[House Report 106-218]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-218

======================================================================



 
         COASTAL BARRIER RESOURCES REAUTHORIZATION ACT OF 1999

                                _______
                                

  July 1, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1431]

      [Including cost estimate of the Congressional Budget Office

  The Committee on Resources, to whom was referred the bill 
(H.R. 1431) to reauthorize and amend the Coastal Barrier 
Resources Act, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Coastal Barrier Resources 
Reauthorization Act of 1999''.

SEC. 2. ADDITIONS TO COASTAL BARRIER RESOURCES SYSTEM.

  (a) Voluntary Additions.--Section 4 of the Coastal Barrier Resources 
Act (16 U.S.C. 3503) is amended by adding at the end the following:
  ``(d) Voluntary Additions to System.--The Secretary may add any 
parcel of real property to the System, if--
          ``(1) the owner of the parcel requests that the Secretary add 
        the parcel to the System; and
          ``(2) the parcel is a depositional geologic feature described 
        in section 3(1)(A).''.
  (b) Technical Amendments Relating to Additions of Excess Property.--
          (1) In general.--Section 4(d) of the Coastal Barrier 
        Improvement Act of 1990 (16 U.S.C. 3503 note)--
                  (A) is redesignated and moved so as to appear as 
                subsection (e) of section 4 of the Coastal Barrier 
                Resources Act (16 U.S.C. 3503); and
                  (B) is amended--
                          (i) in paragraph (1) by striking ``one 
                        hundred and eighty'' and inserting ``180'';
                          (ii) in paragraph (2) by striking 
                        ``subsection (d)(1)'' and inserting ``paragraph 
                        (1)''; and
                          (iii) by striking paragraph (3).
          (2) Conforming amendment.--Section 4(f) of the Coastal 
        Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is 
        repealed.
  (c) Notice Regarding Additions to System.--Section 4 of the Coastal 
Barrier Resources Act (16 U.S.C. 3503) is further amended by adding at 
the end the following:
  ``(f) Notice Regarding Additions to System.--The Secretary shall--
          ``(1) publish in the Federal Register a notice of any 
        addition of property to the System under this section, 
        including notice of the availability of a map showing the 
        location of the property;
          ``(2) provide a copy of that map to the State and local 
        government in which the property is located and the Committee 
        on Resources of the House of Representatives; and
          ``(3) revise the maps referred to in subsection (a) to 
        reflect the addition of the property to the System.''.
  (d) Conforming Amendment.--Subsection (a) of section 4 of the Coastal 
Barrier Resources Act (16 U.S.C. 3503(a)) is amended by striking ``, 
which shall consist of'' and all that follows through the end of that 
subsection and inserting the following: ``, that--
          ``(1) shall consist of those undeveloped coastal barriers and 
        other areas located on the coasts of the United States that are 
        identified and generally depicted on the set of maps on file 
        with the Secretary entitled `Coastal Barrier Resources System', 
        dated October 24, 1990, as such maps may be modified, revised, 
        corrected, or replaced under subsection (c), (d), or (e) of 
        this section, or any other provision of law enacted on or after 
        November 2, 1990, that specifically authorizes the 
        modification, revision, correction, or replacement; and
          ``(2) includes areas added to the System in accordance with 
        subsections (d) or (e).''.

SEC. 3. CLERICAL AMENDMENTS.

  (a) Coastal Barrier Resources Act.--The Coastal Barrier Resources Act 
(16 U.S.C. 3501 et seq.) is amended--
          (1) in section 3(3) (16 U.S.C. 3502(3)), in the matter 
        following subparagraph (D), by striking ``Effective October 1, 
        1983, such'' and inserting ``Such''; and
          (2) by repealing sections 10 and 11 (16 U.S.C. 3509, 97 Stat. 
        1658).
  (b) Coastal Barrier Improvement Act of 1990.--Section 8 of the 
Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is 
repealed.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  Section 12 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is 
redesignated as section 10 and amended to read as follows:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to the Secretary to carry 
out this Act $1,000,000 for each of fiscal years 2000, 2001, 2002, 
2003, and 2004.''.

SEC. 5. DIGITAL MAPPING PILOT PROJECT.

