[Congressional Record Volume 145, Number 154 (Thursday, November 4, 1999)]
[Senate]
[Pages S14005-S14007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM ACT

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate 
now proceed to the immediate consideration of S. 1866, introduced 
earlier today by Senator Smith of New Hampshire and others.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1866) to redesignate the Coastal Barrier 
     Resources System as the ``John H. Chafee Coastal Barrier 
     Resources System''.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SMITH of New Hampshire. Mr. President, this bill would 
redesignate the Coastal Barrier Resources System as the ``John H. 
Chafee Coastal Barrier Resources System.''
  As you all know, my friend, the late Senator John Chafee, worked 
tirelessly to ensure that the natural resources of this nation are 
protected. I can think of no tribute that is more fitting than to 
rename the Coastal Resources System after him. Whenever we discussed 
the Coastal Barrier Resources Act it was not unusual for Senator Chafee 
to comment that ``There are times around here that we all do things 
right, and this is one of them.''
  Senator Chafee is considered the father of the Coastal Barrier 
Resources Act, and it epitomizes the common sense approach he took in 
protecting our environment. When Senator Chafee introduced this 
legislation in 1990 he recognized that the federal government didn't 
have the financial resources to buy this land, as well as recognizing 
the need for Congress to find a unique and different way to protect our 
sensitive coastal barriers.
  The Coastal Barrier Resources Act does just that. The act prohibits 
the Federal government from subsidizing flood insurance, and restricts 
other federal expenditures and financial assistance, such as beach 
replenishment, that encourage the development of our coastal barriers. 
All to often taxpayers are asked to subsidize the rebuilding of homes 
in these sensitive storm and flood prone areas not just once, but two, 
three, even four times. Restricting funding for Federal programs will 
minimize loss of human life, reduce wasteful expenditure of Federal 
funds, and protect the natural resources associated with coastal 
barriers.
  As I said last week on the floor, this act is vintage Chafee: 
balanced, fiscally prudent, and environmentally protective.
  The Coastal Barrier Resources System protects approximately 3 million 
acres and 2,500 shoreline miles from development subsidized by the 
federal government. Development of coastal barrier land decreases their 
ability to absorb the force of storms, buffer the mainland, and provide 
critical habitat to numerous plant and animal species. The devastating 
floods of Hurricane Floyd are yet another reminder of the 
susceptibility of coastal development to the power of nature.

[[Page S14006]]

  Senator Chafee was instrumental in reauthorizing the legislation in 
1990 and had recently introduced a new reauthorization measure. By 
renaming the Coastal Barrier Resources Act after Senator Chafee, this 
legislation honors the invaluable contributions the Senator made to the 
environment during his tenure in the Senate.
  Mr. President, I ask unanimous consent that a statement in support of 
this legislation from the Coast Alliance, a network of more than 500 
organizations working to protect America's coastal resources, be 
printed in the Record immediately after my remarks.
  The PRESIDING OFFICER. Without objection it is so ordered.
  (See exhibit 1.)
  Mr. SMITH of New Hampshire. In closing I would like to leave you with 
a quote from President Teddy Roosevelt that Senator Chafee used in 1990 
when he introduced the bill:

       The prosperity of our people depends on the energy and 
     intelligence with which our natural resources are used. It is 
     equally clear that these resources are the final basis of 
     national power and perpetuity.

  I urge my colleagues to support this legislation.

                               Exhibit 1

Statement of Jacqueline Savitz, Executive Director, Coast Alliance, on 
          the John Chafee Coastal Barrier Resources System Act

