[Senate Report 106-252]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 483
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-252

======================================================================





 
         COASTAL BARRIER RESOURCES REAUTHORIZATION ACT OF 1999

                                _______
                                

                 April 4, 2000.--Ordered to be printed

                                _______
                                

   Mr. Smith of New Hampshire, from the Committee on Environment and 
                 Public Works, submitted the following

                              R E P O R T

                         [to accompany S. 1752]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1752) to reauthorize and amend the Coastal 
Barrier Resources Act, having considered the same, reports 
favorably thereon with amendments and recommends that the bill, 
as amended, do pass.

                    General Statement and Background

    The Coastal Barrier Resources System (CBRS) is comprised of 
undeveloped coastal barriers along the coasts of the Atlantic 
Ocean, Gulf of Mexico, the Great Lakes, Puerto Rico and the 
U.S. Virgin Islands. Coastal barriers are landscape features 
that shield the mainland from the full force of wind, wave and 
tidal energies. Coastal barriers come in a variety of forms 
that include bay barriers, tombolos, barrier spits, barrier 
islands, dune or beach barriers, and fringing mangroves. 
Coastal barriers bear the brunt of impacts from storms and 
erosion, although most are composed only of unconsolidated 
sediment such as sand or gravel. The geological composition 
makes coastal barriers highly unstable areas. Despite their 
instability, many coastal barriers are under heavy development 
pressure.
    Congress passed the Coastal Barrier Resources Act of 1982 
in an effort to address problems caused by coastal barrier 
development. The Coastal Barrier Resources Act restricts 
Federal expenditures and financial assistance, including 
Federal flood insurance, for development on coastal barriers in 
the CBRS. By restricting funding for Federal programs that 
encourage development of coastal barriers, Congress sought to 
minimize loss of human life; reduce wasteful expenditure of 
Federal funds; and protect the natural resources associated 
with coastal barriers.
    The Coastal Barrier Improvement Act of 1990 added 
``Otherwise Protected Areas'' (OPAs) to the System. OPAs are 
undeveloped coastal barriers within the boundaries of lands 
reserved for conservation purposes such as wildlife refuges and 
parks. In addition, the 1990 Act added to the System coastal 
barriers in Puerto Rico, the U.S. Virgin Islands, the Great 
Lakes and along the Atlantic and Gulf coasts. The CBRS 
currently includes 850 units, comprising approximately 3 
million acres and approximately 2,500 shoreline miles.
    The Department of the Interior identified and mapped 
undeveloped coastal barriers, and those maps were later 
approved by Congress. The Department of the Interior employed 
the use of aerial photographs and ground inspections to verify 
the boundaries, and mapped the results on U.S. Geological 
Survey quadrangle maps. Except for minor and technical 
modifications to the CBRS unit boundaries to reflect changes 
that have occurred as a result of natural forces, modifications 
of CBRS unit boundaries require Congressional approval.
    S. 1752, a bill to reauthorize and amend the Coastal 
Barrier Resources Act, makes several changes to the Act, the 
most significant of which is the codification of criteria to 
determine whether a coastal barrier is developed. As a general 
rule, the Fish and Wildlife Service and Congress determine that 
an area is developed if it has more than one structure per 5 
acres, or a full complement of infrastructure which is defined 
to include water supply, wastewater disposal, electricity, and 
paved roads. Codifying the criteria will make it easier for 
Congress to oppose the removal of undeveloped coastal areas 
from the CBRS. This bill will also require the Secretary of the 
Interior (Secretary) to complete a pilot project to determine 
the feasibility of creating digital versions of the coastal 
barrier system maps, and reporting the findings to Congress 
within 3 years. Additional changes to the Act would allow 
voluntary additions to the System at the owners' request, 
require that an ongoing economic assessment be submitted to the 
Committee when completed, and authorize appropriations of $2 
million through fiscal year 2004 and $3 million for fiscal year 
2005 through fiscal year 2007.

                          Legislative History

    S. 1752 was introduced on October 20, 1999 by the late 
chairman of the Senate Committee on Environment and Public 
Works, Senator John H. Chafee. No hearings were held on the 
bill. On February 9, 2000, the committee held a business 
meeting to consider S. 1752. The new chairman, Senator Bob 
Smith of New Hampshire, offered a technical amendment to 
reflect the passage of Public Law 106-167, a law to redesignate 
the CBRS after Senator John H. Chafee. There were no other 
amendments, and the committee ordered the bill reported by 
voice vote.

