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16 U.S.C. § 3957 — Environmental banks
Federal law — U.S. Code and appendices · legal_authorities
**(a) Guidelines** Not later than 1 year after December 16, 2016, the Task Force shall, after public notice and opportunity for comment, issue guidelines for the use, maintenance, and oversight of environmental banks in Louisiana.
**(b) Requirements** The guidelines issued pursuant to subsection (a) shall—
(1) set forth procedures for establishment and approval of environmental banks subject to the approval of the heads of the appropriate Federal agencies responsible for implementation of Federal environmental laws for which mitigation credits may be used;
(2) establish criteria for siting of environmental banks that enhance the resilience of coastal resources to inundation and coastal erosion in high priority areas, as identified within Federal or State restoration plans, including the restoration of resources within the scope of a project authorized for construction;
(3) establish criteria that ensure environmental banks secure adequate financial assurances and legally enforceable protection for the land or resources that generate the credits from environmental banks;
(4) stipulate that credits from environmental banks may not be used for mitigation of impacts required under section 404 of the Federal Water Pollution Control Act ([33 U.S.C. 1342](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim)) 11 See References in Text note below. or the Endangered Species Act ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) in an area where an existing mitigation bank approved pursuant to such laws within 5 years of enactment of the Water Resources Development Act of 2016 has credits available;
(5) establish performance criteria for environmen
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Source location: Title 16, Chapter 59A, § 3957; chapter-59a-wetlands.md
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**(a) Guidelines** Not later than 1 year after December 16, 2016, the Task Force shall, after public notice and opportunity for comment, issue guidelines for the use, maintenance, and oversight of environmental banks in Louisiana.
**(b) Requirements** The guidelines issued pursuant to subsection (a) shall—
(1) set forth procedures for establishment and approval of environmental banks subject to the approval of the heads of the appropriate Federal agencies responsible for implementation of Federal environmental laws for which mitigation credits may be used;
(2) establish criteria for siting of environmental banks that enhance the resilience of coastal resources to inundation and coastal erosion in high priority areas, as identified within Federal or State restoration plans, including the restoration of resources within the scope of a project authorized for construction;
(3) establish criteria that ensure environmental banks secure adequate financial assurances and legally enforceable protection for the land or resources that generate the credits from environmental banks;
(4) stipulate that credits from environmental banks may not be used for mitigation of impacts required under section 404 of the Federal Water Pollution Control Act ([33 U.S.C. 1342](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim)) 11 See References in Text note below. or the Endangered Species Act ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) in an area where an existing mitigation bank approved pursuant to such laws within 5 years of enactment of the Water Resources Development Act of 2016 has credits available;
(5) establish performance criteria for environmental banks; and
(6) establish criteria and financial assurance for the operation and monitoring of environmental banks.
**(c) Environmental bank**
(1) **Definition of environmental bank** — In this section, the term “environmental bank” means a project, project increment, or projects for purposes of restoring, creating, or enhancing natural resources at a designated site to establish mitigation credits.
(2) **Credits** — Mitigation credits created from environmental banks approved pursuant to this section may be used to satisfy existing liability under Federal environmental laws.
**(d) Savings clause**
(1) **Application of Federal law** — Guidelines developed under this section and mitigation carried out through an environmental bank established pursuant to such guidelines shall comply with all applicable requirements of Federal law (including regulations), including—
(A) the Federal Water Pollution Control Act ([33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.);
(B) the Endangered Species Act ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.);
(C) the Oil Pollution Act of 1990 ([33 U.S.C. 2701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2701&num=0&edition=prelim) et seq.);
(D) the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.); and
(E) [section 2283 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2283&num=0&edition=prelim).
(2) **Statutory construction** — Nothing in this section may be construed to affect—
(A) any authority, regulatory determination, or legal obligation in effect the day before December 16, 2016; or
(B) the obligations or requirements of any Federal environmental law.
**(e) Sunset** No new environmental bank may be created or approved pursuant to this section after the date that is 14 years after December 16, 2016.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—
(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;
(4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;
(5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State;
(6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and
(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.
**(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Discharge into navigable waters at specified disposal sites** The Secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the notice required by this subsection.
**(b) Specification for disposal sites** Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary, which guidelines shall be based upon criteria comparable to the criteria applicable to the territorial seas, the contiguous zone, and the ocean under [section 1343(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1343/c&num=0&edition=prelim), and (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the application additionally of the economic impact of the site on navigation and anchorage.
**(c) Denial or restriction of use of defined areas as disposal sites** The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municip
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1344
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this Act, the term—
(1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight;
(2) “barrel” means 42 United States gallons at 60 degrees fahrenheit;
(3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident;
(4) “claimant” means any person or government who presents a claim for compensation under this subchapter;
(5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages;
(6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4);
(7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
(8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990;
(9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Resiliency assessment**
(1) **In general** — Not later than 180 days after December 27, 2020, and in conjunction with the development of procedures under [section 1962–4 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962–4&num=0&edition=prelim), the Secretary is directed to review, and where appropriate, revise the existing planning guidance documents and regulations of the Corps of Engineers on the assessment of the effects of sea level rise or inland flooding on future water resources development projects to ensure that such guidance documents and regulations are based on the best available, peer-reviewed science and data on the current and future effects of sea level rise or inland flooding on relevant communities.
