[Senate Report 105-352]
[From the U.S. Government Publishing Office]
Calendar No. 661
105th Congress Report
SENATE
2d Session 105-352
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COASTAL BARRIER RESOURCES SYSTEM MAP CORRECTION--UNIT FL-35, FLORIDA
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September 28, 1998.--Ordered to be printed
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Mr. Chafee, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 2470]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2470) to direct the Secretary of the
Interior to make technical corrections to a map relating to the
Coastal Barrier Resources System, having considered the same
and an amendment thereto, reports favorably thereon and
recommends that the bill, as amended, 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.
Pumpkin Key is a 25.6 acre island in upper Key Largo,
Florida. Based on information available to the U.S. Fish and
Wildlife Service, Pumpkin Key was added to the coastal barrier
resources system in 1990 as an ``undeveloped coastal barrier''.
This determination was based on evidence that the island had
only three insurable structures, which did not satisfy the 1-
structure per 5-acre requirement, and that it lacked a ``full
complement of infrastructure'', defined to include water
supply, wastewater disposal, electricity and paved roads.
Based on more recent information, the U.S. Fish and
Wildlife Service has now concluded that the island met the
requirements to be considered ``developed'' in 1990. In
addition to evidence that electricity, water and wastewater
disposal capacity existed for every building lot on the island
prior to 1990, the island contained more than two miles of
paved golf cart paths. Since there is no bridge or ferry access
to the island and no automobiles, these paths provide the
transportation infrastructure for the island. The U.S. Fish and
Wildlife Service has concluded that this modification to the
boundary constitutes a technical correction.
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 in the affected
unit. 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. 2470 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 September 15, 1998, Senator Graham introduced S. 2470, a
bill to direct the Secretary of the Interior to make technical
corrections to a map relating to one unit, FL-35, to remove
portions of that unit from the Coastal Barrier Resources
System. On Tuesday, September 22, 1998, the committee held a
hearing on S. 2470. Testimony was given by Mr. Gerry Jackson,
Assistant Director of Ecological Services, the U.S. Fish and
Wildlife Service; Ms. Jacqueline Savitz, Executive Director,
Coast Alliance; Mr. Thomas Z. Hayward, Jr., President, Terra
Cotta Realty, Inc.; and Mr. Ralph DeGennarro, Executive
Director, Taxpayers for Common Sense. On Wednesday, September
23, 1998, the committee held a business meeting to consider S.
2470. Senator Graham offered an amendment, which was adopted by
voice vote. S. 2470, as amended, was favorably reported out of
the committee by voice vote. No rollcall votes occurred on this
bill.
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, September 25, 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. 2470, a bill to
direct the Secretary of the Interior to make corrections to a
map 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.
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Congressional Budget Office Cost Estimate
S. 2470, A bill to direct the Secretary of the Interior to
make technical corrections to a map relating to the Coastal
Barrier Resources System, as ordered reported by the Senate
Committee on Environment and Public Works on September 23,
1998.
CBO estimates that enacting S. 2470 would result in no
significant cost to the Federal Government. Because the bill
could affect direct spending, pay-as-you-go procedures would
apply, but we expect that net changes in direct spending would
be negligible. S. 2470 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would impose no costs on State, local, or tribal
governments.
S. 2470 would direct the Secretary ofthe Interior to
exclude 25-acre Pumpkin Key, Florida, from the Coastal Barrier
Resources System. This change would enable local property
owners to obtain Federal flood insurance. 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 about $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 affect this land,
but CBO has no basis for predicting such floods or their
resulting costs.
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 the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.