[Congressional Record Volume 142, Number 60 (Friday, May 3, 1996)]
[Senate]
[Pages S4688-S4690]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  AMAGANSETT NATIONAL WILDLIFE REFUGE

  Mr. COHEN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 378, H.R. 1836.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 1836) to authorize the Secretary of the 
     Interior to acquire property in the town of East Hampton, 
     Suffolk County, New York, for inclusion in the Amagansett 
     National Wildlife Refuge.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.
  Mr. D'AMATO. Mr. President, I rise today in support of H.R. 1836 
which will allow for the protection of New York's rarest plant species, 
the sandplain gerardia--also a federally endangered species--and six 
other rare plants while offering New Yorkers with spectacular 
recreational opportunities. I was happy to cosponsor identical 
legislation, S. 1422, which was introduced by my friend and colleague 
Senator Moynihan. This bill will authorize the U.S. Fish and Wildlife 
Service to purchase a parcel of land on the South Fork of Long Island 
known as Shadmoor.
  The Shadmoor property is a one-half mile stretch of sand, plants, and 
wildlife habitat fronted by 70-foot cliffs that reminded early settlers 
of the English moors. It is not only home to a number of rare and 
endangered plants, but also a wetland visited by several species of 
migratory birds. Also, the property is of interest to history buffs, as 
the property contains several bunkers constructed for the defense of 
America's coastline during World War II. It is truly a unique area that 
many will agree needs to be maintained.
  Currently, this beachfront land with its wonderful vistas and serene 
beauty is threatened by development. However, because of the need to 
protect the sandplain gerardia, in order to provide for the habitat for 
migratory birds, and for the recreational opportunities it affords to 
all New Yorkers, it is an area that must be given proper and prompt 
consideration. This bill achieves these goals by allowing for the 
acquisition of this land for the purposes of preserving it for 
generations to come.
  In addition, an amendment to this bill will make a technical 
correction in the maps of the Coastal Barrier Resources System [COBRA]. 
This amendment is identical to S. 1352 which I introduced earlier this 
year with my friend and colleague Senator Moynihan. In addition, 
Congressman Forbes introduced similar legislation, H.R. 2005, which 
passed the House of Representatives on October 30, 1995.
  Mr. President, the administration testified in support of the 
correction contained in this amendment before the Oceans, Fisheries, 
and Wildlife Subcommittee of the House Committee on Resources. The 
Department of the Interior's Fish and Wildlife Service acknowledges 
that it was in error when it designated part of the Point O' Woods 
community on Fire Island in New York as part of an otherwise protected 
area. This legislation directs the Secretary of the Interior to correct 
this error and thereby allow the residents of the Point O' Woods 
community to participate in the National Flood Insurance Program 
[NFIP]. It will ease community efforts to relocate houses away from 
high erosion zones and allow the community to practice effective 
coastal barrier management.
  The Federal Government actively encourages participation in the NFIP 
in order to minimize taxpayer costs in the event of a natural disaster. 
The technical correction made by this amendment will rectify a 
longstanding error and provide all eligible citizens with the 
opportunity to protect their homes with flood insurance.
  I thank Senator Moynihan, Senator Chafee, the members of their 
respective staffs, and especially the staff of the Senate Committee on 
Environmental and Public Works for working so diligently to ensure the 
passage of this important legislation.


                           Amendment No. 3957

  (Purpose: To direct the Secretary of the Interior to make technical 
 corrections to a map relating to the coastal Barrier Resources System)

  Mr. COHEN. Mr. President, I understand there is an amendment at the 
desk offered by Senators Moynihan and D'Amato. I ask for its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Maine [Mr. Cohen], for Mr. Moynihan, for 
     himself, and Mr. D'Amato, proposes an amendment numbered 
     3957.

