Coastal Barrier Improvement Act of 1990
PL 101-591 (H.R.2840), enacted 11/16/1990

PUBLIC LAW 101-591—NOV. 16, 1990 
104 STAT. 2931 
Public Law 101-591 
101st Congress 
An Act 
To reauthorize the C!oastal Barrier Resources Act, and for other purposes. 
Nov. 16, 1990 
[H.R. 2840] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. 
Coastal Barrier 
Improvement 
SECTION 1. SHORT TITLE. 
Act of 1990. 
This Act may be cited as the "Coastal Barrier Improvement Act of note 
1990". 
SEC. 2. DEFINITION AMENDMENTS. 
(a) UNDEVELOPED COASTAL BARRIER.—The Coastal Barrier Re-
sources Act is amended in section 3(1XA) (16 U.S.C. 3502(1XA))— 
(1) by striking clause (i); and 
(2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), 
respectively. 
O
k
)
) SYSTEM MAPS; SYSTEM.— 
(1) REPEAL AND ADDITION OF DEFINITION.—Section 3(6) of the 
Coastal Barrier Resources Act (16 U.S.C. 3502(6)) is amended to 
read as follows: 
"(6) The term 'System' means the Coastal Barrier Resources 
System established by section 4(a).". 
(2) CONFORMING AMENDMENTS.—Section 5 of the Coastal Bar-
rier Resources Act (16 U.S.C. 3504) is amended— 
(A) in subsection (a), by striking "Coastal Barrier 
Resources"; 
(B) in subsection (bXD, by striking "of the enactment of 
this Act" and inserting in lieu thereof "on which the rel-
evant System unit or portion of the System unit was in-
cluded within the System under this Act or the Coastal 
Barrier Improvement Act of 1990"; and 
(C) at the end of subsection (bX2), by striking "of enact-
ment". 
(c) OTHERWISE PROTECTED AREAS.—Section 3(1) of the Act 
(16 
U.S.C. 3502(1)) is amended— 
(1) by striking "(i)" immediately before "contain few"; and 
(2) by inserting a period immediately following "ecological 
processes" and striking the balance of the sentence.". 
SEC. 3. COASTAL BARRIER RESOURCES SYSTEM, GENERALLY. 
Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503) is 
amended to read as follows: 
"SEC. 
4
. 
ESTABLISHMENT 
OF 
COASTAL BARRIER RESOURCES 
SYSTEM. 
"(a) ESTABLISHMENT.—There is established the Cosistal 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 'CJoastal Barrier Resources System', dated 
relations. 
104 STAT. 2932 
PUBLIC LAW 101-591—NOV. 16, 1990 
October 24, 1990, as such maps may be revised by the Secretary 
under section 4 of the Coastal Barrier Improvement Act of 1990. 
"(b) SYSTEM MAPS.—The Secretary shall keep the maps referred to 
in subsection (a) on file and available for public inspection in the 
Office of the Director of the United States Fish and Wildlife Service, 
and in such other offices of that service as the Director considers 
appropriate. 
Inter- 
"(c) BOUNDARY REVIEW AND MODIFICATION.—At least once every 5 
f°i^^;"™^"^ 
years, the Secretary shall review the maps referred to in subsection 
(a) and shall make, in consultation with the appropriate State, local, 
and Federal officials, such minor and technical modifications to the 
boundaries of System units as are necessary solely to reflect changes 
that have occurred in the size or location of any System unit as a 
result of natural forces.". 
16 u s e 3503 
SEC. 4. TECHNICAL REVISION OF MAPS; MODIFICATION OF BOUNDARIES; 
note. 
ADDITIONS TO SYSTEM. 
(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, the Secretary shall— 
(1) make such technical revisions to the maps referred to in 
section 4(a) of the Coastal Barrier Resources Act (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— 
(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 subsection 
(d) of this section, 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 
PUBLIC LAW 101-591—NOV. 16, 1990 
104 STAT. 2933 
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, 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 Grovernor 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 organiza-
tion, 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 organiza-
tion was not provided maps under paragraph (1). 
