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16 USC CHAPTER 26 - ESTUARINE AREAS 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 26 - ESTUARINE AREAS

.

-HEAD-

CHAPTER 26 - ESTUARINE AREAS

-MISC1-

Sec.

1221. Congressional declaration of policy.

1222. General study and inventory of estuaries and their natural

resources.

(a) Estuaries included; considerations; other

applicable studies.

(b) Federal or State land acquisition or

administration; other protective methods.

(c) Report to Congress; recommendations;

authorization for acquisition of lands;

consultation with States and Federal agencies;

accompanying statement of views, probable

effects, and major trends.

(d) Authorization of appropriations.

1223. Agreements with States and subdivisions; equitable sharing of

costs; development improvements; availability of appropriations;

State hunting and fishing laws applicable.

1224. Commercial and industrial development considerations; reports

to Congress; recommendations.

1225. State consideration of protection and restoration of

estuaries in State comprehensive planning and proposals for

financial assistance under certain Federal laws; grants: terms

and conditions, prohibition against disposition of lands without

approval of the Secretary.

1226. Federal agency authority to carry out Federal project within

an estuary unaffected.

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16 USC Sec. 1221 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 26 - ESTUARINE AREAS

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Sec. 1221. Congressional declaration of policy

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Congress finds and declares that many estuaries in the United

States are rich in a variety of natural, commercial, and other

resources, including environmental natural beauty, and are of

immediate and potential value to the present and future generations

of Americans. It is therefore the purpose of this chapter to

provide a means for considering the need to protect, conserve, and

restore these estuaries in a manner that adequately and reasonably

maintains a balance between the national need for such protection

in the interest of conserving the natural resources and natural

beauty of the Nation and the need to develop these estuaries to

further the growth and development of the Nation. In connection

with the exercise of jurisdiction over the estuaries of the Nation

and in consequence of the benefits resulting to the public, it is

declared to be the policy of Congress to recognize, preserve, and

protect the responsibilities of the States in protecting,

conserving, and restoring the estuaries in the United States.

-SOURCE-

(Pub. L. 90-454, Sec. 1, Aug. 3, 1968, 82 Stat. 625.)

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16 USC Sec. 1222 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 26 - ESTUARINE AREAS

-HEAD-

Sec. 1222. General study and inventory of estuaries and their

natural resources

-STATUTE-

(a) Estuaries included; considerations; other applicable studies

The Secretary of the Interior, in consultation and in cooperation

with the States, the Secretary of the Army, and other Federal

agencies, shall conduct directly or by contract a study and

inventory of the Nation's estuaries, including without limitation

coastal marshlands, bays, sounds, seaward areas, lagoons, and land

and waters of the Great Lakes. For the purpose of this study, the

Secretary shall consider, among other matters, (1) their wildlife

and recreational potential, their ecology, their value to the

marine, anadromous, and shell fisheries and their esthetic value,

(2) their importance to navigation, their value for flood,

hurricane, and erosion control, their mineral value, and the value

of submerged lands underlying the waters of the estuaries, and (3)

the value of such areas for more intensive development for economic

use as part of urban developments and for commercial and industrial

developments. This study and inventory shall be carried out in

conjunction with the comprehensive estuarine pollution study

authorized by section 5(g) of the Federal Water Pollution Control

Act, as amended (33 U.S.C. 1254(n)), and other applicable studies.

(b) Federal or State land acquisition or administration; other

protective methods

The study shall focus attention on whether any land or water area

within an estuary and the Great Lakes should be acquired or

administered by the Secretary or by a State or local subdivision

thereof, or whether such land or water area may be protected

adequately through local, State, or Federal laws or other methods

without Federal land acquisition or administration.

(c) Report to Congress; recommendations; authorization for

acquisition of lands; consultation with States and Federal

agencies; accompanying statement of views, probable effects,

and major trends

The Secretary of the Interior shall, not later than January 30,

1970, submit to the Congress through the President a report of the

study conducted pursuant to this section, together with any

legislative recommendations, including recommendations on the

feasibility and desirability of establishing a nationwide system of

estuarine areas, the terms, conditions, and authorities to govern

such system, and the designation and acquisition of any specific

estuarine areas of national significance which he believes should

be acquired by the United States. No lands within such area may be

acquired until authorized by subsequent Act of Congress.

