106TH CONGRESS

2D SESSION S. 1752

AN ACT

To reauthorize and amend the Coastal Barrier Resources

Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coastal Barrier Re5 sources Reauthorization Act of 2000’’.
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1 SEC. 2. GUIDELINES FOR CERTAIN RECOMMENDATIONS

2 AND DETERMINATIONS.

3 Section 4 of the Coastal Barrier Resources Act (16

4 U.S.C. 3503), as otherwise amended by this Act, is further

5 amended by adding at the end the following:

6 ‘‘(g) GUIDELINES FOR CERTAIN RECOMMENDATIONS

7 AND DETERMINATIONS.—

8 ‘‘(1) IN GENERAL.—In making any rec9 ommendation to the Congress regarding the addition

10 of any area to the System or in determining wheth11 er, at the time of the inclusion of a System unit

12 within the System, a coastal barrier is undeveloped,

13 the Secretary shall consider whether within the

14 area—

15 ‘‘(A) the density of development is less

16 than 1 structure per 5 acres of land above

17 mean high tide; and

18 ‘‘(B) there is existing infrastructure con19 sisting of—

20 ‘‘(i) a road, with a reinforced road

21 bed, to each lot or building site in the

22 area;

23 ‘‘(ii) a wastewater disposal system

24 sufficient to serve each lot or building site

25 in the area;
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1 ‘‘(iii) electric service for each lot or

2 building site in the area; and

3 ‘‘(iv) a fresh water supply for each lot

4 or building site in the area.

5 ‘‘(2) STRUCTURE DEFINED.—In paragraph (1),

6 the term ‘structure’ means a walled and roofed

7 building, other than a gas or liquid storage tank,

8 that—

9 ‘‘(A) is principally above ground and af10 fixed to a permanent site, including a manufac11 tured home on a permanent foundation; and

12 ‘‘(B) covers an area of at least 200 square

13 feet.

14 ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub15 section supersedes the official maps referred to in

16 subsection (a).’’.

17 SEC. 3. VOLUNTARY ADDITIONS TO JOHN H. CHAFEE

18 COASTAL BARRIER RESOURCES SYSTEM.

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

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

21 after subsection (c) the following:

22 ‘‘(d) ADDITIONS TO SYSTEM.—The Secretary may

23 add a parcel of real property to the System, if—
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1 ‘‘(1) the owner of the parcel requests, in writ2 ing, that the Secretary add the parcel to the System;

3 and

4 ‘‘(2) the parcel is an undeveloped coastal bar5 rier.’’.

6 (b) TECHNICAL AMENDMENTS RELATING TO ADDI7 TIONS OF EXCESS PROPERTY.—

8 (1) IN GENERAL.—Section 4(d) of the Coastal

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

10 note; Public Law 101–591)—

11 (A) is redesignated and moved so as to ap12 pear as subsection (e) of section 4 of the Coast13 al Barrier Resources Act (16 U.S.C. 3503); and

14 (B) is amended—

15 (i) in paragraph (1)—

16 (I) by striking ‘‘one hundred and

17 eighty’’ and inserting ‘‘180’’; and

18 (II) in subparagraph (B), by

19 striking ‘‘shall’’; and

20 (ii) in paragraph (2), by striking

21 ‘‘subsection (d)(1)(B)’’ and inserting

22 ‘‘paragraph (1)(B)’’; and

23 (iii) by striking paragraph (3).

24 (2) CONFORMING AMENDMENTS.—Section 4 of

25 the Coastal Barrier Improvement Act of 1990 (16
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1 U.S.C. 3503 note; Public Law 101–591) is

2 amended—

3 (A) in subsection (b)(2), by striking ‘‘sub4 section (d) of this section’’ and inserting ‘‘sec5 tion 4(e) of the Coastal Barrier Resources Act

6 (16 U.S.C. 3503(e))’’; and

7 (B) by striking subsection (f).

