-CITE-

16 USC CHAPTER 55 - COASTAL BARRIER RESOURCES 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 55 - COASTAL BARRIER RESOURCES

.

-HEAD-

CHAPTER 55 - COASTAL BARRIER RESOURCES

-MISC1-

Sec.

3501. Congressional statement of findings and purpose.

3502. Definitions.

3503. Establishment of John H. Chafee Coastal Barrier Resources

System.

(a) Establishment.

(b) System maps.

(c) Boundary review and modification.

(d) Additions to System.

(e) Addition of excess Federal property.

(f) Maps.

(g) Guidelines for certain recommendations and

determinations.

3504. Limitations on Federal expenditures affecting the System.

(a) Construction or purchase of structure, facility,

road, airport, etc.; projects to prevent

erosion; exceptions.

(b) New expenditures or new financial assistance.

3505. Exceptions to limitations on expenditures.

(a) In general.

(b) Existing Federal navigation channels.

(c) Expansion of highways in Michigan.

(d) Services and facilities outside System.

3506. Certification of compliance.

(a) Regulations.

(b) Certification.

3507. Priority of laws.

3508. Separability.

3509. Repealed.

3510. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 5172.

-CITE-

16 USC Sec. 3501 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-

Sec. 3501. Congressional statement of findings and purpose

-STATUTE-

(a) The Congress finds that -

(1) coastal barriers along the Atlantic and Gulf coasts and

along the shore areas of the Great Lakes of the United States and

the adjacent wetlands, marshes, estuaries, inlets and nearshore

waters provide -

(A) habitats for migratory birds and other wildlife; and

(B) habitats which are essential spawning, nursery, nesting,

and feeding areas for commercially and recreationally important

species of finfish and shellfish, as well as other aquatic

organisms such as sea turtles;

(2) coastal barriers contain resources of extraordinary scenic,

scientific, recreational, natural, historic, archeological,

cultural, and economic importance; which are being irretrievably

damaged and lost due to development on, among, and adjacent to,

such barriers;

(3) coastal barriers serve as natural storm protective buffers

and are generally unsuitable for development because they are

vulnerable to hurricane and other storm damage and because

natural shoreline recession and the movement of unstable

sediments undermine manmade structures;

(4) certain actions and programs of the Federal Government have

subsidized and permitted development on coastal barriers and the

result has been the loss of barrier resources, threats to human

life, health, and property, and the expenditure of millions of

tax dollars each year; and

(5) a program of coordinated action by Federal, State, and

local governments is critical to the more appropriate use and

conservation of coastal barriers.

(b) The Congress declares that it is the purpose of this chapter

to minimize the loss of human life, wasteful expenditure of Federal

revenues, and the damage to fish, wildlife, and other natural

resources associated with the coastal barriers along the Atlantic

and Gulf coasts and along the shore areas of the Great Lakes by

restricting future Federal expenditures and financial assistance

which have the effect of encouraging development of coastal

barriers, by establishing the John H. Chafee Coastal Barrier

Resources System, and by considering the means and measures by

which the long-term conservation of these fish, wildlife, and other

natural resources may be achieved.

-SOURCE-

(Pub. L. 97-348, Sec. 2, Oct. 18, 1982, 96 Stat. 1653; Pub. L.

100-707, title II, Sec. 204(c)(1), Nov. 23, 1988, 102 Stat. 4714;

Pub. L. 106-167, Sec. 3(c)(1), Dec. 9, 1999, 113 Stat. 1804.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

''this Act'', meaning Pub. L. 97-348, Oct. 18, 1982, 96 Stat. 1653,

as amended, known as the Coastal Barrier Resources Act, which is

classified generally to this chapter (Sec. 3501 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out below and Tables.

-MISC2-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-167 substituted ''the John H.

Chafee Coastal Barrier Resources System'' for ''a Coastal Barrier

Resources System''.

1988 - Subsecs. (a)(1), (b). Pub. L. 100-707 inserted ''and along

the shore areas of the Great Lakes'' after ''Atlantic and Gulf

coasts''.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-514, Sec. 1, Nov. 13, 2000, 114 Stat. 2394, provided

that: ''This Act (amending sections 3502, 3503, and 3510 of this

title, repealing section 3509 of this title, enacting provisions

set out as notes under this section and section 3503 of this title,

and amending and repealing provisions set out as notes under

section 3503 of this title) may be cited as the 'Coastal Barrier

Resources Reauthorization Act of 2000'.''