  (a) Requirement to Undertake Project.--
          (1) In general.--The Secretary of the Interior, in 
        consultation with the Director of the Federal Emergency 
        Management Agency, shall undertake a pilot project to determine 
        the feasibility and cost of creating digital versions of the 
        Coastal Barrier Resources System maps referred to in section 
        4(a)(1) of the Coastal Barrier Resources Act, as amended by 
        this Act. The pilot project shall include the creation of 
        digital maps for at least 5 units of the System.
          (2) Use of existing data.--(A) To the extent practicable, in 
        completing the pilot project under this subsection, the 
        Secretary shall use existing digital spatial data including 
        digital orthophotos; shoreline, elevation, and bathymetric data; 
        and electronic navigational charts in the possession of other 
        Federal agencies, including the United States Geological Survey 
        and the National Oceanic and Atmospheric Administration.
          (B) The head of any Federal agency that possesses digital 
        spatial data referred to in subparagraph (A) shall promptly 
        provide that data to the Secretary at no cost upon request by 
        the Secretary.
          (3) Obtaining additional data.--If the Secretary determines 
        that data necessary to complete the pilot project under this 
        subsection does not exist, the Secretary shall enter into an 
        agreement with the Director of the United States Geological 
        Survey under which the Director shall obtain, in cooperation 
        with other Federal agencies, as appropriate, and provide to the 
        Secretary any digital spatial data required to carry out this 
        subsection.
          (4) Data standards.--All digital spatial data used or created 
        to carry out this subsection shall comply with the National 
        Spatial Data Infrastructure established by Executive Order 
        12906 and any other standards established by the Federal 
        Geographic Data Committee established by the Office of 
        Management and Budget Circular A-16.
          (5) Digital maps not controlling.--Any determination of 
        whether a location is inside or outside of the System shall be 
        made without regard to the digital maps prepared under this 
        subsection.
          (6) Report.--(A) Not later than 2 years after the date of the 
        enactment of this Act, the Secretary shall submit a report to 
        the Committee on Resources of the House of Representatives that 
        describes the results of the pilot project and the feasibility, 
        data needs, and costs of completing digital maps for the entire 
        System.
          (B) The report shall include a description of--
                  (i) the cooperative agreements entered into by the 
                Secretary with other Federal agencies to complete the 
                pilot project and cooperative agreements needed to 
                complete digital mapping of the entire System;
                  (ii) the availability of existing data to complete 
                digital mapping of the entire System;
                  (iii) the need for additional data to complete 
                digital mapping of the entire System; and
                  (iv) the funding needed to complete digital mapping 
                of the entire System.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Interior $500,000 for each of 
fiscal years 2000, 2001, and 2002 to carry out the pilot project 
required under this section.

SEC. 6. CORRECTIONS TO MAPS RELATING TO UNIT P19-P.

  (a) In General.--The Secretary of the Interior shall, before the end 
of the 30-day period beginning on the date of the enactment of this 
Act, make such corrections to the map described in subsection (b) as 
are necessary to ensure that depictions of areas on that map are 
consistent with the depictions of areas appearing on the map relating 
to unit P19-P entitled ``Amendment to the Coastal Barrier Resources 
System'' and dated September 16, 1998.
  (b) Map Described.--The map described in this subsection is the map 
that--
          (1) is included in a set of maps entitled ``Coastal Barrier 
        Resources System'', dated November 2, 1994; and
          (2) relates to unit P19-P of the Coastal Barrier Resources 
        System.

SEC. 7. REPLACEMENT OF MAPS RELATING TO UNITS NC-03P AND L03.

  (a) In General.--The 7 maps included in the set of maps entitled 
``Coastal Barrier Resources System'' and referred to in section 4(a)(1) 
of the Coastal Barrier Resources Act, as amended by this Act, relating 
to the portions of Coastal Barrier Resources System units NC-03P and 
L03 located in Dare County, North Carolina, are hereby replaced by 
other maps relating to that unit that are entitled ``DARE COUNTY, NORTH 
CAROLINA, Coastal Barrier Resources System, Cape Hatteras Unit NC-03P'' 
and ``DARE COUNTY, NORTH CAROLINA, Coastal Barrier Resources System, 
Cape Hatteras Unit NC-03P and Hatteras Island Unit L03'' and dated May 
26, 1999.
  (b) Availability.--The Secretary of the Interior shall keep the maps 
referred to in subsection (a) on file and available for inspection in 
accordance with the provisions of section 4(b) of the Coastal Barrier 
Resources Act (16 U.S.C. 3503(b)).

SEC. 8. CORRECTIONS TO MAP RELATING TO UNIT DE-03P.

  (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary of the Interior shall make such corrections 
to the map described in subsection (b) as are necessary to move on that 
map the boundary of the otherwise protected area (as defined in section 
12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; 
Public Law 101-591)) to the Cape Henlopen State Park boundary to the 
extent necessary--
          (1) to exclude from the otherwise protected area the adjacent 
        property leased, as of the date of enactment of this Act, by 
        the Barcroft Company and Cape Shores Associates (which are 
        privately held corporations under the law of the State of 
        Delaware); and
          (2) to include in the otherwise protected area the 
        northwestern corner of Cape Henlopen State Park seaward of the 
        Lewes and Rehoboth Canal.
  (b) Map Described.--The map described in this subsection is the map 
that is included in a set of maps entitled ``Coastal Barrier Resources 
System'', dated October 24, 1990, as revised October 15, 1992, and that 
relates to the unit of the Coastal Barrier Resources System entitled 
``Cape Henlopen Unit DE-03P''.

                          Purpose of the Bill

    The purpose of H.R. 1431 is to reauthorize and amend the 
Coastal Barrier Resources Act.

