H. Rept. 115-997 - STRENGTHENING COASTAL COMMUNITIES ACT OF 2018115th Congress (2017-2018)
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-997
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STRENGTHENING COASTAL COMMUNITIES ACT OF 2018
_______
October 30, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 5787]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5787) to amend the Coastal Barrier Resources Act
to give effect to more accurate maps of units of the John H.
Chafee Coastal Barrier Resources System that were produced by
digital mapping of such units, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Coastal Communities Act
of 2018''.
SEC. 2. REPLACEMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM
MAPS.
(a) In General.--Subject to subsection (c), each map included in the
set of maps referred to in section 4(a) of the Coastal Barrier
Resources Act (16 U.S.C. 3503(a)) that relates to a Unit of such System
referred to in subsection (b) of this section is replaced in such set
with the map described in subsection (b) with respect to that Unit.
(b) Replacement Maps Described.--The replacement maps referred to in
subsection (a) are the following:
(1) The map entitled ``Delaware Seashore Unit DE-07/DE-07P
North Bethany Beach Unit H01'' and dated March 18, 2016, with
respect to Unit DE-07, Unit DE-07P, and Unit H01.
(2) The map entitled ``Pine Island Bay Unit NC-01/NC-01P''
and dated March 18, 2016, with respect to Unit NC-01 and Unit
NC-01P.
(3) The map entitled ``Roosevelt Natural Area Unit NC-05P''
and dated March 18, 2016, with respect to Unit NC-05P.
(4) The map entitled ``Hammocks Beach Unit NC-06/NC-06P (2 of
2) Onslow Beach Complex L05 (1 of 2)'' and dated March 18,
2016, with respect to Unit L05.
(5) The map entitled ``Onslow Beach Complex L05 (2 of 2)
Topsail Unit L06 (1 of 2)'' and dated November 20, 2013, with
respect to Unit L05 and Unit L06.
(6) The map entitled ``Topsail Unit L06 (2 of 2)'' and dated
November 20, 2013, with respect to Unit L06.
(7) The map entitled ``Litchfield Beach Unit M02 Pawleys
Inlet Unit M03'' and dated March 18, 2016, with respect to Unit
M02 and Unit M03.
(8) The map entitled ``Fort Clinch Unit FL-01/FL-01P'' and
dated March 18, 2016, with respect to Unit FL-01 and Unit FL-
01P.
(9) The map entitled ``Usina Beach Unit P04A Conch Island
Unit P05/P05P'' and dated March 18, 2016, with respect to Unit
P04A, Unit P05, and Unit P05P.
(10) The map entitled ``Ponce Inlet Unit P08/P08P'' and dated
March 18, 2016, with respect to Unit P08 and Unit P08P.
(11) The map entitled ``Spessard Holland Park Unit FL-13P
Coconut Point Unit P09A/P09AP'' and dated March 18, 2016, with
respect to Unit FL-13P, Unit P09A, and Unit P09AP.
(12) The map entitled ``Blue Hole Unit P10A Pepper Beach Unit
FL-14P'' and dated March 18, 2016, with respect to Unit P10A
and Unit FL-14P.
(13) The map entitled ``Hutchinson Island Unit P11/P11P (1 of
2)'' and dated March 18, 2016, with respect to Unit P11 and
Unit P11P.
(14) The map entitled ``Hutchinson Island Unit P11 (2 of 2)''
and dated March 18, 2016, with respect to Unit P11.
(15) The map entitled ``Blowing Rocks Unit FL-15 Jupiter
Beach Unit FL-16P Carlin Unit FL-17P'' and dated March 18,
2016, with respect to Unit FL-15, Unit FL-16P, and Unit FL-17P.
(16) The map entitled ``MacArthur Beach Unit FL-18P'' and
dated March 18, 2016, with respect to Unit FL-18P.
(17) The map entitled ``Birch Park Unit FL-19P'' and dated
March 18, 2016, with respect to Unit FL-19P.
(18) The map entitled ``Lloyd Beach Unit FL-20P North Beach
Unit P14A'' and dated March 18, 2016, with respect to Unit FL-
20P and Unit P14A.
