Wikipedia

Emergency Wetlands Resources Act: Difference between revisions

Browse history interactively
← Previous edit
Content deleted Content added
VisualWikitext
Smorris80 (talk | contribs)
176 edits
No edit summary
Updated short description
 
(47 intermediate revisions by 29 users not shown)
Line 1:
{{Short description|United States federal environmental law (enacted 1986)}}
{{Infobox U.S. legislation
| name = Emergency Wetlands Resources Act of 1986
| fullname = Emergency Wetlands Resources Act of 1986 was enacted to protect and promote conservation of the Nations wetlands and establish National Wildlife Refuges for waterfowl.
| acronym = EWRA
| enacted by = 99th
| effective date = November 10, 1986
| public law url =
| cite public law = P.L. 99-645
| cite statutes at large = 100 Stat. 3582
| acts amended =
| title amended =
| sections created = 16 U.S.C. § 3901-3902, § 3911-3912, § 3921-3932, & § 3931-3932
| sections amended =
| leghisturl =
| introducedin = House
| introducedbill = Emergency Wetlands Resources Act of 1985
| introducedby =Rep. [[John B. Breaux]] ([[Democratic Party (United States)|D]]–[[Louisiana|LA]])
| introduceddate =Febuary February 21, 1985
| committees = House Merchant Marine and Fisheries, House Interior and Insular Affairs
| passedbody1 =
| passeddate1 =
| passedvote1 =
| passedbody2 =
| passeddate2 =
| passedvote2 =
| conferencedate =
| passedbody3 =
| passeddate3 =
| passedvote3 =
| agreedbody3 = <!-- used when the other body agrees without going into committee -->
| agreeddate3 = <!-- used when the other body agrees without going into committee -->
| agreedvote3 = <!-- used when the other body agrees without going into committee -->
| agreedbody4 = <!-- used if agreedbody3 further amends legislation -->
| agreeddate4 = <!-- used if agreedbody3 further amends legislation -->
| agreedvote4 = <!-- used if agreedbody3 further amends legislation -->
| passedbody4 =
| passeddate4 =
| passedvote4 =
| signedpresident = [[Ronald Reagan]]
| signeddate = November 10, 1986
| amendments = P.L. 100-418, P.L. 101-233, P.L. 102-440, P.L. 103-437, P.L. 104-4, P.L. 104-28, P.L. 105-18, P.L. 105-83, P.L. 108-447
| SCOTUS cases =
}}
 
The '''Emergency Wetlands Resources Act of 1986''' became Public Law (P.L.) 99-645 (100 Stat. 3582) on November 10, 1986. Prior to the Act the purchase of [[wetlands]] by the [[Federal Government]] had been prohibited. The Act allocated funds from the [[Land and Water Conservation Fund]] (LWCF) for the purchase of wetlands by the [[Secretary of Interior]], who is head of the [[United States Department of the Interior]]. The Act also instituted a National Wetlands Priority Conservation Plan which was to be established and set up by the Secretary. Included in this plan was a requirement for all States to include wetlands as part of their Comprehensive Outdoors Recreation plan. The plan also transferred the Migratory Bird Conservation Fund amounts which were to be equal to the [[import duties]] on arms and [[ammunition]].<ref name="autogenerated1">{{cite web|url=http://www.fws.gov/laws/lawsdigest/EMWET.HTML |title=Emergency Wetlands Resources Act of 1986 |publisher=Fws.gov |date= |accessdate=2012-03-08}}</ref> The main purpose of the Act was to ensure a follow through on international obligations and fulfillment of these obligations on the various past and future migratory bird treaties. It also promoted the [[conservation]] of wetlands so the benefits they provide could be maintained.[[File:Avian Diversity -2010 12 09 Bayou Savauge LA.jpg|thumb|left|A rather amazing diversity of waterfowl concentrated in a wetlands management area of Bayou Sauvage National Wildlife Refuge. At least 20 species are in this frame of view or the sky above. A Northern Harrier is hidden behind the center Great Blue Heron. Photo taken by Mr. Bill Lang on 12/9/2010. Photograph used with written permission from Mr. Lang.]]
The '''Emergency Wetlands Resources Act of 1986''' became a [[United States]] federal law (P.L.) 99-645 (100 Stat. 3582) on November 10, 1986. Prior to the Act the purchase of [[wetlands]] by the [[Federal Government]] had been prohibited. The Act allocated funds from the [[Land and Water Conservation Fund]] (LWCF) for the purchase of wetlands by the [[United States Secretary of the Interior|Secretary of Interior]], who is head of the [[United States Department of the Interior]]. The Act also instituted a National Wetlands Priority Conservation Plan which was to be established and set up by the Secretary. Included in this plan was a requirement for all States to include wetlands as part of their Comprehensive Outdoors Recreation plan. The plan also transferred the [[Migratory Bird Conservation Fund]] amounts which were to be equal to the [[import duties]] on arms and [[ammunition]].<ref name="autogenerated1">{{cite web|url=http://www.fws.gov/laws/lawsdigest/EMWET.HTML |title=Emergency Wetlands Resources Act of 1986 |publisher=Fws.gov |access-date=2012-03-08}}</ref> The main purpose of the Act was to ensure a follow through on international obligations and fulfillment of these obligations on the various past and future migratory bird treaties. It also promoted the [[Wetland conservation|conservation of wetlands]] so the benefits they provide could be maintained.[[File:Avian Diversity -2010 12 09 Bayou Savauge LA.jpg|thumb|left|A rather amazing diversity of waterfowl concentrated in a wetlands management area of [[Bayou Sauvage National Wildlife Refuge]]. At least 20 species are in this frame of view or the sky above. A Northern Harrier is hidden behind the center Great Blue Heron. Photo taken by Mr. Bill Lang on 12/9/2010. Photograph used with written permission from Mr. Lang.]]
An extension of the [[Wetlands Loan Act]] of 1961 which had been established and approved on October 4, 1961 was also provided by the Act. Under this extension wetlands loan advances would be forgiven and it extend the appropriation through September 30, 1988.<ref name="autogenerated1"/><ref name="autogenerated2">{{cite web|url=http://www.fws.gov/laws/lawsdigest/WETLOAN.HTML |title=Wetlands Loan Act |publisher=Fws.gov |date= |accessdate=2012-03-08}}</ref> A requirement was outlined in the Act which instructed the Secretary to report to [[Congress]] on all losses of wetlands. The Secretary was to also investigate these losses and outline his findings in these reports to provide information as to whether or not federal programs and/or polices contributed to any of the wetland losses. Other responsibilities tasked to the Secretary were to complete the mapping of all the wetlands in the contiguous [[United States]] as well as those in the non-contiguous portions of the U.S. by September 30, 1990. This was to be done in conjunction with inventorying all of the National Wetlands which were to be completed eight years later on September 30, 1998 with continuation at ten-year intervals thereafter. Updates were to be provided to previous reports to help update and improve the “Status and Trends of Wetlands and Deep-water Habitat in the Coterminous United States, 1950’s to 1970’s” from September 1982.<ref name="autogenerated1"/>
An extension of the [[Wetlands Loan Act]] of 1961 which had been established and approved on October 4, 1961 was also provided by the Act. Under this extension wetlands loan advances would be forgiven and the appropriation extended through September 30, 1988.<ref name="autogenerated1"/><ref name="autogenerated2">{{cite web|url=http://www.fws.gov/laws/lawsdigest/WETLOAN.HTML |title=Wetlands Loan Act |publisher=Fws.gov |access-date=2012-03-08}}</ref> A requirement was outlined in the Act which instructed the Secretary to report to the [[United States Congress]] on all losses of wetlands. The Secretary was to also investigate these losses and outline his findings in these reports to provide information as to whether or not federal programs and/or policies contributed to any of the wetland losses. Other responsibilities tasked to the Secretary were to complete the mapping of all the wetlands in the contiguous United States and those in the non-contiguous portions of the U.S. by September 30, 1990. This was to be done in conjunction with inventorying all of the National Wetlands which were to be completed eight years later on September 30, 1998 with continuation at ten-year intervals thereafter. Updates were to be provided to previous reports to help update and improve the “Status and Trends of Wetlands and Deep-water Habitat in the Coterminous United States, 1950s to 1970s” from September 1982.<ref name="autogenerated1"/>
 
