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Title 16 — Conservation

Chapter 55 — Coastal Barrier Resources

§ 3502. Definitions

Statutory text

(a)

In general

For purposes of this chapter:

(1)

Coastal barrier

The term “coastal barrier” means—

(A)

a depositional geologic feature (such as a bay barrier, tombolo, barrier spit, bluff, 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.

(2)

Committees

The term “Committees” means the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate.

(3)

Financial assistance

(A)

In general

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—

(i)

deposit or account insurance for customers of banks, savings and loan associations, credit unions, or similar institutions;

(ii)

the purchase of mortgages or loans by the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation;

(iii)

assistance for environmental studies, planning, and assessments that are required incident to the issuance of permits or other authorizations under Federal law; and

(iv)

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.

(B)

Flood insurance

The term “financial assistance” includes flood insurance described in section 4028 of title 42.

(4)

Great Lakes

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)

Otherwise Protected Area

(A)

In general

The term “Otherwise Protected Area” means any unit of the System that, at the time of designation, was predominantly composed of areas established under Federal, State, or local law, or held by a qualified organization, primarily for wildlife refuge, wildlife sanctuary, recreational, or natural resource conservation purposes.

(B)

Qualified organization

For purposes of subparagraph (A), the term “qualified organization” has the meaning given the term in section 170(h)(3) of title 26.

(6)

Secretary

The term “Secretary” means the Secretary of the Interior.

(7)

System

The term “System” means the John H. Chafee Coastal Barrier Resources System established under section 3503(a) of this title.

(8)

System unit

The term “System unit” means any undeveloped coastal barrier, or combination of closely-related undeveloped coastal barriers, included within the John H. Chafee Coastal Barrier Resources System established under section 3503(a) of this title.

(9)

Undeveloped coastal barrier

The term “undeveloped coastal barrier” means a coastal barrier the features and associated habitats of which contain few manmade structures and these structures, and man’s activities on such features and within such habitats, do not significantly impede geomorphic and ecological processes.

(b)

Savings clause

Nothing in this section supersedes the official maps described in section 3503(a) of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Coastal Barrier Resources Act

    Pub. L. 97–348 § 3 · 96 Stat. 1653

    Enacted · 16 U.S.C. § 3502

    Pub. L. 97–348, § 3, Oct. 18, 1982, 96 Stat. 1653

    Source evidence

    Code source credit
    Pub. L. 97–348, § 3, Oct. 18, 1982, 96 Stat. 1653

    Enacted provision · exact public law section
    SEC. 3. DEFINITIONS. For purposes of this Act— (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 (B) 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 as defined in section 170(h)(3) of the Internal Revenue Code of 26 USC 170. 1954, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes. (2) The term “Committees” refers to the Committee on Merchant 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 Government 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 October 1, 1983, such term includes flood insurance Effective date. described in section 1321 of the National Flood Insurance Act of 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.

  2. Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 title XIV § 14001(b)(5) · 100 Stat. 82

    1. Struck · 16 U.S.C. § 3502(3)

      Pub. L. 99–272 struck out subpar. (A) relating to general revenue-sharing grants made under section 6702 of title 31

    2. Redesignated · 16 U.S.C. § 3502(3)

      Pub. L. 99–272 redesignated subpars. (B) to (E) as (A) to (D), respectively

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 99–272 struck out subpar. (A) relating to general revenue-sharing grants made under section 6702 of title 31, and redesignated subpars. (B) to (E) as (A) to (D), respectively.

    Enacted provision · exact public law section
    (5) Paragraph (3) of section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502(3)) is amended by striking out subparagraph (A) and redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (A), (B), (C), and (D), respectively.

    Effective date note
    Amendment by Pub. L. 99–272, effective Oct. 18, 1986, see section 14001(e) of Pub. L. 99–272.

  3. Tax Reform Act of 1986

    Pub. L. 99–514 § 2 · 100 Stat. 2085

    Substituted · 16 U.S.C. § 3502(1)

    Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

    Enacted provision · exact public law section
    SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

  4. Great Lakes Coastal Barrier Act of 1988

    Pub. L. 100–707 title II § 204(c)(2) · 102 Stat. 4689

    1. Added · 16 U.S.C. § 3502(4)(7)

      Pub. L. 100–707 added pars. (4) and (6)

    2. Redesignated · 16 U.S.C. § 3502(4)(7)

      Pub. L. 100–707 redesignated former pars. (4) and (5) as (5) and (7), respectively

    Source evidence

    Code amendment note
    Pars. (4) to (7). Pub. L. 100–707 added pars. (4) and (6) and redesignated former pars. (4) and (5) as (5) and (7), respectively.

