19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–579 

REVISION OF BOUNDARIES OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM UNITS IN RHODE ISLAND 

JULY 9, 2012.—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. 2027] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2027) to revise the boundaries of John H. Chafee Coastal 

Barrier Resources System Sachuest Point Unit RI–04P, Easton 

Beach Unit RI–05P, Almy Pond Unit RI–06, and Hazards Beach 

Unit RI–07 in Rhode Island, having considered the same, report favorably thereon without amendment and recommend that the bill 

do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 2027 is to revise the boundaries of John H. 

Chafee Coastal Barrier Resources System Sachuest Point Unit RI– 

04P, Easton Beach Unit RI–05P, Almy Pond Unit RI–06, and Hazards Beach Unit RI–07 in Rhode Island. 

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, tombolos, 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, 


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these areas are attractive places to build private homes and resorts. 

The John H. Chafee Coastal Barrier Resources System (CBRS) is 

made up 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. The coastal barrier units consist of undeveloped sections of coastal barrier islands 

and the associated aquatic habitat which lies behind these barriers. 

The CBRS was created by the Coastal Barrier Resources Act 

(CBRA, Public Law 97–348) and expanded by the Coastal Barrier 

Improvement Act of 1990 (Public Law 101–591). The law is administered by the U.S. Fish and Wildlife Service (FWS) of the Department of the Interior. 

Inclusion of property in 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 

financial assistance to develop the property. For example, after October 1, 1983, no new federal flood insurance can be issued for 

properties in CBRS. For those homeowners who were issued flood 

insurance policies before the deadline, the policies 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 

is substantially expanded or replaced with more intensive development, insurance coverage is lost. 

In addition to the federal flood insurance limitation, CBRA prohibits most new federal financial assistance, if those expenditures 

encourage development. This would include funds for certain types 

of disaster relief, community block grants, Federal Home Administration housing loans, water systems and wastewater treatment 

grants, flood control and beach erosion projects, and highway construction projects. 

There are also 271 ‘‘Otherwise Protected Areas’’ (OPAs) included 

in the CBRS comprising approximately 1.7 million acres. These 

areas include national wildlife refuge lands, national parks and 

seashores, state parks, military bases and conservation lands 

owned by private organizations. These units were incorporated 

within the CBRS with the enactment of the Coastal Barrier Improvement Act of 1990. While federal flood insurance is not available within these areas, OPAs are eligible for other federal financial assistance. 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, OPA boundaries have been shown to have embedded 

inaccuracies. FWS continues to uncover cases where OPA boundaries do not coincide with the actual legal land boundaries. 

The entire CBRS, including OPAs, has 856 units and more than 

3 million acres of fastland and associated aquatic habitat along the 

Atlantic Ocean, the Gulf of Mexico, and the Great Lakes. Since its 

enactment almost thirty years ago, CBRS has saved taxpayers at 

least $1.3 billion. 


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H.R. 2027 would revise four CBRS units in Rhode Island. Two 

of the units were created by the original implementing legislation 

in 1982 and the other two units are OPAs. FWS was initially contacted in 2004 regarding the cancellation of federal flood insurance 

for a homeowner who had property in the Easton Beach OPA (RI– 

05P). As a result of its investigation, FWS ruled that the private 

property should not have been incorporated within this OPA. In addition, FWS conducted a comprehensive review of several Rhode Island maps and found a number of mistakes involving private property owners. 

Since FWS lacks statutory authority to correct mapping errors, 

this legislation will remove the Easton Beach homeowner from the 

system and make a number of other modifications. In total, the legislation removes 20 acres of privately owned fastland and 2 acres 

of associated aquatic habitat from CBRS. At the same time, the 

measure adds 34 acres of fastland and 33 acres of aquatic habitat 

to the system. These lands include boundary changes to the Norman Bird Sanctuary and several local public beaches. The net effect of these changes is that 45 new acres will be added to CBRS. 

There is no cost to the taxpayers for these changes and potentially 

some savings in the future. 

COMMITTEE ACTION

H.R. 2027 was introduced on May 26, 2011, by Congressman 

David Cicilline (D–RI). 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 October 25, 

2011, the Subcommittee held a hearing on the bill. On November 

17, 2011, the Full Natural Resources Committee met to consider 

the bill. The Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs was discharged by unanimous consent. No amendments were offered, and the bill was 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: 


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H.R. 2027—A bill to revise the boundaries of the John H. Chafee 

Coastal Barrier Resources System Sachuest Point Unit RI–04P, 

Easton Beach Unit RI–05P, Almy Pond Unit M–06, and Hazards Beach Unit M–07 in Rhode Island 

H.R. 2027 would update a map of the Coastal Barrier Resources 

System (CBRS) near Newport, Rhode Island. Based on information 

from the U.S. Fish and Wildlife Service, CBO estimates that implementing the legislation would have no significant impact on the 

federal budget. H.R. 2027 could affect direct spending; therefore, 

pay-as-you-go procedures apply. However, we estimate that any net 

change in direct spending would be negligible over the 2012–2021 

period. Enacting the bill would not affect revenues. 

The bill would revise CBRS maps for several units within the 

system and, on net, add 45 acres of land to the CBRS. The modified 

maps would exclude certain private acreage, which would enable 

owners of several structures to purchase federal flood insurance. 

CBO estimates that, relative to current law, implementing H.R. 

2027 could increase premium collections of the National Flood Insurance Fund by less than $50,000 annually. Such collections 

would be offset by new mandatory spending for underwriting and 

administrative expenses and new flood insurance claims over the 

2012–2021 period. 

H.R. 2027 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, credit authority, or an increase or decrease in revenues or tax expenditures. 

H.R. 2027 could affect direct spending; therefore, pay-as-you-go 

procedures apply. However, CBO estimates that any net change in 

direct spending would be negligible over the 2012–2021 period. 

CBO estimates that, relative to current law, implementing H.R. 

2027 could increase premium collections of the National Flood Insurance Fund by less than $50,000 annually. Such collections 

would be offset by new mandatory spending for underwriting and 

administrative expenses and new flood insurance claims over the 

2012–2021 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 John H. Chafee Coastal 

Barrier Resources System Sachuest Point Unit RI–04P, Easton 

Beach Unit RI–05P, Almy Pond Unit RI–06, and Hazards Beach 

Unit RI–07 in Rhode Island. 

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. 


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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. 


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APPENDIX I: MAP 


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Æ 


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