Recommendations made by the Secretary for the acquisition of any

estuarine area shall be developed in consultation with the States,

municipalities, and other interested Federal agencies. Each such

recommendation shall be accompanied by (1) expressions of any views

which the interested States, municipalities, and other Federal

agencies and river basin commissions may submit within sixty days

after having been notified of the proposed recommendations, (2) a

statement setting forth the probable effect of the recommended

action on any comprehensive river basin plan that may have been

adopted by Congress or that is serving as a guide for coordinating

Federal programs in the basin wherein such area is located, (3) in

the absence of such a plan, a statement indicating the probable

effect of the recommended action on alternative beneficial users of

the resources of the proposed estuarine area, and (4) a discussion

of the major economic, social, and ecological trends occurring in

such area.

(d) Authorization of appropriations

There is authorized to be appropriated not to exceed $250,000 for

fiscal year 1969 and $250,000 for fiscal year 1970 to carry out the

provisions of this section. Such sums shall be available until

expended.

-SOURCE-

(Pub. L. 90-454, Sec. 2, Aug. 3, 1968, 82 Stat. 626.)

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REFERENCES IN TEXT

Section 5(g) of the Federal Water Pollution Control Act, as

amended, referred to in text, was originally classified to section

466c(g) of Title 33, Navigation and Navigable Waters. Section 5(g)

of the Act was redesignated as section 5(m) by sec. 105(l) of Pub.

L. 91-224, Apr. 3, 1970, 84 Stat. 111, and was reclassified to

section 1155(m) of Title 33. The Federal Water Pollution Control

Act was amended generally by sec. 2 of Pub. L. 92-500, Oct. 18,

1972, 86 Stat. 816, and the provisions relating to comprehensive

estuarine pollution study are contained in section 104(n), which is

classified to section 1254(n) of Title 33.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1223 of this title.

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16 USC Sec. 1223 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 26 - ESTUARINE AREAS

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Sec. 1223. Agreements with States and subdivisions; equitable

sharing of costs; development improvements; availability of

appropriations; State hunting and fishing laws applicable

-STATUTE-

After the completion of the general study authorized by section

1222 of this title, the Secretary of the Interior, with the

approval of the President, may enter into an agreement, containing

such terms and conditions as are mutually acceptable, with any

State or with a political subdivision or agency thereof (if the

agreement with such subdivision or agency is first approved by the

Governor of the State involved or by a State agency designated for

that purpose) for the permanent management, development, and

administration of any area, land, or interests therein within an

estuary and adjacent lands which are owned or thereafter acquired

by a State or by any political subdivision thereof: Provided, That,

with the approval of the Governor of the State involved or of a

State agency designated for that purpose, the Secretary may also

enter into such an agreement for any particular area whenever the

segment of the general study applicable to that area is completed

subject to the provisions of subsections (a) and (b) of section

1222 of this title. Such agreement shall, among other things,

provide that the State or a political subdivision or agency thereof

and the Secretary shall share in an equitable manner in the cost of

managing, administering, and developing such areas, and such

development may include the construction, operation, installation,

and maintenance of buildings, devices, structures, recreational

facilities, access roads, and other improvements, and such

agreement shall be subject to the availability of appropriations.

State hunting and fishing laws and regulations shall be applicable

to such areas to the extent they are now or hereafter applicable.

-SOURCE-

(Pub. L. 90-454, Sec. 3, Aug. 3, 1968, 82 Stat. 627.)

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16 USC Sec. 1224 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 26 - ESTUARINE AREAS

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Sec. 1224. Commercial and industrial development considerations;

reports to Congress; recommendations

-STATUTE-

In planning for the use or development of water and land

resources, all Federal agencies shall give consideration to

estuaries and their natural resources, and their importance for

commercial and industrial developments, and all project plans and

reports affecting such estuaries and resources submitted to the

Congress shall contain a discussion by the Secretary of the

Interior of such estuaries and such resources and the effects of

the project on them and his recommendations thereon. The Secretary

of the Interior shall make his recommendations within ninety days

after receipt of such plans and reports.

