Public Law 101-591, Coastal Barrier Resources Act of 1990

Public Law 101-591—November 16, 1990
101ST CONGRESS

An Act
To reauthorize the Coastal Barrier Resources Act,
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 Improvement Act of 1990”.
SEC. 2. DEFINITION AMENDMENTS.
(a) UNDEVELOPED COASTAL BARRIER.-The Coastal Barrier Resources Act
is amended in section 3(1)(A) (16 U.S.C. 3502(1)(A))(1) by striking clause (i); and
(2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively.
(b) SYSTEM MAPS; SYSTEM.­
(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).”.
(2) CONFORMING AMENDMENTS.-Section 5 of the Coastal Barrier
Resources Act (16 U.S.C. 3504) is amended­
(A) in subsection (a), by striking “Coastal Barrier Resources”;

(B) in subsection (b)(1), by striking “of the enactment of this Act” and

inserting in lieu thereof “on which the relevant System unit or portion of the

System unit was included within the System under this Act or the Coastal

Barrier Improvement Act of 1990”; and

(C) at the end of subsection (b)(2), by striking “of enactment”.

(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.
SEC. 3. COASTAL BARRIER RESOURCES SYSTEM, GENERALLY.
Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503) is amended to
read as follows:

“SEC. 4. ESTABLISHMENT OF COASTAL BARRIER RESOURCES
SYSTEM.
“(a) ESTABLISHMENT.-There is established the 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.
“(b) SYSTEM MAPS.-The Secretary shall keep the maps referred to in
subsection (a) 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) 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.”.
SEC. 4. TECHNICAL REVISION OF MAPS; MODIFICATION OF
BOUNDARIES; ADDITIONS TO SYSTEM.
(a) TECHNICAL REVISION OF MAPS AND PROVISION TO STATE AND
LOCAL GOVERNMENT.-Not later than 180 days after the date of the
enactment of this Act, the Secretary shall­
(1) make such technical revisions to the maps referred to in section 4(a) of the

Coastal Barrier Resources Act (as amended by section 3 of this Act) as may be

necessary to correct existing clerical and typographical errors in the maps; and

(2) provide copies of the maps, as so revised, to­

(A) each State and each local government in which is located a unit of the

System;

(B) the coastal zone management agency of each State­

(i) in which is located a unit of the System; and

(ii) which has a coastal zone management program approved pursuant to

section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C.

1455); and

(C) appropriate Federal agencies.
(b) RECOMMENDATIONS OF STATE AND LOCAL GOVERNMENTS FOR
BOUNDARY MODIFICATIONS.-(1) Not later than 1 year after the date of the
enactment of this Act­
(A) a local government in which is located a unit of the System and which is in

a State which has a coastal zone management program approved pursuant to

section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455);

and

(B) the coastal zone management agency of a State in which is located a unit of

the System and which has such a program approved;
may each submit to the Secretary recommendations for minor and technical
modifications to the boundaries of existing units of the System located in that
local government or State, respectively.
(2) If, if the case of any minor and technical modification to the boundaries of
System units made under the authority of subsection (d) of this section, 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) of this subsection, the Secretary shall submit to the chief
executive officer a written justification for the failure to make modifications
consistent with such comments or proposals.
(c) ELECTIONS TO ADD TO SYSTEM.­
(1) PROVISION OF MAPS BY SECRETARY.-Not later than 180 days after

the date of the enactment of this Act, the Secretary shall provide­

(A) to each local government in which is located an undeveloped coastal

barrier not included within the System; and

(B) to the Governor of each State in which such an area is located;

maps depicting those undeveloped coastal barriers not included within the

System located in that local government or State, respectively.

(2) ELECTIONS.-Not later than 18 months after the date of the enactment of

this Act, a local government and the Governor of any State referred to in

paragraph (1), and any qualified organization­

(A) may each elect to add to the System, as a new unit or as an addition to an

existing unit, any area of qualified coastal barrier (or any portion thereof)

which is owned or held by the local government, State, or qualified

organization, respectively;

(B) shall notify the Secretary of that election; and

(C) shall submit to the Secretary a map depicting the area, if­

(i) the area (or portion) is not depicted on a map provided by the Secretary

under paragraph (1); or

(ii) the local government, State, or qualified organization was not provided

maps under paragraph (1).

