Title 16ConservationRelease 119-73

§4405 Conditions relating to wetlands conservation projects

Title 16 › Chapter CHAPTER 64— - NORTH AMERICAN WETLANDS CONSERVATION › § 4405

Last updated Apr 6, 2026|Official source

Summary

The Secretary must use federal money under this chapter and section 669b(b) to help carry out wetlands conservation projects in the United States that the Migratory Bird Conservation Commission approves, and must follow the allocation rules in section 4407(a)(2) and the funding limits in section 4407(b). Land or water bought with those funds normally must be added to the National Wildlife Refuge System. The Secretary can instead give the funds or transfer the property without charge to a State, public agency, or other entity if the Commission agrees and the recipient was named in the approved project description. The Secretary must find the property should not join the Refuge System, require the recipient to manage the land to meet the chapter’s goals, include a reversion clause if they fail, and set terms to protect the wetland and its wildlife long term. The Secretary also may, following allocation rules in section 4407(a)(1) and limits in section 4407(b), grant funds to agencies or others for approved projects in Canada or Mexico if the recipient was named in the approved project description and the grant terms protect any land or interests for long-term wetland and wildlife conservation. Land acquired under these grants does not become part of the National Wildlife Refuge System and is not covered by the federal rules for adding lands to that system.

Full Legal Text

Title 16, §4405

Conservation — Source: USLM XML via OLRC

(a)(1)Subject to the allocation requirements of section 4407(a)(2) of this title and the limitations on Federal contributions under section 4407(b) of this title, 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 chapter and section 669b(b) of this title.
(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 chapter and section 669b(b) of this title 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 chapter, the Secretary may, with the concurrence of the Migratory Bird Conservation Commission, grant or otherwise provide the Federal funds made available under this chapter and section 669b(b) of this title 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 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 chapter, 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 manage the property in accordance with the objectives of this chapter. 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.
(b)Subject to the allocation requirements of section 4407(a)(1) of this title and the limitations on Federal contributions under section 4407(b) of this title, the Secretary shall grant or otherwise provide the Federal funds made available under this chapter and section 669b(b) of this title 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: Provided, 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 Commission. 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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 4405

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73