§3502 — Title 16 Conservation | U.S. Code

Summary

Defines key words used for the coastal barrier program. A "coastal barrier" is a natural landform made by deposited sand or sediment (for example, a barrier island, spit, tombolo, or bluff) that is hit by waves, tides, and wind and that helps protect the waters and land behind it. It also includes nearby aquatic areas like wetlands, marshes, estuaries, inlets, and nearshore waters. "Committees" means the House Committee on Natural Resources and the Senate Committee on Environment and Public Works. "Financial assistance" means federal help such as loans, grants, guarantees, insurance, payments, rebates, or subsidies, but not deposit insurance for bank customers, not government purchases of mortgages by Ginnie Mae, Fannie Mae, or Freddie Mac, not environmental studies/plan funding required for permits, and not programs unrelated to development like federal public assistance or old‑age survivors or disability insurance. It does include flood insurance under section 4028 of title 42. "Great Lakes" names Lake Ontario, Lake Erie, Lake Huron, Lake St. Clair, Lake Michigan, and Lake Superior. An "Otherwise Protected Area" is a System unit that was mainly set aside by government or a qualified organization for wildlife, recreation, or conservation at the time it was designated (see section 170(h)(3) of title 26 for "qualified organization"). "Secretary" means the Secretary of the Interior. "System" means the John H. Chafee Coastal Barrier Resources System established under section 3503(a). A "System unit" is any undeveloped coastal barrier or closely related group of such barriers in the System. An "undeveloped coastal barrier" is one with few manmade structures and where human structures and activities do not significantly block natural land and habitat processes. None of these definitions changes the official maps described in section 3503(a).

Title 16, §3502

Conservation — Source: USLM XML via OLRC

(a)For purposes of this chapter:

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

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

(6)The term “Secretary” means the Secretary of the Interior.

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

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

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

October 1, 1983, 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

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.” 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, Jan. 5, 2007.

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–272, effective Oct. 18, 1986, see section 14001(e) of Pub. L. 99–272.

§3502 Definitions