§ 4403. Establishment of North American Wetlands Conservation Council

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1989

   North American Wetlands Conservation Act

   Pub. L. 101–233 § 4 · 103 Stat. 1968

   Enacted · 16 U.S.C. § 4403

   Pub. L. 101–233, § 4, Dec. 13, 1989, 103 Stat. 1970

   Source evidence

   Code source credit
   Pub. L. 101–233, § 4, Dec. 13, 1989, 103 Stat. 1970

   Enacted provision · exact public law section
   SEC. 4. 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; (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 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. (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)d)(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 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. 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.

2. 1990

   Pub. L. 101–593 § 112(2) · 104 Stat. 2954

   Inserted · 16 U.S.C. § 4403(a)(1)

   Pub. L. 101–593, § 112(2), inserted sentence at end relating to Public Law 92–463

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 101–593, § 112(2), inserted sentence at end relating to Public Law 92–463.

   Enacted provision · exact public law section
   (2) in section 4(a)(1) by adding at the end thereof the following sentence: “The provisions of Public Law 92–463, as amended, shall not apply to the Council.”;

   Effective date note
   Pub. L. 107–308, § 8(b)(2), Dec. 2, 2002, 116 Stat. 2448, provided that: “Paragraph (1) of this subsection [amending this section] shall be effective on and after the effective date of section 112(1) of Public Law 101–593 (104 Stat. 2962) [Nov. 16, 1990].”

3. 1990

   Pub. L. 101–593 § 112(1) · 104 Stat. 2954

   1. Amended · 16 U.S.C. § 4403(a)(1)(A)

      Pub. L. 101–593, § 112(1), as amended by Pub. L. 107–308, § 8(b)(1)

   2. Inserted · 16 U.S.C. § 4403(a)(1)(A)

      Pub. L. 101–593, § 112(1), as inserted “, 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”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 101–593, § 112(1), as amended by Pub. L. 107–308, § 8(b)(1), inserted “, 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”.

   Enacted provision · exact public law section
   (1) in section 4(a)(1)(A) by inserting after “Service” and before the period “, 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.)”;

   Effective date note
   Pub. L. 107–308, § 8(b)(2), Dec. 2, 2002, 116 Stat. 2448, provided that: “Paragraph (1) of this subsection [amending this section] shall be effective on and after the effective date of section 112(1) of Public Law 101–593 (104 Stat. 2962) [Nov. 16, 1990].”

4. 1990

   Pub. L. 101–593 § 112(3) · 104 Stat. 2954

   Inserted · 16 U.S.C. § 4403(f)

   Pub. L. 101–593, § 112(3), inserted “, and the Chairman shall take appropriate steps to provide adequate notice to the public of the time and place of such meetings” after “open to the public”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 101–593, § 112(3), inserted “, and the Chairman shall take appropriate steps to provide adequate notice to the public of the time and place of such meetings” after “open to the public”.

   Enacted provision · exact public law section
   (3) in section 4(f) by inserting after “public” and before the period “, and the Chairman shall take appropriate steps to provide adequate notice to the public of the time and place of such meetings”; and

   Effective date note
   Pub. L. 107–308, § 8(b)(2), Dec. 2, 2002, 116 Stat. 2448, provided that: “Paragraph (1) of this subsection [amending this section] shall be effective on and after the effective date of section 112(1) of Public Law 101–593 (104 Stat. 2962) [Nov. 16, 1990].”

5. 2002

   Pub. L. 107–308 § 8(b)(1) · 116 Stat. 2446

   Amended · 16 U.S.C. § 4403(a)(1)(A)

   Pub. L. 107–308, § 8(b)(1), amended directory language of Pub. L. 101–593, § 112(1). See 1990 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 107–308, § 8(b)(1), amended directory language of Pub. L. 101–593, § 112(1). See 1990 Amendment note below.

   Enacted provision · exact public law section
   (1) 16 USC 4403. Section 112(1) of Public Law 101–593 (104 Stat. 2962) is amended by striking “and before the period”.

   Effective date note
   Pub. L. 107–308, § 8(b)(2), Dec. 2, 2002, 116 Stat. 2448, provided that: “Paragraph (1) of this subsection [amending this section] shall be effective on and after the effective date of section 112(1) of Public Law 101–593 (104 Stat. 2962) [Nov. 16, 1990].”

6. 2002

   Pub. L. 107–308 § 8(a)(6) · 116 Stat. 2446

   Substituted · 16 U.S.C. § 4403(a)(1)(B)

   Pub. L. 107–308, § 8(a)(6), substituted “section 3702(g)(2)(B)” for “section 3702(2)(B)”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 107–308, § 8(a)(6), substituted “section 3702(g)(2)(B)” for “section 3702(2)(B)”.

   Enacted provision · exact public law section
   (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)”.

   Effective date note
   Pub. L. 107–308, § 8(b)(2), Dec. 2, 2002, 116 Stat. 2448, provided that: “Paragraph (1) of this subsection [amending this section] shall be effective on and after the effective date of section 112(1) of Public Law 101–593 (104 Stat. 2962) [Nov. 16, 1990].”

7. 2002

   Pub. L. 107–308 § 8(a)(7) · 116 Stat. 2446

   Substituted · 16 U.S.C. § 4403(c)

   Pub. L. 107–308, § 8(a)(7), substituted “Council” for “Commission” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–308, § 8(a)(7), substituted “Council” for “Commission” in introductory provisions.

   Enacted provision · exact public law section
   (7) In section 4(c) (16 U.S.C. 4403(c)), in the matter preceding paragraph (1), by striking “Commission” and inserting “Council”.

   Effective date note
   Pub. L. 107–308, § 8(b)(2), Dec. 2, 2002, 116 Stat. 2448, provided that: “Paragraph (1) of this subsection [amending this section] shall be effective on and after the effective date of section 112(1) of Public Law 101–593 (104 Stat. 2962) [Nov. 16, 1990].”

8. 2020

   America’s Conservation Enhancement Act

   Pub. L. 116–188 title I § 107(a)(2) · 134 Stat. 905

   Substituted · 16 U.S.C. § 4403(a)(1)(B)

   Pub. L. 116–188 substituted “Executive Director of the Board” for “Secretary of the Board”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 116–188 substituted “Executive Director of the Board” for “Secretary of the Board”.

   Enacted provision · exact public law section
   (2) Conforming amendment.— Section 4(a)(1)(B) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is amended by striking “Secretary of the Board” and inserting “Executive Director of the Board”.

9. 2022

   Pub. L. 117–286 § 4(a)(122) · 136 Stat. 4196

   Substituted · 16 U.S.C. § 4403(a)(1)

   Pub. L. 117–286 substituted “chapter 10 of title 5” for “Public Law 92–463, as amended,” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Public Law 92–463, as amended,” in concluding provisions.

   Enacted provision · exact public law section
   (122) Section 4(a)(1) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)) is amended by striking “Public Law 92–463, as amended,” and inserting “chapter 10 of title 5, United States Code,”.

10 of 10 references resolved to an enrolled provision