NORTH AMERICAN WETLANDS CONSERVATION ACT
Public Law 101–233, as amended
103 Stat. 1968, as amended
NORTH AMERICAN WETLANDS CONSERVATION ACT
233
118–198
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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North American Wetlands Conservation Act
3012
101
1989-12-13
NORTH AMERICAN WETLANDS CONSERVATION ACT
[Public Law 101–233, Approved Dec. 13, 1989, 103 Stat. 1968]
[As Amended Through P.L. 118–198, Enacted December 23, 2024]
[Currency: This publication is a compilation of the text of Public Law 101–233. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To conserve North American wetland ecosystems and waterfowl and the other migratory birds and fish and wildlife that depend upon such habitats.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.
[16 U.S.C. 4401 note]

SHORT TITLE.
This Act may be cited as the “North American Wetlands Conservation Act”.
SEC. 2.
[16 U.S.C. 4401]

FINDINGS AND STATEMENT OF PURPOSE.
(a)

Findings.—
The Congress finds and declares that—
(1)
the maintenance of healthy populations of migratory birds in North America is dependent on the protection, restoration, and management of wetland ecosystems and associated habitats in Canada, as well as in the United States and Mexico;
(2)
wetland ecosystems provide essential and significant habitat for fish, shellfish, and other wildlife of commercial, recreational, scientific, and aesthetic values;
(3)
almost 35 per centum of all rare, threatened, and endangered species of animals are dependent on wetland ecosystems;
(4)
wetland ecosystems provide substantial flood and storm control values and can obviate the need for expensive manmade control measures;
(5)
wetland ecosystems make a significant contribution to water availability and quality, recharging ground water, filtering surface runoff, and providing waste treatment;
(6)
wetland ecosystems provide aquatic areas important for recreational and aesthetic purposes;
(7)
more than 50 per centum of the original wetlands in the United States alone have been lost;
(8)
wetlands destruction, loss of nesting cover, and degradation of migration and wintering habitat have contributed to long-term downward trends in populations of migratory bird species such as pintails, American bitterns, and black ducks;
(9)
the migratory bird treaty obligations of the United States with Canada, Mexico, and other countries require protection of wetlands that are used by migratory birds for breeding, wintering, or migration and are needed to achieve and to maintain optimun population levels, distributions, and patterns of migration;
(10)
the 1988 amendments to the Fish and Wildlife Conservation Act of 1980 require the Secretary of the Interior to identify conservation measures to assure that nongame migratory bird species do not reach the point at which measures of the Endangered Species Act of 1973 are necessary;
(11)
protection of migratory birds and their habitats requires long-term planning and the close cooperation and coordination of management activities by Canada, Mexico, and the United States within the framework of the 1916 and 1936 Migratory Bird Conventions and the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(12)
the North American Waterfowl Management Plan, signed in 1986 by the Minister of Environment for Canada and the Secretary of the Interior for the United States and in 1994 by the Secretary of Sedesol for Mexico, provides a framework for maintaining and restoring an adequate habitat base to ensure perpetuation of populations of North American waterfowl and other migratory bird species;
(13)
a tripartite agreement signed in March 1988, by the Director General for Ecological Conservation of Natural Resources of Mexico, the Director of the Canadian Wildlife Service, and the Director of the United States Fish and Wildlife Service, provides for expanded cooperative efforts in Mexico to conserve wetlands for migratory birds that spend the winter there;
(14)
the long-term conservation of migratory birds and habitat for these species will require the coordinated action of governments, private organizations, landowners, and other citizens; and
(15)
the treaty obligations of the United States under the Convention on Wetlands of International Importance especially as waterfowl habitat requires promotion of conservation and wise use of wetlands.
(b)

Purpose.—
The purposes of this Act are to encourage partnership among public agencies and other interests—
(1)
to protect, enhance, restore, and manage an appropriate distribution and diversity of wetland ecosystems and habitats associated with wetland ecosystems and other fish and wildlife in North America;
(2)
to maintain current or improved distributions of wetland associated migratory bird populations; and
(3)
to sustain an abundance of waterfowl and other wetland associated migratory birds consistent with the goals of the North American Waterfowl Management Plan, the United States Shorebird Conservation Plan, the North American Waterbird Conservation Plan, the Partners In Flight Conservation Plans, and the international obligations contained in the migratory bird treaties and conventions and other agreements with Canada, Mexico, and other countries.
SEC. 3.
[16 U.S.C. 4402]

