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106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-218
======================================================================
COASTAL BARRIER RESOURCES REAUTHORIZATION ACT OF 1999
_______
July 1, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1431]
[Including cost estimate of the Congressional Budget Office
The Committee on Resources, to whom was referred the bill
(H.R. 1431) to reauthorize and amend the Coastal Barrier
Resources Act, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Barrier Resources
Reauthorization Act of 1999''.
SEC. 2. ADDITIONS TO COASTAL BARRIER RESOURCES SYSTEM.
(a) Voluntary Additions.--Section 4 of the Coastal Barrier Resources
Act (16 U.S.C. 3503) is amended by adding at the end the following:
``(d) Voluntary Additions to System.--The Secretary may add any
parcel of real property to the System, if--
``(1) the owner of the parcel requests that the Secretary add
the parcel to the System; and
``(2) the parcel is a depositional geologic feature described
in section 3(1)(A).''.
(b) Technical Amendments Relating to Additions of Excess Property.--
(1) In general.--Section 4(d) of the Coastal Barrier
Improvement Act of 1990 (16 U.S.C. 3503 note)--
(A) is redesignated and moved so as to appear as
subsection (e) of section 4 of the Coastal Barrier
Resources Act (16 U.S.C. 3503); and
(B) is amended--
(i) in paragraph (1) by striking ``one
hundred and eighty'' and inserting ``180'';
(ii) in paragraph (2) by striking
``subsection (d)(1)'' and inserting ``paragraph
(1)''; and
(iii) by striking paragraph (3).
(2) Conforming amendment.--Section 4(f) of the Coastal
Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is
repealed.
(c) Notice Regarding Additions to System.--Section 4 of the Coastal
Barrier Resources Act (16 U.S.C. 3503) is further amended by adding at
the end the following:
``(f) Notice Regarding Additions to System.--The Secretary shall--
``(1) publish in the Federal Register a notice of any
addition of property to the System under this section,
including notice of the availability of a map showing the
location of the property;
``(2) provide a copy of that map to the State and local
government in which the property is located and the Committee
on Resources of the House of Representatives; and
``(3) revise the maps referred to in subsection (a) to
reflect the addition of the property to the System.''.
(d) Conforming Amendment.--Subsection (a) of section 4 of the Coastal
Barrier Resources Act (16 U.S.C. 3503(a)) is amended by striking ``,
which shall consist of'' and all that follows through the end of that
subsection and inserting the following: ``, that--
``(1) 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 set of maps on file
with the Secretary entitled `Coastal Barrier Resources System',
dated October 24, 1990, as such maps may be modified, revised,
corrected, or replaced under subsection (c), (d), or (e) of
this section, or any other provision of law enacted on or after
November 2, 1990, that specifically authorizes the
modification, revision, correction, or replacement; and
``(2) includes areas added to the System in accordance with
subsections (d) or (e).''.
SEC. 3. CLERICAL AMENDMENTS.
(a) Coastal Barrier Resources Act.--The Coastal Barrier Resources Act
(16 U.S.C. 3501 et seq.) is amended--
(1) in section 3(3) (16 U.S.C. 3502(3)), in the matter
following subparagraph (D), by striking ``Effective October 1,
1983, such'' and inserting ``Such''; and
(2) by repealing sections 10 and 11 (16 U.S.C. 3509, 97 Stat.
1658).
(b) Coastal Barrier Improvement Act of 1990.--Section 8 of the
Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is
repealed.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 12 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is
redesignated as section 10 and amended to read as follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out this Act $1,000,000 for each of fiscal years 2000, 2001, 2002,
2003, and 2004.''.
SEC. 5. DIGITAL MAPPING PILOT PROJECT.
(a) Requirement to Undertake Project.--
(1) In general.--The Secretary of the Interior, in
consultation with the Director of the Federal Emergency
Management Agency, shall undertake a pilot project to determine
the feasibility and cost of creating digital versions of the
Coastal Barrier Resources System maps referred to in section
4(a)(1) of the Coastal Barrier Resources Act, as amended by
this Act. The pilot project shall include the creation of
digital maps for at least 5 units of the System.
