Coastal Barrier Resources Act
PL 97-348 (S.1018), enacted 10/18/1982

PUBLIC LAW 97-348—OCT. 18, 1982 
96 STAT. 1653 
Public Law 97-348 
97th Congress 
An Act 
To protect and conserve fish and wildlife resources, and for other purposes. 
—— 
[S. 1018] 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled. 
Coastal Barrier 
Resources Act. 
SECTION 1. SHORT TITLE. 
16 USC 3501 
This Act may be cited as the "Coastal Barrier Resources Act". 
SEC. 2. FINDINGS AND PURPOSE. 
16 USC 3501. 
(a) FINDINGS.—The Congress finds that— 
(1) coastal barriers along the Atlantic and Gulf coasts 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, nest-
ing, 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 dam-
aged 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 sedi-
ments undermine manmade structures; 
(4) certain actions and programs of the Federal Government 
have subsidized and permitted development on coasted barriers 
and the result has been the loss of barrier resources, threats to 
human life, health, and property, and the expenditure of mil-
lions 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) PURPOSE.—The Congress declares that it is the purpose of this 
Act to minimize the loss of human life, wasteful expenditure of 
Federal revenues, and the damage to fish, wildlife, and other natu-
ral resources associated with the coastal barriers along the Atlantic 
and Gulf coasts by restricting future Federal expenditures and 
financial assistance which have the effect of encouraging develop-
ment of coastal barriers, by establishing a Coastal Barrier Resources 
S3rstem, and by considering the means and measures by which the 
long-term conservation of these fish, wildlife, and other natural 
resources may be achieved. 
SEC. 3. DEFINITIONS. 
16 USC 3502. 
For purposes of this Act— 
96 STAT. 1654 
PUBLIC LAW 97-348—OCT. 18, 1982 
(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) consists of unconsolidated sedimentary materials, 
(ii) is subject to wave, tidal, and wind energies, and 
(iii) protects landward aquatic habitats from direct 
wave attack; and 
(6) all associated aquatic habitats, including the adjacent 
wetlands, marshes, estuaries, inlets, and nearshore waters; 
but only if such feature and associated habitats (i) 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, and (ii) are not 
included within the boundaries of an area established under 
Federal, State, or local law, or held by a qualified organization 
26 use 170. 
as defined in section 170(h)(3) of the Internal Revenue Code of 
1954, primarily for wildlife refuge, sanctuary, recreational, or 
natural resource conservation purposes. 
(2) The term "Committees" refers to the Committee on Mer-
chant Marine and Fisheries 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) general revenue-sharing grants made under section 
102 of the State and Local Fiscal Assistance Amendments of 
1972 (31 U.S.C. 1221); 
(B) deposit or account insurance for customers of banks, 
savings and loan associations, credit unions, or similar 
institutions; 
(C) the purchase of mortgages or loans by the Govern-
ment National Mortgage Association, the Federal National 
Mortgage Association, or the Federal Home Loan Mortgage 
Corporation; 
(D) assistance for environmental studies, planning, and 
assessments that are required incident to the issuance of 
permits or other authorizations under Federal law; and 
(E) 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. 
Effective date. 
Effective October 1, 1983, such term includes flood insurance 
described in section 1321 of the National Flood Insurance Act of 
95 Stat. 419. 
1968, as amended (42 U.S.C. 4028). 
(4) The term "Secretary" means the Secretary of the Interior. 
(5) The term "System unit" means any undeveloped coastal 
barrier, or combination of closely-related undeveloped coastal 
barriers, included within the Coastal Barrier Resources System 
established by section 4. 
1
6 use 3503. 
SEC. 4. THE C
O
A
S
T
A
L BARRIER RESOURCES SYSTEM. 
(a) EsTABUSHMENT.—(1) There is established the Coastal Barrier 
Resources System which shall consist of those undeveloped coastal 
barriers located on the Atlantic and Gulf coasts of the United States 
that are identified and generally depicted on the maps that are 
PUBLIC LAW 97-348—OCT. 18, 1982 
96 STAT. 1655 
Public 
inspection. 
Copies, 
distribution. 
entitled "Coastal Barrier Resources System", numbered AOl 
through T12, and dated September 30,1982. 
(2) Any person or persons or other entity owning or controlling 
land on an undeveloped coastal barrier, associated landform or any 
portion thereof not within the Coastal Barrier Resources System 
established under paragraph (1) may, within one year after the date 
of enactment of this Act, elect to have such land included within the 
Coastal Barrier Resources System. This election shall be made in 
compliance with regulations established for this purpose by the 
Secretary not later than one hundred and eighty days after the date 
of enactment of this Act; and, once made and filed in accordance 
with the laws regulating the sale or other transfer of land or other 
real property of the State in which such land is located, shall have 
the same force and effect as if such land had originally been 
included within the Coastal Barrier Resources System. 