(3) EFFECTIVE DATE OF ELECTION.—An area elected by a local 
government. Governor of a State, or qualii^ed 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 (eXlXC) with 
respect to that election. 
(d) ADDITION OF EXCESS FEDERAL PROPERTY.— 
(1) C!ONSULTATION AND DETERMINATION.—Prior to transfer or 
disposal of excess property under the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) that 
may be an undeveloped coastal barrier, the Administrator of 
General Services shall consult with and obtain from the Sec-
retary a determination as to whether and what portion of the 
property constitutes an undeveloped coastal barrier. Not later 
than one hundred and eighty days after the initiation of such 
consultation, the Secretary shall make and publish notice of 
such determination. Immediately upon issuance of a positive 
determination, the Secretary shall— 
(A) prepare a map depicting the undeveloped coastal 
barrier portion of such property; and 
(B) shall publish in the Federal Register notice of the Federal 
addition of such property to the System. 
Agister, 
(2) EFFECTIVE DATE OF INCLUSION.—An area to be added to the P^^bUcation. 
System under this subsection shall be part of the System effec-
tive on the date on which the Secretary publishes notice in the 
Federal Register under subsection (dXlXB) with respect to that 
area. 
104 STAT. 2934 
PUBLIC LAW 101-591—NOV. 16, 1990 
(3) REVISION OF MAPS.—As soon as practicable after the date 
on which a unit is added to the System under subsection (dX2), 
the Secretary shall revise the maps referred to in section 4(a) of 
the Act (as amended by section 3 of this Act) to reflect each such 
addition. 
(e) 
MODIFICATION OF BOUNDARIES, 
REVISION OF MAPS, AND 
PUBUCATION OF NOTICE.— 
(1) IN GENERAL.—Not later than 2 years after the date of the 
enactment of this Act, the Secretary— 
(A) based on recommendations submitted by local govern-
ments and State coastal zone management agencies under 
subsection (b), may make such minor and technical modi-
fications 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 (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 
Federal 
(C) shall publish in the Federal Register notice of each 
R^ter, 
such modification or election. 
publication. 
^2) EFFECTIVE DATE OF MODIFICATIONS.—A modification of the 
boundaries of a unit of the System under paragraph (IXA) shall 
take effect on the date on which the Secretary published notice 
in the Federal Register under paragraph (IXC) with respect to 
that modification. 
(f) NOTIFICATION REGARDING MODIFICATIONS AND ELECTIONS.—Not 
less than 30 days before the effective date of any modification of the 
boundaries of a unit of the System under subsection (dXlXA), or of 
£in election of a local government. Governor of a State, or qualified 
organization to add an area of qualified coastal barrier to the 
System pursuant to subsection (c) or of an addition to the System 
pursuant to subsection (d), the Secretary shall submit written notice 
of such modification or election to— 
(1) the Committee on Merchant Marine and Fisheries of the 
House of Representatives £uid the Committee on Environment 
and Public Works of the Senate; and 
(2) appropriate State and Federal officials. 
SEC. 5. EXCEPTIONS TO LIMITATIONS ON FEDERAL EXPENDITURES. 
(a) EXCEPTIONS, GENERALLY.—Section 6 of the Coastal Barrier 
Resources Act (16 U.S.C. 3505) is amended to read as follows: 
"SEC. 6. EXCEPTIONS TO LIMITATIONS ON EXPENDITURES. 
"(a) IN GENERAL.—Notwithstanding section 5, 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, extrac-
tion, 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 
PUBLIC LAW 101-591—NOV. 16, 1990 
104 STAT. 2935 
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 rehabilita-
tion 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 Act: 
"(A) Projects for the study, management, protection, and 
enhancement of fish and wildlife resources and habitats, 
including acquisition of fish and wildlife habitats and re-
lated lands, stabilization projects for fish and wildlife habi-
tats, and recreational projects. 
"(B) Establishment, operation, and maintenance of air 
and water navigation aids and devices, and for access there-
to. 
