§3503. Establishment of Coastal Barrier Resources System

(a) Establishment

There is established the 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 such maps may be revised by the Secretary under section 4 of the Coastal Barrier Improvement Act of 1990.

(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.

( 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 .)

References in Text

Section 4 of the Coastal Barrier Improvement Act of 1990, referred to in subsec. (a), is section 4 of Pub. L. 101–591, which is set out below.

Amendments

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".

Technical Revision of Maps; Modification of Boundaries; Additions to System

Pub. L. 103–461, §1(a), (b), Nov. 2, 1994, 108 Stat. 4804 , provided that:

"(a) In General.-The Secretary of the Interior shall, not later than 30 days after the date of enactment of this Act [Nov. 2, 1994], make such corrections to the maps described in subsection (b) as are necessary to ensure that-

"(1) depictions of areas on the maps are consistent with the depictions of areas appearing on the maps entitled 'Coastal Barrier Resources System', dated September 27, 1994, and on file with the Secretary of the Interior; and

"(2) the Coastal Barrier Resources System does not include any area that, on the day before the date of the enactment of this Act, was part of unit FL–05P of the System.

"(b) Maps Described.-The maps described in this subsection are maps that-

"(1) are included in a set of maps entitled 'Coastal Barrier Resources System', dated October 24, 1990; and

"(2) related to the following units of the Coastal Barrier Resources System: AL–01P, FL–05P, P11A, P17, P17A, P18P, P19P, FL–15, FL–95P, FL–36P, P31P, FL–72P, MI21, NY75, and VA62P."

Pub. L. 102–440, title III, §303, Oct. 23, 1992, 106 Stat. 2234 , provided that:

"(a) In General.-The Secretary of the Interior shall, before the end of the 30-day period beginning on the date of the enactment of this Act [Oct. 23, 1992], make such technical revisions to the maps described in subsection (b) as are necessary to ensure that-

"(1) on the maps referred to in subsection (b)(2)(A) and (B), depictions of areas as 'otherwise protected areas' do not include any area that is not an otherwise protected area within the meaning of that term under section 12 of the Coastal Barrier Improvement Act of 1990 [Pub. L. 101–591] (16 U.S.C. 3503 note);

"(2) on the map referred to in subsection (b)(2)(C), depictions of areas as 'otherwise protected areas' identified as 'VA–60P' do not include-

"(A) any area that is located south of the north bank of the Salt Ponds Inlet in Hampton, Virginia; and

"(B) the area that is located north of the line described in subsection (c), other than any part of that area which is an otherwise protected area within the meaning of that term under section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note);

"(3) on the map referred to in subsection (b)(2)(A), the area: consisting of approximately 5,221 acres and owned by the National Audubon Society as of September 28, 1992 (known as the 'Audubon Sanctuary'), along with the associated aquatic habitat of Pine Island Bay and Goat Island Bay, shall be designated and depicted as NC–01, a unit of the Coastal Barrier Resources System by the Secretary in accordance with paragraph (5) of this subsection; and

"(4) on the map referred to in subsection (b)(2)(C) areas designated as 'otherwise protected areas' identified as 'VA–60P' that are:

"(A) north of the north bank of Salt Ponds Inlet in Hampton, Virginia; and

"(B) south of the line described in subsection (c) of this section shall be designated and depicted on the map as VA–60, a unit of the Coastal Barrier Resources System by the Secretary in accordance with paragraph (5) of this subsection.

In designating the units in accordance with paragraphs (3) and (4) above, the Secretary is authorized to make any minor and technical modifications to the boundaries of such unit as may be necessary to correct existing clerical and typographical errors in the map: Provided, That the local government in which is located such unit may recommend any such corrections be considered by the Secretary.

"(b) Maps Described.-The maps referred to in subsection (a) are-

"(1) included in a set of maps entitled 'Coastal Barrier Resources System', dated October 24, 1990; and

"(2) entitled, respectively-

"(A) 'Pine Island Bay Unit, NC–01P',

"(B) 'Roosevelt Natural Area Unit, NC–05P', and

"(C) 'Plum Island Unit VA–59P Long Creek Unit VA–60P'.