(2) Use of existing data.--(A) To the extent practicable, in
completing the pilot project under this subsection, the
Secretary shall use existing digital spatial data including
digital orthophotos; shoreline, elevation, and bathymetric data;
and electronic navigational charts in the possession of other
Federal agencies, including the United States Geological Survey
and the National Oceanic and Atmospheric Administration.
(B) The head of any Federal agency that possesses digital
spatial data referred to in subparagraph (A) shall promptly
provide that data to the Secretary at no cost upon request by
the Secretary.
(3) Obtaining additional data.--If the Secretary determines
that data necessary to complete the pilot project under this
subsection does not exist, the Secretary shall enter into an
agreement with the Director of the United States Geological
Survey under which the Director shall obtain, in cooperation
with other Federal agencies, as appropriate, and provide to the
Secretary any digital spatial data required to carry out this
subsection.
(4) Data standards.--All digital spatial data used or created
to carry out this subsection shall comply with the National
Spatial Data Infrastructure established by Executive Order
12906 and any other standards established by the Federal
Geographic Data Committee established by the Office of
Management and Budget Circular A-16.
(5) Digital maps not controlling.--Any determination of
whether a location is inside or outside of the System shall be
made without regard to the digital maps prepared under this
subsection.
(6) Report.--(A) Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on Resources of the House of Representatives that
describes the results of the pilot project and the feasibility,
data needs, and costs of completing digital maps for the entire
System.
(B) The report shall include a description of--
(i) the cooperative agreements entered into by the
Secretary with other Federal agencies to complete the
pilot project and cooperative agreements needed to
complete digital mapping of the entire System;
(ii) the availability of existing data to complete
digital mapping of the entire System;
(iii) the need for additional data to complete
digital mapping of the entire System; and
(iv) the funding needed to complete digital mapping
of the entire System.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $500,000 for each of
fiscal years 2000, 2001, and 2002 to carry out the pilot project
required under this section.
SEC. 6. CORRECTIONS TO MAPS RELATING TO UNIT P19-P.
(a) In General.--The Secretary of the Interior shall, before the end
of the 30-day period beginning on the date of the enactment of this
Act, make such corrections to the map described in subsection (b) as
are necessary to ensure that depictions of areas on that map are
consistent with the depictions of areas appearing on the map relating
to unit P19-P entitled ``Amendment to the Coastal Barrier Resources
System'' and dated September 16, 1998.
(b) Map Described.--The map described in this subsection is the map
that--
(1) is included in a set of maps entitled ``Coastal Barrier
Resources System'', dated November 2, 1994; and
(2) relates to unit P19-P of the Coastal Barrier Resources
System.
SEC. 7. REPLACEMENT OF MAPS RELATING TO UNITS NC-03P AND L03.
(a) In General.--The 7 maps included in the set of maps entitled
``Coastal Barrier Resources System'' and referred to in section 4(a)(1)
of the Coastal Barrier Resources Act, as amended by this Act, relating
to the portions of Coastal Barrier Resources System units NC-03P and
L03 located in Dare County, North Carolina, are hereby replaced by
other maps relating to that unit that are entitled ``DARE COUNTY, NORTH
CAROLINA, Coastal Barrier Resources System, Cape Hatteras Unit NC-03P''
and ``DARE COUNTY, NORTH CAROLINA, Coastal Barrier Resources System,
Cape Hatteras Unit NC-03P and Hatteras Island Unit L03'' and dated May
26, 1999.
(b) Availability.--The Secretary of the Interior shall keep the maps
referred to in subsection (a) on file and available for inspection in
accordance with the provisions of section 4(b) of the Coastal Barrier
Resources Act (16 U.S.C. 3503(b)).