"(C) Projects under the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 4601-4 through 11) and the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
seq.). 
"(D) Scientific research, including aeronautical, at-
mospheric, 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 402, 403, and 502 of the^ Disaster Relief and Emer-
gency Assistance Act and section 1362 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. 
"(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), 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) shall not apply to a highway— 
"(1) located in a unit of the System in Michigan; and 
"(2) in existence on the date of the enactment of the Coastal 
Barrier Improvement Act of 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 expendi-
tures or financial assistance within the System under section 5 
104 STAT. 2936 
PUBLIC LAW 101-591—NOV. 16, 1990 
shall not apply to expenditures or assistance provided for serv-
ices 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 4(a)) 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 bound-
aries of unit T-11 of the System that facilitate an activity 
within that unit that is not consistent with the purposes of this 
Act. 
"(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 Hous-
ing 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 
Act. 
"(B) DEFINITION OF FINANCIAL ASSISTANCE.—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.". 
(b) CONFORMING AMENDMENT.—Subsection (d) of section 204 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (16 
U.S.C. 3505 note) is repealed. 
(c) 
APPUCATION OF EXISTING LOUISIANA EXCEPTION.—Section 
5(aX3) of the Coastal Barrier Resources Act (16 U.S.C. 3504(aX3)) is 
amended by inserting "and LA07" after "SOI through SOS". 
16 use 3503 
SEC. 6. PACIFIC COASTAL BARRIER PROTECTION STUDY AND MAPS. 
"
*
*
*
*
• 
IN GENERAL.— 
(1) STUDY.—Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall prepare and submit 
to the Committee on Merchant Marine and Fisheries of the 
House of Representatives and to the Committee on Environ-
ment and Public Works of the Senate a study which examines 
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. Such study shall 
examine— 
(A) the potential for loss of human life and damage to 
fish, wildlife, other natural resources, and the potenti^ for 
the wasteful expenditure of Federal revenues given the 
geologic differences of the coastal barriers along the Pacific 
coast as opposed to those found along the Atlantic and Gulf 
coasts; and 
(B) the differences in extreme weather conditions which 
exist along the Pacific coast as opposed to those found along 
the Atlantic and Gulf coasts. 
(2) PREPARATION AND SUBMISSION OF MAPS.— 
(A) AS soon as practicable after the date of the enactment 
of this Act, the Secretary shall prepare maps identifying 
PUBLIC LAW 101-591—NOV. 16, 1990 
104 STAT. 2937 
the boundaries of those undeveloped coastal barriers (as 
that term is defined in section 3(1) of the Coastal Barrier 
Resources Act (16 U.S.C. 3502(1)) of the United States 
bordering the Pacific Ocean south of 49 degrees north 
latitude. 
(B) Not later than 12 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Merchant Marine and Fisheries of the House of Representa-
tives and to the Committee on Environment and Public 
Works of the Senate 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. 
SEC. 7. SPECIAL UNIT. 
Florida. 
(a) DESIGNATION.—The southernmost portion of unit P-11 of the 
System, as depicted on the maps referred to in section 4(a) of the 
Coastal Barrier Resources Act (as amended by this Act), located on 
Hutchinson Island north of St. Lucie Inlet in Florida, is designated 
as the "Frank M. McGilvrey Unit". In revising those maps under 
section 4(a) of this Act, the Secretary shall so identify that unit. 
(b) REFERENCES.—Any reference in a law, map, regulation, docu-
ment, paper, or other record of the United States to the unit of the 
System referred to in subsection (a) is deemed to be a reference to 
the "Frank M. McGilvrey Unit" of the System. 
SEC. 8. REPORT REGARDING COASTAL BARRIER MANAGEMENT. 
16 USC 3503 
(a) COASTAL BARRIERS TASK FORCE.— 
(1) EsTABUSHMENT.—There is established an interagency task 
force to be known as the Coastal Barriers Task Force (herein-
after in this section referred to £is the "Task Force"). 
(2) MEMBERSHIP.—The Task Force shall be composed of 11 
individuals as follows: 
(A) A designee of the Secretary of Agriculture. 