"(c) Line Described.-The line referred to in subsection (a)(2)(B) is a line described as follows:

"Beginning at an iron pipe in the low water line of Chesapeake Bay; said iron pipe being located 265.00 feet in a southerly direction from the south eastern corner of Fox Hill Shores Subdivision (as shown in Plat Book 9, page 161 as recorded in the Circuit Court for the City of Hampton, Virginia) and from this TRUE POINT OF BEGINNING running thence North 66 degrees 47 minutes 46 seconds West 995.79 feet to a found iron pipe; thence South 15 degrees 47 minutes 20 seconds East 270.65 feet to a found iron pipe; thence South 73 degrees 59 minutes 57 seconds West 836.68 feet to a point marking the low water line of Long Creek; being known as the southerly property line of Riley's Way."

Section 4 of Pub. L. 101–591 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 subsection (d) of this section, 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) 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 (40 U.S.C. 471 et seq.) 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 one hundred and eighty 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) shall 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 subsection (d)(1)(B) with respect to that area.

"(3) Revision of maps.-As soon as practicable after the date on which a unit is added to the System under subsection (d)(2), the Secretary 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) to reflect each such addition.

"(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.

"(f) Notification Regarding Modifications and Elections.-Not less than 30 days before the effective date of any modification of the boundaries of a unit of the System under subsection (d)(1)(A), or of an election of a local government, Governor of a State, or qualified organization to add an area of qualified coastal barrier to the System pursuant to subsection (c) or of an addition to the System pursuant to subsection (d), the Secretary shall submit written notice of such modification or election to-

"(1) the Committee on Merchant Marine and Fisheries [now Committee on Resources] of the House of Representatives and the Committee on Environment and Public Works of the Senate; and

"(2) appropriate State and Federal officials."

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

Section 8 of Pub. L. 101–591 provided that:

"(a) Coastal Barriers Task Force.-

"(1) Establishment.-There is established an interagency task force to be known as the Coastal Barriers Task Force (hereinafter in this section referred to as the 'Task Force').

"(2) Membership.-The Task Force shall be composed of 11 individuals as follows:

"(A) A designee of the Secretary of Agriculture.

"(B) A designee of the Secretary of Commerce.

"(C) A designee of the Secretary of Defense.

"(D) A designee of the Secretary of Energy.

"(E) A designee of the Secretary of Housing and Urban Development.

"(F) A designee of the Secretary of the Interior.

"(G) A designee of the Secretary of Transportation.

"(H) A designee of the Secretary of the Treasury, who shall represent the Internal Revenue Service.

"(I) A designee of the Administrator of the Environmental Protection Agency.

"(J) A designee of the Director of the Federal Emergency Management Agency.

"(K) A designee of the Administrator of the Small Business Administration.

"(3) Chairperson.-The chairperson of the Task Force shall be the designee of the Secretary of the Interior.

"(b) Report.-

"(1) In general.-Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act [Nov. 16, 1990], the Task Force shall submit to the Congress a report regarding the Coastal Barrier Resources System.

"(2) Contents.-The report required under paragraph (1) shall include the following:

"(A) An analysis of the effects of any regulatory activities of the Federal Government on development within units of the System, for the period from 1975 to 1990.

"(B) An analysis of the direct and secondary impacts of tax policies of the Federal Government on development (including development of second home and investment properties) within units of the System, for the period from 1975 to 1990.

"(C) An estimate and comparison of the costs to the Federal Government with respect to developed coastal barriers on which are located units of the System, for the period from 1975 to 1990, which shall include costs of shore protection activities, beach renourishment activities, evacuation services, disaster assistance, and flood insurance subsidies under the national flood insurance program.

"(D) A determination of the number of structures for which flood insurance under the national flood insurance program has been unavailable since the enactment of the National Flood Insurance Act of 1968 [Aug. 1, 1968] because of the prohibition, under section 1321 of such Act [42 U.S.C. 4028], of the provision of insurance for structures located on coastal barriers within the System.

"(E) An estimate of the number of existing structures located on coastal barriers that are included within the System because of the expansion of the System under this Act and the amendments made by this Act [see Short Title of 1990 Amendment note set out under section 3501 of this title].

"(F) A summary of the opinions and comments expressed pursuant to paragraph (3).

"(G) Recommendations for Federal policies and legislative action with respect to developed and undeveloped coastal barriers to promote the protection of coastal barriers and minimize activities of the Federal Government that contribute to the destruction and degradation of coastal barriers.

"(3) Hearings.-In carrying out its responsibilities under this subsection, the Task Force shall hold hearings to provide opportunity for State and local governments and members of the public to express their opinions and comment on Federal policy regarding coastal barriers.

"(c) Termination.-The Task Force shall terminate 90 days after submission of the report required under subsection (b)(1)."

Definitions

Section 12 of Pub. L. 101–591 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 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.