§ 3503. — Establishment of John H. Chafee Coastal Barrier Resources System.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3503]
TITLE 16--CONSERVATION
CHAPTER 55--COASTAL BARRIER RESOURCES
Sec. 3503. Establishment of John H. Chafee Coastal Barrier
Resources System
(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--
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(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.
(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.)
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.
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.
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''.
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.
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. 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.
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.''
Section Referred to in Other Sections
This section is referred to in sections 3502, 3504, 3505 of this
title; title 42 section 4028.