                      Section-by-Section Analysis

Section 1. Short Title
    Section 1 designates the bill as the ``Coastal Barrier 
Resources Reauthorization Act of 1999''.
Sec. 2. Definitions
    Section 2(1) amends the Coastal Barrier Resources Act by 
establishing a set of criteria to serve as a guide to the 
Congress, the U.S. Fish and Wildlife Service, and the public to 
determine whether a coastal barrier should be considered 
developed, and therefore excluded from the CBRS. The criteria 
are based on a rule that was proposed by the Department of the 
Interior in August of 1982, but was never finalized (47 FR 
35696). Despite never being finalized, the proposed rule has 
long served as a guideline for Congress and the Fish and 
Wildlife Service when they review suggested changes to the 
CBRS. In accordance with the proposed rule, this section would 
consider an area developed if it has more than 1-structure per 
5-acres, or a full complement of infrastructure--which is 
defined to include water supply, wastewater disposal, 
electricity, and paved roads.
    Section 2(2) is a technical amendment to reflect that the 
House of Representatives Committee on Resources was granted 
jurisdiction of the Coastal Barrier Resources Act as part of a 
1995 House Committee reorganization.
Sec. 3. Voluntary Additions to John H. Chafee Coastal Barrier Resources 
        System
    Section 3(a) authorizes the Secretary to include, at the 
owner's request, any coastal barrier land into the System 
provided that the parcel is an undeveloped coastal barrier. The 
Secretary is required to keep a copy of the official map in the 
office of the Director of the Fish and Wildlife Service, the 
Secretary must also provide copies of the map to the affected 
State, the Senate Committee on Environment and Public Works, 
the House Committee on Resources, and the Federal Emergency 
Management Agency. The Secretary also is required to publish in 
the Federal Register a notice of the proposed boundary change.
    Section 3(b) consolidates into a single section the 
description procedures for the Secretary to change unit 
boundaries and add property to the System, as well as the 
notification and reporting requirements for making those 
changes.
Sec. 4. Technical Amendments
    Section 4(a) strikes Section 10 of CBRA (16 U.S.C. 3509). 
Section 10 required the Secretary to prepare a report by 1985 
to recommend additions to the System. The report was submitted, 
and many of the recommendations were adopted in the 1988 Great 
Lakes Coastal Barrier Act and the 1990 Coastal Barrier 
Improvement Act.
Sec. 5. Authorization of Appropriations
    Section 5 authorizes appropriations of $2,000,000 for each 
of fiscal years 2001 through 2004, and $3,000,000 for each of 
fiscal years 2005 through 2007, to implement the Coastal 
Barrier Resources Act.
Sec. 6. Digital Mapping Pilot Project
    Section 6(a) requires the Secretary to complete a pilot 
project to determine the feasibility and cost of creating 
digital versions of the Coastal Barrier System maps. The pilot 
project will create digital maps for at least 75 units, 
including 25 otherwise protected areas, of the Coastal Barrier 
Resources System.
    Section 6(b) requires the Secretary to use existing digital 
spatial data, shoreline, elevation, and bathymetric data, and 
electronic navigational charts from Federal agencies, whenever 
possible. If the available data or charts are inadequate to 
carry out this section, the Secretary is authorized to enter 
into an agreement with the Director of the U.S. Geological 
Survey to collect the necessary information.
    Section 6(c) clarifies that the digital maps do not 
supercede Coastal Barrier Resources System maps previously 
approved by Congress.
    Section 6(d) requires the Secretary to submit to Congress a 
report within 3 years on the progress made in digitalizing the 
maps, cooperative agreements with other Federal agencies, the 
need for additional data, the extent that the boundary lines on 
the digital maps differ from those on the original paper maps, 
and the estimated cost of digitally mapping the entire System.
    Section 6(e) authorizes appropriations of $500,000 for each 
fiscal year 2001 through 2003 to carry out the digital mapping 
pilot project.
Sec. 7. Economic Assessment of John H. Chafee Coastal Barrier Resources 
        System
    Section 7 requires the Secretary to submit to Congress a 
report that analyzes the past and estimated future savings of 
Federal funds as a result of the Coastal Barrier Resources Act.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes the following 
evaluation of the regulatory impact of the reported bill. The 
reported bill will have no regulatory impact. This bill will 
not have any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 1752 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments. All of its governmental 
directives are imposed on Federal agencies. The bill does not 
directly impose any private sector mandates.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 24, 2000.

