[Senate Report 106-473]
[From the U.S. Government Publishing Office]
Calendar No. 922
106th Congress Report
SENATE
2d Session 106-473
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COASTAL BARRIER RESOURCES SYSTEM MAP CORRECTION--PINE ISLAND UNIT, NC-
01
_______
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. 4435]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (H.R. 4435) to clarify certain boundaries on
the map relating to Unit NC-01 of the Coastal Barrier Resources
System, having considered the same, reports favorably thereon
and recommends that the bill 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
pressure.
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.
This bill makes changes to the boundaries of CBRS Unit NC-
01, in Currituck and Dare Counties, North Carolina. NC-01 was
originally labeled NC-O1P and was included in the System as an
OPA in the 1990 amendments. In 1992, the boundaries were
revised to exclude private property that had been included in
NC-01P and to include aquatic habitat. The boundaries of the
unit were supposed to follow the boundaries of a wildlife
sanctuary owned by the National Audubon Society, Pine Island
Sanctuary, and some associated aquatic habitat (P.L. 102-440,
Sec. 303). Also, the OPA designation was to be dropped. The
full CBRS unit was then labeled NC-01. However, the map that
resulted from the 1992 revisions inadvertently included 4 acres
of new private property that had not been included before. The
boundary line of the unit runs through two parcels of privately
owned land. H.R. 4435 removes the private property from Unit
NC-01 and adds associated aquatic habitat that was left out in
the 1992 revisions. This change will result in an increase of
2,326 acres into the System.
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
removing the 4.4 acre from the CBRS unit, it will make
landowners in the unit eligible for certain Federal programs
for which they are not currently eligible.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee finds that H.R. 4435 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 June 8, 2000, H.R. 4435 was received in the Senate and
referred to the 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. 4435. The business meeting was
continued on September 28, 2000, and H.R. 4435 was favorably
reported out of Committee 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, September 29, 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. 4435, an Act to clarify
certain boundaries on the map relating to Unit NC-01 of 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.
Sincerely,
Dan L. Crippen.
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Congressional Budget Office Cost Estimate
H.R. 4435, An Act to clarify certain boundaries on the map relating to
Unit NC-01 of 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. 4435 would result in no
significant cost to the Federal Government. Because the
legislation could affect direct spending, pay-as-you-go
procedures would apply, but we expect that net changes in
direct spending would be negligible. H.R. 4435 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. 4435 would correct a map of the Coastal Barrier
Resources System in North Carolina. The proposed correction
would revise the boundaries of unit NC-01 to include 2,330
acres of aquatic habitat and exclude about 4 acres of developed
land. This change would enable local property owners occupying
the excluded acreage 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
$50,000 per 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 this land, but CBO has no basis for predicting such
floods or their resulting costs.
On June 5, 2000, CBO transmitted a cost estimate for H.R.
4435 as ordered reported by the House Committee on Resources on
May 24, 2000. The two versions of the legislation are
identical, as are our cost estimates.
The CBO staff contact for this estimate is Deborah Reis,
who can be reached at 226-2260. 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, 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.