Establishment of John H. Chafee Coastal Barrier Resources System
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
subsection (f)(3) of this section;
section 4 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101–591); or
any other provision of law enacted on or after
System maps
Boundary review and modification
Additions to System
The Secretary may add a parcel of real property to the System, if—
the owner of the parcel requests, in writing, that the Secretary add the parcel to the System; and
the parcel is an undeveloped coastal barrier.
Addition of excess Federal property
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 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—
prepare a map depicting the undeveloped coastal barrier portion of such property; and
publish in the Federal Register notice of the addition of such property to the System.
Effective date of inclusion
Maps
The Secretary shall—
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;
provide a copy of the map to—
the State and unit of local government in which the property is located;
the Committees; and
the Federal Emergency Management Agency; and
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.
Guidelines for certain recommendations and determinations
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—
the density of development is less than 1 structure per 5 acres of land above mean high tide; and
there is existing infrastructure consisting of—
a road, with a reinforced road bed, to each lot or building site in the area;
a wastewater disposal system sufficient to serve each lot or building site in the area;
electric service for each lot or building site in the area; and
a fresh water supply for each lot or building site in the area.
Structure defined
In paragraph (1), the term “structure” means a walled and roofed building, other than a gas or liquid storage tank, that—
is principally above ground and affixed to a permanent site, including a manufactured home on a permanent foundation; and
covers an area of at least 200 square feet.
Savings clause
Source
(Pub. L. 97–348, § 4,Notes
Codification
Amendments
Transfer of Functions
Coastal Barrier Resources Reauthorization
SHORT TITLE.
DEFINITIONS.
“In this Act:
Otherwise protected area.—
The term ‘otherwise protected area’ has the meaning given the term in section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101–591).
Pilot project.—
The term ‘pilot project’ means the digital mapping pilot project authorized under section 6 of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note; Public Law 106–514).
Secretary.—
The term ‘Secretary’ means the Secretary of the Interior.
System unit.—
The term ‘System unit’ has the meaning given the term in section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502).
DIGITAL MAPPING PILOT PROJECT FINALIZATION.
In General.—
Not later than 2 years after the date of enactment of this Act [
Consultation.—
The Secretary shall prepare the report required under subsection (a)—
in consultation with the Governors of the States in which any System units and otherwise protected areas are located; and
after—
providing an opportunity for the submission of public comments; and
considering any public comments submitted under subparagraph (A).
Contents.—
The report required under subsection (a) shall contain—
the final recommended digital maps created under the pilot project;
recommendations for the adoption of the digital maps by Congress;
a summary of the comments received from the Governors of the States, other government officials, and the public regarding the digital maps;
a summary and update of the protocols and findings of the report required under section 6(d) of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note; Public Law 106–514); and
an analysis of any benefits that the public would receive by using digital mapping technology for all System units and otherwise protected areas.
Authorization of Appropriations.—
There is authorized to be appropriated to the Secretary to carry out this section $500,000 for each of fiscal years 2006 through 2007.
DIGITAL MAPPING PROJECT FOR THE REMAINING JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM UNITS AND OTHERWISE PROTECTED AREAS.
In General.—
The Secretary shall carry out a project to create digital versions of all of the John H. Chafee Coastal Barrier Resources System maps referred to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)), including maps of otherwise protected areas, that were not included in the pilot project.
Data.—
Use of existing data.—
To the maximum extent practicable, in carrying out the project under this section, the Secretary shall use any digital spatial data in the possession of Federal, State, and local agencies, including digital orthophotos, color infrared photography, wetlands data, and property parcel data.
Provision of data by other agencies.—
The head of a Federal agency that possesses any data referred to in paragraph (1) shall, on request of the Secretary, promptly provide the data to the Secretary at no cost.
Provision of data by non-federal agencies.—
State and local agencies and any other non-Federal entities that possess data referred to in paragraph (1) are encouraged, on request of the Secretary, to promptly provide the data to the Secretary at no cost.
Additional data.—
If the Secretary determines that any data necessary to carry out the project under this section does not exist, the Director of the United States Fish and Wildlife Service shall enter into an agreement with the Director of the United States Geological Survey under which the United States Geological Survey, in cooperation with the heads of other Federal agencies, as appropriate, shall obtain and provide to the Director of the United States Fish and Wildlife Service the data required to carry out this section.
