[Senate Report 105-352]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 661
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-352
_______________________________________________________________________


 
  COASTAL BARRIER RESOURCES SYSTEM MAP CORRECTION--UNIT FL-35, FLORIDA

                                _______
                                

               September 28, 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. 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.
                                ------                                


               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.

                                
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