(19) The map entitled ``Tavernier Key Unit FL-39 Snake Creek
Unit FL-40'' and dated March 18, 2016, with respect to Unit FL-
39 and Unit FL-40.
(20) The map entitled ``Channel Key Unit FL-43 Toms Harbor
Keys Unit FL-44 Deer/Long Point Keys Unit FL-45'' and dated
March 18, 2016, with respect to Unit FL-43, Unit FL-44, and FL-
45.
(21) The map entitled ``Boot Key Unit FL-46'' and dated March
18, 2016, with respect to Unit FL-46.
(22) The map entitled ``Bowditch Point Unit P17A Bunche Beach
Unit FL-67/FL-67P Sanibel Island Complex P18P (1 of 2)'' and
dated March 18, 2016, with respect to Unit P17A, Unit FL-67,
and Unit FL-67P.
(23) The map entitled ``Bocilla Island Unit P21/P21P'' and
dated March 18, 2016, with respect to Unit P21 and Unit P21P.
(24) The map entitled ``Venice Inlet Unit FL-71P Casey Key
Unit P22'' and dated March 18, 2016, with respect to Unit P22.
(25) The map entitled ``Lido Key Unit FL-72P'' and dated
March 18, 2016, with respect to Unit FL-72P.
(26) The map entitled ``De Soto Unit FL-73P Rattlesnake Key
Unit FL-78 Bishop Harbor Unit FL-82'' and dated March 18, 2016,
with respect to Unit FL-73P, Unit FL-78, and Unit FL-82.
(27) The map entitled ``Passage Key Unit FL-80P Egmont Key
Unit FL-81/FL-81P The Reefs Unit P24P (1 of 2)'' and dated
March 18, 2016, with respect to Unit FL-80P, Unit FL-81, and
Unit FL-81P.
(28) The map entitled ``Cockroach Bay Unit FL-83'' and dated
March 18, 2016, with respect to Unit FL-83.
(29) The map entitled ``Sand Key Unit FL-85P'' and dated
March 18, 2016, with respect to Unit FL-85P.
(30) The map entitled ``Pepperfish Keys Unit P26'' and dated
March 18, 2016, with respect to Unit P26.
(31) The map entitled ``Peninsula Point Unit FL-89'' and
dated March 18, 2016, with respect to Unit FL-89.
(32) The map entitled ``Phillips Inlet Unit FL-93/FL-93P Deer
Lake Complex FL-94'' and dated March 18, 2016, with respect to
Unit FL-93, Unit FL-93P, and Unit FL-94.
(33) The map entitled ``St. Andrew Complex P31 (1 of 3)'' and
dated October 7, 2016, with respect to Unit P31.
(34) The map entitled ``St. Andrew Complex P31 (2 of 3)'' and
dated October 7, 2016, with respect to Unit P31.
(35) The map entitled ``St. Andrew Complex P31/P31P (3 of
3)'' and dated October 7, 2016, with respect to Unit P31 and
Unit P31P.
(c) Limitations.--For purposes of subsection (a)--
(1) nothing in this section affects the boundaries of any of
Units NC-06 and NC-06P;
(2) the occurrence in subsection (b) of the name of a Unit
solely in the title of a map shall not be construed to be a
reference to such Unit; and
(3) the depiction of boundaries of any of Units P18P, FL-71P,
and P24P in a map referred to in paragraph (22), (24), or (27)
of subsection (b) shall not be construed to affect the
boundaries of such Unit.
(d) Conforming Amendment.--Section 4(a) of the Coastal Barrier
Resources Act (16 U.S.C. 3503(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``replaced,'' after ``may be''; and
(2) in paragraph (3), by inserting ``replaces such a map or''
after ``that specifically''.
SEC. 3. DIGITAL MAPS OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM
UNITS.
Section 4(b) of the Coastal Barrier Resources Act (16 U.S.C. 3503(b))
is amended--
(1) by inserting before the first sentence the following:
``(1) In general.--''; and
(2) by adding at the end the following:
``(2) Digital maps.--
``(A) Availability.--The Secretary shall make
available to the public on the Internet web site of the
United States Fish and Wildlife Service digital
versions of the maps included in the set of maps
referred to in subsection (a).
