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Union Calendar No. 124

106TH CONGRESS

1ST SESSION H. R. 1431

[Report No. 106–218]

To reauthorize and amend the Coastal Barrier Resources Act.

IN THE HOUSE OF REPRESENTATIVES

APRIL 15, 1999

Mr. SAXTON introduced the following bill; which was referred to the

Committee on Resources

JULY 1, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on April 15, 1999]

A BILL

To reauthorize and amend the Coastal Barrier Resources

Act.

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 Re5 sources Reauthorization Act of 1999’’.
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1 SEC. 2. ADDITIONS TO COASTAL BARRIER RESOURCES SYS2 TEM.

3 (a) VOLUNTARY ADDITIONS.—Section 4 of the Coastal

4 Barrier Resources Act (16 U.S.C. 3503) is amended by add5 ing at the end the following:

6 ‘‘(d) VOLUNTARY ADDITIONS TO SYSTEM.—The Sec7 retary may add any parcel of real property to the System,

8 if—

9 ‘‘(1) the owner of the parcel requests that the

10 Secretary add the parcel to the System; and

11 ‘‘(2) the parcel is a depositional geologic feature

12 described in section 3(1)(A).’’.

13 (b) TECHNICAL AMENDMENTS RELATING TO ADDI14 TIONS OF EXCESS PROPERTY.—

15 (1) IN GENERAL.—Section 4(d) of the Coastal

16 Barrier Improvement Act of 1990 (16 U.S.C. 3503

17 note)—

18 (A) is redesignated and moved so as to ap19 pear as subsection (e) of section 4 of the Coastal

20 Barrier Resources Act (16 U.S.C. 3503); and

21 (B) is amended—

22 (i) in paragraph (1) by striking ‘‘one

23 hundred and eighty’’ and inserting ‘‘180’’;

24 (ii) in paragraph (2) by striking ‘‘sub25 section (d)(1)’’ and inserting ‘‘paragraph

26 (1)’’; and
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1 (iii) by striking paragraph (3).

2 (2) CONFORMING AMENDMENT.—Section 4(f) of

3 the Coastal Barrier Improvement Act of 1990 (16

4 U.S.C. 3503 note) is repealed.

5 (c) NOTICE REGARDING ADDITIONS TO SYSTEM.—Sec6 tion 4 of the Coastal Barrier Resources Act (16 U.S.C.

7 3503) is further amended by adding at the end the fol8 lowing:

9 ‘‘(f) NOTICE REGARDING ADDITIONS TO SYSTEM.—

10 The Secretary shall—

11 ‘‘(1) publish in the Federal Register a notice of

12 any addition of property to the System under this

13 section, including notice of the availability of a map

14 showing the location of the property;

15 ‘‘(2) provide a copy of that map to the State and

16 local government in which the property is located and

17 the Committee on Resources of the House of Rep18 resentatives; and

19 ‘‘(3) revise the maps referred to in subsection (a)

20 to reflect the addition of the property to the System.’’.

21 (d) CONFORMING AMENDMENT.—Subsection (a) of sec22 tion 4 of the Coastal Barrier Resources Act (16 U.S.C.

23 3503(a)) is amended by striking ‘‘, which shall consist of’’

24 and all that follows through the end of that subsection and

25 inserting the following: ‘‘, that—
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1 ‘‘(1) shall consist of those undeveloped coastal

2 barriers and other areas located on the coasts of the

3 United States that are identified and generally de4 picted on the set of maps on file with the Secretary

5 entitled ‘Coastal Barrier Resources System’, dated Oc6 tober 24, 1990, as such maps may be modified, re7 vised, corrected, or replaced under subsection (c), (d),

8 or (e) of this section, or any other provision of law

9 enacted on or after November 2, 1990, that specifi10 cally authorizes the modification, revision, correction,

11 or replacement; and

12 ‘‘(2) includes areas added to the System in ac13 cordance with subsections (d) or (e).’’.

14 SEC. 3. CLERICAL AMENDMENTS.

15 (a) COASTAL BARRIER RESOURCES ACT.—The Coastal

16 Barrier Resources Act (16 U.S.C. 3501 et seq.) is

17 amended—

18 (1) in section 3(3) (16 U.S.C. 3502(3)), in the

19 matter following subparagraph (D), by striking ‘‘Ef20 fective October 1, 1983, such’’ and inserting ‘‘Such’’;

21 and

22 (2) by repealing sections 10 and 11 (16 U.S.C.

23 3509, 97 Stat. 1658).
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1 (b) COASTAL BARRIER IMPROVEMENT ACT OF 1990.—

2 Section 8 of the Coastal Barrier Improvement Act of 1990

3 (16 U.S.C. 3503 note) is repealed.

4 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

5 Section 12 of the Coastal Barrier Resources Act (16

6 U.S.C. 3510) is redesignated as section 10 and amended

7 to read as follows:

8 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘There are authorized to be appropriated to the Sec10 retary to carry out this Act $1,000,000 for each of fiscal

11 years 2000, 2001, 2002, 2003, and 2004.’’.

12 SEC. 5. DIGITAL MAPPING PILOT PROJECT.

13 (a) REQUIREMENT TO UNDERTAKE PROJECT.—

14 (1) IN GENERAL.—The Secretary of the Interior,

15 in consultation with the Director of the Federal

16 Emergency Management Agency, shall undertake a

17 pilot project to determine the feasibility and cost of

18 creating digital versions of the Coastal Barrier Re19 sources System maps referred to in section 4(a)(1) of

20 the Coastal Barrier Resources Act, as amended by

21 this Act. The pilot project shall include the creation

22 of digital maps for at least 5 units of the System.

