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Title 16 — Conservation

Chapter 55 — Coastal Barrier Resources

§ 3504. Limitations on Federal expenditures affecting the System

Statutory text

(a)

Construction or purchase of structure, facility, road, airport, etc.; projects to prevent erosion; exceptions

Except as provided in section 3505 of this title, no new expenditures or new financial assistance may be made available under authority of any Federal law for any purpose within the System, including, but not limited to—

(1)

the construction or purchase of any structure, appurtenance, facility, or related infrastructure;

(2)

the construction or purchase of any road, airport, boat landing facility, or other facility on, or bridge or causeway to, any System unit; and

(3)

the carrying out of any project to prevent the erosion of, or to otherwise stabilize, any inlet, shoreline, or inshore area, except that such assistance and expenditures may be made available on units designated pursuant to section 3503 of this title on maps numbered S01 through S08 and LA07 for purposes other than encouraging development and, in all units, in cases where an emergency threatens life, land, and property immediately adjacent to that unit.

(b)

New expenditures or new financial assistance

An expenditure or financial assistance made available under authority of Federal law shall, for purposes of this chapter, be a new expenditure or new financial assistance if—

(1)

in any case with respect to which specific appropriations are required, no money for construction or purchase purposes was appropriated before the date on which the relevant System unit or portion of the System unit was included within the System under this chapter or the Coastal Barrier Improvement Act of 1990; or

(2)

no legally binding commitment for the expenditure or financial assistance was made before such date.

(c)

Disclosure of limitations

Not later than 2 years after , the Secretary, in consultation with the Secretary of Housing and Urban Development, shall issue regulations requiring the owner or lessor of real property located in a community affected by this chapter, as determined by the Director of the United States Fish and Wildlife Service, to disclose to a prospective buyer or lessee such location of such real property.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Coastal Barrier Resources Act

    Pub. L. 97–348 § 5 · 96 Stat. 1653

    Enacted · 16 U.S.C. § 3504

    Pub. L. 97–348, § 5, Oct. 18, 1982, 96 Stat. 1656

    Source evidence

    Code source credit
    Pub. L. 97–348, § 5, Oct. 18, 1982, 96 Stat. 1656

    Enacted provision · exact public law section
    SEC. 5. LIMITATIONS ON FEDERAL EXPENDITURES AFFECTING THE SYSTEM. (a) Except as provided in section 6, no new expenditures or new financial assistance may be made available under authority of any Federal law for any purpose within the Coastal Barrier Resources System, including, but not limited to— (1) the construction or purchase of any structure, appurtenance, facility, or related infrastructure; (2) the construction or purchase of any road, airport, boat landing facility, or other facility on, or bridge or causeway to, any System unit; and (3) the carrying out of any project to prevent the erosion of, or to otherwise stabilize, any inlet, shoreline, or inshore area, except that such assistance and expenditures may be made available on units designated pursuant to section 4 on maps numbered S01 through S08 for purposes other than encouraging development and, in all units, in cases where an emergency threatens life, land, and property immediately adjacent to that unit. (b) An expenditure or financial assistance made available under authority of Federal law shall, for purposes of this Act, be a new expenditure or new financial assistance if— (1) in any case with respect to which specific appropriations are required, no money for construction or purchase purposes was appropriated before the date of the enactment of this Act; or (2) no legally binding commitment for the expenditure or financial assistance was made before such date of enactment.

  2. Coastal Barrier Improvement Act of 1990

    Pub. L. 101–591 § 2(b)(2)(A) · 104 Stat. 2931

    Substituted · 16 U.S.C. § 3504(a)

    Pub. L. 101–591, § 2(b)(2)(A), in introductory provisions substituted “the System” for “the Coastal Barrier Resources System”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–591, § 2(b)(2)(A), in introductory provisions substituted “the System” for “the Coastal Barrier Resources System”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “Coastal Barrier Resources”;

  3. Coastal Barrier Improvement Act of 1990

    Pub. L. 101–591 § 5(c) · 104 Stat. 2931

    Substituted · 16 U.S.C. § 3504(a)(3)

    Pub. L. 101–591, § 5(c), substituted “through S08 and LA07” for “through S08”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 101–591, § 5(c), substituted “through S08 and LA07” for “through S08”.

    Enacted provision · exact public law section
    (c) Application of Existing Louisiana Exception.— Section 5(a)(3) of the Coastal Barrier Resources Act (16 U.S.C. 3504(a)(3)) is amended by inserting “and LA07” after “SO1 through S08”.