       The Coast Alliance leads a network composed of over 500 
     organizations along America's coasts working to protect our 
     priceless coastal resources. The Alliance worked with Senator 
     John Chafee to help pass the Coastal Barrier Resources Act in 
     1982 and to expand it in 1990. The Alliance has continuously 
     defended and built support for the Coastal Barrier Resources 
     System since that time. Coast Alliance strongly supports this 
     bill to rename the Coastal Barrier Resource System in Senator 
     Chafee's honor.
       Senator John Chafee's work to create and protect the CBRS 
     was unequaled, leaving a precious legacy for this and 
     hopefully future generations. The Coast Alliance commends the 
     cosponsors of this bill for recognizing Senator Chafee's work 
     by renaming the Act and the System. The John H. Chafee 
     Coastal Barrier Resource Act should stand as a testament to 
     the vision and perseverance of Senator Chafee in defense of 
     barrier islands.
       Prior to his death, Senator Chafee authored a bill to 
     reauthorize the Act and included provisions that would allow 
     for citizens to make voluntary additions to the System. Coast 
     Alliance urges the Environment and Public Works Committee and 
     the Senate to make quick work of Chafee's bill, passing it as 
     he wrote it, and as soon as is feasible.
       Finally, Coast Alliance wishes to recognize that Senator 
     Chafee's appreciation of nature extended beyond barrier 
     islands, and his work to protect our National Wildlife 
     Refuges also should be recognized. Coast Alliance urges that 
     the Committee consider adding to its memorial by naming a 
     National Wildlife Refuge in Senator John Chafee's memory.
       The Board of Directors and staff of the Coast Alliance wish 
     to convey their sympathy to the Chafee family, and to the 
     Senator's colleagues and staff. We thank Chairman Smith and 
     the Environment and Public Work Committee for their 
     leadership on this bill.

  Mr. BAUCUS. Mr. President, this bill is a fitting tribute to our 
beloved former chairman of the Environment and Public Works Committee, 
the late Senator John Chafee. I commend our new Chairman, Senator 
Smith, for conceiving of this tribute, and am pleased to join him and 
others in introducing the bill.
  Over the past week or so, many of us have spoken of the sadness we 
feel at Senator Chafee's passing. We have spoken of his contributions 
to legislative debates, and in particular the work he did to improve 
our major environmental laws, such as the Clean Air Act, the Clean 
Water Act, and Endangered Species Act.
  The bill we are introducing today shows another side of Senator 
Chafee's work. He wasn't just interested in issues that bring headlines 
and accolades. When he came to work each morning, he tried to make 
things better, however he could, in ways both large and small.
  The Coastal Barriers Resources System was one of those relatively 
small, but significant, accomplishments. Very few people have heard 
about it. But it's made a difference.
  Senator Chafee proposed the Coastal Barriers Resources Act in 1981. 
It was enacted into law in 1982 and reauthorized in 1990.
  The act establishes the Coastal Barrier Resources System, which 
comprises about 3 million acres of fragile coastal habitat covering 
2,500 shoreline miles. Within the system, certain types of federal 
assistance, such as flood insurance and funding to replenish beaches, 
is prohibited. If someone wants to build in one of these areas, such as 
along a beach that is highly edible and in the frequent path of 
hurricanes, fine.
  But taxpayers will not help foot the bill.
  In this way, the act promotes two simple, common-sense ideas: 
conservation and thrift.
  It promotes conservation because coastal barriers are very important 
and fragile ecosystems. Senator Chafee put it this way, at the first 
hearing on his bill, in Providence in 1982. He said:

       These beaches and islands are places of incredible beauty 
     that deserve to be protected so that they can be open for 
     enjoyment by everybody, all the citizens of our country.

He continued:

       The grassy dunes, salt marshes, and tidal estuaries of the 
     barrier islands [also] provide essential areas where healthy 
     wildlife populations can find shelter, food and a tranquil 
     place to raise their young.