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-167, Sec. 1, Dec. 9, 1999, 113 Stat. 1803, provided

that: ''This Act (amending this section and sections 3502, 3503,

and 3509 of this title, section 1441a-3 of Title 12, Banks and

Banking, and section 4028 of Title 42, The Public Health and

Welfare, and enacting and amending provisions set out as notes

under section 3503 of this title) may be cited as the 'John H.

Chafee Coastal Barrier Resources System Act'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-591, Sec. 1, Nov. 16, 1990, 104 Stat. 2931, provided

that: ''This Act (enacting section 1441a-3 of Title 12, Banks and

Banking, amending sections 3502 to 3506 and 3510 of this title and

section 4028 of Title 42, The Public Health and Welfare, enacting

provisions set out as notes under section 3503 of this title, and

repealing provisions set out as a note under section 3505 of this

title) may be cited as the 'Coastal Barrier Improvement Act of

1990'.''

SHORT TITLE OF 1988 AMENDMENT

Section 204(a) of Pub. L. 100-707 provided that: ''This section

(amending this section and sections 3502 and 3503 of this title and

enacting provisions set out as a note under section 3505 of this

title) may be cited as the 'Great Lakes Coastal Barrier Act of

1988'.''

SHORT TITLE

Section 1 of Pub. L. 97-348 provided that: ''This Act (enacting

this chapter, amending section 4028 of Title 42, The Public Health

and Welfare, and repealing provisions set out as a note under

section 4028 of Title 42) may be cited as the 'Coastal Barrier

Resources Act'.''

ECONOMIC ASSESSMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES

SYSTEM

Pub. L. 106-514, Sec. 7, Nov. 13, 2000, 114 Stat. 2397, provided

that:

''(a) In General. - Not later than 1 year after the date of

enactment of this Act (Nov. 13, 2000), the Secretary of the

Interior shall submit to the Committee on Environment and Public

Works of the Senate and the Committee on Resources of the House of

Representatives an economic assessment of the John H. Chafee

Coastal Barrier Resources System.

''(b) Required Elements. - The assessment shall consider the

impact on Federal expenditures of the Coastal Barrier Resources Act

(16 U.S.C. 3501 et seq.), including impacts resulting from the

avoidance of Federal expenditures for -

''(1) disaster relief under the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);

''(2) the national flood insurance program established under

chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C.

4011 et seq.); and

''(3) development assistance for roads, potable water supplies,

and wastewater infrastructure.''

-CITE-

16 USC Sec. 3502 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-

Sec. 3502. Definitions

-STATUTE-

For purposes of this chapter -

(1) The term ''undeveloped coastal barrier'' means -

(A) a depositional geologic feature (such as a bay barrier,

tombolo, barrier spit, or barrier island) that -

(i) is subject to wave, tidal, and wind energies, and

(ii) protects landward aquatic habitats from direct wave

attack; and

(B) all associated aquatic habitats, including the adjacent

wetlands, marshes, estuaries, inlets, and nearshore waters;

but only if such feature and associated habitats contain few

manmade structures and these structures, and man's activities on

such feature and within such habitats, do not significantly

impede geomorphic and ecological processes.

(2) The term ''Committees'' means the Committee on Resources of

the House of Representatives and the Committee on Environment and

Public Works of the Senate.

(3) The term ''financial assistance'' means any form of loan,

grant, guaranty, insurance, payment, rebate, subsidy, or any

other form of direct or indirect Federal assistance other than -

(A) deposit or account insurance for customers of banks,

savings and loan associations, credit unions, or similar

institutions;

(B) the purchase of mortgages or loans by the Government

National Mortgage Association, the Federal National Mortgage

Association, or the Federal Home Loan Mortgage Corporation;

(C) assistance for environmental studies, planning, and

assessments that are required incident to the issuance of

permits or other authorizations under Federal law; and

(D) assistance pursuant to programs entirely unrelated to

development, such as any Federal or federally assisted public

assistance program or any Federal old-age survivors or

disability insurance program.

Such term includes flood insurance described in section 4028 of

title 42.

(4) The term ''Great Lakes'' means Lake Ontario, Lake Erie,

Lake Huron, Lake St. Clair, Lake Michigan, and Lake Superior, to

the extent that those lakes are subject to the jurisdiction of

the United States.

