[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.