HR 5490 — Bolstering Ecosystems Against Coastal Harm Act

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 italics, and existing law in which no 
change is proposed is shown in roman):

 COASTAL BARRIER RESOURCES ACT

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[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) 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 
manmade 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 ``Committees'' 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.
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 ``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 John H. Chafee Coastal 
Barrier Resources System established by section 4(a).
 [(7) 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 by section 4.]

SEC. 3. DEFINITIONS.

 (a) In General.--For purposes of this Act:
 (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 1321 of the National Flood Insurance 
 Act of 1968, as amended (42 U.S.C. 4028).
 (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 the Internal Revenue 
 Code of 1986.
 (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 4(a).
 (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 4(a).
 (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 4(a).

SEC. 4. 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 those maps may be replaced, replaced, 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 replaces such a 
 map or replaces such a map or authorizes the 
 modification, revision, or correction.]
 (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 as System units or Otherwise Protected Areas--
 (1) on the maps on file with the Secretary entitled 
 ``Coastal Barrier Resources System'', dated October 24, 
 1990;
 (2) on a map described in section 201(b) of the 
 Bolstering Ecosystems Against Coastal Harm Act; or
 (3) on a map described in paragraph (1) or (2) as 
 such map may be replaced, modified, revised, or 
 corrected under--
 (A) subsection (f)(3);
 (B) section 4 of the Coastal Barrier 
 Improvement Act of 1990 (16 U.S.C. 3503 note); 
 or
 (C) any other provision of law enacted on or 
 after November 16, 1990, that specifically 
 replaces or authorizes the modification, 
 revision, or correction of such a map.
 (b) System Maps.--
 (1) In general.--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.
 (2) Digital maps.--
 (A) Availability.--The Secretary shall make 
 available to the public on the Internet web 
 site of the United States Fish and Wildlife 
 Service digital versions of the maps included 
 in the set of maps referred to in subsection 
 (a).
 (B) Effect.--Any determination as to whether 
 a location is inside or outside the System 
 shall be made without regard to the digital 
 maps available under this paragraph, except 
 that this subparagraph does not apply with 
 respect to any printed version of such a 
 digital map if the printed version is included 
 in the maps referred to in subsection (a).
 (C) Report.--No later than 180 days after the 
 date of the enactment of the Strengthening 
 Coastal Communities Act of 2018, the Secretary 
 shall submit to the Committee on Natural 
 Resources of the House of Representatives and 
 the Committee on Environment and Public Works 
 of the Senate a report regarding the progress 
 and challenges in the transition from paper to 
 digital maps and a timetable for completion of 
 the digitization of all maps related to the 
 System.
 (2) Digital maps.--
 (A) Availability.--The Secretary shall make 
 available to the public on the Internet web 
 site of the United States Fish and Wildlife 
 Service digital versions of the maps included 
 in the set of maps referred to in subsection 
 (a).
 (B) Effect.--Any determination as to whether 
 a location is inside or outside the System 
 shall be made without regard to the digital 
 maps available under this paragraph, except 
 that this subparagraph does not apply with 
 respect to any printed version of such a 
 digital map if the printed version is included 
 in the maps referred to in subsection (a).
 (C) Report.--No later than 180 days after the 
 date of the enactment of John D. Dingell, Jr. 
 Conservation, Management, and Recreation Act, 
 the Secretary shall submit to the Committee on 
 Natural Resources of the House of 
 Representatives and the Committee on 
 Environment and Public Works of the Senate a 
 report regarding the progress and challenges in 
 the transition from paper to digital maps and a 
 timetable for completion of the digitization of 
 all maps related to the System.
 (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.
 (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.
 (e) 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 180 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 
 paragraph (1)(B) with respect to that area.
 (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] notification of the 
 availability 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) 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.
 (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).

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 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 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) 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 
 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; or
 (2) no legally binding commitment for the expenditure 
 or financial assistance was made before such date.
 (c) Disclosure of Limitations.--Not later than 2 years after 
the date of the enactment of the Bolstering Ecosystems Against 
Coastal Harm Act, the Secretary, in consultation with the 
Secretary of Housing and Urban Development, shall issue 
regulations requiring the owner or lessor of real property 
located in a community affected by this Act, as determined by 
the Director of the United States Fish and Wildlife Service, to 
disclose to a prospective buyer or lessee such location of such 
real property.

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 chapter 2003 of title 54, 
 UnitedStates Code, 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.]
 (E) Emergency actions necessary 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, 407, 
 and 502 of the Robert T. Stafford Disaster 
 Relief and Emergency Assistance Act (42 U.S.C. 
 5170a, 5170b, 5173, 5192) and are limited to 
 actions that are necessary to alleviate the 
 applicable 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.
 (e) Applicability to Otherwise Protected Areas.--
 (1) In general.--The prohibitions on new Federal 
 expenditures and financial assistance described in 
 section 5(a) do not apply within Otherwise Protected 
 Areas except with respect to limitations on new flood 
 insurance coverage described in section 1321 of the 
 National Flood Insurance Act of 1968 (42 U.S.C. 4028).
 (2) Exception.--Notwithstanding paragraph (1), new 
 Federal flood insurance may be provided for a structure 
 in an Otherwise Protected Area that is used in a manner 
 consistent with the purpose for which such Otherwise 
 Protected Area is protected.
 (f) Applicability to Additions and Insurable Structures.--
 (1) Additions.--With respect to an addition to the 
 System made under section 4 on or after the date of the 
 enactment of the Bolstering Ecosystems Against Coastal 
 Harm Act, subject to paragraph (2), the prohibitions on 
 new Federal expenditures and financial assistance 
 described in section 5(a) and section 1321 of the 
 National Flood Insurance Act of 1968 (42 U.S.C. 4028) 
 shall take effect on the date that is 1 year after the 
 date on which such addition is made.
 (2) Insurable structures.--
 (A) In general.--The prohibitions on new 
 Federal expenditures and financial assistance 
 described in section 5(a) and section 1321 of 
 the National Flood Insurance Act of 1968 (42 
 U.S.C. 4028) do not apply to an insurable 
 structure.
 (B) Insurable structure defined.--In this 
 subsection, the term ``insurable structure'' 
 means an insurable structure that is--
 (i) located within an addition 
 described in paragraph (1); and
 (ii) in existence before the 
 expiration of the applicable 1-year 
 period described in paragraph (1).

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.]
 (a) Regulations.--Not later than 1 year after the date of the 
enactment of the Bolstering Ecosystems Against Coastal Harm 
Act, the head of each Federal agency affected by this Act shall 
revise or issue regulations and guidance as necessary to ensure 
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.

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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 2006 
through [2010] 2031.