Included within the Act were several provisions to establish entrance fees to all [[National Wildlife Refuges]] and to also establish the [[Bayou Sauvage National Wildlife Refuge]] in [[Louisiana]]. Funds collected from these entrance fees were to be split, with 70% going to the Migratory Bird Conservation Fund and 30% to the maintenance and operation of the refuges. The cost of [[Federal Duck Stamps]] were also increased from $7.50 to $15.00, this was to be phased in through 1991. The sale of Federal Duck Stamps to raise money for the conservation of migratory birds was established in 1929 by the [[Migratory Bird Conservation Act]].<ref name="autogenerated1"/><ref name="autogenerated2"/>
Line 53 ⟶ 55:
===Subchapter I – General Provisions===
 
Subchapter I of the Act known as 16 U.S.C § 3901 - 3902 outlines the findings, purposes, and definitions of the Act. Congress found that wetlands played a pivotal role in not only the economics of the Nation but also the health, safety, recreations, and well-being of the citizens as well. Wetlands also provided major contributions to our food supply, water supply/quality, flood control, fish, wildlife, and plant resources.[[File:Aerial-view-of-marsh.jpg|thumb|right|Aerial View of Marsh]]
====Findings and Statement Purposes – 16 USC § 3901====
 
Federal protection of wetlands for migratory birds was also a major finding, in order to uphold the Nations commitment to the migratory bird treaties with other nations like [[Canada]], [[Mexico]], [[Japan]], the [[Union of Soviet Socialist Republics]] (U.S.S.R.), and several other countries in the [[Western Hemisphere]] protection was needed to ensure migratory bird populations stayed at a sustainable level as wetlands are the major sources for breeding, wintering, and migration.
=====(a) Congress Finds:=====
 
With obligations to other countries and a clearer understanding of how important wetlands are to the well-being of society and to the overall health of the ecosystem the major purpose of the Act was the promotion and conservation of the Nations wetlands. This would ensure that no further damage would be done and the benefits that wetlands provide would be maintained. This would be done with the assistance of Federal and State programs.<ref name="autogenerated3">{{cite web |url=http://us-code.vlex.com/source/us-code-conservation-1015/toc/98 |title=U.S. Code – Title 16: Conservation |publisher=us-code.vlex.com |access-date=2012-03-28 |url-status=dead |archive-url=https://web.archive.org/web/20130314204838/http://us-code.vlex.com/source/us-code-conservation-1015/toc/98 |archive-date=2013-03-14 }}</ref>
(1) That wetlands play a major role in the national economy through contributions of materials and the maintenance of the quality of life through these contributions. Contributions are also made to our food supply, water supply/quality, flood control, fish, wildlife, and plant resources, as well as the health, safety, recreations, and economic well-being of the citizens of this [[Nation]].
 
