North American Wetlands Conservation Act
PL 101-233 (S.804), enacted 12/13/1989

103 STAT. 1968 
PUBLIC LAW 101-233—DEC. 13, 1989 
Public Law 101-233 
101st Congress 
An Act 
Dec. 13, 1989 
To conserve North American wetland ecosystems and waterfowl and the other 
[S. 804] 
migratory birds and fish and wildlife that depend upon such habitats. 
North American 
Be it enacted by the Senate and House of Representatives of the 
Wetlands 
United States of America in Congress assembled, 
Conservation 
' 
° 
Act. 
SECTION 1. SHORT TITLE. 
protection. 
This Act may be cited as the "North American Wetlands Con-
Public lands. 
servation Act". 
Canada. 
Mexico. 
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE. 
note. 
(^) FINDINGS.—The Congress finds and declares that— 
16 use 4401. 
(1) the maintenance of healthy populations of migratory birds 
in North America is dependent on the protection, restoration, 
and management of wetland ecosystems and other habitats in 
Canada, as well as in the United States and Mexico; 
(2) wetland ecosystems provide essential and significant habi-
tat for fish, shellfish, and other wildlife of commercial, rec-
reational, scientific, and aesthetic values; 
(3) almost 85 per centum of all rare, threatened, and endan-
gered 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, filter-
ing 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 degrada-
tion 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, winter-
ing, or migration and are needed to achieve and to maintain 
optimum population levels, distributions, and patterns of 
migration; 
(10) the 1988 amendments to the Fish and Wildlife Conserva-
tion 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 Endan-
gered Species Act 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 1986 Migratory 
PUBLIC LAW 101-233—DEC. 13,1989 
103 STAT. 1969 
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, 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 £k;ological Conservation of Natural Re-
sources of Mexico, the Director of the Canadian Wildlife Serv-
ice, £ind 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 govern-
ments, 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 partner-
ship among public agencies and other interests— 
(1) to protect, enhance, restore, and manage an appropriate 
distribution and diversity of wetland ecosystems and other habi-
tats for migratory birds and other fish and wildlife in North 
America; 
(2) to maintain current or improved distributions of migratory 
bird populations; emd 
(3) to sustain an abundance of waterfowl and other migratory 
birds consistent with the goals of the North American Water-
fowl Management Plan and the international obligations con-
tained in the migratory bird treaties and conventions and other 
agreements with Canada, Mexico, and other countries. 
SEC. 3. DEFINITIONS. 
16 USC 4402. 
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 CJommittee on Merchant Marine and Fisheries of the 
United States 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 Migra-
tory 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 
103 STAT. 1970 
PUBLIC LAW 101-233—DEC. 13, 1989 
ducks, geese, and swans of the family Anatidae, species listed as 
threatened or endangered under the Endangered Species Act 
(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. 
(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, 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 migra-
tory birds and other fish and wildlife dependent thereon; 
(B) the restoration, management, or enhancement of wet-
land ecosystems and other habitat for migratory birds and 
other fish and wildlife species if such restoration, manage-
ment, 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 
necessary for the conservation and management of wetlands 
and studies on the sustainable use of wetland resources. 
16 use 4403. 
SEC. 4. ESTABLISHMENT OF NORTH AMERICAN WETLANDS CONSERVA-
TION 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; 
(B) one shall be the Secretary of the Board of the National 
Fish and Wildlife Foundation appointed pursuant to section 
3(2)(B) of the National Fish and Wildlife Foundation Establish-
ment 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. 
(2) The Secretary shall appoint an alternate member of the Coun-
cil who shall be knowledgeable and experienced in matters relating 
PUBLIC LAW 101-233—DEC. 13, 1989 
103 STAT. 1971 
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 para-
graphs (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 
Commission representatives o
f
— 
(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 appro-
priate Federal agencies, in addition to the United States Fish 
and Wildlife Service, which are participating actively in carry-
ing 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 Coun-
cil 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. 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— 
103 STAT. 1972 
PUBLIC LAW 101-233—DEC. 13, 1989 
(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. 
16 u s e 4404. 
SEC. 5. APPROVAL OF WETLANDS CONSERVATION PROJECTS. 
(a) CONSIDERATION BY THE COUNCIL.—The Council shall rec-
ommend wetlands conservation projects to the Migratory Bird Con-
servation 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 Conserva-
tion Plan developed under section 301 of the Emergency Wet-
lands 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 (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 Con-
servation Commission by January 1 of 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. 
(c) COUNCIL PROCEDURES.—The Council shall establish practices 
and procedures for the carrying out of its functions under subsec-
tions (a) and (b) of this section. The procedures shall include require-
ments 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. 
