Loading (50 kb)...'

National
United States
16 USC CHAPTER 59A - WETLANDS

-CITE-
16 USC CHAPTER 59A - WETLANDS 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 59A - WETLANDS

-HEAD-
CHAPTER 59A - WETLANDS

-MISC1-
Sec.
3951. Definitions.
3952. Priority Louisiana coastal wetlands restoration
projects.
(a) Priority project list.
(b) Federal and State project planning.
(c) Coastal wetlands restoration project benefits.
(d) Consistency.
(e) Funding of wetlands restoration projects.
(f) Cost-sharing.
3953. Louisiana coastal wetlands conservation planning.
(a) Development of conservation plan.
(b) Conservation plan goal.
(c) Elements of conservation plan.
(d) Approval of conservation plan.
(e) Modification of conservation plan.
(f) Amendments to conservation plan.
(g) Implementation of conservation plan.
(h) Federal oversight.
3954. National coastal wetlands conservation grants.
(a) Matching grants.
(b) Priority.
(c) Conditions.
(d) Cost-sharing.
(e) Partial payments.
(f) Wetlands assessment.
3955. Distribution of appropriations.
(a) Priority project and conservation planning
expenditures.
(b) Coastal wetlands conservation grants.
(c) North American wetlands conservation.
3956. General provisions.
(a) Additional authority for Corps of Engineers.
(b) Study.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 777c of this title; title
26 section 9504.

-End-



-CITE-
16 USC Sec. 3951 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 59A - WETLANDS

-HEAD-
Sec. 3951. Definitions

-STATUTE-
As used in this chapter, the term -
(1) "Secretary" means the Secretary of the Army;
(2) "Administrator" means the Administrator of the
Environmental Protection Agency;
(3) "development activities" means any activity, including the
discharge of dredged or fill material, which results directly in
a more than de minimus change in the hydrologic regime, bottom
contour, or the type, distribution or diversity of hydrophytic
vegetation, or which impairs the flow, reach, or circulation of
surface water within wetlands or other waters;
(4) "State" means the State of Louisiana;
(5) "coastal State" means a State of the United States in, or
bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of
Mexico, Long Island Sound, or one or more of the Great Lakes; for
the purposes of this chapter, the term also includes Puerto Rico,
the Virgin Islands, Guam, the Commonwealth of the Northern
Mariana Islands, and the Trust Territories of the Pacific
Islands, and American Samoa;
(6) "coastal wetlands restoration project" means any
technically feasible activity to create, restore, protect, or
enhance coastal wetlands through sediment and freshwater
diversion, water management, or other measures that the Task
Force finds will significantly contribute to the long-term
restoration or protection of the physical, chemical and
biological integrity of coastal wetlands in the State of
Louisiana, and includes any such activity authorized under this
chapter or under any other provision of law, including, but not
limited to, new projects, completion or expansion of existing or
on-going projects, individual phases, portions, or components of
projects and operation, maintanence (!1) and rehabilitation of
completed projects; the primary purpose of a "coastal wetlands
restoration project" shall not be to provide navigation,
irrigation or flood control benefits;

(7) "coastal wetlands conservation project" means -
(A) the obtaining of a real property interest in coastal
lands or waters, if the obtaining of such interest is subject
to terms and conditions that will ensure that the real property
will be administered for the long-term conservation of such
lands and waters and the hydrology, water quality and fish and
wildlife dependent thereon; and
(B) the restoration, management, or enhancement of coastal
wetlands ecosystems if such restoration, management, or
enhancement is conducted on coastal lands and waters that are
administered for the long-term conservation of such lands and
waters and the hydrology, water quality and fish and wildlife
dependent thereon;

(8) "Governor" means the Governor of Louisiana;
(9) "Task Force" means the Louisiana Coastal Wetlands
Conservation and Restoration Task Force which shall consist of
the Secretary, who shall serve as chairman, the Administrator,
the Governor, the Secretary of the Interior, the Secretary of
Agriculture and the Secretary of Commerce; and
(10) "Director" means the Director of the United States Fish
and Wildlife Service.

