Loading (50 kb)...'

National
United States
16 USC CHAPTER 55 - COASTAL BARRIER RESOURCES

-CITE-
16 USC CHAPTER 55 - COASTAL BARRIER RESOURCES 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-
CHAPTER 55 - COASTAL BARRIER RESOURCES

-MISC1-
Sec.
3501. Congressional statement of findings and purpose.
3502. Definitions.
3503. Establishment of John H. Chafee Coastal Barrier
Resources System.
(a) Establishment.
(b) System maps.
(c) Boundary review and modification.
(d) Additions to System.
(e) Addition of excess Federal property.
(f) Maps.
(g) Guidelines for certain recommendations and
determinations.
3504. Limitations on Federal expenditures affecting the
System.
(a) Construction or purchase of structure,
facility, road, airport, etc.; projects to
prevent erosion; exceptions.
(b) New expenditures or new financial assistance.
3505. Exceptions to limitations on expenditures.
(a) In general.
(b) Existing Federal navigation channels.
(c) Expansion of highways in Michigan.
(d) Services and facilities outside System.
3506. Certification of compliance.
(a) Regulations.
(b) Certification.
3507. Priority of laws.
3508. Separability.
3509. Repealed.
3510. Authorization of appropriations.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 42 section 5172.

-End-



-CITE-
16 USC Sec. 3501 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-
Sec. 3501. Congressional statement of findings and purpose

-STATUTE-
(a) The Congress finds that -
(1) coastal barriers along the Atlantic and Gulf coasts and
along the shore areas of the Great Lakes of the United States and
the adjacent wetlands, marshes, estuaries, inlets and nearshore
waters provide -
(A) habitats for migratory birds and other wildlife; and
(B) habitats which are essential spawning, nursery, nesting,
and feeding areas for commercially and recreationally important
species of finfish and shellfish, as well as other aquatic
organisms such as sea turtles;

(2) coastal barriers contain resources of extraordinary scenic,
scientific, recreational, natural, historic, archeological,
cultural, and economic importance; which are being irretrievably
damaged and lost due to development on, among, and adjacent to,
such barriers;
(3) coastal barriers serve as natural storm protective buffers
and are generally unsuitable for development because they are
vulnerable to hurricane and other storm damage and because
natural shoreline recession and the movement of unstable
sediments undermine manmade structures;
(4) certain actions and programs of the Federal Government have
subsidized and permitted development on coastal barriers and the
result has been the loss of barrier resources, threats to human
life, health, and property, and the expenditure of millions of
tax dollars each year; and
(5) a program of coordinated action by Federal, State, and
local governments is critical to the more appropriate use and
conservation of coastal barriers.

(b) The Congress declares that it is the purpose of this chapter
to minimize the loss of human life, wasteful expenditure of Federal
revenues, and the damage to fish, wildlife, and other natural
resources associated with the coastal barriers along the Atlantic
and Gulf coasts and along the shore areas of the Great Lakes by
restricting future Federal expenditures and financial assistance
which have the effect of encouraging development of coastal
barriers, by establishing the John H. Chafee Coastal Barrier
Resources System, and by considering the means and measures by
which the long-term conservation of these fish, wildlife, and other
natural resources may be achieved.

-SOURCE-
(Pub. L. 97-348, Sec. 2, Oct. 18, 1982, 96 Stat. 1653; Pub. L.
100-707, title II, Sec. 204(c)(1), Nov. 23, 1988, 102 Stat. 4714;
Pub. L. 106-167, Sec. 3(c)(1), Dec. 9, 1999, 113 Stat. 1804.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the original
"this Act", meaning Pub. L. 97-348, Oct. 18, 1982, 96 Stat. 1653,
as amended, known as the Coastal Barrier Resources Act, which is
classified generally to this chapter (Sec. 3501 et seq.). For
complete classification of this Act to the Code, see Short Title
note set out below and Tables.


-MISC1-
AMENDMENTS
1999 - Subsec. (b). Pub. L. 106-167 substituted "the John H.
Chafee Coastal Barrier Resources System" for "a Coastal Barrier
Resources System".
1988 - Subsecs. (a)(1), (b). Pub. L. 100-707 inserted "and along
the shore areas of the Great Lakes" after "Atlantic and Gulf
coasts".

SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-514, Sec. 1, Nov. 13, 2000, 114 Stat. 2394, provided
that: "This Act [amending sections 3502, 3503, and 3510 of this
title, repealing section 3509 of this title, enacting provisions
set out as notes under this section and section 3503 of this title,
and amending and repealing provisions set out as notes under
section 3503 of this title] may be cited as the 'Coastal Barrier
Resources Reauthorization Act of 2000'."

SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106-167, Sec. 1, Dec. 9, 1999, 113 Stat. 1803, provided
that: "This Act [amending this section and sections 3502, 3503, and
3509 of this title, section 1441a-3 of Title 12, Banks and Banking,
and section 4028 of Title 42, The Public Health and Welfare, and
enacting and amending provisions set out as notes under section
3503 of this title] may be cited as the 'John H. Chafee Coastal
Barrier Resources System Act'."

SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-591, Sec. 1, Nov. 16, 1990, 104 Stat. 2931, provided
that: "This Act [enacting section 1441a-3 of Title 12, Banks and
Banking, amending sections 3502 to 3506 and 3510 of this title and
section 4028 of Title 42, The Public Health and Welfare, enacting
provisions set out as notes under section 3503 of this title, and
repealing provisions set out as a note under section 3505 of this
title] may be cited as the 'Coastal Barrier Improvement Act of
1990'."

SHORT TITLE OF 1988 AMENDMENT
Section 204(a) of Pub. L. 100-707 provided that: "This section
[amending this section and sections 3502 and 3503 of this title and
enacting provisions set out as a note under section 3505 of this
title] may be cited as the 'Great Lakes Coastal Barrier Act of
1988'."

SHORT TITLE
Section 1 of Pub. L. 97-348 provided that: "This Act [enacting
this chapter, amending section 4028 of Title 42, The Public Health
and Welfare, and repealing provisions set out as a note under
section 4028 of Title 42] may be cited as the 'Coastal Barrier
Resources Act'."

ECONOMIC ASSESSMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES
SYSTEM
Pub. L. 106-514, Sec. 7, Nov. 13, 2000, 114 Stat. 2397, provided
that:
"(a) In General. - Not later than 1 year after the date of
enactment of this Act [Nov. 13, 2000], the Secretary of the
Interior shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Resources of the House of
Representatives an economic assessment of the John H. Chafee
Coastal Barrier Resources System.
"(b) Required Elements. - The assessment shall consider the
impact on Federal expenditures of the Coastal Barrier Resources Act
(16 U.S.C. 3501 et seq.), including impacts resulting from the
avoidance of Federal expenditures for -
"(1) disaster relief under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
"(2) the national flood insurance program established under
chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C.
4011 et seq.); and
"(3) development assistance for roads, potable water supplies,
and wastewater infrastructure."

-End-



-CITE-
16 USC Sec. 3502 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-
Sec. 3502. Definitions

-STATUTE-
For purposes of this chapter -
(1) The term "undeveloped coastal barrier" means -
(A) a depositional geologic feature (such as a bay barrier,
tombolo, barrier spit, or barrier island) that -
(i) is subject to wave, tidal, and wind energies, and
(ii) protects landward aquatic habitats from direct wave
attack; and

(B) all associated aquatic habitats, including the adjacent
wetlands, marshes, estuaries, inlets, and nearshore waters;

but only if such feature and associated habitats contain few
manmade structures and these structures, and man's activities on
such feature and within such habitats, do not significantly
impede geomorphic and ecological processes.
(2) The term "Committees" means the Committee on Resources of
the House of Representatives and the Committee on Environment and
Public Works of the Senate.
(3) The term "financial assistance" means any form of loan,
grant, guaranty, insurance, payment, rebate, subsidy, or any
other form of direct or indirect Federal assistance other than -
(A) deposit or account insurance for customers of banks,
savings and loan associations, credit unions, or similar
institutions;
(B) the purchase of mortgages or loans by the Government
National Mortgage Association, the Federal National Mortgage
Association, or the Federal Home Loan Mortgage Corporation;
(C) assistance for environmental studies, planning, and
assessments that are required incident to the issuance of
permits or other authorizations under Federal law; and
(D) assistance pursuant to programs entirely unrelated to
development, such as any Federal or federally assisted public
assistance program or any Federal old-age survivors or
disability insurance program.

Such term includes flood insurance described in section 4028 of
title 42.
(4) The term "Great Lakes" means Lake Ontario, Lake Erie, Lake
Huron, Lake St. Clair, Lake Michigan, and Lake Superior, to the
extent that those lakes are subject to the jurisdiction of the
United States.
(5) The term "Secretary" means the Secretary of the Interior.
(6) The term "System" means John H. Chafee Coastal Barrier
Resources System established by section 3503(a) of this title.
(7) The term "System unit" means any undeveloped coastal
barrier, or combination of closely-related undeveloped coastal
barriers, included within the John H. Chafee Coastal Barrier
Resources System established by section 3503 of this title.

