National
United States
TITLE 16 Conservation Chapter 26 Estuarine Areas -- Estuary Protection Act

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[Laws in effect as of January 20, 2004]
[Document not affected by Public Laws enacted between
  January 20, 2004 and December 23, 2004]
[CITE: 16USC1221]

 
                         TITLE 16--CONSERVATION
 
                       CHAPTER 26--ESTUARINE AREAS
 
Sec. 1221. Congressional declaration of policy

    Congress finds and declares that many estuaries in the United States 
are rich in a variety of natural, commercial, and other resources, 
including environmental natural beauty, and are of immediate and 
potential value to the present and future generations of Americans. It 
is therefore the purpose of this chapter to provide a means for 
considering the need to protect, conserve, and restore these estuaries 
in a manner that adequately and reasonably maintains a balance between 
the national need for such protection in the interest of conserving the 
natural resources and natural beauty of the Nation and the need to 
develop these estuaries to further the growth and development of the 
Nation. In connection with the exercise of jurisdiction over the 
estuaries of the Nation and in consequence of the benefits resulting to 
the public, it is declared to be the policy of Congress to recognize, 
preserve, and protect the responsibilities of the States in protecting, 
conserving, and restoring the estuaries in the United States.

(Pub. L. 90-454, Sec. 1, Aug. 3, 1968, 82 Stat. 625.)

Sec. 1222. General study and inventory of estuaries and their 
        natural resources
        

(a) Estuaries included; considerations; other applicable studies

    The Secretary of the Interior, in consultation and in cooperation 
with the States, the Secretary of the Army, and other Federal agencies, 
shall conduct directly or by contract a study and inventory of the 
Nation's estuaries, including without limitation coastal marshlands, 
bays, sounds, seaward areas, lagoons, and land and waters of the Great 
Lakes. For the purpose of this study, the Secretary shall consider, 
among other matters, (1) their wildlife and recreational potential, 
their ecology, their value to the marine, anadromous, and shell 
fisheries and their esthetic value, (2) their importance to navigation, 
their value for flood, hurricane, and erosion control, their mineral 
value, and the value of submerged lands underlying the waters of the 
estuaries, and (3) the value of such areas for more intensive 
development for economic use as part of urban developments and for 
commercial and industrial developments. This study and inventory shall 
be carried out in conjunction with the comprehensive estuarine pollution 
study authorized by section 5(g) of the Federal Water Pollution Control 
Act, as amended [33 U.S.C. 1254(n)], and other applicable studies.

(b) Federal or State land acquisition or administration; other 
        protective methods

    The study shall focus attention on whether any land or water area 
within an estuary and the Great Lakes should be acquired or administered 
by the Secretary or by a State or local subdivision thereof, or whether 
such land or water area may be protected adequately through local, 
State, or Federal laws or other methods without Federal land acquisition 
or administration.

(c) Report to Congress; recommendations; authorization for acquisition 
        of lands; consultation with States and Federal agencies; 
        accompanying statement of views, probable effects, and major 
        trends

    The Secretary of the Interior shall, not later than January 30, 
1970, submit to the Congress through the President a report of the study 
conducted pursuant to this section, together with any legislative 
recommendations, including recommendations on the feasibility and 
desirability of establishing a nationwide system of estuarine areas, the 
terms, conditions, and authorities to govern such system, and the 
designation and acquisition of any specific estuarine areas of national 
significance which he believes should be acquired by the United States. 
No lands within such area may be acquired until authorized by subsequent 
Act of Congress. Recommendations made by the Secretary for the 
acquisition of any estuarine area shall be developed in consultation 
with the States, municipalities, and other interested Federal agencies. 
Each such recommendation shall be accompanied by (1) expressions of any 
views which the interested States, municipalities, and other Federal 
agencies and river basin commissions may submit within sixty days after 
having been notified of the proposed recommendations, (2) a statement 
setting forth the probable effect of the recommended action on any 
comprehensive river basin plan that may have been adopted by Congress or 
that is serving as a guide for coordinating Federal programs in the 
basin wherein such area is located, (3) in the absence of such a plan, a 
statement indicating the probable effect of the recommended action on 
alternative beneficial users of the resources of the proposed estuarine 
area, and (4) a discussion of the major economic, social, and ecological 
trends occurring in such area.

(d) Authorization of appropriations

    There is authorized to be appropriated not to exceed $250,000 for 
fiscal year 1969 and $250,000 for fiscal year 1970 to carry out the 
provisions of this section. Such sums shall be available until expended.

(Pub. L. 90-454, Sec. 2, Aug. 3, 1968, 82 Stat. 626.)

                       References in Text

    Section 5(g) of the Federal Water Pollution Control Act, as amended, 
referred to in text, was originally classified to section 466c(g) of 
Title 33, Navigation and Navigable Waters. Section 5(g) of the Act was 
redesignated as section 5(m) by sec. 105(l) of Pub. L. 91-224, Apr. 3, 
1970, 84 Stat. 111, and was reclassified to section 1155(m) of Title 33. 
The Federal Water Pollution Control Act was amended generally by sec. 2 
of Pub. L. 92-500, Oct. 18, 1972, 86 Stat. 816, and the provisions 
relating to comprehensive estuarine pollution study are contained in 
section 104(n), which is classified to section 1254(n) of Title 33.

