[Senate Report 108-179]
[From the U.S. Government Publishing Office]
Calendar No. 354
108th Congress Report
SENATE
1st Session 108-179
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REPLACEMENT OF MAPS FROM CAPE FEAR UNITS NC-07P (NORTH CAROLINA) IN THE
COASTAL BARRIER RESOURCES SYSTEM
_______
October 30, 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. 1663]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1663) to revise certain Coastal Barrier
Resources System maps, having considered the same, reports
favorably thereon and recommends that the bill 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.''
When disputes arise as to the application of CBRA OPA unit
prohibitions on private property, the USFWS reviews the case
history establishing the unit and compares that to the official
contours on the official map. Because the accuracy of map
information creating the otherwise protected areas can vary
widely, a Service investigation of the official unit boundaries
may not correspond with the case history or congressional
intent that exists for the OPA unit.
Responding to a request to look into cases of private lands
being included in the OPA NC-07P unit, the USFWS conducted
research of the administrative record that identified several
inconsistencies with what the Service believes to be the
original intent of the OPA boundaries.
As is its preference, the USFWS seeks to review all
boundaries of a specific unit when one comes into question. As
such, a Service review of the NC-07P unit found that the
existing 1990 map incorrectly includes 49 acres of privately
owned property that are not ``inholdings'' and does not follow
the actual protected area boundary totaling approximately 5,961
acres.
USFWS supports S. 1663, which adopts new official maps for
the NC-07P unit, making a series of alterations to the current
official map to more accurately reflect the contours of the
otherwise protected area.
Objectives of the Legislation
This legislation will revise several technical errors on
the maps corresponding to the NC-07P unit of the John H. Chafee
Coastal Barrier Resources System to reflect the original intent
of Congress. S. 1663 will adopt two new maps for the NC-07P
unit that exclude 49 acres of privately owned property and
include 5,961 acres of additional OPA property to more
accurately depict the protected area boundaries. The new maps
were developed in collaboration with local landowners and
officials from local property owners, conservancy groups, the
North Carolina Department of Natural Resources, and the U.S.
military.
Section-by-Section Analysis
Section 1. Replacement of Certain Coastal Barrier Resources System Maps
This section replaces the two original official maps
subtitled ``NC-07P'' relating to the Coastal Barrier Resources
System Cape Fear Unit NC-07P, that are included in the set of
maps entitled ``Coastal Barrier Resources System'' with two new
official maps that reflect the technical corrections that
exclude 49 acres of privately owned property and include 5,961
acres of additional OPA property to more accurately depict the
protected area boundaries.
Legislative History
S. 1663 was introduced on September 25, 2003, by Senator
Dole 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. 1663 on October 15, 2003. 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. 1663
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. 1663 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 30, 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. 1663, a bill to
replace certain Coastal Barrier Resources System maps.
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
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S. 1663, A bill to replace certain Coastal Barrier Resources System
maps, as ordered reported by the Senate Committee on
Environment and Public Works on October 15, 2003
CBO estimates that enacting S. 1663 would have no
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. 1663 would replace two maps of otherwise protected areas
(OPAs) in the Cape Fear Unit of North Carolina's Coastal
Barrier Resources System. (OPAs are lands owned by government
agencies or certain nonprofit organizations.) The new maps
would exclude from the Cape Fear OPAs around 49 acres of
private property and include 5,960 acres of Federal and State
land. Enacting the bill would enable the owners of hte excluded
property to participate in the Federal flood insurance program.
CBO estimates that, once insurance policies have been written
on all of that property, premium collections into the national
flood insurance fund would increase by less than $500,000 a
year. New collections would be partially offset by new
mandatory spending for underwriting and administrative
expenses. The Federal Government may also incur additional
costs for losses associated with 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 two
maps entitled ``NC-07P,'' designated as Coastal Barrier
Resources System Cape Fear Unit NC07P, authorized by the
Coastal Barrier Resources Act [16 U.S.C., 3503(a)], as amended.