SEC. 8. CORRECTIONS TO MAP RELATING TO UNIT DE-03P.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of the Interior shall make such corrections
to the map described in subsection (b) as are necessary to move on that
map the boundary of the otherwise protected area (as defined in section
12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note;
Public Law 101-591)) to the Cape Henlopen State Park boundary to the
extent necessary--
(1) to exclude from the otherwise protected area the adjacent
property leased, as of the date of enactment of this Act, by
the Barcroft Company and Cape Shores Associates (which are
privately held corporations under the law of the State of
Delaware); and
(2) to include in the otherwise protected area the
northwestern corner of Cape Henlopen State Park seaward of the
Lewes and Rehoboth Canal.
(b) Map Described.--The map described in this subsection is the map
that is included in a set of maps entitled ``Coastal Barrier Resources
System'', dated October 24, 1990, as revised October 15, 1992, and that
relates to the unit of the Coastal Barrier Resources System entitled
``Cape Henlopen Unit DE-03P''.
Purpose of the Bill
The purpose of H.R. 1431 is to reauthorize and amend the
Coastal Barrier Resources Act.
Background and Need for Legislation
In 1981, the Omnibus Budget Reconciliation Act amended the
National Flood Insurance Act of 1968 (Title XIII of Public Law
90-448) to prohibit the issuance of new federal flood insurance
after October 1, 1983, ``for any new construction or for
substantial improvements of structures located on undeveloped
coastal barriers.'' This legislation directed the Secretary of
the Interior to designate coastal barriers under the definition
contained in the Omnibus Budget Act and to make recommendations
to Congress for the inclusion of additional areas. Acting on
the Secretary's recommendations, Congress passed the Coastal
Barrier Resources Act (CBRA, Public Law 97-348, codified at 16
U.S.C. 3501 et seq.) in the fall of 1982.
CBRA established the Coastal Barrier Resource System,
consisting initially of 186 units totaling 666 miles of
shoreline and 452,834 acres of undeveloped, unprotected coastal
barriers on the Atlantic Ocean and Gulf of Mexico coasts.
System units are marked on maps prepared and maintained by the
Department of the Interior. These maps are incorporated by
reference into law by Congress. Except for very minor technical
changes, the boundaries of System units cannot be adjusted, and
units cannot be added or deleted from the System, unless
Congress enacts revisions to the appropriate map.
The purpose of CBRA was to eliminate federal development
incentives on undeveloped coastal barriers, thereby preventing
the loss of human life and property from storms, minimizing
federal expenditures, and protecting habitat for fish and
wildlife. Coastal barriers are landscape features that protect
the mainland, lagoons, wetlands and salt marshes from the full
force of wind, wave and tidal energy. The major types of
coastal barriers include fringing mangroves, tombolos, barrier
islands, barrier spits, and bay barriers. Composed of sand and
other loose sediments, these elongated, narrow landforms are
dynamic ecosystems and are vulnerable to hurricane damage and
shoreline recession. Coastal barriers also provide important
habitat for a variety of wildlife, and are an important
recreational resource.
The Coastal Barrier Resources System is unique because it
protects coastal barriers without restricting the use of
private property. Inclusion of property in the System does not
prevent private development of that property, nor does it
prevent actions to process and issue federal permits necessary
for development. CBRA places no restrictions on development
outside the System, and development within System units can
occur without federal support. However, CBRA does restrict the
availability of any new federal assistance to develop the
property. Of particular importance, no new federal flood
insurance can be issued for properties located on System units.
Existing flood insurance policies for property currently within
the System remain in force. However, if the property is
damaged, it cannot be rebuilt with federal flood assistance if
the cost of rebuilding is more than 50 percent of the value of
the property. Insured properties outside the System can be
rebuilt even if the entire property is destroyed. If an insured
structure in the System is substantially expanded or replaced
with more development, coverage is lost.