-SOURCE-
(Pub. L. 97-348, Sec. 3, Oct. 18, 1982, 96 Stat. 1653; Pub. L.
99-272, title XIV, Sec. 14001(b)(5), Apr. 7, 1986, 100 Stat. 329;
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.
100-707, title II, Sec. 204(c)(2), Nov. 23, 1988, 102 Stat. 4714;
Pub. L. 101-591, Sec. 2(a), (b)(1), (c), Nov. 16, 1990, 104 Stat.
2931; Pub. L. 106-167, Sec. 3(c)(2), Dec. 9, 1999, 113 Stat. 1804;
Pub. L. 106-514, Sec. 4(a)(1), (2), Nov. 13, 2000, 114 Stat. 2396.)


-MISC1-
AMENDMENTS
2000 - Par. (2). Pub. L. 106-514, Sec. 4(a)(1), substituted
"means the Committee on Resources" for "refers to the Committee on
Merchant Marine and Fisheries".
Par. (3). Pub. L. 106-514, Sec. 4(a)(2), substituted "Such" for
"Effective October 1, 1983, such" in concluding provisions.
1999 - Pars. (6), (7). Pub. L. 106-167 substituted "John H.
Chafee Coastal Barrier Resources System" for "Coastal Barrier
Resources System".
1990 - Par. (1). Pub. L. 101-591, Sec. 2(c), in concluding
provisions, struck out cl. (i) designation, inserted a period after
"processes", and struck out at end ", and (ii) are not included
within the boundaries of an area established under Federal, State,
or local law, or held by a qualified organization as defined in
section 170(h)(3) of title 26, primarily for wildlife refuge,
sanctuary, recreational, or natural resource conservation
purposes."
Par. (1)(A). Pub. L. 101-591, Sec. 2(a), redesignated cls. (ii)
and (iii) as (i) and (ii), respectively, and struck out former cl.
(i) which read as follows: "consists of unconsolidated sedimentary
materials,".
Par. (6). Pub. L. 101-591, Sec. 2(b)(1), amended par. (6)
generally. Prior to amendment, par. (6) read as follows: "The term
'system maps' means -
"(A) the maps that are entitled 'Coastal Barrier Resources
System', numbered A01 through T12 (but excluding maps T02 and
T03) and dated September 30, 1982, and the maps numbered T02A and
T03A and dated December 8, 1982; and
"(B) the maps prepared under section 3503(b) of this title and
any modification to those maps under that section."
1988 - Pars. (4) to (7). Pub. L. 100-707 added pars. (4) and (6)
and redesignated former pars. (4) and (5) as (5) and (7),
respectively.
1986 - Par. (1). Pub. L. 99-514 substituted "Internal Revenue
Code of 1986" for "Internal Revenue Code of 1954", which for
purposes of codification was translated as "title 26" thus
requiring no change in text.
Par. (3). Pub. L. 99-272 struck out subpar. (A) relating to
general revenue-sharing grants made under section 6702 of title 31,
and redesignated subpars. (B) to (E) as (A) to (D), respectively.

EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-272, effective Oct. 18, 1986, see section
14001(e) of Pub. L. 99-272.

-End-



-CITE-
16 USC Sec. 3503 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-
Sec. 3503. Establishment of John H. Chafee Coastal Barrier
Resources System

-STATUTE-
(a) Establishment
There is established the John H. Chafee Coastal Barrier Resources
System, which shall consist of those undeveloped coastal barriers
and other areas located on the coasts of the United States that are
identified and generally depicted on the maps on file with the
Secretary entitled "Coastal Barrier Resources System", dated
October 24, 1990, as those maps may be modified, revised, or
corrected under -
(1) subsection (f)(3) of this section;
(2) section 4 of the Coastal Barrier Improvement Act of 1990
(16 U.S.C. 3503 note; Public Law 101-591); or
(3) any other provision of law enacted on or after November 16,
1990, that specifically authorizes the modification, revision, or
correction.
(b) System maps
The Secretary shall keep the maps referred to in subsection (a)
of this section on file and available for public inspection in the
Office of the Director of the United States Fish and Wildlife
Service, and in such other offices of that service as the Director
considers appropriate.
(c) Boundary review and modification
At least once every 5 years, the Secretary shall review the maps
referred to in subsection (a) of this section and shall make, in
consultation with the appropriate State, local, and Federal
officials, such minor and technical modifications to the boundaries
of System units as are necessary solely to reflect changes that
have occurred in the size or location of any System unit as a
result of natural forces.
(d) Additions to System
The Secretary may add a parcel of real property to the System, if
-
(1) the owner of the parcel requests, in writing, that the
Secretary add the parcel to the System; and
(2) the parcel is an undeveloped coastal barrier.
(e) Addition of excess Federal property
(1) Consultation and determination
Prior to transfer or disposal of excess property under the
Federal Property and Administrative Services Act of 1949 (!1)
that may be an undeveloped coastal barrier, the Administrator of
General Services shall consult with and obtain from the Secretary
a determination as to whether and what portion of the property
constitutes an undeveloped coastal barrier. Not later than 180
days after the initiation of such consultation, the Secretary
shall make and publish notice of such determination. Immediately
upon issuance of a positive determination, the Secretary shall -

