[House Report 113-633]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-633

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REPLACEMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM MAP FOR 
                        UNITS IN NORTH CAROLINA

                                _______
                                

December 1, 2014.--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. 3572]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3572) to revise the boundaries of certain John 
H. Chafee Coastal Barrier Resources System units in North 
Carolina, 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 MAPS.

  (a) In General.--The maps subtitled ``Lea Island Complex L07''; 
``Wrightsville Beach Unit L08, Masonboro Island Unit L09''; and 
``Masonboro Island Unit L09'', included in the set of maps entitled 
``John H. Chafee 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 certain John H. Chafee Coastal Barrier Resources System 
units in North Carolina, are hereby replaced by other maps relating to 
the units entitled ``Lea Island Complex L07''; ``Wrightsville Beach 
Unit L08, Masonboro Island Unit L09''; and ``Masonboro Island Unit 
L09'', respectively, and dated March 12, 2014.
  (b) Availability.--The Secretary of the Interior shall keep the 
replacement maps referred to in subsection (a) on file and available 
for inspection in accordance with section 4(b) of the Coastal Barrier 
Resources Act (16 U.S.C. 3503(b)).

                          PURPOSE OF THE BILL

    The purpose of H.R. 3572 is to revise the boundaries of 
certain John H. Chafee Coastal Barrier Resources System units 
in North Carolina.

                  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, 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 
locate private homes and resorts.
    The John H. Chafee Coastal Barrier Resources System is made 
up of coastal barrier units delineated on maps adopted by 
Congress. These units consist of undeveloped sections of 
coastal barrier islands and the associated aquatic habitat 
which lies behind these barriers. The System was created by the 
Coastal Barrier Resources Act of 1982 (CBRA) and was expanded 
by the Coastal Barrier Improvement Act of 1990. It affects 
properties along the Atlantic Ocean, Great Lakes and the Gulf 
of Mexico. There are no designations along the Pacific Ocean.
    The System was initially comprised of 186 units totaling 
666 miles of shoreline and 452,834 acres of undeveloped, 
unprotected coastal barriers on the Atlantic and Gulf of Mexico 
coasts. 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 entire 
System including ``Otherwise Protected Areas'' has 856 units 
and more than 3 million acres of fastland and associated 
aquatic habitat. The System is administered by the U.S. Fish 
and Wildlife Service of the Department of the Interior.
    Inclusion of property in the System 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 assistance to develop the 
property. After October 1, 1983, no new federal flood insurance 
can be issued for properties in the System. For those 
homeowners who were issued flood insurance policies before the 
deadline, they 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 in the System 
is substantially expanded or replaced with more intensive 
development, insurance coverage is lost.
    There are 271 ``Otherwise Protected Areas'' (OPAs) 
comprising approximately 1.7 million acres. which include 
national wildlife refuge lands, national parks and seashores, 
state parks, military bases and conservation lands owned by 
private organizations. While federal flood insurance is not 
available within these areas, unlike the System units, 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 
Fish and Wildlife Service continues to uncover cases where OPA 
boundaries do not coincide with the actual legal land 
boundaries.
    H.R. 3572 would revise the boundaries of Lea Island Complex 
LO7, Wrightsville Beach Unit LO8, and Masonboro Island Unit LO9 
in the Coastal Barrier Resources System in North Carolina. All 
of these units were established by the Coastal Barrier 
Resources Act of 1982. They are comprised of 712.4 acres of 
fastland and 12,532.3 acres of aquatic habitat.
    Under this legislation, new proposed maps that correctly 
follow the shoreline and excludes areas that should not have 
been placed in the System would be enacted. This would affect 
70 acres of fastland, which was developed prior to designation 
within the System, and 57 acres of aquatic habitat. This would 
cause the removal of 32 structures from the System.
    At the same time, it adopts the recommendations of the Fish 
and Wildlife Service who has comprehensively examined these 
three CBRA units as part of its ongoing Digital Mapping 
Project. As a result, of their analysis, 73 acres of fastland 
and 818 acres of aquatic habitat would be added to CBRS. 
Therefore, the net effect of Congress implementing these new 
maps will be the addition of 764 acres of fastland and aquatic 
habitat to the System.

                            COMMITTEE ACTION

    H.R. 3572 was introduced on November 21, 2013, by 
Congressman Mike McIntyre (D-NC). 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 April 8, 2014, the Subcommittee on Fisheries, 
Wildlife, Oceans, and Insular Affairs held a hearing on the 
bill. On July 16, 2014, the 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 an amendment 
designated .001 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. 3572--A bill to revise the boundaries of certain John H. Chafee 
        Coastal Barrier Resources System units in North Carolina

    H.R. 3572 would update a map of the Coastal Barrier 
Resources System (CBRS) near Wilmington, North Carolina. Based 
on information from the U.S. Fish and Wildlife Service, CBO 
estimates that implementing the legislation would have no 
significant effect on the federal budget. Because H.R. 3572 
could affect direct spending, pay-as-you-go procedures apply. 
However, we estimate that any net change in direct spending 
would be negligible over the 2015-2024 period. Enacting the 
bill would not affect revenues.
    The bill would revise CBRS maps for several units within 
the system and, on net, add 764 acres of land to the CBRS. The 
modified maps would exclude certain private acreage, which 
would enable owners of about 30 structures to purchase federal 
flood insurance. CBO estimates that, relative to current law, 
enacting H.R. 3572 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 2015-2024 period.
    H.R. 3572 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 contacts for this estimate are Jeff LaFave 
and Daniel Hoople. 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, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. CBO estimates that 
implementing the bill would have no significant effect on the 
federal budget. According to CBO, relative to current law, 
enacting H.R. 3572 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 2015-2024 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 certain 
John H. Chafee Coastal Barrier Resources System units in North 
Carolina.

                           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.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.