II

Calendar No. 483

106TH CONGRESS

2D SESSION S. 1752

[Report No. 106–252]

To reauthorize and amend the Coastal Barrier Resources Act.

IN THE SENATE OF THE UNITED STATES

OCTOBER 20, 1999

Mr. CHAFEE (for himself, Mr. CRAPO, Mr. MOYNIHAN, Mr. LIEBERMAN, Mr.

L. CHAFEE, and Mr. SMITH of New Hampshire) introduced the following

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

and Public Works

APRIL 4, 2000

Reported by Mr. SMITH of New Hampshire, with amendments

[Omit the part struck through and insert the part printed in italic]

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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•S 1752 RS

1 SEC. 2. DEFINITIONS.

2 Section 3 of the Coastal Barrier Resources Act (16

3 U.S.C. 3502) is amended—

4 (1) by striking ‘‘For purposes of’’ and all that

5 follows through the end of paragraph (1) and insert6 ing the following:

7 ‘‘In this Act:

8 ‘‘(1) UNDEVELOPED COASTAL BARRIER.—

9 ‘‘(A) IN GENERAL.—The term ‘undevel10 oped coastal barrier’ means—

11 ‘‘(i) a geologic feature (such as a bay

12 barrier, tombolo, barrier spit, or barrier is13 land) that—

14 ‘‘(I) is subject to wave, tidal, and

15 wind energies; and

16 ‘‘(II) protects landward aquatic

17 habitats from direct wave attack; and

18 ‘‘(ii) all associated aquatic habitats,

19 including the adjacent wetlands, marshes,

20 estuaries, inlets, and nearshore waters.

21 ‘‘(B) EXCLUSIONS.—The term ‘undevel22 oped coastal barrier’ excludes a feature or habi23 tat described in subparagraph (A) if, as of the

24 date on which the feature or habitat is added

25 to the System—
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•S 1752 RS

1 ‘‘(i) the density for the unit in which

2 the feature or habitat is located is equal to

3 or greater than 1 structure per 5 acres of

4 land above the mean high tide, which

5 structure—

6 ‘‘(I) is a walled and roofed build7 ing (other than a gas or liquid storage

8 tank) that is principally above ground

9 and affixed to a permanent site, in10 cluding a manufactured home on a

11 permanent foundation; and

12 ‘‘(II) covers at least 200 square

13 feet; or

14 ‘‘(ii) the feature or habitat contains

15 infrastructure consisting of—

16 ‘‘(I) a road, to each lot or build17 ing site, that is under the jurisdiction

18 of, and maintained by, a public au19 thority and is open to the public;

20 ‘‘(II) a wastewater disposal sys21 tem for each lot or building site;

22 ‘‘(III) electric service for each lot

23 or building site; and

24 ‘‘(IV) availability of a fresh water

25 supply for each lot or building site.’’;
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•S 1752 RS

1 (2) in paragraph (2), by striking ‘‘refers to the

2 Committee on Merchant Marine and Fisheries’’ and

3 inserting ‘‘means the Committee on Resources’’; and

4 (3) in paragraph (3), by striking the second

5 sentence.

6 SEC. 3. VOLUNTARY ADDITIONS TO COASTAL BARRIER RE7 SOURCES SYSTEM.

8 SEC. 3. VOLUNTARY ADDITIONS TO JOHN H. CHAFEE

9 COASTAL BARRIER RESOURCES SYSTEM.

10 (a) IN GENERAL.—Section 4 of the Coastal Barrier

11 Resources Act (16 U.S.C. 3503) is amended by adding

12 at the end the following:

13 ‘‘(d) ADDITIONS TO SYSTEM.—

14 ‘‘(1) IN GENERAL.—The Secretary may add a

15 parcel of real property to the System, if—

16 ‘‘(A) the owner of the parcel requests, in

17 writing, that the Secretary add the parcel to the

18 System; and

19 ‘‘(B) the parcel is a feature or habitat cov20 ered by section 3(1).