-SOURCE-
(Pub. L. 101-646, title III, Sec. 302, Nov. 29, 1990, 104 Stat.
4778.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
title", meaning title III of Pub. L. 101-646, Nov. 29, 1990, 104
Stat. 4778, which is classified principally to this chapter. For
complete classification of title III to the Code, see Short Title
note set out below and Tables.


-MISC1-
SHORT TITLE
Section 301 of title III of Pub. L. 101-646 provided that: "This
title [enacting this chapter and amending section 777c of this
title] may be cited as the 'Coastal Wetlands Planning, Protection
and Restoration Act'."


-TRANS-
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.

-FOOTNOTE-
(!1) So in original. Probably should be "maintenance".


-End-



-CITE-
16 USC Sec. 3952 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 59A - WETLANDS

-HEAD-
Sec. 3952. Priority Louisiana coastal wetlands restoration projects

-STATUTE-
(a) Priority project list
(1) Preparation of list
Within forty-five days after November 29, 1990, the Secretary
shall convene the Task Force to initiate a process to identify
and prepare a list of coastal wetlands restoration projects in
Louisiana to provide for the long-term conservation of such
wetlands and dependent fish and wildlife populations in order of
priority, based on the cost-effectiveness of such projects in
creating, restoring, protecting, or enhancing coastal wetlands,
taking into account the quality of such coastal wetlands, with
due allowance for small-scale projects necessary to demonstrate
the use of new techniques or materials for coastal wetlands
restoration.
(2) Task Force procedures
The Secretary shall convene meetings of the Task Force as
appropriate to ensure that the list is produced and transmitted
annually to the Congress as required by this subsection. If
necessary to ensure transmittal of the list on a timely basis,
the Task Force shall produce the list by a majority vote of those
Task Force members who are present and voting; except that no
coastal wetlands restoration project shall be placed on the list
without the concurrence of the lead Task Force member that the
project is cost effective and sound from an engineering
perspective. Those projects which potentially impact navigation
or flood control on the lower Mississippi River System shall be
constructed consistent with section 3953 of this title.
(3) Transmittal of list
No later than one year after November 29, 1990, the Secretary
shall transmit to the Congress the list of priority coastal
wetlands restoration projects required by paragraph (1) of this
subsection. Thereafter, the list shall be updated annually by the
Task Force members and transmitted by the Secretary to the
Congress as part of the President's annual budget submission.
Annual transmittals of the list to the Congress shall include a
status report on each project and a statement from the Secretary
of the Treasury indicating the amounts available for expenditure
to carry out this chapter.
(4) List of contents
(A) Area identification; project description. - The list of
priority coastal wetlands restoration projects shall include, but
not be limited to -
(i) identification, by map or other means, of the coastal
area to be covered by the coastal wetlands restoration project;
and
(ii) a detailed description of each proposed coastal wetlands
restoration project including a justification for including
such project on the list, the proposed activities to be carried
out pursuant to each coastal wetlands restoration project, the
benefits to be realized by such project, the identification of
the lead Task Force member to undertake each proposed coastal
wetlands restoration project and the responsibilities of each
other participating Task Force member, an estimated timetable
for the completion of each coastal wetlands restoration
project, and the estimated cost of each project.

