Text: H.R.2840 — 101st Congress (1989-1990)All Information (Except Text)

Text available as:

Shown Here:
Enrolled Bill

 
 
--H.R.2840--
H.R.2840
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
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, in 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) shall 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 geologic 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 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 `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. AUTHORIZATION 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.