[House Report 112-580]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-580

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



 
    TO CORRECT THE BOUNDARIES OF THE JOHN H. CHAFEE COASTAL BARRIER 
             RESOURCES SYSTEM GASPARILLA ISLAND UNIT FL-70P

                                _______
                                

  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

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2154]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2154) to correct the boundaries of the John H. 
Chafee Coastal Barrier Resources System Gasparilla Island Unit 
FL-70P, 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 all after the enacting clause and insert the 
following:

SECTION 1. REPLACEMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES 
                    SYSTEM MAP.

  (a) In General.--The map subtitled ``Gasparilla Island Unit FL-70P'' 
included in the set of maps entitled ``Coastal Barrier Resources 
System'' referred to in section 4(a) of the Coastal Barrier Resources 
Act (16 U.S.C. 3503(a)) and relating to the Gasparilla Island Unit in 
Florida is hereby replaced by another map relating to the same unit 
entitled ``John H. Chafee Coastal Barrier Resources System Corrected 
Gasparilla Unit FL-70P'' and dated July 8, 2011.
  (b) Availability.--The Secretary of the Interior shall keep the 
replacement map referred to in subsection (a) on file and available for 
inspection in accordance with the section 4(b) of the Coastal Barrier 
Resources Act (16 U.S.C. 3503(b)).

                          PURPOSE OF THE BILL

    The purpose of H.R. 2154, as ordered reported, is to 
correct the boundaries of the John H. Chafee Coastal Barrier 
Resources System Gasparilla Island Unit FL-70P.

                  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. 
Depite 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 (Public Law 97-348) and expanded 
by the Coastal Barrier Improvement Act of 1990 (Public Law 101-
591). The law is administred by the U.S. Fish and Wildlife 
Service of the U.S. 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. The 
U.S. Fish and Wildlife Service (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. 2154 would affect a single 132-acre CBRS unit in 
Florida (FL-70P) which was established as an OPA and is located 
near Fort Myers. The unit was designed to coincide with the 
boundaries of Gasparilla State Park but the map included in the 
CBRS does not. H.R. 2154 is written to accurately reflect the 
boundaries of the State Park, thereby removing 5.2 acres of 
privately owned land containing 23 residential homes along Boca 
Bay from the CBRS. This mapping mistake has been confirmed by 
aerial photography, maps and public records reviewed by the 
Florida Department of Environmental Protection, Gasparilla 
Island Conservation and Improvement Association and Lee County, 
Florida, officials who all indicate that this property proposed 
for removal was never within the boundaries of Gasparilla State 
Park.
    According to the Lee County Property Appraiser, the 23 
homes were built between 1993 and 1999. While initially the 
property owners were able to obtain federal flood insurance, a 
number of those policies have been cancelled. As a result, 
these homeowners have had to either obtain private insurance, 
which is prohibitively expensive, or forgo insurance, which 
makes it nearly impossible to sell their property. This 
legislation will correct an honest mapping mistake and allow 
affected homeowners to maintain federal flood insurance in the 
future.

                            COMMITTEE ACTION

    H.R. 2154 was introduced on June 13, 2011, by Congressman 
Connie Mack (R-FL). 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. Congressman John Fleming (R-LA) offered amendment 
designated .019 to the bill; the amendment was adopted by 
unanimous consent. The bill, as amended, was then 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. 2154--A bill to correct the boundaries of the John H. Chafee 
        Coastal Barrier Resources System Gasparilla Island Unit FL-70P

    H.R. 2154 would update a map of the Coastal Barrier 
Resources System (CBRS) near Boca Raton, Florida. 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. 2154 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.
    H.R. 2154 would revise CBRS maps for the Gasparilla Island 
Unit to exclude lands containing about 20 homes. Enacting the 
bill would enable those homeowners to purchase federal flood 
insurance. CBO estimates that, relative to current law, 
implementing H.R. 2154 could increase premium collections of 
the National Flood Insurance Fund by less than $100,000 
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. 2154 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. 2154 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. 2154 could increase 
premium collections of the National Flood Insurance Fund by 
less than $100,000 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, as ordered reported, is to correct the 
boundaries of the John H. Chafee Coastal Barrier Resources 
System Gasparilla Island Unit FL-70P.

                           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 II: ADDITIONAL VIEWS

    H.R. 2154, as amended, proposes revisions to the boundaries 
of one unit of the Coastal Barrier Resources System (CBRS), the 
Gasparilla Island Unit FL-70P in Lee County, Florida using a 
third-party map dated July 8, 2011. The proposed boundary 
revisions would remove 23 homes in the Boca Bay development 
from the unit, which would allow these homeowners to be 
eligible for federal flood insurance. The Fish and Wildlife 
Service (FWS) expressed concern in amending CBRS boundaries 
using a third-party map as it circumvents a comprehensive 
review of the unit, in accordance with the Coastal Barrier 
Resources Act (16 U.S.C. 3501 et seq.). The FWS currently has a 
large backlog of requests to conduct technical correction 
reviews of CBRS units, as these reviews are time and resource 
intensive. On November 17, 2011, at the mark-up on H.R. 2154, 
the Chairman of the Committee on Natural Resources and the 
Ranking Member of the Subcommittee on Fisheries, Wildlife, 
Oceans and Insular Affairs entered into a colloquy confirming 
that the FWS had agreed to produce a new draft map, subject to 
public review, that accurately reflects the boundaries of the 
Gasparilla Island Unit FL-70P, which will be incorporated into 
the bill prior to any floor action.

                                   Edward J. Markey.
                                   Rush Holt.
                                   Madeleine Z. Bordallo.
                                   Grace F. Napolitano.
                                   Niki Tsongas.
                                   John Garamendi.
                                   Dale E. Kildee.
                                   Frank Pallone, Jr.
                                   Raul M. Grijalva.
                                   Gregorio Kilili Camacho Sablan.
                                   Ben Ray Lujan.

                                  
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