PUBLIC LAW 101-233—DEC. 13, 1989 
103 STAT. 1973 
(d) COUNCIL REPRESENTATION ON MIGRATORY BIRD CONSERVATION 
COMMISSION.—The Chairman of the Council shall select one Council 
member of the United States citizenship to serve with the Chairman 
as ex officio members of the Migratory Bird Conservation Commis-
sion 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 Conservation 
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 rec-
ommended by the Council, the Migratory Bird Conservation 
Commission shall provide the Council and the appropriate Commit-
tees with a written statement explaining its rationale for the rejec-
tion or the priority modification. 
(f) NOTIFICATION OF APPROPRIATE COMMITTEES.—The Migratory Reports. 
Bird Conservation Commission shall submit annually to the appro-
priate 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 (d) 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 fund-
ing; 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. 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 con-
tributions 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 Con-
servation Commission, grant or otherwise provide the Federal funds 
made available under this Act and section 3(b) of the Act of Septem-
National 
Wildlife Refuge 
System. 
16 u s e 4405. 
Real property. 
103 STAT. 1974 
PUBLIC LAW 101-233—DEC. 13, 1989 
ber 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 
Contracts. 
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 man£ige 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. 
Grants. 
(b) PROJECTS IN CANADA O
R MEXICO.—Subject to the allocation 
requirements of section 8(a)(1) and the limitations on Federal con-
tributions 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: Pro-
vided, That the grant recipient shall have been so identified in the 
project description accompanying the recommendation from the 
Council and approved by the Migratory Bird Conservation Commis-
sion. 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. 
16 u s e 4406. 
SEC. 7. AMOUNTS AVAILABLE TO CARRY OUT THIS ACT. 
(a) AID IN WILDLIFE RESTORATION.—(1) Section 3 of the Act of 
September 2,1937 (16 U.S.C. 669b), is amended— 
(A) by inserting "(a)" before "An amount" in the first sen-
tence thereof; and 
(B) by adding at the end thereof the following: 
Securities. 
"(b)(1) The Secretary of the Treasury shall invest in interest-
bearing obligations of the United States such portion of the fund as 
is not, in his judgment, required for meeting a current year's 
withdrawals. For purposes of such investment, the Secretary of the 
Treasury may— 
PUBLIC LAW 101-233—DEC. 13, 1989 
103 STAT. 1975 
"(A) acquire obligations at the issue price and purchase 
outstanding obligations at the market price; and 
"(B) sell obligations held in the fund at the market price. 
"(2) The interest on obligations held in the fund— 
"(A) shall be credited to the fund; 
"(B) constitute the sums available for allocation by the Sec-
retary under section 8 of the North American Wetlands Con-
servation Act; and 
"(C) shall become available for apportionment under this Act 
at the beginning of fiscal year 2006.', 
(2) Section 4(a) of the Act of September 2, 1937 (16 U.S.C. 669c(a)), 
is amended by inserting "(excluding interest accruing under section 
3(b))" after "revenues" in the first sentence thereof. 
(3) The amendments made by this subsection of this Act take 
Effective date, 
effect October 1,1989. 
16 USC 669b 
(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 au-
thorized 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 $15,000,000 for each of fiscal years 1991, 1992,1993, and 1994. 
(d) AVAILABILITY OF FUNDS.—Sums made available under this 
section shall be available until expended. 
SEC. 8. ALLOCATION OF AMOUNTS AVAILABLE TO CARRY OUT THIS ACT. 16 USC 4407. 
(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 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 subsec-
tion (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 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 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 sec-
tion, shall be allocated by the Secretary to carry out approved 
wetlands conservation projects in the United States in accord-
ance with section 6(a) of this Act. 
(b) FEDERAL CONTRIBUTION FOR PROJECTS.—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 
103 STAT. 1976 
PUBLIC LAW 101-233—DEC. 13, 1989 
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. 
(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. 
Contracts. 
(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. 
16 use 4408. 
SEC. 9. RESTORATION, MANAGEMENT, AND PROTECTION OF WETLANDS 
AND HABITAT FOR MIGRATORY BIRDS ON FEDERAL LANDS. 
The head of each Federal agency responsible for acquiring, man-
aging, 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 Wildliife 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. 
16 use 4409. 
SEC. 10. 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 habi-
tat 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; and 
(C) the status of efforts to establish agreements with 
nations in the western hemisphere pursuant to section 17 of 
this Act. 
(2) an annual assessment of the status of wetlands conserva-
tion projects, including an accounting of expenditures by Fed-
eral, State, and other United States entities, and expenditures 
by Canadian and Mexican sources to carry out these projects. 
16 u s e 4410. 
