§ 3505. — Exceptions to limitations on expenditures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3505]
TITLE 16--CONSERVATION
CHAPTER 55--COASTAL BARRIER RESOURCES
Sec. 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
expenditures and may make financial assistance available within the
System for the following:
(1) Any use or facility necessary for the exploration,
extraction, or transportation of energy resources which can be
carried out only on, in, or adjacent to a coastal water area because
the use or facility requires access to the coastal water body.
(2) The maintenance or construction of improvements of existing
Federal navigation channels (including the Intracoastal Waterway)
and related structures (such as jetties), including the disposal of
dredge materials related to such maintenance or construction.
(3) The maintenance, replacement, reconstruction, 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, maintenance, and rehabilitation
of Coast Guard facilities and access thereto.
(6) Any of the following actions or projects, if a particular
expenditure or the making available of particular assistance for the
action 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 acquisition of fish and wildlife habitats and related
lands, stabilization projects for fish and wildlife habitats,
and recreational projects.
(B) Establishment, operation, and maintenance of air and
water navigation aids and devices, and for access thereto.
(C) Projects under the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-4 through 11) and the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.).
(D) Scientific research, including aeronautical,
atmospheric, space, geologic, marine, fish and wildlife, and
other research, development, and applications.
(E) Assistance for emergency actions essential to the saving
of lives and the protection of property and the public health
and safety, if such actions are performed pursuant to sections
5170a, 5170b, and 5192 of title 42 and section 1362 \1\ of the
National Flood Insurance Act of 1968 (42 U.S.C. 4103) and are
limited to actions that are necessary to alleviate the
emergency.
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\1\ See References in Text note below.
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(F) Maintenance, replacement, reconstruction, 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, enhance, or restore a natural
stabilization system.
(b) Existing Federal navigation channels
For purposes of subsection (a)(2) of this section, 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 relevant 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 expenditures or financial
assistance within the System under subsection (a)(3) of this section
shall not apply to a highway--
(1) located in a unit of the System in Michigan; 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 assistance provided for services or
facilities and related infrastructure located outside the boundaries
of unit T-11 of the System (as depicted 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 provided under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) for
any new construction or substantial improvements relating to
services or facilities and related infrastructure located outside
the boundaries of unit T-11 of the System that facilitate an
activity within that unit that is not consistent with the purposes
of this chapter.
(3) Prohibition of HUD assistance
(A) In general
No financial assistance for acquisition, construction, or
improvement purposes may be provided under any program
administered by the Secretary of Housing and Urban Development
for any services or facilities and related infrastructure
located outside the boundaries of unit T-11 of the System that
facilitate an activity within that unit that is not consistent
with the purposes of this chapter.
(B) ``Financial assistance'' defined
For purposes of this paragraph, the term ``financial
assistance'' includes any contract, loan, grant, cooperative
agreement, or other form of assistance, including the insurance
or guarantee of a loan, mortgage, or pool of mortgages.
(Pub. L. 97-348, Sec. 6, Oct. 18, 1982, 96 Stat. 1656; Pub. L. 100-707,
title I, Sec. 109(h), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 101-591,
Sec. 5(a), Nov. 16, 1990, 104 Stat. 2934.)
References in Text
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (a)(6)(C), 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 Coastal Zone Management Act of 1972, referred to in subsec.
(a)(6)(C), is title III of Pub. L. 89-454, as added by Pub. L. 92-583,
Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified generally
to chapter 33 (Sec. 1451 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1451 of this title and Tables.
Section 1362 of the National Flood Insurance Act of 1968 (42 U.S.C.
4103), referred to in subsec. (a)(6)(E), was repealed by Pub. L. 103-
325, title V, Sec. 551(a), Sept. 23, 1994, 108 Stat. 2269.
The National Flood Insurance Act of 1968, referred to in subsec.
(d)(2), is title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572, as
amended, which is classified principally to chapter 50 (Sec. 4001 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 4001 of Title 42 and Tables.
Amendments
1990--Pub. L. 101-591 amended section generally, substituting
substantially similar provisions in subsec. (a), substituting ``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 relevant System unit or portion of the System unit was
included within the System'' for ``a channel improvement or a related
structure shall be treated as an existing improvement or an existing
related structure only if all, or a portion, of the moneys for such
improvement or structure was appropriated before October 18, 1982'' in
subsec. (b), and adding subsecs. (c) and (d).
1988--Subsec. (a)(6)(E). Pub. L. 100-707 substituted reference to
sections 5170a, 5170b, and 5192 of title 42 for reference to sections
5145 and 5146 of title 42.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Expansion of Highways in Michigan
Section 204(d) of Pub. L. 100-707 exempted existing highways in
Michigan from limitations on the use of Federal expenditures or
financial assistance within the Coastal Barrier Resources System under
16 U.S.C. 3505(a)(3) if the Congress added new units to the Coastal
Barrier Resources System under 16 U.S.C. 3503, and those units included
portions of United States or State highways in the State of Michigan,
prior to repeal by Pub. L. 101-591, Sec. 5(b), Nov. 16, 1990, 104 Stat.
2936. See section 3505(c) of this title.
Section Referred to in Other Sections
This section is referred to in section 3504 of this title.
