[Senate Report 106-39]
[From the U.S. Government Publishing Office]





                                                        Calendar No. 83

106th Congress                                                   Report
  1st Session                   SENATE                           106-39

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



 
  COASTAL BARRIER RESOURCES SYSTEM MAP CORRECTION--UNIT DE-03P, CAPE 
                              HENLOPEN, DE

                                _______
                                

                 March 26, 1999.--Ordered to be printed

  Filed, under authority of the order of the Senate of March 25, 1999

                                _______


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 574]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 574) to direct the Secretary of the 
Interior to make correction to a map 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 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 two boundary changes to Unit DE-03P. Unit 
DE-03P has been part of the coastal barrier resources system 
since the passage of the Coastal Barrier Improvement Act of 
1990. The first change will modify the northeastern boundary. 
At the time that the Unit's boundary was put into effect in 
November 1991, the U.S. Fish and Wildlife Service was not aware 
that a portion of the Cape Shores development and land occupied 
by the Barcroft Company were included within the upper 
northeast edge of the unit boundary. Documents now show that 
development began to be put in place in April 1990. The second 
change modifies the northwestern boundary to include a section 
of the Cape Henlopen State Park that was mistakenly excluded 
when the boundary was drawn. 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. 574 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 March 10, 1999, Senator Biden introduced S. 574, a bill 
to direct the Secretary of the Interior to change a map 
relating to one unit, DE-03P. No hearings were held on this 
bill. On Wednesday, March 17, 1999, the committee on 
Environment and Public Works held a business meeting to 
consider S. 574. S. 574 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, March 18, 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. 574, 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,
                                            Dan L. Crippen,
                                                          Director.
                                ------                                


               Congressional Budget Office Cost Estimate

S. 574, A bill to direct the Secretary of the Interior to make 
        corrections to a map relating to the Coastal Barrier Resources 
        System, as ordered reported by the Senate Committee on 
        Environment and Public Works on March 17, 1999
    CBO estimates that enacting S. 574 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. 574 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. 574 would direct the Secretary of the Interior to 
correct the map of the Cape Henlopen Unit of the Coastal 
Barrier Resources System. The proposed correction would revise 
the boundary ofthis unit to include an additional 245 acres of 
State park lands and exclude about 32 acres of developed 
property. This change would provide additional environmental 
protection for the State park and would enable local property 
owners occupying the excluded acreage to obtain Federal flood 
insurance. Once insurance policies have been written on the 
affected property, offsetting collections from premiums paid 
into the national flood insurance fund would increase by less 
than $50,000 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 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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