SEC. 11. REVISIONS TO THE PLAN. 
The Secretary shall, in 1991 and at five-year intervals thereafter, 
undertake with the appropriate officials in Canada 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. The Secretary shall invite and encourage the appro-
priate officials in Mexico to participate in any revisions of the Plan. 
PUBLIC LAW 101-233—DEC. 13, 1989 
103 STAT. 1977 
SEC. 12. RELATIONSHIP TO OTHER AUTHORITIES. 
(a) ACQUISITION OF LANDS AND WATERS.—Nothing in this Act 
affects, alters, or modifies the Secretary's authorities, responsibil-
ities, 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 CON-
SERVATION COMMISSION. 
Section 2 of the Migratory Bird Conservation Act (16 U.S.C. 715a) 
is amended by striking "the Secretary of Transportation," and 
inserting in lieu thereof "the Administrator of the Environmental 
Protection Agency,". 
SEC. 14. LIMITATION ON ASSESSMENTS AGAINST MIGRATORY BIRD CON-
SERVATION FUND. 
Notwithstanding any other provision of law, only those personnel 
and administrative costs directly related to acquisition of real prop-
erty shall be levied against the Migratory Bird Conservation 
Account. 
SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS TO THE MIGRA-
TORY BIRD TREATY ACT. 
Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is 
amended— 
(1) by striking "and" after "1936,"; and 
(2) by inserting after "1972" the following: "and the conven-
tion between the United States and the Union of Soviet Socialist 
Republics for the conservation of migratory birds and their 
environments concluded November 19, 1976". 
SEC. 16. OTHER AGREEMENTS. 
(a) 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 Conserva-
tion Act of 1980 (16 U.S.C. 2912(a)). When any such agreements are 
reached, the Secretary shall make recommendations to the appro-
priate Committees on legislation necessary to implement the 
agreements. 
(b) Section 13(a) of the Fish and Wildlife Conservation Act (16 
U.S.C. 2912(a)) is amended by striking "and" after "U.S.C. 1531 to 
1543);" and striking "necessary." and inserting "necessary; and" 
and adding at the end the following: 
"(5) identify lands and waters in the United States and other 
nations in the Western Hemisphere whose protection, manage-
ment, or acquisition will foster the conservation of species, 
subspecies, and populations of migratory nongame birds, includ-
ing those identified in paragraph (3).". 
16 use 4411. 
16 use 4412. 
16 use 4412. 
Union of Soviet 
Socicdist 
Republics. 
International 
agreements. 
16 use 4413. 
103 STAT. 1978 
PUBLIC LAW 101-233—DEC. 13, 1989 
SEC. 17. t o EXPAND THE BOGUE CHITTO NATIONAL WILDLIFE REFUGE. 
The Act entitled "An Act to establish the Bogue Chitto National 
16 use 668dd 
Wildlife Refuge" (Public Law 96-288; 94 Stat. 603), as amended, is 
"o**- 
further amended by— 
(1) striking the period at the end of subsection 8(b) and 
inserting in lieu thereof: ", and within an area of approximately 
10,000 acres as depicted upon a map entitled "Bogue Chitto 
NWR Expansion", dated September, 1989 and on file with the 
United States Fish and Wildlife Service."; and 
(2) by deleting "$10,000,000" in subsection 5(a) and inserting 
in lieu thereof "such sums as may be necessary". 
SEC. 18. WETLANDS ASSESSMENTS. 
(a) Section 401(a) of the Emergency Wetlands Resources Act of 
1986 (16 U.S.C. 3931(a)) is amended by adding the following new 
paragraph: 
Reports. 
"(5) produce, by April 30, 1990, a report that provides— 
"(A) an Eissessment of the estimated total number of acres 
of wetland habitat as of the 1780's in the areas that now 
comprise each State; and 
"(B) an assessment of the estimated total number of acres 
of wetlands in each State as of the 1980's, and the percent-
age of loss of wetlands in each State between the 1780's and 
the 1980's.". 
(b) Section 401 of the Emergency Wetlands Resources Act of 1986 
(16 U.S.C. 3931) is amended by deleting "and" at the end of para-
graph (3) and inserting "and" at the end of paragraph (4). 
Approved December 13, 1989. 
LEGISLATIVE HISTORY—S. 804 (H.R. 2587): 
HOUSE REPORTS: No. 101-269 accompanying H.R. 2587 (Comm. on Merchant 
Marine and Fisheries). 
SENATE REPORTS: No. 101-161 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Oct. 10, H.R. 2587 considered and passed House. 
Nov. 15, S. 804 considered and passed Senate. 
Nov. 17, considered smd passed House, amended. 
Nov. 19, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Dec. 13, Presidential remarks and statement.