23 (2) USE OF EXISTING DATA.—(A) To the extent

24 practicable, in completing the pilot project under this

25 subsection, the Secretary shall use existing digital
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1 spatial data including digital orthophotos; shoreline,

2 elevation, and bathymetric data; and electronic navi3 gational charts in the possession of other Federal

4 agencies, including the United States Geological Sur5 vey and the National Oceanic and Atmospheric Ad6 ministration.

7 (B) The head of any Federal agency that pos8 sesses digital spatial data referred to in subparagraph

9 (A) shall promptly provide that data to the Secretary

10 at no cost upon request by the Secretary.

11 (3) OBTAINING ADDITIONAL DATA.—If the Sec12 retary determines that data necessary to complete the

13 pilot project under this subsection does not exist, the

14 Secretary shall enter into an agreement with the Di15 rector of the United States Geological Survey under

16 which the Director shall obtain, in cooperation with

17 other Federal agencies, as appropriate, and provide to

18 the Secretary any digital spatial data required to

19 carry out this subsection.

20 (4) DATA STANDARDS.—All digital spatial data

21 used or created to carry out this subsection shall com22 ply with the National Spatial Data Infrastructure es23 tablished by Executive Order 12906 and any other

24 standards established by the Federal Geographic Data
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1 Committee established by the Office of Management

2 and Budget Circular A–16.

3 (5) DIGITAL MAPS NOT CONTROLLING.—Any de4 termination of whether a location is inside or outside

5 of the System shall be made without regard to the dig6 ital maps prepared under this subsection.

7 (6) REPORT.—(A) Not later than 2 years after

8 the date of the enactment of this Act, the Secretary

9 shall submit a report to the Committee on Resources

10 of the House of Representatives that describes the re11 sults of the pilot project and the feasibility, data

12 needs, and costs of completing digital maps for the

13 entire System.

14 (B) The report shall include a description of—

15 (i) the cooperative agreements entered into

16 by the Secretary with other Federal agencies to

17 complete the pilot project and cooperative agree18 ments needed to complete digital mapping of the

19 entire System;

20 (ii) the availability of existing data to com21 plete digital mapping of the entire System;

22 (iii) the need for additional data to com23 plete digital mapping of the entire System; and

24 (iv) the funding needed to complete digital

25 mapping of the entire System.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to the Secretary of the Inte3 rior $500,000 for each of fiscal years 2000, 2001, and 2002

4 to carry out the pilot project required under this section.

5 SEC. 6. CORRECTIONS TO MAPS RELATING TO UNIT P19–P.

6 (a) IN GENERAL.—The Secretary of the Interior shall,

7 before the end of the 30-day period beginning on the date

8 of the enactment of this Act, make such corrections to the

9 map described in subsection (b) as are necessary to ensure

10 that depictions of areas on that map are consistent with

11 the depictions of areas appearing on the map relating to

12 unit P19–P entitled ‘‘Amendment to the Coastal Barrier

13 Resources System’’ and dated September 16, 1998.

14 (b) MAP DESCRIBED.—The map described in this sub15 section is the map that—

16 (1) is included in a set of maps entitled ‘‘Coastal

17 Barrier Resources System’’, dated November 2, 1994;

18 and

19 (2) relates to unit P19–P of the Coastal Barrier

20 Resources System.

21 SEC. 7. REPLACEMENT OF MAPS RELATING TO UNITS NC–

22 03P AND L03.

23 (a) IN GENERAL.—The 7 maps included in the set of

24 maps entitled ‘‘Coastal Barrier Resources System’’ and re25 ferred to in section 4(a)(1) of the Coastal Barrier Resources
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1 Act, as amended by this Act, relating to the portions of

2 Coastal Barrier Resources System units NC–03P and L03

3 located in Dare County, North Carolina, are hereby re4 placed by other maps relating to that unit that are entitled

5 ‘‘DARE COUNTY, NORTH CAROLINA, Coastal Barrier

6 Resources System, Cape Hatteras Unit NC–03P’’ and

7 ‘‘DARE COUNTY, NORTH CAROLINA, Coastal Barrier

8 Resources System, Cape Hatteras Unit NC–03P and Hat9 teras Island Unit L03’’ and dated May 26, 1999.

10 (b) AVAILABILITY.—The Secretary of the Interior shall

11 keep the maps referred to in subsection (a) on file and avail12 able for inspection in accordance with the provisions of sec13 tion 4(b) of the Coastal Barrier Resources Act (16 U.S.C.

14 3503(b)).

15 SEC. 8. CORRECTIONS TO MAP RELATING TO UNIT DE–03P.

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 map described in sub19 section (b) as are necessary to move on that map the bound20 ary of the otherwise protected area (as defined in section

21 12 of the Coastal Barrier Improvement Act of 1990 (16

22 U.S.C. 3503 note; Public Law 101–591)) to the Cape Hen23 lopen State Park boundary to the extent necessary—

24 (1) to exclude from the otherwise protected area

25 the adjacent property leased, as of the date of enact-
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1 ment of this Act, by the Barcroft Company and Cape

2 Shores Associates (which are privately held corpora3 tions under the law of the State of Delaware); and

4 (2) to include in the otherwise protected area the

5 northwestern corner of Cape Henlopen State Park

6 seaward of the Lewes and Rehoboth Canal.

7 (b) MAP DESCRIBED.—The map described in this sub8 section is the map that is included in a set of maps entitled

9 ‘‘Coastal Barrier Resources System’’, dated October 24,

10 1990, as revised October 15, 1992, and that relates to the

11 unit of the Coastal Barrier Resources System entitled ‘‘Cape

12 Henlopen Unit DE–03P’’.

Union Calendar No. 124

106TH CONGRESS

1ST SESSION H. R. 1431

[Report No. 106–218]

A BILL

To reauthorize and amend the Coastal Barrier

Resources Act.

JULY 1, 1999

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,