2016 US Code
Title 16 - Conservation
Chapter 64 - North American Wetlands Conservation
Sec. 4403 - Establishment of North American Wetlands Conservation Council

(1) There shall be established a North American Wetlands Conservation Council (hereinafter in this chapter referred to as the "Council") which shall consist of nine members who may not receive compensation as members of the Council. Of the Council members—

The provisions of Public Law 92–463, as amended, shall not apply to the Council.

(2) The Secretary shall appoint an alternate member of the Council who shall be knowledgeable and experienced in matters relating to fish, wildlife, and wetlands conservation and who shall perform the duties of a Council member appointed under subsection (a)(1)(C) or subsection (a)(1)(D) of this section—

(1) Except as provided in paragraphs (2) and (3), the term of office of a member of the Council appointed under subsections (a)(1)(C) and (a)(1)(D) of this section is three years.

(2) Of the Council members first appointed under subsection (a)(1)(C) of this section after December 13, 1989, one shall be appointed for a term of one year, one shall be appointed for a term of two years, and two shall be appointed for a term of three years.

(3) Of the Council members first appointed under subsection (a)(1)(D) of this section after December 13, 1989, one shall be appointed for a term of one year, one shall be appointed for a term of two years, and one shall be appointed for a term of three years.

(4) Whenever a vacancy occurs among members of the Council appointed under subsection (a)(1)(C) or subsection (a)(1)(D) of this section, the Secretary shall appoint an individual in accordance with either such subsection to fill that vacancy for the remainder of the applicable term.

The Secretary is authorized and encouraged to include as ex officio nonvoting members of the Council representatives of—

The Chairman shall be elected by the Council from its members for a three-year term, except that the first elected Chairman may serve a term of less than three years.

A majority of the current membership of the Council shall constitute a quorum for the transaction of business.

The Council shall meet at the call of the Chairman at least once a year. Council meetings shall be open to the public, and the Chairman shall take appropriate steps to provide adequate notice to the public of the time and place of such meetings. If a Council member appointed under subsection (a)(1)(C) or (a)(1)(D) of this section misses three consecutive regularly scheduled meetings, the Secretary may remove that individual in accordance with subsection (b)(4).

The Director of the United States Fish and Wildlife Service shall appoint an individual who shall serve at the pleasure of the Director and—

(Pub. L. 101–233, §4, Dec. 13, 1989, 103 Stat. 1970; Pub. L. 101–593, title I, §112(1)–(3), Nov. 16, 1990, 104 Stat. 2962; Pub. L. 107–308, §8(a)(6), (7), (b)(1), Dec. 2, 2002, 116 Stat. 2447, 2448.)

The National Environmental Policy Act of 1969, referred to in subsec. (a)(1)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Public Law 92–463, referred to in subsec. (a)(1), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, known as the Federal Advisory Committee Act, which is set out in the Appendix to Title 5, Government Organization and Employees.

2002—Subsec. (a)(1)(A). Pub. L. 107–308, §8(b)(1), amended directory language of Pub. L. 101–593, §112(1). See 1990 Amendment note below.

Subsec. (a)(1)(B). Pub. L. 107–308, §8(a)(6), substituted "section 3702(g)(2)(B)" for "section 3702(2)(B)".

Subsec. (c). Pub. L. 107–308, §8(a)(7), substituted "Council" for "Commission" in introductory provisions.

1990—Subsec. (a)(1). Pub. L. 101–593, §112(2), inserted sentence at end relating to Public Law 92–463.

Subsec. (a)(1)(A). Pub. L. 101–593, §112(1), as amended by Pub. L. 107–308, §8(b)(1), inserted ", who shall be the responsible Federal official for ensuring Council compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)" after "Service".

Subsec. (f). Pub. L. 101–593, §112(3), inserted ", and the Chairman shall take appropriate steps to provide adequate notice to the public of the time and place of such meetings" after "open to the public".

Pub. L. 107–308, §8(b)(2), Dec. 2, 2002, 116 Stat. 2448, provided that: "Paragraph (1) of this subsection [amending this section] shall be effective on and after the effective date of section 112(1) of Public Law 101–593 (104 Stat. 2962) [Nov. 16, 1990]."

Pub. L. 105–312, title III, §304, Oct. 30, 1998, 112 Stat. 2958, provided that:

"(a) In General.—Notwithstanding section 4(a)(1)(D) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D)), during the period of 1999 through 2002, the membership of the North American Wetlands Conservation Council under section 4(a)(1)(D) of that Act shall consist of—

"(b) Publication of Policy.—Not later than June 30, 1999, the Secretary of the Interior shall publish in the Federal Register, after notice and opportunity for public comment, a policy for making appointments under section 4(a)(1)(D) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D))."