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.[1] 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.
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| Long title | Emergency Wetlands Resources Act of 1986 was enacted to protect and promote conservation of the Nations wetlands and establish National Wildlife Refuges for waterfowl. |
|---|---|
| Acronyms (colloquial) | EWRA |
| Enacted by | the 99th United States Congress |
| Effective | November 10, 1986 |
| Citations | |
| Public law | P.L. 99-645 |
| Statutes at Large | 100 Stat. 3582 |
| Codification | |
| U.S.C. sections created | 16 U.S.C. § 3901-3902, § 3911-3912, § 3921-3932, & § 3931-3932 |
| Legislative history | |
| |
| Major 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 | |
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.[1][2] 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.[1]
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.[1][2]
Later amendments to the Act allowed the establishment of Demonstration Fee programs. These fee programs established entrance and recreational use fees that allowed refuges and area agencies that participated in the programs to retain 80% of all fees collected. This of course superseded the 70/30 fee allocation that was first set up by the Emergency Wetlands Resources Act of 1986. The amendments were added to the Act through the Interior Appropriation Act Sec. 315 FY 1996 (P.L. 104-4; 110 Stat. 1321), as amended by P.L. 104-28 (110 Stat. 3009), P.L. 105-18, (111 Stat. 158) and P.L. 105-83 (111 Stat. 1543).[1]
The Act of 1986 Chapter 59
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.
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.
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.[3]
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 Passports. 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.[4]
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.[5]
Subchapter III – State and Federal Wetlands Acquisition
National Wetlands Priority Conservation Plan – 16 USC § 3921
(a) General:
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.[6]
(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.[6]
(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.[6]
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.[6]
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 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.[6]
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
National Wetlands Inventory Project – 16 USC § 3931
(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.[7]
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.[8]
References
- ^ a b c d e "Emergency Wetlands Resources Act of 1986". Fws.gov. Retrieved 2012-03-08.
- ^ a b "Wetlands Loan Act". Fws.gov. Retrieved 2012-03-08.
- ^ "U.S. Code – Title 16: Conservation". us-code.vlex.com. Retrieved 2012-03-28.
- ^ "U.S. Code – Title 16: Sale of Admission Permit at Certain Refuge Units". us-code.vlex.com. Retrieved 2012-03-28.
- ^ "U.S. Code – Title 16: Conservation – Transfer of Migratory Bird Conservation Fund". us-code.vlex.com. Retrieved 2012-03-28.
- ^ a b c d e "Title 16 " Chapter 59 " Subchapter III " § 3921". law.cornell.edu. Retrieved 2012-03-08.
- ^ "U.S. Code – Title 16: Conservation – National Wetlands Inventory Project". us-code.vlex.com. Retrieved 2012-03-28.
- ^ "U.S. Code – Title 16: Conservation – Reports to Congress". us-code.vlex.com. Retrieved 2012-03-28.
External links
- FWS Info: Fish and Wildlife Service: Congressional and Legislative Affairs
- Refuge Info: National Wildlife Refuge System
- WetlandInfo: Bayou Sauvage National Wildlife Refuge
- WetlandInfo: Queensland Department Environment and Natural Resource
- US Fish & Wildlife Service: National Wetlands Inventory
- Template:FrPôle-relais zones humides littorales de la façade atlantique, Manche et Mer du Nord
- Marshlands of Iberá (in English and Spanish)
- Wetlands Water Quality Information Center, U.S. Department of Agriculture
- Centro Studi Naturalistici
- Wetlands legal updates
- Wetland of Hong Kong
- Forum des Marais Atlantiques - Pôle-relais zones humides littorales de la façade atlantique, Manche et Mer du Nord
- Wetlands International - A non-profit global organisation to sustain and restore wetlands, their resources and biodiversity for future generations