(2) Wetlands provide a habitat and ecosystem that is imperative to the breeding, spawning, nesting, migration, wintering, and survival of an extensive portion of the migratory birds, resident fish, and wildlife of the Nation. This includes and is not limited to just migratory birds, endangered species, commercially/recreationally important finfish, shellfish, other aquatic organisms, and many rare species of wild plants.
 
(3) The Nation must also uphold its commitment to the migratory bird treaty with other nations like [[Canada]], [[Mexico]], [[Japan]], the [[Union of Soviet Socialist Republics]] (U.S.S.R.), and several other countries in the [[Western Hemisphere]] that require Federal protection of wetlands for migratory birds which use these lands for breeding, wintering, and migration. Wetlands are essential in maintaining these populations to a sustainable level, distributions, and patterns of migration.
 
(4) Provides commercial and recreational benefits to the Nations citizens by maintaining and sustaining plants, fish, and wildlife that are depended on wetlands. These contributions include:
 
*A) Commercial marine fisheries that have an annual harvest that is valued at over $10,000,000,000.
*B) Supports the Nations multimillion dollar annual fur and hide harvest.
*C) Billions generated annually by recreational activities such as hunting, fishing, bird watching, and nature observations.
 
(5) The Nations water quality and water supply is maintained and augmented by wetlands which serve as groundwater recharging areas, nutrient traps, and chemical/toxin filters.
 
(6) Property and life loss is also protected by wetlands by means of a natural erosion and flood control.
 
(7) Since the founding of our Nation wetland have been estimated to have been cut in half and have continued to vanish in the hundreds and thousands of acres each year. Wetlands only account for a small percentage of the total land area of the entire Nation.
 
(8) Activities conducted by the Federal Government have assisted in the reduction and contributed to the accelerated loss of wetlands and the valuable resources they provide both economical and environmental.
 
(9) Wetlands conservation efforts provided by Federal, State and private assistance should be set in motion to prohibit further loss of wetlands which provide a beneficial asset to its citizens and to they are managed and maintained for current and future generations.[[File:Aerial-view-of-hazen-bay-wetlands.jpg|thumb|Hazen Bay Wetlands]]
 
 
=====(b) Purpose:=====
 
The promotion and conservation of the Nations wetlands is the sole purpose of this chapter, to ensure further damage is not done and to maintain the benefits wetlands provide; this is to be done with the assistance of Federal and State programs. This also provides a way to aid in the obligations of international migratory bird treaties and conventions with Canada, Mexico, Japan, the Union of Soviet Socialist Republics, and various other countries in the Western Hemisphere. These goals are to be achieved by:
 
*(1) Augmenting the efforts of private interests as well as local, State, and Federal governments to help maintain, manage and maximize the conservation efforts of wetlands.
 
*(2) Maximizing efforts to protect the Nations wetlands through acquisition in fee, easements or other interests and arrangements by local, State, and Federal governments as well as the private sector.<ref name="autogenerated3">{{cite web|url=http://us-code.vlex.com/vid/sec-findings-and-statement-purpose-19236601 |title=U.S. Code – Title 16: Conservation - Findings and Statement of Purpose |publisher=us-code.vlex.com |date= |accessdate=2012-03-28}}</ref>
 
====Definitions – 16 USC § 3902====
 
=====Description of Terms for the Purpose of This Chapter:=====
 
(1) '''''Committees''''' – Describes the Committee on Merchant Marine and Fisheries, Committee on Natural Resources of the House of Representatives, Committee on Environment and Public Works, and the Committee on Energy and Natural Resources of the Senate.
 
(2) '''''Designated Unit''''' – Describes the unit of the National Wildlife Refuge System as designated by the Secretary under section 3911 (A)(2) of this title.
 
(3) '''''Hydric Soil''''' – Describes soil has been undrained, saturated, flooded, or been ponded for a significant length of time during the growing season to allow development of an anaerobic condition that can support the growth and regeneration of hydrophytic vegetation.
 
(4) '''''Hydrophytic Vegetation''''' – Describes plans that grow or are growing in (A) water; or (B) growing in a habitat that at intervals is lacking in oxygen during a/the growing season due to a large quantity of water.
 
(5) '''''Wetland''''' – Describes lands that are largely made up of hydric soils, this includes lands that are flooded or saturated by surface or groundwater for a continual duration which can adequately support under normal circumstance the growth and survival of hydrophytic pants typically found and adapted for survival in saturated soil conditions.
 
=====Amendments=====
 
1994 – Paragraph (1). Public Law 103-437 substitute “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
 
=====Name Change=====
 
Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of Public Law 104-14, set out as a note preceding section 21 of Title 2, The Congress.
 