    Enacted provision · exact public law section
    (2) Definitions.— Section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502) is amended as follows: (A) Redesignation.— Paragraphs (4) and (5), and any reference thereto, are redesignated as paragraphs (5) and (7), respectively. (B) Great lakes defined.— The following is inserted after paragraph (3): “(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.”. (C) System maps defined.— The following is inserted after paragraph (5) (as redesignated): “(6) The term ‘system maps’ means— “(A) the maps that are entitled ‘Coastal Barrier Resources System’, numbered A01 through T12 (but excluding maps T02 and T03) and dated September 30, 1982, and the maps numbered T02A and T03A and dated December 8, 1982; and “(B) the maps prepared under section 4(b) of this Act and any modification to those maps under that section.”.

  5. Coastal Barrier Improvement Act of 1990

    Pub. L. 101–591 § 2(c) · 104 Stat. 2931

    1. Struck · 16 U.S.C. § 3502(1)

      Pub. L. 101–591, § 2(c), in concluding provisions, struck out cl. (i) designation

    2. Inserted · 16 U.S.C. § 3502(1)

      Pub. L. 101–591, § 2(c), in concluding provisions, inserted a period after “processes”

    3. Struck · 16 U.S.C. § 3502(1)

      Pub. L. 101–591, § 2(c), in concluding provisions, struck out at end “, and (ii) are not included within the boundaries of an area established under Federal, State, or local law, or held by a qualified organization as defined in section 170(h)(3) of title 26, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes.”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 101–591, § 2(c), in concluding provisions, struck out cl. (i) designation, inserted a period after “processes”, and struck out at end “, and (ii) are not included within the boundaries of an area established under Federal, State, or local law, or held by a qualified organization as defined in section 170(h)(3) of title 26, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes.”

    Enacted provision · exact public law section
    (c) Otherwise Protected Areas.— Section 3(1) of the Act (16 U.S.C. 3502(1)) is amended— (1) by striking “(i)” immediately before “contain few”; and (2) by inserting a period immediately following “ecological processes” and striking the balance of the sentence.”.

  6. Coastal Barrier Improvement Act of 1990

    Pub. L. 101–591 § 2(a) · 104 Stat. 2931

    1. Redesignated · 16 U.S.C. § 3502(1)(A)

      Pub. L. 101–591, § 2(a), redesignated cls. (ii) and (iii) as (i) and (ii), respectively

    2. Struck · 16 U.S.C. § 3502(1)(A)

      Pub. L. 101–591, § 2(a), struck out former cl. (i) which read as follows: “consists of unconsolidated sedimentary materials,”

    Source evidence

    Code amendment note
    Par. (1)(A). Pub. L. 101–591, § 2(a), redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i) which read as follows: “consists of unconsolidated sedimentary materials,”.

    Enacted provision · exact public law section
    (a) Undeveloped Coastal Barrier.— The Coastal Barrier Re-sources Act is amended in section 3(1)(A) (16 U.S.C. 35O2(1)(A))— (1) by striking clause (i); and (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively.

  7. Coastal Barrier Improvement Act of 1990

    Pub. L. 101–591 § 2(b)(1) · 104 Stat. 2931

    Amended · 16 U.S.C. § 3502(6)

    Pub. L. 101–591, § 2(b)(1), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The term ‘system maps’ means—

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 101–591, § 2(b)(1), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The term ‘system maps’ means—

    “(A) the maps that are entitled ‘Coastal Barrier Resources System’, numbered A01 through T12 (but excluding maps T02 and T03) and dated September 30, 1982, and the maps numbered T02A and T03A and dated December 8, 1982; and “(B) the maps prepared under section 3503(b) of this title and any modification to those maps under that section.”

    Enacted provision · exact public law section
    (1) Repeal and addition of definition.— Section 3(6) of the Coastal Barrier Resources Act (16 U.S.C. 3502(6)) is amended to read as follows: “(6) The term ‘System’ means the Coastal Barrier Resources System established by section 4(a).”.

  8. Pub. L. 106–167 § 3(c)(2) · 113 Stat. 1803

    Substituted · 16 U.S.C. § 3502(6); 16 U.S.C. § 3502(7)

    Pub. L. 106–167 substituted “John H. Chafee Coastal Barrier Resources System” for “Coastal Barrier Resources System”

    Source evidence

    Code amendment note
    Pars. (6), (7). Pub. L. 106–167 substituted “John H. Chafee Coastal Barrier Resources System” for “Coastal Barrier Resources System”.

    Enacted provision · exact public law section
    (2) Section 3 of the Coastal Barrier Resources Act (16U.S.C. 3502) is amended by striking “Coastal Barrier Resources System” each place it appears and inserting “John H. Chafee Coastal Barrier Resources System”.