(B) A designee of the Secretary of Commerce. 
(C) A designee of the Secretary of Defense. 
(D) A designee of the Secretary of Energy. 
(E) A designee of the Secretary of Housing and Urban 
Development. 
(F) A designee of the Secretary of the Interior. 
(G) A designee of the Secretary of Transportation. 
(H) A designee of the Secretary of the Treasury, who shall 
represent the Internal Revenue Service. 
(I) A designee of the Administrator of the Environmental 
Protection Agency. 
(J) A designee of the Director of the Federal Emergency 
Management Agency. 
(K) A designee of the Administrator of the Small Business 
Administration. 
(3) CHAIRPERSON.—The chairperson of the Task Force shall be 
the designee of the Secretary of the Interior. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than the expiration of the 2-year 
period beginning on the date of the enactment of this Act, the 
Task Force shall submit to the Congress a report regarding the 
Coastal Barrier Resources System. 
104 STAT. 2938 
PUBLIC LAW 101-591—NOV. 16, 1990 
(2) CONTENTS.—The report required under paragraph (1) shall 
include the following: 
(A) An analysis of the effects of any regulatory activities 
of the Federal Government on development within units of 
the System, for the period from 1975 to 1990. 
(B) An analysis of the direct and secondary impacts of tax 
policies of the Federal Government on development (includ-
ing development of second home and investment properties) 
within units of the System, for the period from 1975 to 1990. 
(C) An estimate and comparison of the costs to the Fed-
eral Government with respect to developed coastal barriers 
on which are located units of the System, for the period 
from 1975 to 1990, which shall include costs of shore protec-
tion activities, beach renourishment activities, evacuation 
services, disaster assistance, sind flood insurance subsidies 
under the national flood insurance program. 
(D) A determination of the number of structures for 
which flood insurance under the national flood insurance 
program has been unavailable since the enactment of the 
National Flood Insurance Act of 1968 because of the 
prohibition, under section 1321 of such Act, of the provision 
of insurance for structures located on coastal barriers 
within the System. 
(E) An estimate of the number of existing structures 
located on coastal barriers that are included within the 
System because of the expansion of the System under this 
Act and the amendments made by this Act. 
(F) A summary of the opinions and comments expressed 
pursuant to paragraph (3). 
(G) Recommendations for Federal policies and legislative 
action with respect to developed and undeveloped coastal 
barriers to promote the protection of coastal barriers and 
minimize activities of the Federal Government that contrib-
ute to the destruction and degradation of coastal barriers. 
(3) HEARINGS.—In carrying out its responsibilities under this 
subsection, the Task Force shall hold hearings to provide oppor-
tunity for State and local governments and members of the 
public to express their opinions and comment on Federal policy 
regarding coastal barriers. 
(c) TERMINATION.—The Task Force shall terminate 90 days after 
submission of the report required under subsection (bXD. 
SEC. 9. PROHIBITION OF FLOOD INSURANCE COVERAGE IN CERTAIN 
COASTAL BARRIERS. 
Section 1321 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4028) is amended— 
(1) by inserting "(a)" after the section designation; and 
(2) by adding at the end the following new subsection: 
"(b) No new flood insurance coverage may be provided under this 
title after the expiration of the 1-year period beginning on the date 
of the enactment of the Coastal Barrier Improvement Act of 1990 for 
any new construction or substantial improvements of structures 
located in any area identified and depicted on the maps referred to 
in section 4(a) of the Coastal Barrier Resources Act as an area that 
is (1) not within the Coastal Barrier Resources System and (2) is in 
an otherwise protected area. Notwithstanding the preceding sen-
tence, new flood insurance coverage may be provided for structures 
PUBLIC LAW 101-591—NOV. 16, 1990 
104 STAT. 2939 
in such protected areas that are used in a manner consistent with 
the purpose for which the area is protected.". 
SEC. 10. RTC AND FDIC PROPERTIES. 
