Ninety-seventh Congress of the United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington 
on Monday, the twenty-fifth day of January, 
one thousand nine hundred and eighty-two 

An Act 

To protect and conserve fish and wildlife resources, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the “Coastal Barrier Resources Act”. 

SEC. 2. FINDINGS AND PURPOSE. 

(a) FINDINGS. – The Congress finds that– 
(1) coastal barriers along the Atlantic and Gulf coasts 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) PURPOSE. – The Congress declares that it is the purpose of this Act 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 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. 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 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 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.


SEC. 4. THE COASTAL BARRIER RESOURCES SYSTEM.


(a) ESTABLISHMENT. – (1) There is established the Coastal Barrier Resources
System which shall consist of those undeveloped coastal barriers located on the
Atlantic and Gulf coasts of the United States that are identified and generally
depicted on the maps that are entitled “Coastal Barrier Resources System”,
numbered A01 through T12, and dated September 30, 1982.
(2) Any person or persons or other entity owning or controlling land on an
undeveloped coastal barrier, associated landform or any portion thereof not within
the Coastal Barrier Resources System established under paragraph (1) may,
within one year after the date of enactment of this Act, elect to have such land
included within the Coastal Barrier Resources System. This election shall be
made in compliance with regulations established for this purpose by the Secretary
not later than one hundred and eighty days after the date of enactment of this Act;
and, once made and filed in accordance with the laws regulating the sale or other
transfer of land or other real property of the State in which such land is located,
shall have the same force and effect as if such land had originally been included
within the Coastal Barrier Resources System.
(b)(1) As soon as practicable after the enactment of this Act, the maps referred to
in paragraph (1) of subsection (a) shall be filed with the Committees by the
Secretary, and each such map shall have the same force and effect as if included
in this Act, except that correction of clerical and typographical errors in each such
map may be made. Each such map shall be on file and available for public
inspection in the Office of the Director of the United States Fish and Wildlife
Service, Department of the Interior, and in other appropriate offices of the
Service.
(2) As soon as practicable after the date of the enactment of this Act, the Secretary
shall provide copies of the maps referred to in paragraph (1) of subsection (a) to
the chief executive officer of (A) each State and county or equivalent jurisdiction
in which a system unit is located, (B) each State coastal zone management agency
in those States which have a coastal zone management plan approved pursuant to
section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455) and
in which a system unit is located, and (C) each appropriate Federal agency.
(c) BOUNDARY MODIFICATIONS. – (1) Within 180 days after the date of
enactment of this Act, the Secretary may make such minor and technical
modifications to the boundaries of system units as depicted on the maps referred
to in paragraph (1) of subsection (a) as are consistent with the purposes of this Act
and necessary to clarify the boundaries of said system units; except that, for



system units within States which have, on the date of enactment, a coastal zone 
management plan approved pursuant to section 306 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1455)– 

(A) each appropriate State coastal zone management agency may within 90
days after the date of enactment of this Act, submit to the Secretary proposals
for such minor and technical modifications; and
(B) the Secretary may, within 180 days after the date of enactment of this Act,
make such minor and technical modifications to the boundaries of such
system units.


(2) The Secretary shall, not less than 30 days prior to the effective date of any 
such boundary modification made under the authority of paragraph (1), submit 
written notice of such modification to (A) each of the Committees and (B) each of 
the appropriate officers referred to in paragraph (2) of subsection (b). 
(3) The Secretary shall conduct, at least once every five years, a review of the 
maps referred to in paragraph (1) of subsection (a) and make, in consultation with 
the appropriate officers referred to in paragraph (2) of subsection (b), 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 
units as a result of natural forces. 
(4) If, in the case of any minor and technical modification to the boundaries of 
system units made under the authority of this subsection, 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)(A), the 
Secretary shall submit to the chief executive officer a written justification for his 
failure to make modifications consistent with such comments or proposals. 

SEC. 5. LIMITATIONS ON FEDERAL EXPENDITURES AFFECTING THE 
SYSTEM. 

