Sec. 104. EXCEPTIONS TO LIMITATIONS ON EXPENDITURES
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## SEC. 104 EXCEPTIONS TO LIMITATIONS ON EXPENDITURES Section 6 of the Coastal Barrier Resources Act (16 U.S.C. 3505) is amended— ####
(1)in subsection (a)— #####
(A)in paragraph (6)— ######
(i)in subparagraph (E), to read as follows: > > ##### “(E) > > Emergency actions necessary to the saving of lives and the protection of property and the public health and safety, if such actions are performed pursuant to sections 402, 403, 407, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5173, 5192) and are limited to actions that are necessary to alleviate the applicable emergency.” > ; and ######
(ii)by adding at the end the following: > > ##### “(H) > > Aquaculture operations that— > > > ###### “(i) > > produce shellfish (including oysters, clams, and mussels), cultivate micro- or macro-algae, or do not require the use of aquaculture feeds; and > > > ###### “(ii) > > adhere to best management practices and conservation measures recommended by the Secretary through the consultation process referred to in this subsection.” > ; and #####
(B)by adding at the end the following: > > #### “(7) > > Use of a sand source within a System unit by Federal coastal storm risk management projects or their predecessor projects that have used a System unit for sand to nourish adjacent beaches outside the System pursuant to section 5 of the Act of August 18, 1941 (commonly known as the ‘Flood Control Act of 1941’) (55 Stat. 650, chapter 377; 33 U.S.C. 701n) at least once between December 31, 2008 and December 31, 2023 in response to an emergency situation prior to December 31, 2023.” > ; and ####
(2)by adding at the end the following: > > ### “(e) Applicability to Otherwise Protected Areas > > > #### “(1) In general > > The prohibitions on new Federal expenditures and financial assistance described in section 5(a) do not apply within Otherwise Protected Areas except with respect to limitations on new flood insurance coverage described in section 1321 of the National Flood Insurance Act of 1968 (42 U.S.C. 4028). > > > #### “(2) Exception > > Notwithstanding paragraph (1), new Federal flood insurance may be provided for a structure in an Otherwise Protected Area that is used in a manner consistent with the purpose for which such Otherwise Protected Area is protected. > > > ### “(f) Applicability to Additions and Insurable Structures > > > #### “(1) Additions > > With respect to an addition to the System made under section 4 on or after the date of the enactment of the Bolstering Ecosystems Against Coastal Harm Act, subject to paragraph (2), the prohibitions on new Federal expenditures and financial assistance described in section 5(a) shall take effect on the date that is 1 year after the date on which such addition is made. > > > #### “(2) Insurable structures > > > ##### “(A) In general > > The prohibitions on new Federal expenditures and financial assistance described in section 5(a) do not apply to an insurable structure. > > > ##### “(B) Insurable structure defined > > In this subsection, the term ‘insurable structure’ means an insurable structure that is— > > > ###### “(i) > > located within an addition described in paragraph (1); and > > > ###### “(ii) > > in existence before the expiration of the applicable 1-year period described in paragraph (1).” > .
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- 55 Stat. 650
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Sec. 104
EXCEPTIONS TO LIMITATIONS ON EXPENDITURES
Stat.55 Stat. 650
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