(5) The term ''Secretary'' means the Secretary of the Interior.

(6) The term ''System'' means John H. Chafee Coastal Barrier

Resources System established by section 3503(a) of this title.

(7) The term ''System unit'' means any undeveloped coastal

barrier, or combination of closely-related undeveloped coastal

barriers, included within the John H. Chafee Coastal Barrier

Resources System established by section 3503 of this title.

-SOURCE-

(Pub. L. 97-348, Sec. 3, Oct. 18, 1982, 96 Stat. 1653; Pub. L.

99-272, title XIV, Sec. 14001(b)(5), Apr. 7, 1986, 100 Stat. 329;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

100-707, title II, Sec. 204(c)(2), Nov. 23, 1988, 102 Stat. 4714;

Pub. L. 101-591, Sec. 2(a), (b)(1), (c), Nov. 16, 1990, 104 Stat.

2931; Pub. L. 106-167, Sec. 3(c)(2), Dec. 9, 1999, 113 Stat. 1804;

Pub. L. 106-514, Sec. 4(a)(1), (2), Nov. 13, 2000, 114 Stat. 2396.)

-MISC1-

AMENDMENTS

2000 - Par. (2). Pub. L. 106-514, Sec. 4(a)(1), substituted

''means the Committee on Resources'' for ''refers to the Committee

on Merchant Marine and Fisheries''.

Par. (3). Pub. L. 106-514, Sec. 4(a)(2), substituted ''Such'' for

''Effective October 1, 1983, such'' in concluding provisions.

1999 - Pars. (6), (7). Pub. L. 106-167 substituted ''John H.

Chafee Coastal Barrier Resources System'' for ''Coastal Barrier

Resources System''.

1990 - Par. (1). Pub. L. 101-591, Sec. 2(c), in concluding

provisions, struck out cl. (i) designation, inserted a period after

''processes'', and struck out at end '', and (ii) are not included

within the boundaries of an area established under Federal, State,

or local law, or held by a qualified organization as defined in

section 170(h)(3) of title 26, primarily for wildlife refuge,

sanctuary, recreational, or natural resource conservation

purposes.''

Par. (1)(A). Pub. L. 101-591, Sec. 2(a), redesignated cls. (ii)

and (iii) as (i) and (ii), respectively, and struck out former cl.

(i) which read as follows: ''consists of unconsolidated sedimentary

materials,''.

Par. (6). Pub. L. 101-591, Sec. 2(b)(1), amended par. (6)

generally. Prior to amendment, par. (6) read as follows: ''The

term 'system maps' means -

''(A) the maps that are entitled 'Coastal Barrier Resources

System', numbered A01 through T12 (but excluding maps T02 and

T03) and dated September 30, 1982, and the maps numbered T02A and

T03A and dated December 8, 1982; and

''(B) the maps prepared under section 3503(b) of this title and

any modification to those maps under that section.''

1988 - Pars. (4) to (7). Pub. L. 100-707 added pars. (4) and (6)

and redesignated former pars. (4) and (5) as (5) and (7),

respectively.

1986 - Par. (1). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954'', which for

purposes of codification was translated as ''title 26'' thus

requiring no change in text.

Par. (3). Pub. L. 99-272 struck out subpar. (A) relating to

general revenue-sharing grants made under section 6702 of title 31,

and redesignated subpars. (B) to (E) as (A) to (D), respectively.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-272, effective Oct. 18, 1986, see section

14001(e) of Pub. L. 99-272.

-CITE-

16 USC Sec. 3503 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-

Sec. 3503. Establishment of John H. Chafee Coastal Barrier

Resources System

-STATUTE-

(a) Establishment

There is established the John H. Chafee Coastal Barrier Resources

System, which shall consist of those undeveloped coastal barriers

and other areas located on the coasts of the United States that are

identified and generally depicted on the maps on file with the

Secretary entitled ''Coastal Barrier Resources System'', dated

October 24, 1990, as those maps may be modified, revised, or

corrected under -

(1) subsection (f)(3) of this section;

(2) section 4 of the Coastal Barrier Improvement Act of 1990

(16 U.S.C. 3503 note; Public Law 101-591); or

(3) any other provision of law enacted on or after November 16,

1990, that specifically authorizes the modification, revision, or

correction.