                  Background and Need for Legislation

    In 1981, the Omnibus Budget Reconciliation Act amended the 
National Flood Insurance Act of 1968 (Title XIII of Public Law 
90-448) to prohibit the issuance of new federal flood insurance 
after October 1, 1983, ``for any new construction or for 
substantial improvements of structures located on undeveloped 
coastal barriers.'' This legislation directed the Secretary of 
the Interior to designate coastal barriers under the definition 
contained in the Omnibus Budget Act and to make recommendations 
to Congress for the inclusion of additional areas. Acting on 
the Secretary's recommendations, Congress passed the Coastal 
Barrier Resources Act (CBRA, Public Law 97-348, codified at 16 
U.S.C. 3501 et seq.) in the fall of 1982.
    CBRA established the Coastal Barrier Resource System, 
consisting initially of 186 units totaling 666 miles of 
shoreline and 452,834 acres of undeveloped, unprotected coastal 
barriers on the Atlantic Ocean and Gulf of Mexico coasts. 
System units are marked on maps prepared and maintained by the 
Department of the Interior. These maps are incorporated by 
reference into law by Congress. Except for very minor technical 
changes, the boundaries of System units cannot be adjusted, and 
units cannot be added or deleted from the System, unless 
Congress enacts revisions to the appropriate map.
    The purpose of CBRA was to eliminate federal development 
incentives on undeveloped coastal barriers, thereby preventing 
the loss of human life and property from storms, minimizing 
federal expenditures, and protecting habitat for fish and 
wildlife. Coastal barriers are landscape features that protect 
the mainland, lagoons, wetlands and salt marshes from the full 
force of wind, wave and tidal energy. The major types of 
coastal barriers include fringing mangroves, tombolos, barrier 
islands, barrier spits, and bay barriers. Composed of sand and 
other loose sediments, these elongated, narrow landforms are 
dynamic ecosystems and are vulnerable to hurricane damage and 
shoreline recession. Coastal barriers also provide important 
habitat for a variety of wildlife, and are an important 
recreational resource.
    The Coastal Barrier Resources System is unique because it 
protects coastal barriers without restricting the use of 
private property. Inclusion of property in the System does not 
prevent private development of that property, nor does it 
prevent actions to process and issue federal permits necessary 
for development. CBRA places no restrictions on development 
outside the System, and development within System units can 
occur without federal support. However, CBRA does restrict the 
availability of any new federal assistance to develop the 
property. Of particular importance, no new federal flood 
insurance can be issued for properties located on System units. 
Existing flood insurance policies for property currently within 
the System remain in force. However, if the property is 
damaged, it cannot be rebuilt with federal flood assistance if 
the cost of rebuilding is more than 50 percent of the value of 
the property. Insured properties outside the System can be 
rebuilt even if the entire property is destroyed. If an insured 
structure in the System is substantially expanded or replaced 
with more development, coverage is lost.
    In addition to the flood insurance limitation, CBRA 
prohibits most new federal expenditures and financial 
assistance within the System if those expenditures would 
encourage development. Examples of prohibited federal 
expenditures include disaster relief, community block grants, 
flood control, construction of new federal highways, 
construction of new infrastructure, and beach renourishment 
projects. For purposes of CBRA, federal financial assistance 
does not include deposit insurance, purchase of mortgages by 
government chartered corporations and programs unrelated to 
development, such as entitlement payments to individuals. Other 
exceptions are provided for federal navigation projects, energy 
resource projects, repair of existing infrastructure and roads, 
military and Coast Guard activities, and scientific research 
when these activities are consistent with CBRA purposes.
    Following enactment of CBRA, Congress passed the Great 
Lakes Coastal Barrier Act (Public Law 100-707), which required 
the Secretary of the Interior to identify additional System 
units along the Great Lakes. The Secretary identified and 
recommended for inclusion in the System 112 Great Lakes units 
totaling 30,150 acres. In 1990, Congress enacted the Coastal 
Barrier Improvement Act (Public Law 101-591) which greatly 
expanded the System to include Great Lakes units and 
``otherwise protected areas.'' Otherwise protected areas are 
public or private lands that are held for conservation 
purposes. Examples of otherwise protected areas include 
national wildlife refuges, national parks and seashores, state 
parks, and lands owned by private organizations for 
conservation purposes. In most cases, the boundaries of the 
otherwise protected areas included in the System were drawn to 
be coterminous with the underlying conservation area, but some 
errors and inconsistencies have been discovered. This has 
resulted in a need for Congressional action to correct the 
otherwise protected area maps to remove property that was 
included in error.
    After of the Coastal Barrier Improvement Act in 1990, the 
System contained approximately 1.3 million acres of undeveloped 
coastal barrier fastland (upland) and associated aquatic 
habitat, 1,200 miles of coastline, and 585 units. The Coastal 
Barrier Improvement Act also required the Secretary to prepare 
a report on Pacific Coast coastal barriers. This report has 
never been submitted to the Congress, and no Pacific coast 
barrier units have been included in the System.
    The authorization of appropriations for CBRA expired on 
September 30, 1998.

