16 U.S.C. § 3503 — Establishment of John H. Chafee Coastal

Page 2304 TITLE 16—CONSERVATION § 3503 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–272, effective Oct. 18, 1986, see section 14001(e) of Pub. L. 99–272. § 3503. Establishment of John H. Chafee Coastal Barrier Resources System (a) Establishment There is established the John H. Chafee Coast- al Barrier Resources System, which shall con- sist of those undeveloped coastal barriers and other areas located on the coasts of the United States that are identified and generally depicted as System units or Otherwise Protected Areas— (1) on the maps on file with the Secretary entitled ‘‘Coastal Barrier Resources System’’, dated October 24, 1990; (2) on a map described in section 201(b) of the Bolstering Ecosystems Against Coastal Harm Act; or (3) on a map described in paragraph (1) or (2) as such map may be replaced, modified, re- vised, or corrected under— (A) subsection (f)(3); (B) section 4 of the Coastal Barrier Im- provement Act of 1990 (16 U.S.C. 3503 note); or (C) any other provision of law enacted on or after November 16, 1990, that specifically replaces or authorizes the modification, re- vision, or correction of such a map. (b) System maps (1) In general The Secretary shall keep the maps referred to in subsection (a) 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. (2) Digital maps (A) Availability The Secretary shall make available to the public on the Internet web site of the United States Fish and Wildlife Service digital versions of the maps included in the set of maps referred to in subsection (a). (B) Effect Any determination as to whether a loca- tion is inside or outside the System shall be made without regard to the digital maps available under this paragraph, except that this subparagraph does not apply with re- spect to any printed version of such a digital map if the printed version is included in the maps referred to in subsection (a). (C) Report No later than 180 days after December 21, 2018, the Secretary shall submit to the Com- mittee on Natural Resources of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate a report regarding the progress and challenges in the transition from paper to digital maps and a timetable for completion of the digitization of all maps related to the Sys- tem. (c) Boundary review and modification At least once every 5 years, the Secretary shall review the maps referred to in subsection (a) and shall make, in consultation with the ap- propriate 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 re- sult of natural forces. (d) Additions to System The Secretary may add a parcel of real prop- erty to the System, if— (1) the owner of the parcel requests, in writ- ing, that the Secretary add the parcel to the System; and (2) the parcel is an undeveloped coastal bar- rier. (e) Addition of excess Federal property (1) Consultation and determination Prior to transfer or disposal of excess prop- erty under chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 that may be a coastal barrier, the Adminis- trator of General Services shall consult with and obtain from the Secretary a determina- tion as to whether and what portion of the property constitutes a coastal barrier. Not later than 180 days after the initiation of such consultation, the Secretary shall make and publish notice of such determination. Imme- diately upon issuance of a positive determina- tion, the Secretary shall— (A) prepare a map depicting the coastal barrier portion of such property; and (B) publish in the Federal Register notice of the addition of such property to the Sys- tem. (2) Effective date of inclusion An area to be added to the System under this subsection shall be part of the System ef- fective 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) and of each parcel of real property added to the System under subsection (d) or (e) on file and available for public inspection in the Of- fice of the Director of the United States Fish and Wildlife Service and in such other offices Page 2305 TITLE 16—CONSERVATION § 3503 of the Service as the Director considers appro- priate; (2) provide a notification of the availability 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) to reflect each boundary modification under subsection (c) and each addition of real property to the System under subsection (d) or (e), 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 Con- gress 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 con- sisting of— (i) a road, with a reinforced road bed, to each lot or