16 U.S.C. § 3501 — Congressional statement of findings and

Page 2301 TITLE 16—CONSERVATION § 3501 (1) domestic and international demand for agricultural products from the United States is great and is expected to significantly in- crease over the next twenty years; (2) the ability of the United States to pro- vide agricultural products to meet that de- mand is seriously impaired by the annual loss of five billion tons of soil due to wind and water erosion; (3) the battle against soil erosion is being lost despite the annual expenditure of millions of dollars by the Federal Government on re- search, technical assistance, and conservation incentives to control soil erosion; (4) conservation tillage practices are esti- mated to reduce soil erosion by 50 to 90 per centum over conventional farming practices; and (5) conservation tillage may result in better yields, greater land use flexibility, decreased fuel use, decreased labor and equipment costs, increased retention of soil moisture, and more productive land than conventional farming practices and may be adaptable to a broad range of soil types and slopes throughout the country. (b) It is the sense of Congress that the Sec- retary of Agriculture should, and is hereby urged and requested to— (1) direct the attention of our Nation’s farm- ers to the costs and benefits of conservation tillage as a means of controlling soil erosion and improving profitability; and (2) conduct a program of research designed to resolve any unanswered questions regarding the advantages and disadvantages of conserva- tion tillage over other soil conservation prac- tices. (Pub. L. 97–98, title XV, § 1553, Dec. 22, 1981, 95 Stat. 1345.) § 3473. Regulations The Secretary of Agriculture shall prescribe such regulations as may be necessary to carry out the provisions of this chapter. (Pub. L. 97–98, title XV, § 1554, Dec. 22, 1981, 95 Stat. 1345.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title XV of Pub. L. 97–98, Dec. 22, 1981, 95 Stat. 1328, which enacted this chapter and sec- tions 2272 and 2273 and chapter 73 (§ 4201 et seq.) of Title 7, Agriculture, amended sections 1002 to 1005 of this title, section 1010 of Title 7, section 714b of Title 15, Commerce and Trade, and section 1236 of Title 30, Min- eral Lands and Mining, and enacted a provision set out as a note under section 2272 of Title 7. § 3474. Conservation incentives landowner edu- cation program (a) In general Not later than 1 year after March 12, 2019, the Secretary shall establish a conservation incen- tives landowner education program (referred to in this section as the ‘‘program’’). (b) Purpose of program The program shall provide information on Federal conservation programs available to landowners interested in undertaking conserva- tion actions on the land of the landowners, in- cluding options under each conservation pro- gram available to achieve the conservation goals of the program, such as— (1) fee title land acquisition; (2) donation; and (3) perpetual and term conservation ease- ments or agreements. (c) Availability The Secretary shall ensure that the informa- tion provided under the program is made avail- able to— (1) interested landowners; and (2) the public. (d) Notification In any case in which the Secretary contacts a landowner directly about participation in a Fed- eral conservation program, the Secretary shall, in writing— (1) notify the landowner of the program; and (2) make available information on the con- servation program options that may be avail- able to the landowner. (Pub. L. 116–9, title III, § 3002, Mar. 12, 2019, 133 Stat. 756.) Editorial Notes CODIFICATION Section was enacted as part of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and not as part of title XV of the Agriculture and Food Act of 1981 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under sec- tion 1 of this title. CHAPTER 55—COASTAL BARRIER RESOURCES Sec. 3501. Congressional statement of findings and pur- pose. 3502. Definitions. 3503. Establishment of John H. Chafee Coastal Bar- rier Resources System. 3504. Limitations on Federal expenditures affect- ing the System. 3505. Exceptions to limitations on expenditures. 3506. Certification of compliance. 3507. Priority of laws. 3508. Separability. 3509. Repealed. 3510. Authorization of appropriations. § 3501. Congressional statement of findings and purpose (a) The Congress finds that— (1) coastal barriers along the Atlantic and Gulf coasts and along the shore areas of the Great Lakes of the United States and the adja- cent wetlands, marshes, estuaries, inlets and nearshore waters provide— (A) habitats for migratory birds and other wildlife; and (B) habitats which are essential spawning, nursery, nesting, and feeding areas for com- Page 2302 TITLE 16—CONSERVATION § 3502 mercially and recreationally important spe- cies of finfish and shellfish, as well as other aquatic organisms such as sea turtles; (2) coastal barriers contain resources of ex- traordinary scenic, scientific, recreational, natural, historic, archeological, cultural, and economic importance; which are being irretrievably damaged and lost due to develop- ment on, among, and adjacent to, such bar- riers; (3) coastal barriers serve as natural storm protective buffers and are generally unsuitable for development because they are vulnerable to hurricane and other storm damage and be- cause