16 U.S.C. § 3505 — Exceptions to limitations on expenditures

Page 2310 TITLE 16—CONSERVATION § 3505 Subsec. (a)(3). Pub. L. 101–591, § 5(c), substituted ‘‘through S08 and LA07’’ for ‘‘through S08’’. Subsec. (b)(1). Pub. L. 101–591, § 2(b)(2)(B), substituted ‘‘on which the relevant System unit or portion of the System unit was included within the System under this chapter or the Coastal Barrier Improvement Act of 1990’’ for ‘‘of the enactment of this Act’’. Subsec. (b)(2). Pub. L. 101–591, § 2(b)(2)(C), struck out ‘‘of enactment’’ after ‘‘before such date’’. Statutory Notes and Related Subsidiaries GUIDANCE FOR EXPENDITURE OF FEDERAL FUNDS IN EMERGENCY SITUATIONS Pub. L. 118–117, title I, § 105(b), Nov. 25, 2024, 138 Stat. 1612, provided that: ‘‘Not later than 1 year after the date of the enactment of this Act [Nov. 25, 2024], the Secretary of the Interior, in consultation with the Chief of Engineers of the Army Corps of Engineers, shall develop and finalize guidance relating to the ex- penditure of Federal funds pursuant to the exception described in section 5(a)(3) of the Coastal Barrier Re- sources Act (16 U.S.C. 3504(a)(3)) for emergency situa- tions that threaten life, land, and property imme- diately adjacent to a System unit (as defined in sub- section (a) of section 3 of that Act (16 U.S.C. 3502)).’’ § 3505. Exceptions to limitations on expenditures (a) In general Notwithstanding section 3504 of this title, the appropriate Federal officer, after consultation with the Secretary, may make Federal expendi- tures and may make financial assistance avail- able within the System for the following: (1) Any use or facility necessary for the ex- ploration, extraction, or transportation of en- ergy resources which can be carried out only on, in, or adjacent to a coastal water area be- cause the use or facility requires access to the coastal water body. (2) The maintenance or construction of im- provements of existing Federal navigation channels (including the Intracoastal Water- way) and related structures (such as jetties), including the disposal of dredge materials re- lated to such maintenance or construction. (3) The maintenance, replacement, recon- struction, 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, mainte- nance, and rehabilitation of Coast Guard fa- cilities and access thereto. (6) Any of the following actions or projects, if a particular expenditure or the making available of particular assistance for the ac- tion 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 ac- quisition of fish and wildlife habitats and re- lated lands, stabilization projects for fish and wildlife habitats, and recreational projects. (B) Establishment, operation, and mainte- nance of air and water navigation aids and devices, and for access thereto. (C) Projects under chapter 2003 of title 54 and the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). (D) Scientific research, including aero- nautical, atmospheric, space, geologic, ma- rine, fish and wildlife, and other research, development, and applications. (E) Emergency actions necessary to the saving of lives and the protection of prop- erty and the public health and safety, if such actions are performed pursuant to sections 5170a, 5170b, 5173, and 5192 of title 42 and are limited to actions that are necessary to al- leviate the applicable emergency. (F) Maintenance, replacement, reconstruc- tion, 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, en- hance, or restore a natural stabilization sys- tem. (H) Aquaculture operations that— (i) produce shellfish (including oysters, clams, and mussels), cultivate micro- or macro-algae, or do not require the use of aquaculture feeds; and (ii) adhere to best management practices and conservation measures recommended by the Secretary through the consultation process referred to in this subsection. (7) Use of a sand source within a System unit by Federal coastal storm risk management projects or their predecessor projects that have used a System unit for sand to nourish adjacent beaches outside the System pursuant to section 701n of title 33 at least once between December 31, 2008 and December 31, 2023 in re- sponse to an emergency situation prior to De- cember 31, 2023. (b) Existing Federal navigation channels For purposes of subsection (a)(2), 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 rel- evant 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 expendi- tures or financial assistance within the System under subsection (a)(3) shall not apply to a high- way— (1) located in a unit of the System in Michi- gan; 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 assist- ance provided for services or facilities and re- lated infrastructure located outside the boundaries of unit T–11 of the System (as de- picted 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 pro- vided under the National Flood Insurance Act Page 2311 TITLE 16—CONSERVATION § 3505 of 1968 (42 U.S.C. 4001 et seq.) for any new con- struction or substantial improvements relat- ing to services or facilities and related infra- structure located outside the boundaries of unit T–11 of the System that facilitate an ac- tivity 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 De- velopment 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 con- tract, loan, grant, cooperative agreement, or other form of assistance, including the in- surance or guarantee of a loan, mortgage, or pool of mortgages. (e) Applicability to Otherwise Protected Areas (1) In general The prohibitions on new Federal expendi- tures and financial assistance described in sec- tion 3504(a) of this title do not apply within Otherwise Protected Areas except with respect to limitations on new flood insurance coverage described in section 1321 of the National Flood Insurance Act of 1968 (42 U.S.C. 4028). (2) Exception Notwithstanding paragraph (1), new Federal flood insurance may be provided for a struc- ture in an Otherwise Protected Area that is used in a manner consistent with the purpose for which such Otherwise Protected Area is protected. (f) Applicability to additions and insurable struc- tures (1) Additions With respect to an addition to the System made under section 3503 of this title on or after November 25, 2024, subject to paragraph (2), the prohibitions on new Federal expendi- tures and financial assistance described in sec- tion 3504(a) of this title shall take effect on the date that is 1 year