building site in the area; (ii) a wastewater disposal system suffi- cient to serve each lot or building site in the area; (iii) electric service for each lot or build- ing 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 manufac- tured 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 of- ficial maps referred to in subsection (a). (Pub. L. 97–348, § 4, Oct. 18, 1982, 96 Stat. 1654; Pub. L. 97–396, § 8, Dec. 31, 1982, 96 Stat. 2007; Pub. L. 100–707, title II, § 204(b), Nov. 23, 1988, 102 Stat. 4713; Pub. L. 101–591, § 3, Nov. 16, 1990, 104 Stat. 2931; Pub. L. 106–167, § 3(c)(3), Dec. 9, 1999, 113 Stat. 1804; Pub. L. 106–514, §§ 2–3(b)(1), (c), (d), Nov. 13, 2000, 114 Stat. 2394, 2395; Pub. L. 115–358, §§ 2(d), 3, Dec. 21, 2018, 132 Stat. 5080; Pub. L. 118–117, title I, § 102, Nov. 25, 2024, 138 Stat. 1610.) Editorial Notes REFERENCES IN TEXT Section 201 of the Bolstering Ecosystems Against Coastal Harm Act, referred to in subsec. (a)(2), is sec- tion 201 of Pub. L. 118–117, which is listed in a table of Revision of Maps for Units of System set out below. Section 4 of the Coastal Barrier Improvement Act of 1990, referred to in subsec. (a)(3)(B), is section 4 of Pub. L. 101–591, which is set out as a note below. 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, § 4(d), Nov. 16, 1990, 104 Stat. 2933, formerly included in a note set out under this sec- tion. In subsec. (e)(1), ‘‘chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–117, § 102(1), amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘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 replaced, modified, revised, or corrected under— ‘‘(1) subsection (f)(3); ‘‘(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 replaces such a map or authorizes the modification, revision, or cor- rection.’’ Subsec. (e)(1). Pub. L. 118–117, § 102(2)(A), in introduc- tory provisions, substituted ‘‘a coastal barrier’’ for ‘‘an undeveloped coastal barrier’’ in two places. Subsec. (e)(1)(A). Pub. L. 118–117, § 102(2)(B), struck out ‘‘undeveloped’’ before ‘‘coastal barrier’’. Subsec. (f)(2). Pub. L. 118–117, § 102(3), substituted ‘‘no- tification of the availability of the map’’ for ‘‘copy of the map’’ in introductory provisions. 2018—Subsec. (a). Pub. L. 115–358, § 2(d)(1), inserted ‘‘replaced,’’ after ‘‘may be’’ in introductory provisions. Subsec. (a)(3). Pub. L. 115–358, § 2(d)(2), inserted ‘‘re- places such a map or’’ after ‘‘that specifically’’. Subsec. (b). Pub. L. 115–358, § 3, designated existing provisions as par. (1), inserted heading, and added par. (2). 2000—Subsec. (a). Pub. L. 106–514, § 3(d), substituted ‘‘which shall consist of those undeveloped coastal bar- riers and other areas located on the coasts of the United States that are identified and generally de- picted 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 cor- rected under—’’ and pars. (1) to (3) for ‘‘which shall con- sist 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 Re- sources 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, § 3(a), added subsec. (d). Subsec. (e). Pub. L. 106–514, § 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 in- troductory provisions and struck out ‘‘shall’’ before ‘‘publish’’ in subpar. (B), in par. (2), substituted ‘‘para- graph (1)(B)’’ for ‘‘subsection (d)(1)(B)’’, and struck out par. (3), which required revision of maps as soon as Page 2306 TITLE 16—CONSERVATION § 3503 practicable after a unit was added to the System. See Codification note above. Subsec. (f). Pub. L. 106–514, § 3(c), added subsec. (f). Subsec. (g). Pub. L. 106–514, § 2, added subsec. (g). 1999—Pub. L. 106–167, § 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, § 3(c)(3)(B), substituted ‘‘the John H. Chafee Coastal Barrier Resources Sys- tem’’ for ‘‘the Coastal Barrier Resources System’’. 1990—Pub. L. 101–591 amended section generally, sub- stituting provisions relating to establishment of Coast- al Barrier Resources System consisting of undeveloped coastal barriers and other areas on United States coasts identified on maps entitled ‘‘Coastal Barrier Re- sources System’’ dated Oct. 24, 1990, as maintained and revised by the Secretary, for provisions which related to Coastal Barrier Resources System consisting of un- developed coastal barriers on the Atlantic and Gulf Coasts of the United States and included within the System on Apr. 19, 1983, and undeveloped coastal bar- riers 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 in- clude those undeveloped coastal barriers located on the Atlantic and Gulf Coasts of the United States and in- cluded within the System on Apr. 19, 1983, and the Great Lakes barriers, to make all System maps avail- able to public inspection, and to revise and update pro- visions for making boundary modifications. 