=====Abolition of House Committee on Merchant Marine and Fisheries=====
 
The committee on Merchant Marine and Fisheries of House of Representatives has been abolished and its jurisdiction has been transferred by the House Resolution No. 6, 104th Congress, January 4, 1995. The committee on Merchant Marine and Fisheries of house of Representatives is now treated as referring to the Committee on Resources of House of Representatives in the cases relating to the provisions of fisheries, wildlife, international fishing agreements, marine affairs (this includes coastal zone management) except for measures relating to oil and other pollutions of navigable waters, or oceanography by section 1(b)(3) of Public Law 104-14, set out as a note preceding section 21 of Title 2, The Congress. <ref name="autogenerated4">{{cite web|url=http://us-code.vlex.com/vid/sec-definitions-19236600 |title=U.S. Code – Title 16: Conservation - Definitions |publisher=us-code.vlex.com |date= |accessdate=2012-03-28}}</ref>
 
===Subchapter II – Revenues for Refuge Operations and the Migratory Bird Conservation Fund===
 
Subchapter II of the Act 16 U.S.C § 3911 – 3912 outlined the sale of admission permits at refuges and the transfers to the Migratory Bird Conservation Fund. The Land and Water Conservation Fund Act of 1965 for the most part provided the funds for the purchase of wetlands, but in order to sustain the operation and maintenance cost of refuges supplementary revenues were needed. Section 3911 of Subchapter II granted the Secretary of the Interior the power to charge admission fees at National Wildlife Refuges as well as the sales of Golden Eagle and [[Golden Age Passport]]s. Amounts collected from the sale of admission permits and fees collected at refuges were to be divided at a 70/30 split. The Secretary had 30% available for financing the cost of collection, maintenance and operation of the refuges, and the upkeep of all the refuges in the National Wildlife System while 70% was to be deposited into the Migratory Bird Conservation Fund which was established under section 718d of the title.<ref name="autogenerated4">{{cite web|url=http://us-code.vlex.com/vid/sale-admission-permit-refuge-units-19236599|title=U.S. Code – Title 16: Sale of Admission Permit at Certain Refuge Units|publisher=us-code.vlex.com|access-date=2012-03-28|archive-url=https://web.archive.org/web/20150621204749/http://us-code.vlex.com/vid/sale-admission-permit-refuge-units-19236599|archive-date=2015-06-21|url-status=dead}}</ref>[[File:Aerial-view-of-hazen-bay-wetlands.jpg|thumb|left|Hazen Bay Wetlands]]
====Sale of Admission Permit at Certain Refuge Units – 16 USC § 3911====
=====(a) Sales of Admission Permits:=====
 
Section 3912 of Subchapter II stated that amounts equal to the total amount of all import duties collected on arms and ammunition which had been specified in chapter 93 of the [[Harmonized Tariff Schedule of the United States]] would be paid quarterly to the Migratory Bird Conservation Fund which was established under section 718d beginning the next fiscal year after November 10, 1986.<ref name="autogenerated5">{{cite web|url=http://us-code.vlex.com/vid/transfers-migratory-bird-conservation-fund-19236598|title=U.S. Code – Title 16: Conservation – Transfer of Migratory Bird Conservation Fund|publisher=us-code.vlex.com|access-date=2012-03-28|archive-url=https://web.archive.org/web/20150622015750/http://us-code.vlex.com/vid/transfers-migratory-bird-conservation-fund-19236598|archive-date=2015-06-22|url-status=dead}}</ref>
(1) Despite the Land and Water Conservation Fund Act of 1965 (16 USC 460| - 4 et seq.) which provides funds for the purchase of wetlands, supplementary revenues will be needed for the continued conservation of wetland resources and for the operation and maintenance of refuges.
 
(A) Power is granted to the Secretary of the Interior by which he/she may at any time require the National Wildlife Refuge System designated by the Secretary under paragraph (2):
 
*(i) Charge fees for admission
*(ii) Golden Eagle and Golden Age passports may be sold
*(iii) Issue a no charge lifetime admission permits as authorized in section 4(a)(5) of the Land and Water Conservation Fund Act of 1965 (16 USC 460 | - 6a (a)(5).
 
(B) Funds collected by the Secretary by actions outlined in sub-paragraph (A) will be distributed as outlined in subsection (c) of this section.
 
(2) A unit of the National Wildlife Refuge System will be allocated by the Secretary for this chapter if the Secretary decides that such a unit:
 
*(A) Recreational visitation is high enough to advocate the collection of fees for admission permits for economic reason.
*(B) The existence of a functional mechanism by which fees for admission permits can be collected.
*(C) Charges for an admission permits will not result in an economic hardship for the majority of patrons who visit the unit.[[File:Aerial-view-of-marsh.jpg|thumb|right|Aerial View of Marsh]]
 
=====(b) Exceptions:=====
 
(1) The required admission permit as listed under subsection (a)(1) of this section may not be required by the Secretary if the person is the holder of:
*(A) Valid migratory bird hunting and conservation stamp which is issued under section 718b of this title.
*(B) Valid Golden Eagle Passport which is issued under section 4(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 USC 460 | - 6a(a)(1)).
*(C) Valid Golden Age Passport issued under section 4(a)(4) of such Act (16 USC 460 | - 6a(a)(4))
*(D) Valid lifetime admission permit which is authorized in section 4(a)(5) of such Act (16 USC 460 | - 6a(a)(5))
(2) The Secretary of the Interior shall make available single visit permits to/for any designated unit for a fee that shall not exceed $3.00 per individual or $7.50 per vehicle.
 
For this subsection the term “single visit” refers to a continuous stay within a designated unit by a person or group described in subsection (d) of this section.
 
Payment and issuance of a single visit permit grants visitor both exit and re-entry to a single designated unit for a time-frame of 1 to 15 days. Period designation will be defined for each designated unit by the Secretary based on the determination of a reasonable amount of time necessary for a single visit.
 
(3) Special admission permits may also be issued for group activities ect. and will be issued in accordance to the procedures while establishment of fees will be carried out by the Secretary.
 
