§3504 — Title 16 Conservation | U.S. Code

Summary

Federal money may not pay for new projects inside the System unless section 3505 allows it. That ban covers building or buying structures and related infrastructure; building or buying roads, airports, boat landings, bridges, or other access to System units; and work to stop erosion or stabilize inlets or shorelines. Help for erosion is allowed on units shown on maps S01 through S08 and LA07 for non-development uses, and in any unit when an emergency threatens life, land, or property next to it. A spending or aid is “new” if no construction or purchase money was appropriated before the date the unit joined the System under this chapter or the Coastal Barrier Improvement Act of 1990, or if no legally binding commitment for the spending existed before that date. Not later than 2 years after November 25, 2024, the Secretary, working with the Secretary of Housing and Urban Development, must make rules that require owners or lessors in communities affected by this chapter (as identified by the Director of the U.S. Fish and Wildlife Service) to tell potential buyers or renters the property’s location.

Title 16, §3504

Conservation — Source: USLM XML via OLRC

(a)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)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)Not later than 2 years after November 25, 2024, 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Coastal Barrier Improvement Act of 1990, referred to in subsec. (b)(1), is Pub. L. 101–591, Nov. 16, 1990, 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.

Amendments

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), Nov. 25, 2024, 138 Stat. 1612, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 25, 2024], 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)).”

§3504 Limitations on Federal expenditures affecting the System