§4404 Approval of Wetlands Conservation Projects

Summary

The Council must pick and recommend wetlands conservation projects to the Migratory Bird Conservation Commission. When choosing projects, the Council must look at: how well a project meets the chapter’s goals and the Plan or Agreement; whether enough non‑Federal money is available to do the project and meet the matching rules in section 4407(b); whether the project is a partnership of public and private groups; whether it fits the National Wetlands Priority Conservation Plan; whether it helps migratory nongame birds, other wildlife, and species listed or proposed under the Endangered Species Act; the quality of the project design; and any recommendations from partner groups in Canada, Mexico, or the United States. Each year the Council must send the Commission a prioritized list of recommended projects with descriptions and cost estimates. For purposes of the National Environmental Policy Act, those recommendations count as Federal actions that need environmental assessments or, if needed, impact statements. The Council must set rules for its work. A quorum must be present to do business, and recommendations need a two‑thirds vote of members who are present and voting. The Council Chairman must pick two U.S. Council members to serve on the Commission to help consider and vote on the projects. The Commission, with those two members, will approve, reject, or change the project priorities using the same criteria the Council used. If the Commission approves a project, Federal money becomes available. If the Commission rejects or reorders a recommendation, it must give the Council and the appropriate Congressional Committees a written explanation. Each year the Commission must report to those Committees the approved projects, funding amounts and sources, reasons for approvals and priority order, the projects the Council recommended, and explanations for any rejections or priority changes that were based on factors other than the listed criteria.