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42 USC § 4028 - John H. Chafee Coastal Barrier Resources System

---
identifier: "/us/usc/t42/s4028"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 4028 - John H. Chafee Coastal Barrier Resources System"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "4028"
section_name: "John H. Chafee Coastal Barrier Resources System"
chapter_number: 50
chapter_name: "NATIONAL FLOOD INSURANCE"
subchapter_number: "I"
subchapter_name: "THE NATIONAL FLOOD INSURANCE PROGRAM"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 90–448, title XIII, § 1321, as added Pub. L. 97–35, title III, § 341(d)(1), Aug. 13, 1981, 95 Stat. 419; amended Pub. L. 97–348, § 11(a), Oct. 18, 1982, 96 Stat. 1658; Pub. L. 101–591, § 9, Nov. 16, 1990, 104 Stat. 2938; Pub. L. 106–167, § 3(c)(7), Dec. 9, 1999, 113 Stat. 1804.)"
---

# § 4028. John H. Chafee Coastal Barrier Resources System

**(a)** No new flood insurance coverage may be provided under this chapter on or after October 1, 1983, for any new construction or substantial improvements of structures located on any coastal barrier within the John H. Chafee Coastal Barrier Resources System established by section 3503 of title 16. A federally insured financial institution may make loans secured by structures which are not eligible for flood insurance by reason of this section.

**(b)** No new flood insurance coverage may be provided under this chapter after the expiration of the 1-year period beginning on November 16, 1990, for any new construction or substantial improvements of structures located in any area identified and depicted on the maps referred to in section 3503(a) of title 16 as an area that is (1) not within the John H. Chafee 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.

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**Source Credit**: (Pub. L. 90–448, title XIII, § 1321, as added Pub. L. 97–35, title III, § 341(d)(1), Aug. 13, 1981, 95 Stat. 419; amended Pub. L. 97–348, § 11(a), Oct. 18, 1982, 96 Stat. 1658; Pub. L. 101–591, § 9, Nov. 16, 1990, 104 Stat. 2938; Pub. L. 106–167, § 3(c)(7), Dec. 9, 1999, 113 Stat. 1804.)

## Editorial Notes

### References in Text

This chapter, referred to in text, was in the original a reference to “this title” meaning title XIII of , , , known as the National Flood Insurance Act of 1968, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

### Amendments

1999— amended section catchline and substituted “John H. Chafee Coastal Barrier Resources System” for “Coastal Barrier Resources System” in subsecs. (a) and (b).

1990— designated existing provisions as subsec. (a) and added subsec. (b).

1982—Subsecs. (a) to (c).  struck out subsec. designations in subsecs. (a) and (c), in provisions of former subsec. (a) substituted “on any coastal barrier within the Coastal Barrier Resources System established by ” for “on undeveloped coastal barriers which shall be designated by the Secretary of the Interior”, and struck out subsec. (b) which provided definitions for purposes of this section.

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective , see , set out as a note under , Banks and Banking.

### Study for Designation of Undeveloped Coastal Barriers; Report and Recommendations to Congress

, , , relating to a study by the Secretary of the Interior for the purpose of designating the undeveloped coastal barriers affected by this section, and transmittal to Congress of a report on such study, was repealed by , , .