  Mr. COHEN. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the end of the bill, add the following:

     SEC. 2. CORRECTIONS TO COASTAL BARRIER RESOURCES MAP.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     make such corrections to the map described in subsection (b) 
     as are necessary--
       (1) to move the eastern boundary of the excluded area 
     covering Ocean Beach, Seaview,

[[Page S4689]]

     Ocean Bay Park, and part of Point O'Woods to the western 
     boundary of the Sunken Forest Preserve; and
       (2) to ensure that 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''.

  Mr. CHAFEE. Mr. President, I am pleased that the Senate is 
considering H.R. 1836, legislation which authorizes the Secretary of 
the Interior to acquire 98 acres, known as the Shadmoor parcel, in East 
Hampton, NY, for inclusion in the Amagansett National Wildlife Refuge. 
Identical companion legislation, S. 1422, was introduced by Senators 
Moynihan and D'Amato on November 17, 1995 and recently reported by the 
Environment and Public Works Committee.
  This legislation will strengthen conservation of important fish and 
wildlife within the National Wildlife Refuge System by protecting 
valuable coastal habitat for the federally endangered sandplain 
gerardia, 4 State-listed plant species, and over 70 species of birds, 
mammals, reptiles, and amphibians.
  The Shadmoor parcel consists of maritime shrubland, freshwater 
wetlands, and rare maritime grassland. If acquired, this critical 
coastal habitat would be managed from the existing refuge offices for 
the Long Island National Wildlife Refuge Complex, with no additional 
staff needed. While the estimated costs for acquisition of the Shadmore 
parcel range from $5 to $8 million, it is expected that the town of 
East Hampton and the local chapter of the Nature Conservancy will 
contribute a considerable portion of the project's total cost. I 
applaud the local community for their support for the Amagansett 
Refuge. This kind of partnership between the Fish and Wildlife Service, 
the local government, and conservation groups is exactly what we need 
as we seek to stretch limited Federal dollars.
  Mr. President, I also support the amendment to H.R. 1836 offered by 
Senators Moynihan and D'Amato. This amendment also addresses important 
coastal resources on the barrier islands off the coast of New York. The 
Moynihan-D'Amato amendment simply adds a new section to H.R. 1836 
directing the Secretary of the Interior to correct an error in the map 
relating to the Fire Island Unit of the Coastal Barrier Resources 
System. This provision has already been included in legislation, H.R. 
2005, reported by the Environment and Public Works Committee last year 
and is identical to S. 1352, a bill introduced by Senators D'Amato and 
Moynihan.

  This noncontroversial legislation would correct a mapping error by 
the Department of the Interior. Certainly, the residents of Point 
O'Woods, NY--the area affected by this legislation--deserve to have 
this matter set straight.
  Let me take a moment to describe how we got here.
  In 1982, Congress enacted the Coastal Barrier Resources Act to 
promote several important goals--conservation of fish and wildlife, 
minimization of loss of human life, and reduction in Federal 
expenditures. How does this law accomplish all of this? It's simple. 
The Coastal Barrier Resources Act prohibits most Federal Expenditures 
and financial assistance within undeveloped coastal barriers that are 
designated as units of the Coastal Barrier Resources System.
  Mr. President, the Coastal Barrier Resources Act makes perfect fiscal 
and environmental sense. It gets the Federal Government out of the 
expensive business of subsidizing development of ecologically sensitive 
and dangerous coastal areas. In fact, between 1982 and 1990, savings 
associated with the Coastal Barrier Resources Act were estimated by the 
Department of the Interior at over $830 million.
  With passage of the Coastal Barrier Improvement Act of 1990, Congress 
doubled the size of the Coastal Barrier Resources System, adding areas 
along the coast of the Atlantic Ocean and the gulf of Mexico, the 
beaches of Puerto Rico and the Virgin Islands, and the shores of the 
Great Lakes. The 1990 law also established a new category of coastal 
barriers designated as ``otherwise protected areas.'' These encompass 
undeveloped coastal barriers with the boundaries of areas that are 
owned and managed for conservation purposes. Thus, otherwise protected 
areas include open spaces such as parklands, sanctuaries, and forest 
preserves. Under the 1990 law, sale of new Federal flood insurance is 
prohibited within otherwise protected areas, with one exception. 
Federal flood insurance can be obtained for structures that are used in 
a manner that is consistent with the purpose for which the area is 
protected.

