16 U.S.C. § 3503: Establishment of John H. Chafee Coastal Barrier Resources System

on the maps on file with the Secretary entitled “Coastal Barrier Resources System”, dated October 24, 1990 ; on a map described in section 201(b) of the Bolstering Ecosystems Against Coastal Harm Act; or subsection (f)(3); section 4 of the Coastal Barrier Improvement Act of 1990 ( 16 U.S.C. 3503 note); or any other provision of law enacted on or after November 16, 1990 , that specifically replaces or authorizes the modification, revision, or correction of such a map. 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. The Secretary shall make available to the public on the Internet web site of the United States Fish and Wildlife Service digital versions of the maps included in the set of maps referred to in subsection (a). Any determination as to whether a location is inside or outside the System shall be made without regard to the digital maps available under this paragraph, except that this subparagraph does not apply with respect to any printed version of such a digital map if the printed version is included in the maps referred to in subsection (a). No later than 180 days after December 21, 2018 , the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report regarding the progress and challenges in the transition from paper to digital maps and a timetable for completion of the digitization of all maps related to the System. At least once every 5 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. 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. prepare a map depicting the coastal barrier portion of such property; and publish in the Federal Register notice of the addition of such property to the System. An area 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 paragraph (1)(B) with respect to that area. 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; 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) 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. the density of development is less than 1 structure per 5 acres of land above mean high tide; and 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. 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. Nothing in this subsection supersedes the official maps referred to in subsection (a). “This Act may be cited as the ‘Coastal Barrier Resources Reauthorization Act of 2005’. 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 ). 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 ). The term ‘Secretary’ means the Secretary of the Interior. The term ‘System unit’ has the meaning given the term in section 3 of the Coastal Barrier Resources Act ( 16 U.S.C. 3502 ). Repealed. Pub. L. 115–358, § 4 , Dec. 21, 2018 , 132 Stat. 5081 .] 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. 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. 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. 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. 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. 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. 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. in consultation with the Governors of the States in which the System units and otherwise protected areas are located; and providing an opportunity for the submission of public comments; and considering any public comments submitted under clause (i). 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 [ May 25, 2006 ]; a summary and update on the implementation and use of the digital maps created under the pilot project; and 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. 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. 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)). 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 )). 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. 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. 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. the National Spatial Data Infrastructure established by Executive Order 12906 (59 Fed. Reg. 17671 ( April 13, 1994 )) [ 43 U.S.C. 1457 note]; and any other standards established by the Federal Geographic Data Committee established by Office of Management and Budget Circular A–16. 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. Not later than 3 years after the date of enactment of this Act [ Nov. 13, 2000 ], 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 that describes the results of the pilot project and the feasibility, data needs, and costs of completing digital maps for the entire System. 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. There is authorized to be appropriated to the Secretary to carry out this section $500,000 for each of fiscal years 2002 through 2004.” 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.” 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’. 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.” 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 each State and each local government in which is located a unit of the System; 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. 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; 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. 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; 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 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). 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 .] 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; 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. 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.” 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; 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.”