``(B) Effect.--Any determination as to whether a
location is inside or outside the System shall be made
without regard to the digital maps available under this
paragraph, except that this subparagraph does not apply
with respect to any printed version of such a digital
map if the printed version is included in the maps
referred to in subsection (a).''.
Purpose of the Bill
The purpose of H.R. 5787 is to amend the Coastal Barrier
Resources Act to give effect to more accurate maps of units of
the John H. Chafee Coastal Barrier Resources System that were
produced by digital mapping of such units.
Background and Need for Legislation
In 1981, due to the high risk that coastal developments
carry, Congress directed the Secretary of the Interior to draw
maps designating undeveloped coastal barriers unsuitable for
new federal development subsidies, including federal flood
insurance.\1\ In 1982 Congress enacted the Coastal Barrier
Resources Act (CBRA, 16 U.S.C. 3501 et seq.). CBRA established
the Coastal Barrier Resources System (CBRS) administered by the
U.S. Fish and Wildlife Service (USFWS).\2\ CBRS units are
depicted on maps on file with the USFWS. CBRA prohibits the use
of federal dollars to subsidize new development on CBRS units,
except for limited exceptions such as maintenance of federal
navigation channels and military readiness.\3\ The Coastal
Barrier Improvement Act of 1990 added ``Otherwise Protected
Areas'' (OPAs) to the CBRS.\4\ While CBRS units carry the full
funding prohibitions of CBRA, structures within OPAs\5\ are
prohibited only from receiving flood insurance under the
National Flood Insurance Program.\6\
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\1\Public Law 97-35 Sec. 341(d), Omnibus Budget and Reconciliation
Act.
\2\Public Law 97-348, Coastal Barrier Resources Act.
\3\16 U.S.C. 3505.
\4\Public Law 101-591, Coastal Barrier Improvement Act of 1990.
\5\As defined by Public Law 101-591, otherwise protected areas may
be comprised of ``undeveloped coastal barrier[s] within the boundaries
of an area established under Federal, State, or local law, or held by a
qualified organization, primarily for wildlife refuge, sanctuary,
recreational, or natural resource conservation purposes''.
\6\42 U.S.C. 4028(b), National Flood Insurance Act of 1968 as
amended by Public Law 101-591.
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CBRA was intended to impact only coastal areas that were
undeveloped at the time of enactment so that existing coastal
communities would not be adversely affected. Further, CBRA did
not apply to the approximately 47% of coastal areas that were
undeveloped but already protected by existing law.\7\ At the
time of enactment, approximately 13% of coastal areas along the
Atlantic and Gulf Coasts were undeveloped and unprotected,\8\
and the original CBRS included approximately 590,000 acres.\9\
In 2002, USFWS published a report commemorating the 20th
anniversary of CBRA. This report conservatively estimated that
the program was on track to save taxpayers $1.3 billion through
2010 and that an additional $200 million in federal disaster
relief could be saved by 2050.\10\ Furthermore, a 2007
Government Accounting Office report found that approximately
84% of CBRS units remained undeveloped, and only 3% of units
have experienced significant development since the passage of
CBRA.\11\ Currently the CBRS consists of 3.3 million acres in
23 states and territories along the Atlantic, Gulf of Mexico,
Great Lakes, U.S. Virgin Islands and Puerto Rico coasts.\12\
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\7\S. Rpt. No. 97-419, Senate Committee on Environment and Public
Works Report to accompany S. 1018, p. 1.
\8\Id.
\9\The Coastal Barrier Resources Act: Harnessing the Power of
Market Forces to Conserve America's Coasts and Save Taxpayers' Money;
United States Fish and Wildlife Service Report; August 2002; p. 1.
\10\Id., p. 2.
\11\Coastal Barrier Resources System: Status of Development That
Has Occurred and Financial Assistance Provided by Federal Agencies;
Government Accountability Office Report; March 2007; p. 4.
