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118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-421
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TO AMEND THE COASTAL BARRIER RESOURCES ACT TO CREATE AN EXEMPTION FOR
CERTAIN SHORELINE BORROW SITES
_______
March 12, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 524]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 524) to amend the Coastal Barrier Resources Act
to create an exemption for certain shoreline borrow sites,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. FEDERAL COASTAL STORM RISK MANAGEMENT PROJECTS.
Section 6(a) of the Coastal Barrier Resources Act (16 U.S.C. 3505(a))
is amended by adding at the end the following:
``(7) Use of a sand source within a System unit by Federal
coastal storm risk management projects or their predecessor
projects that have used a system unit for sand to nourish
adjacent beaches outside the System pursuant to section 5 of
the Act of August 18, 1941 (commonly known as the `Flood
Control Act of 1941') (55 Stat. 650, chapter 377; 33 U.S.C.
701n) at least once between December 31, 2008 and December 31,
2023 in response to an emergency situation prior to December
31, 2023.''.
Purpose of the Legislation
The purpose of H.R. 524 is to amend the Coastal Barrier
Resources Act to create an exemption for certain shoreline
borrow sites.
Background and Need for Legislation
Enacted in 1982, the Coastal Barrier Resources Act (CBRA)
established the John H. Chafee Coastal Barrier Resources System
(System), which is made up of undeveloped coastal barriers and
other areas of the eastern seaboard and the Gulf of Mexico.\1\
Section 5 of CBRA restricts the use of new federal funding that
may encourage development inside the system.\2\ The intention
of these restrictions is to ``minimize the loss of human life,
wasteful expenditure of federal revenues, and the damage to
fish, wildlife, and other natural resources associated with the
coastal barriers.''\3\
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\1\Pub. L. No. 97-348, Sec. 3, Oct. 18, 1982, 96 Stat. 1653.
\2\Id.
\3\Id.
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Section 6 of CBRA allows for certain exemptions to federal
funding restrictions in CBRA, including for non-structural
shoreline stabilization projects that are designed to mimic,
enhance, or restore a natural stabilization system.\4\ Many
coastal communities around the country use this exemption to
renourish their beaches on a regular basis in order to mitigate
the effects of beach erosion. However, due to a 2021
litigation-driven rulemaking decision by the Biden
Administration, the exemption under Section 6 must be read in
connection with the prohibition of expenditures of any kind
within the system under Section 5 of CBRA.\5\ This means that
federal beach renourishment projects cannot use sand from
within the system unless they are granted an emergency
exemption.
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\4\Id. Sec. 6(a)(6)(G).
\5\``Memorandum: Coastal Barrier Resources Act.'' Sarah Krakoff.
U.S. Department of the Interior. 7/14/2021. 20210714-CBRA-
Nonstructural-Shoreline-Stabilization-Legal-Memo.pdf (fws.gov).
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This interpretation of the exemption under Section 6 of
CBRA has left several coastal communities without an adequate
site to harvest sand for vital beach renourishment projects. In
some cases, these communities have been using the same System
areas for sand for decades. One of these communities is
Wrightsville Beach, North Carolina, which has used sand from
the Masonboro Inlet (inside the System) to renourish its beach
since the 1960s. Their latest renourishment project was
scheduled to take place in 2022. However, due to the 2021
interpretation of CBRA, the project was delayed.
Without the use of Masonboro Inlet, the town was forced to
locate an alternate site. A site was located 2.5 miles
offshore, but after surveying the site, the Corps found over
300,000 tires in the sand bed.\6\ These tires came from an
artificial reef created by the North Carolina Department of
Environmental Quality's Division of Marine Fisheries. The
presence of the tires delayed the renourishment project because
of the need for additional surveying and environmental
compliance. A few months after the Committee held a hearing on
H.R. 524, the town was given an emergency exemption to use
Masonboro Inlet an additional time to renourish their beach.
That project will begin in January 2024.\7\ H.R. 524 would
permanently allow the town to use Masonboro Inlet for beach
renourishment going forward.
