[House Report 113-637]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-637

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



 
  REMOVAL OF PROPERTIES IN SOUTH CAROLINA FROM JOHN H. CHAFEE COASTAL 
                        BARRIER RESOURCES SYSTEM

                                _______
                                

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. 3227]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3227) to remove from the John H. Chafee Coastal 
Barrier Resources System certain properties in South 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. REMOVAL OF PROPERTIES IN SOUTH CAROLINA FROM JOHN H. CHAFEE 
                    COASTAL BARRIER RESOURCES SYSTEM.

  (a) In General.--The map subtitled ``Huntington Beach Unit SC-03'' 
included in the sets 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 Huntington Beach Unit in 
South Carolina is hereby replaced by another map relating to the same 
unit entitled ``John H. Chafee Coastal Barrier Resources System 
Corrected Huntington Beach Unit SC-03'' dated September 30, 2014.
  (b) Availability.--The Secretary of the Interior shall keep each map 
revised under 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. 3227 is to remove from the John H. 
Chafee Coastal Barrier Resources System certain properties in 
South 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. However, 
despite their vulnerability, these areas are attractive places 
to locate private homes and resorts.
    The John H. Chafee Coastal Barrier Resources System (CBRS) 
is comprised 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. 
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. The entire Coastal Barrier Resources 
System, including ``Otherwise Protected Areas'' (OPAs) has 856 
units and more than 3 million acres of fastland and associated 
aquatic habitat.
    Inclusion of property in the 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 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 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, 
OPAs are eligible for other federal financial assistance, 
unlike System units. 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 (FWS) 
continues to uncover cases where OPA boundaries do not coincide 
with the actual legal land boundaries.
    This legislation would revise the boundaries of Huntington 
Beach Unit SC-03 within the CBRS in South Carolina. SC-03 was 
established by the Coastal Barrier Improvement Act of 1990 and 
is currently comprised of 1,847 acres of land in Georgetown 
County. At the time of designation, at least 16 property lots 
were fully developed. In fact, development within the 
subdivision known as Inlet Harbor was almost completely built 
by 1990. This legislation would direct the Secretary of the 
Interior to revise the existing map and to remove 21 specific 
parcels of private property land from the System. This land is 
comprised of 12 acres of fastland areas.
    During the legislative hearing on this legislation, it 
became clear that there is no dispute that these property 
owners were mistakenly incorporated within the CBRS. This bill 
is necessary to correct the mapping errors because FWS lacks 
the statutory authority to administratively fix the problem.

                            COMMITTEE ACTION

    H.R. 3227 was introduced on October 1, 2013, by Congressman 
Tom Rice (R-SC). 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 held a hearing on the bill. On September 
18, 2014, 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 an amendment designated 
.001 to the bill; the amendment was adopted by voice vote. No 
further amendments were offered, and the bill, as amended, was 
then adopted and ordered favorably reported to the House of 
Representatives by voice vote.

            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. 3227--A bill to remove from the John H. Chafee Coastal Barrier 
        Resources System certain properties in South Carolina

    HR. 3227 would update a map for a portion of the Coastal 
Barrier Resources System (CBRS) located in Georgetown County, 
South 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. 3227 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 the CBRS map for a unit within the 
system and remove 13 acres of land from the CBRS. The modified 
maps would exclude certain privately owned acreage, which would 
enable owners of about 20 structures to purchase federal flood 
insurance. CBO estimates that, relative to current law, 
enacting H.R. 3227 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. 3227 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, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. 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. H.R. 3227 could 
affect direct spending, but any net change would be negligible 
over the 2015-2024 time 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 remove from the John H. Chafee 
Coastal Barrier Resources System certain properties in South 
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.