16 USC 3503 - Establishment of John H. Chafee Coastal Barrier Resources System

U.S Code last checked for updates: Jun 20, 2026

§ 3503.

Establishment of John H. Chafee Coastal Barrier Resources System

(a)

Establishment

There is established the John H. Chafee Coastal 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 as System units or Otherwise Protected Areas—

(1)

on the maps on file with the Secretary entitled “Coastal Barrier Resources System”, dated October 24, 1990;

(2)

on a map described in section 201(b) of the Bolstering Ecosystems Against Coastal Harm Act; or

(3)

on a map described in paragraph (1) or (2) as such map may be replaced, modified, revised, or corrected under—

(A)

subsection (f)(3);

(B)

section 4 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note); or

(C)

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.

(b)

System maps

(1)

In general

(2)

Digital maps

(A)

Availability

(B)

Effect

(C)

Report

(c)

Boundary review and modification

(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.

(e)

Addition of excess Federal property

(1)

Consultation and determination

Prior to transfer or disposal of excess property under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 that may be a coastal barrier, the Administrator of General Services shall consult with and obtain from the Secretary a determination as to whether and what portion of the property constitutes a coastal barrier. Not later than 180 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 coastal barrier portion of such property; and

(B)

publish in the Federal Register notice of the addition of such property to the System.

(2)

Effective date of inclusion

(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 notification of the availability 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.

(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

(Pub. L. 97–348, § 4, Oct. 18, 1982, 96 Stat. 1654; Pub. L. 97–396, § 8, Dec. 31, 1982, 96 Stat. 2007;

cite as: 16 USC 3503