(b) System maps

The Secretary shall keep the maps referred to in subsection (a)

of this section on file and available for public inspection in the

Office of the Director of the United States Fish and Wildlife

Service, and in such other offices of that service as the Director

considers appropriate.

(c) Boundary review and modification

At least once every 5 years, the Secretary shall review the maps

referred to in subsection (a) of this section and shall make, in

consultation with the appropriate State, local, and Federal

officials, such minor and technical modifications to the boundaries

of System units as are necessary solely to reflect changes that

have occurred in the size or location of any System unit as a

result of natural forces.

(d) Additions to System

The Secretary may add a parcel of real property to the System, if

-

(1) the owner of the parcel requests, in writing, that the

Secretary add the parcel to the System; and

(2) the parcel is an undeveloped coastal barrier.

(e) Addition of excess Federal property

(1) Consultation and determination

Prior to transfer or disposal of excess property under the

Federal Property and Administrative Services Act of 1949

(FOOTNOTE 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 -

(FOOTNOTE 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.

-SOURCE-

(Pub. L. 97-348, Sec. 4, Oct. 18, 1982, 96 Stat. 1654; Pub. L.

97-396, Sec. 8, Dec. 31, 1982, 96 Stat. 2007; Pub. L. 100-707,

title II, Sec. 204(b), Nov. 23, 1988, 102 Stat. 4713; Pub. L.

101-591, Sec. 3, Nov. 16, 1990, 104 Stat. 2931; Pub. L. 106-167,

Sec. 3(c)(3), Dec. 9, 1999, 113 Stat. 1804; Pub. L. 106-514, Sec.

2-3(b)(1), (c), (d), Nov. 13, 2000, 114 Stat. 2394, 2395.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (e)(1), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-COD-

CODIFICATION

The text of section 4(d) of Pub. L. 101-591, which was

transferred and redesignated so as to appear as subsec. (e) of this

section and amended by Pub. L. 106-514, was based on Pub. L.

101-591, Sec. 4(d), Nov. 16, 1990, 104 Stat. 2933, formerly

included in a note set out under this section.

-MISC3-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-514, Sec. 3(d), substituted

''which shall consist of those undeveloped coastal barriers and

other areas located on the coasts of the United States that are

identified and generally depicted on the maps on file with the

Secretary entitled 'Coastal Barrier Resources System', dated

October 24, 1990, as those maps may be modified, revised, or

corrected under - '' and pars. (1) to (3) for ''which shall consist

of those undeveloped coastal barriers and other areas located on

the coasts of the United States that are identified and generally

depicted on the maps on file with the Secretary entitled 'Coastal

Barrier Resources System', dated October 24, 1990, as such maps may

be revised by the Secretary under section 4 of the Coastal Barrier

Improvement Act of 1990.''

Subsec. (d). Pub. L. 106-514, Sec. 3(a), added subsec. (d).

Subsec. (e). Pub. L. 106-514, Sec. 3(b)(1), transferred and

redesignated the text of section 4(d) of Pub. L. 101-591 so as to

appear as subsec. (e) of this section, in par. (1), substituted

''180'' for ''one hundred and eighty'' in introductory provisions

and struck out ''shall'' before ''publish'' in subpar. (B), in par.

(2), substituted ''paragraph (1)(B)'' for ''subsection (d)(1)(B)'',

and struck out par. (3), which required revision of maps as soon as

practicable after a unit was added to the System. See Codification

note above.

Subsec. (f). Pub. L. 106-514, Sec. 3(c), added subsec. (f).

Subsec. (g). Pub. L. 106-514, Sec. 2, added subsec. (g).

1999 - Pub. L. 106-167, Sec. 3(c)(3)(A), substituted ''John H.

Chafee Coastal Barrier Resources System'' for ''Coastal Barrier

Resources System'' in section catchline.

Subsec. (a). Pub. L. 106-167, Sec. 3(c)(3)(B), substituted ''the

John H. Chafee Coastal Barrier Resources System'' for ''the Coastal

Barrier Resources System''.

1990 - Pub. L. 101-591 amended section generally, substituting

provisions relating to establishment of Coastal Barrier Resources

System consisting of undeveloped coastal barriers and other areas

on United States coasts identified on maps entitled ''Coastal

Barrier Resources System'' dated Oct. 24, 1990, as maintained and

revised by the Secretary, for provisions which related to Coastal

Barrier Resources System consisting of undeveloped coastal barriers

on the Atlantic and Gulf Coasts of the United States and included

within the System on Apr. 19, 1983, and undeveloped coastal

barriers along Great Lakes shore areas to be recommended by the

Secretary and so designated by Congress, with maps to be revised by

the Secretary and maintained by Office of Director of United States

Fish and Wildlife Service.

