[Senate Report 106-471]
[From the U.S. Government Publishing Office]
Calendar No. 920
106th Congress Report
SENATE
2d Session 106-471
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COASTAL BARRIER RESOURCES SYSTEM MAP CORRECTION--CAPTIVA ISLAND,
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
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.
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
amended.
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.
Sincerely,
Dan L. Crippen.
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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
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.