[107th Congress Public Law 308]
[From the U.S. Government Printing Office]
[DOCID: f:publ308.107]
[[Page 2445]]
NORTH AMERICAN WETLANDS CONSERVATION REAUTHORIZATION ACT
[[Page 116 STAT. 2446]]
Public Law 107-308
107th Congress
An Act
To reauthorize the North American Wetlands Conservation Act, and for
other
purposes. <<NOTE: Dec. 2, 2002 - [H.R. 3908]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: North American Wetlands Conservation
Reauthorization Act. 16 USC 4401 note.>> Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Wetlands Conservation
Reauthorization Act''.
SEC. 2. AMENDMENT OF NORTH AMERICAN WETLANDS CONSERVATION ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the North American Wetlands
Conservation Act (16 U.S.C. 4401 et seq.).
SEC. 3. FINDINGS AND STATEMENT OF PURPOSE.
(a) Finding.--Section 2(a)(1) (16 U.S.C. 4401(a)(1)) is amended by
striking ``and other habitats'' and inserting ``and associated
habitats''.
(b) Purposes.--Section 2(b) (16 U.S.C. 4401(b)) is amended--
(1) in paragraph (1) by striking ``and other habitats for
migratory birds'' and inserting ``and habitats associated with
wetland ecosystems'';
(2) in paragraph (2) by inserting ``wetland associated''
before ``migratory bird''; and
(3) in paragraph (3)--
(A) by inserting ``wetland associated'' before
``migratory birds''; and
(B) by inserting ``, the United States Shorebird
Conservation Plan, the North American Waterbird
Conservation Plan, the Partners In Flight Conservation
Plans,'' after ``North American Waterfowl Management
Plan''.
SEC. 4. DEFINITION OF WETLANDS CONSERVATION PROJECT.
Section 3(9) (16 U.S.C. 4402(9)) is amended--
(1) in subparagraph (A) by inserting ``of a wetland
ecosystem and associated habitat'' after ``including water
rights,''; and
(2) in subparagraph (B) by striking ``and other habitat''
and inserting ``and associated habitat''.
[[Page 116 STAT. 2447]]
SEC. 5. REAUTHORIZATION.
Section 7(c) (16 U.S.C. 4406(c)) is amended by striking ``not to
exceed'' and all that follows and inserting ``not to exceed--
``(1) $55,000,000 for fiscal year 2003;
``(2) $60,000,000 for fiscal year 2004;
``(3) $65,000,000 for fiscal year 2005;
``(4) $70,000,000 for fiscal year 2006; and
``(5) $75,000,000 for fiscal year 2007.''.
SEC. 6. ALLOCATION.
Section 8(a) (16 U.S.C. 4407(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``(but at least 50 per centum and
not more than 70 per centum thereof)'' and inserting
``(but at least 30 percent and not more than 60
percent)''; and
(B) by striking ``4 per centum'' and inserting ``4
percent''; and
(2) in paragraph (2) by striking ``(but at least 30 per
centum and not more than 50 per centum thereof)'' and inserting
``(but at least 40 percent and not more than 70 percent)''.
SEC. 7. CLARIFICATION OF NON-FEDERAL SHARE OF THE COST OF APPROVED
WETLANDS CONSERVATION PROJECTS.
Section 8(b) (16 U.S.C. 4407(b)) is amended by striking so much as
precedes the second sentence and inserting the following:
``(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)''.
SEC. 8. TECHNICAL CORRECTIONS.
(a) The North American Wetlands Conservation Act is amended as
follows:
(1) In section 2(a)(10) (16 U.S.C. 4401(a)(10)), by
inserting ``of 1973'' after ``Species Act''.
(2) In section 2(a)(12) (16 U.S.C. 4401(a)(12)), by
inserting ``and in 1994 by the Secretary of Sedesol for Mexico''
after ``United States''.
(3) In section 3(2) (16 U.S.C. 4402(2)), by striking
``Committee on Merchant Marine and Fisheries of the United
States House of Representatives'' and inserting ``Committee on
Resources of the House of Representatives''.
(4) In section 3(5) (16 U.S.C. 4402(5)), by inserting ``of
1973'' after ``Species Act''.
(5) In section 3(6) (16 U.S.C. 4402(6)), by inserting after
``1986'' the following: ``, and by the Secretary of Sedesol for
Mexico in 1994, and subsequent dates''.
(6) In section 4(a)(1)(B) (16 U.S.C. 4403(a)(1)(B)), by
striking ``section 3(2)(B)'' and inserting ``section
3(g)(2)(B)''.
[[Page 116 STAT. 2448]]
(7) In section 4(c) (16 U.S.C. 4403(c)), in the matter
preceding paragraph (1), by striking ``Commission'' and
inserting ``Council''.
(8) In section 5(a)(5) (16 U.S.C. 4404(a)(5)), by inserting
``of 1973'' after ``Species Act''.
(9) In section 5(b) (16 U.S.C. 4404(b)), by striking ``by
January 1 of each year,'' and inserting ``each year''.
(10) In section 5(d) (16 U.S.C. 4404(d)), by striking ``one
Council member'' and inserting ``2 Council members''.
(11) In section 5(f) (16 U.S.C. 4404(f)), by striking
``subsection (d)'' and inserting ``subsection (e)''.
(12) In section 10(1)(C) (16 U.S.C. 4409(1)(C)), by striking
``western hemisphere pursuant to section 17 of this Act'' and
inserting ``Western Hemisphere pursuant to section 16''.
(13) In section 10(1)(D) (16 U.S.C. 4409(1)(D)), by striking
the period and inserting ``; and''.
(14) In section 16(a) (16 U.S.C. 4413), by striking
``western hemisphere'' and inserting ``Western Hemisphere''.
(b)(1) Section 112(1) of Public Law 101-593 <<NOTE: 16 USC 4403.>>
(104 Stat. 2962) is amended by striking ``and before the period''.
(2) <<NOTE: Effective date. 16 USC 4403 note.>> Paragraph (1) of
this subsection shall be effective on and after the effective date of
section 112(1) of Public Law 101-593 (104 Stat. 2962).
SEC. 9. CHESAPEAKE BAY INITIATIVE.
Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (16
U.S.C. 461 note; Public Law 105-312) is amended by striking ``2003'' and
inserting ``2008''.
Approved December 2, 2002.
LEGISLATIVE HISTORY--H.R. 3908:
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HOUSE REPORTS: No. 107-421 (Comm. on Resources).
SENATE REPORTS: No. 107-304 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 148 (2002):
May 7, considered and passed House.
Nov. 14, considered and passed Senate, amended. House
concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Dec. 2, Presidential remarks.
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