Hon. Robert C. Smith, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1752, the Coastal 
Barrier Resources Reauthorization Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis, 
who can be reached at 226-2860.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

S. 1752, Coastal Barrier Resources Reauthorization Act of 1999, As 
        ordered reported by the Senate Committee on Environment and 
        Public Works on February 9, 2000
Summary
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 1752 would cost $12.5 million 
over the 2000-2005 period. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply.
    S. 1752 would reauthorize the Coastal Barrier Resources 
Act. For programs carried out under the act, the bill would 
authorize the appropriation of $2 million annually for fiscal 
years 2001 through 2004 and $3 million annually for fiscal 
years 2005 through 2007. Section 6 of the bill would direct the 
U.S. Fish and Wildlife Service (USFWS) to undertake a pilot 
project to determine the feasibility and cost of creating 
digital maps of the Coastal Barrier Resources System. The 
agency would have 3 years to report its findings to the 
Congress. For this purpose, section 5 would authorize the 
appropriation of $500,000 annually for fiscal years 2001 
through 2003.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on State, local, or tribal 
governments.
Estimated Cost to the Federal Government
    CBO estimates that implementing S. 1752 would cost $2.5 
million a year for 2001, 2002, and 2003; $2 million for 2004; 
and $3 million for 2005. The program received an appropriation 
of $0.6 million for 2000. The costs of this legislation fall 
within budget function 300 (natural resources and environment).
Basis of Estimate
    For purposes of this estimate, CBO assumes that the full 
amounts authorized for managing the Coastal Barrier Resources 
System and conducting the pilot program on digital mapping will 
be appropriated for each fiscal year.

Pay-as-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact
    S. 1752 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on State, 
local, or tribal governments.
Previous CBO Estimate
    On June 22, 1999, CBO transmitted a cost estimate for H.R. 
1431, the Coastal Barrier Resources Reauthorization Act of 
1999, as ordered reported by the House Committee on Resources 
on June 9, 1999. The amounts authorized to be appropriated by 
the two bills are different, and this difference is reflected 
in the cost estimates. In particular, H.R. 1431 would authorize 
the appropriation of $6.5 million over the 2000-2004 period, 
while S.1752 would authorize $9.5 million over that period and 
additional amounts after 2004. In addition, we estimated that 
enactment of H.R. 1431 could affect direct spending, but in 
amounts less than $500,000 each year.

Estimate Prepared by: Deborah Reis (226-2860).

Estimate Approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              


               UNITED STATES CODE--TITLE 16--CONSERVATION

               Chapter 55--Coastal Barrier Resources \1\
---------------------------------------------------------------------------

    \1\ Public Law 97-348, Sec. 2, Oct. 18, 1982, 96 Stat. 1653; Public 
Law 100-107, title II, Sec. 204(c)(1), Nov. 23, 1988, 102 Stat. 4714; 
Public Law 104-148, Sec. 2, May 24, 1996, 110 Stat. 1378; Public Law 
140-265, title II, Sec. 201, Oct. 9, 1996, 110 Stat. 3289; Public Law 
104-333, div. I, title II, Sec. 222, Nov. 12, 1996, 110 Stat. 4115.
---------------------------------------------------------------------------

Sec. 3501. Congressional statement of findings and purpose

    (a) The Congress finds that--
            (1) coastal barriers along the Atlantic and Gulf 
        coasts and along the shore areas of the Great Lakes 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, nesting, 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 
        damaged 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 sediments 
        undermine manmade structures;
            (4) certain actions and programs of the Federal 
        Government have subsidized and permitted development on 
        coastal barriers and the result has been the loss of 
        barrier resources, threats to human life, health, and 
        property, and the expenditure of millions 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) The Congress declares that it is the purpose of this 
chapter to minimize the loss of human life, wasteful 
expenditure of Federal revenues, and the damage to fish, 
wildlife, and other natural resources associated with the 
coastal barriers along the Atlantic and Gulf coasts and along 
the shore areas of the Great Lakes by restricting future 
Federal expenditures and financial assistance which have the 
effect of encouraging development of coastal barriers, by 
establishing a Coastal Barrier Resources System, 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. 3502. Definitions

