II

106TH CONGRESS

1ST SESSION S. 1752

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, and Mr. LIEBERMAN)

introduced the following bill; which was read twice and referred to the

Committee on Environment and Public Works

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’’.

6 SEC. 2. DEFINITIONS.

7 Section 3 of the Coastal Barrier Resources Act (16

8 U.S.C. 3502) is amended—
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1 (1) by striking ‘‘For purposes of’’ and all that

2 follows through the end of paragraph (1) and insert3 ing the following:

4 ‘‘In this Act:

5 ‘‘(1) UNDEVELOPED COASTAL BARRIER.—

6 ‘‘(A) IN GENERAL.—The term ‘undevel7 oped coastal barrier’ means—

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

9 barrier, tombolo, barrier spit, or barrier is10 land) that—

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

12 wind energies; and

13 ‘‘(II) protects landward aquatic

14 habitats from direct wave attack; and

15 ‘‘(ii) all associated aquatic habitats,

16 including the adjacent wetlands, marshes,

17 estuaries, inlets, and nearshore waters.

18 ‘‘(B) EXCLUSIONS.—The term ‘undevel19 oped coastal barrier’ excludes a feature or habi20 tat described in subparagraph (A) if, as of the

21 date on which the feature or habitat is added

22 to the System—

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

24 the feature or habitat is located is equal to

25 or greater than 1 structure per 5 acres of
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1 land above the mean high tide, which

2 structure—

3 ‘‘(I) is a walled and roofed build4 ing (other than a gas or liquid storage

5 tank) that is principally above ground

6 and affixed to a permanent site, in7 cluding a manufactured home on a

8 permanent foundation; and

9 ‘‘(II) covers at least 200 square

10 feet; or

11 ‘‘(ii) the feature or habitat contains

12 infrastructure consisting of—

13 ‘‘(I) a road, to each lot or build14 ing site, that is under the jurisdiction

15 of, and maintained by, a public au16 thority and is open to the public;

17 ‘‘(II) a wastewater disposal sys18 tem for each lot or building site;

19 ‘‘(III) electric service for each lot

20 or building site; and

21 ‘‘(IV) availability of a fresh water

22 supply for each lot or building site.’’;

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

24 Committee on Merchant Marine and Fisheries’’ and

25 inserting ‘‘means the Committee on Resources’’; and
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1 (3) in paragraph (3), by striking the second

2 sentence.

3 SEC. 3. VOLUNTARY ADDITIONS TO COASTAL BARRIER RE4 SOURCES SYSTEM.

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

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

7 at the end the following:

8 ‘‘(d) ADDITIONS TO SYSTEM.—

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

10 parcel of real property to the System, if—

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

12 writing, that the Secretary add the parcel to the

13 System; and

14 ‘‘(B) the parcel is a feature or habitat cov15 ered by section 3(1).

16 ‘‘(2) MAPS.—The Secretary shall—

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

18 each parcel of real property added to the Sys19 tem under paragraph (1) on file and available

20 for public inspection in the Office of the Direc21 tor of the United States Fish and Wildlife Serv22 ice and in such other offices of the Service as

23 the Director considers appropriate;

24 ‘‘(B) provide a copy of the map to—
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1 ‘‘(i) the State in which the property is

2 located;

3 ‘‘(ii) the Committees; and

4 ‘‘(iii) the Federal Emergency Manage5 ment Agency; and

6 ‘‘(C) revise the maps referred to in sub7 section (a) to reflect each addition of real prop8 erty to the System under paragraph (1), after

9 publishing in the Federal Register a notice of

10 any such proposed revision.’’.

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

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

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

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

15 of those undeveloped coastal barriers and other areas lo16 cated on the coasts of the United States that are identified

17 and generally depicted on the maps on file with the Sec18 retary entitled ‘Coastal Barrier Resources System’, dated

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

20 or corrected under—

21 ‘‘(1) subsection (c) or (d);

22 ‘‘(2) section 4 of the Coastal Barrier Improve23 ment Act of 1990 (16 U.S.C. 3503 note; Public Law

24 101–591); or
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1 ‘‘(3) any other provision of law enacted on or

2 after November 16, 1990, that specifically author3 izes the modification, revision, or correction.’’.

4 SEC. 4. TECHNICAL AMENDMENTS.

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

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

7 are repealed.

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

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

10 affects the amendments made by section 11 of the Coastal

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

12 day before the date of enactment of this Act.