1982—Subsec. (a)(1). Pub. L. 97–396 inserted ‘‘(but ex- cluding 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’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. COASTAL BARRIER RESOURCES REAUTHORIZATION Pub. L. 109–226, May 25, 2006, 120 Stat. 381, as amended by Pub. L. 115–358, § 4, Dec. 21, 2018, 132 Stat. 5081, pro- vided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Coastal Barrier Re- sources Reauthorization Act of 2005’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) OTHERWISE PROTECTED AREA.—The term ‘other- wise protected area’ has the meaning given the term in section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101–591). ‘‘(2) PILOT PROJECT.—The term ‘pilot project’ means the digital mapping pilot project authorized under section 6 of the Coastal Barrier Resources Reauthor- ization Act of 2000 (16 U.S.C. 3503 note; Public Law 106–514). ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘(4) SYSTEM UNIT.—The term ‘System unit’ has the meaning given the term in section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502). ‘‘[SEC. 3. Repealed. Pub. L. 115–358, § 4, Dec. 21, 2018, 132 Stat. 5081.] ‘‘SEC. 4. DIGITAL MAPPING PROJECT FOR THE RE- MAINING JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM UNITS AND OTHERWISE PROTECTED AREAS. ‘‘(a) IN GENERAL.—The Secretary shall carry out a project to create digital versions of all 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)), including maps of otherwise pro- tected areas, that were not included in the pilot project. ‘‘(b) DATA.— ‘‘(1) USE OF EXISTING DATA.—To the maximum ex- tent practicable, in carrying out the project under this section, the Secretary shall use any digital spa- tial data in the possession of Federal, State, and local agencies, including digital orthophotos, color infra- red photography, wetlands data, and property parcel data. ‘‘(2) PROVISION OF DATA BY OTHER AGENCIES.—The head of a Federal agency that possesses any data re- ferred to in paragraph (1) shall, on request of the Sec- retary, promptly provide the data to the Secretary at no cost. ‘‘(3) PROVISION OF DATA BY NON-FEDERAL AGENCIES.— State and local agencies and any other non-Federal entities that possess data referred to in paragraph (1) are encouraged, on request of the Secretary, to promptly provide the data to the Secretary at no cost. ‘‘(4) ADDITIONAL DATA.—If the Secretary determines that any data necessary to carry out the project under this section does not exist, the Director of the United States Fish and Wildlife Service shall enter into an agreement with the Director of the United States Geological Survey under which the United States Geological Survey, in cooperation with the heads of other Federal agencies, as appropriate, shall obtain and provide to the Director of the United States Fish and Wildlife Service the data required to carry out this section. ‘‘(5) DATA STANDARDS.—All data used or created to carry out this section shall comply with— ‘‘(A) the National Spatial Data Infrastructure es- tablished by Executive Order No. 12906 (59 Fed. Reg. 17671) [43 U.S.C. 1457 note]; and ‘‘(B) any other standards established by the Fed- eral Geographic Data Committee established by the Office of Management and Budget circular num- bered A–16. ‘‘(c) REPORT.— ‘‘(1) IN GENERAL.—Not later than 5 years after the submission of the report under section 3(a), the Sec- retary shall submit to the Committee on Environ- ment and Public Works of the Senate and the Com- mittee on Resources [now Committee on Natural Re- sources] of the House of Representatives a report re- garding the digital maps created under this section. ‘‘(2) CONSULTATION.—The Secretary shall prepare the report required under paragraph (1)— ‘‘(A) in consultation with the Governors of the States in which the System units and otherwise protected areas are located; and ‘‘(B) after— ‘‘(i) providing an opportunity for the submis- sion of public comments; and ‘‘(ii) considering any public comments sub- mitted under clause (i). ‘‘(3) CONTENTS.