Emergency Wetlands Resources Act

United States federal environmental law

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 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. 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. 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. 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, 1950’s to 1970’s” from September 1982.

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. 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.

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. 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.