16 U.S.C. § 3954 — National coastal wetlands conservation

Page 2453 TITLE 16—CONSERVATION § 3954 1 So in original. Probably should be ‘‘an’’. uating the degree to which the goal of no net loss of wetlands as a result of development ac- tivities in such wetlands or other waters has been attained; (5) satisfactory assurances that the State will have adequate personnel, funding, and au- thority to implement the plan; (6) a program to be carried out by the State for the purpose of educating the public con- cerning the necessity to conserve wetlands; (7) a program to encourage the use of tech- nology by persons engaged in development ac- tivities 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 wet- lands 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 Admin- istrator 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 Admin- istrator shall approve a conservation plan sub- mitted 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 com- plies 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 Ad- ministrator determine that a conservation plan submitted by the Governor does not com- ply with the requirements of subsection (d) of this section, they shall submit to the Gov- ernor 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 con- servation plan to the Secretary, the Director, and the Administrator for their reconsider- ation, the Secretary, the Director, and Admin- istrator shall have ninety days to determine whether the modifications are sufficient to bring the plan into compliance with require- ments of subsection (d) of this section. (3) Approval of modified plan If the Secretary, the Director, and the Ad- ministrator 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; ex- cept 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 sec- tion 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 re- port to the Congress as to the status of a con- servation 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, re- port to the Congress on the status of the con- servation plan and provide an evaluation of the effectiveness of the plan in meeting the goal of this section. (Pub. L. 101–646, title III, § 304, Nov. 29, 1990, 104 Stat. 4783.) § 3954. National coastal wetlands conservation grants (a) Matching grants The Director shall, with the funds made avail- able 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 other- wise provide any matching moneys to any coast- al State which submits a proposal substantial in character and design to carry out a coastal wet- lands conservation project. In awarding such matching grants, the Director shall give pri- ority 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 Page 2454 TITLE 16—CONSERVATION § 3955 coastal wetlands, natural areas and open spaces. In addition, priority consideration shall be given to coastal wetlands conserva- tion projects in maritime forests on coastal barrier islands. (c) Conditions The Director may only grant or otherwise pro- vide matching moneys to a coastal State for purposes of carrying out a coastal wetlands con- servation 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 re- stored with such moneys will be administered for the long-term conservation of such lands and waters and the fish and wildlife dependent there- on. (d) Cost-sharing (1) Federal share Grants to coastal States of matching mon- eys 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 fol- lowing 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 recur- ring source of monies including, but not lim- ited to, real estate transfer fees or taxes, cigarette taxes, tax check-offs, or motor ve- hicle license plate fees. (2) Form of State share The matching moneys required of a coastal State to carry out a coastal wetlands con- servation 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 wet- lands 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 avail- able in accordance with section 3955 of this title, direct the U.S. Fish and Wildlife Service’s Na- tional Wetland Inventory to update and digitize wetlands maps in the State of Texas and to con- duct an assessment of the status, condition, and trends of wetlands in that State. (Pub. L. 101–646, title III, § 305, Nov. 29, 1990, 104 Stat. 4785; Pub. L. 102–212, title III, § 302(a), Dec. 11, 1991, 105 Stat. 1660.) Editorial Notes 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 prin- cipal is not spent, for the purpose of acquiring coastal wetlands, other natural area or open spaces’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–212, title III, § 302(b), Dec. 11, 1991, 105 Stat. 1661, provided that: ‘‘This section [amending this section] shall apply to grants awarded in fiscal year 1992 and each fiscal year thereafter.’’ § 3955. Distribution of appropriations (a) Priority project and conservation planning expenditures Of the total amount appropriated during a given fiscal year to carry out this chapter, 70 percent 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 chap- ter, 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 develop- ment 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 shall be available, and shall remain