(A) prepare a map depicting the undeveloped coastal barrier
portion of such property; and
(B) publish in the Federal Register notice of the addition of
such property to the System.
(2) Effective date of inclusion
An area to be added to the System under this subsection shall
be part of the System effective on the date on which the
Secretary publishes notice in the Federal Register under
paragraph (1)(B) with respect to that area.
(f) Maps
The Secretary shall -
(1) keep a map showing the location of each boundary
modification made under subsection (c) of this section and of
each parcel of real property added to the System under subsection
(d) or (e) of this section on file and available for public
inspection in the Office of the Director of the United States
Fish and Wildlife Service and in such other offices of the
Service as the Director considers appropriate;
(2) provide a copy of the map to -
(A) the State and unit of local government in which the
property is located;
(B) the Committees; and
(C) the Federal Emergency Management Agency; and

(3) revise the maps referred to in subsection (a) of this
section to reflect each boundary modification under subsection
(c) of this section and each addition of real property to the
System under subsection (d) or (e) of this section, after
publishing in the Federal Register a notice of any such proposed
revision.
(g) Guidelines for certain recommendations and determinations
(1) In general
In making any recommendation to the Congress regarding the
addition of any area to the System or in determining whether, at
the time of the inclusion of a System unit within the System, a
coastal barrier is undeveloped, the Secretary shall consider
whether within the area -
(A) the density of development is less than 1 structure per 5
acres of land above mean high tide; and
(B) there is existing infrastructure consisting of -
(i) a road, with a reinforced road bed, to each lot or
building site in the area;
(ii) a wastewater disposal system sufficient to serve each
lot or building site in the area;
(iii) electric service for each lot or building site in the
area; and
(iv) a fresh water supply for each lot or building site in
the area.
(2) Structure defined
In paragraph (1), the term "structure" means a walled and
roofed building, other than a gas or liquid storage tank, that -
(A) is principally above ground and affixed to a permanent
site, including a manufactured home on a permanent foundation;
and
(B) covers an area of at least 200 square feet.
(3) Savings clause
Nothing in this subsection supersedes the official maps
referred to in subsection (a) of this section.

-SOURCE-
(Pub. L. 97-348, Sec. 4, Oct. 18, 1982, 96 Stat. 1654; Pub. L.
97-396, Sec. 8, Dec. 31, 1982, 96 Stat. 2007; Pub. L. 100-707,
title II, Sec. 204(b), Nov. 23, 1988, 102 Stat. 4713; Pub. L.
101-591, Sec. 3, Nov. 16, 1990, 104 Stat. 2931; Pub. L. 106-167,
Sec. 3(c)(3), Dec. 9, 1999, 113 Stat. 1804; Pub. L. 106-514, Secs.
2-3(b)(1), (c), (d), Nov. 13, 2000, 114 Stat. 2394, 2395.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (e)(1), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter
4 of Title 41, Public Contracts, the Act was repealed and reenacted
by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works.

-COD-
CODIFICATION
The text of section 4(d) of Pub. L. 101-591, which was
transferred and redesignated so as to appear as subsec. (e) of this
section and amended by Pub. L. 106-514, was based on Pub. L.
101-591, Sec. 4(d), Nov. 16, 1990, 104 Stat. 2933, formerly
included in a note set out under this section.


