804 



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 protec- 

 tion in the interest of conserving the natural re- 

 sources 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 Con- 

 gress to recognize, preserve, and protect the respon- 

 sibilities of the States in protecting, conserving, and 

 restoring the estuaries in the United States. (Pub. L. 

 90-454, § 1, Aug. 3, 1968, 82 Stat. 625.) 



§ 1222. General study and inventory of estuaries and 

 their natural resources. 



(a) Estuaries included; considerations; other appli- 

 cable 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 di- 

 rectly 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 con- 

 sider, 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 naviga- 

 tion, their value for flood, hurricane, and erosion 

 control, their mineral value, and the value of sub- 

 merged 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 de- 

 velopments and for commercial and industrial de- 

 velopments. This study and inventory shall be car- 

 ried out in conjunction with the comprehensive 

 estuarine pollution study authorized by section 466c 

 (g) of Title 33 and other applicable studies. 



(b) Federal or State land acquisition or administra- 

 tion; other protective methods. 



The study sh'U 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; authoriza- 

 tion for acquisition of lands; consultation with 

 States and Federal agencies; accompanying state- 

 ment 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 recommen- 

 dations, including recommendations on the feasibil- 

 ity and desirability of establishing a nationwide sys- 

 tem of estuarine areas, the terms, conditions, and 



authorities to govern such system, and the designa- 

 tion 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 rec- 

 ommendations, (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 ex- 

 ceed $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. 

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



§ 1223. Agreements with States and subdivisions; 

 equitable sharing of costs; development improve- 

 ments; availability of appropriations; State hunt- 

 ing and fishing laws applicable. 



After the completion of the general study author- 

 ized 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, vdth 

 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) 

 or section 1222 of this title. Such agreement shall, 

 among other things, provide that the State or a 

 political subdivision or agency thereof and the Secre- 

 tary shall share in an equitable manner in the cost 

 of managing, administering, and developing such 

 areas, and such development may include the con- 

 struction, ojjeration, installation, and maintenance 

 of buildings, devices, structures, recreational faclli- 