(3) EFFECTIVE DATE OF ELECTION.-An area elected by a local

government, Governor of a State, or qualified organization to be added to the

system under this subsection shall be part of the System effective on the date

on which the Secretary publishes notice in the Federal Register under

subsection (e)(1)(C) with respect to that election.

(d) ADDITION OF EXCESS FEDERAL PROPERTY.­
(1) CONSULTATION AND DETERMINATION.-Prior to transfer or disposal
of excess property under the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.) that may be an undeveloped coastal barrier, the
Administrator of General Services shall consult with and obtain from the

Secretary a determination as to whether and what portion of the property

constitutes an undeveloped coastal barrier. Not later than one hundred and

eighty days after the initiation of such consultation, the Secretary shall make

and publish notice of such determination. Immediately upon issuance of a

positive determination, the Secretary shall­

(A) prepare a map depicting the undeveloped coastal barrier portion of such

property; and

(B) publish in the Federal Register notice of the addition of such property to

the System.

(2) EFFECTIVE DATE OF INCLUSION.-An area to be added to the System

under this subsection shall be part of the System effective on the date on which

the Secretary publishes notice in the Federal Register under subsection

(d)(1)(B) with respect to that area.

(3) REVISION OF MAPS.-As soon as practicable after the date on which a

unit is added to the System under subsection (d)(2), the Secretary shall revise

the maps referred to in section 4(a) of the Act (as amended by section 3 of this

Act) to reflect each such addition.

(e) MODIFICATION OF BOUNDARIES, REVISION OF MAPS, AND
PUBLICATION OF NOTICE.­
(1) IN GENERAL.-Not later than 2 years after the date of the enactment of this
Act, the Secretary­
(A) based on recommendations submitted by local governments and State

coastal zone management agencies under subsection (b), may make such

minor and technical modifications to the boundaries of existing units of the

System as are consistent with the purposes of the Coastal Barrier Resources

Act (16 U.S.C. 3501 et seq.) and are necessary to clarify the boundaries of

those units;

(B) shall revise the maps referred to in section 4(a) of the Act (as amended by

section 3 of this Act)-

(i) to reflect those modifications; and

(ii) to reflect each election of a local government, Governor of a State, or

qualified organization to add an area to the System pursuant to subsection

(c); and

(C) shall publish in the Federal Register notice of each such modification or

election.

(2) EFFECTIVE DATE OF MODIFICATIONS.-A modification of the

boundaries of a unit of the System under paragraph (1)(A) shall take effect on

the date on which the Secretary published notice in the Federal Register under

paragraph (1)(C) with respect to that modification.

(f)
NOTIFICATION
REGARDING
MODIFICATIONS
AND
ELECTIONS.-Not less than 30 days before the effective date of any modification
of the boundaries of a unit of the System under subsection (d)(1)(A), or of an
election of a local government, Governor of a State, or qualified organization to
add an area of qualified coastal barrier to the System pursuant to subsection (c) or
of an addition to the System pursuant to subsection (d), the Secretary shall submit
written notice of such modification or election to-

(1) the Committee on Merchant Marine and Fisheries of the House of

Representatives and the Committee on Environment and Public Works of the

Senate; and

(2) appropriate State and Federal officials.

SEC. 5. EXCEPTIONS TO LIMITATIONS ON FEDERAL EXPENDITURES.

(a) EXCEPTIONS, GENERALLY.-Section 6 of the Coastal Barrier Resources

Act (16 U.S.C. 3505) is amended to read as follows:

“SEC. 6. EXCEPTIONS TO LIMITATIONS ON EXPENDITURES.

“(a) IN GENERAL.-Notwithstanding section 5, 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 Act:

“(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. 4601-4 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 402, 403, and 502 of the Disaster Relief and

Emergency Assistance Act 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), 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) shall not apply to a highway­

“(1) located in a unit of the System in Michigan; and

“(2) in existence on the date of the enactment of the Coastal Barrier

Improvement Act of 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 5 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 4(a)) 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 Act.

“(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 Act.

“(B) DEFINITION OF FINANCIAL ASSISTANCE.-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.”.

(b) CONFORMING AMENDMENT.-Subsection (d) of section 204 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (16 U.S.C. 3505 note)
is repealed.

(c) APPLICATION OF EXISTING LOUISIANA EXCEPTION.-Section 5(a)(3)

of the Coastal Barrier Resources Act (16 U.S.C. 3504(a)(3)) is amended by

inserting “and LA07” after “S01 through S08”.