Sec. 1223. Agreements with States and subdivisions; equitable 
        sharing of costs; development improvements; availability of 
        appropriations; State hunting and fishing laws applicable
        
    After the completion of the general study authorized by section 1222 
of this title, the Secretary of the Interior, with the approval of the 
President, may enter into an agreement, containing such terms and 
conditions as are mutually acceptable, with any State or with a 
political subdivision or agency thereof (if the agreement with such 
subdivision or agency is first approved by the Governor of the State 
involved or by a State agency designated for that purpose) for the 
permanent management, development, and administration of any area, land, 
or interests therein within an estuary and adjacent lands which are 
owned or thereafter acquired by a State or by any political subdivision 
thereof: Provided, That, with the approval of the Governor of the State 
involved or of a State agency designated for that purpose, the Secretary 
may also enter into such an agreement for any particular area whenever 
the segment of the general study applicable to that area is completed 
subject to the provisions of subsections (a) and (b) of section 1222 of 
this title. Such agreement shall, among other things, provide that the 
State or a political subdivision or agency thereof and the Secretary 
shall share in an equitable manner in the cost of managing, 
administering, and developing such areas, and such development may 
include the construction, operation, installation, and maintenance of 
buildings, devices, structures, recreational facilities, access roads, 
and other improvements, and such agreement shall be subject to the 
availability of appropriations. State hunting and fishing laws and 
regulations shall be applicable to such areas to the extent they are now 
or hereafter applicable.

(Pub. L. 90-454, Sec. 3, Aug. 3, 1968, 82 Stat. 627.)

Sec. 1224. Commercial and industrial development considerations; 
        reports to Congress; recommendations
        
    In planning for the use or development of water and land resources, 
all Federal agencies shall give consideration to estuaries and their 
natural resources, and their importance for commercial and industrial 
developments, and all project plans and reports affecting such estuaries 
and resources submitted to the Congress shall contain a discussion by 
the Secretary of the Interior of such estuaries and such resources and 
the effects of the project on them and his recommendations thereon. The 
Secretary of the Interior shall make his recommendations within ninety 
days after receipt of such plans and reports.

(Pub. L. 90-454, Sec. 4, Aug. 3, 1968, 82 Stat. 627.)


Sec. 1225. State consideration of protection and restoration of 
        estuaries in State comprehensive planning and proposals for 
        financial assistance under certain Federal laws; grants: terms 
        and conditions, prohibition against disposition of lands without 
        approval of the Secretary
        
    The Secretary of the Interior shall encourage States and local 
subdivisions thereof to consider, in their comprehensive planning and 
proposals for financial assistance under the Federal Aid in Wildlife 
Restoration Act (50 Stat. 917), as amended (16 U.S.C. 669 et seq.), the 
Federal Aid in Fish Restoration Act (64 Stat. 430), as amended (16 
U.S.C. 777 et seq.), the Land and Water Conservation Fund Act of 1965 
(78 Stat. 897) [16 U.S.C. 460l-4 et seq.], the Commercial Fisheries 
Research and Development Act of 1964 \1\ (78 Stat. 197) [16 U.S.C. 779 
et seq.], and the Anadromous and Great Lakes Fisheries Conservation Act 
of October 30, 1965 (79 Stat. 1125) [16 U.S.C. 757a et seq.], the needs 
and opportunities for protecting and restoring estuaries in accordance 
with the purposes of this Act. In approving grants made pursuant to said 
laws for the acquisition of all or part of an estuarine area by a State, 
the Secretary shall establish such terms and conditions as he deems 
desirable to insure the permanent protection of such areas, including a 
provision that the lands or interests therein shall not be disposed of 
by sale, lease, donation, or exchange without the prior approval of the 
Secretary.
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    \1\ See References in Text note below.
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(Pub. L. 90-454, Sec. 5, Aug. 3, 1968, 82 Stat. 627.)

                       References in Text

    The Federal Aid in Wildlife Restoration Act, as amended, referred to 
in text, is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended, also 
known as the Pittman-Robertson Wildlife Restoration Act, which is 
classified generally to chapter 5B (Sec. 669 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 669 of this title and Tables.
    The Federal Aid in Fish Restoration Act, as amended, referred to in 
text, is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended, also known 
as the Dingell-Johnson Sport Fish Restoration Act and the Fish 
Restoration and Management Projects Act, which is classified generally 
to chapter 10B (Sec. 777 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 777 of this title and Tables.
    The Land and Water Conservation Fund Act of 1965, referred to in 
text, is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which 
is classified generally to part B (Sec. 460l-4 et seq.) of subchapter 
LXIX of chapter 1 of this title. For complete classification of this Act 
to the Code, see Short Title note set out under section 460l-4 of this 
title and Tables.
    The Commercial Fisheries Research and Development Act of 1964, 
referred to in text, is Pub. L. 88-309, May 20, 1964, 78 Stat. 197, as 
amended, which was classified generally to chapter 10D (Sec. 779 et 
seq.) of this title, was repealed by Pub. L. 99-659, title III, 
Sec. 309, Nov. 14, 1986, 100 Stat. 3736.
    The Anadromous and Great Lakes Fisheries Conservation Act of October 
30, 1965, referred to in text, probably means the Anadromous Fish 
Conservation Act, Pub. L. 89-304, Oct. 30, 1965, 79 Stat. 1125, as 
amended, which is classified generally to sections 757a to 757g of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 757a of this title and Tables.


Sec. 1226. Federal agency authority to carry out Federal project 
        within an estuary unaffected
        
    Nothing in this chapter shall be construed to affect the authority 
of any Federal agency to carry out any Federal project heretofore or 
hereafter authorized within an estuary.

(Pub. L. 90-454, Sec. 6, Aug. 3, 1968, 82 Stat. 628.)