[House Report 112-579]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-579

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



 
  REVISION OF BOUNDARIES OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES 
                      SYSTEM UNITS IN RHODE ISLAND

                                _______
                                

  July 9, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following,

                              R E P O R T

                        [To accompany H.R. 2027]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2027) to revise the boundaries of John H. Chafee 
Coastal Barrier Resources System Sachuest Point Unit RI-04P, 
Easton Beach Unit RI-05P, Almy Pond Unit RI-06, and Hazards 
Beach Unit RI-07 in Rhode Island, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2027 is to revise the boundaries of 
John H. Chafee Coastal Barrier Resources System Sachuest Point 
Unit RI-04P, Easton Beach Unit RI-05P, Almy Pond Unit RI-06, 
and Hazards Beach Unit RI-07 in Rhode Island.

                  BACKGROUND AND NEED FOR LEGISLATION

    Coastal barriers are natural landscape features that 
protect the mainland, lagoons, wetlands and salt marshes from 
the full force of wind, wave and tidal energy. 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 land forms are 
dynamic ecosystems and prone to frequent disruption by storms. 
They are the first line of defense against the strong winds, 
huge waves and powerful storm surges that accompany hurricanes. 
Despite their vulnerability, these areas are attractive places 
to build private homes and resorts.
    The John H. Chafee Coastal Barrier Resources System (CBRS) 
is made up of coastal barrier units delineated on maps adopted 
by Congress. Except for very minor technical changes to account 
for natural accretion and erosion, boundaries cannot be 
adjusted unless Congress passes a law adopting revised maps. 
The coastal barrier units consist of undeveloped sections of 
coastal barrier islands and the associated aquatic habitat 
which lies behind these barriers. The CBRS was created by the 
Coastal Barrier Resources Act (CBRA, Public Law 97-348) and 
expanded by the Coastal Barrier Improvement Act of 1990 (Public 
Law 101-591). The law is administered by the U.S. Fish and 
Wildlife Service (FWS) of the Department of the Interior.
    Inclusion of property in CBRS does not prevent private 
development of land, nor does it prevent actions necessary to 
process and issue federal permits necessary for development. 
However, it does place significant restrictions on the 
availability of any new federal financial assistance to develop 
the property. For example, after October 1, 1983, no new 
federal flood insurance can be issued for properties in CBRS. 
For those homeowners who were issued flood insurance policies 
before the deadline, the policies remain in force. However, if 
the property is damaged more than 50 percent of its value and a 
claim is placed, the claim will be paid but the insurance 
policy cannot be renewed. In addition, if an insured structure 
is substantially expanded or replaced with more intensive 
development, insurance coverage is lost.
    In addition to the federal flood insurance limitation, CBRA 
prohibits most new federal financial assistance, if those 
expenditures encourage development. This would include funds 
for certain types of disaster relief, community block grants, 
Federal Home Administration housing loans, water systems and 
wastewater treatment grants, flood control and beach erosion 
projects, and highway construction projects.
    There are also 271 ``Otherwise Protected Areas'' (OPAs) 
included in the CBRS comprising approximately 1.7 million 
acres. These areas include national wildlife refuge lands, 
national parks and seashores, state parks, military bases and 
conservation lands owned by private organizations. These units 
were incorporated within the CBRS with the enactment of the 
Coastal Barrier Improvement Act of 1990. While federal flood 
insurance is not available within these areas, OPAs are 
eligible for other federal financial assistance. When OPAs were 
included in the System, they were delineated with rudimentary 
mapping tools based upon pre-existing boundary data. As a 
result of technological advancements in geographic information 
systems, databases and digital mapping techniques, OPA 
boundaries have been shown to have embedded inaccuracies. FWS 
continues to uncover cases where OPA boundaries do not coincide 
with the actual legal land boundaries.
    The entire CBRS, including OPAs, has 856 units and more 
than 3 million acres of fastland and associated aquatic habitat 
along the Atlantic Ocean, the Gulf of Mexico, and the Great 
Lakes. Since its enactment almost thirty years ago, CBRS has 
saved taxpayers at least $1.3 billion.
    H.R. 2027 would revise four CBRS units in Rhode Island. Two 
of the units were created by the original implementing 
legislation in 1982 and the other two units are OPAs. FWS was 
initially contacted in 2004 regarding the cancellation of 
federal flood insurance for a homeowner who had property in the 
Easton Beach OPA (RI-05P). As a result of its investigation, 
FWS ruled that the private property should not have been 
incorporated within this OPA. In addition, FWS conducted a 
comprehensive review of several Rhode Island maps and found a 
number of mistakes involving private property owners.
    Since FWS lacks statutory authority to correct mapping 
errors, this legislation will remove the Easton Beach homeowner 
from the system and make a number of other modifications. In 
total, the legislation removes 20 acres of privately owned 
fastland and 2 acres of associated aquatic habitat from CBRS. 
At the same time, the measure adds 34 acres of fastland and 33 
acres of aquatic habitat to the system. These lands include 
boundary changes to the Norman Bird Sanctuary and several local 
public beaches. The net effect of these changes is that 45 new 
acres will be added to CBRS. There is no cost to the taxpayers 
for these changes and potentially some savings in the future.