SEC. 6. PACIFIC COASTAL BARRIER PROTECTION STUDY AND MAPS.

IN GENERAL.­

(1) STUDY.-Not later than 6 months after the date of the enactment of this Act,

the Secretary shall prepare and submit to the Committee on Merchant Marine and

Fisheries of the House of Representatives and to the Committee on Environment

and Public Works of the Senate a study which examines the need for protecting

undeveloped coastal barriers along the Pacific coast of the United States south of

49 degrees north latitude through inclusion in the System. Such study shall

examine­

(A) the potential for loss of human life and damage to fish, wildlife, other
natural resources, and the potential for the wasteful expenditure of Federal
revenues given the geological differences of the coastal barriers along the
Pacific coast as opposed to those found along the Atlantic and Gulf coasts; and
(B) the differences in extreme weather conditions which exist along the Pacific
coast as opposed to those found along the Atlantic and Gulf coasts.
(2) PREPARATION AND SUBMISSION OF MAPS.­
(A) As soon as practicable after the date of the enactment of this Act, the
Secretary shall prepare maps identifying the boundaries of those undeveloped
coastal barriers (as that term is defined in section 3(1) of the Coastal Barrier
Resources Act (16 U.S.C. 3502(1)) of the United States bordering the Pacific
Ocean south of 49 degrees north latitude.
(B) Not later than 12 months after the date of enactment of this Act, the
Secretary shall submit to the Committee on Merchant Marine and Fisheries of
the House of Representatives and to the Committee on Environment and Public
Works of the Senate maps identifying the boundaries of those undeveloped
coastal barriers of the United States bordering the Pacific Ocean south of 49
degrees north latitude which the Secretary and the appropriate Governor
consider to be appropriate for inclusion in the System.
SEC. 7. SPECIAL UNIT.
(a) DESIGNATION.-The southernmost portion of unit P-11 of the System, as
depicted on the maps referred to in section 4(a) of the Coastal Barrier Resources
Act (as amended by this Act), located on Hutchinson Island north of St. Lucie
inlet in Florida, is designated as the “Frank M. McGilvrey Unit”. In revising
those maps under section 4(a) of this Act, the Secretary shall so identify that unit.
(b) REFERENCES.-Any reference in a law, map, regulation, document, paper, or
other record of the United States to the unit of the System referred to in
subsection (a) is deemed to be a reference to the “Frank M. McGilvrey Unit” of
the System.

SEC. 8. REPORT REGARDING COASTAL BARRIER MANAGEMENT.
(a) COASTAL BARRIERS TASK FORCE.­
(1) ESTABLISHMENT.-There is established an interagency task force to be
known as the Coastal Barriers Task Force (hereinafter in this section referred to
as the “Task Force”).
(2) MEMBERSHIP.-The Task Force shall be composed of 11 individuals as
follows:
(A) A designee of the Secretary of Agriculture.

(B) A designee of the Secretary of Commerce.

(C) A designee of the Secretary of Defense.

(D) A designee of the Secretary of Energy.

(E) A designee of the Secretary of Housing and Urban Development.

(F) A designee of the Secretary of the Interior.

(G) A designee of the Secretary of Transportation.

(H) A designee of the Secretary of the Treasury, who shall represent the

Internal Revenue Service.

(I) A designee of the Administrator of the Environmental Protection Agency.

(J) A designee of the Director of the Federal Emergency Management

Agency.

(K) A designee of the Administrator of the Small Business Administration.

(3) CHAIRPERSON.-The chairperson of the Task Force shall be the designee

of the Secretary of the Interior.

(b) REPORT.­
(1) IN GENERAL.-Not later than the expiration of the 2-year period beginning
on the date of the enactment of this Act, the Task Force shall submit to the
Congress a report regarding the Coastal Barrier Resources System.
(2) CONTENTS.-The report required under paragraph (1) shall include the
following:
(A) An analysis of the effects of any regulatory activities of the Federal

Government on development within units of the System, for the period from

1975 to 1990.

(B) An analysis of the direct and secondary impacts of tax policies of the

Federal Government on development (including development of second

home and investment properties) within units of the System, for the period

from 1975 to 1990.

(C) An estimate and comparison of the costs to the Federal Government with

respect to developed coastal barriers on which are located units of the

System, for the period from 1975 to 1990, which shall include costs of shore

protection activities, beach renourishment activities, evacuation services,

disaster assistance, and flood insurance subsidies under the National Flood

Insurance Program.

