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                                                       Calendar No. 920
106th Congress                                                   Report
 2d Session                                                     106-471


                          FLORIDA, UNIT P19-P


October 3 (legislative day, September 22), 2000.--Ordered to be printed


   Mr. Smith of New Hampshire, from the Committee on Environment and 
                 Public Works, submitted the following

                              R E P O R T

                         [to accompany H.R. 34]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (H.R. 34) to direct the Secretary of the 
Interior to make technical corrections to a map relating to the 
Coastal Barrier Resources System, having considered the same, 
reports favorably thereon, with amendments, and recommends that 
the bill, as amended, do pass.

                    General Statement and Background

    The Coastal Barrier Resources System (CBRS) is comprised of 
undeveloped coastal barriers along the coasts of the Atlantic 
Ocean, Gulf of Mexico, the Great Lakes, Puerto Rico and the 
U.S. Virgin Islands. Coastal barriers are landscape features 
that shield the mainland from the full force of wind, wave and 
tidal energies. Coastal barriers come in a variety of forms 
that include bay barriers, tombolos, barrier spits, barrier 
islands, dune or beach barriers, and fringing mangroves. 
Besides bearing the brunt of impacts from storms and erosion, 
most coastal barriers are composed of unconsolidated sediment 
such as sand or gravel. The geological composition makes 
coastal barriers highly unstable areas. Despite their 
instability, many coastal barriers are under heavy development 
    Congress passed the Coastal Barrier Resources Act of 1982 
in an effort to address problems caused by coastal barrier 
development. The Coastal Barrier Resources Act restricts 
Federal expenditures and financial assistance, including 
Federal flood insurance, for development on coastal barriers in 
the CBRS. By restricting funding for Federal programs that 
encourage development of coastal barriers, Congress sought to 
minimize loss of human life; reduce wasteful expenditure of 
Federal funds; and protect the natural resources associated 
with coastal barriers.
    The Coastal Barrier Improvement Act of 1990 added 
``Otherwise Protected Areas'' (OPAs) to the System. OPAs are 
undeveloped coastal barriers within the boundaries of lands 
reserved for conservation purposes, such as wildlife refuges 
and parks. In addition, the 1990 Act added to the System 
coastal barriers in Puerto Rico, the U.S. Virgin Islands, the 
Great Lakes and along the Atlantic and Gulf coasts. The CBRS 
currently includes 850 units, comprising approximately 3 
million acres and approximately 2,500 shoreline miles.
    Undeveloped coastal barriers were identified and mapped 
using criteria developed by the Department of the Interior and 
later approved by Congress. Aerial photographs and ground 
inspections were used to verify the boundaries, and the results 
were then mapped on U.S. Geological Survey quadrangle maps. 
Except for minor and technical modifications to the CBRS unit 
boundaries to reflect changes that have occurred as a result of 
natural forces, modifications of CBRS unit boundaries require 
Congressional approval.
    The bill would clarify the boundaries of the OPAs on 
Captiva Island in Lee County, Florida (Units P-19 and P19-P). 
First, 14 acres of private property on the northern tip of the 
Island would be removed from the System. The northern tip of 
the Island was originally excluded in the 1990 amendments to 
CBRA; an additional 12 acres (approximately) were removed from 
the System in 1994. The map referred to in H.R. 34 would remove 
the 14 acres of remaining private property on the tip of the 
Island in order to accurately reflect the boundaries of Cayo 
Costa State Park, which is an OPA in the System (included in P-
19P). This change is being made to correct a 1990 mapping error 
and eliminate confusion that has arisen, since then, regarding 
Congressional intent regarding the appropriate status of the 14 
acre area. The change is not intended to establish a precedent 
for the treatment of other OPAs. Specifically, it is not 
intended to establish a precedent that land outside the 
boundary of the relevant conservation area is, in all cases, 
inappropriate for inclusion in an OPA. That issue is left open 
for future consideration, either as a matter of general policy 
or on a case-by-case basis.
    Secondly, this bill would redesignate 26 acres of land on 
the southern portion of the island. These parcels are currently 
within the full CBRS Unit P19, but are owned by the State of 
Florida for conservation purposes. In order to properly reflect 
the boundaries of all OPAs on Captiva Island, this bill would 
redesignate these parcels as P-19P.
    The U.S. Fish and Wildlife Service supports H.R. 34 as 

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes the following 
evaluation of the regulatory impact of the reported bill. The 
bill will have no direct regulatory impact. However, by 
eliminating the 14 acre area from the OPA, it will make 
landowners in that area eligible for Federal flood insurance.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 574 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments. All of its governmental 
directives are imposed on Federal agencies. The bill does not 
directly impose any private sector mandates.

                          Legislative History

    On November 19, 1999, H.R. 34 was received in the Senate 
and referred to the Senate Committee on Environment and Public 
Works. No hearings were held on this bill. On September 21, 
2000, the Committee on Environment and Public Works held a 
business meeting to consider H.R. 34. A technical amendment to 
H.R. 34 was adopted by voice vote. The business meeting was 
continued on September 28, 2000 and H.R. 34 was favorably 
reported out of committee as amended by voice vote.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 3, 2000.

Hon. Robert C. Smith, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

Dear Mr. Chairman: The Congressional Budget Office has prepared 
the enclosed cost estimate for H. R. 34, an act to direct the 
Secretary of the Interior to make technical correction to a map 
relying to the Coastal Barrier Resources System.
    If you wish further details on this estimate, we will be 
pleased to provide them The CBO staff contact is Deborah Reis, 
who can be reached at 226-2860.
                                            Dan L. Crippen.

               Congressional Budget Office Cost Estimate

H.R. 34, An act to direct the Secretary of the Interior make technical 
        corrections to a map relating to the Coastal Barrier Resources 
        System, as ordered reported by the Senate Committee on 
        Environment and Public Works on September 28, 2000
    CBO estimates that enacting H.R. 34 would result in no 
significant cost to the Federal Government. The legislation 
could affect direct spending; therefore, pay-as-you-go 
procedures would apply, but we expect that net changes in 
direct spending would be negligible for each year. H.R. 34 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would impose no 
costs on State, local, or tribal governments.
    H.R. 34 would correct a map of the Coastal Barrier 
Resources System in Florida. The proposed correction would 
revise the boundaries of unit P19-P to exclude about 14 acres 
of land. This change would enable local property owners who 
might develop the excluded acreage to obtain Federal flood 
insurance. If the affected properties are developed and 
insurance policies are written, offsetting collections from 
premiums paid into the national flood insurance fund should 
increase by less than $50,000 a year. Those 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 this land, but CBO has no basis for 
predicting such floods or their resulting costs.
    The CBO staff contact for this estimate is Deborah Reis, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the 
Senate, provides that reports to the Senate should show changes 
in existing law made by the bill as reported. Passage of this 
bill will make no changes to existing law.