§ 3954. — National coastal wetlands conservation grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3954]
TITLE 16--CONSERVATION
CHAPTER 59A--WETLANDS
Sec. 3954. National coastal wetlands conservation grants
(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.
(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.)
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.''
Section Referred to in Other Sections
This section is referred to in section 3955 of this title.
