[House Report 113-633]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-633
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REPLACEMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM MAP FOR
UNITS IN NORTH CAROLINA
_______
December 1, 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
[To accompany H.R. 3572]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3572) to revise the boundaries of certain John
H. Chafee Coastal Barrier Resources System units in North
Carolina, 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 MAPS.
(a) In General.--The maps subtitled ``Lea Island Complex L07'';
``Wrightsville Beach Unit L08, Masonboro Island Unit L09''; and
``Masonboro Island Unit L09'', included in the set of maps entitled
``John H. Chafee 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 certain John H. Chafee Coastal Barrier Resources System
units in North Carolina, are hereby replaced by other maps relating to
the units entitled ``Lea Island Complex L07''; ``Wrightsville Beach
Unit L08, Masonboro Island Unit L09''; and ``Masonboro Island Unit
L09'', respectively, and dated March 12, 2014.
(b) Availability.--The Secretary of the Interior shall keep the
replacement maps 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. 3572 is to revise the boundaries of
certain John H. Chafee Coastal Barrier Resources System units
in North Carolina.
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. Despite
their vulnerability, these areas are attractive places to
locate private homes and resorts.
The John H. Chafee Coastal Barrier Resources System is made
up of coastal barrier units delineated on maps adopted by
Congress. 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 (CBRA) and was expanded
by the Coastal Barrier Improvement Act of 1990. It affects
properties along the Atlantic Ocean, Great Lakes and the Gulf
of Mexico. There are no designations along the Pacific Ocean.
The System was initially comprised of 186 units totaling
666 miles of shoreline and 452,834 acres of undeveloped,
unprotected coastal barriers on the Atlantic and Gulf of Mexico
coasts. 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. The entire
System including ``Otherwise Protected Areas'' has 856 units
and more than 3 million acres of fastland and associated
aquatic habitat. The System is administered by the U.S. Fish
and Wildlife Service of the Department of the Interior.
Inclusion of property in the System 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 ``Otherwise Protected Areas'' (OPAs)
comprising approximately 1.7 million acres. which include
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, unlike the System units, OPAs are
eligible for other federal financial assistance. 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 continues to uncover cases where OPA
boundaries do not coincide with the actual legal land
boundaries.
H.R. 3572 would revise the boundaries of Lea Island Complex
LO7, Wrightsville Beach Unit LO8, and Masonboro Island Unit LO9
in the Coastal Barrier Resources System in North Carolina. All
of these units were established by the Coastal Barrier
Resources Act of 1982. They are comprised of 712.4 acres of
fastland and 12,532.3 acres of aquatic habitat.
Under this legislation, new proposed maps that correctly
follow the shoreline and excludes areas that should not have
been placed in the System would be enacted. This would affect
70 acres of fastland, which was developed prior to designation
within the System, and 57 acres of aquatic habitat. This would
cause the removal of 32 structures from the System.
At the same time, it adopts the recommendations of the Fish
and Wildlife Service who has comprehensively examined these
three CBRA units as part of its ongoing Digital Mapping
Project. As a result, of their analysis, 73 acres of fastland
and 818 acres of aquatic habitat would be added to CBRS.
Therefore, the net effect of Congress implementing these new
maps will be the addition of 764 acres of fastland and aquatic
habitat to the System.
COMMITTEE ACTION
H.R. 3572 was introduced on November 21, 2013, by
Congressman Mike McIntyre (D-NC). 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 April 8, 2014, the Subcommittee on Fisheries,
Wildlife, Oceans, and Insular Affairs held a hearing on the
bill. On July 16, 2014, the 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
unanimous consent. The bill, as amended, was then adopted and
ordered favorably reported to the House of Representatives by
unanimous consent.
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. 3572--A bill to revise the boundaries of certain John H. Chafee
Coastal Barrier Resources System units in North Carolina
H.R. 3572 would update a map of the Coastal Barrier
Resources System (CBRS) near Wilmington, North Carolina. Based
on information from the U.S. Fish and Wildlife Service, CBO
estimates that implementing the legislation would have no
significant effect on the federal budget. Because H.R. 3572
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 CBRS maps for several units within
the system and, on net, add 764 acres of land to the CBRS. The
modified maps would exclude certain private acreage, which
would enable owners of about 30 structures to purchase federal
flood insurance. CBO estimates that, relative to current law,
enacting H.R. 3572 could increase premium collections of the
National Flood Insurance Fund by less than $100,000 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. 3572 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 contacts for this estimate are Jeff LaFave
and Daniel Hoople. 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. CBO estimates that
implementing the bill would have no significant effect on the
federal budget. According to CBO, relative to current law,
enacting H.R. 3572 could increase premium collections of the
National Flood Insurance Fund by less than $100,000 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.
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 revise the boundaries of certain
John H. Chafee Coastal Barrier Resources System units in North
Carolina.
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.