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\6\Id.
\7\``As storm brew in the tropics, Wrightsville Beach nervously
waits for its beach renourishment.'' Gareth McGrath. Star News Online.
9/25/2023. Wrightsville Beach nourishment project approved after two
year delay (starnewsonline.com).
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According to technical assistance received from the U.S.
Army Corps of Engineers, the authorities provided in H.R. 524,
as amended, would apply in Carolina Beach, North Carolina;
Folly Beach, South Carolina; Stone Harbor, New Jersey, and
Saint Augustine, Florida.
Committee Action
H.R. 524 was introduced on January 25, 2023, by Rep. David
Rouzer (R-NC). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water, Wildlife and Fisheries. On May 10, 2023, the
Subcommittee on Water, Wildlife and Fisheries held a hearing on
the bill. On November 15, 2023, the Committee on Natural
Resources met to consider the bill. The Subcommittee on Water,
Wildlife and Fisheries was discharged from further
consideration of H.R. 524 by unanimous consent. Chairman Bruce
Westerman (R-AR) offered an amendment in the nature of a
substitute designated Westerman_066 ANS. Representative Jared
Huffman (D-CA) offered an amendment to the amendment in the
nature of a substitute designated Huffman #1--revised 2. The
amendment to the amendment in the nature of a substitute was
adopted by unanimous consent. The amendment in the nature of a
substitute, as amended, was adopted by unanimous consent. The
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Wildlife and Fisheries
held on May 10, 2023.
Section-by-Section Analysis
Section 1. Federal coastal storm risk management projects
Amends the Coastal Barrier Resources Act (16 U.S.C. 3505)
by clarifying that restrictions on federal funding do not apply
to federal funds obligated for the utilization of a sand source
within a System unit by Federal coastal storm risk management
projects or their predecessor projects if the source has been
used at least once between December 31, 2008, and December 31,
2023, in response to an emergency situation prior to December
31, 2023.
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 524 would amend the Coastal Barrier Reef Act to
establish an exception allowing federal financial assistance
for certain projects that remove and transport sand from the
Coastal Barrier Resource System (CBRS). The exception would
apply only to coastal areas that have previously received sand
from the CBRS for coastal storm risk management. Under current
law, most projects are prohibited from using sand from the CBRS
because the U.S. Fish and Wildlife Service (USFWS) identifies
those coastal areas as protected to preserve fish and wildlife
habitats and prevent loss of life or property.
In 2021, USFWS updated its guidance to prohibit removing
sand from the CBRS for restoration activities outside of that
system. After that guidance was updated, the Army Corps of
Engineers conducted such beach restoration projects either
through emergency exceptions to remove sand from the CBRS or by
identifying alternative sources of sand.
Using information from the Corps, CBO expects that
implementing the bill would not have a significant effect on
the resources needed for or the timing of ongoing projects. As
a result, CBO estimates that implementing the bill would not
have a significant cost; any spending would be subject to the
availability of appropriated funds.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
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 create an exemption for certain shoreline
borrow sites.
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.
Unfunded Mandates Reform Act Statement
According to the Congressional Budget Office, H.R. 524
contains no unfunded mandates as defined in the Unfunded
Mandates Reform Act.
Existing Programs
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.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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 italics and existing law in which no change is
proposed is shown in roman):
COASTAL BARRIER RESOURCES ACT
* * * * * * *
SEC. 6. EXCEPTIONS TO LIMITATIONS ON EXPENDITURES.
(a) In General.--Notwithstanding section 5, the appropriate
Federal officer, after consultation with the Secretary, may
make Federal expenditures and may make financial assistance
available within the System for the following:
(1) Any use or facility necessary for the
exploration, extraction, or transportation of energy
resources which can be carried out only on, in, or
adjacent to a coastal water area because the use or
facility requires access to the coastal water body.
(2) The maintenance or construction of improvements
of existing Federal navigation channels (including the
Intracoastal Waterway) and related structures (such as
jetties), including the disposal of dredge materials
related to such maintenance or construction.