(B) Pre-plan. - Prior to the date on which the plan required by
subsection (b) of this section becomes effective, such list shall
include only those coastal wetlands restoration projects that can
be substantially completed during a five-year period commencing
on the date the project is placed on the list.
(C) Subsequent to the date on which the plan required by
subsection (b) of this section becomes effective, such list shall
include only those coastal wetlands restoration projects that
have been identified in such plan.
(5) Funding
The Secretary shall, with the funds made available in
accordance with section 3955 of this title, allocate funds among
the members of the Task Force based on the need for such funds
and such other factors as the Task Force deems appropriate to
carry out the purposes of this subsection.
(b) Federal and State project planning
(1) Plan preparation
The Task Force shall prepare a plan to identify coastal
wetlands restoration projects, in order of priority, based on the
cost-effectiveness of such projects in creating, restoring,
protecting, or enhancing the long-term conservation of coastal
wetlands, taking into account the quality of such coastal
wetlands, with due allowance for small-scale projects necessary
to demonstrate the use of new techniques or materials for coastal
wetlands restoration. Such restoration plan shall be completed
within three years from November 29, 1990.
(2) Purpose of the plan
The purpose of the restoration plan is to develop a
comprehensive approach to restore and prevent the loss of,
coastal wetlands in Louisiana. Such plan shall coordinate and
integrate coastal wetlands restoration projects in a manner that
will ensure the long-term conservation of the coastal wetlands of
Louisiana.
(3) Integration of existing plans
In developing the restoration plan, the Task Force shall seek
to integrate the "Louisiana Comprehensive Coastal Wetlands
Feasibility Study" conducted by the Secretary of the Army and the
"Coastal Wetlands Conservation and Restoration Plan" prepared by
the State of Louisiana's Wetlands Conservation and Restoration
Task Force.
(4) Elements of the plan
The restoration plan developed pursuant to this subsection
shall include -
(A) identification of the entire area in the State that
contains coastal wetlands;
(B) identification, by map or other means, of coastal areas
in Louisiana in need of coastal wetlands restoration projects;
(C) identification of high priority coastal wetlands
restoration projects in Louisiana needed to address the areas
identified in subparagraph (B) and that would provide for the
long-term conservation of restored wetlands and dependent fish
and wildlife populations;
(D) a listing of such coastal wetlands restoration projects,
in order of priority, to be submitted annually, incorporating
any project identified previously in lists produced and
submitted under subsection (a) of this section;
(E) a detailed description of each proposed coastal wetlands
restoration project, including a justification for including
such project on the list;
(F) the proposed activities to be carried out pursuant to
each coastal wetlands restoration project;
(G) the benefits to be realized by each such project;
(H) an estimated timetable for completion of each coastal
wetlands restoration project;
(I) an estimate of the cost of each coastal wetlands
restoration project;
(J) identification of a lead Task Force member to undertake
each proposed coastal wetlands restoration project listed in
the plan;
(K) consultation with the public and provision for public
review during development of the plan; and
(L) evaluation of the effectiveness of each coastal wetlands
restoration project in achieving long-term solutions to
arresting coastal wetlands loss in Louisiana.
(5) Plan modification
The Task Force may modify the restoration plan from time to
time as necessary to carry out the purposes of this section.
(6) Plan submission
Upon completion of the restoration plan, the Secretary shall
submit the plan to the Congress. The restoration plan shall
become effective ninety days after the date of its submission to
the Congress.
(7) Plan evaluation
Not less than three years after the completion and submission
of the restoration plan required by this subsection and at least
every three years thereafter, the Task Force shall provide a
report to the Congress containing a scientific evaluation of the
effectiveness of the coastal wetlands restoration projects
carried out under the plan in creating, restoring, protecting and
enhancing coastal wetlands in Louisiana.
(c) Coastal wetlands restoration project benefits
Where such a determination is required under applicable law, the
net ecological, aesthetic, and cultural benefits, together with the
economic benefits, shall be deemed to exceed the costs of any
coastal wetlands restoration project within the State which the
Task Force finds to contribute significantly to wetlands
restoration.
(d) Consistency
(1) In implementing, maintaining, modifying, or rehabilitating
navigation, flood control or irrigation projects, other than
emergency actions, under other authorities, the Secretary, in
consultation with the Director and the Administrator, shall ensure
that such actions are consistent with the purposes of the
restoration plan submitted pursuant to this section.
(2) At the request of the Governor of the State of Louisiana, the
Secretary of Commerce shall approve the plan as an amendment to the
State's coastal zone management program approved under section 1455
of this title.
(e) Funding of wetlands restoration projects
The Secretary shall, with the funds made available in accordance
with this chapter, allocate such funds among the members of the
Task Force to carry out coastal wetlands restoration projects in
accordance with the priorities set forth in the list transmitted in
accordance with this section. The Secretary shall not fund a
coastal wetlands restoration project unless that project is subject
to such terms and conditions as necessary to ensure that wetlands
restored, enhanced or managed through that project will be
administered for the long-term conservation of such lands and
waters and dependent fish and wildlife populations.
(f) Cost-sharing
(1) Federal share
Amounts made available in accordance with section 3955 of this
title to carry out coastal wetlands restoration projects under
this chapter shall provide 75 percent of the cost of such
projects.
(2) Federal share upon conservation plan approval
Notwithstanding the previous paragraph, if the State develops a
Coastal Wetlands Conservation Plan pursuant to this chapter, and
such conservation plan is approved pursuant to section 3953 of
this title, amounts made available in accordance with section
3955 of this title for any coastal wetlands restoration project
under this section shall be 85 percent of the cost of the
project. In the event that the Secretary, the Director, and the
Administrator jointly determine that the State is not taking
reasonable steps to implement and administer a conservation plan
developed and approved pursuant to this chapter, amounts made
available in accordance with section 3955 of this title for any
coastal wetlands restoration project shall revert to 75 percent
of the cost of the project: Provided, however, that (!1) such
reversion to the lower cost share level shall not occur until the
Governor has been provided notice of, and opportunity for hearing
on, any such determination by the Secretary, the Director, and
Administrator, and the State has been given ninety days from such
notice or hearing to take corrective action.