In addition to the flood insurance limitation, CBRA
prohibits most new federal expenditures and financial
assistance within the System if those expenditures would
encourage development. Examples of prohibited federal
expenditures include disaster relief, community block grants,
flood control, construction of new federal highways,
construction of new infrastructure, and beach renourishment
projects. For purposes of CBRA, federal financial assistance
does not include deposit insurance, purchase of mortgages by
government chartered corporations and programs unrelated to
development, such as entitlement payments to individuals. Other
exceptions are provided for federal navigation projects, energy
resource projects, repair of existing infrastructure and roads,
military and Coast Guard activities, and scientific research
when these activities are consistent with CBRA purposes.
Following enactment of CBRA, Congress passed the Great
Lakes Coastal Barrier Act (Public Law 100-707), which required
the Secretary of the Interior to identify additional System
units along the Great Lakes. The Secretary identified and
recommended for inclusion in the System 112 Great Lakes units
totaling 30,150 acres. In 1990, Congress enacted the Coastal
Barrier Improvement Act (Public Law 101-591) which greatly
expanded the System to include Great Lakes units and
``otherwise protected areas.'' Otherwise protected areas are
public or private lands that are held for conservation
purposes. Examples of otherwise protected areas include
national wildlife refuges, national parks and seashores, state
parks, and lands owned by private organizations for
conservation purposes. In most cases, the boundaries of the
otherwise protected areas included in the System were drawn to
be coterminous with the underlying conservation area, but some
errors and inconsistencies have been discovered. This has
resulted in a need for Congressional action to correct the
otherwise protected area maps to remove property that was
included in error.
After of the Coastal Barrier Improvement Act in 1990, the
System contained approximately 1.3 million acres of undeveloped
coastal barrier fastland (upland) and associated aquatic
habitat, 1,200 miles of coastline, and 585 units. The Coastal
Barrier Improvement Act also required the Secretary to prepare
a report on Pacific Coast coastal barriers. This report has
never been submitted to the Congress, and no Pacific coast
barrier units have been included in the System.
The authorization of appropriations for CBRA expired on
September 30, 1998.
Committee Action
H.R. 1431 was introduced on April 15, 1999, by Congressman
Jim Saxton (R-NJ). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Fisheries Conservation, Wildlife and Oceans. On May 6, 1999,
the Subcommittee held a hearing on H.R. 1431. Testimony was
heard from the Honorable Thomas Evans; Mr. Gary Frazier, Acting
Assistant Director of the Fish and Wildlife Service; Ms. Jo Ann
Howard, Administrator of the Federal Insurance Administration;
and Mr. Steven Ellis of the Coast Alliance. The Administration
testified in support of the three map changes, and indicated
general support of H.R. 1431 pending resolution ofseveral
issues. On May 27, 1999, the Subcommittee met to mark up the bill. Mr.
Saxton offered an amendment in the nature of a substitute that
addressed many of the Administration's outstanding concerns and
incorporated the text of three related bills, H.R. 34, H.R. 535, and
H.R. 1489, into H.R. 1431. The amendment was adopted by voice vote. The
bill, as amended, was then ordered favorably reported to the Full
Committee. On June 9, 1999, the Full Resources Committee met to
consider the bill. Mr. Saxton offered an en bloc amendment that
eliminated two studies relating to otherwise protected areas and System
effectiveness, and reduced funding for the remaining study to $500,000.
The amendment was adopted by voice vote. The bill, as amended, was then
ordered favorably reported to the House of Representatives by voice
vote.
Section-by-Section Analysis
Section 1. Short title
The short title of this bill is the ``Coastal Barrier
Resources Reauthorization Act of 1999.''
Section 2. Additions to the Coastal Barrier Resources System
By amending CBRA Section 4, this section allows the
Secretary of the Interior to add any coastal barrier land to
the System at the request of a landowner, provided that the
parcel is located on a ``depositional geologic feature'' as
defined in Section 2(1)(A) of CBRA. The Secretary is required
to provide notice of the addition of such property in the
Federal Register and publish a map showing the location of
property voluntarily included in the System. The Secretary must
provide copies of the map to the House Committee on Resources
and to applicable State and local governments.
