§4404 Approval of Wetlands Conservation Projects

Summary

The Council must recommend wetlands conservation projects to the Migratory Bird Conservation Commission. It looks at seven things: how well a project meets the program’s goals and plans; whether there is enough non‑Federal money and the needed matching funds under section 4407(b); whether public and private partners are involved; whether the project fits the National Wetlands Priority Conservation Plan (section 3921); whether it helps migratory nongame birds, other wildlife, and species listed or being considered under the Endangered Species Act; the quality of the project’s design; and advice from partners in the United States, Canada, or Mexico. Each year the Council sends the Commission a ranked list of recommended projects with cost estimates for Federal funding under this chapter and section 669b(b). For NEPA, those recommendations are treated as Federal actions that need environmental reviews. The Council must have rules for its work, including a quorum and that recommendations require a two‑thirds vote of members present and voting. The Council chair picks two Council members who are U.S. citizens to join the Commission as ex officio members for voting on these projects. The Commission, with those two members, may approve, reject, or change project priorities using the same criteria when possible. If a project is approved, Federal funding is made available. If a project is rejected or its priority is changed, the Commission must send a written explanation to the Council and the appropriate Committees. The Commission must also give those Committees an annual report listing approved projects, funding sources and amounts, reasons for approvals and priorities, the Council’s recommended list, and explanations for any rejections or priority changes based on other reasons.