(3) Form of State share
The share of the cost required of the State shall be from a
non-Federal source. Such State share shall consist of a cash
contribution of not less than 5 percent of the cost of the
project. The balance of such State share may take the form of
lands, easements, or right-of-way, or any other form of in-kind
contribution determined to be appropriate by the lead Task Force
member.
(4) Existing cost-sharing agreements
Paragraphs (1), (2), (3), and (5) of this subsection shall not
affect the existing cost-sharing agreements for the following
projects: Caernarvon Freshwater Diversion, Davis Pond Freshwater
Diversion, and Bonnet Carre Freshwater Diversion.
(5) Federal share in calendar years 1996 and 1997
Notwithstanding paragraphs (1) and (2), upon approval of the
conservation plan under section 3953 of this title and a
determination by the Secretary that a reduction in the
non-Federal share is warranted, amounts made available in
accordance with section 3955 of this title to carry out coastal
wetlands restoration projects under this section in calendar
years 1996 and 1997 shall provide 90 percent of the cost of such
projects.

-SOURCE-
(Pub. L. 101-646, title III, Sec. 303, Nov. 29, 1990, 104 Stat.
4779; Pub. L. 104-303, title V, Sec. 532, Oct. 12, 1996, 110 Stat.
3774.)


-MISC1-
AMENDMENTS
1996 - Subsec. (f)(4). Pub. L. 104-303, Sec. 532(1), substituted
"(3), and (5)" for "and (3)".
Subsec. (f)(5). Pub. L. 104-303, Sec. 532(2), added par. (5).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3953 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be capitalized.


-End-



-CITE-
16 USC Sec. 3953 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 59A - WETLANDS

