II

★(Star Print)

104TH CONGRESS

1ST SESSION S. 810

To direct the Secretary of the Interior to remove from the Coastal Barrier

Resources System a tract of land in South Carolina that was added

to the System without notice to the county in which the tract is located,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 16 (legislative day, MAY 15), 1995

Mr. HOLLINGS (for himself and Mr. THURMOND) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

A BILL

To direct the Secretary of the Interior to remove from the

Coastal Barrier Resources System a tract of land in

South Carolina that was added to the System without

notice to the county in which the tract is located, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coastal Barrier

5 Resources System Fairness Act of 1995’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
2

S 810 IS1S

1 (1) the Coastal Barrier Resources System was

2 established in 1982 by the Coastal Barrier Re3 sources Act (16 U.S.C. 3501 et seq.);

4 (2) pursuant to the Act, a ban on the sale of

5 new Federal flood insurance for new construction or

6 substantial improvements of structures located on

7 units within the System became effective;

8 (3)(A) during 1984, the Coastal Barriers Study

9 Group, established by the Secretary of the Interior

10 for the purpose of preparing the report required

11 under section 10 of the Act (16 U.S.C. 3509), pre12 pared a draft inventory of coastal barriers along all

13 United States coastlines;

14 (B) on March 4, 1985, the draft inventory was

15 made available for public comment;

16 (C) on September 30, 1985, the public com17 ment period on the draft inventory was closed;

18 (D) on March 25, 1987, the Department of the

19 Interior made available a second draft inventory in

20 response to the public comments, which was mailed

21 to all affected Members of Congress, Governors,

22 counties, and special interests; and

23 (E) on June 23, 1987, the public comment pe24 riod on the second draft inventory was closed;
3

S 810 IS1S

1 (4) the final report to Congress referred to in

2 paragraph (3)(A) was completed and submitted to

3 Congress on December 16, 1988;

4 (5) this final report was the basis for the Coast5 al Barrier Improvement Act of 1990 (Public Law

6 101–591), which expanded the Coastal Barrier Re7 sources System;

8 (6)(A) portions of Edisto Island, South Caro9 lina, were annexed by Colleton County, South Caro10 lina, from Charleston County, South Carolina, on

11 March 17, 1987; and

12 (B) this annexed area is part of the Coastal

13 Barrier Resources System, unit M09;

14 (7) no Colleton County government official re15 ceived notification of the changes in unit M09 dur16 ing either the 1985 or 1987 draft inventories appar17 ently because notice regarding unit M09 pursuant to

18 the 1985 and 1987 draft inventories was provided to

19 Charleston County and not Colleton County;

20 (8) if notice had been received by Colleton

21 County, Colleton County would have participated in

22 the public comment period and worked to have a

23 portion of Edisto Island excluded from unit M09 of

24 the Coastal Barrier Resources System;
4

S 810 IS1S

1 (9) the absence of notice to Colleton County in

2 1985 and 1987 has been the cause of considerable

3 hardship to residents of Colleton County; and

4 (10) Congress should correct this injustice by

5 returning a portion of the area known as Jeremy

6 Cay at Eddingsville Beach Subdivision (formerly

7 known as West Cowpens), Edisto Island, Colleton

8 County, South Carolina, to the pre-1985 status of

9 the portion of the area.

10 SEC. 3. COASTAL BARRIER RESOURCES SYSTEM.

11 Section 4(a) of the Coastal Barrier Resources Act (16

12 U.S.C. 3503(a)) is amended by inserting before the period

13 at the end the following: ‘‘and section 4 of the Coastal

14 Barrier Resources System Fairness Act of 1995’’.

15 SEC. 4. CORRECTIONS TO MAPS.

16 (a) IN GENERAL.—Not later than 30 days after the

17 date of enactment of this Act, the Secretary of the Interior

18 shall make such corrections to the maps described in sub19 section (b) as are necessary to ensure that depictions of

20 areas on the maps are consistent with the depictions of

21 areas appearing on the maps entitled ‘‘Coastal Barrier Re22 sources System’’, dated March 30, 1995, and on file with

23 the Secretary of the Interior.

24 (b) MAPS DESCRIBED.—The maps described in this

25 subsection are maps that—
5

S 810 IS1S

1 (1) are included in a set of maps entitled

2 ‘‘Coastal Barrier Resources System’’, dated October

3 24, 1990; and

4 (2) relate to the unit of the Coastal Barrier Re5 sources System numbered M09.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

7 12 of the Coastal Barrier Resources Act (16 U.S.C. 3510)

8 is amended to read as follows:

9 ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There are authorized to be appropriated to the Sec11 retary such sums as are necessary to carry out this Act.’’.

Æ