1988 - Pub. L. 100-707 amended section generally to provide that

the Coastal Barrier Resources System include those undeveloped

coastal barriers located on the Atlantic and Gulf Coasts of the

United States and included within the System on Apr. 19, 1983, and

the Great Lakes barriers, to make all System maps available to

public inspection, and to revise and update provisions for making

boundary modifications.

1982 - Subsec. (a)(1). Pub. L. 97-396 inserted ''(but excluding

maps T02 and T03)'' after ''A01 through T12'', and ''and the maps

designated T02A and T03A, dated December 8, 1982'' after ''and

dated September 30, 1982''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC5-

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.

-CROSS-

DEFINITIONS

Section 12 of Pub. L. 101-591, as amended by Pub. L. 106-167,

Sec. 3(c)(6), Dec. 9, 1999, 113 Stat. 1804, provided that: ''For

purposes of this Act (see Short Title of 1990 Amendment note set

out under section 3501 of this title) -

''(1) the term 'undeveloped coastal barrier' means -

''(A) a depositional geologic feature (such as a bay barrier,

tombolo, barrier spit, or barrier island) that -

''(i) is subject to wave, tidal, and wind energies, and

''(ii) protects landward aquatic habitats from direct wave

attack; and

''(B) all associated aquatic habitats including the adjacent

wetlands, marshes, estuaries, inlets, and nearshore waters;

but only if such features and associated habitats contain few

manmade structures and these structures, and man's activities on

such features and within such habitats, do not significantly impede

geomorphic and ecological processes.

''(2) the term 'otherwise protected area' means an undeveloped

coastal barrier within the boundaries of an area established

under Federal, State, or local law, or held by a qualified

organization, primarily for wildlife refuge, sanctuary,

recreational, or natural resource conservation purposes;

''(3) the term 'qualified organization' means such an

organization under section 170(h)(3) of the Internal Revenue Code

of 1986 (26 U.S.C. 170(h)(3));

''(4) the term 'Secretary' means the Secretary of the Interior;

and

''(5) the term 'System' means the John H. Chafee Coastal

Barrier Resources System established by the Coastal Barrier

Resources Act (16 U.S.C. 3501 et seq.), as amended by this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3502, 3504, 3505 of this

title; title 42 section 4028.

-CITE-

16 USC Sec. 3504 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-

Sec. 3504. Limitations on Federal expenditures affecting the System

-STATUTE-

(a) Construction or purchase of structure, facility, road, airport,

etc.; projects to prevent erosion; exceptions

Except as provided in section 3505 of this title, no new

expenditures or new financial assistance may be made available

under authority of any Federal law for any purpose within the

System, including, but not limited to -

(1) the construction or purchase of any structure,

appurtenance, facility, or related infrastructure;

(2) the construction or purchase of any road, airport, boat

landing facility, or other facility on, or bridge or causeway to,

any System unit; and

(3) the carrying out of any project to prevent the erosion of,

or to otherwise stabilize, any inlet, shoreline, or inshore area,

except that such assistance and expenditures may be made

available on units designated pursuant to section 3503 of this

title on maps numbered S01 through S08 and LA07 for purposes

other than encouraging development and, in all units, in cases

where an emergency threatens life, land, and property immediately

adjacent to that unit.

(b) New expenditures or new financial assistance

An expenditure or financial assistance made available under

authority of Federal law shall, for purposes of this chapter, be a

new expenditure or new financial assistance if -

(1) in any case with respect to which specific appropriations

are required, no money for construction or purchase purposes was

appropriated before the date on which the relevant System unit or

portion of the System unit was included within the System under

this chapter or the Coastal Barrier Improvement Act of 1990; or

(2) no legally binding commitment for the expenditure or

financial assistance was made before such date.

-SOURCE-

(Pub. L. 97-348, Sec. 5, Oct. 18, 1982, 96 Stat. 1656; Pub. L.

101-591, Sec. 2(b)(2), 5(c), Nov. 16, 1990, 104 Stat. 2931, 2936.)

