[Senate Report 104-229]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 331
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-229
_______________________________________________________________________


 
     TECHNICAL CORRECTIONS IN COASTAL BARRIER RESOURCES SYSTEMS MAP
                                _______


                February 1, 1996.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2005]

    The Committee on Environment and Public Works, to which was 
referred the bill (H.R. 2005) to direct the Secretary of the 
Interior to make technical corrections in maps relating to the 
Coastal Barrier Resources System, having considered the same 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                           general statement

    The purpose of H.R. 2005 is to direct the Secretary of the 
Interior to make technical corrections to the boundary of an 
``otherwise protected area'' depicted on a map that relates to 
the unit of the Coastal Barrier Resources System entitled Fire 
Island Unit NY-59P.

                               background

    Coastal barriers are depositional landforms that protect 
the mainland and landward associated aquatic habitats from the 
forces of water and wind. These areas provide important habitat 
for migratory birds and other wildlife and for finfish, 
shellfish and other aquatic organisms. Coastal barriers are 
vulnerable to hurricane and other storm damage.
    The Coastal Barrier Resources System (CBRS) was created in 
1982 by the Coastal Barrier Resources Act (CBRA, Public Law 97-
348), and expanded by the Coastal Barrier Improvement Act of 
1990 (Public Law 101-591).
    Under CBRA, Federal expenditures and financial assistance 
(with some specific exceptions) are prohibited within the 
coastal barrier units that comprise the CBRS. By restricting 
funding for Federal programs, including Federal flood insurance 
coverage, that encourage development of undeveloped coastal 
barriers, Congress intended to: minimize the loss of human 
life; reduce wasteful expenditure of Federal funds; and, 
conserve fish and wildlife and other natural resources 
associated with coastal barriers. Inclusion of property within 
the CBRS, however, does not prevent use of private funds to 
develop CBRS units, nor does it prevent actions necessary to 
process and issue Federal permits necessary for development.
    The Coastal Barrier Improvement Act of 1990 defined a new 
category of coastal barriers as ``otherwise protected areas.'' 
These areas include undeveloped coastal barriers within the 
boundaries of an area established under Federal, State, or 
local law, or held by a qualified organization, primarily for 
wildlife refuge, sanctuary, recreational, or natural resource 
conservation purposes. Under the Coastal Barrier Improvement 
Act of 1990, sale of new Federal flood insurance is prohibited 
within ``otherwise protected areas,'' except for coverage of 
structures that are used in a manner consistent with the 
purpose for which the area is protected.
    The CBRA references a series of maps, maintained by the 
Department of the Interior, that depict the boundaries of the 
units of the CBRS. 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.
    H.R. 2005 corrects a technical mapping error in which 
private property, not owned for conservation purpose, was 
inaccurately included within an ``otherwise protected area'' 
within the Fire Island unit of the CBRS. The bill directs the 
Secretary of the Interior to amend the CBRS map to adjust the 
western boundary of the ``otherwise protected area'' to conform 
with the border of the Federally-protected Sunken Forest 
Preserve to ensure that the private property owned by the Point 
O'Woods Association is not erroneously depicted as an 
``otherwise protected area.''

                      section-by-section analysis

Section 1. Correction to map

    Section 1 directs the Secretary of the Interior to move the 
boundary of the ``otherwise protected area'' depicted on the 
map that relates to the unit of the Coastal Barrier Resources 
System entitled Fire Island Unit NY-59P as is necessary to 
ensure that the areas depicted as ``otherwise protected areas'' 
do not include private property that is owned by the Point 
O'Woods Association.

                                hearings

    The Committee held no hearings on H.R. 2005. The views of 
the Department of the Interior on H.R. 2005 are provided here:

                   U.S. Department of the Interior,
                                 Fish and Wildlife Service,
                                  Washington, DC, January 29, 1996.

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.
    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,
                                   John G. Rogers, Acting Director.

                             rollcall votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report.
    No rollcall votes were taken. The bill was ordered reported 
by voice vote.

                           regulatory impact

    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 bill.
    The bill does not create any additional regulatory burdens.

                        cost of the 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, December 20, 1995.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2005, an act to direct the Secretary of the 
Interior to make technical corrections in maps relating to the 
Coastal Barrier Resources System. H.R. 2005 was ordered 
reported by the Senate Committee on Environment and Public 
Works on December 19, 1995. Because the legislation could 
affect direct spending, pay-as-you-go procedures would apply. 
However, CBO estimates that enacting H.R. 2005 would result in 
no significant effect on the federal budget.
    H.R. 2005 would direct the Secretary of the Interior to 
exclude property adjacent to Fire Island National Seashore, New 
York, from the Coastal Barrier Resources System. This change 
would enable local property owners to relocate previously 
constructed houses to a portion of their property that was 
inadvertently included in the system. Because these homeowners 
already have federal flood insurance, and because it is 
unlikely that any of the property affected by the revision 
would be used for new homesites, CBO estimates that the act 
would have no significant impact on the federal budget.
    CBO expects that enacting this legislation would have no 
impact on the budgets of state or local governments.
    On October 19, 1995, CBO prepared a cost estimate for H.R. 
2005, as ordered reported by the House Committee on Resources 
on September 27, 1995. The two estimates are identical.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                   June E. O'Neill.

                        changes in existing law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires publication of any changes in existing law made by the 
reported bill. This bill does not change existing law.

                                
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