US (United States) Code. Title 16. Chapter 59A: Wetlands

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 59A - WETLANDS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59A - WETLANDS

.

-HEAD-

CHAPTER 59A - WETLANDS

-MISC1-

Sec.

3951. Definitions.

3952. Priority Louisiana coastal wetlands restoration projects.

(a) Priority project list.

(b) Federal and State project planning.

(c) Coastal wetlands restoration project benefits.

(d) Consistency.

(e) Funding of wetlands restoration projects.

(f) Cost-sharing.

3953. Louisiana coastal wetlands conservation planning.

(a) Development of conservation plan.

(b) Conservation plan goal.

(c) Elements of conservation plan.

(d) Approval of conservation plan.

(e) Modification of conservation plan.

(f) Amendments to conservation plan.

(g) Implementation of conservation plan.

(h) Federal oversight.

3954. National coastal wetlands conservation grants.

(a) Matching grants.

(b) Priority.

(c) Conditions.

(d) Cost-sharing.

(e) Partial payments.

(f) Wetlands assessment.

3955. Distribution of appropriations.

(a) Priority project and conservation planning

expenditures.

(b) Coastal wetlands conservation grants.

(c) North American wetlands conservation.

3956. General provisions.

(a) Additional authority for Corps of Engineers.

(b) Study.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 777c of this title; title

26 section 9504.

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16 USC Sec. 3951 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 59A - WETLANDS

-HEAD-

Sec. 3951. Definitions

-STATUTE-

As used in this chapter, the term -

(1) ''Secretary'' means the Secretary of the Army;

(2) ''Administrator'' means the Administrator of the

Environmental Protection Agency;

(3) ''development activities'' means any activity, including

the discharge of dredged or fill material, which results directly

in a more than de minimus change in the hydrologic regime, bottom

contour, or the type, distribution or diversity of hydrophytic

vegetation, or which impairs the flow, reach, or circulation of

surface water within wetlands or other waters;

(4) ''State'' means the State of Louisiana;

(5) ''coastal State'' means a State of the United States in, or

bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of

Mexico, Long Island Sound, or one or more of the Great Lakes; for

the purposes of this chapter, the term also includes Puerto Rico,

the Virgin Islands, Guam, the Commonwealth of the Northern

Mariana Islands, and the Trust Territories of the Pacific

Islands, and American Samoa;

(6) ''coastal wetlands restoration project'' means any

technically feasible activity to create, restore, protect, or

enhance coastal wetlands through sediment and freshwater

diversion, water management, or other measures that the Task

Force finds will significantly contribute to the long-term

restoration or protection of the physical, chemical and

biological integrity of coastal wetlands in the State of

Louisiana, and includes any such activity authorized under this

chapter or under any other provision of law, including, but not

limited to, new projects, completion or expansion of existing or

on-going projects, individual phases, portions, or components of

projects and operation, maintanence (FOOTNOTE 1) and

rehabilitation of completed projects; the primary purpose of a

''coastal wetlands restoration project'' shall not be to provide

navigation, irrigation or flood control benefits;

(FOOTNOTE 1) So in original. Probably should be

''maintenance''.

(7) ''coastal wetlands conservation project'' means -

(A) the obtaining of a real property interest in coastal

lands or waters, if the obtaining of such interest is subject

to terms and conditions that will ensure that the real property

will be administered for the long-term conservation of such

lands and waters and the hydrology, water quality and fish and

wildlife dependent thereon; and

(B) the restoration, management, or enhancement of coastal

wetlands ecosystems if such restoration, management, or

enhancement is conducted on coastal lands and waters that are

administered for the long-term conservation of such lands and

waters and the hydrology, water quality and fish and wildlife

dependent thereon;

(8) ''Governor'' means the Governor of Louisiana;

(9) ''Task Force'' means the Louisiana Coastal Wetlands

Conservation and Restoration Task Force which shall consist of

the Secretary, who shall serve as chairman, the Administrator,

the Governor, the Secretary of the Interior, the Secretary of

Agriculture and the Secretary of Commerce; and

(10) ''Director'' means the Director of the United States Fish

and Wildlife Service.

-SOURCE-

(Pub. L. 101-646, title III, Sec. 302, Nov. 29, 1990, 104 Stat.

4778.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title III of Pub. L. 101-646, Nov. 29, 1990, 104

Stat. 4778, which is classified principally to this chapter. For

complete classification of title III to the Code, see Short Title

note set out below and Tables.

