North American Wetlands Conservation Reauthorization Act
PL 107-308 (H.R.3908), enacted 12/02/2002

116 STAT. 2446 
PUBLIC LAW 107-308—DEC. 2, 2002 
Public Law 107-308 
107th Congress 
Dec. 2, 2002 
[H.R. 3908] 
North American 
Wetlands 
Conservation 
Reauthorization 
Act 
16 u s e 4401 
iu>te. 
An Act 
To reauthorize the North American Wetlands Conservation Act, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "North American Wetlands Con-
servation Reauthorization Act". 
SEC. 2. AMENDMENT OF NORTH AMERICAN WETLANDS CONSERVA-
TION 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 habi-
tats". 
(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 Con-
servation Plan, the North American Waterbird Conserva-
tion 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 eco-
system and associated habitat" after "including water rights,"; 
and 
(2) in subparagraph (B) by striking "and other habitat" 
and inserting "and associated habitat". 
PUBLIC LAW 107-308—DEC. 2, 2002 
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 per-
cent"; 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 "Com-
mittee 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(gX2)(B)". 
116 STAT. 2448 
PUBLIC LAW 107-308—DEC. 2, 2002 
(7) In section 4(c) (16 U.S.C. 4403(c)), in the matter pre-
ceding 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 "sub-
section (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". 
16 use 4403. 
(b)(1) Section 112(1) of Public Law 101-593 (104 Stat. 2962) 
is amended by striking "and before the period". 
Efifective date. 
(2) Paragraph (1) of this subsection shall be effective on and 
16 use 4403 
after the effective date of section 112(1) of Pubhc 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: 
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.