S 2958 — Strengthening Coastal Communities Act of 2023

(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.

(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 December 21, 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. (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 chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 that may be a 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 a 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 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 Secretar...

(a) Construction or purchase of structure, facility, road, airport, etc.; projects to prevent erosion; exceptions Except as provided in section 3505 of this title, 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 3503 of this title 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) New expenditures or new financial assistance An expenditure or financial assistance made available under authority of Federal law shall, for purposes of this chapter, 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 chapter 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 November 25, 2024, 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 chapter, 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.

(a) In general Notwithstanding section 3504 of this title, 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 chapter: (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 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) 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 5170a, 5170b, 5173, and 5192 of title 42 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. (H) Aquaculture operations that— (i) produce shellfish (including oysters, clams, and mussels), cultivate micro- or macro-algae, or do not require the use of aquaculture feeds; and (ii) adhere to best management practices and conservation measures recommended by the Secretary through the consultation process referred to in this subsection. (7) Use of a sand source within a System unit by Federal coastal storm risk management projects or their predecessor projects that have used a System unit for sand to nourish adjacent beaches outside the System pursuant to section 701n of title 33 at least once between December 31, 2008 and December 31, 2023 in response to an emergency situation prior to December 31, 2023. (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 November 16, 1990. (d) Services and facilities outside System (1) In gener...

(a) Regulations Not later than 1 year after November 25, 2024, the head of each Federal agency affected by this chapter shall revise or issue regulations and guidance as necessary to ensure compliance with the provisions of this chapter. (b) Certification The head of each Federal agency affected by this chapter shall report and certify that each such agency is in compliance with the provisions of this chapter. Such reports and certifications shall be submitted annually to the Committees and the Secretary.

There is authorized to be appropriated to the Secretary to carry out this chapter— (1) $2,000,000 for each of fiscal years 2006 through 2010; and (2) $1,962,000 for each of fiscal years 2025 through 2031.