                            Committee Action

    H.R. 1431 was introduced on April 15, 1999, by Congressman 
Jim Saxton (R-NJ). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On May 6, 1999, 
the Subcommittee held a hearing on H.R. 1431. Testimony was 
heard from the Honorable Thomas Evans; Mr. Gary Frazier, Acting 
Assistant Director of the Fish and Wildlife Service; Ms. Jo Ann 
Howard, Administrator of the Federal Insurance Administration; 
and Mr. Steven Ellis of the Coast Alliance. The Administration 
testified in support of the three map changes, and indicated 
general support of H.R. 1431 pending resolution ofseveral 
issues. On May 27, 1999, the Subcommittee met to mark up the bill. Mr. 
Saxton offered an amendment in the nature of a substitute that 
addressed many of the Administration's outstanding concerns and 
incorporated the text of three related bills, H.R. 34, H.R. 535, and 
H.R. 1489, into H.R. 1431. The amendment was adopted by voice vote. The 
bill, as amended, was then ordered favorably reported to the Full 
Committee. On June 9, 1999, the Full Resources Committee met to 
consider the bill. Mr. Saxton offered an en bloc amendment that 
eliminated two studies relating to otherwise protected areas and System 
effectiveness, and reduced funding for the remaining study to $500,000. 
The amendment was adopted by voice vote. The bill, as amended, was then 
ordered favorably reported to the House of Representatives by voice 
vote.

                      Section-by-Section Analysis


Section 1. Short title

    The short title of this bill is the ``Coastal Barrier 
Resources Reauthorization Act of 1999.''

Section 2. Additions to the Coastal Barrier Resources System

    By amending CBRA Section 4, this section allows the 
Secretary of the Interior to add any coastal barrier land to 
the System at the request of a landowner, provided that the 
parcel is located on a ``depositional geologic feature'' as 
defined in Section 2(1)(A) of CBRA. The Secretary is required 
to provide notice of the addition of such property in the 
Federal Register and publish a map showing the location of 
property voluntarily included in the System. The Secretary must 
provide copies of the map to the House Committee on Resources 
and to applicable State and local governments.
    This section also incorporates Section 4(d) of the 1990 
Coastal Barrier Improvement Act as part of CBRA. This move 
consolidates into a single section the three ways the Secretary 
may change unit boundaries and add property to the System, and 
unifies the notification and reporting requirements for making 
those types of changes.

Section 3. Clerical amendments

    This section strikes existing provisions related to 
previously requested studies and reports. Section 10 of CBRA 
(16 U.S.C. 3509) requires the Secretary to prepare a report by 
1985 that makes recommendations on additions to the System. The 
report was submitted and the recommendations were largely 
adopted in the 1988 Great Lakes Coastal Barrier Act and the 
1990 Coastal Barrier Improvement Act. Section 8 of the Coastal 
Barrier Improvement Act (16 U.S.C. 3503 (note)) established the 
Coastal Barrier Task Force, to report to Congress by 1992 on 
the impact of federal actions and tax laws on the development 
of coastal barriers, the number of structures denied federal 
flood insurance as a result of the System, and the number of 
structures included in the System as a result of the Coastal 
Barrier Improvement Act. Congress did not appropriate any funds 
for the Task Force and the Task Force was never formed.

Section 4. Authorization of appropriations

    This section amends Section 12 of CBRA to authorize $1 
million to administer the Coastal Barrier Resources System in 
each of fiscal years 2000 through 2004.

Section 5. Digital mapping pilot project

    Within two years, the Secretary is required to complete a 
pilot project that will create electronic maps of five System 
units that are compatible with geographic information systems. 
The Secretary must use existing digital geographic data 
wherever possible and must work with the Director of the 
Federal Emergency Management Agency, the Secretary of Commerce 
(acting through the National Oceanic and Atmospheric 
Administration) and the Director of the United States 
Geological Survey to carry out the pilot project. At the end of 
the pilot project, the Secretary must report on the progress 
made in digitizing the maps, cooperative agreements with other 
federal agencies, the need for additional data, and cost 
estimates for completing digital maps of the entire system. 
This section authorizes $500,000 for each of fiscal years 2000, 
2001 and 2002 to complete the pilot project.

Section 6. Corrections to maps relating to unit P19-P

    This section incorporates the text of H.R. 34, introduced 
by Congressman Porter Goss (R-FL), on January 6, 1999. It 
amends the boundary of Unit P19-P which is located on North 
Captiva Island, Florida. Unit P19-P was created in 1990 as a 
result of recommendations from the Secretary of the Interior, 
and the boundaries for unit P-19P were intended to be 
coterminous with Cayo Costa State Park. The boundary line 
adopted by Congress did not correctly show the boundary of the 
State Park. This otherwise protected area includes privately 
owned property that was already being developed at the time the 
maps were adopted and thus was not eligible for designation. 
This section directs the Secretary to conform the boundary of 
the unit P-19P on the map entitled ``Amendment to the Coastal 
Barrier Resources System'' and dated September 16, 1998, to the 
Cayo Costa State Park boundary.