                            COMMITTEE ACTION

    H.R. 2027 was introduced on May 26, 2011, by Congressman 
David Cicilline (D-RI). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Fisheries, Wildlife, Oceans, and Insular 
Affairs. On October 25, 2011, the Subcommittee held a hearing 
on the bill. On November 17, 2011, the Full Natural Resources 
Committee met to consider the bill. The Subcommittee on 
Fisheries, Wildlife, Oceans, and Insular Affairs was discharged 
by unanimous consent. No amendments were offered, and the bill 
was adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:

H.R. 2027--A bill to revise the boundaries of the John H. Chafee 
        Coastal Barrier Resources System Sachuest Point Unit RI-04P, 
        Easton Beach Unit RI-05P, Almy Pond Unit M-06, and Hazards 
        Beach Unit M-07 in Rhode Island

    H.R. 2027 would update a map of the Coastal Barrier 
Resources System (CBRS) near Newport, Rhode Island. Based on 
information from the U.S. Fish and Wildlife Service, CBO 
estimates that implementing the legislation would have no 
significant impact on the federal budget. H.R. 2027 could 
affect direct spending; therefore, pay-as-you-go procedures 
apply. However, we estimate that any net change in direct 
spending would be negligible over the 2012-2021 period. 
Enacting the bill would not affect revenues.
    The bill would revise CBRS maps for several units within 
the system and, on net, add 45 acres of land to the CBRS. The 
modified maps would exclude certain private acreage, which 
would enable owners of several structures to purchase federal 
flood insurance. CBO estimates that, relative to current law, 
implementing H.R. 2027 could increase premium collections of 
the National Flood Insurance Fund by less than $50,000 
annually. Such collections would be offset by new mandatory 
spending for underwriting and administrative expenses and new 
flood insurance claims over the 2012-2021 period.
    H.R. 2027 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.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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, credit authority, or an increase or decrease in 
revenues or tax expenditures. H.R. 2027 could affect direct 
spending; therefore, pay-as-you-go procedures apply. However, 
CBO estimates that any net change in direct spending would be 
negligible over the 2012-2021 period. CBO estimates that, 
relative to current law, implementing H.R. 2027 could increase 
premium collections of the National Flood Insurance Fund by 
less than $50,000 annually. Such collections would be offset by 
new mandatory spending for underwriting and administrative 
expenses and new flood insurance claims over the 2012-2021 
period.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to revise the boundaries of John H. 
Chafee Coastal Barrier Resources System Sachuest Point Unit RI-
04P, Easton Beach Unit RI-05P, Almy Pond Unit RI-06, and 
Hazards Beach Unit RI-07 in Rhode Island.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    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

    If enacted, this bill would make no changes in existing 
law.

                            APPENDIX I: MAP



                                  
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