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16 U.S.C. § 3955 — Distribution of appropriations

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3955 — Distribution of appropriations

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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 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—

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(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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16 U.S.C. § 1531 — Congressional findings and declaration of

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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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 chapter, 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 development 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 available to the Director, for purposes of making grants— (1) to any coastal State, except States eligible to receive funding under subsection (a), to carry out coastal wetlands conservation projects in accordance with [section 3954 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3954&num=0&edition=prelim)

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33 U.S.C. § 1251 — Congressional declaration of goals and policy

**(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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33 U.S.C. § 1251 — Congressional declaration of goals and

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

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1342 — National pollutant discharge elimination system

**(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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33 U.S.C. § 1342 — National pollutant discharge elimination

Page 562 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1342 tion license or permit has been granted, which changes may result in violation of section 1311, 1312, 1313, 1316, or 1317 of this title. (4) Prior to the initial operation of any feder- ally licensed or permitted facility or activity which may result in any discharge into the navi- gable waters and with respect to which a certifi- cation has been obtained pursuant to paragraph (1) of this subsection, which facility or activity is not subject to a Federal operating license or permit, the licensee or permittee shall provide an opportunity for such certifying State, or, if appropriate, the interstate agency or the Ad- ministrator to review the manner in which the facility or activity shall be operated or con- ducted for the purposes of assuring that applica- ble effluent limitations or other limitations or other applicable water quality requirements will not be violated. Upon notification by the certi- fying State, or if appropriate, the interstate agency or the Administrator that the operation of any such federally licensed or permitted facil- ity or activity will violate applicable effluent limitations or other limitations or other water quality requirements such Federal agency may, after public hearing, suspend such license or per- mit. If such license or permit is suspended, it shall remain suspended until notification is re- ceived from the certifying State, agency, or Ad- ministrator, as the case may be, that there is reasonable assurance that such facility or activ- ity will not violate the applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of this title. (5) Any Federal license or permit with respect to which a certification has been obtained under paragraph (1) of this su

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2701 — Definitions

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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33 U.S.C. § 2701 — Definitions

Page 874 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2701 Sec. 2702. Elements of liability. 2703. Defenses to liability. 2704. Limits on liability. 2705. Interest; partial payment of claims. 2706. Natural resources. 2707. Recovery by foreign claimants. 2708. Recovery by responsible party. 2709. Contribution. 2710. Indemnification agreements. 2711. Consultation on removal actions. 2712. Uses of Fund. 2713. Claims procedure. 2714. Designation of source and advertisement. 2715. Subrogation. 2716. Financial responsibility. 2716a. Financial responsibility civil penalties. 2717. Litigation, jurisdiction, and venue. 2718. Relationship to other law. 2719. State financial responsibility. 2720. Differentiation among fats, oils, and greases. SUBCHAPTER II—PRINCE WILLIAM SOUND PROVISIONS 2731. Oil Spill Recovery Institute. 2732. Terminal and tanker oversight and moni- toring. 2733. Bligh Reef light. 2734. Vessel traffic service system. 2735. Equipment and personnel requirements under tank vessel and facility response plans. 2736. Funding. 2737. Limitation. 2738. North Pacific Marine Research Institute. SUBCHAPTER III—MISCELLANEOUS 2751. Savings provision. 2752. Annual appropriations. 2753. Repealed. SUBCHAPTER IV—OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM 2761. Oil pollution research and development pro- gram. 2762. Submerged oil program. SUBCHAPTER I—OIL POLLUTION LIABILITY AND COMPENSATION § 2701. Definitions For the purposes of this Act, the term— (1) ‘‘act of God’’ means an unanticipated grave natural disaster or other natural phe- nomenon of an exceptional, inevitable, and ir- resistible character the effects of which could not have been prevented or avoided by the ex- ercise of due care or foresig

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42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### 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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