Section 7. Replacement of maps relating to units NC-03P and L03

    Section 7 incorporates the changes proposed in H.R. 1489, 
introduced by Congressman Walter B. Jones, Jr. (R-NC) on April 
20, 1999, to correct a mapping error in unit NC-03P, an 
otherwise protected area representing the Cape Hatteras 
National Seashore. No changes are proposed to the boundary of 
unit L03, but because this unit appears on the same maps as 
portions of NC-03P, it is referenced with these maps. Private 
developed property on Hatteras Island in North Carolina was 
incorrectly labeled as part of the otherwise protected area. 
H.R. 1431 adopts a set of 33 maps at a scale of 1 inch equals 
500 feet (1:6000) dated May 26, 1999, to replace the existing 
maps of this large otherwise protected area.
    The Secretary of the Interior intends to maintain the 
geographic information system used to generate these maps as 
part of the administrative record. Existing structures, homes 
and other development that appear outside of the boundary on 
the May 26, 1999, maps should be consideredoutside of the 
otherwise protected area for the purposes of development assistance. 
Any new development that occurs on the island after the date of 
enactment of H.R. 1431 must be wholly outside of the boundary of unit 
NC-03P to remain eligible for federal development assistance, including 
federal flood insurance.

Section 8. Corrections to map relating to unit DE-03P

    Section 8 incorporates changes to the System proposed in 
H.R. 535, which was introduced by Congressman Mike Castle (R-
DE) on February 3, 1999. This section directs the Secretary to 
make a boundary change to unit DE-03P, an otherwise protected 
area that has been part of the System since the passage of the 
1990 Coastal Barrier Improvement Act. The unit is located in 
Delaware on Cape Henlopen and was intended to be contiguous 
with the Cape Henlopen State Park boundary. At the time the map 
was prepared, the Secretary of the Interior was not aware that 
the unit included private property that was not held for 
conservation purposes. This section also directs the Secretary 
to include a 245-acre parcel in the northwestern section of the 
Park into DE-03P. This parcel was mistakenly excluded when the 
boundary was drawn in 1990. This change results in a net gain 
of 213 acres to the System.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill could result in small, additional 
offsetting receipts to the federal government from premiums 
paid into the National Flood Insurance fund. These collections 
would be partially offset by new mandatory spending for 
underwriting and administrative expenses.
    3. Government Reform Oversight Findings.--Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 22, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1431, the Coastal 
Barrier Resources Reauthorization Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1431--Coastal Barrier Resources Reauthorization Act of 1999

    Summary: Assuming appropriation of the authorized amounts, 
CBO estimates that the implementing H.R. 1431 would cost $6.5 
million over the 2000-2004 period. The bill also could affect 
direct spending; therefore, pay-as-you-go procedures would 
apply. We estimate, however, that any such effects would be 
less than $500,000 a year.
    H.R. 1431 would reauthorize the Coastal Barrier Resources 
Act and would authorize the appropriation of $1 million 
annually for programs carried out under the legislation for 
fiscal years 2000 through 2004. Section 5 of the bill would 
direct the U.S. Fish and Wildlife Service (USFWS) to undertake 
a pilot project to determine the feasibility and cost of 
creating digital versions of maps of the Coastal Barrier 
Resources System. The agency would have two years to report its 
findings to the Congress. For this purpose, section 5 would 
authorize the appropriation of $500,000 annually for fiscal 
years 2000, 2001, and 2002. H.R. 1431 also would direct the 
USFWS to correct or modify existing maps for three units of the 
Coastal Barrier Resources System in Delaware, Florida, and 
North Carolina.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: CBO estimates 
that implementing H.R. 1431 would cost $1.5 million a year for 
2000, 2001, and 2002; and $1 million a year for 2003 and 2004. 
(The program received an appropriation of $488,000 for 1999.) 
The costs of this legislation fall within budget function 300 
(natural resources and environment).
    Basis of estimate: For purposes of this estimate, CBO 
assumes that the full amounts authorized for managing the 
Coastal Barrier Resources System and conducting the pilot 
program on digital mapping will be appropriated for each fiscal 
year.
    H.R. 1431 could affect direct spending by altering the 
existing boundaries of three system units to exclude developed 
lands, thereby enabling the property owners to obtain federal 
flood insurance. Once insurance policies have been written on 
the affected properties, offsetting collections from premiums 
paid into the national flood insurance fund would increase by 
less than $500,000 a year. Collections would be partially 
offset by new mandatory spending for underwriting and 
administrative expenses. The federal government might also 
incur additional costs for losses associated with any future 
floods that might affect the excluded lands, but CBO has no 
basis for predicting such floods or their resulting costs.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. H.R. 
1431 could affect direct spending but CBO estimates that net 
changes in direct spending would be less than $500,000 a year.
    Intergovernmental and private-sector impact: H.R. 1431 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Deborah Reis.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

COASTAL BARRIER RESOURCES ACT

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SEC. 3. DEFINITIONS.

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  For purposes of this Act--
  (1)  * * *

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[Effective October 1, 1983, such] Such term includes flood 
insurance described in section 1321 of the National Flood 
Insurance Act of 1968, as amended (42 U.S.C. 4028).

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SEC. 4. ESTABLISHMENT OF COASTAL BARRIER RESOURCES SYSTEM.

