Replaces the John H. Chafee Coastal Barrier Resources System map "Captain Sam's Inlet Unit M08" (an area in South Carolina) with a map of the unit entitled "John H. Chafee Coastal Barrier Resources System Captain Sam's Inlet Unit M08," increasing the size of the unit.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6389 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6389
To modify Captain Sam's Inlet Unit M08 of the John H. Chafee Coastal
Barrier Resources System in Charleston County, South Carolina, and to
revise the System map relating to the unit.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2008
Mr. Brown of South Carolina introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To modify Captain Sam's Inlet Unit M08 of the John H. Chafee Coastal
Barrier Resources System in Charleston County, South Carolina, and to
revise the System map relating to the unit.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The John H. Chafee Coastal Barrier Resources System
(the System) was created by Congress when it enacted the
Coastal Barrier Resources Act of 1982 (CBRA). The System is a
collection of specific areas of land and associated aquatic
habitats delineated on maps adopted by Congress.
(2) The System was expanded by amendments adopted in 1990
and currently contains 856 units and areas consisting of
approximately 3.1 million acres of undeveloped coastal land and
associated aquatic habitat.
(3) The original non-digital System maps were based on
information that is now between 18 and 26 years old and were
drawn without precision. Since 1990, to avoid inequities and to
correct mapping errors, Congress has enacted 17 public laws to
modify 43 units.
(4) The State of South Carolina has a well-established and
respected coastal management program to manage beachfront
development. The State's program is designed to protect
sensitive and fragile areas from inappropriate development and
to provide adequate environmental safeguards with respect to
the construction of facilities in the coastal zone.
(5) Between 1988 and 1999, State and local regulations did
not authorize development of the western end of Kiawah Island.
However, in 1999, South Carolina established a setback line
that represents a detailed analysis of long-term accretion
trends in the area. Establishment of the setback line
authorized development of a portion of Captain Sam's Inlet Unit
M08 that was previously not authorized for development. In
2005, the Town of Kiawah Island's Town Council adopted a
Development Agreement to authorize and regulate development of
the area.
(6) Kiawah Island is a world-renowned, environmental award
winning community known for responsible and sound development.
(7) Kiawah Island and the associated beach, dune, and
hummock habitats provide a range of opportunities to increase
the ecological health and value to numerous native plant and
animal species.
(8) To maintain the integrity of the System, the
modification of Captain Sam's Inlet Unit M08 described in
section 3 and the habitat enhancement actions described in
section 4 will increase the fish and wildlife habitat value of
the Unit and areas in proximity to the Unit.
(b) Purpose.--Congress declares that it is the purpose of this Act
to enhance the ecological value of Captain Sam's Inlet Unit M08 and
areas in proximity to the Unit by modifying the Unit in a manner that
adds 178 acres and removes approximately 61.5 acres which will soon be
developed using a very low density approach, and by encouraging
implementation of voluntary, supplemental ecological enhancement
projects. The Unit modification will enable all residents of the area
to be treated comparably.
SEC. 2. DESCRIPTION OF CAPTAIN SAM'S INLET UNIT M08.
(a) In General.--Captain Sam's Inlet Unit M08 includes the area
along Captain Sam's Inlet at Kiawah Island's western end. It was
created in 1982 and expanded in 1990. The Unit currently includes the
western end of Kiawah Island, neighboring fast land to the north and
associated aquatic habitat. Current acreage of the Unit is
approximately 1,182 acres, including roughly 200 acres of fast land and
982 acres of associated aquatic habitat.
(b) Unit M07/M07P or Bird Key.--A separate, much larger System unit
covers the eastern portion of Kiawah Island. That Unit, known as Unit
M07/M07P or Bird Key, is approximately 7,094 total acres, including
roughly 687 acres of fast land and 6,407 acres of associated aquatic
habitat.
SEC. 3. MODIFICATION OF CAPTAIN SAM'S INLET UNIT M08.
(a) Net Expansion.--The replacement map referenced in section 5
expands Unit M08 by 116 acres. The modified Unit increases in size from
approximately 1,182 total acres to approximately 1,299 total acres
(roughly 164 fast land and 1,135 associated aquatic habitat). The
modification represents a ratio of approximately 3 acres added:1 acre
removed.
(b) Specific Changes.--The replacement map referenced in section
5--
(1) adds 178 acres to the Unit--25 acres of land in the
northeastern corner of the Unit and 153 acres of associated
aquatic habitat; and
(2) removes 61.5 acres from the Unit--39 acres authorized
for development by the State in 1999 and rezoned by the Town of
Kiawah in 2005, and 22.5 acres on two adjacent islands.
SEC. 4. SUPPLEMENTAL PROJECTS TO ENHANCE ECOLOGICAL VALUE.
(a) Density Reductions and Conservation Easements.--
(1) There are existing entitlements for 44 dwelling units
on the 25 acres of fast land that are being added to the Unit.
To increase the habitat value of the modified Captain Sam's
Inlet Unit M08, the owners of this land have indicated a
willingness on a voluntary basis to reduce substantially these
entitlements and grant conservation easements to an appropriate
conservation organization.
(2) There are existing entitlements for 460 dwelling units
on the 61.5 acres that are being removed from the Unit. To
increase the habitat value of the modified Captain Sam's Inlet
Unit M08 and the area being removed from the Unit, the owners
of this land have indicated a willingness on a voluntary basis
to reduce substantially these entitlements and, as a result,
reduce allowable density.
(b) Ecological Enhancement.--
(1) A privately funded project is being developed to
increase the ecological health and habitat value of the
modified Captain Sam's Inlet Unit M08 and related habitat in
and around Kiawah Island. The South Carolina Department of
Natural Resources, the U.S. Fish and Wildlife Service, and
regional and local officials and interested conservation groups
are being consulted about project design and implementation.
(2) The project is being designed as a valuable public-
private partnership project to increase the overall ecological
value of habitats for a diversity of native fauna and flora.
Species likely to benefit will range from culturally and
ecologically significant plant species such as sweetgrass
(Muhlenbergia filipes), to indicator mammalian species such as
the bobcat (Felis rufus), and declining or threatened avian
species such as the piping plover (Charadrius melodus) and
painted buntings (Passerine ciris).
SEC. 5. REPLACEMENT OF COASTAL BARRIER RESOURCE SYSTEM MAP RELATING TO
CAPTAIN SAM'S INLET UNIT M08 IN CHARLESTON COUNTY, SOUTH
CAROLINA.
(a) In General.--The Coastal Barrier Resource System map of Captain
Sam's Inlet Unit M08 that is dated October 24, 1990, and included in
the set of maps referred to in section 4(a) of the Coastal Barrier
Resources Act (16 U.S.C. 3503(a)), is replaced by the map of the unit
entitled ``John H. Chafee Coastal Barrier Resources System Captain
Sam's Inlet Unit M08'' and dated March 2008.
(b) Availability.--The Secretary of the Interior shall keep the
replacement map referred to in subsection (a) on file and available for
inspection in accordance with section 4(b) of the Coastal Barrier
Resources Act (16 U.S.C. 3503(b)).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, and Oceans.
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