[House Report 116-321]
[From the U.S. Government Publishing Office]


116th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {      116-321

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



 
           DISTRICT OF COLUMBIA FLOOD PREVENTION ACT OF 2019

                                _______
                                

December 3, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2185]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2185) to amend the Coastal Zone Management Act 
of 1972 to allow the District of Columbia to receive Federal 
funding under such Act, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 2185 is to amend the Coastal Zone 
Management Act of 1972 to allow the District of Columbia to 
receive federal funding under such Act, and for other purposes.

                  Background and Need for Legislation

    The Coastal Zone Management Act of 1972\1\ (CZMA) provides 
a number of avenues through which states and territories can 
address the impacts of climate change and ensure that access to 
key coastal areas is protected in the face of rising seas and 
other threats from climate change. The CZMA allows for 
voluntary partnerships between the federal government and 
coastal states and territories to help participating 
jurisdictions develop coastal management programs (CMP) that 
balance competing uses of the coastal zone and ensure the 
protection of the nation's coasts.
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    \1\Pub. L. No. 92-583, 86 Stat. 1280 (1972).
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    States and territories receive two primary benefits from 
participating in the program: (1) financial assistance through 
federal grants to develop and implement CMPs and (2) the 
ability to review and officially object to any development that 
is inconsistent with its CMP. Currently, thirty-four states and 
territories, including states surrounding the Great Lakes, 
American Samoa, Guam, the Northern Mariana Islands, Puerto 
Rico, and the Virgin Islands, are eligible to participate and 
have CMPs.\2\ (Alaska is also eligible but withdrew its 
participation in 2011.)\3\ Tribes and the District of Columbia 
are not eligible to participate.
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    \2\Eva Lipiec, Cong. Research Serv., R45460, Coastal Zone 
Management Act (CZMA): Overview and Issues for Congress 3 (2019).
    \3\Id. at 3 n.11.
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    However, according to the best available data, over half of 
the District is located in the coastal plain physiographic 
province.\4\ Nuisance coastal flooding is significant in the 
District and has only gotten worse--one analysis has estimated 
that since the late 1950s, nuisance coastal flooding has 
increased in average frequency by 373 percent in the 
District.\5\ Furthermore, sea level rise along the Atlantic 
from Virginia northward is projected to be higher than the 
worldwide average for ``almost all'' future scenarios, further 
demonstrating the increasing threat of coastal flooding to the 
region.\6\
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    \4\N.M. Fenneman & D.W. Johnson, U.S. Geological Survey, 
Physiographic Divisions of the Conterminous U.S. (1946), dataset 
available at https://water.usgs.gov/GIS/metadata/usgswrd/XML/
physio.xml; see also Trista Thornberry-Ehrlich, Nat'l Park Serv., Nat. 
Res. Rep. NPS/NRPC/GRD/NRR--2009/146, Rock Creek Park Geologic 
Resources Inventory Report 3 fig.1 (2009), https://irma.nps.gov/
DataStore/DownloadFile/425528. See generally Washington's Geologic 
Setting, U.S. Geological Survey, https://pubs.usgs.gov/gip/stones/
setting.html (last revised Jan. 13, 1999).
    \5\Nat'l Capital Planning Comm'n, Flood Risk Management Planning 
Resources for Washington, DC 47 (2018), https://www.ncpc.gov/docs/
Flood_Risk_Management_Planning_
Resources_January_2018.pdf.
    \6\NOAA, NOAA Technical Report: NOS CO-OPS 083, Global and Regional 
Sea Level Rise Scenarios for the United States vii (2017), https://
tidesandcurrents.noaa.gov/publications/
techrpt83_Global_and_Regional_SLR_Scenarios_for_the_US_final.pdf.
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    The District of Columbia is the only coastal entity in the 
United States besides tribal communities that is not eligible 
to participate in the CZMA. H.R. 2185 allows the District to 
participate in the CZMA, which would provide critical technical 
and financial support to assist the District with mitigating 
flooding and protecting coastal resources as the impacts from 
climate change continue to accrue.