21 ‘‘(2) MAPS.—The Secretary shall—

22 ‘‘(A) keep a map showing the location of

23 each parcel of real property added to the Sys24 tem under paragraph (1) on file and available

25 for public inspection in the Office of the Direc-
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•S 1752 RS

1 tor of the United States Fish and Wildlife Serv2 ice and in such other offices of the Service as

3 the Director considers appropriate;

4 ‘‘(B) provide a copy of the map to—

5 ‘‘(i) the State in which the property is

6 located;

7 ‘‘(ii) the Committees; and

8 ‘‘(iii) the Federal Emergency Manage9 ment Agency; and

10 ‘‘(C) revise the maps referred to in sub11 section (a) to reflect each addition of real prop12 erty to the System under paragraph (1), after

13 publishing in the Federal Register a notice of

14 any such proposed revision.’’.

15 (b) CONFORMING AMENDMENT.—Section 4(a) of the

16 Coastal Barrier Resources Act (16 U.S.C. 3503(a)) is

17 amended by striking ‘‘which shall consist of’’ and all that

18 follows and inserting the following: ‘‘which shall consist

19 of those undeveloped coastal barriers and other areas lo20 cated on the coasts of the United States that are identified

21 and generally depicted on the maps on file with the Sec22 retary entitled ‘Coastal Barrier Resources System’, dated

23 October 24, 1990, as those maps may be modified, revised,

24 or corrected under—

25 ‘‘(1) subsection (c) or (d);
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•S 1752 RS

1 ‘‘(2) section 4 of the Coastal Barrier Improve2 ment Act of 1990 (16 U.S.C. 3503 note; Public Law

3 101–591); or

4 ‘‘(3) any other provision of law enacted on or

5 after November 16, 1990, that specifically author6 izes the modification, revision, or correction.’’.

7 SEC. 4. TECHNICAL AMENDMENTS.

8 (a) IN GENERAL.—Sections 10 and 11 of the Coastal

9 Barrier Resources Act (16 U.S.C. 3509, 96 Stat. 1658)

10 are repealed.

11 (b) EFFECT ON PRIOR AMENDMENTS.—Nothing in

12 subsection (a) or the amendments made by subsection (a)

13 affects the amendments made by section 11 of the Coastal

14 Barrier Resources Act (96 Stat. 1658), as in effect on the

15 day before the date of enactment of this Act.

16 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

17 The Coastal Barrier Resources Act is amended by

18 striking section 12 (16 U.S.C. 3510) and inserting the fol19 lowing:

20 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘There are authorized to be appropriated to the Sec22 retary to carry out this Act $2,000,000 for each of fiscal

23 years 2001 through 2004 and $3,000,000 for each of fis24 cal years 2005 through 2007.’’.
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1 SEC. 6. DIGITAL MAPPING PILOT PROJECT.

2 (a) IN GENERAL.—

3 (1) PROJECT.—The Secretary of the Interior

4 (referred to in this section as the ‘‘Secretary’’) shall

5 carry out a pilot project to determine the feasibility

6 and cost of creating digital versions of the Coastal

7 Barrier Resources System John H. Chafee Coastal

8 Barrier Resources System maps referred to in section

9 4(a) of the Coastal Barrier Resources Act (16

10 U.S.C. 3503(a)) (as amended by section 3(b)).

11 (2) MINIMUM NUMBER OF UNITS.—The pilot

12 project shall consist of the creation of digital maps

13 for at least 75 units of the Coastal Barrier Re14 sources System John H. Chafee Coastal Barrier Re15 sources System (referred to in this section as the

16 ‘‘System’’), 25 of which shall be otherwise protected

17 areas (as defined in section 12 of the Coastal Bar18 rier Improvement Act of 1990 (16 U.S.C. 3503

19 note; Public Law 101–591)).