-MISC2-

SHORT TITLE

Section 301 of title III of Pub. L. 101-646 provided that: ''This

title (enacting this chapter and amending section 777c of this

title) may be cited as the 'Coastal Wetlands Planning, Protection

and Restoration Act'.''

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-CITE-

16 USC Sec. 3952 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 59A - WETLANDS

-HEAD-

Sec. 3952. Priority Louisiana coastal wetlands restoration projects

-STATUTE-

(a) Priority project list

(1) Preparation of list

Within forty-five days after November 29, 1990, the Secretary

shall convene the Task Force to initiate a process to identify

and prepare a list of coastal wetlands restoration projects in

Louisiana to provide for the long-term conservation of such

wetlands and dependent fish and wildlife populations in order of

priority, based on the cost-effectiveness of such projects in

creating, restoring, protecting, or enhancing coastal wetlands,

taking into account the quality of such coastal wetlands, with

due allowance for small-scale projects necessary to demonstrate

the use of new techniques or materials for coastal wetlands

restoration.

(2) Task Force procedures

The Secretary shall convene meetings of the Task Force as

appropriate to ensure that the list is produced and transmitted

annually to the Congress as required by this subsection. If

necessary to ensure transmittal of the list on a timely basis,

the Task Force shall produce the list by a majority vote of those

Task Force members who are present and voting; except that no

coastal wetlands restoration project shall be placed on the list

without the concurrence of the lead Task Force member that the

project is cost effective and sound from an engineering

perspective. Those projects which potentially impact navigation

or flood control on the lower Mississippi River System shall be

constructed consistent with section 3953 of this title.

(3) Transmittal of list

No later than one year after November 29, 1990, the Secretary

shall transmit to the Congress the list of priority coastal

wetlands restoration projects required by paragraph (1) of this

subsection. Thereafter, the list shall be updated annually by

the Task Force members and transmitted by the Secretary to the

Congress as part of the President's annual budget submission.

Annual transmittals of the list to the Congress shall include a

status report on each project and a statement from the Secretary

of the Treasury indicating the amounts available for expenditure

to carry out this chapter.

(4) List of contents

(A) Area identification; project description. - The list of

priority coastal wetlands restoration projects shall include, but

not be limited to -

(i) identification, by map or other means, of the coastal

area to be covered by the coastal wetlands restoration project;

and

(ii) a detailed description of each proposed coastal wetlands

restoration project including a justification for including

such project on the list, the proposed activities to be carried

out pursuant to each coastal wetlands restoration project, the

benefits to be realized by such project, the identification of

the lead Task Force member to undertake each proposed coastal

wetlands restoration project and the responsibilities of each

other participating Task Force member, an estimated timetable

for the completion of each coastal wetlands restoration

project, and the estimated cost of each project.

(B) Pre-plan. - Prior to the date on which the plan required by

subsection (b) of this section becomes effective, such list shall

include only those coastal wetlands restoration projects that can

be substantially completed during a five-year period commencing

on the date the project is placed on the list.

(C) Subsequent to the date on which the plan required by

subsection (b) of this section becomes effective, such list shall

include only those coastal wetlands restoration projects that

have been identified in such plan.

(5) Funding

The Secretary shall, with the funds made available in

accordance with section 3955 of this title, allocate funds among

the members of the Task Force based on the need for such funds

and such other factors as the Task Force deems appropriate to

carry out the purposes of this subsection.

(b) Federal and State project planning

(1) Plan preparation

The Task Force shall prepare a plan to identify coastal

wetlands restoration projects, in order of priority, based on the

cost-effectiveness of such projects in creating, restoring,

protecting, or enhancing the long-term conservation of coastal

wetlands, taking into account the quality of such coastal

wetlands, with due allowance for small-scale projects necessary

to demonstrate the use of new techniques or materials for coastal

wetlands restoration. Such restoration plan shall be completed

within three years from November 29, 1990.

(2) Purpose of the plan

The purpose of the restoration plan is to develop a

comprehensive approach to restore and prevent the loss of,

coastal wetlands in Louisiana. Such plan shall coordinate and

integrate coastal wetlands restoration projects in a manner that

will ensure the long-term conservation of the coastal wetlands of

Louisiana.

(3) Integration of existing plans

In developing the restoration plan, the Task Force shall seek

to integrate the ''Louisiana Comprehensive Coastal Wetlands

Feasibility Study'' conducted by the Secretary of the Army and

the ''Coastal Wetlands Conservation and Restoration Plan''

prepared by the State of Louisiana's Wetlands Conservation and

Restoration Task Force.

