[House Report 116-321]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-321
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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]