16 U.S.C. § 3501

Congressional statement of findings and purpose

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(a) The Congress finds that—(1) coastal barriers along the Atlantic and Gulf coasts and along the shore areas of the Great Lakes of the United States and the adjacent wetlands, marshes, estuaries, inlets and nearshore waters provide—(A) habitats for migratory birds and other wildlife; and(B) habitats which are essential spawning, nursery, nesting, and feeding areas for commercially and recreationally important species of finfish and shellfish, as well as other aquatic organisms such as sea turtles;(2) coastal barriers contain resources of extraordinary scenic, scientific, recreational, natural, historic, archeological, cultural, and economic importance; which are being irretrievably damaged and lost due to development on, among, and adjacent to, such barriers;(3) coastal barriers serve as natural storm protective buffers and are generally unsuitable for development because they are vulnerable to hurricane and other storm damage and because natural shoreline recession and the movement of unstable sediments undermine manmade structures;(4) certain actions and programs of the Federal Government have subsidized and permitted development on coastal barriers and the result has been the loss of barrier resources, threats to human life, health, and property, and the expenditure of millions of tax dollars each year; and(5) a program of coordinated action by Federal, State, and local governments is critical to the more appropriate use and conservation of coastal barriers.(b) The Congress declares that it is the purpose of this chapter to minimize the loss of human life, wasteful expenditure of Federal revenues, and the damage to fish, wildlife, and other natural resources associated with the coastal barriers along the Atlantic and Gulf coasts and along the shore areas of the Great Lakes by restricting future Federal expenditures and financial assistance which have the effect of encouraging development of coastal barriers, by establishing the John H. Chafee Coastal Barrier Resources System, and by considering the means and measures by which the long-term conservation of these fish, wildlife, and other natural resources may be achieved.(Pub. L. 97–348, § 2, Oct. 18, 1982, 96 Stat. 1653; Pub. L. 100–707, title II, § 204(c)(1), Nov. 23, 1988, 102 Stat. 4714; Pub. L. 106–167, § 3(c)(1), Dec. 9, 1999, 113 Stat. 1804.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 97–348, Oct. 18, 1982, 96 Stat. 1653, known as the Coastal Barrier Resources Act, which is classified generally to this chapter (§ 3501 et seq.). For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Amendments

1999—Subsec. (b). Pub. L. 106–167 substituted “the John H. Chafee Coastal Barrier Resources System” for “a Coastal Barrier Resources System”.

1988—Subsecs. (a)(1), (b). Pub. L. 100–707 inserted “and along the shore areas of the Great Lakes” after “Atlantic and Gulf coasts”.

Statutory Notes and Related SubsidiariesShort Title of 2024 Amendment

Pub. L. 118–117, § 1, Nov. 25, 2024, 138 Stat. 1608, provided that: “This Act [amending sections 3502 to 3506 and 3510 of this title and enacting provisions set out as a note under section 3504 of this title and listed in a table of Revision of Maps for Units of System set out under section 3503 of this title] may be cited as the ‘Bolstering Ecosystems Against Coastal Harm Act’ or the ‘BEACH Act’.”

Short Title of 2018 Amendment

Pub. L. 115–358, § 1, Dec. 21, 2018, 132 Stat. 5078, provided that: “This Act [amending section 3503 of this title and enacting and amending provisions set out as notes under section 3503 of this title] may be cited as the ‘Strengthening Coastal Communities Act of 2018’.”

Short Title of 2000 Amendment

Pub. L. 106–514, § 1, Nov. 13, 2000, 114 Stat. 2394, provided that: “This Act [amending sections 3502, 3503, and 3510 of this title, repealing section 3509 of this title, enacting provisions set out as notes under this section and section 3503 of this title, and amending and repealing provisions set out as notes under section 3503 of this title] may be cited as the ‘Coastal Barrier Resources Reauthorization Act of 2000’.”

