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[House Report 113-703]
[From the U.S. Government Publishing Office]

113th Congress     }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                   {       113-703
======================================================================
 
   REPLACEMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM MAP

                                _______
                                

 December 22, 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

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 5139]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5139) to correct the boundaries of the John H. 
Chafee Coastal Barrier Resources System Unit P16, 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 MAP.

  (a) In General.--The map included in the set of maps entitled 
``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 Unit 
P16 in Florida is hereby replaced by another map relating to the same 
unit entitled ``John H. Chafee Coastal Barrier Resources System 
Corrected Unit P16'' and dated October 30, 2014.
  (b) Availability.--The Secretary of the Interior shall keep the 
replacement map 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. 5139 is to correct the boundaries of 
the John H. Chafee Coastal Barrier Resources System Unit P16.

                  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. However, 
despite their vulnerability, these areas are attractive places 
to locate private homes and resorts.
    The John H. Chafee Coastal Barrier Resources System (CBRS) 
is comprised of coastal barrier units delineated on maps 
adopted by Congress. 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. 
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 and was expanded by the Coastal Barrier 
Improvement Act of 1990. The entire Coastal Barrier Resources 
System, including ``Otherwise Protected Areas'' (OPAs) has 856 
units and more than 3 million acres of fastland and associated 
aquatic habitat.
    Inclusion of property in the CBRS 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 OPAs comprising approximately 1.7 million 
acres which includes 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, 
OPAs are eligible for other federal financial assistance, 
unlike System units. 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 (FWS) 
continues to uncover cases where OPA boundaries do not coincide 
with the actual legal land boundaries.
    This legislation would affect fastland that was added to 
System Unit P-16, Keewaydin Island, with the adoption of the 
Coastal Barrier Improvement Act of 1990. This measure would 
remove 43.61 acres of private land on Marco Island and 17 acres 
of private land on the Isles of Capri. All of this property is 
within Collier County, Florida. The Unit would retain 14,984 
acres of aquatic habitat, 1,115 acres of fastland and 40.31 
acres of conservation land owned by the State of Florida.
    Based on research by the property owners, the required 
infrastructure that made land ineligible for inclusion in the 
System codified in the Coastal Barrier Resources 
Reauthorization Act of 2000 was in place prior to 1990. 
Specifically, the number of condominium owners on Marco Island 
affected by this measure is 315, of which 110 are not eligible 
for the National Flood Insurance Program and 205 were 
``grandfathered'' under the program. At the time of inclusion 
within the System, four of the six condominium buildings had 
been built and the last two were completed in 1995 and 1996. A 
full complement of infrastructure including paved roads, 
electricity, sewer, and water was present as of December 1988.
    In terms of the Isle of Capri, 190 condominium owners are 
impacted including 54 that are not eligible for participation 
in the Federal Flood Insurance Program. In this case, six of 
the seven condominium buildings were completed prior to 1990. 
The first building was completed in 1986. The seventh building 
was partially constructed, the developer went bankrupt and the 
condo was totally rebuilt in 2000. Again, the full complement 
of infrastructure was present by June 1985.
    During the hearing on this legislation, it became clear 
that there is no dispute that these condominium owners were 
mistakenly incorporated within the CBRS. This bill is necessary 
to correct the mapping errors because FWS lacks the statutory 
authority to administratively fix the problem.

                            COMMITTEE ACTION

    H.R. 5139 was introduced on July 17, 2014, by Congressman 
Curt Clawson (R-FL). 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 
September 18, 2014, the Full 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 voice vote. No 
further amendments were offered, and the bill, as amended, was 
then adopted and ordered favorably reported to the House of 
Representatives by voice vote.

            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. 5139--A bill to correct the boundaries of the John H. Chafee 
        Coastal Barrier Resources System Unit P16

    H.R. 5139 would update a map for a portion of the Coastal 
Barrier Resources System (CBRS) located in Florida. Based on 
information provided by the U.S. Fish and Wildlife Service 
(USFWS), CBO estimates that implementing the legislation would 
have no significant effect on the federal budget.
    Because H.R. 5139 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 the CBRS map for a unit within the 
system and remove certain land from the CBRS. The amount of 
lands that would be removed from the CBRS under the bill is 
uncertain because the USFWS has not completed the revised map. 
However, based on information from the agency, CBO expects that 
the new map would exclude lands containing between 20 and 50 
structures, which would enable owners of those structures to 
purchase federal flood insurance. CBO estimates that, relative 
to current law, enacting H.R. 5139 could increase premium 
collections of the National Flood Insurance Fund by less than 
$150,000 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. 5139 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 contact for this estimate is Jeff LaFave. 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. 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. Enactment of the bill 
could affect direct spending but the net effect would be 
negligible over the 2015-2024 time 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 correct the boundaries of the John 
H. Chafee Coastal Barrier Resources System Unit P16.

                           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.

                            DISSENTING VIEWS

H.R. 5139--TO REMOVE FROM THE JOHN H. CHAFEE COASTAL BARRIER RESOURCES 
       SYSTEM (CBRS) AREAS INCLUDED IN FLORIDA SYSTEM UNIT P-16.

    Originally passed in 1982, the Coastal Barrier Resources 
Act (CoBRA) has long enjoyed broad bipartisan support because, 
in the words of President Ronald Reagan, it ``enhances both 
natural resources conservation and fiscal responsibility.'' The 
Act created the Coastal Barrier Resources System (CBRS), and 
required the U.S. Fish and Wildlife Service to recommend for 
inclusion in the system land that was at high risk of flooding, 
erosion, and impacts from coastal storms. The law makes 
property in the CBRS ineligible for Federal Government 
subsidies like flood insurance and transportation grants, 
because Congress realized that repeated bailouts of people and 
communities that make risky development decisions was wasting 
tax dollars.
    H.R. 5139 would replace an existing Coastal Barrier 
Resources System (CBRS) map with a new map which, among other 
things, carves out several parcels of land in Florida that have 
homes on them. But for CoBRA to be effective in protecting both 
shorelines and taxpayers, the maps that are the basis of the 
law must be drawn accurately to show which properties should be 
eligible for Federal subsidies. The Fish and Wildlife Service 
is currently drafting a map for the CBRS unit addressed in H.R. 
5139, but will not finalize the map until early next year. FWS 
has concerns about the possibility of codifying inaccurate CBRS 
boundaries and would prefer to wait until it has remapped the 
unit through the appropriate process. The bill references a map 
dated October 30, 2014. However, FWS does not expect to have a 
final recommended map until the spring of 2015. Therefore this 
legislation would short-circuit the standard process for 
development of maps that maximize coastal resiliency and 
taxpayer protection.
    Given the reality of sea level rise driven by human-induced 
climate change, we cannot afford to get these maps wrong. It is 
far more responsible to wait until the final recommended maps 
are complete before legislating. For this reason we oppose H.R. 
5139.

                                   Peter DeFazio,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Gregorio Kilili Camacho Sablan,
                                           Ranking Member, Subcommittee 
                                               on Fisheries, Wildlife, 
                                               Oceans and Insular 
                                               Affairs.
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