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000345 DRAFT-Not for distribution agreements with Canada, Mexico, and other countries." The North American Waterfowl Management Plan is an international agreement between the three countries for the long-term protection of wetland/upland habitats on which waterfowl and other migratory birds in North America depend. The Act establishes the North American Wetlands Conservation Councies that recommends "wetlands conservation projects" to the Migratory Bird Conservation Commission.36 The Council recommends "wetlands conservation projects" to the Migratory Bird Conservation Commission. The Commission approves, reprioritizes or rejects the recommended projects, thereby qualifying them for funding.37 Fifty percent to seventy percent of the funding authorized within the grant program in any given fiscal year is earmarked for the U.S.' federal share of projects authorized in Mexico and Canada.38 Also, the U.S.' federal share may not exceed more than 50 % ofthe individual project's cost in any given year.39 The non- federal share of United States contributions to the project cannot be derived from federal grant programs. The statute does not preclude the contribution of other federal fants directly to Canada or Mexico in order to support foreign contributions to the project. 0 Grants for projects in Mexico or Canada are "subject to 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 dependent thereon." Real property and interests purchased do not become part of the National Wildlife Refuge System. Their ac~uisition is not subject to U.S. law governing acquisitions of property for inclusion in that system. 1 The Secretary of the Interior recommends the purchase or rental of an area to the Commission.42 These are considered at the same meetings in which recommendations of the North American Wetlands Conservation Council are considered. Once the "areas or interests therein" have been approved by the Commission, the Secretary of the Interior may purchase them at the prices fixed by the Commission.43 The Secretary ofthe Interior may also acquire any area or interests therein which she determines to be suitable for use as an inviolate sanctuary for migratory birds, by gift or devise, without Commission authorization.44 The Migratory Bird Treaty Act,45 authorized the Secretary of the Interior to regulate the hunting, capture, killing, possession, sale, purchase, shipment, tran~ortation, exportation or importation of migratory birds addressed by the 1936 Convention.4 On January 11,2001, President Clinton issued an Executive Order "in furtherance of the purposes of the migratory bird conventions" and the Migratory Bird Treaty Act. The Executive Order directed federal agencies to complete memoranda of understanding with the U.S. Fish and Wildlife Service and, pursuant to those MOU's, "restore and enhance the habitat of migratory birds, as practicable" and "promote migratory bird conservation in international activities and with other countries and international partners, in consultation with the Department of State, as appropriate or relevant to the agency's authorities." Another relevant statute, predating the 1936 Convention is the Migratory Bird Conservation Act of 1929,47 That Act established the Migratory Bird Conservation Commission to approve land or water interests to be purchased for the National Wildlife Refuge System with monies from the Migratory Bird Conservation Fund.48 The statute does not specifically limit the 4