16 U.S.C. § 3504 — Limitations on Federal expenditures af-

Page 2309 TITLE 16—CONSERVATION § 3504 PACIFIC COASTAL BARRIER PROTECTION STUDY AND MAPS Section 6 of Pub. L. 101–591 directed Secretary of the Interior, not later than 6 months after Nov. 16, 1990, to prepare and submit to Congress a study examining the need for protecting undeveloped coastal barriers along the Pacific coast of the United States south of 49 de- grees north latitude through inclusion in the System; as soon as practicable after Nov. 16, 1990, to prepare maps identifying the boundaries of those undeveloped coastal barriers (as that term is defined in 16 U.S.C. 3502(1)) of the United States bordering the Pacific Ocean south of 49 degrees north latitude; and, not later than 12 months after Nov. 16, 1990, to submit to Con- gress maps identifying the boundaries of those undevel- oped coastal barriers of the United States bordering the Pacific Ocean south of 49 degrees north latitude which the Secretary and the appropriate Governor consider to be appropriate for inclusion in the System. REPORT REGARDING COASTAL BARRIER MANAGEMENT Pub. L. 101–591, § 8, Nov. 16, 1990, 104 Stat. 2937, which established the Coastal Barriers Task Force, provided for its membership, required the Task Force to submit a report to Congress regarding the Coastal Barrier Re- sources System not later than the expiration of the 2- year period beginning on Nov. 16, 1990, and required the Task Force to terminate 90 days after submission of the report, was repealed by Pub. L. 106–514, § 4(b), Nov. 13, 2000, 114 Stat. 2396. DEFINITIONS Pub. L. 101–591, § 12, Nov. 16, 1990, 104 Stat. 2940, as amended by Pub. L. 106–167, § 3(c)(6), Dec. 9, 1999, 113 Stat. 1804, provided that: ‘‘For purposes of this Act [see Short Title of 1990 Amendment note set out under sec- tion 3501 of this title]— ‘‘(1) the term ‘undeveloped coastal barrier’ means— ‘‘(A) a depositional geologic feature (such as a bay barrier, tombolo, barrier spit, or barrier island) that— ‘‘(i) is subject to wave, tidal, and wind energies, and ‘‘(ii) protects landward aquatic habitats from direct wave attack; and ‘‘(B) all associated aquatic habitats including the adjacent wetlands, marshes, estuaries, inlets, and nearshore waters; but only if such features and associated habitats con- tain few manmade structures and these structures, and man’s activities on such features and within such habi- tats, do not significantly impede geomorphic and eco- logical processes. ‘‘(2) the term ‘otherwise protected area’ means an undeveloped coastal barrier within the boundaries of an area established under Federal, State, or local law, or held by a qualified organization, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes; ‘‘(3) the term ‘qualified organization’ means such an organization under section 170(h)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 170(h)(3)); ‘‘(4) the term ‘Secretary’ means the Secretary of the Interior; and ‘‘(5) the term ‘System’ means the John H. Chafee Coastal Barrier Resources System established by the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.), as amended by this Act.’’ § 3504. Limitations on Federal expenditures af- fecting the System (a) Construction or purchase of structure, facil- ity, road, airport, etc.; projects to prevent erosion; exceptions Except as provided in section 3505 of this title, no new expenditures or new financial assistance may be made available under authority of any Federal law for any purpose within the System, including, but not limited to— (1) the construction or purchase of any structure, appurtenance, facility, or related infrastructure; (2) the construction or purchase of any road, airport, boat landing facility, or other facility on, or bridge or causeway to, any System unit; and (3) the carrying out of any project to prevent the erosion of, or to otherwise stabilize, any inlet, shoreline, or inshore area, except that such assistance and expenditures may be made available on units designated pursuant to sec- tion 3503 of this title on maps numbered S01 through S08 and LA07 for purposes other than encouraging development and, in all units, in cases where an emergency threatens life, land, and property immediately adjacent to that unit. (b) New expenditures or new financial assistance An expenditure or financial assistance made available under authority of Federal law shall, for purposes of this chapter, be a new expendi- ture or new financial assistance if— (1) in any case with respect to which specific appropriations are required, no money for con- struction or purchase purposes was appro- priated before the date 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; or (2) no legally binding commitment for the expenditure or financial assistance was made before such date. (c) Disclosure of limitations Not later than 2 years after November 25, 2024, the Secretary, in consultation with the Sec- retary of Housing and Urban Development, shall issue regulations requiring the owner or lessor of real property located in a community affected by this chapter, as determined by the Director of the United States Fish and Wildlife Service, to disclose to a prospective buyer or lessee such location of such real property. (Pub. L. 97–348, § 5, Oct. 18, 1982, 96 Stat. 1656; Pub. L. 101–591, §§ 2(b)(2), 5(c), Nov. 16, 1990, 104 Stat. 2931, 2936; Pub. L. 118–117, title I, § 103, Nov. 25, 2024, 138 Stat. 1610.) Editorial Notes REFERENCES IN TEXT The Coastal Barrier Improvement Act of 1990, re- ferred to in subsec. (b)(1), is Pub. L. 101–591, Nov. 16, 1990, 104 Stat. 2931, which enacted section 1441a–3 of Title 12, Banks and Banking, amended sections 3502 to 3506 and 3510 of this title and section 4028 of Title 42, The Public Health and Welfare, enacted provisions set out as notes under section 3503 of this title, and re- pealed provisions set out as a note under section 3505 of this title. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 3501 of this title and Tables. AMENDMENTS 2024—Subsec. (c). Pub. L. 118–117 added subsec. (c). 1990—Subsec. (a). Pub. L. 101–591, § 2(b)(2)(A), in intro- ductory provisions substituted ‘‘the System’’ for ‘‘the Coastal Barrier Resources System’’. 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