(a) REPORTS.— 
(1) SUBMISSION.—The Resolution Trust Corporation and the 
Federal Deposit Insurance Corporation shall each submit to the 
Congress for each year a report identifying and describing any 
property that is covered property of the corporation concerned 
as of September 30 of such year. The report shall be submitted 
on or before March 30 of the following year. 
(2) CONSULTATION.—In preparing the reports required under 
this subsection, each corporation concerned may consult with 
the Secretary of the Interior for purposes of identif3dng the 
properties described in paragraph (1). 
(b) LIMITATION ON TRANSFER.— 
(1) NOTICE.—The Resolution Trust Corporation and the Fed-
eral Deposit Insurance Corporation may not sell or otherwise 
transfer any covered property unless the corporation concerned 
causes to be published in the Federal Register a notice of the 
availability of the property for purchase or other transfer that 
identifies the property and describes the location, characteris-
tics, and size of the property. 
(2) EXPRESSION OF SERIOUS INTEREST.—During the 90-day 
period beginning on the date that notice under paragraph (1) 
concerning a covered property is first published, any govern-
mental agency or qualified organization may submit to the 
corporation concerned a written notice of serious interest for 
the purchase or other transfer of a particular covered property 
for which notice has been published. The notice of serious 
interest shall be in such form and include such information as 
the corporation concerned may prescribe. 
(3) PROHIBITION OF TRANSFER.—During the period under para-
graph (2), a corporation concerned may not sell or otherwise 
transfer any covered property for which notice has been pub-
lished under paragraph (1). Upon the expiration of such period, 
the corporation concerned may sell or otherwise transfer any 
covered property for which notice under paragraph (1) has been 
published if a notice of serious interest under paragraph (2) 
concerning the property has not been timely submitted. 
(4) OFFERS AND PERMITTED TRANSFER.—If a notice of serious 
interest in a covered property is timely submitted pursuant to 
paragraph (2), the corporation concerned may not sell or other-
wise transfer such covered property during the 90-day period 
beginning upon the expiration of the period under paragraph (2) 
except to a governmental agency or qualified organization for 
use primarily for wildlife refuge, sanctuary, open space, rec-
reational, historical, cultural, or natured resource conservation 
purposes, unless all notices of serious interest under paragraph 
(2) have been withdrawn. 
(c) DEFINITIONS.—For purposes of this section: 
(1) CORPORATION CONCERNED.—The term "corporation con-
cerned" means— 
(A) the Federal Deposit Insurance Corporation, with re-
spect to matters relating to the Federal Deposit Insurance 
Corporation; and 
12 u s e 1441a-3. 
Federal 
Register, 
publication. 
104 STAT. 2940 
PUBLIC LAW 101-591—NOV. 16, 1990 
(B) the Resolution Trust Corporation, with respect to 
matters relating to the Resolution Trust Corporation. 
(2) COVERED PROPERTY.—The term "covered property" means 
any property— 
(A) to which— 
(i) the Resolution Trust Corporation has acquired 
title in its corporate or receivership capacity; or 
(ii) the Federal Deposit Insurance Corporation has 
acquired title in its corporate capacity or which was 
acquired by the former Federal Savings and Loan 
Insurance Corporation in its corporate capacity; and 
(B)that— 
(i) is located within the Coastal Barrier Resources 
System; or 
(ii) is undeveloped, greater than 50 acres in size, and 
adjacent to or contiguous with any lands managed by a 
governmental agency primarily for wildlife refuge, 
sanctuary, open space, recreational, historical, cultural, 
or natural resource conservation purposes. 
(3) 
GOVERNMENTAL 
AGENCY.—The 
term 
"governmental 
agency" means any agency or entity of the Federal Government 
or a State or local government. 
(4) UNDEVELOPED.—The term "undeveloped" means— 
(A) containing few manmade structures and having geo-
morphic and ecological processes that are not significantly 
impeded by any such structures or human activity; and 
(B) having natural, cultural, recreational, or scientific 
value of special significance. 
Wildlife refuges. 
SEC. 11. ACQUISITION OF PROPERTY BY SECRETARY OF THE INTERIOR. 
