Pub. L. 100-707, tit. II, sec. 204

GREAT LAKES COASTAL BARRIER ACT OF 1988.

EnactedYear: 1988Length: 952 wordsOfficial source
SEC. 204. GREAT LAKES COASTAL BARRIER ACT OF 1988. (a) Short Title.—This section may be cited as the “Great Lakes Coastal Barrier Act of 1988”. (b) Study of Coastal Barrier Resources System to Include Barriers Within Great Lakes Shore Areas.—Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503) is amended to read as follows: “SEC. 4. COASTAL BARRIER RESOURCES SYSTEM. “(a) In General.—The Coastal Barrier Resources System consists of— “(1) those undeveloped coastal barriers that are located on the Atlantic and Gulf Coasts of the United States and included within the System on April 19, 1983; and “(2) those undeveloped coastal barriers along the shore areas of the Great Lakes that are designated by Congress by law after considering the recommendations of the Secretary made under subsection (b) of this section. “(b) Inclusion of Great Lakes Barriers.— “(1) In general.— “(A) Recommendations and maps.—Except as provided in subparagraph (B), not later than 3 months after the date of the enactment of the Great Lakes Coastal Barrier Act of 1988, the Secretary shall recommend to Congress and prepare maps identifying the boundaries of those undeveloped coastal barriers along the shore areas of Great Lakes that the Secretary considers appropriate for inclusion in the Coastal Barrier Resources System. “(B) Excluded areas.—The Secretary may not recommend for inclusion as an undeveloped coastal barrier, and sections 5 and 6 of this Act do not apply to, any area that is publicly owned and protected by Federal, State, or local government law, or held by a qualified organization defined in section 170(h)(3) of the Tax Reform Act of 1986 (26 U.S.C. 170(h)(3)), primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes. “(2) Consultations And Considerations.—Before recommending undeveloped coastal barriers under paragraph (1) of this section, the Secretary shall— “(A) consult with and provide an opportunity for comment by appropriate United States (government agencies. State agencies (including the coastal zone management agencies) of the States bordering the Great Lakes, and the public; and “(B) update on the basis of aerial photographs and consider the draft coastal barrier inventory maps prepared by the Secretary in January 1985 for the States of Michigan, Wisconsin, Ohio, New York (Great Lakes) and Minnesota. “(3) Provision of maps.—As soon as practicable after the revision of the maps referred to in paragraph (2)(B) of this subsection is completed, the Secretary shall provide copies of the maps to— “(A) each appropriate State and county or equivalent jurisdiction in which System units are located; “(B) the coastal zone management agency in each appropriate State that has a coastal zone management program 102 STAT. 4714 approved under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455); “(C) each appropriate United States Government agency; and “(D) the Congress. “(4) Public inspection of maps.—The Director of the United States Fish and Wildlife Service shall make available for public inspection all maps prepared under this section. “(c) Boundary Modifications.— “(1) In general.—The Secretary shall— “(A) conduct a review of the System maps at least once every 5 years after the date of the enactment of the Great Lakes Coastal Barrier Act of 1988; and “(B) subject to paragraph (2), make any minor and technical modifications to the boundaries of any System unit that are necessary solely to reflect changes that have occurred in the size or location of that unit as a result of natural forces. “(2) Consultations.—The Secretary shall conduct the reviews required under paragraph (1) in consultation with the chief executive officer of— “(A) each appropriate State and county equivalent jurisdiction in which System units are located; “(B) the coastal zone management agency in each appropriate State that has a coastal zone management program approved under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455); “(C) each appropriate United States Government agency; and “(D) the public. “(d) System Maps.—The Office of the Director of the United States Fish and Wildlife Service, Department of the Interior, and other appropriate offices of the Service shall have available for public inspection all System maps.”. (c) Conforming Amendments.— (1) Congressional findings.—Section 2 of the Coastal Barrier Resources Act (16 U.S.C. 3501) is amended by inserting “and along the shore areas of the Great Lakes” after “Atlantic and Gulf coasts” at each place it appears. (2) Definitions.—Section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502) is amended as follows: (A) Redesignation.—Paragraphs (4) and (5), and any reference thereto, are redesignated as paragraphs (5) and (7), respectively. (B) Great lakes defined.—The following is inserted after paragraph (3): “(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.”. (C) System maps defined.—The following is inserted after paragraph (5) (as redesignated): “(6) 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 102 STAT. 4715 maps numbered T02A and T03A and dated December 8, 1982; and “(B) the maps prepared under section 4(b) of this Act and any modification to those maps under that section.”. (d) Expansion of Highways in Michigan.—The limitations on the use of Federal expenditures or financial assistance within the Coastal Barrier Resources System under section 6(a)(3) of the Coastal Barrier Resources Act (16 U.S.C. 3505(a)(3)) shall not apply to existing highways located within the State of Michigan if the Congress adds new units to the Coastal Barrier Resources System under section 4 of that Act, and those units include portions of United States or State highways in the State of Michigan.
Pub. L. 100-707, tit. II, sec. 204: GREAT LAKES COASTAL BARRIER ACT OF 1988. | Justis AI