Ob)(l) As soon as practicable after the enactment of this Act, the Maps, filing 
maps referred to in paragraph (1) of subsection (a) shall be filed with 
the Committees by the Secretary, and each such map shall have the 
same force and effect as if included in this Act, except that correc-
tion of clerical and typographical errors in each such map may be 
made. Each such map shall be on file and available for public 
inspection in the Office of the Director of the United States Fish and 
Wildlife Service, Department of the Interior, and in other appropri-
ate offices of the Service. 
(2) As soon as practicable after the date of the enactment of this 
Act, the Secretary shall provide copies of the maps referred to in 
paragraph (1) of subsection (a) to the chief executive officer of (A) 
each State and county or equivalent jurisdiction in which a system 
unit is located, (B) each State coastal zone management agency in 
those States which have a coastal zone management plan approved 
pursuant to section 306 of the Cosistal Zone Management Act of 1972 
(16 U.S.C. 1455) and in which a system unit is located, and (C) each 
appropriate Federal agency. 
(c) BOUNDARY MODIFICATIONS.—(1) Within 180 days after the date 
of enactment of this Act, the Secretary may make such minor and 
technical modifications to the boundaries of system units as depicted 
on the maps referred to in paragraph (1) of subsection (a) as are 
consistent with the purposes of this Act-and necessary to clarify the 
boundaries of said system units; except that, for system units within 
States which have, on the date of enactment, a coastal zone manage-
ment plan approved pursuant to section 306 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1455)— 
(A) each appropriate State coastal zone management agency 
may, within 90 days after the date of enactment of this Act, 
submit to the Secretary proposals for such minor and technical 
modifications; and 
(B) the Secretary may, within 180 days after the date of 
enactment of this Act, make such minor and technical modifica-
tions to the boundaries of such system units. 
(2) The Secretary shall, not less than 30 days prior to the effective 
date of any such boundary modification made under the authority of 
paragraph (1), submit written notice of such modification to (A) each 
of the Committees and (B) each of the appropriate officers referred 
to in paragraph (2) of subsection (b). 
(3) The Secretary shall conduct, at least once every five years, a Review. 
review of the maps referred to in paragraph (1) of subsection (a) and 
make, in consultation with the appropriate officers referred to in 
Notice 
submittal. 
96 STAT. 1656 
PUBLIC LAW 97-348—OCT. 18, 1982 
paragraph (2) of subsection (b), such minor and technical modifica-
tions to the boundaries of system units as are necessary solely to 
reflect changes that have occurred in the size or location of any 
system units as a result of natural forces. 
(4) If, in the case of any minor and technical modification to the 
boundaries of system units made under the authority of this subsec-
tion, 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 coasted zone man-
agement agency under paragraph dXA), the Secretary shall submit 
to the chief executive officer a written justification for his failure to 
make modifications consistent with such comments or proposals. 
16 use 3504. 
SEC. 5. LIMITATIONS ON FEDERAL EXPENDITURES AFFECTING THE 
SYSTEM. 
(a) Except as provided in section 6, no new expenditures or new 
financial assistance may be made available under authority of any 
Federsd law for any purpose within the Coastal Barrier Resources 
System, including, but not limited to— 
(1) the construction or purchase of any structure, appurte-
nance, 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 4 on maps 
numbered SOI through SOS 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) An expenditure or financial assistance made available under 
authority of Federal law shall, for purposes of this Act, be a new 
expenditure or new financial assistance i
f
— 
(1) in any case with respect to which specific appropriations 
are required, no money for construction or purchase purposes 
was appropriated before the date of the enactment of this Act; 
or 
(2) no legally binding commitment for the expenditure or 
financial assistance was made before such date of enactment. 
16 use 3505. 
SEC. 6. EXCEPTIONS. 
(a) Notwithstanding section 5, the appropriate Federal officer, 
after consultation with the Secretary, may make Federal expendi-
tures or financial assistance available within the Coastal Barrier 
R^ources System for— 
(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 coastal water areas because the 
use or facility requires access to the coastal water body; 
PUBLIC LAW 97-348—OCT. 18, 1982 
96 STAT. 1657 
(2) the maintenance of existing channel improvements and 
related structures, such as jetties, and including the disposal of 
dredge materials related to such improvements; 
(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; and 
(6) any of the following actions or projects, but only if the 
making available of expenditures or assistance therefor is con-
sistent with the purposes of this Act: 
(A) Projects for the study, management, protection and 
enhancement of fish and wildlife resources and habitats, 
including, but not limited to, acquisition of fish and wildlife 
habitats and related lands, stabilization projects for fish 
and wildlife habitats, and recreational projects. 
(B) The 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. 4601-4 through 11) and the 16 use 460/-4. 
