter, to revise the North American Waterfowl Management Plan with appropriate Canadian officials. Provides that the appropriate als in Mexico shall be invited to participate in any Plan revision. Prohibits funds made available under this Act and the Federal Aid in Wildlife Restoration Act from being used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act or the Water Resources Development Act of 1986. Amends the Migratory Bird Conservation Act to provide that the Administrator of the Environmental Protection Agency (in lieu of the Secretary of Transportation) shall be a member of the Commission. Provides that only personnel and administrative costs directly related to acquisition of real property shall be levied against the Migratory Bird Conservation Account. Requires the Secretary to undertake to establish migratory bird protection agreements with appropriate Western Hemisphere nations. Amends the Fish and Wildlife Conservation Act to require the Secretary to identify lands and waters in the United States and other Western Hemisphere nations whose protection, management, or acquisition will foster the conservation of migratory nongame birds. Expands the boundaries of the Bogue Chitto National Wildlife Refuge. Removes a limitation on the amount authorized to be appropriated for the acquisition of lands and interests to be included in such refuge. Amends the Emergency Wetlands Resources Act of 1986 to require the Secretary to produce assessments of: (1) the estimated total number of acres of wetland habitat as of the 1780's in each State; and (2) the estimated total of wetlands acreage in each State and the percentage of loss of wetlands in each State between the 1780's and the 1980's.

01 Reported to Senate with amendment(s) May 29, 2002

North American Wetlands Conservation Act - Establishes a North American Wetlands Conservation Commission. Sets forth elements to be considered by the Commission in making recommendations for wetlands conservation projects. Requires the Commission to submit annual descriptions to the Secretary of the Interior of projects recommended for Federal funding. Directs the Secretary to approve such projects for funding in the order of priority recommended by the Commission unless he determines that such projects should not receive funding or that the order of priority should be modified. Requires the Secretary to report annually to the Congress on approved projects. Directs the Secretary to carry out such projects with funding available under this Act and the Federal Aid in Wildlife Restoration Act. Requires that lands, waters, or other interests acquired by the Secretary to carry out such projects be included in the National Wildlife Refuge System. Authorizes the Secretary, subject to certain conditions, to grant funds or convey any real property interest acquired with funding provided by this Act to States or public or private entities approved by States. Prohibits the Secretary from conveying such interests to private entities unless the approving State is committed to managing such interests if an entity fails to do so or voluntarily abandons them. Subjects such conveyances to conditions that will ensure that the interests will be administered for the long-term conservation and management of the wetland ecosystem and the fish and wildlife dependent on such ecosystem. Directs the Secretary to grant funds to public and private entities for carrying out wetlands conservation projects in Canada and Mexico. Subjects the granting of such funds to the same conditions applicable to the conveyance of property interests. Prohibits the inclusion of property acquired pursuant to the implementation of such projects in the National Wildlife Refuge System. Amends the Federal Aid in Wildlife Restoration Act to require the Secretary of the Treasury to invest in interest-bearing obligations such portion of the wildlife restoration fund not required for the current year's withdrawals. Sets forth authorized investment activities and the required use of interest held on obligations in such fund. Excludes such interest from revenues to be deducted for administrative expenses. Authorizes the sums of certain penalties or fines received for violations of the Migratory Bird Treaty Act to be appropriated to the Department of the Interior for allocations of funds under this Act. Authorizes additional appropriations. Allocates funds made available under this Act and the Federal Aid in Wildlife Restoration Act. Limits the Federal contribution to wetlands conservation projects to 75 percent for projects in Canada and Mexico and 50 percent of the total cost for projects in the United States. Authorizes the Secretary of the Interior to: (1) make progress payments to wetlands conservation projects; and (2) enter into agreements to make payments on initial portions of such projects, subject to the availability of Federal funds. Prohibits the use of moneys allocated under this Act for acquiring lands for inclusion in the National Wildlife Refuge System, except as provided, unless there is appropriated under the Refuge Revenue Sharing Act for such fiscal year an amount equal to the difference between the total amount of net receipts and the aggregate amount of payments to be made to counties. Requires the head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters to cooperate with the Director of the U.S. Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds, fish, and wildlife within such lands and waters. Directs such agencies, in the consideration of land disposal alternatives, to give priority to transfers of property for conservation purposes. Requires the Secretary to report biennially to the appropriate congressional committees on: (1) the estimated number of wetland acres and habitats that were restored, protected, or enhanced for migratory birds during such two-year period; and (2) trends in the population size and distribution of North American migratory birds. Directs the Secretary to report annually to such committees on the status of wetlands conservation projects and expenditures. Requires the Secretary, in 1991 and quinquennially thereafter, to revise the Plan with appropriate Canadian officials. Provides that the appropriate officials in Mexico shall be invited to participate in any Plan revision. Prohibits funds made available under this Act and the Federal Aid in Wildlife Restoration Act from being used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act or the Water Resources Development Act of 1986.

