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                                                       Calendar No. 351
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-177
======================================================================
 
REPLACEMENT OF MAP FROM UNIT T-07 (TEXAS) IN THE JOHN H. CHAFEE COASTAL 
                             BARRIER SYSTEM

                                _______
                                

                October 29, 2003.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 1066]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1066) to correct a technical error to the 
T-07 unit of the John H. Chafee Coastal Barrier Resources 
System, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.

                    General Statement and Background

    Coastal barriers are unique land areas that form the bridge 
between low-lying coastal areas and seawater. They perform 
functions supporting fragile ecosystems and serve as prized 
recreational areas for the public. Because of their inherent 
beauty and hydrological values, coastal barriers are under 
significant development pressures. However, coastal barriers 
are composed of unstable elements and are susceptible to storm 
damage and chronic erosion.
    Recognizing the environmental and economic risks associated 
with developing coastal barriers, Congress enacted the Coastal 
Barrier Resources Act (CBRA) in 1982. The law established a 
prohibition against Federal spending, primarily Federal flood 
insurance assistance and Federal infrastructure spending, in 
areas denoted in designated CBRA units. No prohibitions exist 
against private expenditures in CBRA units and individuals who 
chose to build and invest in these hazard-prone areas will 
incur the full cost of that risk. Approximately 590,000 acres 
were established as CBRA units along the Atlantic and Gulf 
coasts of the United States.
    The U.S. Fish and Wildlife Service (USFWS) manages the CBRA 
program and provides information to the public, as well as 
city, State, and local officials on questions pertaining to the 
delineations of CBRA units. The Service also maintains the 
official maps outlining the individual units. Congress enacts 
periodic revisions to official unit maps that replace previous 
maps.
    In 1990, Congress passed the Coastal Barrier Improvement 
Act, which extended CBRA units into the Great Lakes, Puerto 
Rico, and the U.S. Virgin Islands. The 1990 statute also 
established designations of ``otherwise protected areas'' 
(OPAs) into the unit system. Properties located within an OPA 
unit are ineligible for Federal flood insurance.
    The 2000 Coastal Barrier Resources Reauthorization Act made 
a series of programmatic changes to the USFWS operation of the 
program. The statute also renamed the unit system as the ``John 
H. Chafee Coastal Barrier Resources System.''
    The original CBRA adopted by Congress in September 1982 
incorrectly designated the Matagorda Dunes Homes subdivision 
located in Matagorda County, Texas, as ``undeveloped coastal 
barrier.'' This designation under CBRA prohibits individuals 
living on these lots from qualifying for Federal funding, 
including flood insurance through the National Flood Insurance 
Program.
    Based on research of the administrative record, the USFWS 
believes that the subdivision should not have been included in 
the original T-07 unit map because a full complement of 
infrastructure--roads, potable water, wastewater, and 
electricity--was available in the subdivision before the T-07 
unit map was adopted by Congress. The subdivision exceeded the 
infrastructure criterion used to designate ``undeveloped 
coastal barriers'' as part of the John H. Chafee Coastal 
Barrier Resources System.
    Additionally, when the USFWS finds a technical mapping 
error in one part of a System map, it reviews all other nearby 
boundaries to ensure they are mapped accurately. However, due 
to a disagreement between the State and County over land 
ownership, the USFWS was unable to comprehensively revise the 
boundaries of the entire T-07/T-07P area.
    The USFWS supports S. 1066, as amended, that adopts a new 
official map for T-07/T-07P that excludes the Matagorda Dunes 
Homesites Subdivision from T-07 and accurately depicts the T-07 
and T-07P boundaries of the southern portion of the map to 
follow the shoreline.

                     Objectives of the Legislation

    This legislation will correct a technical error within Unit 
T-07 of the John H. Chafee Coastal Barrier Resources System to 
reflect the original intent of Congress. It will remove the 19-
acre Matagorda Dunes Homesites Subdivision from the T-07 unit 
map, (making the subdivision eligible for flood insurance). S. 
1066, as amended, will direct the USFWS to replace the 
official, outdated map with a new official map that reflects 
the correction.

                      Section-by-Section Analysis

Section 1. Replacement of John H. Chafee Coastal Barrier Resources 
        System Map
    This section replaces the original official map with a new 
official map that reflects the technical correction that 
excludes the Matagorda Dunes Homesites Subdivision from the 
John H. Chafee Coastal Barrier Resources System.

                          Legislative History

    S. 1066 was introduced on May 14, 2003, by Senators 
Hutchison and Cornyn and referred to the Committee on 
Environment and Public Works. The committee met on October 15, 
2003 to consider the bill.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1066 on October 15, 2003. The committee agreed to 
an amendment by Senator Crapo that will conform the language to 
the format regularly used in CBRA revision bills. The committee 
favorably reported the bill by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 1066 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 1066 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          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 27, 2003.

Hon. James M. Inhofe, 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 S. 1066, a bill to 
correct a technical error from Unit T-7 of the John H. Chafee 
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.
            Sincerely,
                                        Douglas Holtz-Eakin
                              ----------                              

S. 1066, A bill to correct a technical error from Unit T-07 of the John 
        H. Chafee Coastal Barrier Resources System, as ordered reported 
        by the Senate Committee on Environment and Public Works on 
        October 15, 2003
    CBO estimates that enacting S. 1066 would not have any 
significant impact on the Federal budget over the next 5 years. 
The bill could affect direct spending, but we expect that net 
changes would be negligible.
    S. 1066 would modify the boundaries of the Matagorda 
Peninsula Unit (in Texas) of the Coastal Barriers Resource 
System to exclude about 45 lots or houses on 19 acres of 
private land. This change would enable the owners of these 
properties to obtain Federal flood insurance. CBO estimates 
that, once insurance policies have been written on all 
properties, premium collections into the national flood 
insurance fund would increase by less than $100,000 annually. 
Collections would be partially offset each year by new 
mandatory spending for underwriting and administrative 
expenses. The Federal Government may also incur additional 
costs for losses associated with any future floods that might 
affect the newly insured properties, but CBO has no basis for 
predicting such events.
    The bill 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.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will replace a 
map entitled ``John H. Chafee Coastal Barrier Resources System 
Matagorda Peninsula Unit T07/T07P,'' authorized by the Coastal 
Barrier Resources Act (CBRA) of 1982 [16 U.S.C. 3503(a)], as 
amended.