natural shoreline recession and the movement of unstable sediments undermine manmade structures; (4) certain actions and programs of the Fed- eral Government have subsidized and per- mitted development on coastal barriers and the result has been the loss of barrier re- sources, threats to human life, health, and property, and the expenditure of millions of tax dollars each year; and (5) a program of coordinated action by Fed- eral, State, and local governments is critical to the more appropriate use and conservation of coastal barriers. (b) The Congress declares that it is the pur- pose of this chapter to minimize the loss of human life, wasteful expenditure of Federal rev- enues, and the damage to fish, wildlife, and other natural resources associated with the coastal barriers along the Atlantic and Gulf coasts and along the shore areas of the Great Lakes by restricting future Federal expendi- tures and financial assistance which have the ef- fect of encouraging development of coastal bar- riers, by establishing the John H. Chafee Coastal Barrier Resources System, and by considering the means and measures by which the long-term conservation of these fish, wildlife, and other natural resources may be achieved. (Pub. L. 97–348, § 2, Oct. 18, 1982, 96 Stat. 1653; Pub. L. 100–707, title II, § 204(c)(1), Nov. 23, 1988, 102 Stat. 4714; Pub. L. 106–167, § 3(c)(1), Dec. 9, 1999, 113 Stat. 1804.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 97–348, Oct. 18, 1982, 96 Stat. 1653, known as the Coastal Barrier Re- sources Act, which is classified generally to this chap- ter (§ 3501 et seq.). For complete classification of this Act to the Code, see Short Title note set out below and Tables. AMENDMENTS 1999—Subsec. (b). Pub. L. 106–167 substituted ‘‘the John H. Chafee Coastal Barrier Resources System’’ for ‘‘a Coastal Barrier Resources System’’. 1988—Subsecs. (a)(1), (b). Pub. L. 100–707 inserted ‘‘and along the shore areas of the Great Lakes’’ after ‘‘Atlan- tic and Gulf coasts’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–117, § 1, Nov. 25, 2024, 138 Stat. 1608, pro- vided that: ‘‘This Act [amending sections 3502 to 3506 and 3510 of this title and enacting provisions set out as a note under section 3504 of this title and listed in a table of Revision of Maps for Units of System set out under section 3503 of this title] may be cited as the ‘Bolstering Ecosystems Against Coastal Harm Act’ or the ‘BEACH Act’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–358, § 1, Dec. 21, 2018, 132 Stat. 5078, pro- vided that: ‘‘This Act [amending section 3503 of this title and enacting and amending provisions set out as notes under section 3503 of this title] may be cited as the ‘Strengthening Coastal Communities Act of 2018’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–514, § 1, Nov. 13, 2000, 114 Stat. 2394, pro- vided that: ‘‘This Act [amending sections 3502, 3503, and 3510 of this title, repealing section 3509 of this title, en- acting provisions set out as notes under this section and section 3503 of this title, and amending and repeal- ing provisions set out as notes under section 3503 of this title] may be cited as the ‘Coastal Barrier Resources Reauthorization Act of 2000’.’’ SHORT TITLE OF 1999 AMENDMENT Pub. L. 106–167, § 1, Dec. 9, 1999, 113 Stat. 1803, provided that: ‘‘This Act [amending this section and sections 3502, 3503, and 3509 of this title, section 1441a–3 of Title 12, Banks and Banking, and section 4028 of Title 42, The Public Health and Welfare, and enacting and amending provisions set out as notes under section 3503 of this title] may be cited as the ‘John H. Chafee Coastal Bar- rier Resources System Act’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–591, § 1, Nov. 16, 1990, 104 Stat. 2931, pro- vided that: ‘‘This Act [enacting section 1441a–3 of Title 12, Banks and Banking, amending sections 3502 to 3506 and 3510 of this title and section 4028 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under section 3503 of this title, and repealing provisions set out as a note under section 3505 of this title] may be cited as the ‘Coastal Barrier Improve- ment Act of 1990’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–707, title II, § 204(a), Nov. 23, 1988, 102 Stat. 4713, provided that: ‘‘This section [amending this sec- tion and sections 3502 and 3503 of this title and enacting provisions set out as a note under section 3505 of this title] may be cited as the ‘Great Lakes Coastal Barrier Act of 1988’.’’ SHORT TITLE Pub. L. 97–348, § 1, Oct. 18, 1982, 96 Stat. 1653, provided that: ‘‘This Act [enacting this chapter, amending sec- tion 4028 of Title 42, The Public Health and Welfare, and repealing provisions set out as a note under section 4028 of Title 42] may be cited as the ‘Coastal Barrier Re- sources Act’.’’ ECONOMIC ASSESSMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM Pub. L. 106–514, § 7, Nov. 13, 2000, 114 Stat. 2397, re- quired the Secretary of the Interior to submit to Con- gress, no later than 1 year after Nov. 13, 2000, an eco- nomic assessment of the John H. Chafee Coastal Bar- rier Resources System that would consider the impact on Federal expenditures of the Coastal Barrier Re- sources Act (16 U.S.C. 3501 et seq.). § 3502. Definitions (a) In general For purposes of this chapter: (1) Coastal barrier The term ‘‘coastal barrier’’ means—