(3) The maintenance, replacement, reconstruction, or
repair, but not the expansion, of publicly owned or
publicly operated roads, structures, or facilities that
are essential links in a larger network or system.
(4) Military activities essential to national
security.
(5) The construction, operation, maintenance, and
rehabilitation of Coast Guard facilities and access
thereto.
(6) Any of the following actions or projects, if a
particular expenditure or the making available of
particular assistance for the action or project is
consistent with the purposes of this Act:
(A) Projects for the study, management,
protection, and enhancement of fish and
wildlife resources and habitats, including
acquisition of fish and wildlife habitats and
related lands, stabilization projects for fish
and wildlife habitats, and recreational
projects.
(B) Establishment, operation, and maintenance
of air and water navigation aids and devices,
and for access thereto.
(C) Projects under chapter 2003 of title 54,
UnitedStates Code, and the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et
seq.).
(D) Scientific research, including
aeronautical, atmospheric, space, geologic,
marine, fish and wildlife, and other research,
development, and applications.
(E) Assistance for emergency actions
essential to the saving of lives and the
protection of property and the public health
and safety, if such actions are performed
pursuant to sections 402, 403, and 502 of the
Disaster Relief and Emergency Assistance Act
and section 1362 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4103) and are
limited to actions that are necessary to
alleviate the emergency.
(F) Maintenance, replacement, reconstruction,
or repair, but not the expansion (except with
respect to United States route 1 in the Florida
Keys), of publicly owned or publicly operated
roads, structures, and facilities.
(G) Nonstructural projects for shoreline
stabilization that are designed to mimic,
enhance, or restore a natural stabilization
system.
(7) Use of a sand source within a System unit by
Federal coastal storm risk management projects or their
predecessor projects that have used a system unit for
sand to nourish adjacent beaches outside the System
pursuant to section 5 of the Act of August 18, 1941
(commonly known as the ``Flood Control Act of 1941'')
(55 Stat. 650, chapter 377; 33 U.S.C. 701n) at least
once between December 31, 2008 and December 31, 2023 in
response to an emergency situation prior to December
31, 2023.
(b) Existing Federal Navigation Channels.--For purposes of
subsection (a)(2), a Federal navigation channel or a related
structure is an existing channel or structure, respectively, if
it was authorized before the date on which the relevant System
unit or portion of the System unit was included within the
System.
(c) Expansion of Highways in Michigan.--The limitations on
the use of Federal expenditures or financial assistance within
the System under subsection (a)(3) shall not apply to a
highway--
(1) located in a unit of the System in Michigan; and
(2) in existence on the date of the enactment of the
Coastal Barrier Improvement Act of 1990.
(d) Services and Facilities Outside System.--
(1) In general.--Except as provided in paragraphs (2)
and (3) of this subsection, limitations on the use of
Federal expenditures or financial assistance within the
System under section 5 shall not apply to expenditures
or assistance provided for services or facilities and
related infrastructure located outside the boundaries
of unit T-11 of the System (as depicted on the maps
referred to in section 4(a)) which relate to an
activity within that unit.
(2) Prohibition of flood insurance coverage.--No new
flood insurance coverage may be provided under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.) for any new construction or substantial
improvements relating to services or facilities and
related infrastructure located outside the boundaries
of unit T-11 of the System that facilitate an activity
within that unit that is not consistent with the
purposes of this Act.
(3) Prohibition of hud assistance.--
(A) In general.--No financial assistance for
acquisition, construction, or improvement
purposes may be provided under any program
administered by the Secretary of Housing and
Urban Development for any services or
facilities and related infrastructure located
outside the boundaries of unit T-11 of the
System that facilitate an activity within that
unit that is not consistent with the purposes
of this Act.
(B) Definition of financial assistance.--For
purposes of this paragraph, the term
'`financial assistance'' includes any contract,
loan, grant, cooperative agreement, or other
form of assistance, including the insurance or
guarantee of a loan, mortgage, or pool of
mortgages.
* * * * * * *
[all]
