[Senate Report 106-171]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 301
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-171

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 COASTAL BARRIER RESOURCES SYSTEM MAP CORRECTION--CAPE HATTERAS UNIT, 
                                 NC-03P

                                _______
                                

                October 6, 1999.--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. 1398]



    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1398) ``to clarify certain boundaries on 
maps relating to the Coastal Barrier Resources System'', having 
considered the same, 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 restricts 
Federal expenditures and financial assistance, including 
Federal flood insurance, for development on coastal barriers 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 NC-03P. Unit NC-
03P, which includes the Cape Hatteras National Seashore, was 
designated as an ``otherwise protected area'' and included in 
the CBRS in 1990. When the cartographers mapped this area they 
followed an outdated map resulting in the inclusion of areas 
outside of the Cape Hatteras National Seashore. S. 1398 adopts 
a set of maps dated May 26, 1999, that would adjust the 
boundaries so that they coincide with those of the Cape 
Hatteras National Seashore.
    Senator Chafee offered a substitute amendment to S. 1398 
that adopts a subsequent set of maps dated July 1, 1999. The 
July 1, 1999 maps include the changes made in the previous set 
of maps, correct boundary inconsistencies and add to Unit NC-
03P portions of the Cape Hatteras National Seashore that were 
not previously included. Changing the boundary of NC-03P to 
coincide with the boundary of the Cape Hatteras National 
Seashore will remove approximately 141 acres and add 
approximately 3,060 to the CBRS.
    The U.S. Fish and Wildlife Service has concluded that both 
modifications constitute 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. 1398 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 10, 1999, Senator Helms introduced S. 1398, a bill 
to direct the Secretary of the Interior to change a map 
relating to one unit, NC-03P. No hearings were held on this 
bill. On Wednesday, September 29, 1999, the Committee on 
Environment and Public Works held a business meeting to 
consider S. 1398. Senator Chafee offered a substitute amendment 
that was adopted by voice vote. S. 1398, as amended, was 
favorably reported out of the Committee by voice vote.

                          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, October 5, 1999.

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. 1398, a bill to 
clarify certain boundaries on maps relating to the Coastal 
Barrier Resource System.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis, who can be reached at 226-2860.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

S. 1398, A bill to clarify certain boundaries on maps relating to the 
        Coastal Barrier Resources System, as ordered reported by the 
        Senate Committee on Environement and Public Works on September 
        29, 1999
    CBO estimates that enacting S. 1398 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. 1398 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. 1398 would correct maps of the Coastal Barrer Resource 
System in North Carolina. The proposed correction would revise 
the boundaries of a unit of the system to include 3,060 acres 
of the Cape Hatteras National Seashore and exclude 141 acres of 
developed land. This change would enable local property owners 
occupying the excluded acreage 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 $200,000 per 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 is land, but CBO has no basis for predicting such floods 
or their resulting costs.
    The CBC, staff contact is Deborah Reis, who can be reached 
at 226-2860. This estimate was approved by Peter H. Fontaine, 
Depary Assistant Director for Budget Analysis.

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the 
Senate, provides that reports to the Senate should show 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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