This section also incorporates Section 4(d) of the 1990
Coastal Barrier Improvement Act as part of CBRA. This move
consolidates into a single section the three ways the Secretary
may change unit boundaries and add property to the System, and
unifies the notification and reporting requirements for making
those types of changes.
Section 3. Clerical amendments
This section strikes existing provisions related to
previously requested studies and reports. Section 10 of CBRA
(16 U.S.C. 3509) requires the Secretary to prepare a report by
1985 that makes recommendations on additions to the System. The
report was submitted and the recommendations were largely
adopted in the 1988 Great Lakes Coastal Barrier Act and the
1990 Coastal Barrier Improvement Act. Section 8 of the Coastal
Barrier Improvement Act (16 U.S.C. 3503 (note)) established the
Coastal Barrier Task Force, to report to Congress by 1992 on
the impact of federal actions and tax laws on the development
of coastal barriers, the number of structures denied federal
flood insurance as a result of the System, and the number of
structures included in the System as a result of the Coastal
Barrier Improvement Act. Congress did not appropriate any funds
for the Task Force and the Task Force was never formed.
Section 4. Authorization of appropriations
This section amends Section 12 of CBRA to authorize $1
million to administer the Coastal Barrier Resources System in
each of fiscal years 2000 through 2004.
Section 5. Digital mapping pilot project
Within two years, the Secretary is required to complete a
pilot project that will create electronic maps of five System
units that are compatible with geographic information systems.
The Secretary must use existing digital geographic data
wherever possible and must work with the Director of the
Federal Emergency Management Agency, the Secretary of Commerce
(acting through the National Oceanic and Atmospheric
Administration) and the Director of the United States
Geological Survey to carry out the pilot project. At the end of
the pilot project, the Secretary must report on the progress
made in digitizing the maps, cooperative agreements with other
federal agencies, the need for additional data, and cost
estimates for completing digital maps of the entire system.
This section authorizes $500,000 for each of fiscal years 2000,
2001 and 2002 to complete the pilot project.
Section 6. Corrections to maps relating to unit P19-P
This section incorporates the text of H.R. 34, introduced
by Congressman Porter Goss (R-FL), on January 6, 1999. It
amends the boundary of Unit P19-P which is located on North
Captiva Island, Florida. Unit P19-P was created in 1990 as a
result of recommendations from the Secretary of the Interior,
and the boundaries for unit P-19P were intended to be
coterminous with Cayo Costa State Park. The boundary line
adopted by Congress did not correctly show the boundary of the
State Park. This otherwise protected area includes privately
owned property that was already being developed at the time the
maps were adopted and thus was not eligible for designation.
This section directs the Secretary to conform the boundary of
the unit P-19P on the map entitled ``Amendment to the Coastal
Barrier Resources System'' and dated September 16, 1998, to the
Cayo Costa State Park boundary.
Section 7. Replacement of maps relating to units NC-03P and L03
Section 7 incorporates the changes proposed in H.R. 1489,
introduced by Congressman Walter B. Jones, Jr. (R-NC) on April
20, 1999, to correct a mapping error in unit NC-03P, an
otherwise protected area representing the Cape Hatteras
National Seashore. No changes are proposed to the boundary of
unit L03, but because this unit appears on the same maps as
portions of NC-03P, it is referenced with these maps. Private
developed property on Hatteras Island in North Carolina was
incorrectly labeled as part of the otherwise protected area.
H.R. 1431 adopts a set of 33 maps at a scale of 1 inch equals
500 feet (1:6000) dated May 26, 1999, to replace the existing
maps of this large otherwise protected area.
The Secretary of the Interior intends to maintain the
geographic information system used to generate these maps as
part of the administrative record. Existing structures, homes
and other development that appear outside of the boundary on
the May 26, 1999, maps should be consideredoutside of the
otherwise protected area for the purposes of development assistance.
Any new development that occurs on the island after the date of
enactment of H.R. 1431 must be wholly outside of the boundary of unit
NC-03P to remain eligible for federal development assistance, including
federal flood insurance.