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

9 Barrier Resources Act (16 U.S.C. 3503) is further amend10 ed by inserting after subsection (e) (as added by sub11 section (b)(1)) the following:

12 ‘‘(f) MAPS.—The Secretary shall—

13 ‘‘(1) keep a map showing the location of each

14 boundary modification made under subsection (c)

15 and of each parcel of real property added to the Sys16 tem under subsection (d) or (e) on file and available

17 for public inspection in the Office of the Director of

18 the United States Fish and Wildlife Service and in

19 such other offices of the Service as the Director con20 siders appropriate;

21 ‘‘(2) provide a copy of the map to—

22 ‘‘(A) the State and unit of local govern23 ment in which the property is located;

24 ‘‘(B) the Committees; and
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1 ‘‘(C) the Federal Emergency Management

2 Agency; and

3 ‘‘(3) revise the maps referred to in subsection

4 (a) to reflect each boundary modification under sub5 section (c) and each addition of real property to the

6 System under subsection (d) or (e), after publishing

7 in the Federal Register a notice of any such pro8 posed revision.’’.

9 (d) CONFORMING AMENDMENT.—Section 4(a) of the

10 Coastal Barrier Resources Act (16 U.S.C. 3503(a)) is

11 amended by striking ‘‘which shall consist of’’ and all that

12 follows and inserting the following: ‘‘which shall consist

13 of those undeveloped coastal barriers and other areas lo14 cated on the coasts of the United States that are identified

15 and generally depicted on the maps on file with the Sec16 retary entitled ‘Coastal Barrier Resources System’, dated

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

18 or corrected under—

19 ‘‘(1) subsection (f)(3);

20 ‘‘(2) section 4 of the Coastal Barrier Improve21 ment Act of 1990 (16 U.S.C. 3503 note; Public Law

22 101–591); or

23 ‘‘(3) any other provision of law enacted on or

24 after November 16, 1990, that specifically author25 izes the modification, revision, or correction.’’.
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1 SEC. 4. CLERICAL AMENDMENTS.

2 (a) COASTAL BARRIER RESOURCES ACT.—The

3 Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)

4 is amended—

5 (1) in section 3(2) (16 U.S.C. 3502(2)), by

6 striking ‘‘refers to the Committee on Merchant Ma7 rine and Fisheries’’ and inserting ‘‘means the Com8 mittee on Resources’’;

9 (2) in section 3(3) (16 U.S.C. 3502(3)), in the

10 matter following subparagraph (D), by striking ‘‘Ef11 fective October 1, 1983, such’’ and inserting

12 ‘‘Such’’; and

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

14 (b) COASTAL BARRIER IMPROVEMENT ACT OF

15 1990.—Section 8 of the Coastal Barrier Improvement Act

16 of 1990 (16 U.S.C. 3503 note; Public Law 101–591) is

17 repealed.

18 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

19 Section 12 of the Coastal Barrier Resources Act (16

20 U.S.C. 3510) is redesignated as section 10, moved to ap21 pear after section 9, and amended to read as follows:

22 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘There is authorized to be appropriated to the Sec24 retary to carry out this Act $2,000,000 for each of fiscal

25 years 2001, 2002, 2003, 2004, and 2005.’’.
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1 SEC. 6. DIGITAL MAPPING PILOT PROJECT.

2 (a) IN GENERAL.—

3 (1) PROJECT.—The Secretary of the Interior

4 (referred to in this section as the ‘‘Secretary’’), in

5 consultation with the Director of the Federal Emer6 gency Management Agency, shall carry out a pilot

7 project to determine the feasibility and cost of cre8 ating digital versions of the John H. Chafee Coastal

9 Barrier Resources System maps referred to in sec10 tion 4(a) of the Coastal Barrier Resources Act (16

11 U.S.C. 3503(a)) (as amended by section 3(d)).

12 (2) NUMBER OF UNITS.—The pilot project shall

13 consist of the creation of digital maps for no more

14 than 75 units and no fewer than 50 units of the

15 John H. Chafee Coastal Barrier Resources System

16 (referred to in this section as the ‘‘System’’), 1/3 of

17 which shall be otherwise protected areas (as defined

18 in section 12 of the Coastal Barrier Improvement

19 Act of 1990 (16 U.S.C. 3503 note; Public Law 101–

20 591)).