    [For purposes of this chapter--
            [(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 feature and associated habitats 
                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.]
    In this Act:
            (1) Undeveloped coastal barrier.--
                    (A) In general.--The term `undeveloped 
                coastal barrier' means--
                            (i) a 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
                            (ii) all associated aquatic 
                        habitats, including the adjacent 
                        wetlands, marshes, estuaries, inlets, 
                        and nearshore waters.
                    (B) Exclusions.--The term `undeveloped 
                coastal barrier' excludes a feature or habitat 
                described in subparagraph (A) if, as of the 
                date on which the feature or habitat is added 
                to the System--
                            (i) the density for the unit in 
                        which the feature or habitat is located 
                        is equal to or greater than 1 structure 
                        per 5 acres of land above the mean high 
                        tide, which structure--
                                    (I) is a walled and roofed 
                                building (other than a gas or 
                                liquid storage tank) that is 
                                principally above ground and 
                                affixed to a permanent site, 
                                including a manufactured home 
                                on a permanent foundation; and
                                    (II) covers at least 200 
                                square feet; or
                            (ii) the feature or habitat 
                        contains infrastructure consisting of--
                                    (I) a road, to each lot or 
                                building site, that is under 
                                the jurisdiction of, and 
                                maintained by, a public 
                                authority and is open to the 
                                public;
                                    (II) a wastewater disposal 
                                system for each lot or building 
                                site;
                                    (III) electric service for 
                                each lot or building site; and
                                    (IV) availability of a 
                                fresh water supply for each lot 
                                or building site.
            (2) The term ``Committees'' [refers to the 
        Committee on Merchant Marine and Fisheries] means the 
        Committee on Resources 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) deposit or account insurance for 
                customers of banks, savings and loan 
                associations, credit unions, or similar 
                institutions;
                    (B) the purchase of mortgages or loans by 
                the Government National Mortgage Association, 
                the Federal National Mortgage Association, or 
                the Federal Home Loan Mortgage Corporation;
                    (C) assistance for environmental studies, 
                planning, and assessments that are required 
                incident to the issuance of permits or other 
                authorizations under Federal law; and
                    (D) 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 
                October 1, 1983, such term includes flood 
                insurance described in section 4028 of title 
                42.]
            (4) The term ``Great Lakes'' means Lake Ontario, 
        Lake Erie, Lake Huron, Lake St. Clair, Lake Michigan, 
        and Lake Superior, to the extent that those lakes are 
        subject to the jurisdiction of the United States.
            (5) The term ``Secretary'' means the Secretary of 
        the Interior.
            (6) The term ``System'' means the Coastal Barrier 
        Resources System established by section 3503(a) of this 
        title.
            (7) 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 
        3503 of this title.

Sec. 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 on the maps on file with the Secretary entitled 
``Coastal Barrier Resources System'', dated October 24, 1990, 
as such maps may be revised by the Secretary under section 4 of 
the Coastal Barrier Improvement Act of 1990.] 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 `Coastal Barrier Resources System', dated October 24, 
1990, as those maps may be modified, revised, or corrected 
under--
            (1) subsection (c) or (d);
            (2) section 4 of the Coastal Barrier Improvement 
        Act of 1990 (16 U.S.C. 3503 note; Public Law 101-591); 
        or
            (3) any other provision of law enacted on or after 
        November 16, 1990, that specifically authorizes the 
        modification, revision, or correction.
    (b) System maps.--The Secretary shall keep the maps 
referred to in subsection (a) of this section 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.
    (c) Boundary review and modification.--At least once every 
5 years, the Secretary shall review the maps referred to in 
subsection (a) of this section 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.
    (d) Additions to System.--
            (1) In general.--The Secretary may add a parcel of 
        real property to the System, if--
                    (A) the owner of the parcel requests, in 
                writing, that the Secretary add the parcel to 
                the System; and
                    (B) the parcel is a feature or habitat 
                covered by section 3(1).
            (2) Maps.--The Secretary shall--
                    (A) keep a map showing the location of each 
                parcel of real property added to the System 
                under paragraph (1) 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;
                    (B) provide a copy of the map to--
                            (i) the State in which the property 
                        is located;
                            (ii) the Committees; and
                            (iii) the Federal Emergency 
                        Management Agency; and
                    (C) revise the maps referred to in 
                subsection (a) to reflect each addition of real 
                property to the System under paragraph (1), 
                after publishing in the Federal Register a 
                notice of any such proposed revision.