13 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

14 The Coastal Barrier Resources Act is amended by

15 striking section 12 (16 U.S.C. 3510) and inserting the fol16 lowing:

17 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘There are authorized to be appropriated to the Sec19 retary to carry out this Act $2,000,000 for each of fiscal

20 years 2001 through 2004 and $3,000,000 for each of fis21 cal years 2005 through 2007.’’.

22 SEC. 6. DIGITAL MAPPING PILOT PROJECT.

23 (a) IN GENERAL.—

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

25 (referred to in this section as the ‘‘Secretary’’) shall
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1 carry out a pilot project to determine the feasibility

2 and cost of creating digital versions of the Coastal

3 Barrier Resources System maps referred to in sec4 tion 4(a) of the Coastal Barrier Resources Act (16

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

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

7 project shall consist of the creation of digital maps

8 for at least 75 units of the Coastal Barrier Re9 sources System (referred to in this section as the

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

11 areas (as defined in section 12 of the Coastal Bar12 rier Improvement Act of 1990 (16 U.S.C. 3503

13 note; Public Law 101–591)).

14 (b) DATA.—

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

16 extent practicable, in carrying out the pilot project

17 under this section, the Secretary shall use—

18 (A) digital spatial data (including digital

19 orthophotos) in existence at the time at which

20 the project is carried out;

21 (B) shoreline, elevation, and bathymetric

22 data; and

23 (C) electronic navigational charts in the

24 possession of other Federal agencies, including

25 the United States Geological Survey and the
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1 National Oceanic and Atmospheric Administra2 tion.

3 (2) PROVISION OF DATA BY OTHER AGEN4 CIES.—The head of a Federal agency that possesses

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

6 upon request of the Secretary, promptly provide the

7 data or chart to the Secretary at no cost.

8 (3) ADDITIONAL DATA.—If the Secretary deter9 mines that data or a chart necessary to carry out

10 the pilot project under this section does not exist,

11 the Secretary shall enter into an agreement with the

12 Director of the United States Geological Survey

13 under which the Director shall obtain, in cooperation

14 with other Federal agencies, as appropriate, and

15 provide to the Secretary the data or chart required

16 to carry out this section.

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

18 used or created to carry out this section shall comply

19 with—

20 (A) the National Spatial Data Infrastruc21 ture established by Executive Order 12906 (59

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

23 (B) any other standards established by the

24 Federal Geographic Data Committee estab-
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1 lished by the Office of Management and Budget

2 Circular A–16.

3 (c) DIGITAL MAPS NOT CONTROLLING.—Any deter4 mination as to whether a location is inside or outside the

5 System shall be made without regard to the digital maps

6 created under this section.

7 (d) REPORT.—

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

9 the date of enactment of this Act, the Secretary

10 shall submit to the Committee on Environment and

11 Public Works of the Senate and the Committee on

12 Resources of the House of Representatives a report

13 that describes the results of the pilot project and the

14 feasibility, data needs, and costs of completing dig15 ital maps for the entire System.

16 (2) CONTENTS.—The report shall include a de17 scription of—

18 (A) the cooperative agreements that would

19 be necessary to complete digital mapping of the

20 entire System;

21 (B) the extent to which the data necessary

22 to complete digital mapping of the entire Sys23 tem are available;

24 (C) the need for additional data to com25 plete digital mapping of the entire System;
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1 (D) the extent to which the boundary lines

2 on the digital maps differ from the boundary

3 lines of the original maps; and

4 (E) the amount of funding necessary to

5 complete digital mapping of the entire System.

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated to the Secretary to carry

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

9 through 2003.

10 SEC. 7. ECONOMIC ASSESSMENT OF COASTAL BARRIER RE11 SOURCES SYSTEM.

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

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

14 shall submit to the Committee on Environment and Public

15 Works of the Senate and the Committee on Resources of

16 the House of Representatives an economic assessment of

17 the Coastal Barrier Resources System.

18 (b) REQUIRED ELEMENTS.—The assessment shall

19 consider the past and estimated future savings of Federal

20 expenditures attributable to the Coastal Barrier Resources

21 Act (16 U.S.C. 3501 et seq.), including the savings result22 ing from avoidance of Federal expenditures for—

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

24 Disaster Relief and Emergency Assistance Act (42

25 U.S.C. 5121 et seq.);
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1 (2) the national flood insurance program estab2 lished under chapter 1 of the National Flood Insur3 ance Act of 1968 (42 U.S.C. 4011 et seq.); and

4 (3) development assistance for roads, potable

5 water supplies, and wastewater infrastructure.

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