00 Introduced in Senate May 29, 2002

North American Wetlands Conservation Act - Establishes a North American Wetlands Conservation Commission. Sets forth elements to be considered by the Commission in making recommendations for wetlands conservation projects. Requires the Commission to submit annual descriptions to the Secretary of the Interior and the appropriate congressional committees of projects recommended for Federal funding. Directs the Secretary to approve such projects for funding unless such projects should not have been recommended based on the consideration factors. Requires the Secretary to carry out such projects with funding available under this Act and the Federal Aid in Wildlife Restoration Act. Requires lands, waters, or other interests acquired by the Secretary to carry out such projects to be included in the National Wildlife Refuge System, except as otherwise provided in this Act. Authorizes the Secretary to convey to States or public or private agencies approved by States any real property interest acquired, managed, or restored with funding provided by this Act, except that no such interest shall, without the Secretary's approval, be converted for uses other than conservation of migratory birds, other fish and wildlife, and the wetland ecosystems on which such species depend. Requires the Secretary to approve such conversion only if the Secretary finds it in accordance with the North American Waterfowl Management Plan (Plan) signed by Canada and the United States in 1986 and only upon such conditions deemed necessary to assure the substitution of comparable wetland ecosystems or other habitats for migratory birds and other fish and wildlife species. Directs the Secretary to grant funds to public and private entities for carrying out wetlands conservation projects in Canada and Mexico. Subjects the granting of such funds to the condition that property interests acquired, managed, or restored with such funds will be administered for the long-term conservation and management of fish and wildlife and will provide for public access and use. Amends the Federal Aid in Wildlife Restoration Act to require the Secretary of the Treasury to invest in interest-bearing obligations such portion of the wildlife restoration fund not required for the current year's withdrawals. Sets forth authorized investment activities and the required use of interest held on obligations in such fund. Excludes such interest from revenues to be deducted for administrative expenses. Authorizes the sums of certain penalties or fines received for violations of the Migratory Bird Treaty Act to be appropriated to the Department of the Interior for allocations of funds under this Act. Authorizes additional appropriations. Allocates funds made available under this Act and the Federal Aid in Wildlife Restoration Act. Limits the Federal contribution to wetlands conservation projects to 75 percent for projects in Canada and Mexico and 50 percent of the total cost for projects in the United States. Authorizes the Secretary to: (1) make progress payments to wetlands conservation projects; and (2) enter into agreements to make payments on initial portions of such projects, subject to the availability of Federal funds. Prohibits the use of moneys allocated under this Act for acquiring lands for inclusion in the National Wildlife Refuge System, except as provided, unless there is appropriated under the Refuge Revenue Sharing Act for such fiscal year an amount equal to the difference between the total amount of net receipts and the aggregate amount of payments to be made to counties. Requires the head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters to cooperate with the Director of the U.S. Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds, fish, and wildlife within such lands and waters. Directs such agencies, in the consideration of land disposal alternatives, to give priority to transfers of property for conservation purposes. Requires the Secretary to report biennially to the appropriate congressional committees on: (1) the estimated number of wetland acres and habitats that were restored, protected, or enhanced for migratory birds during such two-year period; and (2) trends in the population size and distribution of North American migratory birds. Directs the Secretary to report annually to such committees on the status of wetlands conservation projects and expenditures. Requires the Secretary, in 1991 and quinquennially thereafter, to revise the Plan with appropriate Canadian and Mexican officials. Prohibits funds made available under this Act and the Federal Aid in Wildlife Restoration Act from being used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act or the Water Resources Development Act of 1986.

Sponsors

Timeline

Dec 13, 1989

Signed by President.

Dec 13, 1989

Signed by President.

Dec 13, 1989

Became Public Law No: 101-233.

Dec 13, 1989

Became Public Law No: 101-233.

Dec 1, 1989

Measure Signed in Senate.

Dec 1, 1989

Presented to President.

Dec 1, 1989

Presented to President.

Nov 20, 1989

Message on Senate action sent to the House.

Nov 19, 1989

Resolving differences -- Senate actions: Senate agreed to the House amendments by Voice Vote.

Nov 19, 1989

Senate agreed to the House amendments by Voice Vote.

Nov 17, 1989

Mr. Studds asked unanimous consent to take from the Speaker's table and consider.

Nov 17, 1989

Considered by unanimous consent.

Nov 17, 1989

Passed/agreed to in House: On passage Passed without objection.

Nov 17, 1989

On passage Passed without objection.

Nov 17, 1989

Motion to reconsider laid on the table Agreed to without objection.

Nov 17, 1989

Message on House action received in Senate and held at desk: House amendments to Senate bill.

Nov 16, 1989

Received in the House.

Nov 16, 1989

Held at the desk.

Nov 16, 1989

Message on Senate action sent to the House.

Nov 15, 1989

Considered by Senate.

Nov 15, 1989

Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

Nov 15, 1989

Passed Senate with amendments by Voice Vote.

Oct 5, 1989

Committee on Environment and Public Works. Reported to Senate by Senator Burdick with amendments. With written report No. 101-161.

Oct 5, 1989

Committee on Environment and Public Works. Reported to Senate by Senator Burdick with amendments. With written report No. 101-161.

Oct 5, 1989

Placed on Senate Legislative Calendar under General Orders. Calendar No. 289.

Jul 20, 1989

Committee on Environment and Public Works. Ordered to be reported with amendments favorably.

Jun 22, 1989

Subcommittee on Environmental Protection. Approved for full committee consideration with amendments favorably.

Jun 1, 1989

Subcommittee on Environmental Protection. Hearings held. Hearings printed: S.Hrg. 101-133.

Apr 17, 1989

Introduced in Senate

Apr 17, 1989

Read twice and referred to the Committee on Environment and Public Works.

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