16 U.S.C. § 3951 — Definitions

Page 2449 TITLE 16—CONSERVATION § 3951 1 So in original. Probably should be ‘‘de minimis’’. 2 So in original. Probably should be ‘‘maintenance’’. (B) assistance programs such as price sup- port programs, commodity loans and pur- chase programs and disaster assistance pro- grams; (C) soil conservation programs; and (D) certain income tax provisions; (6) an analysis of the environmental and eco- nomic impact of failure to restrict future Fed- eral expenditures, financial assistance, and tax provisions which have the effect of encour- aging the destruction, degradation, protection or enhancement of wetlands, including— (A) assistance for normal silviculture ac- tivity (such as plowing, seeding, planting, cultivating, minor drainage, or harvesting for the production of fiber or forest prod- ucts); (B) Federal expenditures required incident to studies, evaluations, design, construction, operation, maintenance, or rehabilitation of Federal water resource development activi- ties, including channel improvements; (C) the commodity loans and purchases program and cotton, feed grain, wheat, and rice production stabilization programs ad- ministered by the Department of Agri- culture; and (D) Federal expenditures for the construc- tion of publicly owned or publicly operated highways, roads, structures, or facilities that are essential links in a larger network or system; and (7) recommendations for the conservation of wetlands resources based on an evaluation and comparison of all management alternatives, and combinations of management alter- natives, such as State and local actions, Fed- eral actions, and initiatives by private organi- zations and individuals. (Pub. L. 99–645, title IV, § 402, Nov. 10, 1986, 100 Stat. 3589.) CHAPTER 59A—WETLANDS Sec. 3951. Definitions. 3952. Priority Louisiana coastal wetlands restora- tion projects. 3953. Louisiana coastal wetlands conservation planning. 3954. National coastal wetlands conservation grants. 3955. Distribution of appropriations. 3956. General provisions. 3957. Environmental banks. § 3951. Definitions As used in this chapter, the term— (1) ‘‘Secretary’’ means the Secretary of the Army; (2) ‘‘Administrator’’ means the Adminis- trator of the Environmental Protection Agen- cy; (3) ‘‘development activities’’ means any ac- tivity, including the discharge of dredged or fill material, which results directly in a more than de minimus 1 change in the hydrologic re- gime, bottom contour, or the type, distribu- tion or diversity of hydrophytic vegetation, or which impairs the flow, reach, or circulation of surface water within wetlands or other wa- ters; (4) ‘‘State’’ means the State of Louisiana; (5) ‘‘coastal State’’ means a State of the United States in, or bordering on, the Atlan- tic, Pacific, or Arctic Ocean, the Gulf of Mex- ico, 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 Ter- ritories of the Pacific Islands, and American Samoa; (6) ‘‘coastal wetlands restoration project’’ means any technically feasible activity to cre- ate, restore, protect, or enhance coastal wet- lands through sediment and freshwater diver- sion, 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 bio- logical integrity of coastal wetlands in the State of Louisiana, and includes any such ac- tivity authorized under this chapter or under any other provision of law, including, but not limited to, new projects, completion or expan- sion of existing or on-going projects, indi- vidual phases, portions, or components of projects and operation, maintanence 2 and re- habilitation of completed projects; the pri- mary purpose of a ‘‘coastal wetlands restora- tion project’’ shall not be to provide naviga- tion, irrigation or flood control benefits; (7) ‘‘coastal wetlands conservation project’’ means— (A) the obtaining of a real property inter- est in coastal lands or waters, if the obtain- ing 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 en- hancement of coastal wetlands ecosystems if such restoration, management, or enhance- ment is conducted on coastal lands and wa- ters 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 Lou- isiana; (9) ‘‘Task Force’’ means the Louisiana Coastal Wetlands Conservation and Restora- tion 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. (Pub. L. 101–646, title III, § 302, Nov. 29, 1990, 104 Stat. 4778.) Page 2450 TITLE 16—CONSERVATION § 3952 Editorial Notes 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. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–646, title III, § 301, Nov. 29, 1990, 104 Stat. 4778, provided that: ‘‘This title [enacting this chapter and amending section 777c of this title] may be cited as the ‘Coastal Wetlands Planning, Protection and Res- toration Act’.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 3952. Priority Louisiana coastal wetlands res- toration projects (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 pre- pare a list of coastal wetlands restoration projects in Louisiana to provide for the long- term conservation of such wetlands and de- pendent fish and wildlife populations in order of priority, based on the cost-effectiveness of such projects in creating, restoring, pro- tecting, or enhancing coastal wetlands, taking into account the quality of such coastal wet- lands, with due allowance for small-scale projects necessary to demonstrate the use of new techniques or materials for coastal wet- lands 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 concur- rence of the lead Task Force member that the project is cost effective and sound from an en- gineering 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 Con- gress the list of priority coastal wetlands res- toration 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 Con- gress 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 Sec- retary of the Treasury indicating the amounts available for expenditure to carry out this chapter. (4) List of contents (A) AREA IDENTIFICATION; PROJECT DESCRIP- TION.—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 includ- ing a justification for including such project on the list, the proposed activities to be car- ried out pursuant to each coastal wetlands restoration project, the benefits to be real- ized 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 esti- mated 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 sec- tion 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 be- comes 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 iden- tify coastal wetlands restoration projects, in order of priority, based on the cost-effective- ness of such projects in creating, restoring, protecting, or enhancing the long-term con- servation of coastal wetlands, taking into ac- count the quality of such coastal wetlands, with due allowance for small-scale projects necessary to demonstrate the use of new tech- niques or materials for coastal wetlands res- toration. Such restoration plan shall be com- pleted within three years from November 29, 1990. (2) Purpose of the plan The purpose of the restoration plan is to de- velop a comprehensive approach to restore and