49–006 

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. 


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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 


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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 carVerDate Sep 11 2014 02:05 Jan 07, 2015 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR703.XXX HR703

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rying 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. 


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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. 


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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. 


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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. 

Æ 


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