[House Report 113-634]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-634

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



 
REPLACEMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM MAP FOR 
                         UNITS IN RHODE ISLAND

                                _______
                                

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. 277]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 277) 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 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 ``Sachuest Point Unit RI-04P, 
Easton Beach Unit RI-05P, Almy Pond Unit RI-06, Hazards Beach Unit RI-
07'', 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 Rhode Island, is 
hereby replaced by another map relating to the units entitled ``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'' and dated September 16, 2013.
  (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 provisions of section 4(b) of the 
Coastal Barrier Resources Act (16 U.S.C. 3503(b)).

                          PURPOSE OF THE BILL

    The purpose of H.R. 277 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, 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 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 Coastal Barrier Resources 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 Coastal Barrier Resources 
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 and the Department of the Interior.
    There are 271 ``Otherwise Protected Areas'' (OPAs) 
comprising approximately 1.7 million acres. which includes 
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.
    Inclusion of property in the Coastal Barrier Resources 
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.
    H.R. 277 would revise four Coastal Barrier Resources System 
units in Rhode Island. Two of the units were created by the 
Coastal Barrier Resources Act of 1982 and the other two are 
OPAs which were established in the Coastal Barrier Improvement 
Act of 1990. The Fish and Wildlife Service was initially 
contacted in 2004 relative to 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, the Fish and 
Wildlife Service ruled that private property should not have 
been incorporated within this OPA.
    Since the Fish and Wildlife Service lacks statutory 
authority to correct mapping errors, H.R. 277 will remove 
certain homeowners from the System and it makes a number of 
other modifications. In total, the legislation removes 20 acres 
of fastland and two acres of associated aquatic habitat from 
the Coastal Barrier Resources System. At the same time, the 
measure adds 34 acres of fastland and 33 acres of aquatic 
habitat to the System. These lands included boundary changes to 
the Norman Bird Sanctuary and several local beaches. The net 
effect of these changes is that 45 new acres will be added to 
the System.

                            COMMITTEE ACTION

    H.R. 277 was introduced on January 15, 2013, by Congressman 
David N. 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 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. 277--A bill to revise the boundaries of John H. Chafee Coastal 
        Barrier Resources Systems Sachuest Point Unit RI-04P, Easton 
        Beach Unit RI-05P, Almy Pond Unit RI-06, and Hazards Beach Unit 
        RI-07 in Rhode Island

    H.R. 277 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 effect on the federal budget. Because H.R. 277 
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, would 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, 
enacting H.R. 277 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 2015-2024 period.
    H.R. 277 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, 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. 277 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 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 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.

                       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.