-REFTEXT-

REFERENCES IN TEXT

The Coastal Barrier Improvement Act of 1990, referred to in

subsec. (b)(1), is Pub. L. 101-591, Nov. 16, 1990, 104 Stat. 2931,

which enacted section 1441a-3 of Title 12, Banks and Banking,

amended sections 3502 to 3506 and 3510 of this title and section

4028 of Title 42, The Public Health and Welfare, enacted provisions

set out as notes under section 3503 of this title, and repealed

provisions set out as a note under section 3505 of this title. For

complete classification of this Act to the Code, see Short Title of

1990 Amendment note set out under section 3501 of this title and

Tables.

-MISC2-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-591, Sec. 2(b)(2)(A), in

introductory provisions substituted ''the System'' for ''the

Coastal Barrier Resources System''.

Subsec. (a)(3). Pub. L. 101-591, Sec. 5(c), substituted ''through

S08 and LA07'' for ''through S08''.

Subsec. (b)(1). Pub. L. 101-591, Sec. 2(b)(2)(B), substituted

''on which the relevant System unit or portion of the System unit

was included within the System under this chapter or the Coastal

Barrier Improvement Act of 1990'' for ''of the enactment of this

Act''.

Subsec. (b)(2). Pub. L. 101-591, Sec. 2(b)(2)(C), struck out ''of

enactment'' after ''before such date''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3505 of this title.

-CITE-

16 USC Sec. 3505 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-

Sec. 3505. Exceptions to limitations on expenditures

-STATUTE-

(a) In general

Notwithstanding section 3504 of this title, the appropriate

Federal officer, after consultation with the Secretary, may make

Federal expenditures and may make financial assistance available

within the System for the following:

(1) Any use or facility necessary for the exploration,

extraction, or transportation of energy resources which can be

carried out only on, in, or adjacent to a coastal water area

because the use or facility requires access to the coastal water

body.

(2) The maintenance or construction of improvements of existing

Federal navigation channels (including the Intracoastal Waterway)

and related structures (such as jetties), including the disposal

of dredge materials related to such maintenance or construction.

(3) The maintenance, replacement, reconstruction, or repair,

but not the expansion, of publicly owned or publicly operated

roads, structures, or facilities that are essential links in a

larger network or system.

(4) Military activities essential to national security.

(5) The construction, operation, maintenance, and

rehabilitation of Coast Guard facilities and access thereto.

(6) Any of the following actions or projects, if a particular

expenditure or the making available of particular assistance for

the action or project is consistent with the purposes of this

chapter:

(A) Projects for the study, management, protection, and

enhancement of fish and wildlife resources and habitats,

including acquisition of fish and wildlife habitats and related

lands, stabilization projects for fish and wildlife habitats,

and recreational projects.

(B) Establishment, operation, and maintenance of air and

water navigation aids and devices, and for access thereto.

(C) Projects under the Land and Water Conservation Fund Act

of 1965 (16 U.S.C. 460l-4 through 11) and the Coastal Zone

Management Act of 1972 (16 U.S.C. 1451 et seq.).

(D) Scientific research, including aeronautical, atmospheric,

space, geologic, marine, fish and wildlife, and other research,

development, and applications.

(E) Assistance for emergency actions essential to the saving

of lives and the protection of property and the public health

and safety, if such actions are performed pursuant to sections

5170a, 5170b, and 5192 of title 42 and section 1362 (FOOTNOTE

1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4103)

and are limited to actions that are necessary to alleviate the

emergency.

(FOOTNOTE 1) See References in Text note below.

(F) Maintenance, replacement, reconstruction, or repair, but

not the expansion (except with respect to United States route 1

in the Florida Keys), of publicly owned or publicly operated

roads, structures, and facilities.

(G) Nonstructural projects for shoreline stabilization that

are designed to mimic, enhance, or restore a natural

stabilization system.

(b) Existing Federal navigation channels

For purposes of subsection (a)(2) of this section, a Federal

navigation channel or a related structure is an existing channel or

structure, respectively, if it was authorized before the date on

which the relevant System unit or portion of the System unit was

included within the System.

(c) Expansion of highways in Michigan

The limitations on the use of Federal expenditures or financial

assistance within the System under subsection (a)(3) of this

section shall not apply to a highway -

(1) located in a unit of the System in Michigan; and

(2) in existence on November 16, 1990.