The Secretary of the Interior may purchase any property within 
the area added to unit T-12 of the System by this Act, as depicted on 
the maps referred to in section 4(a) of the Coastal Barrier Resources 
Act. The Secretary of the Interior shall provide that any property 
purchased under this section is used and administered in accordance 
with the provisions of the National Wildlife Refuge System Adminis-
tration Act of 1966 (16 U.S.C. 668dd-668ee). 
16 use 3503 
SEC. 12. DEFINITIONS. 
For purposes of this Act— 
(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 man-
made structures and these structures, and man's activities on such 
features and within such habitats, do not significantly impede geo-
morphic and ecological processes. 
(2) the term "otherwise protected area" means an undevel-
oped coastal barrier within the boundaries of an area estab-
lished under Federal, State, or local law, or held by a qualified 
organization, primarily for wildlife refuge, sanctuary, rec-
reational, or natural resource conservation purposes; 
PUBLIC LAW 101-591—NOV. 16, 1990 
104 STAT. 2941 
(3) the term "qualified organization" means such an organiza-
tion 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 Coastal Barrier Resources 
System established by the Coastal Barrier Resources Act (16 
U.S.C. 3501 et seq.), as amended by this Act. 
SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) COASTAL BARRIER RESOURCES ACT.—Section 12 of the Coastal 
Barrier Resources Act (16 U.S.C. 3510) is amended to read as follows: 
"SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
"There is authorized to be appropriated to the Secretary for 
carrying out this Act not more than $1,000,000 for each of the fiscal 
years 1990,1991,1992, and 1993.". 
(b) THIS ACT.— 
(1) IN GENERAL.—There is authorized to be appropriated to the 
Secretary for carrying out this Act not more than $1,000,000 for 
each of the fiscal years 1991 and 1992. 
(2) PROPERTY ACQUISITION.—In addition to the amounts au-
thorized to be appropriated under paragraph (1), there is au-
thorized to be appropriated to the Secretary of the Interior 
during fiscal years 1991, 1992, and 1993 an aggregate amount of 
$15,000,000 to carry out section 11. 
SEC. 14. CERTIFICATION OF COMPLIANCE. 
Section 7 of the Coastal Barrier Resources Act (16 U.S.C. 3506) is 
amended to read as follows: 
"SEC. 7. CERTIFICATION OF COMPLIANCE. 
"(a) REGULATIONS.—Not later than 12 months after the date of 
enactment of the Coastal Barrier Improvement Act of 1990, the head 
of each Federal agency affected by this Act shall promulgate regula-
tions to assure compliance with the provisions of this Act. 
"(b) CERTIFICATION.—The head of each Federal agency affected by Reports, 
this Act shall report and certify that each such agency is in compli-
ance with the provisions of this Act. Such reports and certifications 
shall be submitted annually to the Committees and the Secretary.". 
SEC. 
1
5
. 
DARE 
COUNTY, 
NORTH 
CAROLINA, 
TRANSFER. 
Notwithstanding another law, the Secretary of Transportation 
shall transfer without consideration by quitclaim deed to Dare 
County, North Carolina, all rights, title, and interest of the United 
States in Coast Guard property and improvements located on the 
northern end of Pea Island east side of State road 1257, 0.3 miles 
north of North Carolina Highway 12 in Rodanthe, Dare County, 
104 STAT. 2942 
PUBLIC LAW 101-591—NOV. 16, 1990 
North Carolina. The Secretary shall require the property to be 
surveyed before it is transferred. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—H.R. 2840 (S. 2729): 
HOUSE REPORTS: No. 101-657, Pt. 1 (Ctomm. on Merchant Marine and Fisheries) 
and Pt. 2 (Comm. on Banking, Finance and Urban Affairs). 
SENATE REPORTS: No. 101-529 accompanying S. 2729 ((Domm. on Environment and 
Public^ 
Works). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Sept. 28, considered and passed House. 
Oct. 26, considered and passed Senate, amended. House concurred in Senate 
amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 16, Presidential remarks.