Short Title of 1999 Amendment

Pub. L. 106–167, § 1, Dec. 9, 1999, 113 Stat. 1803, provided that: “This Act [amending this section and sections 3502, 3503, and 3509 of this title, section 1441a–3 of Title 12, Banks and Banking, and section 4028 of Title 42, The Public Health and Welfare, and enacting and amending provisions set out as notes under section 3503 of this title] may be cited as the ‘John H. Chafee Coastal Barrier Resources System Act’.”

Short Title of 1990 Amendment

Pub. L. 101–591, § 1, Nov. 16, 1990, 104 Stat. 2931, provided that: “This Act [enacting section 1441a–3 of Title 12, Banks and Banking, amending sections 3502 to 3506 and 3510 of this title and section 4028 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under section 3503 of this title, and repealing provisions set out as a note under section 3505 of this title] may be cited as the ‘Coastal Barrier Improvement Act of 1990’.”

Short Title of 1988 Amendment

Pub. L. 100–707, title II, § 204(a), Nov. 23, 1988, 102 Stat. 4713, provided that: “This section [amending this section and sections 3502 and 3503 of this title and enacting provisions set out as a note under section 3505 of this title] may be cited as the ‘Great Lakes Coastal Barrier Act of 1988’.”

Short Title

Pub. L. 97–348, § 1, Oct. 18, 1982, 96 Stat. 1653, provided that: “This Act [enacting this chapter, amending section 4028 of Title 42, The Public Health and Welfare, and repealing provisions set out as a note under section 4028 of Title 42] may be cited as the ‘Coastal Barrier Resources Act’.”

Economic Assessment of John H. Chafee Coastal Barrier Resources System

Pub. L. 106–514, § 7, Nov. 13, 2000, 114 Stat. 2397, required the Secretary of the Interior to submit to Congress, no later than 1 year after Nov. 13, 2000, an economic assessment of the John H. Chafee Coastal Barrier Resources System that would consider the impact on Federal expenditures of the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.).

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1984–2021 · leading case: MARBLE TECHNOLOGIES v. City of Hampton

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MARBLE TECHNOLOGIES v. City of Hampton (2010) va · cites it 2× “The dispositive issue asks whether the General Assembly expressly or impliedly authorized a locality to utilize as a criterion for designating Chesapeake Bay Preservation Areas within its jurisdiction whether particular land is among the "lands designated as part of the Coastal…”

Spong v. Fidelity National Property & Casualty Insurance (2015) ca5 “16 U.S.C. § 3501 (b) (discussing the purpose of the CBRA).”

Coast Alliance v. Babbitt (1998) dcd · cites it 3× “Events In 1982, Congress enacted the Coastal Barrier Resource Act (CBRA), 16 U.S.C. § 3501 et seq., to guarantee the protection of certain wildlife along U.”

Newbern v. Mansbach (2001) fladistctapp “…Improvement Act of 1990, Congress mandated the exclusion of CBRAs from the Federal Flood Insurance Program. See 16 U.S.C. §§ 3501 , 3504.”

Reed v. Associated Investments of Edisto Island, Inc. (2000) scctapp “16 U.S.C.A. §§ 3501 to 3510 (1985 & Supp.”

Bostic v. United States (1985) ca4 · cites it 2× “They complain that the Coastal Barrier Resources Act (the Act), 16 U.S.C. §§ 3501 et seq., erroneously designates their land as part of an undeveloped coastal barrier.”

Bostic v. United States (1984) nced · cites it 2× “1653, codified at 16 U.S.C. § 3501 et seq. (1982) (hereinafter CBRA or the Act); which designation, in turn, resulted in plaintiffs’ inability to procure federal flood insurance for new construction or substantial improvements to existing structures on that property after…”

Jurist v. The Long Island Power Authority (2021) nyed “) 14 Judge Bloom found that no court has assessed whether the CBRA contains a private right of action, (R&R 25), and it appears that the statute does not contain an express private right of action, see 16 U.S.C. § 3501 et. seq. Plaintiffs do not object to Judge Bloom’s…”

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