[House Report 113-703]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-703
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REPLACEMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM MAP
_______
December 22, 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
together with
DISSENTING VIEWS
[To accompany H.R. 5139]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5139) to correct the boundaries of the John H.
Chafee Coastal Barrier Resources System Unit P16, 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 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 Unit
P16 in Florida is hereby replaced by another map relating to the same
unit entitled ``John H. Chafee Coastal Barrier Resources System
Corrected Unit P16'' and dated October 30, 2014.
(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 section 4(b) of the Coastal Barrier
Resources Act (16 U.S.C. 3503(b)).
PURPOSE OF THE BILL
The purpose of H.R. 5139 is to correct the boundaries of
the John H. Chafee Coastal Barrier Resources System Unit P16.
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 affect fastland that was added to
System Unit P-16, Keewaydin Island, with the adoption of the
Coastal Barrier Improvement Act of 1990. This measure would
remove 43.61 acres of private land on Marco Island and 17 acres
of private land on the Isles of Capri. All of this property is
within Collier County, Florida. The Unit would retain 14,984
acres of aquatic habitat, 1,115 acres of fastland and 40.31
acres of conservation land owned by the State of Florida.
Based on research by the property owners, the required
infrastructure that made land ineligible for inclusion in the
System codified in the Coastal Barrier Resources
Reauthorization Act of 2000 was in place prior to 1990.
Specifically, the number of condominium owners on Marco Island
affected by this measure is 315, of which 110 are not eligible
for the National Flood Insurance Program and 205 were
``grandfathered'' under the program. At the time of inclusion
within the System, four of the six condominium buildings had
been built and the last two were completed in 1995 and 1996. A
full complement of infrastructure including paved roads,
electricity, sewer, and water was present as of December 1988.
In terms of the Isle of Capri, 190 condominium owners are
impacted including 54 that are not eligible for participation
in the Federal Flood Insurance Program. In this case, six of
the seven condominium buildings were completed prior to 1990.
The first building was completed in 1986. The seventh building
was partially constructed, the developer went bankrupt and the
condo was totally rebuilt in 2000. Again, the full complement
of infrastructure was present by June 1985.
During the hearing on this legislation, it became clear
that there is no dispute that these condominium 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. 5139 was introduced on July 17, 2014, by Congressman
Curt Clawson (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
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. 5139--A bill to correct the boundaries of the John H. Chafee
Coastal Barrier Resources System Unit P16
H.R. 5139 would update a map for a portion of the Coastal
Barrier Resources System (CBRS) located in Florida. Based on
information provided by the U.S. Fish and Wildlife Service
(USFWS), CBO estimates that implementing the legislation would
have no significant effect on the federal budget.
Because H.R. 5139 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 certain land from the CBRS. The amount of
lands that would be removed from the CBRS under the bill is
uncertain because the USFWS has not completed the revised map.
However, based on information from the agency, CBO expects that
the new map would exclude lands containing between 20 and 50
structures, which would enable owners of those structures to
purchase federal flood insurance. CBO estimates that, relative
to current law, enacting H.R. 5139 could increase premium
collections of the National Flood Insurance Fund by less than
$150,000 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. 5139 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 provided by the U.S. Fish and Wildlife Service, CBO
estimates that implementing the legislation would have no
significant effect on the federal budget. Enactment of the bill
could affect direct spending but the net effect 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 correct the boundaries of the John
H. Chafee Coastal Barrier Resources System Unit P16.
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.
DISSENTING VIEWS
H.R. 5139--TO REMOVE FROM THE JOHN H. CHAFEE COASTAL BARRIER RESOURCES
SYSTEM (CBRS) AREAS INCLUDED IN FLORIDA SYSTEM UNIT P-16.
Originally passed in 1982, the Coastal Barrier Resources
Act (CoBRA) has long enjoyed broad bipartisan support because,
in the words of President Ronald Reagan, it ``enhances both
natural resources conservation and fiscal responsibility.'' The
Act created the Coastal Barrier Resources System (CBRS), and
required the U.S. Fish and Wildlife Service to recommend for
inclusion in the system land that was at high risk of flooding,
erosion, and impacts from coastal storms. The law makes
property in the CBRS ineligible for Federal Government
subsidies like flood insurance and transportation grants,
because Congress realized that repeated bailouts of people and
communities that make risky development decisions was wasting
tax dollars.
H.R. 5139 would replace an existing Coastal Barrier
Resources System (CBRS) map with a new map which, among other
things, carves out several parcels of land in Florida that have
homes on them. But for CoBRA to be effective in protecting both
shorelines and taxpayers, the maps that are the basis of the
law must be drawn accurately to show which properties should be
eligible for Federal subsidies. The Fish and Wildlife Service
is currently drafting a map for the CBRS unit addressed in H.R.
5139, but will not finalize the map until early next year. FWS
has concerns about the possibility of codifying inaccurate CBRS
boundaries and would prefer to wait until it has remapped the
unit through the appropriate process. The bill references a map
dated October 30, 2014. However, FWS does not expect to have a
final recommended map until the spring of 2015. Therefore this
legislation would short-circuit the standard process for
development of maps that maximize coastal resiliency and
taxpayer protection.
Given the reality of sea level rise driven by human-induced
climate change, we cannot afford to get these maps wrong. It is
far more responsible to wait until the final recommended maps
are complete before legislating. For this reason we oppose H.R.
5139.
Peter DeFazio,
Ranking Member, Committee on
Natural Resources.
Gregorio Kilili Camacho Sablan,
Ranking Member, Subcommittee
on Fisheries, Wildlife,
Oceans and Insular
Affairs.