-MISC1-
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-514, Sec. 3(d), substituted
"which shall consist of those undeveloped coastal barriers and
other areas located on the coasts of the United States that are
identified and generally depicted on the maps on file with the
Secretary entitled 'Coastal Barrier Resources System', dated
October 24, 1990, as those maps may be modified, revised, or
corrected under - " and pars. (1) to (3) for "which shall consist
of those undeveloped coastal barriers and other areas located on
the coasts of the United States that are identified and generally
depicted on the maps on file with the Secretary entitled 'Coastal
Barrier Resources System', dated October 24, 1990, as such maps may
be revised by the Secretary under section 4 of the Coastal Barrier
Improvement Act of 1990."
Subsec. (d). Pub. L. 106-514, Sec. 3(a), added subsec. (d).
Subsec. (e). Pub. L. 106-514, Sec. 3(b)(1), transferred and
redesignated the text of section 4(d) of Pub. L. 101-591 so as to
appear as subsec. (e) of this section, in par. (1), substituted
"180" for "one hundred and eighty" in introductory provisions and
struck out "shall" before "publish" in subpar. (B), in par. (2),
substituted "paragraph (1)(B)" for "subsection (d)(1)(B)", and
struck out par. (3), which required revision of maps as soon as
practicable after a unit was added to the System. See Codification
note above.
Subsec. (f). Pub. L. 106-514, Sec. 3(c), added subsec. (f).
Subsec. (g). Pub. L. 106-514, Sec. 2, added subsec. (g).
1999 - Pub. L. 106-167, Sec. 3(c)(3)(A), substituted "John H.
Chafee Coastal Barrier Resources System" for "Coastal Barrier
Resources System" in section catchline.
Subsec. (a). Pub. L. 106-167, Sec. 3(c)(3)(B), substituted "the
John H. Chafee Coastal Barrier Resources System" for "the Coastal
Barrier Resources System".
1990 - Pub. L. 101-591 amended section generally, substituting
provisions relating to establishment of Coastal Barrier Resources
System consisting of undeveloped coastal barriers and other areas
on United States coasts identified on maps entitled "Coastal
Barrier Resources System" dated Oct. 24, 1990, as maintained and
revised by the Secretary, for provisions which related to Coastal
Barrier Resources System consisting of undeveloped coastal barriers
on the Atlantic and Gulf Coasts of the United States and included
within the System on Apr. 19, 1983, and undeveloped coastal
barriers along Great Lakes shore areas to be recommended by the
Secretary and so designated by Congress, with maps to be revised by
the Secretary and maintained by Office of Director of United States
Fish and Wildlife Service.
1988 - Pub. L. 100-707 amended section generally to provide that
the Coastal Barrier Resources System include those undeveloped
coastal barriers located on the Atlantic and Gulf Coasts of the
United States and included within the System on Apr. 19, 1983, and
the Great Lakes barriers, to make all System maps available to
public inspection, and to revise and update provisions for making
boundary modifications.
1982 - Subsec. (a)(1). Pub. L. 97-396 inserted "(but excluding
maps T02 and T03)" after "A01 through T12", and "and the maps
designated T02A and T03A, dated December 8, 1982" after "and dated
September 30, 1982".


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.


-MISC2-
DIGITAL MAPPING PILOT PROJECT
Pub. L. 106-514, Sec. 6, Nov. 13, 2000, 114 Stat. 2396, provided
that:
"(a) In General. -
"(1) Project. - The Secretary of the Interior (referred to in
this section as the 'Secretary'), in consultation with the
Director of the Federal Emergency Management Agency, shall carry
out a pilot project to determine the feasibility and cost of
creating digital versions of the John H. Chafee Coastal Barrier
Resources System maps referred to in section 4(a) of the Coastal
Barrier Resources Act (16 U.S.C. 3503(a)) (as amended by section
3(d)).
"(2) Number of units. - The pilot project shall consist of the
creation of digital maps for no more than 75 units and no fewer
than 50 units of the John H. Chafee Coastal Barrier Resources
System (referred to in this section as the 'System'), 1/3 of
which shall be otherwise protected areas (as defined in section
12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503
note; Public Law 101-591)).
"(b) Data. -
"(1) Use of existing data. - To the maximum extent practicable,
in carrying out the pilot project under this section, the
Secretary shall use digital spatial data in the possession of
State, local, and Federal agencies including digital orthophotos,
and shoreline, elevation, and bathymetric data.
"(2) Provision of data by other agencies. - The head of a
Federal agency that possesses data referred to in paragraph (1)
shall, upon request of the Secretary, promptly provide the data
to the Secretary at no cost.
"(3) Additional data. - If the Secretary determines that data
necessary to carry out the pilot project under this section do
not exist, the Secretary shall enter into an agreement with the
Director of the United States Geological Survey under which the
Director shall obtain, in cooperation with other Federal
agencies, as appropriate, and provide to the Secretary the data
required to carry out this section.
"(4) Data standards. - All data used or created to carry out
this section shall comply with -
"(A) the National Spatial Data Infrastructure established by
Executive Order 12906 (59 Fed. Reg. 17671 (April 13, 1994)) [43
U.S.C. 1457 note]; and
"(B) any other standards established by the Federal
Geographic Data Committee established by Office of Management
and Budget Circular A-16.
"(c) Digital Maps Not Controlling. - Any determination as to
whether a location is inside or outside the System shall be made
without regard to the digital maps created under this section.
"(d) Report. -
"(1) In general. - Not later than 3 years after the date of
enactment of this Act [Nov. 13, 2000], the Secretary shall submit
to the Committee on Environment and Public Works of the Senate
and the Committee on Resources of the House of Representatives a
report that describes the results of the pilot project and the
feasibility, data needs, and costs of completing digital maps for
the entire System.
"(2) Contents. - The report shall include a description of -
"(A) the cooperative agreements that would be necessary to
complete digital mapping of the entire System;
"(B) the extent to which the data necessary to complete
digital mapping of the entire System are available;
"(C) the need for additional data to complete digital mapping
of the entire System;
"(D) the extent to which the boundary lines on the digital
maps differ from the boundary lines on the original maps; and
"(E) the amount of funding necessary to complete digital
mapping of the entire System.
"(e) Authorization of Appropriations. - There is authorized to be
appropriated to the Secretary to carry out this section $500,000
for each of fiscal years 2002 through 2004."