\12\Id., pp. 1-2, 7.
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Congress has reauthorized CBRA three times.\13\ The most
recent reauthorization, the Coastal Barrier Resources
Reauthorization Act of 2005, directed USFWS to finalize and
submit to Congress a report on the digitization of CBRA
maps.\14\ USFWS transmitted the final report in November 2016
which included final recommended boundaries for CBRS units and
OPAs.\15\ The recommendations in the report impact maps in
Delaware, North Carolina, South Carolina, Florida and
Louisiana. In general, under current law, Congress must codify
significant changes to CBRA maps for any new maps to take
effect.\16\
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\13\https://www.fws.gov/cbra/Legislation.html.
\14\Public Law 109-226 Sec. 4, Coastal Barrier Resources
Reauthorization Act of 2005.
\15\Final Report to Congress: John H. Chafee Coastal Barrier
Resources System Digital Mapp Pilot Project, November 29, 2016.
\16\16 U.S.C. 3503(a)(3).
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In response to the 2016 report, several members of
Congress, including Representatives Neal P. Dunn (R-FL), Lisa
Blunt Rochester (D-DE) and Thomas Rooney (R-FL), introduced
bills to codify the revised, digital maps that impact their
districts. The Subcommittee on Water, Power and Oceans held a
legislative hearing on two of these bills on February 27, 2018:
H.R. 2947 (Dunn) and H.R. 4880 (Blunt Rochester). Representing
USFWS, Mr. Gary Frazer testified in support of both two
bills.\17\ After this hearing, the bill sponsors worked
together to codify these maps in a more comprehensive fashion.
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\17\Legislative Hearing on H.R. 2947 and H.R. 4880: Hearing before
the Natural Resources Committee Subcommittee on Water, Power and
Oceans, House of Representatives, 115th Cong., 2 (2018) (Testimony of
Gary Frazer), at 1.
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H.R. 5787, codifies 32 CBRS maps that were revised and
digitized as part of the Digital Mapping Pilot Project by
USFWS. Further, the bill implements the USFWS recommendations
for the St. Andrew's Complex P31 and P31P CBRS units, for a
total of 35 new maps.
As the Committee considered this legislation, several
questions arose related to the efficacy and legal integrity of
digital maps in general. Digital documents lack the permanence
and constancy of hard copy documents, and there are few
examples, if any, throughout the federal government where
digital documents carry the full force of law and are
authorized for official use. Accordingly, section 3 of H.R.
5787 requires the USFWS Director to keep a printed, hard copy
of each digital map authorized by law and make final
determinations as to whether a location is inside or outside
the CBRS based solely on this printed version.
USFWS also developed advanced mapping systems, including
GIS technology, to accompany these digital maps, increasing
their accuracy and aiding in interpretation. These mapping
systems capitalize on the benefits that digital maps can
provide, and their appropriate use can improve the CBRA
program. However, as with digital maps in general, there are
several concerns that arose with respect to mapping integrity
as this legislation was considered by the Committee. These maps
and the agency interpretation thereof can have significant
impacts on people's lives. Under 16 U.S.C. 3504, when a certain
area of land is determined to be within the boundaries of the
CBRS, the residents of that area lose federally-subsidized
flood insurance under the National Flood Insurance Program, the
area may become ineligible for certain types of federally-
supported dredging projects that are important for navigation
and human safety, and other federal benefits like sewage
treatment system grants, can be affected. Before Congress can
authorize the use of these new mapping systems to interpret the
boundaries of CBRS units and OPAs, USFWS must certify and
document that these maps and GIS systems are developed and
maintained in a manner that will preserve the integrity of the
program and the rule of law.
The Committee expects that when this legislation reaches
the House floor, it will include language directing USFWS to
submit a report to Congress related to the successes and
challenges of the transition from paper maps to digital maps.
It is the Committee's expectation that in this report, as part
of a larger analysis on the subject, USFWS will address, with a
high degree of specificity, the following questions:
(1) How accurate are the mapper data?
(2) What is the source of the mapper data?
(3) Are these data digitized or born digital?