DEFINITIONS.
For the purposes of this Act:
(1)
The term “Agreement” means the Tripartite Agreement signed in March 1988, by the Director General for Ecological Conservation of Natural Resources of Mexico, the Director of the Canadian Wildlife Service, and the Director of the United States Fish and Wildlife Service.
(2)
The term “appropriate Committees” means the Committee on Environment and Public Works of the United States Senate and the Committee on Resources of the House of Representatives.
(3)
The term “flyway” means the four administrative units used by the United States Fish and Wildlife Service and the States in the management of waterfowl populations.
(4)
The term “Migratory Bird Conservation Commission” means that commission established by section 2 of the Migratory Bird Conservation Act (16 U.S.C. 715a).
(5)
The term “migratory birds” means all wild birds native to North America that are in an unconfined state and that are protected under the Migratory Bird Treaty Act, including ducks, geese, and swans of the family Anatidae, species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and species defined as nongame under the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2901–2912).
(6)
The term “Plan” means the North American Waterfowl Management Plan signed by the Minister of the Environment for Canada and the Secretary of the Interior for the United States in May 1986, and by the Secretary of Sedesol for Mexico in 1994, and subsequent dates.
(7)
The term “Secretary” means the Secretary of the Interior.
(8)
The term “State” means the State fish and wildlife agency, which shall be construed to mean any department, or any division of any department of another name, of a State that is empowered under its laws to exercise the functions ordinarily exercised by a State fish and wildlife agency.
(9)
The term “wetlands conservation project” means—
(A)
the obtaining of a real property interest in lands or waters, including water rights, of a wetland ecosystem and associated habitat if the obtaining of such interest is subject to terms and conditions that will ensure that the real property will be administered for the long-term conservation of such lands and waters and the migratory birds and other fish and wildlife dependent thereon;
(B)
the restoration, management, or enhancement of wetland ecosystems and associated habitat for migratory birds and other fish and wildlife species if such restoration, management, or enhancement is conducted on lands and waters that are administered for the long-term conservation of such lands and waters and the migratory birds and other fish and wildlife dependent thereon; and
(C)
in the case of projects undertaken in Mexico, includes technical training and development of infrastructure neessary for the conservation and management of wetlands and studies on the sustainable use of wetland resources.
SEC. 4.
[16 U.S.C. 4403]

ESTABLISHMENT OF NORTH AMERICAN WETLANDS CONSERVATION COUNCIL.
(a)

Council Membership.—
(1)
There shall be established a North American Wetlands Conservation Council (hereinafter in this Act referred to as the “Council”) which shall consist of nine members who may not receive compensation as members of the Council. Of the Council members—
(A)
one shall be the Director of the United States Fish and Wildlife Service, who shall be the responsible Federal official for ensuring Council compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)1;
^1
The amendment made by section 112(1) of Public Law 101–593 (104 Stat. 2962) to insert “, who shall be the responsible Federal official for ensuring Council compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)” after “Service” and before the period was inserted after “Service” and before the semicolon to reflect the probable intent of Congress.
(B)
one shall be the Executive Director of the Board of the National Fish and Wildlife Foundation appointed pursuant to section 3(g)(2)(B) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702);
(C)
four shall be individuals who shall be appointed by the Secretary, who shall reside in different flyways and who shall each be a Director of the State fish and wildlife agency; and
(D)
three shall be individuals who shall be appointed by the Secretary and who shall each represent a different charitable and nonprofit organization which is actively participating in carrying out wetlands conservation projects under this Act, the Plan, or the Agreement.
The provisions of chapter 10 of title 5, United States Code, shall not apply to the Council.
(2)
The Secretary shall appoint an alternate member of the Council who shall be knowledgeable and experienced in matters relating to fish, wildlife, and wetlands conservation and who shall perform the duties of a Council member appointed under subsection (a)(1)(C) or subsection (a)(1)(D) of this section—
(A)
until a vacancy referred to in subsection (b)(4) of this section is filled; or
(B)
in the event of the anticipated absence of such a member from any meeting of the Council.
(b)

Appointment and Terms.—
(1)
Except as provided in paragraphs (2) and (3), the term of office of a member of the Council appointed under subsections (a)(1)(C) and (a)(1)(D) of this section is three years.
(2)
Of the Council members first appointed under subsection (a)(1)(C) of this section after the date of enactment of this Act, one shall be appointed for a term of one year, one shall be appointed for a term of two years, and two shall be appointed for a term of three years.
(3)
Of the Council members first appointed under subsection (a)(1)(D) of this section after the date of enactment of this Act, one shall be appointed for a term of one year, one shall be appointed for a term of two years, and one shall be appointed for a term of three years.
(4)
Whenever a vacancy occurs among members of the Council appointed under subsection (a)(1)(C) or subsection (a)(1)(D) of this section, the Secretary shall appoint an individual in accordance with either such subsection to fill that vacancy for the remainder of the applicable term.
(c)

