[House Report 118-421]
[From the U.S. Government Publishing Office]


118th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES 
 2d Session       }                                      {     118-421

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



 
 TO AMEND THE COASTAL BARRIER RESOURCES ACT TO CREATE AN EXEMPTION FOR 
                     CERTAIN SHORELINE BORROW SITES

                                _______
                                

 March 12, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 524]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 524) to amend the Coastal Barrier Resources Act 
to create an exemption for certain shoreline borrow sites, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. FEDERAL COASTAL STORM RISK MANAGEMENT PROJECTS.

  Section 6(a) of the Coastal Barrier Resources Act (16 U.S.C. 3505(a)) 
is amended by adding at the end the following:
          ``(7) Use of a sand source within a System unit by Federal 
        coastal storm risk management projects or their predecessor 
        projects that have used a system unit for sand to nourish 
        adjacent beaches outside the System pursuant to section 5 of 
        the Act of August 18, 1941 (commonly known as the `Flood 
        Control Act of 1941') (55 Stat. 650, chapter 377; 33 U.S.C. 
        701n) at least once between December 31, 2008 and December 31, 
        2023 in response to an emergency situation prior to December 
        31, 2023.''.

                       Purpose of the Legislation

    The purpose of H.R. 524 is to amend the Coastal Barrier 
Resources Act to create an exemption for certain shoreline 
borrow sites.

                  Background and Need for Legislation

    Enacted in 1982, the Coastal Barrier Resources Act (CBRA) 
established the John H. Chafee Coastal Barrier Resources System 
(System), which is made up of undeveloped coastal barriers and 
other areas of the eastern seaboard and the Gulf of Mexico.\1\ 
Section 5 of CBRA restricts the use of new federal funding that 
may encourage development inside the system.\2\ The intention 
of these restrictions is to ``minimize the loss of human life, 
wasteful expenditure of federal revenues, and the damage to 
fish, wildlife, and other natural resources associated with the 
coastal barriers.''\3\
---------------------------------------------------------------------------
    \1\Pub. L. No. 97-348, Sec. 3, Oct. 18, 1982, 96 Stat. 1653.
    \2\Id.
    \3\Id.
---------------------------------------------------------------------------
    Section 6 of CBRA allows for certain exemptions to federal 
funding restrictions in CBRA, including for non-structural 
shoreline stabilization projects that are designed to mimic, 
enhance, or restore a natural stabilization system.\4\ Many 
coastal communities around the country use this exemption to 
renourish their beaches on a regular basis in order to mitigate 
the effects of beach erosion. However, due to a 2021 
litigation-driven rulemaking decision by the Biden 
Administration, the exemption under Section 6 must be read in 
connection with the prohibition of expenditures of any kind 
within the system under Section 5 of CBRA.\5\ This means that 
federal beach renourishment projects cannot use sand from 
within the system unless they are granted an emergency 
exemption.
---------------------------------------------------------------------------
    \4\Id. Sec. 6(a)(6)(G).
    \5\``Memorandum: Coastal Barrier Resources Act.'' Sarah Krakoff. 
U.S. Department of the Interior. 7/14/2021. 20210714-CBRA-
Nonstructural-Shoreline-Stabilization-Legal-Memo.pdf (fws.gov).
---------------------------------------------------------------------------
    This interpretation of the exemption under Section 6 of 
CBRA has left several coastal communities without an adequate 
site to harvest sand for vital beach renourishment projects. In 
some cases, these communities have been using the same System 
areas for sand for decades. One of these communities is 
Wrightsville Beach, North Carolina, which has used sand from 
the Masonboro Inlet (inside the System) to renourish its beach 
since the 1960s. Their latest renourishment project was 
scheduled to take place in 2022. However, due to the 2021 
interpretation of CBRA, the project was delayed.
    Without the use of Masonboro Inlet, the town was forced to 
locate an alternate site. A site was located 2.5 miles 
offshore, but after surveying the site, the Corps found over 
300,000 tires in the sand bed.\6\ These tires came from an 
artificial reef created by the North Carolina Department of 
Environmental Quality's Division of Marine Fisheries. The 
presence of the tires delayed the renourishment project because 
of the need for additional surveying and environmental 
compliance. A few months after the Committee held a hearing on 
H.R. 524, the town was given an emergency exemption to use 
Masonboro Inlet an additional time to renourish their beach. 
That project will begin in January 2024.\7\ H.R. 524 would 
permanently allow the town to use Masonboro Inlet for beach 
renourishment going forward.
---------------------------------------------------------------------------
    \6\Id.
    \7\``As storm brew in the tropics, Wrightsville Beach nervously 
waits for its beach renourishment.'' Gareth McGrath. Star News Online. 
9/25/2023. Wrightsville Beach nourishment project approved after two 
year delay (starnewsonline.com).
---------------------------------------------------------------------------
    According to technical assistance received from the U.S. 
Army Corps of Engineers, the authorities provided in H.R. 524, 
as amended, would apply in Carolina Beach, North Carolina; 
Folly Beach, South Carolina; Stone Harbor, New Jersey, and 
Saint Augustine, Florida.