  Both the Coastal Barrier Resources Act and the 1990 act to expand the 
Coastal Barrier Resources System refer to a series of maps, approved by 
Congress and maintained by the U.S. Fish and Wildlife Service, that 
depict the boundaries of the system units and the otherwise protected 
areas. Unfortunately, the map of the Fire Island Unit that was added in 
1990 erroneously depicts a private area owned by the Point O'Woods 
Association as part of an otherwise protected area, known as the Sunken 
Forest Preserve. To correct this mistake, the Department of the 
Interior has recommended that the Point O'Woods property be removed 
from within the boundary depicted on the map for Fire Island Unit NY-
59P. And, the Moynihan-D'Amato amendment does just that.
  Mr. President, this legislation directs the Secretary of the Interior 
to correct the error on the map relating to the Fire Island Unit of the 
Coastal Barrier Resources System by modifying the boundary of the 
otherwise protected area to exclude the Point O'Woods Association's 
property. As I mentioned, a bill to make this correction was introduced 
by Senator D'Amato and Senator Moynihan earlier this Congress and 
reported by the Environment and Public Works Committee.
  I urge my colleagues to support this amendment. It is important that 
the Congress modify the maps of Coastal Barrier Resources System units 
and otherwise protected areas when true mapping errors are identified. 
That is why we enacted a technical corrections bill last Congress, 
Public Law 103-461, and why I support this legislation. In each case, 
changes to the boundaries depicted on the Coastal Barrier Resources 
System maps were necessary because the areas in question did not 
qualify as undeveloped coastal barriers or as otherwise protected areas 
at the time that they were included in the system by Congress. And, in 
each case, the Department of the Interior supported making technical 
changes to the maps.
  Mr. President, the integrity of the Coastal Barrier Resources 
System--a system that continues to save American taxpayers money--
depends on maintenance of strict standards. Of course there are plenty 
of landowners who would prefer not to be included in the Coastal 
Barrier Resources System. But, it would undermine the purposes of the 
Coastal Barrier Resources Act if Congress were to start removing areas 
that did qualify as undeveloped coastal barriers when they were 
included in the system in 1982 or 1990. Not only that, but it would be 
patently unfair to property owners who are within the Coastal Barrier 
Resources System if Congress started to bend the rules for some but not 
for others.
  I would like to thank the Senators from New York for working closely 
with the committee on this legislation authorizing the Secretary of the 
Interior to acquire an area of critical coastal habitat and making a 
needed correction in the Coastal Barrier Resources System. H.R. 1836 
deserves enactment without delay.
  Mr. President, I ask unanimous consent that two letters from the 
Department of the Interior in support of the provisions included in the 
Moynihan-D'Amato amendment be printed in the Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                       Department of the Interior,


                                    Fish and Wildlife Service,

                                                   Washington, DC.
     Hon. John H. Chafee,
     Chairman, Committee on Environment and Public Works, U.S. 
         Senate, Washington, DC.
       Dear Mr. Chairman: Thank you for your January 26, 1996, 
     request for the Department of the Interior's position 
     regarding H.R. 2005, a bill proposing to make technical 
     corrections to the Coastal Barrier Resources System.

