PUBLIC LAW 101-233—DEC. 13, 1989 103 STAT. 1973 (d) COUNCIL REPRESENTATION ON MIGRATORY BIRD CONSERVATION COMMISSION. —The Chairman of the Council shall select one Council member of the United States citizenship to serve with the Chairman as ex officio members of the Migratory Bird Conservation Commis- sion for the purposes of considering and voting upon wetlands conservation projects recommended by the Council. (e) APPROVAL OF COUNCIL RECOMMENDATIONS BY THE MIGRATORY BIRD CONSERVATION COMMISSION. —The Migratory Bird Conservation Commission, along with the two members of the Council referred to in subsection (d) of this section, shall approve, reject or reorder the priority of any wetlands conservation projects recommended by the Council based on, to the greatest extent practicable, the criteria of subsection (a) of this section. If the Migratory Bird Conservation Commission approves any wetlands conservation project, Federal funding shall be made available under this Act and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act. If the Migratory Bird Conservation Commission rejects or reorders the priority of any wetlands conservation project rec- ommended by the Council, the Migratory Bird Conservation Commission shall provide the Council and the appropriate Commit- tees with a written statement explaining its rationale for the rejec- tion or the priority modification. (f) NOTIFICATION OF APPROPRIATE COMMITTEES. —The Migratory Reports. Bird Conservation Commission shall submit annually to the appro- priate Committees a report including a list and description of the wetlands conservation projects approved by the Migratory Bird Conservation Commission for Federal funding under subsection (d) of this section in order of priority; the amounts and sources of Federal and non-Federal funding for such projects; a justification for the approval of such projects and the order of priority for funding such projects; a list and description of the wetlands conservation projects which the Council recommended, in order of priority that the Migratory Bird Conservation Commission approve for Federal fund- ing; and a justification for any rejection or re-ordering of the priority of wetlands conservation projects recommended by the Council that was based on factors other than the criteria of section 5(a) of this Act. SEC. 6. CONDITIONS RELATING TO WETLANDS CONSERVATION PROJECTS. (a) PROJECTS IN THE UNITED STATES. —(1) Subject to the allocation requirements of section 8(a)(2) and the limitations on Federal con- tributions under section 8(b) of this Act, the Secretary shall assist in carrying out wetlands conservation projects in the United States, which have been approved by the Migratory Bird Conservation Commission, with the Federal funds made available under this Act and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act. (2) Except as provided in paragraph (3), any lands or waters or interests therein acquired in whole or in part by the Secretary with the Federal funds made available under this Act and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act, to carry out wetlands conservation projects shall be included in the National Wildlife Refuge System. (3) In lieu of including in the National Wildlife Refuge System any lands or waters or interests therein acquired under this Act, the Secretary may, with the concurrence of the Migratory Bird Con- servation Commission, grant or otherwise provide the Federal funds made available under this Act and section 3(b) of the Act of Septem- National Wildlife Refuge System. 16 USC 4405. Real property.
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