                            Committee Action

    H.R. 524 was introduced on January 25, 2023, by Rep. David 
Rouzer (R-NC). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Wildlife and Fisheries. On May 10, 2023, the 
Subcommittee on Water, Wildlife and Fisheries held a hearing on 
the bill. On November 15, 2023, the Committee on Natural 
Resources met to consider the bill. The Subcommittee on Water, 
Wildlife and Fisheries was discharged from further 
consideration of H.R. 524 by unanimous consent. Chairman Bruce 
Westerman (R-AR) offered an amendment in the nature of a 
substitute designated Westerman_066 ANS. Representative Jared 
Huffman (D-CA) offered an amendment to the amendment in the 
nature of a substitute designated Huffman #1--revised 2. The 
amendment to the amendment in the nature of a substitute was 
adopted by unanimous consent. The amendment in the nature of a 
substitute, as amended, was adopted by unanimous consent. The 
bill, as amended, was ordered favorably reported to the House 
of Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Wildlife and Fisheries 
held on May 10, 2023.

                      Section-by-Section Analysis


Section 1. Federal coastal storm risk management projects

    Amends the Coastal Barrier Resources Act (16 U.S.C. 3505) 
by clarifying that restrictions on federal funding do not apply 
to federal funds obligated for the utilization of a sand source 
within a System unit by Federal coastal storm risk management 
projects or their predecessor projects if the source has been 
used at least once between December 31, 2008, and December 31, 
2023, in response to an emergency situation prior to December 
31, 2023.

            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:

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 524 would amend the Coastal Barrier Reef Act to 
establish an exception allowing federal financial assistance 
for certain projects that remove and transport sand from the 
Coastal Barrier Resource System (CBRS). The exception would 
apply only to coastal areas that have previously received sand 
from the CBRS for coastal storm risk management. Under current 
law, most projects are prohibited from using sand from the CBRS 
because the U.S. Fish and Wildlife Service (USFWS) identifies 
those coastal areas as protected to preserve fish and wildlife 
habitats and prevent loss of life or property.
    In 2021, USFWS updated its guidance to prohibit removing 
sand from the CBRS for restoration activities outside of that 
system. After that guidance was updated, the Army Corps of 
Engineers conducted such beach restoration projects either 
through emergency exceptions to remove sand from the CBRS or by 
identifying alternative sources of sand.
    Using information from the Corps, CBO expects that 
implementing the bill would not have a significant effect on 
the resources needed for or the timing of ongoing projects. As 
a result, CBO estimates that implementing the bill would not 
have a significant cost; any spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. 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 amend the Coastal Barrier 
Resources Act to create an exemption for certain shoreline 
borrow sites.

                           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

    According to the Congressional Budget Office, H.R. 524 
contains no unfunded mandates as defined in the Unfunded 
Mandates Reform Act.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    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.

                  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 italics and existing law in which no change is 
proposed is shown in roman):

                     COASTAL BARRIER RESOURCES ACT



           *       *       *       *       *       *       *
SEC. 6. EXCEPTIONS TO LIMITATIONS ON EXPENDITURES.