20 (b) DATA.—

21 (1) USE OF EXISTING DATA.—To the maximum

22 extent practicable, in carrying out the pilot project

23 under this section, the Secretary shall use—

24 (A) digital spatial data (including digital

25 orthophotos) in existence at the time at which

26 the project is carried out;
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1 (B) shoreline, elevation, and bathymetric

2 data; and

3 (C) electronic navigational charts in the

4 possession of other Federal agencies, including

5 the United States Geological Survey and the

6 National Oceanic and Atmospheric Administra7 tion.

8 (2) PROVISION OF DATA BY OTHER AGEN9 CIES.—The head of a Federal agency that possesses

10 data or a chart referred to in paragraph (1) shall,

11 upon request of the Secretary, promptly provide the

12 data or chart to the Secretary at no cost.

13 (3) ADDITIONAL DATA.—If the Secretary deter14 mines that data or a chart necessary to carry out

15 the pilot project under this section does not exist,

16 the Secretary shall enter into an agreement with the

17 Director of the United States Geological Survey

18 under which the Director shall obtain, in cooperation

19 with other Federal agencies, as appropriate, and

20 provide to the Secretary the data or chart required

21 to carry out this section.

22 (4) DATA STANDARDS.—All data and charts

23 used or created to carry out this section shall comply

24 with—
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1 (A) the National Spatial Data Infrastruc2 ture established by Executive Order 12906 (59

3 Fed. Reg. 17671 (1994)); and

4 (B) any other standards established by the

5 Federal Geographic Data Committee estab6 lished by the Office of Management and Budget

7 Circular A–16.

8 (c) DIGITAL MAPS NOT CONTROLLING.—Any deter9 mination as to whether a location is inside or outside the

10 System shall be made without regard to the digital maps

11 created under this section.

12 (d) REPORT.—

13 (1) IN GENERAL.—Not later than 3 years after

14 the date of enactment of this Act, the Secretary

15 shall submit to the Committee on Environment and

16 Public Works of the Senate and the Committee on

17 Resources of the House of Representatives a report

18 that describes the results of the pilot project and the

19 feasibility, data needs, and costs of completing dig20 ital maps for the entire System.

21 (2) CONTENTS.—The report shall include a de22 scription of—

23 (A) the cooperative agreements that would

24 be necessary to complete digital mapping of the

25 entire System;
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1 (B) the extent to which the data necessary

2 to complete digital mapping of the entire Sys3 tem are available;

4 (C) the need for additional data to com5 plete digital mapping of the entire System;

6 (D) the extent to which the boundary lines

7 on the digital maps differ from the boundary

8 lines of the original maps; and

9 (E) the amount of funding necessary to

10 complete digital mapping of the entire System.

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to the Secretary to carry

13 out this section $500,000 for each of fiscal years 2001

14 through 2003.

15 SEC. 7. ECONOMIC ASSESSMENT OF COASTAL BARRIER RE16 SOURCES SYSTEM.

17 SEC. 7. ECONOMIC ASSESSMENT OF JOHN H. CHAFEE

18 COASTAL BARRIER RESOURCES SYSTEM.

19 (a) IN GENERAL.—Not later than 180 days after the

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

21 shall submit to the Committee on Environment and Public

22 Works of the Senate and the Committee on Resources of

23 the House of Representatives an economic assessment of

24 the Coastal Barrier Resources System John H. Chafee

25 Coastal Barrier Resources System.
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1 (b) REQUIRED ELEMENTS.—The assessment shall

2 consider the past and estimated future savings of Federal

3 expenditures attributable to the Coastal Barrier Resources

4 Act (16 U.S.C. 3501 et seq.), including the savings result5 ing from avoidance of Federal expenditures for—

6 (1) disaster relief under the Robert T. Stafford

7 Disaster Relief and Emergency Assistance Act (42

8 U.S.C. 5121 et seq.);

9 (2) the national flood insurance program estab10 lished under chapter 1 of the National Flood Insur11 ance Act of 1968 (42 U.S.C. 4011 et seq.); and

12 (3) development assistance for roads, potable

13 water supplies, and wastewater infrastructure.
Calendar No. 483

106TH CONGRESS

2D SESSION S. 1752

[Report No. 106–252]

A BILL

To reauthorize and amend the Coastal Barrier

Resources Act.

APRIL 4, 2000

Reported with amendments