-SOURCE-

(Pub. L. 90-454, Sec. 4, Aug. 3, 1968, 82 Stat. 627.)

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16 USC Sec. 1225 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 26 - ESTUARINE AREAS

-HEAD-

Sec. 1225. State consideration of protection and restoration of

estuaries in State comprehensive planning and proposals for

financial assistance under certain Federal laws; grants: terms

and conditions, prohibition against disposition of lands

without approval of the Secretary

-STATUTE-

The Secretary of the Interior shall encourage States and local

subdivisions thereof to consider, in their comprehensive planning

and proposals for financial assistance under the Federal Aid in

Wildlife Restoration Act (50 Stat. 917), as amended (16 U.S.C. 669

et seq.), the Federal Aid in Fish Restoration Act (64 Stat. 430),

as amended (16 U.S.C. 777 et seq.), the Land and Water Conservation

Fund Act of 1965 (78 Stat. 897) (16 U.S.C. 460l-4 et seq.), the

Commercial Fisheries Research and Development Act of 1964 (FOOTNOTE

1) (78 Stat. 197) (16 U.S.C. 779 et seq.), and the Anadromous and

Great Lakes Fisheries Conservation Act of October 30, 1965 (79

Stat. 1125) (16 U.S.C. 757a et seq.), the needs and opportunities

for protecting and restoring estuaries in accordance with the

purposes of this Act. In approving grants made pursuant to said

laws for the acquisition of all or part of an estuarine area by a

State, the Secretary shall establish such terms and conditions as

he deems desirable to insure the permanent protection of such

areas, including a provision that the lands or interests therein

shall not be disposed of by sale, lease, donation, or exchange

without the prior approval of the Secretary.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 90-454, Sec. 5, Aug. 3, 1968, 82 Stat. 627.)

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REFERENCES IN TEXT

The Federal Aid in Wildlife Restoration Act, as amended, referred

to in text, is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as

amended, also known as the Pittman-Robertson Wildlife Restoration

Act, which is classified generally to chapter 5B (Sec. 669 et seq.)

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 669 of this title

and Tables.

The Federal Aid in Fish Restoration Act, as amended, referred to

in text, is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended,

also known as the Dingell-Johnson Sport Fish Restoration Act and

the Fish Restoration and Management Projects Act, which is

classified generally to chapter 10B (Sec. 777 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 777 of this title and

Tables.

The Land and Water Conservation Fund Act of 1965, referred to in

text, is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended,

which is classified generally to part B (Sec. 460l-4 et seq.) of

subchapter LXIX of chapter 1 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 460l-4 of this title and Tables.

The Commercial Fisheries Research and Development Act of 1964,

referred to in text, is Pub. L. 88-309, May 20, 1964, 78 Stat. 197,

as amended, which was classified generally to chapter 10D (Sec. 779

et seq.) of this title, was repealed by Pub. L. 99-659, title III,

Sec. 309, Nov. 14, 1986, 100 Stat. 3736.

The Anadromous and Great Lakes Fisheries Conservation Act of

October 30, 1965, referred to in text, probably means the

Anadromous Fish Conservation Act, Pub. L. 89-304, Oct. 30, 1965, 79

Stat. 1125, as amended, which is classified generally to sections

757a to 757g of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 757a of

this title and Tables.

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16 USC Sec. 1226 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 26 - ESTUARINE AREAS

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Sec. 1226. Federal agency authority to carry out Federal project

within an estuary unaffected

-STATUTE-

Nothing in this chapter shall be construed to affect the

authority of any Federal agency to carry out any Federal project

heretofore or hereafter authorized within an estuary.

-SOURCE-

(Pub. L. 90-454, Sec. 6, Aug. 3, 1968, 82 Stat. 628.)

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