(2) **Coordination** — In carrying out this subsection, the Secretary shall—
(A) coordinate the review with the Engineer Research and Development Center, other Federal and State agencies, and other relevant entities; and
(B) to the maximum extent practicable and where appropriate, utilize data provided to the Secretary by such agencies.
**(b) Assessment of benefits from addressing sea level rise and inland flooding resiliency in feasibility reports**
(1) **In general** — Upon the request of a non-Federal interest, in carrying out a feasibility study for a project for flood risk mitigation, hurricane and storm damage risk reduction, or ecosystem restoration under [section 2282 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282&num=0&edition=prelim), the Secretary shall consider whether the need for the project is predicated upon or exacerbated by conditions related to sea level rise or inland flooding.
(2) **Addressing sea level rise and inland flooding
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2283
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Permits for discharge of pollutants**
(1) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding [section 1311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311/a&num=0&edition=prelim), upon condition that such discharge will meet either (A) all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter.
(2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate.
(3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section.
(4) All permits for discharges into the navigable waters issued pursuant to [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim) shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim), and sh
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Federal law — U.S. Code and appendices · legal_authorities
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facili
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
Page 2455
TITLE 16—CONSERVATION
§ 3957
1 See References in Text note below.
available to the Director, for purposes of mak-
ing grants—
(1) to any coastal State, except States eligi-
ble to receive funding under subsection (a), 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 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 eco-
systems in any coastal State under section 4407
of this title.
(Pub. L. 101–646, title III, § 306, Nov. 29, 1990, 104
Stat. 4786; Pub. L. 103–375, § 5, Oct. 19, 1994, 108
Stat. 3495; Pub. L. 108–447, div. C, title I, § 114(a),
Dec. 8, 2004, 118 Stat. 2944.)
Editorial Notes
AMENDMENTS
2004—Subsec. (a). Pub. L. 108–447, § 114(a)(1), struck
out ‘‘, not to exceed $70,000,000,’’ before ‘‘shall be avail-
able’’ in introductory provisions.
Subsec. (b). Pub. L. 108–447, § 114(a)(2), struck out
‘‘, not to exceed $15,000,000’’ before ‘‘shall be available’’
in introductory provisions.
Subsec. (c). Pub. L. 108–447, § 114(a)(3), struck out
‘‘, not to exceed $15,000,000,’’ before ‘‘shall be avail-
able’’.
1994—Subsec. (c). Pub. L. 103–375 inserted ‘‘in coastal
wetlands ecosystems’’ after ‘‘wetlands conservation
projects’’.
§ 3956. General provisions
(a) Additional authority for Corps of Engineers
The Secretary is authorized to carry out
projects for the protection, restoration,
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3957
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Federal law — U.S. Code and appendices · legal_authorities
Page 350
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1251
Sec.
1320.
International pollution abatement.
1321.
Oil and hazardous substance liability.
1321a.
Prevention of small oil spills.
1321b.
Improved coordination with tribal govern-
ments.
1321c.
International efforts on enforcement.
1322.
Marine sanitation devices; discharges inci-
dental to the normal operation of vessels.
1323.
Federal facilities pollution control.
1324.
Clean lakes.
1325.
National Study Commission.
1326.
Thermal discharges.
1327.
Omitted.
1328.
Aquaculture.
1329.
Nonpoint source management programs.
1330.
National estuary program.
SUBCHAPTER IV—PERMITS AND LICENSES
1341.
Certification.
1342.
National pollutant discharge elimination sys-
tem.
1343.
Ocean discharge criteria.
1344.
Permits for dredged or fill material.
1345.
Disposal or use of sewage sludge.
1346.
Coastal recreation water quality monitoring
and notification.
SUBCHAPTER V—GENERAL PROVISIONS
1361.
Administration.
1362.
Definitions.
1363.
Water Pollution Control Advisory Board.
1364.
Emergency powers.
1365.
Citizen suits.
1366.
Appearance.
1367.
Employee protection.
1368.
Federal procurement.
1369.
Administrative procedure and judicial review.
1370.
State authority.
1371.
Authority under other laws and regulations.
1372.
Labor standards.
1373.
Public health agency coordination.
1374.
Effluent Standards and Water Quality Infor-
mation Advisory Committee.
1375.
Reports to Congress; detailed estimates and
comprehensive study on costs; State esti-
mates.
1375a.
Report on coastal recreation waters.
1376.
Authorization of appropriations.
1377.
Indian tribes.
1377a.
Green infrastructure promotion.
SUBCHAPTER VI—STATE WATER POLLUTION
CONTROL REVOLVING FUNDS
13
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1251
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