  (a) Establishment.--There is established the Coastal Barrier 
Resources System, [which shall consist of those undeveloped 
coastal barriers and other areas located on the coasts of the 
United States that are identified and generally depicted on the 
maps on file with the Secretary entitled ``Coastal Barrier 
Resources System'', dated October 24, 1990, as such maps may be 
revised by the Secretary under section 4 of the Coastal Barrier 
Improvement Act of 1990.]  that--
          (1) shall consist of those undeveloped coastal 
        barriers and other areas located on the coasts of the 
        United States that are identified and generally 
        depicted on the set of maps on file with the Secretary 
        entitled ``Coastal Barrier Resources System'', dated 
        October 24, 1990, as such maps may be modified, 
        revised, corrected, or replaced under subsection (c), 
        (d), or (e) of this section, or any other provision of 
        law enacted on or after November 2, 1990, that 
        specifically authorizes the modification, revision, 
        correction, or replacement; and
          (2) includes areas added to the System in accordance 
        with subsections (d) or (e).

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  (d) Voluntary Additions to System.--The Secretary may add any 
parcel of real property to the System, if--
          (1) the owner of the parcel requests that the 
        Secretary add the parcel to the System; and
          (2) the parcel is a depositional geologic feature 
        described in section 3(1)(A).
  (e) Addition of Excess Federal Property.--
          (1) Consultation and determination.--Prior to 
        transfer or disposal of excess property under the 
        Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. 471 et seq.) that may be an undeveloped 
        coastal barrier, the Administrator of General Services 
        shall consult with and obtain from the Secretary a 
        determination as to whether and what portion of the 
        property constitutes an undeveloped coastal barrier. 
        Not later than 180 days after the initiation of such 
        consultation, the Secretary shall make and publish 
        notice of such determination. Immediately upon issuance 
        of a positive determination, the Secretary shall--
                  (A) prepare a map depicting the undeveloped 
                coastal barrier portion of such property; and
                  (B) shall publish in the Federal Register 
                notice of the addition of such property to the 
                System.
          (2) Effective date of inclusion.--An area to be added 
        to the System under this subsection shall be part of 
        the System effective on the date on which the Secretary 
        publishes notice in the Federal Register under 
        paragraph (1)(B) with respect to that area.
  (f) Notice Regarding Additions to System.--The Secretary 
shall--
          (1) publish in the Federal Register a notice of any 
        addition of property to the System under this section, 
        including notice of the availability of a map showing 
        the location of the property;
          (2) provide a copy of that map to the State and local 
        government in which the property is located and the 
        Committee on Resources of the House of Representatives; 
        and
          (3) revise the maps referred to in subsection (a) to 
        reflect the addition of the property to the System.

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[SEC. 10. REPORTS TO CONGRESS.

  [(a) In General.--Before the close of the 3-year period 
beginning on the date of the enactment of this Act, the 
Secretary shall prepare and submit to the Committees a report 
regarding the System.
  [(b) Consultation in Preparing Report.--The Secretary shall 
prepare the report required under subsection (a) in 
consultation with the Governors of the States in which System 
units are located and with the coastal zone management agencies 
of the States in which System units are located and after 
providing opportunity for, and considering, public comment.
  [(c) Report Content.--The report required under subsection 
(a) shall contain--
          [(1) recommendations for the conservation of the 
        fish, wildlife, and other natural resources of the 
        System based on an evaluation and comparison of all 
        management alternatives, and combinations thereof, such 
        as State and local actions (including management plans 
        approved under the Coastal Zone Management Act of 1972 
        (16 U.S.C. 1451 et seq.)), Federal actions (including 
        acquisition for administration as part of the National 
        Wildlife Refuge System), and initiatives by private 
        organizations and individuals;
          [(2) recommendations for additions to, or deletions 
        from, the Coastal Barrier Resources System, and for 
        modifications to the boundaries of System units;
          [(3) a summary of the comments received from the 
        Governors of the States, State coastal zone management 
        agencies, other government officials, and the public 
        regarding the System; and
          [(4) an analysis of the effect, if any, that general 
        revenue sharing grants made under section 102 of the 
        State and Local Fiscal Assistance Amendments of 1972 
        (31 U.S.C. 1221) have had on undeveloped coastal 
        barriers.

[SEC. 11. AMENDMENTS REGARDING FLOOD INSURANCE.

  [(a) Section 1321 of the National Flood Insurance Act of 1968 
(42 U.S.C. 4028) is amended to read as follows:]

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  [(b) Section 341(d)(2) of the Omnibus Budget and 
Reconciliation Act of 1981 (Public Law 97-35) is repealed.

[SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to the Secretary for 
carrying out this Act $2,000,000 for each of fiscal years 1995 
to 1998.]
  

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary to 
carry out this Act $1,000,000 for each of fiscal years 2000, 
2001, 2002, 2003, and 2004.

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                 COASTAL BARRIER IMPROVEMENT ACT OF 1990

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SEC. 4. ESTABLISHMENT OF COASTAL BARRIER RESOURCES SYSTEM.