(D) A determination of the number of structures for which flood insurance

under the National Flood Insurance Program has been unavailable since the

enactment of the National Flood Insurance Act of 1968 because of the

prohibition, under section 1321 of such Act, of the provision of insurance for

structures located on coastal barriers within the System.

(E) An estimate of the number of existing structures located on coastal

barriers that are included within the System because of the expansion of the

System under this Act and the amendments made by this Act.

(F) A summary of the opinions and comments expressed pursuant to

paragraph (3).

(G) Recommendations for Federal policies and legislative action with respect

to developed and undeveloped coastal barriers to promote the protection of

coastal barriers and minimize activities of the Federal Government that

contribute to the destruction and degradation of coastal barriers.

(3) HEARINGS.-In carrying out its responsibilities under this subsection, the

Task Force shall hold hearings to provide opportunity for State and local

governments and members of the public to express their opinions and comment

on Federal policy regarding coastal barriers.

(c) TERMINATION.-The Task Force shall terminate 90 days after submission of
the report required under subsection (b)(1).
SEC. 9. PROHIBITION OF FLOOD INSURANCE COVERAGE IN CERTAIN
COASTAL BARRIERS.
Section 1321 of the National Flood Insurance Act of 1968 (42 U.S.C. 4028) is
amended­
(1) by inserting “(a)” after the section designation; and
(2) by adding at the end the following new subsection:
“(b) No new flood insurance coverage may be provided under this title after the
expiration of the 1-year period beginning on the date of the enactment of the
Coastal Barrier Improvement Act of 1990 for any new construction or substantial
improvements of structures located in any area identified and depicted on the
maps referred to in section 4(a) of the Coastal Barrier Resources Act as an area
that is (1) not within the Coastal Barrier Resources System and (2) is in an
otherwise protected area. Notwithstanding the preceding sentence, new flood
insurance coverage may be provided for structures in such protected areas that
are used in a manner consistent with the purpose for which the area is
protected.”.
SEC. 10. RTC AND FDIC PROPERTIES.
(a) REPORTS.­
(1) SUBMISSION.-The Resolution Trust Corporation and the Federal Deposit
Insurance Corporation shall each submit to the Congress for each year a report
identifying and describing any property that is covered property of the
corporation concerned as of September 30 of such year. The report shall be
submitted on or before March 30 of the following year.
(2) CONSULTATION.-In preparing the reports required under this subsection,
each corporation concerned may consult with the Secretary of the Interior for
purposes of identifying the properties described in paragraph (1).

(b) LIMITATION ON TRANSFER.­
(1) NOTICE.-The Resolution Trust Corporation and the Federal Deposit
Insurance Corporation may not sell or otherwise transfer any covered property
unless the corporation concerned causes to be published in the Federal Register
a notice of the availability of the property for purchase or other transfer that
identifies the property and describes the location, characteristics, and size of the
property.
(2) EXPRESSION OF SERIOUS INTEREST.-During the 90-day period
beginning on the date that notice under paragraph (1) concerning a covered
property is first published, any governmental agency or qualified organization
may submit to the corporation concerned a written notice of serious interest for
the purchase or other transfer of a particular covered property for which notice
has been published. The notice of serious interest shall be in such form and
include such information as the corporation concerned may prescribe.
(3) PROHIBITION OF TRANSFER.-During the period under paragraph (2), a
corporation concerned may not sell or otherwise transfer any covered property
for which notice has been published under paragraph (1). Upon the expiration
of such period, the corporation concerned may sell or otherwise transfer any
covered property for which notice under paragraph (1) has been published if a
notice of serious interest under paragraph (2) concerning the property has not
been timely submitted.
(4) OFFERS AND PERMITTED TRANSFER.-If a notice of serious interest in
a covered property is timely submitted pursuant to paragraph (2), the
corporation concerned may not sell or otherwise transfer such covered property
during the 90-day period beginning upon the expiration of the period under
paragraph (2) except to a governmental agency or qualified organization for use
primarily for wildlife refuge, sanctuary, open space, recreational, historical,
cultural, or natural resource conservation purposes, unless all notices of serious
interest under paragraph (2) have been withdrawn.
(c) DEFINITIONS.-For purposes of this section:
(1) CORPORATION CONCERNED.-The term “corporation concerned”
means­
(A) the Federal Deposit Insurance Corporation, with respect to matters
relating to the Federal Deposit Insurance Corporation; and
(B) the Resolution Trust Corporation, with respect to matters relating to the
Resolution Trust Corporation.
(2) COVERED PROPERTY.-The term “covered property” means any
property­
(A) to which­
(i) the Resolution Trust Corporation has acquired title in its corporate or
receivership capacity; or
(ii) the Federal Deposit Insurance Corporation has acquired title in its
corporate capacity or which was acquired by the former Federal Savings
and Loan Insurance Corporation in its corporate capacity; and
(B) that­
(i) is located within the Coastal Barrier Resources System; or