(d) Services and facilities outside System

(1) In general

Except as provided in paragraphs (2) and (3) of this

subsection, limitations on the use of Federal expenditures or

financial assistance within the System under section 3504 of this

title shall not apply to expenditures or assistance provided for

services or facilities and related infrastructure located outside

the boundaries of unit T-11 of the System (as depicted on the

maps referred to in section 3503(a) of this title) which relate

to an activity within that unit.

(2) Prohibition of flood insurance coverage

No new flood insurance coverage may be provided under the

National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) for

any new construction or substantial improvements relating to

services or facilities and related infrastructure located outside

the boundaries of unit T-11 of the System that facilitate an

activity within that unit that is not consistent with the

purposes of this chapter.

(3) Prohibition of HUD assistance

(A) In general

No financial assistance for acquisition, construction, or

improvement purposes may be provided under any program

administered by the Secretary of Housing and Urban Development

for any services or facilities and related infrastructure

located outside the boundaries of unit T-11 of the System that

facilitate an activity within that unit that is not consistent

with the purposes of this chapter.

(B) ''Financial assistance'' defined

For purposes of this paragraph, the term ''financial

assistance'' includes any contract, loan, grant, cooperative

agreement, or other form of assistance, including the insurance

or guarantee of a loan, mortgage, or pool of mortgages.

-SOURCE-

(Pub. L. 97-348, Sec. 6, Oct. 18, 1982, 96 Stat. 1656; Pub. L.

100-707, title I, Sec. 109(h), Nov. 23, 1988, 102 Stat. 4709; Pub.

L. 101-591, Sec. 5(a), Nov. 16, 1990, 104 Stat. 2934.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Fund Act of 1965, referred to in

subsec. (a)(6)(C), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897,

as amended, which is classified generally to part B (Sec. 460l-4 et

seq.) of subchapter LXIX of chapter 1 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 460l-4 of this title and Tables.

The Coastal Zone Management Act of 1972, referred to in subsec.

(a)(6)(C), is title III of Pub. L. 89-454, as added by Pub. L.

92-583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is

classified generally to chapter 33 (Sec. 1451 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1451 of this title and

Tables.

Section 1362 of the National Flood Insurance Act of 1968 (42

U.S.C. 4103), referred to in subsec. (a)(6)(E), was repealed by

Pub. L. 103-325, title V, Sec. 551(a), Sept. 23, 1994, 108 Stat.

2269.

The National Flood Insurance Act of 1968, referred to in subsec.

(d)(2), is title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat.

572, as amended, which is classified principally to chapter 50

(Sec. 4001 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 4001 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1990 - Pub. L. 101-591 amended section generally, substituting

substantially similar provisions in subsec. (a), substituting ''a

Federal navigation channel or a related structure is an existing

channel or structure, respectively, if it was authorized before the

date on which the relevant System unit or portion of the System

unit was included within the System'' for ''a channel improvement

or a related structure shall be treated as an existing improvement

or an existing related structure only if all, or a portion, of the

moneys for such improvement or structure was appropriated before

October 18, 1982'' in subsec. (b), and adding subsecs. (c) and (d).

1988 - Subsec. (a)(6)(E). Pub. L. 100-707 substituted reference

to sections 5170a, 5170b, and 5192 of title 42 for reference to

sections 5145 and 5146 of title 42.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 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.

-MISC5-

EXPANSION OF HIGHWAYS IN MICHIGAN

Section 204(d) of Pub. L. 100-707 exempted existing highways in

Michigan from limitations on the use of Federal expenditures or

financial assistance within the Coastal Barrier Resources System

under 16 U.S.C. 3505(a)(3) if the Congress added new units to the

Coastal Barrier Resources System under 16 U.S.C. 3503, and those

units included portions of United States or State highways in the

State of Michigan, prior to repeal by Pub. L. 101-591, Sec. 5(b),

Nov. 16, 1990, 104 Stat. 2936. See section 3505(c) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3504 of this title.

-CITE-

16 USC Sec. 3506 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-

Sec. 3506. Certification of compliance

-STATUTE-

(a) Regulations

Not later than 12 months after November 16, 1990, the head of

each Federal agency affected by this chapter shall promulgate

regulations to assure compliance with the provisions of this

chapter.

(b) Certification

The head of each Federal agency affected by this chapter shall

report and certify that each such agency is in compliance with the

provisions of this chapter. Such reports and certifications shall

be submitted annually to the Committees and the Secretary.