  (a)  * * *

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  [(d) Addition of Excess Federal Property.--
          [(1) Consultation and determination.--Prior to 
        transfer or disposal of excess property under the 
        Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. 471 et seq.) that may be an undeveloped 
        coastal barrier, the Administrator of General Services 
        shall consult with and obtain from the Secretary a 
        determination as to whether and what portion of the 
        property constitutes an undeveloped coastal barrier. 
        Not later than one hundred and eighty days after the 
        initiation of such consultation, the Secretary shall 
        make and publish notice of such determination. 
        Immediately upon issuance of a positive determination, 
        the Secretary shall--
                  [(A) prepare a map depicting the undeveloped 
                coastal barrier portion of such property; and
                  [(B) shall publish in the Federal Register 
                notice of the addition of such property to the 
                System.
          [(2) Effective date of inclusion.--An area to be 
        added to the System under this subsection shall be part 
        of the System effective on the date on which the 
        Secretary publishes notice in the Federal Register 
        under subsection (d)(1)(B) with respect to that area.
          [(3) Revision of maps.--As soon as practicable after 
        the date on which a unit is added to the System under 
        subsection (d)(2), the Secretary shall revise the maps 
        referred to in section 4(a) of the Act (as amended by 
        section 3 of this Act) to reflect each such addition.]

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  [(f) Notification Regarding Modifications and Elections.--Not 
less than 30 days before the effective date of any modification 
of the boundaries of a unit of the System under subsection 
(d)(1)(A), or of an election of a local government, Governor of 
a State, or qualified organization to add an area of qualified 
coastal barrier to the System pursuant to subsection (c) or of 
an addition to the System pursuant to subsection (d), the 
Secretary shall submit written notice of such modification or 
election to--
          [(1) the Committee on Merchant Marine and Fisheries 
        of the House of Representatives and the Committee on 
        Environment and Public Works of the Senate; and
          [(2) appropriate State and Federal officials.]

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[SEC. 8. REPORT REGARDING COASTAL BARRIER MANAGEMENT.

  [(a) Coastal Barriers Task Force.--
          [(1) Establishment.--There is established an 
        interagency task force to be known as the Coastal 
        Barriers Task Force (hereinafter in this section 
        referred to as the ``Task Force'').
          [(2) Membership.--The Task Force shall be composed of 
        11 individuals as follows:
                  [(A) A designee of the Secretary of 
                Agriculture.
                  [(B) A designee of the Secretary of Commerce.
                  [(C) A designee of the Secretary of Defense.
                  [(D) A designee of the Secretary of Energy.
                  [(E) A designee of the Secretary of Housing 
                and Urban Development.
                  [(F) A designee of the Secretary of the 
                Interior.
                  [(G) A designee of the Secretary of 
                Transportation.
                  [(H) A designee of the Secretary of the 
                Treasury, who shall represent the Internal 
                Revenue Service.
                  [(I) A designee of the Administrator of the 
                Environmental Protection Agency.
                  [(J) A designee of the Director of the 
                Federal Emergency Management Agency.
                  [(K) A designee of the Administrator of the 
                Small Business Administration.
          [(3) Chairperson.--The chairperson of the Task Force 
        shall be the designee of the Secretary of the Interior.
  [(b) Report.--
          [(1) In general.--Not later than the expiration of 
        the 2-year period beginning on the date of the 
        enactment of this Act, the Task Force shall submit to 
        the Congress a report regarding the Coastal Barrier 
        Resources System.
          [(2) Contents.--The report required under paragraph 
        (1) shall include the following:
                  [(A) An analysis of the effects of any 
                regulatory activities of the Federal Government 
                on development within units of the System, for 
                the period from 1975 to 1990.
                  [(B) An analysis of the direct and secondary 
                impacts of tax policies of the Federal 
                Government on development (including 
                development of second home and investment 
                properties) within units of the System, for the 
                period from 1975 to 1990.
                  [(C) An estimate and comparison of the costs 
                to the Federal Government with respect to 
                developed coastal barriers on which are located 
                units of the System, for the period from 1975 
                to 1990, which shall include costs of shore 
                protection activities, beach renourishment 
                activities, evacuation services, disaster 
                assistance, and flood insurance subsidies under 
                the national flood insurance program.
                  [(D) A determination of the number of 
                structures for which flood insurance under the 
                national flood insurance program has been 
                unavailable since the enactment of the National 
                Flood Insurance Act of 1968 because of the 
                prohibition, under section 1321 of such Act, of 
                the provision of insurance for structures 
                located on coastal barriers within the System.
                  [(E) An estimate of the number of existing 
                structures located on coastal barriers that are 
                included within the System because of the 
                expansion of the System under this Act and the 
                amendments made by this Act.
                  [(F) A summary of the opinions and comments 
                expressed pursuant to paragraph (3).
                  [(G) Recommendations for Federal policies and 
                legislative action with respect to developed 
                and undeveloped coastal barriers to promote the 
                protection of coastal barriers and minimize 
                activities of the Federal Government that 
                contribute to the destruction and degradation 
                of coastal barriers.
          [(3) Hearings.--In carrying out its responsibilities 
        under this subsection, the Task Force shall hold 
        hearings to provide opportunity for State and local 
        governments and members of the public to express their 
        opinions and comment on Federal policy regarding 
        coastal barriers.
  [(c) Termination.--The Task Force shall terminate 90 days 
after submission of the report required under subsection 
(b)(1).]