—The report required under para- graph (1) shall contain— ‘‘(A) a description of the extent to which the boundary lines on the digital maps differ from the boundary lines on the original maps; Page 2307 TITLE 16—CONSERVATION § 3503 ‘‘(B) a summary of the comments received from Governors, other government officials, and the pub- lic regarding the digital maps created under this section; ‘‘(C) recommendations for the adoption of the dig- ital maps created under this section by Congress; ‘‘(D) recommendations for expansion of the John H. Chafee Coastal Barrier Resources System and otherwise protected areas, as in existence on the date of enactment of this Act [May 25, 2006]; ‘‘(E) a summary and update on the implementa- tion and use of the digital maps created under the pilot project; and ‘‘(F) a description of the feasibility of, and the amount of funding necessary for— ‘‘(i) making all of the System unit and other- wise protected area maps available to the public in digital format; and ‘‘(ii) facilitating the integration of digital Sys- tem unit and otherwise protected area boundaries into Federal, State, and local planning tools. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2006 through 2010. ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.’’ [Amended section 3510 of this title.] DIGITAL MAPPING PILOT PROJECT Pub. L. 106–514, § 6, Nov. 13, 2000, 114 Stat. 2396, pro- vided that: ‘‘(a) IN GENERAL.— ‘‘(1) PROJECT.—The Secretary of the Interior (re- ferred to in this section as the ‘Secretary’), in con- sultation with the Director of the Federal Emergency Management Agency, shall carry out a pilot project to determine the feasibility and cost of creating dig- ital 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 con- sist 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 ex- tent 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 Sec- retary, 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 Di- rector 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 es- tablished 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 Fed- eral Geographic Data Committee established by Of- fice of Management and Budget Circular A–16. ‘‘(c) DIGITAL MAPS NOT CONTROLLING.—Any deter- mination 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 Sec- retary shall submit to the Committee on Environ- ment and Public Works of the Senate and the Com- mittee on Resources [now Committee on Natural Re- sources] of the House of Representatives a report that describes the results of the pilot project and the fea- sibility, data needs, and costs of completing digital maps for the entire System. ‘‘(2) CONTENTS.—The report shall include a descrip- tion 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 dig- ital 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 au- thorized 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, § 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 re- sources 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 legis- lation 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 spe- cies and their habitats; ‘‘(4) millions of people of the United States breathe cleaner air, drink cleaner water, and enjoy more plen- tiful 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 Atlan- tic 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, § 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 Bar- rier 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, regu- lation, 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 Inte- rior to make technical revisions to, corrections to, and Page 2308 TITLE 16—CONSERVATION § 3503 replacement of maps relating to particular units of the John H. Chafee Coastal Barrier Resources System: Pub. L. 118–117, title II, § 201, Nov. 25, 2024, 138 Stat. 1613. Pub. L. 115–358, § 2(a)–(c), Dec. 21, 2018, 132 Stat. 5078–5080, as amended by Pub. L. 116–9, title II, § 2402A(a), Mar. 12, 2019, 133 Stat. 747. Pub. L. 114–314, § 1, Dec. 16, 2016, 130 Stat. 1535. Pub. L. 114–128, § 1, Feb. 29, 2016, 130 Stat. 287. Pub. L. 113–253, Dec. 18, 2014, 128 Stat. 2895. Pub. L. 110–419, § 1, Oct. 15, 2008, 122 Stat. 4773. Pub. L. 109–355, § 1, Oct. 16, 2006, 120 Stat. 2018. Pub. L. 109–354, § 1, Oct. 16, 2006, 120 Stat. 2017. Pub. L. 108–380, § 1, Oct. 30, 2004, 118 Stat. 2210. Pub. L. 108–339, § 1, Oct. 18, 2004, 118 Stat. 1361. Pub. L. 108–138, § 1, Dec. 1, 2003, 117 Stat. 1869. Pub. L. 108–7, div. F, title I, § 155, Feb. 20, 2003, 117 Stat. 246. Pub. L. 106–360, § 1, Oct. 27, 2000, 114 Stat. 1399. Pub. L. 106–332, Oct. 19, 2000, 114 Stat. 1306. Pub. L. 106–128, § 1, Dec. 6, 1999, 113 Stat. 1652. Pub. L. 106–116, § 1, Nov. 29, 1999, 113 Stat. 1544. Pub. L. 105–277, div. A, § 101(e) [title I, title I, § 134, title III, § 335], Oct. 21, 1998, 112 Stat. 2681–231, 2681–238, 2681–264, 2681–295. Pub. L. 104–333, div. I, title II, § 