  4. Coastal Barrier Improvement Act of 1990

    Pub. L. 101–591 § 2(b)(2)(B) · 104 Stat. 2931

    Substituted · 16 U.S.C. § 3504(b)(1)

    Pub. L. 101–591, § 2(b)(2)(B), substituted “on which the relevant System unit or portion of the System unit was included within the System under this chapter or the Coastal Barrier Improvement Act of 1990” for “of the enactment of this Act”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 101–591, § 2(b)(2)(B), substituted “on which the relevant System unit or portion of the System unit was included within the System under this chapter or the Coastal Barrier Improvement Act of 1990” for “of the enactment of this Act”.

    Enacted provision · exact public law section
    (B) in subsection (b)(1), by striking “of the enactment of this Act” and inserting in lieu thereof “on which the rel-evant System unit or portion of the System unit was in-cluded within the System under this Act or the Coastal Barrier Improvement Act of 1990”; and

  5. Coastal Barrier Improvement Act of 1990

    Pub. L. 101–591 § 2(b)(2)(C) · 104 Stat. 2931

    Struck · 16 U.S.C. § 3504(b)(2)

    Pub. L. 101–591, § 2(b)(2)(C), struck out “of enactment” after “before such date”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 101–591, § 2(b)(2)(C), struck out “of enactment” after “before such date”.

    Enacted provision · exact public law section
    (C) at the end of subsection (b)(2), by striking “of enact-ment”.

  6. Pub. L. 118–117 title I § 103 · 138 Stat. 1610

    Added · 16 U.S.C. § 3504(c)

    Pub. L. 118–117 added subsec. (c)

    Unresolved: Pub. L. 118–117 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 118–117 added subsec. (c).

5 of 6 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

References in Text

The Coastal Barrier Improvement Act of 1990, referred to in subsec. (b)(1), is Pub. L. 101–591, , 104 Stat. 2931, which enacted section 1441a–3 of Title 12, Banks and Banking, amended sections 3502 to 3506 and 3510 of this title and section 4028 of Title 42, The Public Health and Welfare, enacted provisions set out as notes under section 3503 of this title, and repealed provisions set out as a note under section 3505 of this title. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 3501 of this title and Tables.

Amendments1990–2024 · 2 rounds

2024

Subsec. (c). Pub. L. 118–117 added subsec. (c).

1990

Subsec. (a). Pub. L. 101–591, § 2(b)(2)(A), in introductory provisions substituted “the System” for “the Coastal Barrier Resources System”.

Subsec. (a)(3). Pub. L. 101–591, § 5(c), substituted “through S08 and LA07” for “through S08”.

Subsec. (b)(1). Pub. L. 101–591, § 2(b)(2)(B), substituted “on which the relevant System unit or portion of the System unit was included within the System under this chapter or the Coastal Barrier Improvement Act of 1990” for “of the enactment of this Act”.

Subsec. (b)(2). Pub. L. 101–591, § 2(b)(2)(C), struck out “of enactment” after “before such date”.

Statutory Notes and Related Subsidiaries

Guidance for Expenditure of Federal Funds in Emergency Situations

Pub. L. 118–117, title I, § 105(b), , 138 Stat. 1612, provided that: “Not later than 1 year after the date of the enactment of this Act [], the Secretary of the Interior, in consultation with the Chief of Engineers of the Army Corps of Engineers, shall develop and finalize guidance relating to the expenditure of Federal funds pursuant to the exception described in section 5(a)(3) of the Coastal Barrier Resources Act (16 U.S.C. 3504(a)(3)) for emergency situations that threaten life, land, and property immediately adjacent to a System unit (as defined in subsection (a) of section 3 of that Act (16 U.S.C. 3502)).”

Credits

1982–2024 · 3 acts
  1. 1982Pub. L. 97–348, § 5, , 96 Stat. 1656
  2. 1990Pub. L. 101–591, §§ 2(b)(2), 5(c), , 104 Stat. 2931, 2936
  3. 2024Pub. L. 118–117, title I, § 103, , 138 Stat. 1610.
Show as published

(Pub. L. 97–348, § 5, , 96 Stat. 1656; Pub. L. 101–591, §§ 2(b)(2), 5(c), , 104 Stat. 2931, 2936; Pub. L. 118–117, title I, § 103, , 138 Stat. 1610.)

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USLM identifier /us/usc/t16/s3504