---
kind: "section"
citation: "16 U.S.C. § 4405"
title: "16"
title_heading: "Conservation"
number: "4405"
heading: "Conditions relating to wetlands conservation projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4405"
units:
  - "Chapter 64 — North American Wetlands Conservation"
---

# §4405. Conditions relating to wetlands conservation projects

- (a) **Projects in United States—**
  - (1) Subject to the allocation requirements of [section 4407(a)(2) of this title](/usc/16/4407.md?p=a-2) and the limitations on Federal contributions under [section 4407(b) of this title](/usc/16/4407.md?p=b), the [Secretary](/usc/16/4402.md?p=7) shall assist in carrying out [wetlands conservation projects](/usc/16/4402.md?p=9) in the United States, which have been approved by the [Migratory Bird Conservation Commission](/usc/16/4402.md?p=4), with the Federal funds made available under this chapter and [section 669b(b) of this title](/usc/16/669b.md?p=b).
  - (2) Except as provided in [paragraph (3)](#a-3), any lands or waters or interests therein acquired in whole or in part by the [Secretary](/usc/16/4402.md?p=7) with the Federal funds made available under this chapter and [section 669b(b) of this title](/usc/16/669b.md?p=b) to carry out [wetlands conservation projects](/usc/16/4402.md?p=9) 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 chapter, the [Secretary](/usc/16/4402.md?p=7) may, with the concurrence of the [Migratory Bird Conservation Commission](/usc/16/4402.md?p=4), grant or otherwise provide the Federal funds made available under this chapter and [section 669b(b) of this title](/usc/16/669b.md?p=b) or convey any real property interest acquired in whole or in part with such funds without cost to a [State](/usc/16/4402.md?p=8) or to another public agency or other entity upon a finding by the [Secretary](/usc/16/4402.md?p=7) that the real property interests should not be included in the National Wildlife Refuge System: Provided, That any grant recipient shall have been so identified in the [project](/usc/16/410r–5.md?p=c-4) description accompanying the recommendation from the Council and approved by the [Migratory Bird Conservation Commission](/usc/16/4402.md?p=4). The [Secretary](/usc/16/4402.md?p=7) shall not convey any such interest to a [State](/usc/16/4402.md?p=8), another public agency or other entity unless the [Secretary](/usc/16/4402.md?p=7) determines that such [State](/usc/16/4402.md?p=8), agency or other entity is committed to undertake the management of the property being transferred in accordance with the objectives of this chapter, and the deed or other instrument of transfer contains provisions for the reversion of title to the property to the United States if such [State](/usc/16/4402.md?p=8), agency or other entity fails to manage the property in accordance with the objectives of this chapter. Any real property interest conveyed pursuant to this paragraph shall be subject to such terms and conditions that will ensure that the interest will be administered for the long-term conservation and management of the wetland ecosystem and the [fish and wildlife](/usc/16/3102.md?p=17) dependent thereon.
- (b) **Projects in Canada or Mexico—** Subject to the allocation requirements of [section 4407(a)(1) of this title](/usc/16/4407.md?p=a-1) and the limitations on Federal contributions under [section 4407(b) of this title](/usc/16/4407.md?p=b), the [Secretary](/usc/16/4402.md?p=7) shall grant or otherwise provide the Federal funds made available under this chapter and [section 669b(b) of this title](/usc/16/669b.md?p=b) to public agencies and other entities for the purpose of assisting such entities and individuals in carrying out [wetlands conservation projects](/usc/16/4402.md?p=9) in Canada or Mexico that have been approved by the [Migratory Bird Conservation Commission](/usc/16/4402.md?p=4): Provided, That the grant recipient shall have been so identified in the [project](/usc/16/410r–5.md?p=c-4) description accompanying the recommendation from the Council and approved by the [Migratory Bird Conservation Commission](/usc/16/4402.md?p=4). The [Secretary](/usc/16/4402.md?p=7) may only grant or otherwise provide Federal funds if the grant is subject to the terms and conditions that will ensure that any real property interest acquired in whole or in part, or enhanced, managed, or restored with such Federal funds will be administered for the long-term conservation and management of such wetland ecosystem and the [fish and wildlife](/usc/16/3102.md?p=17) dependent thereon. Real property and interests in real property acquired pursuant to this subsection shall not become part of the National Wildlife Refuge System. [Acquisitions](/usc/16/620e.md?p=1) of real property and interests in real property carried out pursuant to this subsection shall not be subject to any provision of Federal law governing [acquisitions](/usc/16/620e.md?p=1) of property for inclusion in the National Wildlife Refuge System.

## Source credit

(Pub. L. 101–233, § 6, Dec. 13, 1989, 103 Stat. 1973.)