PUBLIC LAW 106–514—NOV. 13, 2000

COASTAL BARRIER RESOURCES

REAUTHORIZATION ACT OF 2000

114 STAT. 2394 PUBLIC LAW 106–514—NOV. 13, 2000

Public Law 106–514

106th Congress

An Act

To reauthorize and amend the Coastal Barrier Resources Act.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Coastal Barrier Resources

Reauthorization Act of 2000’’.

SEC. 2. GUIDELINES FOR CERTAIN RECOMMENDATIONS AND DETERMINATIONS.

Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503),

as otherwise amended by this Act, is further amended by adding

at the end the following:

‘‘(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).’’.

Coastal Barrier

Resources

Reauthorization

Act of 2000.

16 USC 3501

note.

Nov. 13, 2000

[S. 1752]

PUBLIC LAW 106–514—NOV. 13, 2000 114 STAT. 2395

SEC. 3. VOLUNTARY ADDITIONS TO JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM.

(a) IN GENERAL.—Section 4 of the Coastal Barrier Resources

Act (16 U.S.C. 3503) is amended by inserting after subsection

(c) the following: ‘‘(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.’’. (b) TECHNICAL AMENDMENTS RELATING TO ADDITIONS OF

EXCESS PROPERTY.— (1) IN GENERAL.—Section 4(d) of the Coastal Barrier

Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law

101–591)—

(A) is redesignated and moved so as to appear as

subsection (e) of section 4 of the Coastal Barrier Resources

Act (16 U.S.C. 3503); and

(B) is amended— (i) in paragraph (1)— (I) by striking ‘‘one hundred and eighty’’ and

inserting ‘‘180’’; and

(II) in subparagraph (B), by striking ‘‘shall’’;

and

(ii) in paragraph (2), by striking ‘‘subsection

(d)(1)(B)’’ and inserting ‘‘paragraph (1)(B)’’; and

(iii) by striking paragraph (3).

(2) CONFORMING AMENDMENTS.—Section 4 of the Coastal

Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public

Law 101–591) is amended—

(A) in subsection (b)(2), by striking ‘‘subsection (d) of

this section’’ and inserting ‘‘section 4(e) of the Coastal Barrier Resources Act (16 U.S.C. 3503(e))’’; and

(B) by striking subsection (f).

(c) ADDITIONS TO SYSTEM.—Section 4 of the Coastal Barrier

Resources Act (16 U.S.C. 3503) is further amended by inserting

after subsection (e) (as added by subsection (b)(1)) the following:

‘‘(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 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) 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.’’.

(d) CONFORMING AMENDMENT.—Section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)) is amended by striking

Federal Register,

publication.

114 STAT. 2396 PUBLIC LAW 106–514—NOV. 13, 2000

‘‘which shall consist of’’ and all that follows and inserting the

following: ‘‘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);

‘‘(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.’’.

SEC. 4. CLERICAL AMENDMENTS.

(a) COASTAL BARRIER RESOURCES ACT.—The Coastal Barrier

Resources Act (16 U.S.C. 3501 et seq.) is amended— (1) in section 3(2) (16 U.S.C. 3502(2)), by striking ‘‘refers

to the Committee on Merchant Marine and Fisheries’’ and

inserting ‘‘means the Committee on Resources’’;

(2) in section 3(3) (16 U.S.C. 3502(3)), in the matter following subparagraph (D), by striking ‘‘Effective October 1, 1983,

such’’ and inserting ‘‘Such’’; and

(3) by repealing section 10 (16 U.S.C. 3509).

(b) COASTAL BARRIER IMPROVEMENT ACT OF 1990.—Section 8

of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503

note; Public Law 101–591) is repealed.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

Section 12 of the Coastal Barrier Resources Act (16 U.S.C.

3510) is redesignated as section 10, moved to appear after section

9, and amended to read as follows:

‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

‘‘There is authorized to be appropriated to the Secretary to

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

2003, 2004, and 2005.’’.

SEC. 6. DIGITAL MAPPING PILOT PROJECT.

(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,

16 USC 3503

note.

PUBLIC LAW 106–514—NOV. 13, 2000 114 STAT. 2397

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)); 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, 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.

SEC. 7. ECONOMIC ASSESSMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, 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.

Deadline.

16 USC 3501

note.

Deadline.

114 STAT. 2398 PUBLIC LAW 106–514—NOV. 13, 2000

LEGISLATIVE HISTORY—S. 1752 (H.R. 1431):

HOUSE REPORTS: No. 106–218 accompanying H.R. 1431 (Comm. on Resources).

SENATE REPORTS: No. 106–252 (Comm. on Environment and Public Works).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Sept. 27, considered and passed Senate.

Oct. 24, considered and passed House.

Æ

(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.

Approved November 13, 2000.