(4) Purchase of an admission permit may not be required under subsection (a)(1) of this section in order to travel by private noncommercial vehicle over any road or highway:
(A)
*(i) As established by the National Federal Aid System; defined in section 101 of title 23.
*(ii) Traveling between two places outside the designated unit and deemed commonly used by the public.
(B) Any land by which a Person has a property interest, if said properties are within any designated unit.
 
(5) Person may not be required to purchase admission permits under subsection (a)(1) outlined in this section for admission to a unit of the National Wildlife Refuge System, which has been created, expanded, and/or modified by Public Law 96-487.
 
=====(c) Distribution of Amounts/Fees Collected:=====
 
Amounts collected from the sale of admission permits and fees collected at any unit of the National Wildlife Refuge System under subsections (b) and (c) of section 4 of the Land and Water Conservation Fund Act of 1965 (16 USC 460 | - 6a(b), (c)) shall be distributed as outlined below:
 
(A) Until expanded 30% shall be available to the Secretary of the Interior.
 
The use of the amounts by the Secretary:
 
*(i) Finance the cost of collection.
*(ii) Maintenance and operation of the collecting unit
*(iii) Upkeep of all units within the National Wildlife Refuge System, with exception of the units created, expanded, or modified by Public Law 96-487.
 
(B) 70% will be deposited into the migratory bird conservation fun which has been established under section 718d of this title.
 
=====(d) Persons Accompanying Permittees:=====
 
Entrance into any designated unit by a person who holds a stamp, passport, or permits as described in subsection (b) of this section is authorized general entrance, along with:
 
*(1) Any individual(s) in a single, private, noncommercial vehicle.
*(2) Where entry to the area is by any means other than single, private, noncommercial vehicle, that person and their accompanying spouse, children, or parents.
 
=====(e) Restrictions:=====
 
Permits issued under this section are considered nontransferable; such a permit may not authorize any uses for which fees are charged under the Land and Water Conservation Fund Act of 1965 (16 USC 460 | - 4 et seq.).
 
=====(f) Establishment of Fees:=====
 
Posting of Notices:
 
(1) All established fees shall be agreeable to this section and are intended to be impartial and ethical.
 
In the establishment of fees, the Secretary will consider all of the following:
 
*(A) Direct and indirect cost to the Government.
*(B) Welfare to the holder of the permit.
*(C) Public Policy and/or interest served.
*(D) Equivalent to the fees charged by non-Federal public agencies.
*(E) Economic and administrative usefulness of fee collection and other applicable determinants.
 
(2) Establishment of a fee under this section shall require that a notice be posted from the Secretary.
 
*(A) A post about such fee shall be posted at each designated unit and all applicable location at each unit.
*(B) To the extent that it must be included in all publications distributed at the unit.
 
=====(g) Volunteers:=====
 
The [[Director of the United States Fish and Wildlife Service]] is allowed to except volunteer services to sell admission permits, Golden Eagle/Golden Age Passports, and Migratory Bird Hunting and Conservation Stamps as outlined under this section.
 
The Director may use funds allocated or made available to the Service to cover cost of any surety bond this is required of a volunteer carrying out the services as authorized under this subsection.
 
=====Reverences In Text=====
 
Subsections (a)(1) and (e) refer to the Land and Water Conservation Fund Act of 1965 P.L. 88-578, enacted September 3, 1964, 78 Stat. 897, as amended, generally classified as part B (Sec. 4601-4 et seq.) of sub-chapter LXIX of chapter 1 of this title.
 
Subsection (a)(2) was in the original form referred to as “the Act”, P.L. 99-645, November 10, 1986, 100 Stat. 3582, now know as the Emergency Wetlands Resources Act of 1986.
 
P.L. 96-487, which is referred to in subsections (b)(5) and (c)(A)(iii), P.L. 96-487, enacted December 2, 1980, 94 Stat. 2371, as amended and known as the Alaska National Interest Lands Conservation Act.<ref name="autogenerated5">{{cite web|url=http://us-code.vlex.com/vid/sale-admission-permit-refuge-units-19236599|title=U.S. Code – Title 16: Conservation - Sale of Admission Permit at Certain Refuge Units|publisher=us-code.vlex.com |date= |accessdate=2012-03-28}}</ref>
 
====Transfer to Migratory Bird Conservation Fund – 16 USC § 3912====
 
Despite any other provisions of law, amounts equal to the total amount of all import duties collected on arms and ammunition which has been specified in chapter 93 of the [[Harmonized Tariff Schedule of the United States]], beginning the next fiscal year after November 10, 1986 shall be paid quarterly to the migratory bird conservation fund established under section 718d of this title.<ref name="autogenerated6">{{cite web|url=http://us-code.vlex.com/vid/transfers-migratory-bird-conservation-fund-19236598|title=U.S. Code – Title 16: Conservation – Transfer of Migratory Bird Conservation Fund |publisher=us-code.vlex.com |date= |accessdate=2012-03-28}}</ref>
 
=====References In Text=====
 
The Harmonized Tariff Schedule of the United States, referred to in text, is not set out in the Code. See Publication of Harmonized Tariff Schedule not set out under section 1202 of Title 19, Customs Duties.
 
=====Amedments=====
 
1988 – P.L. 100-418 substituted “chapter 93 of the Harmonized Tariff Schedule of the United States” for “subpart A of part 5 of schedule 7 of the Tariff schedules of the United States”.
 