-HEAD-
Sec. 3953. Louisiana coastal wetlands conservation planning

-STATUTE-
(a) Development of conservation plan
(1) Agreement
The Secretary, the Director, and the Administrator are directed
to enter into an agreement with the Governor, as set forth in
paragraph (2) of this subsection, upon notification of the
Governor's willingness to enter into such agreement.
(2) Terms of agreement
(A) Upon receiving notification pursuant to paragraph (1) of
this subsection, the Secretary, the Director, and the
Administrator shall promptly enter into an agreement (hereafter
in this section referred to as the "agreement") with the State
under the terms set forth in subparagraph (B) of this paragraph.
(B) The agreement shall -
(i) set forth a process by which the State agrees to develop,
in accordance with this section, a coastal wetlands
conservation plan (hereafter in this section referred to as the
"conservation plan");
(ii) designate a single agency of the State to develop the
conservation plan;
(iii) assure an opportunity for participation in the
development of the conservation plan, during the planning
period, by the public and by Federal and State agencies;
(iv) obligate the State, not later than three years after the
date of signing the agreement, unless extended by the parties
thereto, to submit the conservation plan to the Secretary, the
Director, and the Administrator for their approval; and
(v) upon approval of the conservation plan, obligate the
State to implement the conservation plan.
(3) Grants and assistance
Upon the date of signing the agreement -
(A) the Administrator shall, in consultation with the
Director, with the funds made available in accordance with
section 3955 of this title, make grants during the development
of the conservation plan to assist the designated State agency
in developing such plan. Such grants shall not exceed 75
percent of the cost of developing the plan; and
(B) the Secretary, the Director, and the Administrator shall
provide technical assistance to the State to assist it in the
development of the plan.
(b) Conservation plan goal
If a conservation plan is developed pursuant to this section, it
shall have a goal of achieving no net loss of wetlands in the
coastal areas of Louisiana as a result of development activities
initiated subsequent to approval of the plan, exclusive of any
wetlands gains achieved through implementation of section 3952 of
this title.
(c) Elements of conservation plan
The conservation plan authorized by this section shall include -
(1) identification of the entire coastal area in the State that
contains coastal wetlands;
(2) designation of a single State agency with the
responsibility for implementing and enforcing the plan;
(3) identification of measures that the State shall take in
addition to existing Federal authority to achieve a goal of no
net loss of wetlands as a result of development activities,
exclusive of any wetlands gains achieved through implementation
of section 3952 of this title;
(4) a system that the State shall implement to account for
gains and losses of coastal wetlands within coastal areas for
purposes of evaluating the degree to which the goal of no net
loss of wetlands as a result of development activities in such
wetlands or other waters has been attained;
(5) satisfactory assurances that the State will have adequate
personnel, funding, and authority to implement the plan;
(6) a program to be carried out by the State for the purpose of
educating the public concerning the necessity to conserve
wetlands;
(7) a program to encourage the use of technology by persons
engaged in development activities that will result in negligible
impact on wetlands; and
(8) a program for the review, evaluation, and identification of
regulatory and nonregulatory options that will be adopted by the
State to encourage and assist private owners of wetlands to
continue to maintain those lands as wetlands.
(d) Approval of conservation plan
(1) In general
If the Governor submits a conservation plan to the Secretary,
the Director, and the Administrator for their approval, the
Secretary, the Director, and the Administrator shall, within one
hundred and eighty days following receipt of such plan, approve
or disapprove it.
(2) Approval criteria
The Secretary, the Director, and the Administrator shall
approve a conservation plan submitted by the Governor, if they
determine that -
(A) the State has adequate authority to fully implement all
provisions of such a plan;
(B) such a plan is adequate to attain the goal of no net loss
of coastal wetlands as a result of development activities and
complies with the other requirements of this section; and
(C) the plan was developed in accordance with terms of the
agreement set forth in subsection (a) of this section.
(e) Modification of conservation plan
(1) Noncompliance
If the Secretary, the Director, and the Administrator determine
that a conservation plan submitted by the Governor does not
comply with the requirements of subsection (d) of this section,
they shall submit to the Governor a statement explaining why the
plan is not in compliance and how the plan should be changed to
be in compliance.
(2) Reconsideration
If the Governor submits a modified conservation plan to the
Secretary, the Director, and the Administrator for their
reconsideration, the Secretary, the Director, and Administrator
shall have ninety days to determine whether the modifications are
sufficient to bring the plan into compliance with requirements of
subsection (d) of this section.
(3) Approval of modified plan
If the Secretary, the Director, and the Administrator fail to
approve or disapprove the conservation plan, as modified, within
the ninety-day period following the date on which it was
submitted to them by the Governor, such plan, as modified, shall
be deemed to be approved effective upon the expiration of such
ninety-day period.
(f) Amendments to conservation plan
If the Governor amends the conservation plan approved under this
section, any such amended plan shall be considered a new plan and
shall be subject to the requirements of this section; except that
minor changes to such plan shall not be subject to the requirements
of this section.
(g) Implementation of conservation plan
A conservation plan approved under this section shall be
implemented as provided therein.
(h) Federal oversight
(1) Initial report to Congress
Within one hundred and eighty days after entering into the
agreement required under subsection (a) of this section, the
Secretary, the Director, and the Administrator shall report to
the Congress as to the status of a conservation plan approved
under this section and the progress of the State in carrying out
such a plan, including and (!1) accounting, as required under
subsection (c) of this section, of the gains and losses of
coastal wetlands as a result of development activities.