                            Committee Action

    H.R. 2185 was introduced on April 9, 2019, by 
Representative Eleanor Holmes Norton (D-DC). The bill was 
referred solely to the Committee on Natural Resources, and 
within the Committee to the Subcommittee on Water, Oceans, and 
Wildlife. On July 25, 2019, the Subcommittee held a hearing on 
the bill. On September 25, 2019, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. No amendments were offered, 
and the bill was ordered favorably reported to the House of 
Representatives by a roll call vote of 20 yeas and 15 nays, as 
follows:


                                Hearings

    For the purposes of section 103(i) of H.Res. 6 of the 116th 
Congress--the following hearing was used to develop or consider 
H.R. 2185: legislative hearing by the Subcommittee on Water, 
Oceans, and Wildlife held on July 25, 2019.

                      Section-by-Section Analysis


Section 1. Short title

Section 2. Eligibility of District of Columbia for federal funding 
        under the Coastal Zone Management Act of 1972

    This section amends the CZMA to add the District of 
Columbia to the term ``coastal state'' (16 U.S.C. 1453(4)), 
allowing the District of Columbia to develop and implement a 
coastal zone management program and be eligible for CZMA grant 
funding.

            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 and Congressional Budget Act

    1.Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 10, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2185, the District 
of Columbia Flood Prevention Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    H.R. 2185 would amend the Coastal Zone Management Act of 
1972 to make the District of Columbia eligible to receive 
grants and technical assistance from the National Oceanic and 
Atmospheric Administration (NOAA) to develop and implement a 
local costal management program. In 2019, NOAA allocated $76 
million to coastal management grants for the 34 coastal states 
and territories participating in the program.
    Using information from NOAA on the historical amount of 
funding provided for coastal management assistance relative to 
the size of the coastal zones covered, CBO estimates that 
making the District of Columbia eligible to receive such 
assistance would cost less than $500,000 over the 2020-2024 
period. Such spending would be subject to the availability of 
appropriated funds.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to amend the Coastal Zone 
Management Act of 1972 to allow the District of Columbia to 
receive federal funding under such Act.

                           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.

                 Unfunded Mandates Reform Act Statement

    This bill contains no unfunded mandates.

                           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. The Coastal Zone Management 
Administration Awards (CFDA No. 11.419) modified by this bill 
are related and complementary to, but not duplicative of, the 
following programs identified in the most recent Catalog of 
Federal Domestic Assistance published pursuant to 31 U.S.C. 
6104: Sea Grant Support (CFDA No. 11.417), Coastal Zone 
Management Estuarine Research Reserves (CFDA No. 11.420), 
Financial Assistance for National Centers for Coastal Ocean 
Science (CFDA No. 11.426), Marine Sanctuary Program (CFDA No. 
11.429), Regional Fishery Management Councils (CFDA No. 
11.441), Chesapeake Bay Studies (CFDA No. 11.457), 
Congressionally Identified Awards and Projects (CFDA No. 
11.469), Office for Coastal Management (CFDA No. 11.473), and 
Coral Reef Conservation Program (CFDA No. 11.482).

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                  COASTAL ZONE MANAGEMENT ACT OF 1972