Ex Officio Council Members.—
The Secretary is authorized and encouraged to include as ex officio nonvoting members of the Council representatives of—
(1)
the Federal, provincial, territorial, or State government agencies of Canada and Mexico, which are participating actively in carrying out one or more wetlands conservation projects under this Act, the Plan, or the Agreement;
(2)
the Environmental Protection Agency and other appropriate Federal agencies, in addition to the United States Fish and Wildlife Service, which are participating actively in carrying out one or more wetlands conservation projects under this Act, the Plan, or the Agreement; and
(3)
nonprofit charitable organizations and Native American interests, including tribal organizations, which are participating actively in one or more wetlands conservation projects under this Act, the Plan, or the Agreement.
(d)

Chairman.—
The Chairman shall be elected by the Council from its members for a three-year term, except that the first elected Chairman may serve a term of less than three years.
(e)

Quorum.—
A majority of the current membership of the Council shall constitute a quorum for the transaction of business.
(f)

Meetings.—
The Council shall meet at the call of the Chairman at least once a year. Council meetings shall be open to the public, and the Chairman shall take appropriate steps to provide adequate notice to the public of the time and place of such meetings. If a Council member appointed under subsection (a)(1)(C) or (a)(1)(D) of this section misses three consecutive regularly scheduled meetings, the Secretary may remove that individual in accordance with subsection (b)(4).
(g)

Coordinator.—
The Director of the United States Fish and Wildlife Service shall appoint an individual who shall serve at the pleasure of the Director and—
(1)
who shall be educated and experienced in the principles of fish, wildlife, and wetlands conservation;
(2)
who shall be responsible, with assistance from the United States Fish and Wildlife Service, for facilitating consideration of wetlands conservation projects by the Council and otherwise assisting the Council in carrying out its responsibilities under this Act; and
(3)
who shall be compensated with the funds available under section 8(a)(1) for administering this Act.
SEC. 5.
[16 U.S.C. 4404]

APPROVAL OF WETLANDS CONSERVATION PROJECTS.
(a)

Consideration by the 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 Act, 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 8(b) of this Act;
(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 301 of the Emergency Wetlands Resources Act (16 U.S.C. 3921);
(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 of 1973 (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 Act, the Plan, or the Agreement.
(b)

Recommendations to the Migratory Bird Conservation Commission.—
The Council shall submit to the Migratory Bird Conservation Commission 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 Act and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act. 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 6(a) of this Act 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 2 Council members of the 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.
(e)

Approval of Council Recommendations by the Migratory Bird Conservation Commission.—
The Migratory Bird Convention 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 Act and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act. 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.
(f)

Notification of Appropriate Committees.—
The Migratory Bird Conservation Commission shall submit annually to the appropriate Committees a report including a list and description of the wetlands conservation projects approved by the Migratory Bird Conservation Commission for Federal funding under subsection (e) of this section 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 section 5(a) of this Act.
SEC. 6.
[16 U.S.C. 4405]

CONDITIONS RELATING TO WETLANDS CONSERVATION PROJECTS.
(a)

Projects in the United States.—
(1)
Subject to the allocation requirements of section 8(a)(2) and the limitations on Federal contributions under section 8(b) of this Act, 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 Act and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act.
(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 Act and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act, 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 Act, the Secretary may, with the concurrence of the Migratory Bird Conservation Commission, grant or otherwise provide the Federal funds made available under this Act and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act 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 Act, 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 Act. 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 8(a)(1) and the limitations on Federal contributions under section 8(b) of this Act, the Secretary shall grant or otherwise provide the Federal funds made available under this Act and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act, 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 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.
SEC. 7.
[16 U.S.C. 4406]

AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.
(a)

Aid in Wildlife Restoration.—
(1)
[Amends section 3 of the Act of September 2, 1937]
(2)
[Amends section 4(a) of the Act of September 2, 1937]
(3)
The amendments made by this subsection of this Act take effect October 1, 1989.
(b)

Migratory Bird Fines, Penalties, Forfeitures.—
The sums received under section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) as penalties or fines, or from forfeitures of property are authorized to be appropriated to the Department of the Interior for purposes of allocation under section 8 of this Act. This subsection shall not be construed to require the sale of instrumentalities.
(c)

Authorization of Appropriations.—
In addition to the amounts made available under subsections (a) and (b) of this section, there are authorized to be appropriated to the Department of the Interior for purposes of allocation under section 8 of this Act not to exceed $60,000,000 for each of fiscal years 2021 through 2030.
(d)

Availability of Funds.—
Sums made available under this section shall be available until expended.
SEC. 8.
[16 U.S.C. 4407]

ALLOCATION OF AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.
(a)

Allocations.—
Of the sums available to the Secretary for any fiscal year under this Act and section 3(b) of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b(b)), as amended by this Act—
(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 Act 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 6(b) of this Act; 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 6(a) of this Act.
(b)