21 (b) DATA.—

22 (1) USE OF EXISTING DATA.—To the maximum

23 extent practicable, in carrying out the pilot project

24 under this section, the Secretary shall use digital

25 spatial data in the possession of State, local, and
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1 Federal agencies including digital orthophotos, and

2 shoreline, elevation, and bathymetric data.

3 (2) PROVISION OF DATA BY OTHER AGEN4 CIES.—The head of a Federal agency that possesses

5 data referred to in paragraph (1) shall, upon request

6 of the Secretary, promptly provide the data to the

7 Secretary at no cost.

8 (3) ADDITIONAL DATA.—If the Secretary deter9 mines that data necessary to carry out the pilot

10 project under this section do not exist, the Secretary

11 shall enter into an agreement with the Director of

12 the United States Geological Survey under which the

13 Director shall obtain, in cooperation with other Fed14 eral agencies, as appropriate, and provide to the

15 Secretary the data required to carry out this section.

16 (4) DATA STANDARDS.—All data used or cre17 ated to carry out this section shall comply with—

18 (A) the National Spatial Data Infrastruc19 ture established by Executive Order 12906 (59

20 Fed. Reg. 17671 (April 13, 1994)); and

21 (B) any other standards established by the

22 Federal Geographic Data Committee estab23 lished by Office of Management and Budget

24 Circular A–16.
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1 (c) DIGITAL MAPS NOT CONTROLLING.—Any deter2 mination as to whether a location is inside or outside the

3 System shall be made without regard to the digital maps

4 created under this section.

5 (d) REPORT.—

6 (1) IN GENERAL.—Not later than 3 years after

7 the date of enactment of this Act, the Secretary

8 shall submit to the Committee on Environment and

9 Public Works of the Senate and the Committee on

10 Resources of the House of Representatives a report

11 that describes the results of the pilot project and the

12 feasibility, data needs, and costs of completing dig13 ital maps for the entire System.

14 (2) CONTENTS.—The report shall include a de15 scription of—

16 (A) the cooperative agreements that would

17 be necessary to complete digital mapping of the

18 entire System;

19 (B) the extent to which the data necessary

20 to complete digital mapping of the entire Sys21 tem are available;

22 (C) the need for additional data to com23 plete digital mapping of the entire System;
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1 (D) the extent to which the boundary lines

2 on the digital maps differ from the boundary

3 lines on the original maps; and

4 (E) the amount of funding necessary to

5 complete digital mapping of the entire System.

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated to the Secretary to carry

8 out this section $500,000 for each of fiscal years 2002

9 through 2004.

10 SEC. 7. ECONOMIC ASSESSMENT OF JOHN H. CHAFEE

11 COASTAL BARRIER RESOURCES SYSTEM.

12 (a) IN GENERAL.—Not later than 1 year after the

13 date of enactment of this Act, the Secretary of the Interior

14 shall submit to the Committee on Environment and Public

15 Works of the Senate and the Committee on Resources of

16 the House of Representatives an economic assessment of

17 the John H. Chafee Coastal Barrier Resources System.

18 (b) REQUIRED ELEMENTS.—The assessment shall

19 consider the impact on Federal expenditures of the Coast20 al Barrier Resources Act (16 U.S.C. 3501 et seq.), includ21 ing impacts resulting from the avoidance of Federal ex22 penditures for—

23 (1) disaster relief under the Robert T. Stafford

24 Disaster Relief and Emergency Assistance Act (42

25 U.S.C. 5121 et seq.);
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1 (2) the national flood insurance program estab2 lished under chapter 1 of the National Flood Insur3 ance Act of 1968 (42 U.S.C. 4011 et seq.); and

4 (3) development assistance for roads, potable

5 water supplies, and wastewater infrastructure.

Passed the Senate September 27 (legislative day,

September 22), 2000.

Attest:

Secretary.
106TH CONGRESS

2D SESSION S. 1752

AN ACT

To reauthorize and amend the Coastal Barrier

Resources Act.