[Senate Report 115-149]
[From the U.S. Government Publishing Office]



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                                                    Calendar No. 214
115th Congress     }                         {              Report
                                 SENATE
 1st Session       }                         {               115-149
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   A BILL TO REVISE THE BOUNDARIES OF CERTAIN JOHN H. CHAFEE COASTAL 
               BARRIER RESOURCES SYSTEM UNITS IN DELAWARE

                                _______
                                

               September 7, 2017.--Ordered to be printed

                                _______
                                

   Mr. Barrasso, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1395]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1395) to revise the boundaries of certain 
John H. Chafee Coastal Barrier Resources System units in 
Delaware, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                    GENERAL STATEMENT AND BACKGROUND

    The Coastal Barrier Resources Act (CBRA) (Pub. L. 97-348), 
is a map-based law enacted in 1982 that recognizes certain 
actions and programs of the Federal Government subsidize and 
encourage development on coastal barriers. 16 U.S.C. 3501 et 
seq. Building on coastal barriers can contribute to the loss of 
natural resources and threaten human life, health and property. 
The CBRA system currently contains 859 geographic units in 23 
States and territories along the Atlantic, Gulf of Mexico, 
Great Lakes, U.S. Virgin Islands, and Puerto Rico coasts. The 
CBRA units are depicted on maps that are maintained by the 
Secretary of the Interior through the U.S. Fish and Wildlife 
Service (FWS).
    While CBRA does not prohibit or regulate development, it 
removes the Federal incentives to build on these unstable and 
environmentally sensitive areas. CBRA seeks to save taxpayers' 
money, keep people out of harm's way, and conserve natural 
resources by restricting most new Federal expenditures and 
financial assistance (e.g., beach nourishment, disaster 
assistance, and flood insurance) in areas designated within the 
CBRA system (CBRS).
    The FWS last revised the CBRA maps in 1990 using now 
antiquated manual cartographic technologies and paper base 
maps. Congress mandated a digital mapping pilot project in the 
2000 Coastal Barrier Resources Reauthorization Act (Pub. L. 
106-514). The 2006 Coastal Barrier Resources Reauthorization 
Act (Pub. L. 109-226) required a public review of the mapping 
results, finalization of the pilot project maps, and the 
preparation of digital maps for the remainder of the CBRS 
units. Delaware was part of the initial pilot project.
    In November 2016, the FWS released a report to Congress on 
the results of the coastal barrier islands digital mapping 
pilot project required by the 2006 Coastal Barrier Resources 
Reauthorization Act. As a result, the FWS recommended that the 
CBRA map unit for North Bethany Beach be modified to remove an 
area encompassing the South Shore Marina development that was 
erroneously included on the paper map. While the FWS may make 
technical modifications to a CBRA map to reflect changes 
resulting from natural forces, only Congress has the authority 
to make changes to correct mapping errors. 16 U.S.C. 3503(c).

                     OBJECTIVES OF THE LEGISLATION

    The objective of this legislation is to update the current 
paper map for a CBRS unit in North Bethany, Delaware with the 
new digital maps that remove the area encompassing the South 
Shore Marina development.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Replacement of the John H. Chafee Coastal Barrier Resources 
        Map

    This section updates the current CBRS paper map for a CBRS 
unit in North Bethany, Delaware with the new digital maps 
developed with stakeholders. These updated digital maps remove 
the area encompassing the South Shore Marina development that 
was mistakenly included in the CBRS unit when the existing map 
was created in 1990, thus removing the limitations on 
eligibility for federal assistance and expenditures, including 
FEMA federal flood insurance, DOT highway and airport funding, 
and Corps of Engineers navigation or flood protection projects.
    This section also requires the Secretary of Interior to 
keep the replacement map available for inspection in the Office 
of the Director of the United States Fish and Wildlife Service 
and other offices deemed appropriate.

                          LEGISLATIVE HISTORY

    S. 1395, to revise the boundaries of certain John H. Chafee 
Coastal Barrier Resources System units in Delaware, was 
introduced by Senators Thomas Carper and Christopher Coons on 
June 21, 2017. The bill was referred to the Committee on 
Environment and Public Works. The Committee ordered S. 1395 to 
be reported favorably on July 12, 2017.

                                HEARINGS

    No committee hearings were held on S. 1395.

                             ROLLCALL VOTES

    On July 21, 2017, the Committee conducted a business 
meeting to consider S. 1395. The Committee ordered the bill to 
be reported favorably by voice vote.

                      REGULATORY IMPACT STATEMENT

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that S. 1395 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          MANDATES ASSESSMENT

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee notes that the Congressional 
Budget Office found that S. 1395 contains no intergovernmental 
or private-sector mandates as defined in UMRA and would impose 
no costs on state, local, or tribal governments.

                          COST OF LEGISLATION

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report, if available. That statement follows:

                                                   August 16, 2017.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1395, a bill to 
revise the boundaries of certain John H. Chafee Coastal Barrier 
Resources System units in Delaware.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 1395--A bill to revise the boundaries of certain John H. Chafee 
        Coastal Barrier Resources System units in Delaware

    S. 1395 would update the map for a portion of the Coastal 
Barrier Resources System (CBRS) located in Delaware. 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.
    The bill would revise the CBRS map for several units within 
the system and would add, on net, about 800 acres to the system 
(increasing the size of the CBRS by less than 0.1 percent). 
Based on information provided by the agency, CBO expects that 
the new map would exclude lands containing 98 structures, which 
would enable owners of those structures to purchase flood 
insurance from the federal government. CBO estimates that 
enacting S. 1395 could increase premium collections of the 
National Flood Insurance Fund by less than $500,000 annually. 
On an expected-value basis those collections, which are 
recorded as offsets to direct spending, would be roughly offset 
by new mandatory spending for underwriting, administrative 
expenses, and new flood insurance claims over the 2017-2027 
period.
    Because enacting the bill could affect direct spending, 
pay-as-you-go procedures apply. However, CBO estimates that any 
net change in direct spending would be negligible over the 
2017-2027 period. Enacting the bill would not affect revenues.
    CBO estimates that enacting S. 1395 would not significantly 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2028.
    S. 1395 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                        CHANGES IN EXISTING LAW

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires changes in existing law made by the bill as reported 
to be shown. S. 1395 does not amend existing law.

                                  [all]