FINDINGS
Pub. L. 106-167, Sec. 2, Dec. 9, 1999, 113 Stat. 1803, provided
that: "Congress finds that -
"(1) during the past 2 decades, Senator John H. Chafee was a
leading voice for the protection of the environment and the
conservation of the natural resources of the United States;
"(2) Senator Chafee served on the Environment and Public Works
Committee of the Senate for 22 years, influencing every major
piece of environmental legislation enacted during that time;
"(3) Senator Chafee led the fight for clean air, clean water,
safe drinking water, and cleanup of toxic wastes, and for
strengthening of the National Wildlife Refuge System and
protections for endangered species and their habitats;
"(4) millions of people of the United States breathe cleaner
air, drink cleaner water, and enjoy more plentiful outdoor
recreation opportunities because of the work of Senator Chafee;
"(5) in 1982, Senator Chafee authored and succeeded in enacting
into law the Coastal Barrier Resources Act (16 U.S.C. 3501 et
seq.) to minimize loss of human life, wasteful expenditure of
Federal revenues, and damage to fish, wildlife, and other natural
resources associated with the coastal barriers along the Atlantic
and Gulf Coasts; and
"(6) to reflect the invaluable national contributions made by
Senator Chafee during his service in the Senate, the Coastal
Barrier Resources System should be named in his honor."

REDESIGNATION OF COASTAL BARRIER RESOURCES SYSTEM
Pub. L. 106-167, Sec. 3(a), (b), Dec. 9, 1999, 113 Stat. 1804,
provided that:
"(a) In General. - The Coastal Barrier Resources System
established by section 4(a) of the Coastal Barrier Resources Act
(16 U.S.C. 3503(a)) is redesignated as the 'John H. Chafee Coastal
Barrier Resources System'.
"(b) References. - Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Coastal Barrier Resources System shall be deemed to be a reference
to the John H. Chafee Coastal Barrier Resources System."

REVISION OF MAPS FOR UNITS OF SYSTEM
The following acts directed the Secretary of the Interior to make
technical revisions and corrections to maps relating to particular
units of the John H. Chafee Coastal Barrier Resources System:
Pub. L. 108-138, Sec. 1, Dec. 1, 2003, 117 Stat. 1869.
Pub. L. 108-7, div. F, title I, Sec. 155, Feb. 20, 2003, 117
Stat. 246.
Pub. L. 106-360, Sec. 1, Oct. 27, 2000, 114 Stat. 1399.
Pub. L. 106-332, Oct. 19, 2000, 114 Stat. 1306.
Pub. L. 106-128, Sec. 1, Dec. 6, 1999, 113 Stat. 1652.
Pub. L. 106-116, Sec. 1, Nov. 29, 1999, 113 Stat. 1544.
Pub. L. 105-277, div. A, Sec. 101(e) [title I, title I, Sec. 134,
title III, Sec. 335], Oct. 21, 1998, 112 Stat. 2681-231, 2681-238,
2681-264, 2681-295.
Pub. L. 104-333, div. I, title II, Sec. 220, Nov. 12, 1996, 110
Stat. 4115.
Pub. L. 104-265, title II, Sec. 201, Oct. 9, 1996, 110 Stat.
3289.
Pub. L. 104-148, Sec. 2, May 24, 1996, 110 Stat. 1378.
Pub. L. 103-461, Sec. 1(a), (b), Nov. 2, 1994, 108 Stat. 4804.
Pub. L. 102-440, title III, Sec. 303, Oct. 23, 1992, 106 Stat.
2234.