(2) Report to Congress
Twenty-four months after the initial one hundred and eighty day
period set forth in paragraph (1), and at the end of each
twenty-four-month period thereafter, the Secretary, the Director,
and the Administrator shall, report to the Congress on the status
of the conservation plan and provide an evaluation of the
effectiveness of the plan in meeting the goal of this section.

-SOURCE-
(Pub. L. 101-646, title III, Sec. 304, Nov. 29, 1990, 104 Stat.
4783.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3952 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "an".


-End-



-CITE-
16 USC Sec. 3954 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 59A - WETLANDS

-HEAD-
Sec. 3954. National coastal wetlands conservation grants

-STATUTE-
(a) Matching grants
The Director shall, with the funds made available in accordance
with section 3955 of this title, make matching grants to any
coastal State to carry out coastal wetlands conservation projects
from funds made available for that purpose.
(b) Priority
Subject to the cost-sharing requirements of this section, the
Director may grant or otherwise provide any matching moneys to any
coastal State which submits a proposal substantial in character and
design to carry out a coastal wetlands conservation project. In
awarding such matching grants, the Director shall give priority to
coastal wetlands conservation projects that are -
(1) consistent with the National Wetlands Priority Conservation
Plan developed under section 3921 of this title; and
(2) in coastal States that have established dedicated funding
for programs to acquire coastal wetlands, natural areas and open
spaces. In addition, priority consideration shall be given to
coastal wetlands conservation projects in maritime forests on
coastal barrier islands.
(c) Conditions
The Director may only grant or otherwise provide matching moneys
to a coastal State for purposes of carrying out a coastal wetlands
conservation project if the grant or provision is 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 moneys will be administered for the long-term
conservation of such lands and waters and the fish and wildlife
dependent thereon.
(d) Cost-sharing
(1) Federal share
Grants to coastal States of matching moneys by the Director for
any fiscal year to carry out coastal wetlands conservation
projects shall be used for the payment of not to exceed 50
percent of the total costs of such projects: except that such
matching moneys may be used for payment of not to exceed 75
percent of the costs of such projects if a coastal State has
established and is using one of the following for the purpose of
acquiring coastal wetlands, other natural areas or open spaces:
(A) a trust fund from which the principal is not spent; or
(B) a fund derived from a dedicated recurring source of
monies including, but not limited to, real estate transfer fees
or taxes, cigarette taxes, tax check-offs, or motor vehicle
license plate fees.
(2) Form of State share
The matching moneys required of a coastal State to carry out a
coastal wetlands conservation project shall be derived from a
non-Federal source.
(3) In-kind contributions
In addition to cash outlays and payments, in-kind contributions
of property or personnel services by non-Federal interests for
activities under this section may be used for the non-Federal
share of the cost of those activities.
(e) Partial payments
(1) The Director may from time to time make matching payments to
carry out coastal wetlands conservation projects as such projects
progress, but such payments, including previous payments, if any,
shall not be more than the Federal pro rata share of any such
project in conformity with subsection (d) of this section.
(2) The Director may enter into agreements to make matching
payments on an initial portion of a coastal wetlands conservation
project and to agree to make payments on the remaining Federal
share of the costs of such project from subsequent moneys if and
when they become available. The liability of the United States
under such an agreement is contingent upon the continued
availability of funds for the purpose of this section.
(f) Wetlands assessment
The Director shall, with the funds made available in accordance
with section 3955 of this title, direct the U.S. Fish and Wildlife
Service's National Wetland Inventory to update and digitize
wetlands maps in the State of Texas and to conduct an assessment of
the status, condition, and trends of wetlands in that State.

-SOURCE-
(Pub. L. 101-646, title III, Sec. 305, Nov. 29, 1990, 104 Stat.
4785; Pub. L. 102-212, title III, Sec. 302(a), Dec. 11, 1991, 105
Stat. 1660.)