TITLE III--MANAGEMENT OF THE COASTAL ZONE

           *       *       *       *       *       *       *



                              definitions

  Sec. 304. For the purposes of this title--
  (1) The term ``coastal zone'' means the coastal waters 
(including the lands therein and thereunder) and the adjacent 
shorelands (including the waters therein and thereunder), 
strongly influenced by each other and in proximity to the 
shorelines of the several coastal states, and includes, 
islands, transitional and intertidal areas, salt marshes, 
wetlands, and beaches. The zone extends, in Great Lakes waters, 
to the international boundary between the United States and 
Canada and, in other areas, seaward to the outer limit of State 
title and ownership under the Submerged Lands Act (43 U.S.C. 
1301 et seq.), the Act of March 2, 1917 (48 U.S.C. 749), the 
Covenant to Establish a Commonwealth of the Northern Mariana 
Islands in Political Union with the United States of America, 
as approved by the Act of March 24, 1976 (48 U.S.C. 1681 note), 
or section 1 of the Act of November 20, 1963 (48 U.S.C. 1705), 
as applicable. The zone extends inland from the shorelines only 
to the extent necessary to control shorelands, the uses of 
which have a direct and significant impact on the coastal 
waters, and to control those geographical areas which are 
likely to be affected by or vulnerable to sea level rise. 
Excluded from the coastal zone are lands the use of which is by 
law subject solely to the discretion of or which is held in 
trust by the Federal Government, its officers or agents.
  (2) The term ``coastal resource of national significance'' 
means any coastal wetland, beach, dune, barrier island, reef, 
estuary, or fish and wildlife habitat, if any such area is 
determined by a coastal state to be of substantial biological 
or natural storm protective value.
  (3) The term ``coastal waters'' means (A) in the Great Lakes 
area, the waters within the territorial jurisdiction of the 
United States consisting of the Great Lakes, their connecting 
waters, harbors, roadsteads, and estuary-type areas such as 
bays, shallows, and marshes and (B) in other areas, those 
waters, adjacent to the shorelines, which contain a measurable 
quantity or percentage of sea water, including, but not limited 
to, sounds, bays, lagoons, bayous, ponds, and estuaries.
  (4) The term ``coastal state'' means a state of the United 
States in, or bordering on, the Atlantic, Pacific, or Arctic 
Ocean, the Gulf of Mexico, Long Island Sound, or one or more of 
the Great Lakes. For the purposes of this title, the term also 
includes the District of Columbia, Puerto Rico, the Virgin 
Islands, Guam, the Commonwealth of the Northern Mariana 
Islands, and the Trust Territories of the Pacific Islands, and 
American Samoa.
  (5) The term ``coastal energy activity'' means any of the 
following activities if, and to the extent that (A) the 
conduct, support, or facilitation of such activity requires and 
involves the siting, construction, expansion, or operation of 
any equipment or facility; and (B) any technical requirement 
exists which, in the determination of the Secretary, 
necessitates that the siting, construction, expansion, or 
operation of such equipment or facility be carried out in, or 
in close proximity to, the coastal zone of any coastal state;
          