(4) Elements of the plan

The restoration plan developed pursuant to this subsection

shall include -

(A) identification of the entire area in the State that

contains coastal wetlands;

(B) identification, by map or other means, of coastal areas

in Louisiana in need of coastal wetlands restoration projects;

(C) identification of high priority coastal wetlands

restoration projects in Louisiana needed to address the areas

identified in subparagraph (B) and that would provide for the

long-term conservation of restored wetlands and dependent fish

and wildlife populations;

(D) a listing of such coastal wetlands restoration projects,

in order of priority, to be submitted annually, incorporating

any project identified previously in lists produced and

submitted under subsection (a) of this section;

(E) a detailed description of each proposed coastal wetlands

restoration project, including a justification for including

such project on the list;

(F) the proposed activities to be carried out pursuant to

each coastal wetlands restoration project;

(G) the benefits to be realized by each such project;

(H) an estimated timetable for completion of each coastal

wetlands restoration project;

(I) an estimate of the cost of each coastal wetlands

restoration project;

(J) identification of a lead Task Force member to undertake

each proposed coastal wetlands restoration project listed in

the plan;

(K) consultation with the public and provision for public

review during development of the plan; and

(L) evaluation of the effectiveness of each coastal wetlands

restoration project in achieving long-term solutions to

arresting coastal wetlands loss in Louisiana.

(5) Plan modification

The Task Force may modify the restoration plan from time to

time as necessary to carry out the purposes of this section.

(6) Plan submission

Upon completion of the restoration plan, the Secretary shall

submit the plan to the Congress. The restoration plan shall

become effective ninety days after the date of its submission to

the Congress.

(7) Plan evaluation

Not less than three years after the completion and submission

of the restoration plan required by this subsection and at least

every three years thereafter, the Task Force shall provide a

report to the Congress containing a scientific evaluation of the

effectiveness of the coastal wetlands restoration projects

carried out under the plan in creating, restoring, protecting and

enhancing coastal wetlands in Louisiana.

(c) Coastal wetlands restoration project benefits

Where such a determination is required under applicable law, the

net ecological, aesthetic, and cultural benefits, together with the

economic benefits, shall be deemed to exceed the costs of any

coastal wetlands restoration project within the State which the

Task Force finds to contribute significantly to wetlands

restoration.

(d) Consistency

(1) In implementing, maintaining, modifying, or rehabilitating

navigation, flood control or irrigation projects, other than

emergency actions, under other authorities, the Secretary, in

consultation with the Director and the Administrator, shall ensure

that such actions are consistent with the purposes of the

restoration plan submitted pursuant to this section.

(2) At the request of the Governor of the State of Louisiana, the

Secretary of Commerce shall approve the plan as an amendment to the

State's coastal zone management program approved under section 1455

of this title.

(e) Funding of wetlands restoration projects

The Secretary shall, with the funds made available in accordance

with this chapter, allocate such funds among the members of the

Task Force to carry out coastal wetlands restoration projects in

accordance with the priorities set forth in the list transmitted in

accordance with this section. The Secretary shall not fund a

coastal wetlands restoration project unless that project is subject

to such terms and conditions as necessary to ensure that wetlands

restored, enhanced or managed through that project will be

administered for the long-term conservation of such lands and

waters and dependent fish and wildlife populations.

(f) Cost-sharing

(1) Federal share

Amounts made available in accordance with section 3955 of this

title to carry out coastal wetlands restoration projects under

this chapter shall provide 75 percent of the cost of such

projects.

(2) Federal share upon conservation plan approval

Notwithstanding the previous paragraph, if the State develops a

Coastal Wetlands Conservation Plan pursuant to this chapter, and

such conservation plan is approved pursuant to section 3953 of

this title, amounts made available in accordance with section

3955 of this title for any coastal wetlands restoration project

under this section shall be 85 percent of the cost of the

project. In the event that the Secretary, the Director, and the

Administrator jointly determine that the State is not taking

reasonable steps to implement and administer a conservation plan

developed and approved pursuant to this chapter, amounts made

available in accordance with section 3955 of this title for any

coastal wetlands restoration project shall revert to 75 percent

of the cost of the project: Provided, however, that (FOOTNOTE 1)

such reversion to the lower cost share level shall not occur

until the Governor has been provided notice of, and opportunity

for hearing on, any such determination by the Secretary, the

Director, and Administrator, and the State has been given ninety

days from such notice or hearing to take corrective action.

(FOOTNOTE 1) So in original. Probably should be capitalized.

(3) Form of State share

The share of the cost required of the State shall be from a

non-Federal source. Such State share shall consist of a cash

contribution of not less than 5 percent of the cost of the

project. The balance of such State share may take the form of

lands, easements, or right-of-way, or any other form of in-kind

contribution determined to be appropriate by the lead Task Force

member.