Section 8. Corrections to map relating to unit DE-03P
Section 8 incorporates changes to the System proposed in
H.R. 535, which was introduced by Congressman Mike Castle (R-
DE) on February 3, 1999. This section directs the Secretary to
make a boundary change to unit DE-03P, an otherwise protected
area that has been part of the System since the passage of the
1990 Coastal Barrier Improvement Act. The unit is located in
Delaware on Cape Henlopen and was intended to be contiguous
with the Cape Henlopen State Park boundary. At the time the map
was prepared, the Secretary of the Interior was not aware that
the unit included private property that was not held for
conservation purposes. This section also directs the Secretary
to include a 245-acre parcel in the northwestern section of the
Park into DE-03P. This parcel was mistakenly excluded when the
boundary was drawn in 1990. This change results in a net gain
of 213 acres to the System.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of this bill could result in small, additional
offsetting receipts to the federal government from premiums
paid into the National Flood Insurance fund. These collections
would be partially offset by new mandatory spending for
underwriting and administrative expenses.
3. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 22, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1431, the Coastal
Barrier Resources Reauthorization Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1431--Coastal Barrier Resources Reauthorization Act of 1999
Summary: Assuming appropriation of the authorized amounts,
CBO estimates that the implementing H.R. 1431 would cost $6.5
million over the 2000-2004 period. The bill also could affect
direct spending; therefore, pay-as-you-go procedures would
apply. We estimate, however, that any such effects would be
less than $500,000 a year.
H.R. 1431 would reauthorize the Coastal Barrier Resources
Act and would authorize the appropriation of $1 million
annually for programs carried out under the legislation for
fiscal years 2000 through 2004. Section 5 of the bill would
direct the U.S. Fish and Wildlife Service (USFWS) to undertake
a pilot project to determine the feasibility and cost of
creating digital versions of maps of the Coastal Barrier
Resources System. The agency would have two years to report its
findings to the Congress. For this purpose, section 5 would
authorize the appropriation of $500,000 annually for fiscal
years 2000, 2001, and 2002. H.R. 1431 also would direct the
USFWS to correct or modify existing maps for three units of the
Coastal Barrier Resources System in Delaware, Florida, and
North Carolina.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: CBO estimates
that implementing H.R. 1431 would cost $1.5 million a year for
2000, 2001, and 2002; and $1 million a year for 2003 and 2004.
(The program received an appropriation of $488,000 for 1999.)
The costs of this legislation fall within budget function 300
(natural resources and environment).
Basis of estimate: For purposes of this estimate, CBO
assumes that the full amounts authorized for managing the
Coastal Barrier Resources System and conducting the pilot
program on digital mapping will be appropriated for each fiscal
year.
H.R. 1431 could affect direct spending by altering the
existing boundaries of three system units to exclude developed
lands, thereby enabling the property owners to obtain federal
flood insurance. Once insurance policies have been written on
the affected properties, offsetting collections from premiums
paid into the national flood insurance fund would increase by
less than $500,000 a year. Collections would be partially
offset by new mandatory spending for underwriting and
administrative expenses. The federal government might also
incur additional costs for losses associated with any future
floods that might affect the excluded lands, but CBO has no
basis for predicting such floods or their resulting costs.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. H.R.
1431 could affect direct spending but CBO estimates that net
changes in direct spending would be less than $500,000 a year.
Intergovernmental and private-sector impact: H.R. 1431
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Deborah Reis.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
COASTAL BARRIER RESOURCES ACT
* * * * * * *
SEC. 3. DEFINITIONS.
* * * * * * *
For purposes of this Act--
(1) * * *
* * * * * * *
[Effective October 1, 1983, such] Such term includes flood
insurance described in section 1321 of the National Flood
Insurance Act of 1968, as amended (42 U.S.C. 4028).