          (i) Any outer Continental Shelf energy activity.
          (ii) Any transportation, conversion, treatment, 
        transfer, or storage of liquefied natural gas.
          (iii) Any transportation, transfer, or storage of 
        oil, natural gas, or coal (including, but not limited 
        to, by means of any deepwater port, as defined in 
        section 3(10) of the Deepwater Port Act of 1974 (33 
        U.S.C. 1502(10))).
For purposes of this paragraph, the siting, construction, 
expansion, or operation of any equipment or facility shall be 
``in close proximity to'' the coastal zone of any coastal state 
if such siting, construction, expansion, or operation has, or 
is likely to have, a significant effect on such coastal zone.
  (6) The term ``energy facilities'' means any equipment or 
facility which is or will be used primarily--
          (A) in the exploration for, or the development, 
        production, conversion, storage, transfer, processing, 
        or transportation of, any energy resource; or
          (B) for the manufacture, production, or assembly of 
        equipment, machinery, products, or devices which are 
        involved in any activity described in subparagraph (A).
The term includes, but is not limited to (i) electric 
generating plants; (ii) petroleum refineries and associated 
facilities; (iii) gasification plants; (iv) facilities used for 
the transportation, conversion, treatment, transfer, or storage 
of liquefied natural gas; (v) uranium enrichment or nuclear 
fuel processing facilities; (vi) oil and gas facilities, 
including platforms, assembly plants, storage depots, tank 
farms, crew and supply bases, and refining complexes; (vii) 
facilities including deepwater ports, for the transfer of 
petroleum; (viii) pipelines and transmission facilities; and 
(ix) terminals which are associated with any of the foregoing.
          (6a) The term ``enforceable policy'' means State 
        policies which are legally binding through 
        constitutional provisions, laws, regulations, land use 
        plans, ordinances, or judicial or administrative 
        decisions, by which a State exerts control over private 
        and public land and water uses and natural resources in 
        the coastal zone.
  (7) The term ``estuary'' means that part of a river or stream 
or other body of water having unimpaired connection with the 
open sea, where the sea water is measurably diluted with fresh 
water derived from land drainage. The term includes estuary-
type areas of the Great Lakes.
  (8) The term ``estuarine sanctuary'' means a research area 
which may include any part or all of an estuary and any island, 
transitional area, and upland in, or adjacent to such estuary, 
and which constitutes to the extent feasible a natural unit, 
set aside to provide scientists and students the opportunity to 
examine over a period of time the ecological relationships 
within the area.
  (9) The term ``Fund'' means the Coastal Zone Management Fund 
established under section 308(b).
  (10) The term ``land use'' means activities which are 
conducted in, or on the shorelands within, the coastal zone, 
subject to the requirements outlined in section 307(g).
  (11) The term ``local government'' means any political 
subdivision of, or any special entity created by, any coastal 
state which (in whole or part) is located in, or has authority 
over, such state's coastal zone and which (A) has authority to 
levy taxes, or to establish and collect user fees, or (B) 
provides any public facility or public service which is 
financed in whole or part by taxes or user fees. The term 
includes but is not limited to, any school district, fire 
district, transportation authority, and any other special 
purpose district or authority.
  (12) The term ``management program'' includes, but is not 
limited to, a comprehensive statement in words, maps, 
illustrations, or other media of communication, prepared and 
adopted by the state in accordance with the provisions of this 
title, setting forth objectives, policies, and standards to 
guide public and private uses of lands and waters in the 
coastal zone.
  (13) The term ``outer Continental Shelf energy activity'' 
means any exploration for, or any development or production of, 
oil or natural gas from the outer Continental Shelf (as defined 
in section 2(a) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1331(a))), or the siting, construction, expansion, or 
operation of any new or expanded energy facilities directly 
required by such exploration, development, or production.
  (14) The term ``person'' means any individual; any 
corporation, partnership, association, or other entity 
organized or existing under the laws of any state; the Federal 
Government; any state, regional, or local government; or any 
entity of any such Federal, state, regional, or local 
government.
  (15) The term ``public facilities and public services'' means 
facilities or services which are financed, in whole or in part, 
by any state or political subdivision thereof, including, but 
not limited to, highways and secondary roads, parking, mass 
transit, docks, navigation aids, fire and police protection, 
water supply, waste collection and treatment (including 
drainage), schools and education, and hospitals and health 
care. Such term may also include any other facility or service 
so financed which the Secretary finds will support increased 
population.
  (16) The term ``Secretary'' means the Secretary of Commerce.
  (17) The term ``special area management plan'' means a 
comprehensive plan providing for natural resource protection 
and reasonable coastal-dependent economic growth containing a 
detailed and comprehensive statement of policies; standards and 
criteria to guide public and private uses of lands and waters; 
and mechanisms for timely implementation in specific geographic 
areas within the coastal zone.
  (18) The term ``water use'' means a use, activity, or project 
conducted in or on waters within the coastal zone.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    Congress enacted the Coastal Zone Management Act (CZMA) to 
``preserve, protect, develop, and where possible, to restore or 
enhance the resources of the nation's coastal zone.''\1\
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    \1\16 USC 1452.
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    This law was passed to help with the management of the 
nation's coastal resources, including the Great Lakes. Yet, 
this bill blatantly ignores geography by adding the District of 
Columbia to the list of eligible ``coastal states'' eligible 
for funding under the Act. Anyone who has looked at a map can 
clearly see that D.C. is not coastal and it is not a state--
inconvenient facts that the Majority is all too happy to 
ignore. Adding non-coastal cities to the CZMA is a slippery 
slope. This bill justifies the addition because D.C. is 
bordered by the Potomac River, which through the Chesapeake Bay 
eventually connects to the Atlantic Ocean. Let us provide some 
perspective: the District of Columbia is 163 nautical miles 
from the Atlantic Ocean.\2\
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    \2\https://nauticalcharts.noaa.gov/publications/docs/distances.pdf.
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    Making the District of Columbia eligible under the CZMA 
opens the door to every city or any State within a river's 
watershed to be eligible for funding under CZMA. Should 
Midwestern States along the Mississippi or Missouri Rivers be 
eligible for CZMA? That is what this bill appears to say. The 
Coastal Zone Management Act was created by Congress to help 
coastal States and territories--it is not a national land use 
statute. This legislation ignores the narrow Congressional 
intent behind the program and for this reason, we oppose this 
legislation.

                                   Rob Bishop (UT).
                                   Jody B. Hice.
                                   Daniel Webster.
                                   Mike Johnson (LA).
                                   Kevin Hern (OK).

                                  [all]