[106th Congress Public Law 514]
[From the U.S. Government Printing Office]
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COASTAL BARRIER RESOURCES REAUTHORIZATION ACT OF 2000
[[Page 114 STAT. 2394]]
Public Law 106-514
106th Congress
An Act
To reauthorize and amend the Coastal Barrier Resources Act. <<NOTE: Nov.
13, 2000 - [S. 1752]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Coastal Barrier Resources
Reauthorization Act of 2000. 16 USC 3501 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Barrier Resources
Reauthorization Act of 2000''.
SEC. 2. GUIDELINES FOR CERTAIN RECOMMENDATIONS AND DETERMINATIONS.
Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503), as
otherwise amended by this Act, is further amended by adding at the end
the following:
``(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.--Nothing in this subsection supersedes
the official maps referred to in subsection (a).''.
[[Page 114 STAT. 2395]]
SEC. 3. VOLUNTARY ADDITIONS TO JOHN H. CHAFEE COASTAL BARRIER
RESOURCES SYSTEM.
(a) In General.--Section 4 of the Coastal Barrier Resources Act (16
U.S.C. 3503) is amended by inserting after subsection (c) the following:
``(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.''.
(b) Technical Amendments Relating to Additions of Excess Property.--
(1) In general.--Section 4(d) of the Coastal Barrier
Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101-
591)--
(A) is redesignated and moved so as to appear as
subsection (e) of section 4 of the Coastal Barrier
Resources Act (16 U.S.C. 3503); and
(B) is amended--
(i) in paragraph (1)--
(I) by striking ``one hundred and
eighty'' and inserting ``180''; and
(II) in subparagraph (B), by
striking ``shall''; and
(ii) in paragraph (2), by striking
``subsection (d)(1)(B)'' and inserting ``paragraph
(1)(B)''; and
(iii) by striking paragraph (3).
(2) Conforming amendments.--Section 4 of the Coastal Barrier
Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101-
591) is amended--
(A) in subsection (b)(2), by striking ``subsection
(d) of this section'' and inserting ``section 4(e) of
the Coastal Barrier Resources Act (16 U.S.C. 3503(e))'';
and
(B) by striking subsection (f).
(c) Additions to System.--Section 4 of the Coastal Barrier Resources
Act (16 U.S.C. 3503) is further amended by inserting after subsection
(e) (as added by subsection (b)(1)) the following:
``(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 copy 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) <<NOTE: Federal Register, publication.>> 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.''.
(d) Conforming Amendment.--Section 4(a) of the Coastal Barrier
Resources Act (16 U.S.C. 3503(a)) is amended by striking
[[Page 114 STAT. 2396]]
``which shall consist of'' and all that follows and inserting the
following: ``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 (f)(3);
``(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.''.
SEC. 4. CLERICAL AMENDMENTS.
(a) Coastal Barrier Resources Act.--The Coastal Barrier Resources
Act (16 U.S.C. 3501 et seq.) is amended--
(1) in section 3(2) (16 U.S.C. 3502(2)), by striking
``refers to the Committee on Merchant Marine and Fisheries'' and
inserting ``means the Committee on Resources'';
(2) in section 3(3) (16 U.S.C. 3502(3)), in the matter
following subparagraph (D), by striking ``Effective October 1,
1983, such'' and inserting ``Such''; and
(3) by repealing section 10 (16 U.S.C. 3509).
(b) Coastal Barrier Improvement Act of 1990.--Section 8 of the
Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law
101-591) is repealed.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 12 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is
redesignated as section 10, moved to appear after section 9, and amended
to read as follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Secretary to carry
out this Act $2,000,000 for each of fiscal years 2001, 2002, 2003, 2004,
and 2005.''.
SEC. 6. <<NOTE: 16 USC 3503 note.>> DIGITAL MAPPING PILOT PROJECT.
(a) In General.--
(1) Project.--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)).
(2) Number of units.--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''), \1/3\ 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)).
(b) Data.--
(1) Use of existing data.--To the maximum extent
practicable, in carrying out the pilot project under this
section,
[[Page 114 STAT. 2397]]
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.
(2) Provision of data by other agencies.--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.
(3) Additional data.--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.
(4) Data standards.--All data used or created to carry out
this section shall comply with--
(A) the National Spatial Data Infrastructure
established by Executive Order 12906 (59 Fed. Reg. 17671
(April 13, 1994)); and
(B) any other standards established by the Federal
Geographic Data Committee established by Office of
Management and Budget Circular A-16.
(c) Digital Maps Not Controlling.--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.
(d) Report.--
(1) In general.--Not <<NOTE: Deadline.>> later than 3 years
after the date of enactment of this Act, the Secretary shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on 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.
(2) Contents.--The report shall include a description of--
(A) the cooperative agreements that would be
necessary to complete digital mapping of the entire
System;
(B) the extent to which the data necessary to
complete digital mapping of the entire System are
available;
(C) the need for additional data to complete digital
mapping of the entire System;
(D) the extent to which the boundary lines on the
digital maps differ from the boundary lines on the
original maps; and
(E) the amount of funding necessary to complete
digital mapping of the entire System.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000 for
each of fiscal years 2002 through 2004.
SEC. 7. <<NOTE: 16 USC 3501 note.>> ECONOMIC ASSESSMENT OF JOHN H.
CHAFEE COASTAL BARRIER RESOURCES SYSTEM.
(a) In General.--Not <<NOTE: Deadline.>> later than 1 year after the
date of enactment of this Act, the Secretary of the Interior shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Resources of the House of Representatives an
economic assessment of the John H. Chafee Coastal Barrier Resources
System.
[[Page 114 STAT. 2398]]
(b) Required Elements.--The assessment shall consider the impact on
Federal expenditures of the Coastal Barrier Resources Act (16 U.S.C.
3501 et seq.), including impacts resulting from the avoidance of Federal
expenditures for--
(1) disaster relief under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(2) the national flood insurance program established under
chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C.
4011 et seq.); and
(3) development assistance for roads, potable water
supplies, and wastewater infrastructure.
Approved November 13, 2000.
LEGISLATIVE HISTORY--S. 1752 (H.R. 1431):
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HOUSE REPORTS: No. 106-218 accompanying H.R. 1431 (Comm. on Resources).
SENATE REPORTS: No. 106-252 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Sept. 27, considered and passed Senate.
Oct. 24, considered and passed House.
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