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                            ADDITIONAL VIEWS

    We support the principal goal of this legislation which is 
to reauthorize the Coastal Barrier Resources Act (CBRA). When 
Congress passed the Act in 1982, it declared that the purpose 
of the Act was to ``minimize loss of life, wasteful expenditure 
of Federal revenues, and the damage to fish, wildlife, and 
other natural resources associated with [the] coastal barriers 
* * * by restricting future Federal expenditures and financial 
assistance which have the effect of encouraging development of 
coastal barriers.'' This innovative policy was sound in 1982 
and requires little, if any, modification by Congress at this 
time. This opinion was the clear consensus among the panel of 
witnesses who testified on May 6, 1999 before the Subcommittee 
on Fisheries Conservation, Wildlife and Oceans concerning this 
legislation.
    Of the modest changes proposed in this bill, we especially 
support section 5 which would direct the Secretary of the 
Interior to conduct a pilot study in consultation with other 
relevant Federal agencies to determine the feasibility and 
costs of creating a digitized series of Coastal Barrier 
Resource System (CBRS or System) maps. It is necessary to 
initiate such a study at this time. Current CBRS maps were 
prepared in the mid-1980s by using primarily color infrared 
aerial photography, U.S. Fish and Wildlife Service (hereafter, 
the Service) National Wetland Inventory maps, and U.S. 
Geological Survey 7.5, quadrangle sheets, normally drawn at 
1:24,000 or 1:25,000 scales. hand rendered delineations of 
coastal barriers were drawn upon these sheets in order to 
produce the current inventory of CBRS maps.
    However, since the time when these maps were first 
developed, several significant technological advancements have 
occurred in the development of digital spatial data, global 
positioning systems, computerized geographic information 
systems and new cartographic and survey methods. Moreover, 
complaints concerning CBRS maps are commonplace principally 
because the maps are difficult to interpret due to scale, and 
poorly correspond to other types of map products, notably Flood 
Insurance Rate Maps. In this regard, it would appear not only 
appropriate, but essential, for the Secretary to investigate 
how the application of these new information systems and 
technologies might enhance the accuracy, usability, and 
transferability of the rather crude existing CBRS maps.
    We also support section 2 of the bill which would authorize 
the voluntary donation of private property for inclusion in the 
System. While we believe that the inclusion of additional 
private undeveloped coastal barriers would be beneficial, we 
doubt that significant tracts of additional private land will 
be forthcoming for voluntary donation in the absence of any new 
economic or tax incentives to induce such behavior. 
Nonetheless, should opportunities for donations become 
available, the Secretary of the Interior should as a priority 
accept donations that abut existing System units or OPAs, and 
should encourage wherever possible the aggregation of donated 
parcels to minimize CBRS map boundary revisions. This committee 
should re-evaluate this provision to determine its 
effectiveness at some future point.
    In another important matter regarding expansion of the 
System, we must express our deep frustration with the inability 
of the Service to complete and submit to the Congress a study 
of undeveloped coastal barriers along the Pacific coast. The 
Secretary of the Interior was directed under section 6 of the 
Coastal Barrier Improvement Act (CBIA, PL 101-591) to prepare 
and submit within 6 months after date of enactment a study 
``which examines the need for protecting undeveloped coastal 
barriers along the Pacific coast south of 49 degrees north 
latitude through inclusion in the System.'' The Secretary also 
was directed to ``prepare maps identifying the boundaries of 
those undeveloped coastal barriers (as defined under section 
3(l) of the CBRA) of the United States bordering the Pacific 
Ocean south of 49 degrees north latitude.'' These maps were to 
be provided to the Congress not later than 12 months after date 
of enactment.
    Although a draft study was made available for public review 
in 1993, the Secretary has failed to provide Congress with 
either a final report or the maps. This 8 year delay is 
completely unacceptable. We are greatly concerned that the pace 
and growth of new development along the Pacific coast may have 
significantly reduced the number of coastal areas that meet the 
section 3(l) definition of ``undeveloped coastal barrier.'' We 
urge the Secretary to complete this directive at the earliest 
possible date.
    While we support the reauthorization of CBRA, we remain 
concerned that the majority has decided to include language 
from three other separate bills (H.R. 34, H.R. 1489, and H.R. 
535) as sections 6, 7 and 8, respectively, that would change 
existing boundaries for three different OPAs in Florida, North 
Carolina and Delaware. Legislation of this type deserves close 
inspection prior to Congressional approval. It is our view that 
additional information is necessary from the Fish and Wildlife 
Service concerning the Cape Hatteras National Seashore area and 
our preference that these matters be addressed in separate 
legislation.

                                   George E. Miller.
                                   Grace F. Napolitano.
                                   Carlos Romero-Barcelo
                                   Eni Faleomavaega.
                                   Rush Holt.

                                  
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