16 U.S.C. § 3957 — Environmental banks

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, or en- hancement of aquatic and associated eco- systems, 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 consid- eration with projects relating to irrigation, navigation, or flood control. (b) Study The Secretary is hereby authorized and di- rected to study the feasibility of modifying the operation of existing navigation and flood con- trol projects to allow for an increase in the share of the Mississippi River flows and sedi- ment sent down the Atchafalaya River for pur- poses of land building and wetlands nourish- ment. (Pub. L. 101–646, title III, § 307, Nov. 29, 1990, 104 Stat. 4787.) § 3957. Environmental banks (a) Guidelines Not later than 1 year after December 16, 2016, the Task Force shall, after public notice and op- portunity for comment, issue guidelines for the use, maintenance, and oversight of environ- mental 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 implementa- tion of Federal environmental laws for which mitigation credits may be used; (2) establish criteria for siting of environ- mental 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, in- cluding the restoration of resources within the scope of a project authorized for construction; (3) establish criteria that ensure environ- mental banks secure adequate financial assur- ances and legally enforceable protection for the land or resources that generate the credits from environmental banks; (4) stipulate that credits from environ- mental 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) 1 or the Endangered Species Act (16 U.S.C. 1531 et seq.) in an area where an existing miti- gation bank approved pursuant to such laws within 5 years of enactment of the Water Re- sources Development Act of 2016 has credits available; (5) establish performance criteria for envi- ronmental banks; and (6) establish criteria and financial assurance for the operation and monitoring of environ- mental 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 environ- mental banks approved pursuant to this sec- tion 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 environ- mental bank established pursuant to such guidelines shall comply with all applicable re- quirements of Federal law (including regula- tions), including— (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (B) the Endangered Species Act (16 U.S.C. 1531 et seq.); (C) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.); (D) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (E) section 2283 of title 33. (2) Statutory construction Nothing in this section may be construed to affect— Page 2456 TITLE 16—CONSERVATION § 4001 (A) any authority, regulatory determina- tion, or legal obligation in effect the day be- fore 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. (Pub. L. 101–646, title III, § 309, as added Pub. L. 114–322, title IV, § 5014, Dec. 16, 2016, 130 Stat. 1903; amended Pub. L. 117–263, div. H, title LXXXI, § 8382(c), Dec. 23, 2022, 136 Stat. 3828; Pub. L. 118–272, div. A, title III, § 1303(c), Jan. 4, 2025, 138 Stat. 3114.) Editorial Notes REFERENCES IN TEXT Section 404 of the Federal Water Pollution Control Act, referred to in subsec. (b)(4), is section 404 of act June 30, 1948, ch. 758, which is classified to section 1344 of Title 33, Navigation and Navigable Waters. Section 1342 of Title 33 is section 402 of the Act. The Endangered Species Act, referred to in subsecs. (b)(4) and (d)(1)(B), probably means the Endangered Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1531 of this title and Tables. Enactment of the Water Resources Development Act of 2016, referred to in subsec. (b)(4), means the enact- ment of title I of Pub. L. 114–322, which was approved Dec. 16, 2016. The Federal Water Pollution Control Act, referred to in subsec. (d)(1)(A), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa- ters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Oil Pollution Act of 1990, referred to in subsec. (d)(1)(C), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, which is classified principally to chapter 40 (§ 2701 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 33 and Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (d)(1)(D), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 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 4321 of Title 42 and Tables. AMENDMENTS 2025—Subsec. (e). Pub. L. 118–272 substituted ‘‘14’’ for ‘‘12’’. 2022—Subsec. (e). Pub. L. 117–263 substituted ‘‘12’’ for ‘‘10’’. CHAPTER 60—FISH AND SEAFOOD PROMOTION Sec. 4001. Congressional findings. 4002. Congressional statement of purpose. 4003. Definitions. 4004. Establishment of National Council. 4005. Functions and duties of National Council. 4006. Duties of Secretary with regard to National Council. 4007. Voluntary payments. Sec. 4008. Establishment of Fisheries Promotional Fund. 4009. Establishment of seafood marketing councils. 4010. Functions and powers of councils. 4011. Functions and powers of Secretary. 4012. Assessments. 4013. Petitions. 4014. Refunds. 4015. Termination of a council. 4016. Enforcement. 4017. Investigations. § 4001. Congressional findings The Congress finds that— (1) the commercial fishing industry of the United States significantly contributes to the national economy, and could make a greater contribution if fish resources within the United States Exclusive Economic Zone were more fully utilized; (2) the commercial fisheries of the United States provide significant employment in coastal areas and in processing and distribu- tion centers; (3) fish contribute an important nutritional component to the American diet; (4) increased consumption of seafood in the United States could significantly lower the risk of many cardiovascular diseases; (5) Federally supported development pro- grams for commercial fisheries are unable to meet present and future marketing needs; (6) many fish species are underutilized by the United States fishing industry because of underdeveloped markets; and (7) the United States fishing industry has the potential to expand greatly its contribu- tion to interstate and foreign commerce, fa- vorably affecting the balance of trade. (Pub. L. 99–659, title II, § 202, Nov. 14, 1986, 100 Stat. 3715.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 99–659, title II, § 201, Nov. 14, 1986, 100 Stat. 3715, provided that: ‘‘This title [enacting this chapter and amending section 713c–3 of Title 15, Commerce and Trade] may be cited as the ‘Fish and Seafood Pro- motion Act of 1986’.’’ REPORT TO CONGRESS ON FISH AND SEAFOOD PROMOTION Pub. L. 99–659, title II, § 219, Nov. 14, 1986, 100 Stat. 3731, provided that: ‘‘The Secretary shall, not later than March 1, 1989, submit to the Congress a report on the effectiveness of the implementation of this title [enacting this chapter and amending section 713c–3 of Title 15, Commerce and Trade] in achieving the pur- poses of this title.’’ § 4002. Congressional statement of purpose The purpose of this chapter is to— (1) strengthen the competitive position of the United States commercial fishing industry in the domestic and international market- place; (2) encourage the development and utiliza- tion of all species of fish available for harvest by the United States fishing industry; (3) encourage the utilization of domesti- cally-produced fish through enhancement of markets, promotion, and public relations;