(4) For digitized data, how were the data ingested
into the database?
(5) For digital data, how were the data created?
(6) Are those data sources consistent at a national
level? If not, how do they vary in detail, and what are
the implications for implementing a common dispute
resolution process when parties differ over boundaries?
(7) Is there a national mapping data standard or many
local standards based on available data?
(8) What written publicly available guidance, rule,
or regulation governing boundary dispute resolution
processes have been released?
(9) What are USFWS's plans to maintain mapper data,
hardware, and software?
(10) What migration plans are in place to ensure that
consistent data and renderings will be available over
time as operating systems, applications, and user
interfaces evolve?
(11) How do these plans comply with existing
statutory requirements or those proposed under H.R.
5787?
Answers to these questions and the entirety of this report
should determine the degree to which, if at all, it is
appropriate for USFWS to utilize the GIS and other advanced
digital mapping systems in the agency's interpretation of these
new digital maps.
Section-by-Section Analysis
Section 1. Short title
This Act may be cited as the ``Strengthening Coastal
Communities Act of 2018''.
Section 2. Replacement of John H. Chafee Coastal Barrier Resources
System maps
This section codifies certain CBRS maps transmitted to
Congress in 2016 by the USFWS.
Section 3. Digital maps of John H. Chafee Coastal Barrier Resources
system units
This section requires the USFWS to maintain a hard copy of
any digital map that has been codified by Congress to serve as
the official version for purposes of CBRA and to maintain a
digitally available version on the agency's website.
Committee Action
H.R. 5787 was introduced on May 15, 2018, by Congressman
Neal P. Dunn (R-FL). The bill was referred to the Committee on
Natural Resources. On June 13, 2018, the Natural Resources
Committee met to consider the bill. Congressman Doug Lamborn
(R-CO) offered an amendment designated #1; it was adopted by
voice vote. No further amendments were offered and the bill, as
amended, 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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 9, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5787, the
Strengthening Coastal Communities Act of 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 5787--Strengthening Coastal Communities Act of 2018
H.R. 5787 would update the maps for various units of the
Coastal Barrier Resources System (CBRS). Using information
provided by the U.S. Fish and Wildlife Service, CBO estimates
that updating the maps would have no significant effect on
spending subject to appropriation.
The bill would revise the CBRS maps for 35 units within the
system and would add, on net, about 18,000 acres to the system
(increasing the size of the CBRS by 0.5 percent). CBO expects
that the new maps would exclude lands containing about 500
structures, which would enable owners of those structures to
purchase flood insurance from the federal government. CBO
estimates that enacting H.R. 5787 could increase premium
collections of the National Flood Insurance Fund by less than
$1 million annually. On an expected-value basis those
collections, which are recorded as offsets to direct spending,
would be roughly offset by new mandatory spending for
underwriting, administrative expenses, and new flood insurance
claims over the 2019-2028 period.
Because enacting the bill could affect direct spending,
pay-as-you-go procedures apply. However, CBO estimates that any
net change in direct spending would be negligible over the
2019-2028 period. Enacting the bill would not affect revenues.
CBO estimates that enacting H.R. 5787 would not
significantly increase net direct spending or on-budget
deficits in any of the four consecutive 10-year periods
beginning in 2029.
H.R. 5787 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Coastal Barrier
Resources Act to give effect to more accurate maps of units of
the John H. Chafee Coastal Barrier Resources System that were
produced by digital mapping of such units.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
COASTAL BARRIER RESOURCES ACT
* * * * * * *
SEC. 4. ESTABLISHMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES
SYSTEM.
(a) Establishment.--There is established the John H. Chafee
Coastal Barrier Resources System, which shall consist of those
undeveloped coastal barriers and other areas located on the
coasts of the United States that are identified and generally
depicted on the maps on file with the Secretary entitled
``Coastal Barrier Resources System'', dated October 24, 1990,
as those maps may be replaced, modified, revised, or corrected
under--
(1) subsection (f)(3);
(2) section 4 of the Coastal Barrier Improvement Act
of 1990 (16 U.S.C. 3503 note; Public Law 101-591); or
(3) any other provision of law enacted on or after
November 16, 1990, that specifically replaces such a
map or authorizes the modification, revision, or
correction.
