[House Report 106-230]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-230
=======================================================================
MAP CORRECTION RELATING TO CAPE HENLOPEN UNIT OF COASTAL BARRIER
RESOURCES SYSTEM
_______
July 13, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 535]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 535) to direct the Secretary of the Interior to make
corrections to a map relating to the Coastal Barrier Resources
System, 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. 535 is to direct the Secretary of the
Interior to make corrections to a map relating to the Coastal
Barrier Resources System.
BACKGROUND AND NEED FOR LEGISLATION
The Coastal Barrier Resources System, administered by the
Secretary of the Interior, was created in 1982 by the Coastal
Barrier Resources Act (CBRA, Public Law 97-348, codified at 16
U.S.C. 3501 et seq.). CBRA was designed to eliminate federal
development incentives on undeveloped coastal barriers, thereby
preventing the loss of human life and property from storms,
minimizing federal expenditures, and protecting habitat for
fish and wildlife. The Coastal Barrier Resources System
consists of coastal barrier units and ``otherwise protected
areas'' delineated on maps adopted by Congress. The System was
greatly expanded by the Coastal Barrier Improvement Act of 1990
(Public Law 101-591), which added the 274 ``otherwise protected
areas,'' including DE-03P, to the System.
Otherwise protected areas are public or private lands that
are held for conservation purposes, such as parks, wildlife
refuges, and national seashores. Lands designated as otherwise
protected areas are ineligible for federal flood insurance, as
well as other federal development assistance. In several
instances, the maps of otherwise protected areas prepared by
the Secretary and adopted by Congress incorrectly depict the
boundary of the underlying park, forest, refuge or reserve that
formed the basis for the otherwise protected area designation.
Congressional action is necessary to correct the boundaries
because the Secretary does not have the authority to correct
these errors administratively.
H.R. 535 directs the Secretary of the Interior to make
corrections to a map of an otherwise protected area established
under CBRA. The bill directs the Secretary to adjust the
boundary of unit DE-03P to accurately depict the boundary of
Cape Henlopen State Park in Delaware. The current boundary of
DE-03P is not coterminous with the State park boundary. This
change will exclude a 32-acre parcel of land owned by a private
corporation outside the park boundary and add 245 acres of the
park which was incorrectly excluded on the original 1990 maps.
The 32-acre parcel was never held for conservation purposes, a
requirement to be included within an otherwise protected area.
These changes result in a net addition of 213 acres to the
Coastal Barrier Resources System.
COMMITTEE ACTION
H.R. 535 was introduced on February 3, 1999, by Congressman
Michael Castle (R-DE). The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
Fisheries Conservation, Wildlife and Oceans. On May 6, 1999,
the Subcommittee held a hearing on H.R. 535, where the
Administration testified in support of the bill. On May 27,
1999, the Subcommittee met to mark up the bill. No amendments
were offered and H.R. 535 was ordered favorably reported to the
Full Committee by voice vote. On June 30, 1999, the Full
Resources Committee met to consider the bill. No amendments
were offered and the bill was ordered favorably reported to the
House of Representatives by voice vote.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of this bill could affect direct spending by
increasing payments to the National Flood Insurance Program
(offset in part by mandatory spending for underwriting and
administrative expenses), but any such effect would be
``negligible.''
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. 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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 9, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 535, a bill to
direct the Secretary of the Interior to make corrections to a
map relating to the Coastal Barrier Resources System.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 535--A bill to direct the Secretary of the Interior to make
corrections to a map relating to the Coastal Barrier Resources
System
CBO estimates that enacting H.R. 535 would result in no
significant cost to the federal government. Because the bill
could affect direct spending, pay-as-you-go procedures would
apply, but we expect that net changes in direct spending would
be negligible. H.R. 535 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.
H.R. 535 would direct the Secretary of the Interior to
correct the map of the Cape Henlopen Unit of the Coastal
Barrier Resources System. The proposed correction would revise
the boundary of this unit to include an additional 245 acres of
state park lands and exclude about 32 acres of developed
property. This change would provide additional environmental
protection for the state park and would enable local property
owners occupying the excluded acreage to obtain federal flood
insurance. Once insurance policies have been written on the
affected property, offsetting collections from premiums paid
into the national flood insurance fund would increase by less
than $500,000 per year. Collections would be partially offset
by new mandatory spending for underwriting and administrative
expenses. The federal government might also incur additional
costs for losses associated with any future floods that might
affect this land, but CBO has no basis for predicting such
floods or their resulting costs.
On March 18, 1999, CBO transmitted a cost estimate for S.
574, and identical bill that was ordered reported by the Senate
Committee on Environment and Public Works on March 17, 1999.
The two cost estimates are identical.
The CBO staff contact is Megan Carroll. This estimate was
approved by Robert A. Sunshine, Deputy Assistant Director for
Budget Analysis.
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.