-MISC1-
AMENDMENTS
1991 - Subsec. (d)(1). Pub. L. 102-212 substituted "has
established and is using one of the following for the purpose of
acquiring coastal wetlands, other natural areas or open spaces:
"(A) a trust fund from which the principal is not spent; or
"(B) a fund derived from a dedicated recurring source of monies
including, but not limited to, real estate transfer fees or
taxes, cigarette taxes, tax check-offs, or motor vehicle license
plate fees"
for "has established a trust fund, from which the principal is not
spent, for the purpose of acquiring coastal wetlands, other natural
area or open spaces".

EFFECTIVE DATE OF 1991 AMENDMENT
Section 302(b) of Pub. L. 102-212 provided that: "This section
[amending this section] shall apply to grants awarded in fiscal
year 1992 and each fiscal year thereafter."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3955 of this title.

-End-



-CITE-
16 USC Sec. 3955 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 59A - WETLANDS

-HEAD-
Sec. 3955. Distribution of appropriations

-STATUTE-
(a) Priority project and conservation planning expenditures
Of the total amount appropriated during a given fiscal year to
carry out this chapter, 70 percent, not to exceed $70,000,000,
shall be available, and shall remain available until expended, for
the purposes of making expenditures -
(1) not to exceed the aggregate amount of $5,000,000 annually
to assist the Task Force in the preparation of the list required
under this chapter and the plan required under this chapter,
including preparation of -
(A) preliminary assessments;
(B) general or site-specific inventories;
(C) reconnaissance, engineering or other studies;
(D) preliminary design work; and
(E) such other studies as may be necessary to identify and
evaluate the feasibility of coastal wetland restoration
projects;

(2) to carry out coastal wetlands restoration projects in
accordance with the priorities set forth on the list prepared
under this chapter;
(3) to carry out wetlands restoration projects in accordance
with the priorities set forth in the restoration plan prepared
under this chapter;
(4) to make grants not to exceed $2,500,000 annually or
$10,000,000 in total, to assist the agency designated by the
State in development of the Coastal Wetlands Conservation Plan
pursuant to this chapter.
(b) Coastal wetlands conservation grants
Of the total amount appropriated during a given fiscal year to
carry out this chapter, 15 percent, not to exceed $15,000,000 shall
be available, and shall remain available to the Director, for
purposes of making grants -
(1) to any coastal State, except States eligible to receive
funding under subsection (a) of this section, to carry out
coastal wetlands conservation projects in accordance with section
3954 of this title; and
(2) in the amount of $2,500,000 in total for an assessment of
the status, condition, and trends of wetlands in the State of
Texas.
(c) North American wetlands conservation
Of the total amount appropriated during a given fiscal year to
carry out this chapter, 15 percent, not to exceed $15,000,000,
shall be available to, and shall remain available until expended
by, the Secretary of the Interior for allocation to carry out
wetlands conservation projects in coastal wetlands ecosystems in
any coastal State under section 4407 of this title.

-SOURCE-
(Pub. L. 101-646, title III, Sec. 306, Nov. 29, 1990, 104 Stat.
4786; Pub. L. 103-375, Sec. 5, Oct. 19, 1994, 108 Stat. 3495.)


-MISC1-
AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-375 inserted "in coastal wetlands
ecosystems" after "wetlands conservation projects".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3952, 3953, 3954 of this
title.

-End-



-CITE-
16 USC Sec. 3956 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 59A - WETLANDS

-HEAD-
Sec. 3956. General provisions

-STATUTE-
(a) Additional authority for Corps of Engineers
The Secretary is authorized to carry out projects for the
protection, restoration, or enhancement of aquatic and associated
ecosystems, including projects for the protection, restoration, or
creation of wetlands and coastal ecosystems. In carrying out such
projects, the Secretary shall give such projects equal
consideration with projects relating to irrigation, navigation, or
flood control.
(b) Study
The Secretary is hereby authorized and directed to study the
feasibility of modifying the operation of existing navigation and
flood control projects to allow for an increase in the share of the
Mississippi River flows and sediment sent down the Atchafalaya
River for purposes of land building and wetlands nourishment.

-SOURCE-
(Pub. L. 101-646, title III, Sec. 307, Nov. 29, 1990, 104 Stat.
4787.)

-End-