  By discouraging development in these areas, the Coastal Barrier 
Resources Act promotes conservation.
  The act also promotes thrift. Simply put, it's a waste of taxpayers' 
money to subsidize development that not only harms the environment, but 
that also is likely, at some point, to be swept out to sea.
  When he signed the act into law, President Reagan said that it ``will 
save American taxpayers millions of dollars.'' and that's turned out to 
be the case.
  Conservation and thrift. Good Yankee virtues, characteristic of John 
Chafee.
  One more thing. In his eulogy last Saturday, former Senator Danforth 
talked about how John Chafee tried to bring people together.
  This is yet another example. When all the painstaking work was done, 
the Coastal Barrier Resources Act reflected a bipartisan consensus. It 
was supported by virtually everyone--from the National Taxpayers Union, 
to the Red Cross, to the major environmental groups. It was enacted 
with only four dissenting votes in the entire Congress.
  It brought people together.
  Mr. President, two weeks ago, Senator John Chafee introduced a bill 
to reauthorize the Coastal Barrier Resources Act. It turned out to be 
the very last bill that he introduced.
  The bill that we are introducing today takes a further step. It names 
the system that he created, and nurtured, the John H. Chafee Coastal 
Barrier Resources System.
  It is a modest, but fitting, tribute.
  Mr. CRAPO. Mr. President, I applaud Senator Smith, the new chairman 
of the Environment and Public Works Committee, for this effort on 
behalf of the Senate to honor our late friend, John Chafee.
  Although not widely-known,the Coastal Barrier Resources Act (CBRA) 
statute is an important component of our national commitment to 
balancing the needs of our environment, minimizing risks to human life, 
and fiscal responsibility. Being such a careful balance, the act 
reflects John Chafee's approach to legislating--fair, deliberate, and 
environmentally conscious.
  In 1982, the then-chairman of the Senate Environment and Public Works 
Subcommittee on Environmental Pollution, Senator Chafee, became the 
leading champion of efforts to address problems caused by development 
on highly erodible coastal areas. The CBRA concept took a unique 
approach to protecting these coastal areas, not by instituting a wide 
range of new federal regulations as some suggested, but by prohibiting 
certain federal spending that could promote development that would not 
otherwise take place.
  Subsequent reauthorization of the act in 1990 significantly expanded 
the CBRA System and incorporated ``Otherwise Protected Areas'' into the 
protective umbrella. Today, the CBRA System includes 585 units and 274 
OPAs, comprising over 3 million acres of coastal barriers.
  CBRA does not prohibit development in coastal areas, nor deny private 
or non-federal funds from being spent even with the CBRA System. It 
does, however, protect taxpayer dollars--including flood insurance, 
loans, grants, and assisting infrastructure projects--from being spent 
on development projects in areas where the very instability of the 
terrain makes development a risky proposition. It also discourages 
development in areas where

[[Page S14007]]

human life is at increased risk from the full force of coastal weather 
events.
  A General Accounting Office report from 1992 underscores the 
successes and challenges of the system. Although CBRA's restrictions 
have discouraged development in some units, saving taxpayer dollars, 
other units have seen development pressures result in new construction 
projects.
  Senator Chafee's long leadership on this issue has demonstrated the 
vitality of the idea of protecting important environmental areas 
without putting restrictions on private actions. As Chairman of the 
successor subcommittee with jurisdiction over CBRA and a staunch 
defender of creative solutions to problems affecting our environment, I 
look forward to helping advance John Chafee's legacy by supporting this 
measure and working to enact his last introduced bill, S. 1752.
  Mr. President, S. 1752, the Coastal Barrier Resources Reauthorization 
Act, was introduced by our late Chairman before his passing and would 
update the underlying law for the 21st Century by coupling current 
mapping technology with new advances in digital cartography and by 
establishing statutory clarity in describing which areas are covered by 
the CBRA System.
  In closing, I commend Senator Smith and Senator Baucus for their 
commitment to honoring John Chafee by naming the CBRA System for him. 
John Chafee was truly a man of vision with a gentle spirit that made 
the difficult tasks in Congress that much more easy. His presence had a 
calming influence when so often discussions became overheated in this 
Chamber or in the Environment and Public Works Committee. No one can 
replace him, but others should and will try to follow his example. He 
will be truly missed.
  Mr. GRASSLEY. I ask unanimous consent that the bill be read a third 
time and passed, the motion to reconsider be laid upon the table, and 
any statements relating to this bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1866) was read the third time and passed, as follows:

