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(continued) body.
(2) The maintenance or construction of improvements of existing
Federal navigation channels (including the Intracoastal Waterway)
and related structures (such as jetties), including the disposal
of dredge materials related to such maintenance or construction.
(3) The maintenance, replacement, reconstruction, or repair,
but not the expansion, of publicly owned or publicly operated
roads, structures, or facilities that are essential links in a
larger network or system.
(4) Military activities essential to national security.
(5) The construction, operation, maintenance, and
rehabilitation of Coast Guard facilities and access thereto.
(6) Any of the following actions or projects, if a particular
expenditure or the making available of particular assistance for
the action or project is consistent with the purposes of this
chapter:
(A) Projects for the study, management, protection, and
enhancement of fish and wildlife resources and habitats,
including acquisition of fish and wildlife habitats and related
lands, stabilization projects for fish and wildlife habitats,
and recreational projects.
(B) Establishment, operation, and maintenance of air and
water navigation aids and devices, and for access thereto.
(C) Projects under the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-4 through 11) and the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.).
(D) Scientific research, including aeronautical, atmospheric,
space, geologic, marine, fish and wildlife, and other research,
development, and applications.
(E) Assistance for emergency actions essential to the saving
of lives and the protection of property and the public health
and safety, if such actions are performed pursuant to sections
5170a, 5170b, and 5192 of title 42 and section 1362 (!1) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4103) and are
limited to actions that are necessary to alleviate the
emergency.
(F) Maintenance, replacement, reconstruction, or repair, but
not the expansion (except with respect to United States route 1
in the Florida Keys), of publicly owned or publicly operated
roads, structures, and facilities.
(G) Nonstructural projects for shoreline stabilization that
are designed to mimic, enhance, or restore a natural
stabilization system.
(b) Existing Federal navigation channels
For purposes of subsection (a)(2) of this section, a Federal
navigation channel or a related structure is an existing channel or
structure, respectively, if it was authorized before the date on
which the relevant System unit or portion of the System unit was
included within the System.
(c) Expansion of highways in Michigan
The limitations on the use of Federal expenditures or financial
assistance within the System under subsection (a)(3) of this
section shall not apply to a highway -
(1) located in a unit of the System in Michigan; and
(2) in existence on November 16, 1990.
(d) Services and facilities outside System
(1) In general
Except as provided in paragraphs (2) and (3) of this
subsection, limitations on the use of Federal expenditures or
financial assistance within the System under section 3504 of this
title shall not apply to expenditures or assistance provided for
services or facilities and related infrastructure located outside
the boundaries of unit T-11 of the System (as depicted on the
maps referred to in section 3503(a) of this title) which relate
to an activity within that unit.
(2) Prohibition of flood insurance coverage
No new flood insurance coverage may be provided under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) for
any new construction or substantial improvements relating to
services or facilities and related infrastructure located outside
the boundaries of unit T-11 of the System that facilitate an
activity within that unit that is not consistent with the
purposes of this chapter.
(3) Prohibition of HUD assistance
(A) In general
No financial assistance for acquisition, construction, or
improvement purposes may be provided under any program
administered by the Secretary of Housing and Urban Development
for any services or facilities and related infrastructure
located outside the boundaries of unit T-11 of the System that
facilitate an activity within that unit that is not consistent
with the purposes of this chapter.
(B) "Financial assistance" defined
For purposes of this paragraph, the term "financial
assistance" includes any contract, loan, grant, cooperative
agreement, or other form of assistance, including the insurance
or guarantee of a loan, mortgage, or pool of mortgages.
-SOURCE-
(Pub. L. 97-348, Sec. 6, Oct. 18, 1982, 96 Stat. 1656; Pub. L.
100-707, title I, Sec. 109(h), Nov. 23, 1988, 102 Stat. 4709; Pub.
L. 101-591, Sec. 5(a), Nov. 16, 1990, 104 Stat. 2934.)
-REFTEXT-
REFERENCES IN TEXT
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (a)(6)(C), 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 Coastal Zone Management Act of 1972, referred to in subsec.
(a)(6)(C), is title III of Pub. L. 89-454, as added by Pub. L.
92-583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is
classified generally to chapter 33 (Sec. 1451 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1451 of this title and
Tables.
Section 1362 of the National Flood Insurance Act of 1968 (42
U.S.C. 4103), referred to in subsec. (a)(6)(E), was repealed by
Pub. L. 103-325, title V, Sec. 551(a), Sept. 23, 1994, 108 Stat.
2269.
The National Flood Insurance Act of 1968, referred to in subsec.
(d)(2), is title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat.
572, as amended, which is classified principally to chapter 50
(Sec. 4001 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title
note set out under section 4001 of Title 42 and Tables.
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-591 amended section generally, substituting
substantially similar provisions in subsec. (a), substituting "a
Federal navigation channel or a related structure is an existing
channel or structure, respectively, if it was authorized before the
date on which the relevant System unit or portion of the System
unit was included within the System" for "a channel improvement or
a related structure shall be treated as an existing improvement or
an existing related structure only if all, or a portion, of the
moneys for such improvement or structure was appropriated before
October 18, 1982" in subsec. (b), and adding subsecs. (c) and (d).