(b) System Maps.--
(1) In general.--The Secretary shall keep the maps
referred to in subsection (a) on file and available for
public inspection in the Office of the Director of the
United States Fish and Wildlife Service, and in such
other offices of that service as the Director considers
appropriate.
(2) Digital maps.--
(A) Availability.--The Secretary shall make
available to the public on the Internet web
site of the United States Fish and Wildlife
Service digital versions of the maps included
in the set of maps referred to in subsection
(a).
(B) Effect.--Any determination as to whether
a location is inside or outside the System
shall be made without regard to the digital
maps available under this paragraph, except
that this subparagraph does not apply with
respect to any printed version of such a
digital map if the printed version is included
in the maps referred to in subsection (a).
(c) Boundary Review and Modification.--At least once every 5
years, the Secretary shall review the maps referred to in
subsection (a) and shall make, in consultation with the
appropriate State, local, and Federal officials, such minor and
technical modifications to the boundaries of System units as
are necessary solely to reflect changes that have occurred in
the size or location of any System unit as a result of natural
forces.
(d) Additions to System.--The Secretary may add a parcel of
real property to the System, if--
(1) the owner of the parcel requests, in writing,
that the Secretary add the parcel to the System; and
(2) the parcel is an undeveloped coastal barrier.
(e) Addition of Excess Federal Property.--
(1) Consultation and determination.--Prior to
transfer or disposal of excess property under the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.) that may be an undeveloped
coastal barrier, the Administrator of General Services
shall consult with and obtain from the Secretary a
determination as to whether and what portion of the
property constitutes an undeveloped coastal barrier.
Not later than 180 days after the initiation of such
consultation, the Secretary shall make and publish
notice of such determination. Immediately upon issuance
of a positive determination, the Secretary shall--
(A) prepare a map depicting the undeveloped
coastal barrier portion of such property; and
(B) publish in the Federal Register notice of
the addition of such property to the System.
(2) Effective date of inclusion.--An area to be added
to the System under this subsection shall be part of
the System effective on the date on which the Secretary
publishes notice in the Federal Register under
paragraph (1)(B) with respect to that area.
(f) Maps.--The Secretary shall--
(1) keep a map showing the location of each boundary
modification made under subsection (c) and of each
parcel of real property added to the System under
subsection (d) or (e) on file and available for public
inspection in the Office of the Director of the United
States Fish and Wildlife Service and in such other
offices of the Service as the Director considers
appropriate;
(2) provide a copy of the map to--
(A) the State and unit of local government in
which the property is located;
(B) the Committees; and
(C) the Federal Emergency Management Agency;
and
(3) revise the maps referred to in subsection (a) to
reflect each boundary modification under subsection (c)
and each addition of real property to the System under
subsection (d) or (e), after publishing in the Federal
Register a notice of any such proposed revision.
(g) Guidelines for Certain Recommendations and
Determinations.--
(1) In general.--In making any recommendation to the
Congress regarding the addition of any area to the
System or in determining whether, at the time of the
inclusion of a System unit within the System, a coastal
barrier is undeveloped, the Secretary shall consider
whether within the area--
(A) the density of development is less than 1
structure per 5 acres of land above mean high
tide; and
(B) there is existing infrastructure
consisting of--
(i) a road, with a reinforced road
bed, to each lot or building site in
the area;
(ii) a wastewater disposal system
sufficient to serve each lot or
building site in the area;
(iii) electric service for each lot
or building site in the area; and
(iv) a fresh water supply for each
lot or building site in the area.
(2) Structure defined.--In paragraph (1), the term
``structure'' means a walled and roofed building, other
than a gas or liquid storage tank, that--
(A) is principally above ground and affixed
to a permanent site, including a manufactured
home on a permanent foundation; and
(B) covers an area of at least 200 square
feet.
(3) Savings clause.--Nothing in this subsection
supersedes the official maps referred to in subsection
(a).
* * * * * * *
[all]