  9. Pub. L. 106–514 § 4(a)(1) · 114 Stat. 2394

    Substituted · 16 U.S.C. § 3502(2)

    Pub. L. 106–514, § 4(a)(1), substituted “means the Committee on Resources” for “refers to the Committee on Merchant Marine and Fisheries”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 106–514, § 4(a)(1), substituted “means the Committee on Resources” for “refers to the Committee on Merchant Marine and Fisheries”.

    Enacted provision · exact public law section
    (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”;

  10. Pub. L. 106–514 § 4(a)(2) · 114 Stat. 2394

    Substituted · 16 U.S.C. § 3502(3)

    Pub. L. 106–514, § 4(a)(2), substituted “Such” for “Effective October 1, 1983, such” in concluding provisions

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 106–514, § 4(a)(2), substituted “Such” for “Effective October 1, 1983, such” in concluding provisions.

    Enacted provision · exact public law section
    (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

  11. Pub. L. 118–117 title I § 101 · 138 Stat. 1608

    Amended · 16 U.S.C. § 3502

    Pub. L. 118–117 amended section generally. Prior to amendment, section defined terms for this chapter

    Unresolved: Pub. L. 118–117 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Pub. L. 118–117 amended section generally. Prior to amendment, section defined terms for this chapter.

15 of 16 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Amendments1986–2024 · 6 rounds

2024

Pub. L. 118–117 amended section generally. Prior to amendment, section defined terms for this chapter.

2000

Par. (2). Pub. L. 106–514, § 4(a)(1), substituted “means the Committee on Resources” for “refers to the Committee on Merchant Marine and Fisheries”.

Par. (3). Pub. L. 106–514, § 4(a)(2), substituted “Such” for “Effective , such” in concluding provisions.

1999

Pars. (6), (7). Pub. L. 106–167 substituted “John H. Chafee Coastal Barrier Resources System” for “Coastal Barrier Resources System”.

1990

Par. (1). Pub. L. 101–591, § 2(c), in concluding provisions, struck out cl. (i) designation, inserted a period after “processes”, and struck out at end “, and (ii) are not included within the boundaries of an area established under Federal, State, or local law, or held by a qualified organization as defined in section 170(h)(3) of title 26, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes.”

Par. (1)(A). Pub. L. 101–591, § 2(a), redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i) which read as follows: “consists of unconsolidated sedimentary materials,”.

Par. (6). Pub. L. 101–591, § 2(b)(1), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The term ‘system maps’ means—

“(A) the maps that are entitled ‘Coastal Barrier Resources System’, numbered A01 through T12 (but excluding maps T02 and T03) and dated , and the maps numbered T02A and T03A and dated ; and

“(B) the maps prepared under section 3503(b) of this title and any modification to those maps under that section.”

1988

Pars. (4) to (7). Pub. L. 100–707 added pars. (4) and (6) and redesignated former pars. (4) and (5) as (5) and (7), respectively.

1986

Par. (1). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Par. (3). Pub. L. 99–272 struck out subpar. (A) relating to general revenue-sharing grants made under section 6702 of title 31, and redesignated subpars. (B) to (E) as (A) to (D), respectively.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, .

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–272, effective , see section 14001(e) of Pub. L. 99–272.

Credits

1982–2024 · 8 acts
  1. 1982Pub. L. 97–348, § 3, , 96 Stat. 1653
  2. 1986Pub. L. 99–272, title XIV, § 14001(b)(5), , 100 Stat. 329
  3. 1986Pub. L. 99–514, § 2, , 100 Stat. 2095
  4. 1988Pub. L. 100–707, title II, § 204(c)(2), , 102 Stat. 4714
  5. 1990Pub. L. 101–591, § 2(a), (b)(1), (c), , 104 Stat. 2931
  6. 1999Pub. L. 106–167, § 3(c)(2), , 113 Stat. 1804
  7. 2000Pub. L. 106–514, § 4(a)(1), (2), , 114 Stat. 2396
  8. 2024Pub. L. 118–117, title I, § 101, , 138 Stat. 1608.
Show as published

(Pub. L. 97–348, § 3, , 96 Stat. 1653; Pub. L. 99–272, title XIV, § 14001(b)(5), , 100 Stat. 329; Pub. L. 99–514, § 2, , 100 Stat. 2095; Pub. L. 100–707, title II, § 204(c)(2), , 102 Stat. 4714; Pub. L. 101–591, § 2(a), (b)(1), (c), , 104 Stat. 2931; Pub. L. 106–167, § 3(c)(2), , 113 Stat. 1804; Pub. L. 106–514, § 4(a)(1), (2), , 114 Stat. 2396; Pub. L. 118–117, title I, § 101, , 138 Stat. 1608.)

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