-SOURCE-

(Pub. L. 97-348, Sec. 7, Oct. 18, 1982, 96 Stat. 1657; Pub. L.

101-591, Sec. 14, Nov. 16, 1990, 104 Stat. 2941.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-591 amended section generally. Prior to

amendment, section read as follows: ''The Director of the Office of

Management and Budget shall, on behalf of each Federal agency

concerned, make written certification that each such agency has

complied with the provisions of this chapter during each fiscal

year beginning after September 30, 1982. Such certification shall

be submitted on an annual basis to the House of Representatives and

the Senate pursuant to the schedule required under the

Congressional Budget and Impoundment Control Act of 1974.''

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section relating to annually submitting reports and

certifications to the Committee on Resources of the House of

Representatives and the Committee on Environment and Public Works

of the Senate, see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance,

and page 42 of House Document No. 103-7.

-CITE-

16 USC Sec. 3507 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-

Sec. 3507. Priority of laws

-STATUTE-

Nothing contained in this chapter shall be construed as

indicating an intent on the part of the Congress to change the

existing relationship of other Federal laws to the law of a State,

or a political subdivision of a State, or to relieve any person of

any obligation imposed by any law of any State, or political

subdivision of a State. No provision of this chapter shall be

construed to invalidate any provision of State or local law unless

there is a direct conflict between such provision and the law of

the State, or political subdivision of the State, so that the two

cannot be reconciled or consistently stand together. This chapter

shall in no way be interpreted to interfere with a State's right to

protect, rehabilitate, preserve, and restore lands within its

established boundary.

-SOURCE-

(Pub. L. 97-348, Sec. 8, Oct. 18, 1982, 96 Stat. 1658.)

-CITE-

16 USC Sec. 3508 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-

Sec. 3508. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstance is held invalid, the remainder of the

chapter and the application of such provision to other persons not

similarly situated or to other circumstances shall not be affected

thereby.

-SOURCE-

(Pub. L. 97-348, Sec. 9, Oct. 18, 1982, 96 Stat. 1658.)

-CITE-

16 USC Sec. 3509 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-

Sec. 3509. Repealed. Pub. L. 106-514, Sec. 4(a)(3), Nov. 13, 2000,

114 Stat. 2396

-MISC1-

Section, Pub. L. 97-348, Sec. 10, Oct. 18, 1982, 96 Stat. 1658;

Pub. L. 106-167, Sec. 3(c)(4), Dec. 9, 1999, 113 Stat. 1804,

required report to Congress before the close of the 3-year period

beginning on Oct. 18, 1982.

-CITE-

16 USC Sec. 3510 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 55 - COASTAL BARRIER RESOURCES

-HEAD-

Sec. 3510. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to the Secretary to carry

out this chapter $2,000,000 for each of fiscal years 2001, 2002,

2003, 2004, and 2005.

-SOURCE-

(Pub. L. 97-348, Sec. 10, formerly Sec. 12, Oct. 18, 1982, 96 Stat.

1659; Pub. L. 101-591, Sec. 13(a), Nov. 16, 1990, 104 Stat. 2941;

Pub. L. 103-461, Sec. 1(c), Nov. 2, 1994, 108 Stat. 4804;

renumbered Sec. 10 and amended Pub. L. 106-514, Sec. 5, Nov. 13,

2000, 114 Stat. 2396.)

-MISC1-

PRIOR PROVISIONS

A prior section 10 of Pub. L. 97-348 was classified to section

3509 of this title prior to repeal by Pub. L. 106-514.

AMENDMENTS

2000 - Pub. L. 106-514 amended section generally. Prior to

amendment, section read as follows: ''There are authorized to be

appropriated to the Secretary for carrying out this chapter

$2,000,000 for each of fiscal years 1995 to 1998.''

1994 - Pub. L. 103-461 amended section generally. Prior to

amendment, section read as follows: ''There is authorized to be

appropriated to the Secretary for carrying out this chapter not

more than $1,000,000 for each of the fiscal years 1990, 1991, 1992,

and 1993.''

1990 - Pub. L. 101-591 amended section generally. Prior to

amendment, section read as follows: ''There is authorized to be

appropriated to the Department of the Interior $1,000,000 for the

period beginning October 1, 1982, and ending September 30, 1985,

for purposes of carrying out sections 3503 and 3509 of this

title.''

-CITE-