Effective Date of 1988 Amendment
 
Amended by P.L. 100-418 which is effective on January 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of P.L. 100-418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties.
 
===Subchapter III – State and Federal Wetlands Acquisition===
 
Subchapter III 16 U.S.C § 3921 – 3923 established the National Wetlands Priority Conservation Plan, Federal Acquisition, and Restriction on Use of Eminent Domain in Acquisitions. The establishment of the National Wetlands Priority Conservation Plan section 3921 was to be carried out by the Secretary. The plan was to outline the types of wetlands and the interests in wetlands on a region-by-regions basis that were to be considered for purchase by both Federal and State. Continual revisions and reviews of the plan were also to be carried out by the Secretary with the consultation of [[Administrator of the Environmental Protection Agency]], [[Secretary of Commerce]], [[Secretary of Agriculture]], and the chief executive officer of each State. Several factors were to be considered with the establishment of the plan. The Secretary was to consider the remaining types of wetlands that existed at the time of European settlement, the rate at which current and future losses of the respective types of wetlands, and the types of wetlands that made contributions to all [[wildlife]] which includes threatened and [[endangered species]], [[migratory birds]], [[resident species]], sport and [[commercial fisheries]], quantity and quality of [[surface water]] and [[ground water]], [[flood control]], [[outdoor recreation]], and other appropriate areas of concern which the Secretary deems appropriate.<ref name="autogenerated6">{{cite web|url=https://www.law.cornell.edu/uscode/text/16/3921 |title=Title 16 " Chapter 59 " Subchapter III " § 3921 |publisher=law.cornell.edu |access-date=2012-03-08}}</ref>[[File:Aerial-view-of-national-park-wetlands.jpg|thumb|Aerial View of National Park Wetlands]]
====National Wetlands Priority Conservation Plan – 16 USC § 3921====
 
Section 3922 dealt with the Federal acquisition of wetlands. The Secretary was only authorized to purchase wetlands that were not under the authority of the Migratory Bird Conservation Act of 1929 (16 U.S.C 715-715s). Purchases made by the Secretary had to be consistent with the terms laid out in section 3921.<ref name="autogenerated6"/>[[Image:Duck stamp.jpg|thumb|Federal Duck Stamp, signed by hunter as required for legal use. Sale of stamps were enacted by the Migratory Bird Conservation Act of 1929. Advancements from money earned from the sale of Duck Stamps is what provided funding for the Wetlands Loan Act of 1961.]]
=====(a) General:=====
 
Section 3923 prohibited the use of [[Eminent domain|Eminent Domain]] as a way of acquiring wetlands. It stated that acquisition of wetlands which were built for [[ranching]], [[farming]], or for the purpose of conservation of either could not be acquired through the powers of the [[Condemnation Act]] of 1888 or Eminent Domain.<ref name="autogenerated6"/>
Establishment of a National Wetlands Priority Conservation Plan shall be executed by the Secretary with continual reviews and revisions to be made. The Plan shall specify what types of wetlands and the interests in wetlands on a region-by-regions basis or other basis for which to be considered by Federal and State for acquisition.<ref name="autogenerated7">{{cite web|url=http://www.law.cornell.edu/uscode/text/16/3921 |title=Title 16 " Chapter 59 " Subchapter III " § 3921 |publisher=law.cornell.edu |date= |accessdate=2012-03-08}}</ref>[[File:Aerial-view-of-national-park-wetlands.jpg|thumb|Aerial View of National Park Wetlands]]
 
=====(b) Consultation:=====
 
The required plan shall be established by the Secretary as required by subsection (a) of this section after consultation with:
 
*(1) [[Administrator of the Environmental Protection Agency]],
*(2) the [[Secretary of Commerce]],
*(3) the [[Secretary of Agriculture]], and
*(4) the chief executive officer of each State.<ref name="autogenerated7"/>
 
=====(c) Factors to Be Considered:=====
 
With the establishment of the plan required by subsection (a) the Secretary shall consider: (1) remaining types of wetlands that existed at the time of European settlement, (2) the rate at which current and future loss of the respective types of wetlands, (3) and the respective types of wetlands contribution to: (A) All [[wildlife]] which includes threatened and [[endangered species]], [[migratory birds]], [[resident species]], sport and (B) [[commercial fisheries]], (C) quantity and quality of [[surface water]] and [[ground water]], [[flood control]], (D) [[outdoor recreation]], (E) and other appropriate areas of concern which the Secretary deems appropriate.<ref name="autogenerated7"/>
 
=====Section Referred to In Other Sections=====
 
This section is also referred to in sections 4601-8, 3922, 3954, 4404 of this title.
 
====Federal Acquisition – 16 USC § 3922====
 
All wetlands are authorized to be purchased by the Secretary which are not under the authority of the Migratory Bird Conservation Act of 1929 (16 USC 715-715s). All purchases must be consistent with the Wetlands Priority Conservation Plan which was established under section 3921 of this title.<ref name="autogenerated7"/>[[Image:Duck stamp.jpg|thumb|Federal Duck Stamp, signed by hunter as required for legal use. Sale of stamps were enacted by the Migratory Bird Conservation Act of 1929. Advancements from money earned from the sale of Duck Stamps is what provided funding for the Wetlands Loan Act of 1961.]]
 
=====References In Text=====
 
The Migratory Bird Conservation Act of 1929 is referred to in text, which was established February 18, 1929, Ch. 257, 45 Stat. 1222, as amended which is classified as subchapter III (Sec. 715 et seq.) of chapter 7 of this title.
 
