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

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[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.)