[[Page S4690]]

       Bill H.R. 2005 proposes to make technical corrections to 
     the area identified as NY-59P which is part of the Fire 
     Island National Seashore and is mapped as an ``otherwise 
     protected area'' within the Coastal Barrier Resources System. 
     This area was added to the System as a result of the Coastal 
     Barrier Improvement Act in 1990.
       ``Otherwise protected areas'' are defined by the Coastal 
     Barrier Resources Act 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.'' Congress with passage of the 1990 legislation, 
     prohibited the sale of Federal flood insurance within 
     ``otherwise protected areas.''
       Bill H.R. 2005 will modify the area currently excluded from 
     NY-59P which includes the subdivisions of Ocean Beach, 
     Seaview, Ocean Bay Park and a part of Point O'Woods by 
     extending this excluded area to the western boundary of the 
     Sunken Forest Preserve; thus, removing a part of NY-59P from 
     the System. Bill H.R. 2005 also proposes ``to ensure that 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).''
       The Point O'Woods Association property is not a part of the 
     Fire Island National Seashore. Therefore, the Service 
     recommends that the boundary of NY-59P be modified to remove 
     the Point O'Woods property from within the boundary of NY-
     59P.
       After careful consideration, we have determined that this 
     change is consistent with the ``technical corrections'' that 
     were approved by Congress with passage of the recent Public 
     Law 103-461, November 2, 1994, using the delineation criteria 
     formerly developed by the Department and later approved by 
     Congress. Therefore, the area should not remain in the System 
     and does require ``correction.''
       The Department supports passage of H.R. 2005.
       We appreciate the opportunity to provide you with this 
     information. If you have any questions, please contact the 
     Office of Legislative Services at (202) 208-5403.
           Sincerely,
                                                     ------ ------
     Director.
                                                                    ____

                                       Department of the Interior,


                                        National Park Service,

                                     Patchogue, NY, June 27, 1995.
     Robert Kingsbury,
     President, Point O'Woods Association, Point O'Woods, NY.
     Re Coastal Barrier Resources System.
       Dear Mr. Kingsbury: I support your community's efforts to 
     make the appropriate technical corrections to the Coastal 
     Barrier Resources Systems map of Fire Island that was adopted 
     by Congress in 1990. The corrected map will resolve the 
     development inequities resulting from the flood insurance 
     restrictions placed upon the eastern portion of Point O'Woods 
     in its designation as an ``otherwise protected area'', under 
     the Coastal Barrier Resources Act.
       As you are aware, the legislation establishing the Fire 
     Island National Seashore (Public Law 88-587, 1964) 
     contemplates that the existing communities on Fire Island 
     would continue to be available for human habitation and 
     development, and prohibited, with minor exceptions, the 
     Secretary of the Interior from acquiring land within those 
     communities.
       The mapping done in 1990 excluded from ``otherwise 
     protected area'' status the other 16 communities on Fire 
     Island, while designating the eastern part of Point O'Woods 
     as an ``otherwise protected area''. Although located within 
     the park's boundary, these communities are comprised of 
     privately held properties and are, therefore, not considered 
     by the park service to be ``inholdings''. As such, the 
     community of Point O'Woods should not be designated as an 
     ``otherwise protected area''. Additionally, Point O'Woods 
     does not fit within the definition of ``undeveloped coastal 
     barrier'', in that there are approximately 150 man-made 
     structures in this 160-acre community.
       It was an error that should be corrected, in order to grant 
     the Point O'Woods community the same development rights as 
     every other existing community on Fire Island, as defined in 
     the Seashore's Federal Zoning Standards (36 C.F.R. Part 28). 
     In other words, the continued use of relocated residences 
     into areas within the community, and away from high erosional 
     hazards is consistent with Fire Island National Seashore 
     policy. An amended map would enable more effective coastal 
     barrier management in the future. If you have any questions, 
     or wish to discuss this further, feel free to call me at 
     (516) 289-4810.
           Sincerely,
                                                    Jack Hauptman,
                                                   Superintendent.

  Mr. COHEN. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the bill be deemed read a third time, passed, as amended, 
and the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be placed at the appropriate place in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3957) was agreed to.
  The bill (H.R. 1836) was deemed read the third time and passed.

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