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
et seq.). 
(D) Scientific research, including but not limited to aero-
nautical, 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 305 and 306 of the Disaster Relief Act of 1974 (42 
U.S.C. 5145 and 5146) 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) The maintenance, replacement, reconstruction, or 
repair, but not the expansion, of publicly owned or publicly 
operated roads, structures, or facilities. 
(G) Nonstructural projects for shoreline stabilization that 
are designed to mimic, enhance, or restore natural stabili-
zation systems. 
(b) For purposes of subsection (a)(2), 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 the date of 
the enactment of this Act. 
SEC. 7. CERTIFICATION OF COMPLIANCE. 
16 USC 3506. 
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 Act 
during each fiscal year beginning after September 30, 1982. Such 
certification shall be submitted on an annual basis to the House of Submittal to 
Representatives and the Senate pursuant to the schedule required ^longress. 
under the Congressional Budget and Impoundment Control Act of 
1974, 
31 use 1301 
note. 
96 STAT. 1658 
PUBLIC LAW 97-348—OCT. 18, 1982 
16 use 3507. 
SEC. 8. PRIORITY OF LAWS. 
Nothing contained in this Act shall be construed as indicating an 
intent on the part of the Congress to change the existing relation-
ship 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 Act shall be construed to invalidate any provi-
sion 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 Act shall in no way be interpreted to interfere with a 
State's right to protect, rehabilitate, preserve, and restore lands 
within its established boundary. 
16 use 3508. 
SEC. 9. SEPARABILITY. 
If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remainder of the Act and 
the application of such provision to other persons not similarly 
situated or to other circumstances shall not be affected thereby. 
16 use 3509. 
SEC. 10. REPORTS TO CONGRESS. 
(a) IN GENERAL.—Before the close of the 3-year period beginning 
on the date of the enactment of this Act, the Secretary shall prepare 
and submit to the Committees a report regarding the System. 
(b) CONSULTATION IN PREPARING REPORT.—The Secretary shall pre-
pare the report required under subsection (a) in consultation with 
the Governors of the States in which System units are located and 
with the coastal zone management agencies of the States in which 
System units are located and after providing opportunity for, and 
considering, public comment. 
(c) REPORT CONTENT.—The report required under subsection (a) 
shall contain— 
(1) recommendations for the conservation of the fish, wildlife, 
and other natural resources of the System based on an evalua-
tion and comparison of all management alternatives, and com-
binations thereof, such as State and local actions (including 
management plans approved under the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1451 et seq.)). Federal actions 
(including acquisition for administration as part of the National 
Wildlife Refuge System), and initiatives by private organiza-
tions and individuals; 
(2) recommendations for additions to, or deletions from, the 
Coastal Barrier Resources System, and for modifications to the 
boundaries of System units; 
(3) a summary of the comments received from the Grovemors 
of the States, State coastal zone management agencies, other 
government officials, and the public regarding the System; and 
(4) an analysis of the effect, if any, that general revenue 
sharing grants made under section 102 of the State and Local 
Fiscal Assistance Amendments of 1972 (31 U.S.C. 1221) have had 
on undeveloped coastal barriers. 
SEC. 11. AMENDMENTS REGARDING FLOOD INSURANCE. 
(a) Section 1321 of the National Flood Insurance Act of 1968 (42 
95 Stat. 419. 
U.S.C. 4028) is amended to read as follows: 
PUBLIC LAW 97-348—OCT. 18, 1982 
96 STAT. 1659 
"UNDEVELOPED COASTAL BARRIERS 
"SEC. 1321. No new flood insurance coverage may be provided 
under this title on or after October 1, 1983, for any new construction 
or substantial improvements of structures located on any coastal 
barrier within the Coastal Barrier Resources System established by 
section 4 of the Coastal Barrier Resources Act. A federally insured 
Ante, p. 1654. 
financial institution may make loans secured by structures which 
are not eligible for flood insurance by reason of this section.". 
(b) Section 341(d)(2) of the Omnibus Budget and Reconciliation Act 
of 1981 (Public Law 97-35) is repealed. 
95 Stat. 418. 
42 u s e 4028 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
note. 
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 4 
and 10. 
Approved October 18, 1982. 
LEGISLATIVE HISTORY—S. 1018 (H.R. 3252): 
HOUSE REPORTS: No. 97-841, pt. I accompanying H.R. 3252 (Comm. on Merchant 
Marine and Fisheries) and No. 97-928 (Comm. of Conference). 
SENATE REPORT No. 97-419 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Sept. 23, considered and passed Senate. 
Sept. 28, H.R. 3252 considered and passed House; S. 1018, amended, passed in 
lieu. 
Oct. 1, Senate and House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 42 (1982): 
Oct. 18, Presidential statement.