Sec. 3504. Limitations on Federal expenditures affecting the System

    (a) Construction or purchase of structure, facility, road, 
airport, etc.; projects to prevent erosion; exceptions.--Except 
as provided in section 3505 of this title, no new expenditures 
or new financial assistance may be made available under 
authority of any Federal law for any purpose within the System, 
including, but not limited to--
            (1) the construction or purchase of any structure, 
        appurtenance, 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 3503 of this title on 
        maps numbered S01 through S08 and LA07 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) New expenditures or new financial assistance.--An 
expenditure or financial assistance made available under 
authority of Federal law shall, for purposes of this chapter, 
be a new expenditure or new financial assistance if--
            (1) in any case with respect to which specific 
        appropriations are required, no money for construction 
        or purchase purposes was appropriated before the date 
        on which the relevant System unit or portion of the 
        System unit was included within the System under this 
        chapter or the Coastal Barrier Improvement Act of 1990; 
        or
            (2) no legally binding commitment for the 
        expenditure or financial assistance was made before 
        such date. Sec. 3505. Exceptions to limitations on 
        expenditures
    (a) In general.--Notwithstanding section 3504 of this 
title, 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, extraction, 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 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 
        rehabilitation 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 chapter:
                    (A) Projects for the study, management, 
                protection, and enhancement of fish and 
                wildlife resources and habitats, including 
                acquisition of fish and wildlife habitats and 
                related lands, stabilization projects for fish 
                and wildlife habitats, and recreational 
                projects.
                    (B) 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. 460l-4 
                through 11) and the Coastal Zone Management Act 
                of 1972 (16 U.S.C. 1451 et seq.).
                    (D) Scientific research, including 
                aeronautical, 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 5170a, 5170b, and 5192 of 
                title 42 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) of this section, 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) of this section shall not 
apply to a highway--
            (1) located in a unit of the System in Michigan; 
        and
            (2) in existence on November 16, 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 expenditures or financial assistance within 
        the System under section 3504 of this title shall not 
        apply to expenditures or assistance provided for 
        services 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 
        3503(a) of this title) 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 boundaries 
        of unit T-11 of the System that facilitate an activity 
        within that unit that is not consistent with the 
        purposes of this chapter.
            (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 Housing 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 chapter.
                    (B) ``Financial assistance'' defined.--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.

Sec. 3506. Certification of compliance

    (a) Regulations.--Not later than 12 months after November 
16, 1990, the head of each Federal agency affected by this 
chapter shall promulgate regulations to assure compliance with 
the provisions of this chapter.
    (b) Certification.--The head of each Federal agency 
affected by this chapter shall report and certify that each 
such agency is in compliance with the provisions of this 
chapter. Such reports and certifications shall be submitted 
annually to the Committees and the Secretary.

Sec. 3507. Priority of laws

    Nothing contained in this chapter shall be construed as 
indicating an intent on the part of the Congress to change the 
existing relationship 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 chapter 
shall be construed to invalidate any provision 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 chapter shall in no way be interpreted to 
interfere with a State's right to protect, rehabilitate, 
preserve, and restore lands within its established boundary.

Sec. 3508. Separability

    If any provision of this chapter or the application thereof 
to any person or circumstance is held invalid, the remainder of 
the chapter and the application of such provision to other 
persons not similarly situated or to other circumstances shall 
not be affected thereby.

[Sec. 3509. Report to Congress

    [(a) Time of report.--Before the close of the 3-year period 
beginning on October 18, 1982, the Secretary shall prepare and 
submit to the Committees a report regarding the System.
    [(b) Consultations and public comment.--The Secretary shall 
prepare the report required under subsection (a) of this 
section 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) Contents.--The report required under subsection (a) of 
this section shall contain--
            [(1) recommendations for the conservation of the 
        fish, wildlife, and other natural resources of the 
        System based on an evaluation and comparison of all 
        management alternatives, and combinations thereof, such 
        as State and local actions (including management plans 
        approved under the Coastal Zone Management 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 
        organizations 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 
        Governors 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 6702 
        of title 31 have had on undeveloped coastal barriers.

[Sec. 3510. Authorization of appropriations

    [There are authorized to be appropriated to the Secretary 
for carrying out this chapter $2,000,000 for each of fiscal 
years 1995 to 1998.]

Sec. 3509. Authorization of appropriations

    There are authorized to be appropriated to the Secretary to 
carry out this Act $2,000,000 for each of fiscal years 2001 
through 2004 and $3,000,000 for each of fiscal years 2005 
through 2007.

                                  
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