(ii) is undeveloped, greater than 50 acres in size, and adjacent to or

contiguous with any lands managed by a governmental agency primarily

for wildlife refuge, sanctuary, open space, recreational, historical, cultural,

or natural resource conservation purposes.

(3) GOVERNMENTAL AGENCY.-The term “governmental agency” means

any agency or entity of the Federal Government or a State or local government.

(4) UNDEVELOPED.-The term “undeveloped” means­

(A) containing few manmade structures and having geomorphic and

ecological processes that are not significantly impeded by any such structures

or human activity; and

(B) having natural, cultural, recreational, or scientific value of special

significance.

SEC. 11. ACQUISITION OF PROPERTY BY SECRETARY OF THE
INTERIOR.
The Secretary of the Interior may purchase any property within the area added to
unit T-12 of the System by this Act, as depicted on the maps referred to in
section 4(a) of the Coastal Barrier Resources Act. The Secretary of the Interior
shall provide that any property purchased under this section is used and
administered in accordance with the provisions of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd-668ee).
SEC. 12. 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) 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 features and associated habitats contain few man-made structures

and these structures, and man’s activities on such features and within such

habitats, do not significantly impede geomorphic and ecological processes.

(2) the term “otherwise protected area” means an undeveloped coastal barrier

within the boundaries of an area established under Federal, State, or local law,

or held by a qualified organization, primarily for wildlife refuge, sanctuary,

recreational, or natural resource conservation purposes;

(3) the term “qualified organization” means such an organization under section

170(h)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 170(h)(3));

(4) the term “Secretary” means the Secretary of the Interior; and

(5) the term “System” means the Coastal Barrier Resources System established

by the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.), as amended by

this Act.

SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS.

(a) Coastal Barrier Resources Act.-Section 12 of the Coastal Barrier Resources

Act (16 U.S.C. 3510) is amended to read as follows:

“SEC. 12. AUTHORIZATIONS OF APPROPRIATIONS.

“There is authorized to be appropriated to the Secretary for carrying out this Act

not more than $1,000,000 for each of the fiscal years 1990, 1991, 1992, and

1993.”.

(b) THIS ACT.­

(1) IN GENERAL.-There is authorized to be appropriated to the Secretary for

carrying out this Act not more than $1,000,000 for each of the fiscal years 1991

and 1992.

(2) PROPERTY ACQUISITION.-In addition to the amounts authorized to be

appropriated under paragraph (1), there is authorized to be appropriated to the

Secretary of the Interior during fiscal years 1991, 1992, and 1993 an aggregate

amount of $15,000,000 to carry out section 11.

SEC. 14. CERTIFICATION OF COMPLIANCE.

Section 7 of the Coastal Barrier Resources Act (16 U.S.C. 3506) is amended to

read as follows:

“SEC. 7. CERTIFICATION OF COMPLIANCE.

“(a) REGULATIONS.-Not later than 12 months after the date of enactment of

the Coastal Barrier Improvement Act of 1990, the head of each Federal agency

affected by this Act shall promulgate regulations to assure compliance with the

provisions of this Act.

“(b) CERTIFICATION.-The head of each Federal agency affected by this Act

shall report and certify that each such agency is in compliance with the

provisions of this Act. Such reports and certifications shall be submitted

annually to the Committees and the Secretary.”.

SEC. 15. DARE COUNTY, NORTH CAROLINA, TRANSFER.

Notwithstanding another law, the Secretary of Transportation shall transfer

without consideration by quitclaim deed to Dare County, North Carolina, all

rights, title, and interest of the United States in Coast Guard property and

improvements located on the northern end of Pea Island east side of State road

1257, 0.3 miles north of North Carolina Highway 12 in Rodanthe, Dare County,

North Carolina. The Secretary shall require the property to be surveyed before it

is transferred.

Approved November 16, 1990.