Cost Sharing.—
(1)
Except as provided in paragraph (2), as a condition of providing assistance under this Act 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) that is used for the project.
(2)
Federal moneys allocated under subsection (a) 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 Canada or Mexico, the non-Federal share of the costs of the project may include cash contributions from non-United States sources that are used to pay costs of the project. In the case of a project carried out in Canada, funds from Canadian sources may comprise up to 50 percent of the non-Federal share of the 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 Act.
SEC. 9.
[16 U.S.C. 4408]

RESTORATION, MANAGEMENT, AND PROTECTION OF WETLANDS AND HABITAT FOR MIGRATORY BIRDS ON FEDERAL LANDS.
The head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters shall, to the extent consistent with the mission of such agency and existing statutory authorities, cooperate with the Director of the United States Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds, fish, and wildlife within the lands and waters of each such agency.
SEC. 10.
[16 U.S.C. 4409]

REPORT TO CONGRESS.
The Secretary shall report to the appropriate Committees on the implementation of this Act. The report shall include—
(1)
a biennial assessment of—
(A)
the estimated number of acres of wetlands and habitat for waterfowl and other migratory birds that were restored, protected, or enhanced during such two-year period by Federal, State, and local agencies and other entities in the United States, Canada, and Mexico;
(B)
trends in the population size and distribution of North American migratory birds;
(C)
the status of efforts to establish agreements with nations in the Western Hemisphere pursuant to section 16; and
(D)
wetlands conservation projects funded under this Act, listed and identified by type, conservation mechanism (such as acquisition, easement, or lease), location, and duration; and
(2)
an annual assessment of the status of wetlands conservation projects, including an accounting of expenditures by Federal, State, and other United States entities, and expenditures by Canadian and Mexican sources to carry out these projects.
SEC. 11.
[16 U.S.C. 4410]

REVISIONS TO THE PLAN.
The Secretary shall, in 1998 and at five-year intervals thereafter, undertake with the appropriate officials in Canada and Mexico to revise the goals and other elements of the Plan in accordance with the information required under section 10 and with the other provisions of this Act.
SEC. 12.
[16 U.S.C. 4411]

RELATIONSHIP TO OTHER AUTHORITIES.
(a)

Acquisition of Lands and Waters.—
Nothing in this Act affects, alters, or modifies the Secretary's authorities, responsibilities, obligations, or powers to acquire lands or waters or interests therein under any other statute.
(b)

Mitigation.—
The Federal funds made available under this Act and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act, may not be used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) or the Water Resources Development Act of 1986, Public Law 99–662 (1986), 100 Stat. 4235.
SEC. 13.

ADDITION OF EPA ADMINISTRATOR TO MIGRATORY BIRD CONSERVATION COMMISSION.
[Amends section 2 of the Migratory Bird Conservation Act]
SEC. 14.
[16 U.S.C. 4412]

LIMITATION ON ASSESSMENTS AGAINST MIGRATORY BIRD CONSERVATION FUND.
Notwithstanding any other provision of law, only those personnel and administrative costs directly related to acquisition of real property shall be levied against the Migratory Bird Conservation Account.
SEC. 15.

TECHNICAL AND CONFORMING AMENDMENTS TO THE MIGRATORY BIRD TREATY ACT.
[Amends section 2 of the Migratory Bird Treaty Act]
SEC. 16.

OTHER AGREEMENTS.
(a)
[16 U.S.C. 4413]
The Secretary shall undertake with the appropriate officials of nations in the Western Hemisphere to establish agreements, modeled after the Plan or the Agreement, for the protection of migratory birds identified in section 13(a)(5) of the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2912(a)). When any such agreements are reached, the Secretary shall make recommendations to the appropriate Committees on legislation necessary to implement the agreements.
(b)
[Amends section 13(a) of the Fish and Wildlife Conservation Act]
SEC. 17.

TO EXPAND THE BOGUE CHITTO NATIONAL WILDLIFE REFUGE.
[Amends sections 3(b) and 5(a) of the Act entitled “An Act to establish the Bogue Chitto National Wildlife Refuge” (Public Law 96–288; 94 Stat. 603)]
SEC. 18.

WETLANDS ASSESSMENTS.
(a)
[Amends section 401(a) of the Emergency Wetlands Resources Act of 1986]
(b)
[Amends section 401 of the Emergency Wetlands Resources Act of 1986]
SEC. 19.
[16 U.S.C. 4414]

ASSESSMENT OF PROGRESS IN WETLANDS CONSERVATION.
Not later than January 31, 1996, the Secretary, in cooperation with the Council, to further the purposes of the Act shall—
(1)
develop and implement a strategy to assist in the implementation of this Act in conserving the full complement of North American wetlands systems and species dependent on those systems, that incorporates information existing on the date of the issuance of the strategy in final form on types of wetlands habitats and species dependent on the habitats; and
(2)
develop and implement procedures to monitor and evaluate the effectiveness of wetlands conservation projects completed under this Act.