* * * * * * *
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.] that--
(1) 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 set of maps on file with the Secretary
entitled ``Coastal Barrier Resources System'', dated
October 24, 1990, as such maps may be modified,
revised, corrected, or replaced under subsection (c),
(d), or (e) of this section, or any other provision of
law enacted on or after November 2, 1990, that
specifically authorizes the modification, revision,
correction, or replacement; and
(2) includes areas added to the System in accordance
with subsections (d) or (e).
* * * * * * *
(d) Voluntary Additions to System.--The Secretary may add any
parcel of real property to the System, if--
(1) the owner of the parcel requests that the
Secretary add the parcel to the System; and
(2) the parcel is a depositional geologic feature
described in section 3(1)(A).
(e) 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 180 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
paragraph (1)(B) with respect to that area.
(f) Notice Regarding Additions to System.--The Secretary
shall--
(1) publish in the Federal Register a notice of any
addition of property to the System under this section,
including notice of the availability of a map showing
the location of the property;
(2) provide a copy of that map to the State and local
government in which the property is located and the
Committee on Resources of the House of Representatives;
and
(3) revise the maps referred to in subsection (a) to
reflect the addition of the property to the System.
* * * * * * *
[SEC. 10. REPORTS TO CONGRESS.
[(a) In General.--Before the close of the 3-year period
beginning on the date of the enactment of this Act, the
Secretary shall prepare and submit to the Committees a report
regarding the System.
[(b) Consultation in Preparing Report.--The Secretary shall
prepare the report required under subsection (a) in
consultation with the Governors of the States in which System
units are located and with the coastal zone management agencies
of the States in which System units are located and after
providing opportunity for, and considering, public comment.
[(c) Report Content.--The report required under subsection
(a) shall contain--
[(1) recommendations for the conservation of the
fish, wildlife, and other natural resources of the
System based on an evaluation and comparison of all
management alternatives, and combinations thereof, such
as State and local actions (including management plans
approved under the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.)), Federal actions (including
acquisition for administration as part of the National
Wildlife Refuge System), and initiatives by private
organizations and individuals;
[(2) recommendations for additions to, or deletions
from, the Coastal Barrier Resources System, and for
modifications to the boundaries of System units;
[(3) a summary of the comments received from the
Governors of the States, State coastal zone management
agencies, other government officials, and the public
regarding the System; and
[(4) an analysis of the effect, if any, that general
revenue sharing grants made under section 102 of the
State and Local Fiscal Assistance Amendments of 1972
(31 U.S.C. 1221) have had on undeveloped coastal
barriers.
[SEC. 11. AMENDMENTS REGARDING FLOOD INSURANCE.
[(a) Section 1321 of the National Flood Insurance Act of 1968
(42 U.S.C. 4028) is amended to read as follows:]
* * * * * * *
[(b) Section 341(d)(2) of the Omnibus Budget and
Reconciliation Act of 1981 (Public Law 97-35) is repealed.
[SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to the Secretary for
carrying out this Act $2,000,000 for each of fiscal years 1995
to 1998.]
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out this Act $1,000,000 for each of fiscal years 2000,
2001, 2002, 2003, and 2004.
* * * * * * *
----------
COASTAL BARRIER IMPROVEMENT ACT OF 1990
* * * * * * *
SEC. 4. ESTABLISHMENT OF COASTAL BARRIER RESOURCES SYSTEM.
(a) * * *
* * * * * * *
[(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.]
* * * * * * *
[(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. 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).]
* * * * * * *
ADDITIONAL VIEWS
We support the principal goal of this legislation which is
to reauthorize the Coastal Barrier Resources Act (CBRA). When
Congress passed the Act in 1982, it declared that the purpose
of the Act was to ``minimize loss of life, wasteful expenditure
of Federal revenues, and the damage to fish, wildlife, and
other natural resources associated with [the] coastal barriers
* * * by restricting future Federal expenditures and financial
assistance which have the effect of encouraging development of
coastal barriers.'' This innovative policy was sound in 1982
and requires little, if any, modification by Congress at this
time. This opinion was the clear consensus among the panel of
witnesses who testified on May 6, 1999 before the Subcommittee
on Fisheries Conservation, Wildlife and Oceans concerning this
legislation.