220, Nov. 12, 1996, 110 Stat. 4115. Pub. L. 104–265, title II, § 201, Oct. 9, 1996, 110 Stat. 3289. Pub. L. 104–148, § 2, May 24, 1996, 110 Stat. 1378. Pub. L. 103–461, § 1(a), (b), Nov. 2, 1994, 108 Stat. 4804. Pub. L. 102–440, title III, § 303, Oct. 23, 1992, 106 Stat. 2234. CORRECTION OF ERRORS IN MAPS; MODIFICATION OF BOUNDARIES; ADDITIONS TO SYSTEM Pub. L. 101–591, § 4, Nov. 16, 1990, 104 Stat. 2932, as amended by Pub. L. 106–514, § 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 re- ferred to in section 4(a) of the Coastal Barrier Re- sources 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 pro- gram 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 GOVERN- MENTS 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 bound- aries of existing units of the System located in that local government or State, respectively. ‘‘(2) If, in the case of any minor and technical modi- fication to the boundaries of System units made under the authority of section 4(e) of the Coastal Barrier Re- sources Act (16 U.S.C. 3503(e)), an appropriate chief ex- ecutive officer of a State, county or equivalent juris- diction, or State coastal zone management agency to which notice was given in accordance with this sub- section files comments disagreeing with all or part of the modification and the Secretary makes a modifica- tion 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 ex- ecutive 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 para- graph (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 govern- ment, State, or qualified organization, respectively; ‘‘(B) shall notify the Secretary of that election; and ‘‘(C) shall submit to the Secretary a map depict- ing 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 para- graph (1). ‘‘(3) EFFECTIVE DATE OF ELECTION.—An area elected by a local government, Governor of a State, or quali- fied 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 manage- ment agencies under subsection (b), may make such minor and technical modifications to the bound- aries of existing units of the System as are con- sistent with the purposes of the Coastal Barrier Re- sources Act (16 U.S.C. 3501 et seq.) and are nec- essary 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 govern- ment, Governor of a State, or qualified organiza- tion 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 modi- fication 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 Fed- eral Register under paragraph (1)(C) with respect to that modification.’’ Page 2309 TITLE 16—CONSERVATION § 3504 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 de- grees 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 Con- gress maps identifying the boundaries of those undevel- oped 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, § 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 Re- sources 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, § 4(b), Nov. 13, 2000, 114 Stat. 2396. DEFINITIONS Pub. L. 101–591, § 12, Nov. 16, 1990, 104 Stat. 2940, as amended by Pub. L. 106–167, § 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 sec- tion 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 con- tain few manmade structures and these structures, and man’s activities on such features and within such habi- tats, do not significantly impede geomorphic and eco- logical 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.’’ § 3504. Limitations on Federal expenditures af- fecting the System (a) Construction or purchase of structure, facil- ity, 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 sec- tion 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 expendi- ture or new financial assistance if— (1) in any case with respect to which specific appropriations are required, no money for con- struction or purchase purposes was appro- priated 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) Disclosure of limitations Not later than 2 years after November 25, 2024, the Secretary, in consultation with the Sec- retary 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. (Pub. L. 97–348, § 5, Oct. 18, 1982, 96 Stat. 1656; Pub. L. 101–591, §§ 2(b)(2), 5(c), Nov. 16, 1990, 104 Stat. 2931, 2936; Pub. L. 118–117, title I, § 103, Nov. 25, 2024, 138 Stat. 1610.) Editorial Notes REFERENCES IN TEXT The Coastal Barrier Improvement Act of 1990, re- ferred 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 re- pealed 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 intro- ductory provisions substituted ‘‘the System’’ for ‘‘the Coastal Barrier Resources System’’.