after the date on which such addition is made. (2) Insurable structures (A) In general The prohibitions on new Federal expendi- tures and financial assistance described in section 3504(a) of this title do not apply to an insurable structure. (B) Insurable structure defined In this subsection, the term ‘‘insurable structure’’ means an insurable structure that is— (i) located within an addition described in paragraph (1); and (ii) in existence before the expiration of the applicable 1-year period described in paragraph (1). (Pub. L. 97–348, § 6, Oct. 18, 1982, 96 Stat. 1656; Pub. L. 100–707, title I, § 109(h), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 101–591, § 5(a), Nov. 16, 1990, 104 Stat. 2934; Pub. L. 113–287, § 5(d)(34), Dec. 19, 2014, 128 Stat. 3267; Pub. L. 118–117, title I, § 104, Nov. 25, 2024, 138 Stat. 1610.) Editorial Notes REFERENCES IN TEXT 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, which is classified generally to chapter 33 (§ 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. 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, which is classified principally to chap- ter 50 (§ 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. AMENDMENTS 2024—Subsec. (a)(6)(E). Pub. L. 118–117, § 104(1)(A)(i), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: ‘‘Assistance for emergency actions essential to the saving of lives and the protec- tion 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 of the Na- tional Flood Insurance Act of 1968 (42 U.S.C. 4103) and are limited to actions that are necessary to alleviate the emergency.’’ Subsec. (a)(6)(H). Pub. L. 118–117, § 104(1)(A)(ii), added subpar. (H). Subsec. (a)(7). Pub. L. 118–117, § 104(1)(B), added par. (7). Subsecs. (e), (f). Pub. L. 118–117, § 104(2), added sub- secs. (e) and (f). 2014—Subsec. (a)(6)(C). Pub. L. 113–287, which directed the substitution of ‘‘chapter 2003 of title 54’’ for ‘‘the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 through 11)’’ in section 6(a)(6)(C) of the Coastal Barrier Act of 1968, was executed by making the substitution for ‘‘the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–4 through 11)’’ in this section, which is section 6 of the Coastal Barrier Re- sources Act, to reflect the probable intent of Congress. 1990—Pub. L. 101–591 amended section generally, sub- stituting substantially similar provisions in subsec. (a), substituting ‘‘a Federal navigation channel or a related structure is an existing channel or structure, respec- tively, 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 improve- ment or a related structure shall be treated as an exist- ing 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 ref- erence to sections 5170a, 5170b, and 5192 of title 42 for reference to sections 5145 and 5146 of title 42. Statutory Notes and Related Subsidiaries 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 relat- ing thereto, to the Department of Homeland Security, Page 2312 TITLE 16—CONSERVATION § 3506 and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. EXPANSION OF HIGHWAYS IN MICHIGAN Pub. L. 100–707, title II, § 204(d), Nov. 23, 1988, 102 Stat. 4715, exempted existing highways in Michigan from limitations on the use of Federal expenditures or finan- cial 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, § 5(b), Nov. 16, 1990, 104 Stat. 2936. See section 3505(c) of this title. § 3506. Certification of compliance (a) Regulations Not later than 1 year after November 25, 2024, the head of each Federal agency affected by this chapter shall revise or issue regulations and guidance as necessary to ensure 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 provi- sions of this chapter. Such reports and certifi- cations shall be submitted annually to the Com- mittees and the Secretary. (Pub. L. 97–348, § 7, Oct. 18, 1982, 96 Stat. 1657; Pub. L. 101–591, § 14, Nov. 16, 1990, 104 Stat. 2941; Pub. L. 118–117, title I, § 105(a), Nov. 25, 2024, 138 Stat. 1612.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–117 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘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.’’ 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 be- half 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 sched- ule required under the Congressional Budget and Im- poundment Control Act of 1974.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to annually sub- mitting 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. § 3507. Priority of laws 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, reha- bilitate, preserve, and restore lands within its established boundary. (Pub. L. 97–348, § 8, Oct. 18, 1982, 96 Stat. 1658.) § 3508. Separability If any provision of this chapter or the applica- tion thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other per- sons not similarly situated or to other cir- cumstances shall not be affected thereby. (Pub. L. 97–348, § 9, Oct. 18, 1982, 96 Stat. 1658.) § 3509. Repealed. Pub. L. 106–514, § 4(a)(3), Nov. 13, 2000, 114 Stat. 2396 Section, Pub. L. 97–348, § 10, Oct. 18, 1982, 96 Stat. 1658; Pub. L. 106–167, § 3(c)(4), Dec. 9, 1999, 113 Stat. 1804, re- quired report to Congress before the close of the 3-year period beginning on Oct. 18, 1982. § 3510. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this chapter— (1) $2,000,000 for each of fiscal years 2006 through 2010; and (2) $1,962,000 for each of fiscal years 2025 through 2031. (Pub. L. 97–348, § 10, formerly § 12, Oct. 18, 1982, 96 Stat. 1659; Pub. L. 101–591, § 13(a), Nov. 16, 1990, 104 Stat. 2941; Pub. L. 103–461, § 1(c), Nov. 2, 1994, 108 Stat. 4804; renumbered § 10 and amended Pub. L. 106–514, § 5, Nov. 13, 2000, 114 Stat. 2396; Pub. L. 109–226, § 5, May 25, 2006, 120 Stat. 384; Pub. L. 118–117, title I, § 107, Nov. 25, 2024, 138 Stat. 1613.) Editorial Notes 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 2024—Pub. L. 118–117 amended section generally. Prior to amendment, text read as follows: ‘‘There is author- ized to be appropriated to the Secretary to carry out this chapter $2,000,000 for each of fiscal years 2006 through 2010.’’ 2006—Pub. L. 109–226 substituted ‘‘2006 through 2010’’ for ‘‘2001, 2002, 2003, 2004, and 2005’’. 2000—Pub. L. 106–514 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated to the Secretary for car- rying 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 au- thorized to be appropriated to the Secretary for car-