Data standards.—
All data used or created to carry out this section shall comply with—
the National Spatial Data Infrastructure established by Executive Order No. 12906 (59 Fed. Reg. 17671) [43 U.S.C. 1457 note]; and
any other standards established by the Federal Geographic Data Committee established by the Office of Management and Budget circular numbered A–16.
Report.—
In general.—
Not later than 5 years after the submission of the report under section 3(a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives a report regarding the digital maps created under this section.
Consultation.—
The Secretary shall prepare the report required under paragraph (1)—
in consultation with the Governors of the States in which the System units and otherwise protected areas are located; and
after—
providing an opportunity for the submission of public comments; and
considering any public comments submitted under clause (i).
Contents.—
The report required under paragraph (1) shall contain—
a description of the extent to which the boundary lines on the digital maps differ from the boundary lines on the original maps;
a summary of the comments received from Governors, other government officials, and the public regarding the digital maps created under this section;
recommendations for the adoption of the digital maps created under this section by Congress;
recommendations for expansion of the John H. Chafee Coastal Barrier Resources System and otherwise protected areas, as in existence on the date of enactment of this Act [
a summary and update on the implementation and use of the digital maps created under the pilot project; and
a description of the feasibility of, and the amount of funding necessary for—
making all of the System unit and otherwise protected area maps available to the public in digital format; and
facilitating the integration of digital System unit and otherwise protected area boundaries into Federal, State, and local planning tools.
Authorization of Appropriations.—
There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2006 through 2010.
AUTHORIZATION OF APPROPRIATIONS.”
Digital Mapping Pilot Project
In General.—
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)).
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’), ⅓ 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)).
Data.—
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.
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.
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.
Data standards.—
All data used or created to carry out this section shall comply with—
the National Spatial Data Infrastructure established by Executive Order 12906 (59 Fed. Reg. 17671 (
any other standards established by the Federal Geographic Data Committee established by Office of Management and Budget Circular A–16.
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.
Report.—
In general.—
Not later than 3 years after the date of enactment of this Act [
Contents.—
The report shall include a description of—
the cooperative agreements that would be necessary to complete digital mapping of the entire System;
the extent to which the data necessary to complete digital mapping of the entire System are available;
the need for additional data to complete digital mapping of the entire System;
the extent to which the boundary lines on the digital maps differ from the boundary lines on the original maps; and
the amount of funding necessary to complete digital mapping of the entire System.
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
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;
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;
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;
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;
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
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
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’.
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
Correction of Errors in Maps; Modification of Boundaries; Additions to System
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 [
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
provide copies of the maps, as so revised, to—
each State and each local government in which is located a unit of the System;
the coastal zone management agency of each State—
in which is located a unit of the System; and
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
appropriate Federal agencies.
Recommendations of State and Local Governments for Boundary Modifications.—
Not later than 1 year after the date of the enactment of this Act [
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
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.
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.
Elections to Add to System.—
Provision of maps by secretary.—
Not later than 180 days after the date of the enactment of this Act [
to each local government in which is located an undeveloped coastal barrier not included within the System; and
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.
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—
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;
shall notify the Secretary of that election; and
shall submit to the Secretary a map depicting the area, if—
the area (or portion) is not depicted on a map provided by the Secretary under paragraph (1); or
the local government, State, or qualified organization was not provided maps under paragraph (1).
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.
Redesignated section 3503(e) of this title.]
Modification of Boundaries, Revision of Maps, and Publication of Notice.—
In general.—
Not later than 2 years after the date of the enactment of this Act [
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;
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 those modifications; and
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
shall publish in the Federal Register notice of each such modification or election.
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
Report Regarding Coastal Barrier Management
Definitions
the term ‘undeveloped coastal barrier’ means—
a depositional geologic feature (such as a bay barrier, tombolo, barrier spit, or barrier island) that—
is subject to wave, tidal, and wind energies, and
protects landward aquatic habitats from direct wave attack; and
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.
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;
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));
the term ‘Secretary’ means the Secretary of the Interior; and
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.”