[Congressional Record Volume 141, Number 163 (Friday, October 20, 1995)]
[Senate]
[Pages S15405-S15406]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. D'AMATO (for himself and Mr. Moynihan):
  S. 1352. A bill to direct the Secretary of the Interior to make 
technical corrections in maps relating to the Coastal Barrier Resources 
System; to the Committee on Environment and Public Works.


              coastal barrier resources system legislation

 Mr. D'AMATO. Mr. President, I introduce legislation with my 
friend and colleague, Senator Moynihan, which would correct a technical 
error that has prevented certain residents of my State from 
participating in the National Flood Insurance Program. Specifically, 
this bill would direct the Secretary of the Interior to make technical 
corrections in the current maps of the Coastal Barrier Resources System 
[COBRA]. A companion to this bill, H.R. 2005, was introduced in the 
House of Representatives by Congressman Michael Forbes on July 11, 1995 
and was approved by the House Committee on Resources on September 27, 
1995. This necessary legislation is supported by the administration.
  In 1990, the Department of the Interior's Fish and Wildlife Service 
made a technical error when it designated part of the Point O'Woods 
community on Fire Island in New York as part of an otherwise protected 
area [OPA]. As a result of this technical error, homeowners in this 
part of the country are restricted from protecting their properties 
through the purchase of Federal flood insurance.
  Mr. President, the Fish and Wildlife Service concedes that the 
designation of these residences as part of an OPA was erroneous. The 
administration testified in support of the House version of this 
legislation before the Oceans, Fisheries, and Wildlife Subcommittee of 
the House Committee on Resources. The inadvertent error in the COBRA 
map has greatly complicated community efforts to relocate houses away 
from high erosion zones and otherwise practice effective coastal 
barrier management. This legislation would allow the Point O'Woods 
community the opportunity, which other American homeowners in similar 
areas currently have, to participate in the Federal Flood Insurance 
Program. The Federal Government actively encourages participation in 
this important program in order to minimize taxpayer costs in the event 
of a natural disaster.
  Mr. President, I ask unanimous consent that a copy of a letter 
written to me by the U.S. Fish and Wildlife Service in support of this 
correction and the text of the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1352

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CORRECTION TO MAP.

       (a) In General.--The Secretary of the Interior shall, 
     before the end of the 30-day period beginning on the date of 
     the enactment of this Act, make such corrections to the map 
     described in subsection (b) as are necessary--
       (1) to move on that map the eastern boundary of the 
     excluded area covering Ocean Beach, Seaview, Ocean Bay Park, 
     and part of Point O'Woods to the western boundary of the 
     Sunken Forest Preserve; and
       (2) to ensure that on that map the depiction of areas as 
     ``otherwise protected areas'' does not include any area that 
     is owned by the Point O'Woods Association (a privately held 
     corporation under the laws of the State of New York).
       (b) Map Described.--The map described in this subsection is 
     the map that is included in a set of maps entitled ``Coastal 
     Barrier Resources System'', dated October 24, 1990, that 
     relates to the unit of the Coastal Barrier Resources System 
     entitled Fire Island Unit NY-59P.
                                                                    ____

                                       Department of the Interior,


                                    Fish and Wildlife Service,

                                 Washington, DC, October 20, 1995.
     Senator Alfonse M. D'Amato
     U.S. Senate, Washington, DC.
       Dear Senator D'Amato, At the request of staff on the Senate 
     Committee on Environment and Public Works and the Committee 
     on Banking, Housing, and Urban Affairs, I am writing to 
     inform you of the position of the Department of the Interior 
     on legislation to modify unit NY59P of the Coastal Barrier 
     Resources System. This letter is consistent with testimony 
     before the House Committee on Resources, which I have 
     enclosed.
       The House Resources Committee is in the process of 
     reviewing H.R. 2005, a bill introduced by Congressman Forbes 
     making technical corrections to maps relating to the Coastal 
     Barrier Resources System. The U.S. Fish & Wildlife Service 
     supports passage of H.R. 2005 in its current form and agrees 
     with the removal of a portion of unit NY59P from the Coastal 
     Barrier System to correct a technical error. However, we 
     would oppose the addition of other provisions dealing with 
     any other units to this bill without full opportunity for 
     Service review.
       H.R. 2005 seeks to remove a portion of unit NY59P, Fire 
     Island, New York, from the Coastal Barrier System. This unit 
     is part of the Fire Island National seashore and is mapped as 
     an otherwise protected area. Otherwise protected areas are 
     defined by the CBRA as coastal barriers which are ``included 
     within the boundaries of an area established under Federal, 
     State, or local law, or held by a qualified organization as 
     defined in Section 170(h)(3) of the Internal Revenue Code of 
     1954, primarily for wildlife refuge, sanctuary, recreational, 
     or natural resource conservation purposes.'' The Department 
     of the Interior recommended to Congress that otherwise 
     protected areas not be included in the System and therefore 
     no further refinement of the mapped boundaries were made. 
     However, with the passage of the 1990 legislation, Congress 
     prohibited the sale of Federal flood insurance within 
     otherwise protected areas thus retaining these units in the 
     System. The property owned by the Point O'Woods Association 
     in unit NY59P is not part of this otherwise protected area 
     and therefore, was mistakenly included in the System.

[[Page S15406]]

       The Service recommends that the boundary of NY59P be 
     modified to remove the Point O'Woods property from within the 
     boundary of NY59P, and we support H.R. 2005 in its current 
     form. Please feel free to contact me or our Office of 
     Congressional and Legislative Services if you have questions 
     or require further information.
           Sincerely,
                                             ------ ------ ------,

                     Assistant Director, External Affairs.

                                 ______