49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–618 

TO REVISE THE BOUNDARIES OF JOHN H. CHAFEE 

COASTAL BARRIER RESOURCES SYSTEM JEKYLL ISLAND UNIT GA–06P 

SEPTEMBER 6, 2006.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 138] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 138) to revise the boundaries of John H. Chafee Coastal Barrier Resources System Jekyll Island Unit GA–06P, 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 CERTAIN JOHN H. CHAFEE COASTAL BARRIER RESOURCES 

SYSTEM MAP. 

(a) IN GENERAL.—The map subtitled ‘‘GA–06P’’, relating to the John H. Chafee 

Coastal Barrier Resources System unit designated as Coastal Barrier Resources 

System Jekyll Island Unit GA–06P, that is included in the set of maps entitled 

‘‘John H. Chafee Coastal Barrier Resources System’’ and referred to in section 4(a) 

of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)), is hereby replaced by another map relating to the unit entitled ‘‘John H. Chafee Coastal Barrier Resources 

System Jekyll Island Unit GA–06P’’ and dated July 10, 2006. 

(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 

the provisions of section 4(b) of the Coastal Barrier Resources Act (16 U.S.C. 

3503(b)). 

PURPOSE OF THE BILL

The purpose of H.R. 138 is to revise the boundaries of John H. 

Chafee Coastal Barrier Resources System Jekyll Island Unit GA– 

06P. 


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BACKGROUND AND NEED FOR LEGISLATION

The John H. Chafee Coastal Barrier Resources System is made 

up of coastal barrier units which are 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 in the Coastal 

Barrier Improvement Act of 1990. The System is administered by 

the U.S. Fish and Wildlife Service of the Department of the Interior. Lands included within the System are not eligible for any federal development assistance, the most notable of which is federal 

flood insurance. 

The Coastal Barrier Resources 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 

and units cannot be added or deleted from the System unless Congress passes a law adopting revised maps. Today, the entire Coastal Barrier Resources System has 856 units and more than 3 million 

acres of fastland and associated aquatic habitat. 

The 1990 Coastal Barrier Improvement Act added an important 

new category of units to the System called ‘‘Otherwise Protected 

Areas’’ (OPAs). These include undeveloped conservation areas such 

as national wildlife refuges, national parks and seashores, State 

parks, military bases and conservation lands owned by private organizations. While OPAs remain eligible for a variety of federal financial assistance programs, they are ineligible for participation in 

the Federal Flood Insurance Program. The 1990 Act created 271 

OPAs, comprised of approximately 1,786,000 acres, which more 

than doubled the amount of undeveloped coastal barrier lands covered under CBRA. When OPAs were included in the System, they 

were delineated with rudimentary mapping tools based upon preexisting boundary data. As a result of technological advancements 

in geographic information systems, databases and digital mapping 

techniques, many OPA boundaries have been shown to have embedded flaws and inaccuracies. 

Jekyll Island, which is owned by the State of Georgia and managed by the Jekyll Island Authority, was largely developed in the 

1960s and 1970s prior to its inclusion within the System as an 

‘‘otherwise protected area’’. There are approximately 867 structures 

on Jekyll Island that are inhabited or operated by private individuals who signed 99-year lease agreements with the State that expire in 2049. The State owns the land and the private individuals 

own the structures. Under current State law, no more than 35 percent of the land on the island can be developed. Unlike most ‘‘otherwise protected areas’’, the island is not managed solely for conservation or recreation and the facts in this case are somewhat 

unique. In the past few years, homeowners on Jekyll Island have 

attempted to remodel and rebuild their homes but have been advised that they would not be eligible for federal flood insurance. 

H.R. 138 would adopt a revised map for Jekyll Island (GA–06P) 

that would remove from the Coastal Barrier Resources System the 

developed property and approximately 100 acres of undeveloped 


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land, which represents about 35 percent of the Island. This would 

ensure that homeowners and commercial developers can participate 

in the Federal Flood Insurance Program in the future. This bill 

does not affect the State’s limitation on further development. In 

summary, the bill would remove about 1,282 acres of fastland but 

would add 1,157 acres of fastland, wetlands and open water which 

satisfy the requirements for inclusion within the System. The net 

result of this legislation is the removal of 125 acres of land from 

the Coastal Barrier Resources System from a unit that should not 

have been created since it was neither undeveloped nor held for 

conservation purposes. 

COMMITTEE ACTION

H.R. 138 was introduced on January 4, 2005, by Congressman 

Jack Kingston (R–GA). The bill was referred to the Committee on 

Resources, and within the Committee to the Subcommittee on Fisheries and Oceans. On April 6, 2006, the Subcommittee held a hearing on the bill. On July 19, 2006, the Full Resources Committee 

met to consider the bill. The Subcommittee on Fisheries and 

Oceans was discharged from further consideration of the bill by 

unanimous consent. Chairman Richard Pombo (R–CA) offered an 

amendment in the nature of a substitute that identified that the 

proper map reference for these changes is entitled ‘‘John H. Chafee 

Coastal Barrier Resources System Jekyll Island Unit GA–06P’’ and 

dated July 10, 2006. The amendment was adopted by unanimous 

consent. The bill, as amended, was then 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 Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8, clause 3 of the Constitution of the United 

States grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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. 

2. 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, credit authority, or an increase 

or decrease in revenues or tax expenditures. According to the Congressional Budget Office, enactment of this bill would affect direct 

spending, but any net change in spending would be ‘‘negligible.’’


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3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. 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: 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 138—A bill to revise the boundaries of John H. Chafee Coastal 

Barrier Resources System Jekyll Island Unit GA–06P 

H.R. 138 would revise the Coastal Barrier Resources System 

(CBRS) map of Jekyll Island, Georgia. CBO estimates that enacting H.R. 138 would have no significant impact on the federal budget. The bill could affect direct spending, but we expect that any net 

change would be negligible. Enacting the bill would not affect revenues. 

H.R. 138 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act; the bill 

would benefit the Jekyll Island Authority of Georgia. 

The bill would modify the CBRS map of Jekyll Island Unit to exclude 1,282 acres of developed and undeveloped lands and to include 1,157 acres of wetlands and open water areas. By excluding 

the specified acreage, the bill would enable residents and private 

developers to initiate new development and improve existing structures, such as homes, while maintaining eligibility for federal flood 

insurance. Under current law, all lands and existing structures in 

the CBRS can only maintain flood insurance if they remain unchanged. 

Under the bill, CBO expects that at least 100 additional acres of 

land would be eligible for flood insurance, and annual premium collections would total less than $500,000 a year. Any collections 

would be partially offset each year by new mandatory spending for 

underwriting and administrative expenses. In addition, premium 

collections might be offset in some years by new flood insurance 

claims. 

The CBO staff contacts for this estimate are Deborah Reis and 

Leigh Angres. This estimate was approved by Peter H. Fontaine, 

Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

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. 

Æ 


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