Of the modest changes proposed in this bill, we especially
support section 5 which would direct the Secretary of the
Interior to conduct a pilot study in consultation with other
relevant Federal agencies to determine the feasibility and
costs of creating a digitized series of Coastal Barrier
Resource System (CBRS or System) maps. It is necessary to
initiate such a study at this time. Current CBRS maps were
prepared in the mid-1980s by using primarily color infrared
aerial photography, U.S. Fish and Wildlife Service (hereafter,
the Service) National Wetland Inventory maps, and U.S.
Geological Survey 7.5, quadrangle sheets, normally drawn at
1:24,000 or 1:25,000 scales. hand rendered delineations of
coastal barriers were drawn upon these sheets in order to
produce the current inventory of CBRS maps.
However, since the time when these maps were first
developed, several significant technological advancements have
occurred in the development of digital spatial data, global
positioning systems, computerized geographic information
systems and new cartographic and survey methods. Moreover,
complaints concerning CBRS maps are commonplace principally
because the maps are difficult to interpret due to scale, and
poorly correspond to other types of map products, notably Flood
Insurance Rate Maps. In this regard, it would appear not only
appropriate, but essential, for the Secretary to investigate
how the application of these new information systems and
technologies might enhance the accuracy, usability, and
transferability of the rather crude existing CBRS maps.
We also support section 2 of the bill which would authorize
the voluntary donation of private property for inclusion in the
System. While we believe that the inclusion of additional
private undeveloped coastal barriers would be beneficial, we
doubt that significant tracts of additional private land will
be forthcoming for voluntary donation in the absence of any new
economic or tax incentives to induce such behavior.
Nonetheless, should opportunities for donations become
available, the Secretary of the Interior should as a priority
accept donations that abut existing System units or OPAs, and
should encourage wherever possible the aggregation of donated
parcels to minimize CBRS map boundary revisions. This committee
should re-evaluate this provision to determine its
effectiveness at some future point.
In another important matter regarding expansion of the
System, we must express our deep frustration with the inability
of the Service to complete and submit to the Congress a study
of undeveloped coastal barriers along the Pacific coast. The
Secretary of the Interior was directed under section 6 of the
Coastal Barrier Improvement Act (CBIA, PL 101-591) to prepare
and submit within 6 months after date of enactment a study
``which examines the need for protecting undeveloped coastal
barriers along the Pacific coast south of 49 degrees north
latitude through inclusion in the System.'' The Secretary also
was directed to ``prepare maps identifying the boundaries of
those undeveloped coastal barriers (as defined under section
3(l) of the CBRA) of the United States bordering the Pacific
Ocean south of 49 degrees north latitude.'' These maps were to
be provided to the Congress not later than 12 months after date
of enactment.
Although a draft study was made available for public review
in 1993, the Secretary has failed to provide Congress with
either a final report or the maps. This 8 year delay is
completely unacceptable. We are greatly concerned that the pace
and growth of new development along the Pacific coast may have
significantly reduced the number of coastal areas that meet the
section 3(l) definition of ``undeveloped coastal barrier.'' We
urge the Secretary to complete this directive at the earliest
possible date.
While we support the reauthorization of CBRA, we remain
concerned that the majority has decided to include language
from three other separate bills (H.R. 34, H.R. 1489, and H.R.
535) as sections 6, 7 and 8, respectively, that would change
existing boundaries for three different OPAs in Florida, North
Carolina and Delaware. Legislation of this type deserves close
inspection prior to Congressional approval. It is our view that
additional information is necessary from the Fish and Wildlife
Service concerning the Cape Hatteras National Seashore area and
our preference that these matters be addressed in separate
legislation.
George E. Miller.
Grace F. Napolitano.
Carlos Romero-Barcelo
Eni Faleomavaega.
Rush Holt.