CORRECTION OF ERRORS IN MAPS; MODIFICATION OF BOUNDARIES; ADDITIONS
TO SYSTEM
Pub. L. 101-591, Sec. 4, Nov. 16, 1990, 104 Stat. 2932, as
amended by Pub. L. 106-514, Sec. 3(b)(1)(A), (2), Nov. 13, 2000,
114 Stat. 2395, provided that:
"(a) Technical Revision of Maps and Provision to State and Local
Government. - Not later than 180 days after the date of the
enactment of this Act [Nov. 16, 1990], the Secretary shall -
"(1) make such technical revisions to the maps referred to in
section 4(a) of the Coastal Barrier Resources Act [16 U.S.C.
3503(a)] (as amended by section 3 of this Act) as may be
necessary to correct existing clerical and typographical errors
in the maps; and
"(2) provide copies of the maps, as so revised, to -
"(A) each State and each local government in which is located
a unit of the System;
"(B) the coastal zone management agency of each State -
"(i) in which is located a unit of the System; and
"(ii) which has a coastal zone management program approved
pursuant to section 306 of the Coastal Zone Management Act of
1972 (16 U.S.C. 1455); and
"(C) appropriate Federal agencies.
"(b) Recommendations of State and Local Governments for Boundary
Modifications. - (1) Not later than 1 year after the date of the
enactment of this Act [Nov. 16, 1990] -
"(A) a local government in which is located a unit of the
System and which is in a State which has a coastal zone
management program approved pursuant to section 306 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1455); and
"(B) the coastal zone management agency of a State in which is
located a unit of the System and which has such a program
approved;
may each submit to the Secretary recommendations for minor and
technical modifications to the boundaries of existing units of the
System located in that local government or State, respectively.
"(2) If, in the case of any minor and technical modification to
the boundaries of System units made under the authority of section
4(e) of the Coastal Barrier Resources Act (16 U.S.C. 3503(e)), an
appropriate chief executive officer of a State, county or
equivalent jurisdiction, or State coastal zone management agency to
which notice was given in accordance with this subsection files
comments disagreeing with all or part of the modification and the
Secretary makes a modification which is in conflict with such
comments, or if the Secretary fails to adopt a modification
pursuant to a proposal submitted by an appropriate State coastal
zone management agency under paragraph (1) of this subsection, the
Secretary shall submit to the chief executive officer a written
justification for the failure to make modifications consistent with
such comments or proposals.
"(c) Elections to Add to System. -
"(1) Provision of maps by secretary. - Not later than 180 days
after the date of the enactment of this Act [Nov. 16, 1990], the
Secretary shall provide -
"(A) to each local government in which is located an
undeveloped coastal barrier not included within the System; and
"(B) to the Governor of each State in which such an area is
located;
maps depicting those undeveloped coastal barriers not included
within the System located in that local government or State,
respectively.
"(2) Elections. - Not later than 18 months after the date of
the enactment of this Act, a local government and the Governor of
any State referred to in paragraph (1), and any qualified
organization -
"(A) may each elect to add to the System, as a new unit or as
an addition to an existing unit, any area of qualified coastal
barrier (or any portion thereof) which is owned or held by the
local government, State, or qualified organization,
respectively;
"(B) shall notify the Secretary of that election; and
"(C) shall submit to the Secretary a map depicting the area,
if -
"(i) the area (or portion) is not depicted on a map
provided by the Secretary under paragraph (1); or
"(ii) the local government, State, or qualified
organization was not provided maps under paragraph (1).
"(3) Effective date of election. - An area elected by a local
government, Governor of a State, or qualified organization to be
added to the System under this subsection shall be part of the
System effective on the date on which the Secretary publishes
notice in the Federal Register under subsection (e)(1)(C) with
respect to that election.
"[(d) Redesignated section 3503(e) of this title.]
"(e) Modification of Boundaries, Revision of Maps, and
Publication of Notice. -
"(1) In general. - Not later than 2 years after the date of the
enactment of this Act [Nov. 16, 1990], the Secretary -
"(A) based on recommendations submitted by local governments
and State coastal zone management agencies under subsection
(b), may make such minor and technical modifications to the
boundaries of existing units of the System as are consistent
with the purposes of the Coastal Barrier Resources Act (16
U.S.C. 3501 et seq.) and are necessary to clarify the
boundaries of those units;
"(B) shall revise the maps referred to in section 4(a) of the
Act [16 U.S.C. 3503(a)] (as amended by section 3 of this Act) -

"(i) to reflect those modifications; and
"(ii) to reflect each election of a local government,
Governor of a State, or qualified organization to add an area
to the System pursuant to subsection (c); and
"(C) shall publish in the Federal Register notice of each
such modification or election.
"(2) Effective date of modifications. - A modification of the
boundaries of a unit of the System under paragraph (1)(A) shall
take effect on the date on which the Secretary published notice
in the Federal Register under paragraph (1)(C) with respect to
that modification."

