§ 3503. Establishment of John H. Chafee Coastal Barrier Resources System

§ 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 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, revised, or corrected under—

(A) subsection (f)(3);

(B) section 4 of the Coastal Barrier Improvement 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, revision, 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 location 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 respect 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 Committee on Natural Resources of the House of Representatives and the Committee on Environment 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 System.

(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 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 chapters 1 to 11 of title 40 and division 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 Administrator of General Services shall consult with and obtain from the Secretary a determination 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. Immediately upon issuance of a positive determination, 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 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) 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 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 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 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).

(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 section 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 section.

In subsec. (e)(1), “chapters 1 to 11 of title 40 and division 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 correction.”

Subsec. (e)(1). Pub. L. 118–117, § 102(2)(A), in introductory 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 “notification 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 “replaces 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 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, § 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 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, § 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 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”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency 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 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 former section 313(1) and sections 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.

Coastal Barrier Resources Reauthorization