1988 - Subsec. (a)(6)(E). Pub. L. 100-707 substituted reference
to sections 5170a, 5170b, and 5192 of title 42 for reference to
sections 5145 and 5146 of title 42.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-MISC2-
EXPANSION OF HIGHWAYS IN MICHIGAN
Section 204(d) of Pub. L. 100-707 exempted existing highways in
Michigan from limitations on the use of Federal expenditures or
financial assistance within the Coastal Barrier Resources System
under 16 U.S.C. 3505(a)(3) if the Congress added new units to the
Coastal Barrier Resources System under 16 U.S.C. 3503, and those
units included portions of United States or State highways in the
State of Michigan, prior to repeal by Pub. L. 101-591, Sec. 5(b),
Nov. 16, 1990, 104 Stat. 2936. See section 3505(c) of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3504 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 3506 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 55 - COASTAL BARRIER RESOURCES
-HEAD-
Sec. 3506. Certification of compliance
-STATUTE-
(a) Regulations
Not later than 12 months after November 16, 1990, the head of
each Federal agency affected by this chapter shall promulgate
regulations to assure compliance with the provisions of this
chapter.
(b) Certification
The head of each Federal agency affected by this chapter shall
report and certify that each such agency is in compliance with the
provisions of this chapter. Such reports and certifications shall
be submitted annually to the Committees and the Secretary.
-SOURCE-
(Pub. L. 97-348, Sec. 7, Oct. 18, 1982, 96 Stat. 1657; Pub. L.
101-591, Sec. 14, Nov. 16, 1990, 104 Stat. 2941.)
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-591 amended section generally. Prior to
amendment, section read as follows: "The Director of the Office of
Management and Budget shall, on behalf of each Federal agency
concerned, make written certification that each such agency has
complied with the provisions of this chapter during each fiscal
year beginning after September 30, 1982. Such certification shall
be submitted on an annual basis to the House of Representatives and
the Senate pursuant to the schedule required under the
Congressional Budget and Impoundment Control Act of 1974."
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(b) of this section relating to annually submitting reports and
certifications to the Committee on Resources of the House of
Representatives and the Committee on Environment and Public Works
of the Senate, see section 3003 of Pub. L. 104-66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance,
and page 42 of House Document No. 103-7.
-End-
-CITE-
16 USC Sec. 3507 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 55 - COASTAL BARRIER RESOURCES
-HEAD-
Sec. 3507. Priority of laws
-STATUTE-
Nothing contained in this chapter shall be construed as
indicating an intent on the part of the Congress to change the
existing relationship of other Federal laws to the law of a State,
or a political subdivision of a State, or to relieve any person of
any obligation imposed by any law of any State, or political
subdivision of a State. No provision of this chapter shall be
construed to invalidate any provision of State or local law unless
there is a direct conflict between such provision and the law of
the State, or political subdivision of the State, so that the two
cannot be reconciled or consistently stand together. This chapter
shall in no way be interpreted to interfere with a State's right to
protect, rehabilitate, preserve, and restore lands within its
established boundary.
-SOURCE-
(Pub. L. 97-348, Sec. 8, Oct. 18, 1982, 96 Stat. 1658.)
-End-
-CITE-
16 USC Sec. 3508 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 55 - COASTAL BARRIER RESOURCES
-HEAD-
Sec. 3508. Separability
-STATUTE-
If any provision of this chapter or the application thereof to
any person or circumstance is held invalid, the remainder of the
chapter and the application of such provision to other persons not
similarly situated or to other circumstances shall not be affected
thereby.
-SOURCE-
(Pub. L. 97-348, Sec. 9, Oct. 18, 1982, 96 Stat. 1658.)
-End-
-CITE-
16 USC Sec. 3509 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 55 - COASTAL BARRIER RESOURCES
-HEAD-
Sec. 3509. Repealed. Pub. L. 106-514, Sec. 4(a)(3), Nov. 13, 2000,
114 Stat. 2396
-MISC1-
Section, Pub. L. 97-348, Sec. 10, Oct. 18, 1982, 96 Stat. 1658;
Pub. L. 106-167, Sec. 3(c)(4), Dec. 9, 1999, 113 Stat. 1804,
required report to Congress before the close of the 3-year period
beginning on Oct. 18, 1982.
-End-
-CITE-
16 USC Sec. 3510 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 55 - COASTAL BARRIER RESOURCES
-HEAD-
Sec. 3510. Authorization of appropriations
-STATUTE-
There is authorized to be appropriated to the Secretary to carry
out this chapter $2,000,000 for each of fiscal years 2001, 2002,
2003, 2004, and 2005.
-SOURCE-
(Pub. L. 97-348, Sec. 10, formerly Sec. 12, Oct. 18, 1982, 96 Stat.
1659; Pub. L. 101-591, Sec. 13(a), Nov. 16, 1990, 104 Stat. 2941;
Pub. L. 103-461, Sec. 1(c), Nov. 2, 1994, 108 Stat. 4804;
renumbered Sec. 10 and amended Pub. L. 106-514, Sec. 5, Nov. 13,
2000, 114 Stat. 2396.)
-MISC1-
PRIOR PROVISIONS
A prior section 10 of Pub. L. 97-348 was classified to section
3509 of this title prior to repeal by Pub. L. 106-514.
AMENDMENTS
2000 - Pub. L. 106-514 amended section generally. Prior to
amendment, section read as follows: "There are authorized to be
appropriated to the Secretary for carrying out this chapter
$2,000,000 for each of fiscal years 1995 to 1998."
1994 - Pub. L. 103-461 amended section generally. Prior to
amendment, section read as follows: "There is authorized to be
appropriated to the Secretary for carrying out this chapter not
more than $1,000,000 for each of the fiscal years 1990, 1991, 1992,
and 1993."
1990 - Pub. L. 101-591 amended section generally. Prior to
amendment, section read as follows: "There is authorized to be
appropriated to the Department of the Interior $1,000,000 for the
period beginning October 1, 1982, and ending September 30, 1985,
for purposes of carrying out sections 3503 and 3509 of this title."
-End-