=====Section Referred To In Other Sections=====
 
This section is also referred to in section 4601-9 of this title.
 
====Restriction on Use of Eminent Domain in Acquisitions – 16 USC § 3923====
 
The acquisition of wetlands in which said wetlands have been built for the purpose of [[ranching]] or [[farming]] or for the purpose of [[wetland conservation|conservation]] associated with ranching and farming shall not be acquired though the powers of the [[Condemnation Act]] of 1888 or [[Eminent Domain]] under the provisions of this chapter.<ref name="autogenerated7"/>
 
=====References In Text=====
 
This chapter, referred to in text, was in the original “this Act”, meaning P.L. 99-645, November 10, 1986, 100 Stat. 3582, known as the Emergency Wetlands Resources Act of 1986.
 
===Subchapter IV – Wetlands Inventory and Trend Analysis===
 
Subchapter IV 16 U.S.C § 3931 – 3932 dealt with the National Wetlands Inventory Project and Reports to Congress. Section 3931 instructed the Secretary along with the [[Director of the United States Fish and Wildlife Service]] to continue the Inventory Project of the National Wetlands. By September 30, 1988 the maps were to be completed for the entire coastal zone of the United States, floodplains of all major rivers, and the Prairie Pothole regions; ten years later on September 30, 1998 maps of the rest of the contiguous United States were to be completed and presented. All other noncontiguous portions of the United States were to be completed two years later by the same date. A deadline of September 30, 1990 was set for the beginning of reports to be presented to update and improve the information outlined in the report entitled “Status and Trends of Wetlands and Deepwater Habitat in the Coterminous United States, 1950s to 1970s” dated September 1982. These reports were to be presented every 10 years to ensure all information was kept up-to-date. All wetlands maps were to be digitized and a digital wetlands database was to be set up to provide digital access to all maps on wetlands contained in the United States.
====National Wetlands Inventory Project – 16 USC § 3931====
 
Section 3932 provided a guideline for the reports to Congress and the contents of these reports. The Secretary of Agriculture along with the Secretary of the Interior were instructed to coordinate with each other in the preparation and submission of reports to all invested committees. The content of these reports were to provide a detailed analysis of the cause of wetland destruction, degradation, protection, and enhancement. Also to be provided in the reports were an analysis of all Federal expenditures which resulted in wetlands destruction, degradation, protection or enhancement.<ref name="autogenerated7">{{cite web |url=http://us-code.vlex.com/vid/sec-reports-congress-19236589 |title=U.S. Code – Title 16: Conservation – Reports to Congress |publisher=us-code.vlex.com |access-date=2012-03-28 |archive-url=https://web.archive.org/web/20150622014520/http://us-code.vlex.com/vid/sec-reports-congress-19236589 |archive-date=2015-06-22 |url-status=dead }}</ref>
=====(a) General:=====
 
The Secretary, acting through the Director of the United States Fish and Wildlife Service, must continue the Inventory Project of National Wetlands and Shall:
 
(1) By September 30, 1988, present maps of the National Wetlands Inventory that have been indentified by the Service as top priorities for mapping and these include:
 
*(A) Entire coastal zone of the U.S.;
*(B) Floodplains of the major rivers;
*(C) Prairie Pothole regions;
 
(2) Present National Wetlands Inventory maps for the portions of the contiguous U.S. that were not presented earlier by September 30, 1998.
 
(3) Present National Wetlands Inventory maps of Alaska and all other noncontiguous portions of the U.S. by September 30, 2000.
 
(4) On September 30, 1990, and at 10 year intervals present reports to update and improve the information outlined in the report dated September 1982 entitled “Status and Trends of Wetlands and Deepwater Habitat in the Coterminous United States, 1950’s to 1970’s”.
 
(5) Present a report by April 30, 1990 that provides information on:
 
*(A) An estimate of the total number of acres of wetland habitat that was present in the 1780’s in all the areas that now make up each state.
 
*(B) An assessment of the total number of acres of wetlands in each state as of the 1980’s, and the percentage of wetlands lost in each state between the 1780’s – 1980’s.
 
(6) Provide a digital wetlands data base for the U.S. based on the final wetlands maps produced under this section by September 30, 2004.
 
(7) Archive and make available for distribution all wetlands data and map digitized under this section as such data and maps become available.
 
=====(b) Notice:=====
 
Notification by the Secretary to all the appropriate State and local units of government as he prepares to begin map preparation as outlined under subsection (a) of this section in an area. Notices shall include, but not limited to, the identification of an area to be mapped, the estimated time for completion, and the identification of a source for further information.<ref name="autogenerated8">{{cite web|url=http://us-code.vlex.com/vid/national-wetlands-inventory-project-19236590 |title=U.S. Code – Title 16: Conservation – National Wetlands Inventory Project |publisher=us-code.vlex.com |date= |accessdate=2012-03-28}}</ref>
 
=====Amendments=====
 
1992 – Subsection (a)(3) P.L. 102-440, Sec. 305(1), substituted “by September 30, 2000” for “as soon as practicable”. Subsection (a)(4) P.L. 102-440, Sec. 305(2), which directed amendment of par. (4) by substituting a semicolon for “. And”, was executed by making the substitution for “. and”, to reflect the probable intent of Congress.
 
Subsection (a)(6), (7). P.L. 102-440, Sec. 305(3), (4), added pars. (6) and (7). 1989 – Subsection (a)(5). P.L. 101-233 added par. (5).
 