  (a) In General.--Notwithstanding section 5, the appropriate 
Federal officer, after consultation with the Secretary, may 
make Federal expenditures and may make financial assistance 
available within the System for the following:
          (1) Any use or facility necessary for the 
        exploration, extraction, or transportation of energy 
        resources which can be carried out only on, in, or 
        adjacent to a coastal water area because the use or 
        facility requires access to the coastal water body.
          (2) The maintenance or construction of improvements 
        of existing Federal navigation channels (including the 
        Intracoastal Waterway) and related structures (such as 
        jetties), including the disposal of dredge materials 
        related to such maintenance or construction.
          (3) The maintenance, replacement, reconstruction, or 
        repair, but not the expansion, of publicly owned or 
        publicly operated roads, structures, or facilities that 
        are essential links in a larger network or system.
          (4) Military activities essential to national 
        security.
          (5) The construction, operation, maintenance, and 
        rehabilitation of Coast Guard facilities and access 
        thereto.
          (6) Any of the following actions or projects, if a 
        particular expenditure or the making available of 
        particular assistance for the action or project is 
        consistent with the purposes of this Act:
                  (A) Projects for the study, management, 
                protection, and enhancement of fish and 
                wildlife resources and habitats, including 
                acquisition of fish and wildlife habitats and 
                related lands, stabilization projects for fish 
                and wildlife habitats, and recreational 
                projects.
                  (B) Establishment, operation, and maintenance 
                of air and water navigation aids and devices, 
                and for access thereto.
                  (C) Projects under chapter 2003 of title 54, 
                UnitedStates Code, and the Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1451 et 
                seq.).
                  (D) Scientific research, including 
                aeronautical, atmospheric, space, geologic, 
                marine, fish and wildlife, and other research, 
                development, and applications.
                  (E) Assistance for emergency actions 
                essential to the saving of lives and the 
                protection of property and the public health 
                and safety, if such actions are performed 
                pursuant to sections 402, 403, and 502 of the 
                Disaster Relief and Emergency Assistance Act 
                and section 1362 of the National Flood 
                Insurance Act of 1968 (42 U.S.C. 4103) and are 
                limited to actions that are necessary to 
                alleviate the emergency.
                  (F) Maintenance, replacement, reconstruction, 
                or repair, but not the expansion (except with 
                respect to United States route 1 in the Florida 
                Keys), of publicly owned or publicly operated 
                roads, structures, and facilities.
                  (G) Nonstructural projects for shoreline 
                stabilization that are designed to mimic, 
                enhance, or restore a natural stabilization 
                system.
          (7) Use of a sand source within a System unit by 
        Federal coastal storm risk management projects or their 
        predecessor projects that have used a system unit for 
        sand to nourish adjacent beaches outside the System 
        pursuant to section 5 of the Act of August 18, 1941 
        (commonly known as the ``Flood Control Act of 1941'') 
        (55 Stat. 650, chapter 377; 33 U.S.C. 701n) at least 
        once between December 31, 2008 and December 31, 2023 in 
        response to an emergency situation prior to December 
        31, 2023.
  (b) Existing Federal Navigation Channels.--For purposes of 
subsection (a)(2), a Federal navigation channel or a related 
structure is an existing channel or structure, respectively, if 
it was authorized before the date on which the relevant System 
unit or portion of the System unit was included within the 
System.
  (c) Expansion of Highways in Michigan.--The limitations on 
the use of Federal expenditures or financial assistance within 
the System under subsection (a)(3) shall not apply to a 
highway--
          (1) located in a unit of the System in Michigan; and
          (2) in existence on the date of the enactment of the 
        Coastal Barrier Improvement Act of 1990.
  (d) Services and Facilities Outside System.--
          (1) In general.--Except as provided in paragraphs (2) 
        and (3) of this subsection, limitations on the use of 
        Federal expenditures or financial assistance within the 
        System under section 5 shall not apply to expenditures 
        or assistance provided for services or facilities and 
        related infrastructure located outside the boundaries 
        of unit T-11 of the System (as depicted on the maps 
        referred to in section 4(a)) which relate to an 
        activity within that unit.
          (2) Prohibition of flood insurance coverage.--No new 
        flood insurance coverage may be provided under the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
        seq.) for any new construction or substantial 
        improvements relating to services or facilities and 
        related infrastructure located outside the boundaries 
        of unit T-11 of the System that facilitate an activity 
        within that unit that is not consistent with the 
        purposes of this Act.
          (3) Prohibition of hud assistance.--
                  (A) In general.--No financial assistance for 
                acquisition, construction, or improvement 
                purposes may be provided under any program 
                administered by the Secretary of Housing and 
                Urban Development for any services or 
                facilities and related infrastructure located 
                outside the boundaries of unit T-11 of the 
                System that facilitate an activity within that 
                unit that is not consistent with the purposes 
                of this Act.
                  (B) Definition of financial assistance.--For 
                purposes of this paragraph, the term 
                '`financial assistance'' includes any contract, 
                loan, grant, cooperative agreement, or other 
                form of assistance, including the insurance or 
                guarantee of a loan, mortgage, or pool of 
                mortgages.

           *       *       *       *       *       *       *


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