§4404 Approval of wetlands conservation projects

Summary

The Council must recommend wetlands conservation projects to the Migratory Bird Conservation Commission. The Council looks at seven main things: how well a project meets the chapter, Plan, or Agreement; whether enough non‑Federal money is available to do the work and to match Federal funds under section 4407(b); whether the project is a public‑private partnership; whether it fits the National Wetlands Priority Conservation Plan; whether it helps migratory, nongame, or listed/candidate threatened and endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); the strength of the project’s design; and the advice of partnerships in Canada, Mexico, or the United States. Each year the Council must send the Commission a ranked list of recommended projects with descriptions and cost estimates. For NEPA (42 U.S.C. 4321 et seq.) those recommendations count as Federal actions and need environmental assessments or, if needed, impact statements. The Council must set rules for how it will work. A quorum must be present to do business, and recommendations can be adopted only by a two‑thirds vote of members present and voting. The Council chair also picks two Council members to join the chair as ex officio members of the Migratory Bird Conservation Commission for voting on these projects. The Commission, with those two members, will approve, reject, or change the order of the Council’s projects using the same criteria when possible. If the Commission approves a project, Federal funds are made available under this chapter and section 669b(b). If the Commission rejects or reorders a project, it must give the Council and the appropriate Committees a written explanation. Each year the Commission must report to the appropriate Committees the projects it approved, the funding sources and amounts, why projects were approved and prioritized, the Council’s recommended list, and reasons for any rejections or priority changes based on factors other than the listed criteria.