                                S. 1866

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``John H. Chafee Coastal 
     Barrier Resources System Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) during the past 2 decades, Senator John H. Chafee was a 
     leading voice for the protection of the environment and the 
     conservation of the natural resources of the United States;
       (2) Senator Chafee served on the Environment and Public 
     Works Committee of the Senate for 22 years, influencing every 
     major piece of environmental legislation enacted during that 
     time;
       (3) Senator Chafee led the fight for clean air, clean 
     water, safe drinking water, and cleanup of toxic wastes, and 
     for strengthening of the National Wildlife Refuge System and 
     protections for endangered species and their habitats;
       (4) millions of people of the United States breathe cleaner 
     air, drink cleaner water, and enjoy more plentiful outdoor 
     recreation opportunities because of the work of Senator 
     Chafee;
       (5) in 1982, Senator Chafee authored and succeeded in 
     enacting into law the Coastal Barrier Resources Act (16 
     U.S.C. 3501 et seq.) to minimize loss of human life, wasteful 
     expenditure of Federal revenues, and damage to fish, 
     wildlife, and other natural resources associated with the 
     coastal barriers along the Atlantic and Gulf Coasts; and
       (6) to reflect the invaluable national contributions made 
     by Senator Chafee during his service in the Senate, the 
     Coastal Barrier Resources System should be named in his 
     honor.

     SEC. 3. REDESIGNATION OF COASTAL BARRIER RESOURCES SYSTEM IN 
                   HONOR OF JOHN H. CHAFEE.

       (a) In General.--The Coastal Barrier Resources System 
     established by section 4(a) of the Coastal Barrier Resources 
     Act (16 U.S.C. 3503(a)) is redesignated as the ``John H. 
     Chafee Coastal Barrier Resources System''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Coastal Barrier Resources System shall be deemed to be a 
     reference to the John H. Chafee Coastal Barrier Resources 
     System.
       (c) Conforming Amendments.--
       (1) Section 2(b) of the Coastal Barrier Resources Act (16 
     U.S.C. 3501(b)) is amended by striking ``a Coastal Barrier 
     Resources System'' and inserting ``the John H. Chafee Coastal 
     Barrier Resources System''.
       (2) Section 3 of the Coastal Barrier Resources Act (16 
     U.S.C. 3502) is amended by striking ``Coastal Barrier 
     Resources System'' each place it appears and inserting ``John 
     H. Chafee Coastal Barrier Resources System''.
       (3) Section 4 of the Coastal Barrier Resources Act (16 
     U.S.C. 3503) is amended--
       (A) in the section heading, by striking ``COASTAL BARRIER 
     RESOURCES SYSTEM'' and inserting ``JOHN H. CHAFEE COASTAL 
     BARRIER RESOURCES SYSTEM''; and
       (B) in subsection (a), by striking ``the Coastal Barrier 
     Resources System'' and inserting ``the John H. Chafee Coastal 
     Barrier Resources System''.
       (4) Section 10(c)(2) of the Coastal Barrier Resources Act 
     (16 U.S.C. 3509(c)(2)) is amended by striking ``Coastal 
     Barrier Resources System'' and inserting ``System''.
       (5) Section 10(c)(2)(B)(i) of the Coastal Barrier 
     Improvement Act of 1990 (12 U.S.C. 1441a-3(c)(2)(B)(i)) is 
     amended by striking ``Coastal Barrier Resources System'' and 
     inserting ``John H. Chafee Coastal Barrier Resources 
     System''.
       (6) Section 12(5) of the Coastal Barrier Improvement Act of 
     1990 (16 U.S.C. 3503 note; Public Law 101-591) is amended by 
     striking ``Coastal Barrier Resources System'' and inserting 
     ``John H. Chafee Coastal Barrier Resources System''.
       (7) Section 1321 of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4028) is amended--
       (A) by striking the section heading and inserting the 
     following:


          ``john h. chafee coastal barrier resources system'';

     and
       (B) by striking ``Coastal Barrier Resources System'' each 
     place it appears and inserting ``John H. Chafee Coastal 
     Barrier Resources System''.

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