(4) Existing cost-sharing agreements

Paragraphs (1), (2), (3), and (5) of this subsection shall not

affect the existing cost-sharing agreements for the following

projects: Caernarvon Freshwater Diversion, Davis Pond Freshwater

Diversion, and Bonnet Carre Freshwater Diversion.

(5) Federal share in calendar years 1996 and 1997

Notwithstanding paragraphs (1) and (2), upon approval of the

conservation plan under section 3953 of this title and a

determination by the Secretary that a reduction in the

non-Federal share is warranted, amounts made available in

accordance with section 3955 of this title to carry out coastal

wetlands restoration projects under this section in calendar

years 1996 and 1997 shall provide 90 percent of the cost of such

projects.

-SOURCE-

(Pub. L. 101-646, title III, Sec. 303, Nov. 29, 1990, 104 Stat.

4779; Pub. L. 104-303, title V, Sec. 532, Oct. 12, 1996, 110 Stat.

3774.)

-MISC1-

AMENDMENTS

1996 - Subsec. (f)(4). Pub. L. 104-303, Sec. 532(1), substituted

''(3), and (5)'' for ''and (3)''.

Subsec. (f)(5). Pub. L. 104-303, Sec. 532(2), added par. (5).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3953 of this title.

-CITE-

16 USC Sec. 3953 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59A - WETLANDS

-HEAD-

Sec. 3953. Louisiana coastal wetlands conservation planning

-STATUTE-

(a) Development of conservation plan

(1) Agreement

The Secretary, the Director, and the Administrator are directed

to enter into an agreement with the Governor, as set forth in

paragraph (2) of this subsection, upon notification of the

Governor's willingness to enter into such agreement.

(2) Terms of agreement

(A) Upon receiving notification pursuant to paragraph (1) of

this subsection, the Secretary, the Director, and the

Administrator shall promptly enter into an agreement (hereafter

in this section referred to as the ''agreement'') with the State

under the terms set forth in subparagraph (B) of this paragraph.

(B) The agreement shall -

(i) set forth a process by which the State agrees to develop,

in accordance with this section, a coastal wetlands

conservation plan (hereafter in this section referred to as the

''conservation plan'');

(ii) designate a single agency of the State to develop the

conservation plan;

(iii) assure an opportunity for participation in the

development of the conservation plan, during the planning

period, by the public and by Federal and State agencies;

(iv) obligate the State, not later than three years after the

date of signing the agreement, unless extended by the parties

thereto, to submit the conservation plan to the Secretary, the

Director, and the Administrator for their approval; and

(v) upon approval of the conservation plan, obligate the

State to implement the conservation plan.

(3) Grants and assistance

Upon the date of signing the agreement -

(A) the Administrator shall, in consultation with the

Director, with the funds made available in accordance with

section 3955 of this title, make grants during the development

of the conservation plan to assist the designated State agency

in developing such plan. Such grants shall not exceed 75

percent of the cost of developing the plan; and

(B) the Secretary, the Director, and the Administrator shall

provide technical assistance to the State to assist it in the

development of the plan.

(b) Conservation plan goal

If a conservation plan is developed pursuant to this section, it

shall have a goal of achieving no net loss of wetlands in the

coastal areas of Louisiana as a result of development activities

initiated subsequent to approval of the plan, exclusive of any

wetlands gains achieved through implementation of section 3952 of

this title.

(c) Elements of conservation plan

The conservation plan authorized by this section shall include -

(1) identification of the entire coastal area in the State that

contains coastal wetlands;

(2) designation of a single State agency with the

responsibility for implementing and enforcing the plan;

(3) identification of measures that the State shall take in

addition to existing Federal authority to achieve a goal of no

net loss of wetlands as a result of development activities,

exclusive of any wetlands gains achieved through implementation

of section 3952 of this title;

(4) a system that the State shall implement to account for

gains and losses of coastal wetlands within coastal areas for

purposes of evaluating the degree to which the goal of no net

loss of wetlands as a result of development activities in such

wetlands or other waters has been attained;

(5) satisfactory assurances that the State will have adequate

personnel, funding, and authority to implement the plan;

(6) a program to be carried out by the State for the purpose of

educating the public concerning the necessity to conserve

wetlands;

(7) a program to encourage the use of technology by persons

engaged in development activities 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 wetlands 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 Administrator 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 Administrator shall

approve a conservation plan submitted 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

complies 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 Administrator determine

that a conservation plan submitted by the Governor does not

comply with the requirements of subsection (d) of this section,

they shall submit to the Governor 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 conservation plan to the

Secretary, the Director, and the Administrator for their

reconsideration, the Secretary, the Director, and Administrator

shall have ninety days to determine whether the modifications are

sufficient to bring the plan into compliance with requirements of

subsection (d) of this section.