PACIFIC COASTAL BARRIER PROTECTION STUDY AND MAPS
Section 6 of Pub. L. 101-591 directed Secretary of the Interior,
not later than 6 months after Nov. 16, 1990, to prepare and submit
to Congress a study examining the need for protecting undeveloped
coastal barriers along the Pacific coast of the United States south
of 49 degrees north latitude through inclusion in the System; as
soon as practicable after Nov. 16, 1990, to prepare maps
identifying the boundaries of those undeveloped coastal barriers
(as that term is defined in 16 U.S.C. 3502(1)) of the United States
bordering the Pacific Ocean south of 49 degrees north latitude;
and, not later than 12 months after Nov. 16, 1990, to submit to
Congress maps identifying the boundaries of those undeveloped
coastal barriers of the United States bordering the Pacific Ocean
south of 49 degrees north latitude which the Secretary and the
appropriate Governor consider to be appropriate for inclusion in
the System.

REPORT REGARDING COASTAL BARRIER MANAGEMENT
Pub. L. 101-591, Sec. 8, Nov. 16, 1990, 104 Stat. 2937, which
established the Coastal Barriers Task Force, provided for its
membership, required the Task Force to submit a report to Congress
regarding the Coastal Barrier Resources System not later than the
expiration of the 2-year period beginning on Nov. 16, 1990, and
required the Task Force to terminate 90 days after submission of
the report, was repealed by Pub. L. 106-514, Sec. 4(b), Nov. 13,
2000, 114 Stat. 2396.

-CROSS-
DEFINITIONS
Section 12 of Pub. L. 101-591, as amended by Pub. L. 106-167,
Sec. 3(c)(6), Dec. 9, 1999, 113 Stat. 1804, provided that: "For
purposes of this Act [see Short Title of 1990 Amendment note set
out under section 3501 of this title] -
"(1) the term 'undeveloped coastal barrier' means -
"(A) a depositional geologic feature (such as a bay barrier,
tombolo, barrier spit, or barrier island) that -
"(i) is subject to wave, tidal, and wind energies, and
"(ii) protects landward aquatic habitats from direct wave
attack; and
"(B) all associated aquatic habitats including the adjacent
wetlands, marshes, estuaries, inlets, and nearshore waters;
but only if such features and associated habitats contain few
manmade structures and these structures, and man's activities on
such features and within such habitats, do not significantly impede
geomorphic and ecological processes.
"(2) the term 'otherwise protected area' means an undeveloped
coastal barrier within the boundaries of an area established
under Federal, State, or local law, or held by a qualified
organization, primarily for wildlife refuge, sanctuary,
recreational, or natural resource conservation purposes;
"(3) the term 'qualified organization' means such an
organization under section 170(h)(3) of the Internal Revenue Code
of 1986 (26 U.S.C. 170(h)(3));
"(4) the term 'Secretary' means the Secretary of the Interior;
and
"(5) the term 'System' means the John H. Chafee Coastal Barrier
Resources System established by the Coastal Barrier Resources Act
(16 U.S.C. 3501 et seq.), as amended by this Act."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3502, 3504, 3505 of this
title; title 42 section 4028.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
16 USC Sec. 3504 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-
Sec. 3504. Limitations on Federal expenditures affecting the System

-STATUTE-
(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.

-SOURCE-
(Pub. L. 97-348, Sec. 5, Oct. 18, 1982, 96 Stat. 1656; Pub. L.
101-591, Secs. 2(b)(2), 5(c), Nov. 16, 1990, 104 Stat. 2931, 2936.)

-REFTEXT-
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.


-MISC1-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-591, Sec. 2(b)(2)(A), in
introductory provisions substituted "the System" for "the Coastal
Barrier Resources System".
Subsec. (a)(3). Pub. L. 101-591, Sec. 5(c), substituted "through
S08 and LA07" for "through S08".
Subsec. (b)(1). Pub. L. 101-591, Sec. 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, Sec. 2(b)(2)(C), struck out "of
enactment" after "before such date".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3505 of this title.

-End-



-CITE-
16 USC Sec. 3505 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-
Sec. 3505. Exceptions to limitations on expenditures

-STATUTE-
(a) In general
Notwithstanding section 3504 of this title, the appropriate
Federal officer, after consultation with the Secretary, may make
Federal expenditures and may make financial assistance available
within the System for the following:
(1) Any use or facility necessary for the exploration,
extraction, or transportation of energy resources which can be
carried out only on, in, or adjacent to a coastal water area
because the use or facility requires access to the coastal waterbody. (continued)