====Reports to Congress – 16 USC § 3932====
 
=====(a) General:=====
 
The Secretary shall coordinate with the Secretary of Agriculture to prepare and submit to the committees:
 
(1) A report on the status, condition, and trends of wetlands in the lower Mississippi alluvial plain along with the prairie pothole regions of the United States by March 30, 1987.
 
(2) A report containing the trends of wetlands in all other areas of the United States by September 30, 1987.
 
=====(b) Contents of Reports:=====
 
All reports required under subsection (a) of this section must contain:
 
(1) A detailed analysis of the cause of wetland destruction, degradation, protection, and enhancement.
 
(2) An analysis and compilation of all Federal statutory/regulatory mechanisms this includes expenditures, financial assistance, and tax provisions which:
 
*(A) Cause wetlands destruction and degradation; or
*(B) Protect and enhance wetlands;
 
(3) An analysis and compilation of Federal expenditures resulting from wetlands destruction, degradation, protection or enhancement.
 
(4) Analysis of both public and private patterns of wetlands ownership.
 
(5) Analysis of the economic and environmental impact that eliminating or restricting future Federal expenditures and financial assistance both direct and indirect which may have the effect of encouraging the destruction, degradation, protection or enhancement of wetlands, including:
 
*(A) Public works expenditures;
*(B) Assistance programs such as price support programs, commodity loans, purchase programs, and disaster assistance programs;
*(C) Soil conservation programs;
*(D) And certain income tax provisions.
 
(6) Analysis of economic and environmental impact of failure to restrict future Federal expenditures, financial assistance, and tax provisions which have an effect of encouraging the destruction, degradation, protection or enhancement of wetlands, including:
 
*(A) Assistance for normal forest management activities which include, plowing, seeding, planting, cultivation, minor drainage, or harvesting for the purpose of fiber production or forest products;
*(B) Federal expenditures required incident to studies, evaluations, design, construction, operation, maintenance, or rehabilitation of Federal water resources development activities which includes channel improvements;
*(C) Purchases program, commodity loans, and cotton, feed grain, wheat, and rice production stabilization programs administered by the Department of Agriculture; and
*(D) Federal expenditures for construction of publicly owned or publicly operated highways, roads, structures, or facilities that are essential links in a larger network or system.
 
(7) Recommendation on how conservation of wetlands resources which is based on an evaluation and comparison of all management alternatives, combinations of management alternatives, like State and local actions, Federal actions, and initiatives by private organizations and individuals.<ref name="autogenerated9">{{cite web|url=http://us-code.vlex.com/vid/sec-reports-congress-19236589 |title=U.S. Code – Title 16: Conservation – Reports to Congress |publisher=us-code.vlex.com |date= |accessdate=2012-03-28}}</ref>
 
==References==
Line 362 ⟶ 85:
 
== External links ==
{{Commons category|Wetlands}}
* [http://www.fws.gov/laws/ FWS Info: Fish and Wildlife Service: Congressional and Legislative Affairs]
* [http://www.fws.gov/refuges/ Refuge Info: National Wildlife Refuge System]
* [http://www.fws.gov/bayousauvage/ WetlandInfo: Bayou Sauvage National Wildlife Refuge]
* [http://www.derm.qld.gov.au/wetlandinfo/site/index.html WetlandInfo: Queensland Department Environment and Natural Resource]
* [http://www.fws.gov/wetlands/ US Fish & Wildlife Service: National Wetlands Inventory]
* {{fr}}[http://www.forum-marais-atl.com/ Pôle-relais zones humides littorales de la façade atlantique, Manche et Mer du Nord]
* [http://www.esterosdelibera.com/ Marshlands of Iberá] (in English and Spanish)
* [http://www.nal.usda.gov/wqic/wetl.shtml Wetlands] Water Quality Information Center, U.S. Department of Agriculture
* [http://www.centrostudinatura.it/ Centro Studi Naturalistici]
* [http://blog.sprlaw.com/category/wetlands/ Wetlands legal updates]
* [http://www.wwf.org.hk/eng/maipo/?source=fp-topmenu Wetland of Hong Kong]
* [http://www.forum-marais-atl.com/ Forum des Marais Atlantiques - Pôle-relais zones humides littorales de la façade atlantique, Manche et Mer du Nord]
* [http://www.wetlands.org Wetlands International - A non-profit global organisation to sustain and restore wetlands, their resources and biodiversity for future generations]
**[http://www.afrique.wetlands.org Wetlands International Africa]
**[http://www.lac.wetlands.org Wetlands International Latin America & the Caribbean]
**[http://www.wetlands.or.id Wetlands International Indonesia]
**[http://www.japan.wetlands.org Wetlands International Japan]
**[http://www.ramsar.org Ramsar Convention on Wetlands]
 
{{Presidency of Ronald Reagan}}
{{US Environmental law}}
{{United States policy}}
{{authority control}}
 
{{DEFAULTSORT:Environmental Policy Of The United States}}
[[Category:1986 in the environment]]
 
[[Category:1986 in American law]]
 
[[Category:1986 in law]]
[[Category:99th United States Congress]]
[[Category:United States federal environmental legislation|Emergency Wetlands Resources Act]]
[[Category:LegalWetlands articlesof withoutthe infoboxesUnited States]]
[[Category:WetlandsPresidency inof theRonald United StatesReagan]]
[[Category:United States federal law]]
Retrieved from "https://en.wikipedia.org/wiki/Emergency_Wetlands_Resources_Act"