(3) Approval of modified plan

If the Secretary, the Director, and the Administrator 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; except 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 section 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 report to

the Congress as to the status of a conservation plan approved

under this section and the progress of the State in carrying out

such a plan, including and (FOOTNOTE 1) accounting, as required

under subsection (c) of this section, of the gains and losses of

coastal wetlands as a result of development activities.

(FOOTNOTE 1) So in original. Probably should be ''an''.

(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, report to the Congress on the status

of the conservation plan and provide an evaluation of the

effectiveness of the plan in meeting the goal of this section.

-SOURCE-

(Pub. L. 101-646, title III, Sec. 304, Nov. 29, 1990, 104 Stat.

4783.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3952 of this title.

-CITE-

16 USC Sec. 3954 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59A - WETLANDS

-HEAD-

Sec. 3954. National coastal wetlands conservation grants

-STATUTE-

(a) Matching grants

The Director shall, with the funds made available 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 otherwise provide any matching moneys to any

coastal State which submits a proposal substantial in character and

design to carry out a coastal wetlands conservation project. In

awarding such matching grants, the Director shall give priority 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 coastal wetlands, natural areas and open

spaces. In addition, priority consideration shall be given to

coastal wetlands conservation projects in maritime forests on

coastal barrier islands.

(c) Conditions

The Director may only grant or otherwise provide matching moneys

to a coastal State for purposes of carrying out a coastal wetlands

conservation 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 restored

with such moneys will be administered for the long-term

conservation of such lands and waters and the fish and wildlife

dependent thereon.

(d) Cost-sharing

(1) Federal share

Grants to coastal States of matching moneys 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 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.

(2) Form of State share

The matching moneys required of a coastal State to carry out a

coastal wetlands conservation 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 wetlands 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 available in accordance

with section 3955 of this title, direct the U.S. Fish and Wildlife

Service's National Wetland Inventory to update and digitize

wetlands maps in the State of Texas and to conduct an assessment of

the status, condition, and trends of wetlands in that State.

-SOURCE-

(Pub. L. 101-646, title III, Sec. 305, Nov. 29, 1990, 104 Stat.

4785; Pub. L. 102-212, title III, Sec. 302(a), Dec. 11, 1991, 105

Stat. 1660.)

-MISC1-

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 principal is not

spent, for the purpose of acquiring coastal wetlands, other natural

area or open spaces''.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 302(b) of Pub. L. 102-212 provided that: ''This section

(amending this section) shall apply to grants awarded in fiscal

year 1992 and each fiscal year thereafter.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3955 of this title.

-CITE-

16 USC Sec. 3955 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59A - WETLANDS

-HEAD-

Sec. 3955. Distribution of appropriations

-STATUTE-

(a) Priority project and conservation planning expenditures

Of the total amount appropriated during a given fiscal year to

carry out this chapter, 70 percent, not to exceed $70,000,000,

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, not to exceed $15,000,000 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) of this section, 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, not to exceed $15,000,000,

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 ecosystems in

any coastal State under section 4407 of this title.

-SOURCE-

(Pub. L. 101-646, title III, Sec. 306, Nov. 29, 1990, 104 Stat.

4786; Pub. L. 103-375, Sec. 5, Oct. 19, 1994, 108 Stat. 3495.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-375 inserted ''in coastal

wetlands ecosystems'' after ''wetlands conservation projects''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3952, 3953, 3954 of this

title.

-CITE-

16 USC Sec. 3956 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 59A - WETLANDS

-HEAD-

Sec. 3956. General provisions

-STATUTE-

(a) Additional authority for Corps of Engineers

The Secretary is authorized to carry out projects for the

protection, restoration, or enhancement of aquatic and associated

ecosystems, 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

consideration with projects relating to irrigation, navigation, or

flood control.

(b) Study

The Secretary is hereby authorized and directed to study the

feasibility of modifying the operation of existing navigation and

flood control projects to allow for an increase in the share of the

Mississippi River flows and sediment sent down the Atchafalaya

River for purposes of land building and wetlands nourishment.

-SOURCE-

(Pub. L. 101-646, title III, Sec. 307, Nov. 29, 1990, 104 Stat.

4787.)

-CITE-