[Senate Report 105-214]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 412
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-214
_______________________________________________________________________


 
            COASTAL BARRIER RESOURCES SYSTEM MAP CORRECTION

                                _______
                                

                 June 12, 1998.--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 S. 1104]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1104) to direct the Secretary of the 
Interior to make corrections in maps relating to the Coastal 
Barrier Resources System, having considered the same, reports 
favorably thereon and recommends that the bill 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 restricted 
Federal expenditures and financial assistance, including 
Federal flood insurance, 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.
    This bill makes a boundary change to Unit M09, Edisto 
Island, South Carolina. Unit M09 has been part of the coastal 
barrier system since the passage of the Coastal Barrier 
Resources Act in 1982. In 1987, Edisto Island was transferred 
to and annexed by Colleton County from Charleston County. In 
1988, after public notice and comment, the Fish and Wildlife 
Service recommended that this unit be expanded to include 
additional areas on Edisto Island. The Fish and Wildlife 
Service was not advised that a jurisdictional transfer had 
occurred and provided maps relating to Edisto Island to 
Charleston County, rather than Colleton County. Because 
Colleton County did not have the appropriate maps, they 
provided inaccurate maps to landowners at a time when 
significant economic development decisions were being made.
    The area in question was correctly mapped as an undeveloped 
coastal barrier, but extraordinary miscommunication at the 
Federal, State and local levels failed to ensure that the 
appropriate maps were being provided to the public. As a 
result, when the landowner inquired from Colleton County about 
the status of his land with respect to the CBRS, he was given 
inaccurate information. The change made by this bill is based 
solely on the unprecedented and unique procedural circumstances 
in this case. It is not anticipated that there would be other 
instances that would warrant similar changes. The law only 
requires CBRS maps to be on file at the United States Fish and 
Wildlife Service, and reporting this bill does not imply that 
landowners should rely on maps filed at any other location to 
determine whether or not their property is located within the 
CBRS.

                     Objectives of the Legislation

    S. 1104 directs the Secretary of the Interior to restore 
the boundary of Unit M09 (Edisto Island) to the original 
September 30, 1982 boundary on the portion of Edisto Island 
located immediately to the south and west of Jeremy Cay 
Causeway.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill. The reported bill 
will provide regulatory relief to landowners of the affected 
unit in Edisto Island. This bill will not have any adverse 
impact on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 1104 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 July 31, 1997, Senator Hollings introduced S. 1104, a 
bill to direct the Secretary of the Interior to change maps 
relating to one unit, M09 (Edisto Island), to remove portions 
of that unit from the Coastal Barrier Resources System 
(System). No hearings were held on this bill. On Thursday, May 
21, 1998, the Committee on Environment and Public Works held a 
business meeting to consider S. 1104, which was favorably 
reported by the committee by voice vote.
    During the 104th Congress Senator Hollings introduced S. 
810, legislation virtually identical to S. 1104. No committee 
action was taken on S. 810.

                          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, May 29, 1998.

Hon. John H. Chafee, 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 S. 1104, a bill to 
direct the Secretary of the Interior to make corrections in 
maps relating 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,
                                           June E. O'Neill,
                                                          Director.
                                ------                                


               Congressional Budget Office Cost Estimate

    S. 1104, a bill to direct the Secretary of the Interior to 
make corrections in maps relating to the Coastal Barrier 
Resources System, as ordered reported by the Senate Committee 
on Environment and Public Works on May 21, 1998.
    CBO estimates that enacting S. 1104 would result in no 
significant cost to the Federal Government. Because the bill 
would affect direct spending, pay-as-you-go procedures would 
apply, but we expect that net changes in direct spending would 
be negligible. S. 1104 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would have no significant impact on the budgets 
of State, local, or tribal governments.
    S. 1104 would direct the Secretary of the Interior to 
exclude a portion of Edisto Island, South Carolina, from the 
Coastal Barrier Resources System. This change would enable 
local property owners to obtain Federal flood insurance for 
houses that have been or will be constructed on about 15 
residential lots. Once insurance policies have been written on 
all of the affected properties, offsetting collections into the 
national flood insurance fund from premiums would increase by 
less than $20,000 per year. Collections would be partially 
offset-by new mandatory spending for underwriting and 
administrative expenses. The Federal Government may also incur 
additional costs for losses associated with any future floods 
that might occur, but CBO has no basis of predicting these.
    The CBO staff contact is Deborah Reis, who can be reached 
at 226-2860. This estimate was approved by Robert A. Sunshine, 
Deputy Assistant Director for Budget Analysis.

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires that changes in existing law made by the bill as 
reported must be printed in the committee report. Although S. 
1104 makes changes in the maps of the Coastal Barrier Resources 
System, no change in existing law will result from passage of 
this legislation.


                              
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