(a) Except as provided in section 6, no new expenditures or new financial 
assistance may be made available under authority of any Federal law for any 
purpose within the Coastal Barrier Resources 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 4
on maps numbered S01 through S08 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) An expenditure or financial assistance made available under authority of 
Federal law shall, for purposes of this Act, 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
of the enactment of this Act; or
(2) no legally binding commitment for the expenditure or financial assistance
was made before such date of enactment.


SEC. 6. EXCEPTIONS. 

(a) Notwithstanding section 5, the appropriate Federal officer, after consultation 
with the Secretary, may make Federal expenditures or financial assistance 
available within the Coastal Barrier Resources System for– 

(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 coastal water areas because the use or facility requires access to
the coastal water body;
(2) the maintenance of existing channel improvements and related structures,
such as jetties, and including the disposal of dredge materials related to such
improvements;
(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; and
(6) any of the following actions or projects, but only if the making available of
expenditures or assistance therefor is consistent with the purposes of this Act:


(A) Projects for the study, management, protection and enhancement of
fish and wildlife resources and habitats, including, but not limited to,
acquisition of fish and wildlife habitats and related lands, stabilization
projects for fish and wildlife habitats, and recreational projects.
(B) The 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. 4601–4 through 11) and the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.).
(D) Scientific research, including but not limited to 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 305 and 306 of the Disaster Relief Act



of 1974 (42 U.S.C. 5145 and 5146) 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) The maintenance, replacement, reconstruction, or repair, but not the 

expansion, of publicly owned or publicly operated roads, structures, or 

facilities. 

(G) Nonstructural projects for shoreline stabilization that are designed to 

mimic, enhance, or restore natural stabilization systems. 
(b) For purposes of subsection (a)(2), a channel improvement or a related 
structure shall be treated as an existing improvement or an existing related 
structure only if all, or a portion, of the moneys for such an improvement or 
structure was appropriated before the date of the enactment of this Act. 

SEC. 7. CERTIFICATION OF COMPLIANCE. 

The Director of the Office of Management and Budget shall, on behalf of each 
Federal agency concerned, make written certification that each such agency has 
complied with the provisions of this Act during each fiscal year beginning after 
September 30, 1982. Such certification shall be submitted on an annual basis to 
the House of Representatives and the Senate pursuant to the schedule required 
under the Congressional Budget and Impoundment Control Act of 1974. 

SEC. 8. PRIORITY OF LAWS. 

Nothing contained in this Act 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 Act 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 Act 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. 9. SEPARABILITY. 

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


SEC. 10. REPORTS TO CONGRESS.


(a) IN GENERAL. – Before the close of the 3-year period beginning on the date
of the enactment of this Act, the Secretary shall prepare and submit to the
Committees a report regarding the System.
(b) CONSULTATION IN PREPARING REPORT. – The Secretary shall prepare
the report required under subsection (a) 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) REPORT CONTENT. – The report required under subsection (a) 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 102 of the State and Local Fiscal Assistance Amendments of
1972 (31 U.S.C. 1221) have had on undeveloped coastal barriers.


SEC. 11. AMENDMENTS REGARDING FLOOD INSURANCE. 

(a) Section 1321 of the National Flood Insurance Act of 1968 (42 U.S.C. 4028) is 
amended to read as follows: 

“UNDEVELOPED COASTAL BARRIERS 

“SEC. 1321. No new flood insurance coverage may be provided under this title on
or after October 1, 1983, for any new construction or substantial improvements of
structures located on any coastal barrier within the Coastal Barrier Resources
System established by section 4 of the Coastal Barrier Resources Act. A federally
insured financial institution may make loans secured by structures which are not
eligible for flood insurance by reason of this section.”
(b) Section 341 (d)(2) of the Omnibus Budget and Reconciliation Act of 1981
(Public Law 97-35) is repealed.



SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to the Department of the Interior 
$1,000,000 for the period beginning October 1, 1982, and ending September 30, 
1985, for purposes of carrying out sections 4 and 10. 

Speaker of the House of Representatives 

Vice President of the United States and 
President of the Senate