Overview

Title

An Act To amend the Coastal Barrier Resources Act to expand the John H. Chafee Coastal Barrier Resources System, and for other purposes.

ELI5 AI

The BEACH Act is a plan to keep beaches and coastal areas safe from storms by protecting them better, making sure people know if they're buying land in these special places, and helping everyone build in a way that's good for nature. It sets aside some money each year to make these things happen.

Summary AI

H.R. 5490, known as the "Bolstering Ecosystems Against Coastal Harm Act" or the "BEACH Act," aims to amend the Coastal Barrier Resources Act. The bill seeks to expand the John H. Chafee Coastal Barrier Resources System, which identifies and protects coastal barrier ecosystems that guard against natural disasters like flooding and erosion. It also mandates disclosures for property buyers and outlines updates to federal regulations and maps to enhance coastal resilience and ensure sustainable development.

Published

2024-09-25
Congress: 118
Session: 2
Chamber: SENATE
Status: Placed on Calendar Senate
Date: 2024-09-25
Package ID: BILLS-118hr5490pcs

Bill Statistics

Size

Sections:
12
Words:
9,313
Pages:
42
Sentences:
242

Language

Nouns: 3,166
Verbs: 596
Adjectives: 149
Adverbs: 24
Numbers: 1,364
Entities: 886

Complexity

Average Token Length:
3.64
Average Sentence Length:
38.48
Token Entropy:
5.27
Readability (ARI):
18.12

AnalysisAI

The proposed bill, referred to as the "Bolstering Ecosystems Against Coastal Harm Act" or the "BEACH Act" (H.R. 5490), seeks to amend the existing Coastal Barrier Resources Act with the primary goal of expanding and enhancing the John H. Chafee Coastal Barrier Resources System. This act includes several measures aimed at better protecting undeveloped coastal areas to conserve natural resources and mitigate hazards associated with coastal development.

General Summary

The bill is structured into two main titles. Title I primarily focuses on amendments to the Coastal Barrier Resources Act, introducing or redefining key terms and establishing guidelines for the management of the John H. Chafee Coastal Barrier Resources System. It also mandates property disclosures, defines exceptions to spending restrictions, and requires Federal agencies to comply with these provisions by updating their regulations. Title II addresses changes to the system maps, reflecting new units or boundary changes, and emphasizes transparency by making these maps accessible to the public.

Summary of Significant Issues

One of the bill's significant challenges lies in its complex and sometimes ambiguous definitions, such as "financial assistance" and "undeveloped coastal barrier." These complexities may lead to challenges in interpretation and consistent implementation. The reliance on cross-referencing external documents, such as the Internal Revenue Code, compounds this difficulty.

Moreover, exceptions to expenditure limitations are written broadly, especially concerning emergency actions and new flood insurance within protected areas. Without careful oversight, these provisions could be misapplied, potentially undermining the bill's conservation goals.

Another area of concern is the lack of clear criteria or transparency in updating or modifying the system maps, which might allow substantial changes to protected areas without adequate scrutiny or public input.

Impact on the Public and Stakeholders

Broadly, the bill aims to serve the public by enhancing environmental protections and reducing the financial and human costs associated with natural disasters in coastal regions. By strengthening these barriers, the bill could mitigate coastal erosion and habitat loss, preserving these ecosystems for future generations.

For property owners and developers, the bill introduces new requirements, such as disclosing to potential buyers or lessees whether a property is within the System. This could enhance buyer awareness but might also complicate transactions or reduce property values in these areas.

Environmental organizations are likely to view the bill positively due to its emphasis on conservation and mitigation of coastal hazards. However, they might also express concerns about potential loopholes within the bill that could compromise environmental protections.

Conversely, some stakeholders, such as those in real estate and development, could experience increased regulations and restrictions, potentially leading to increased costs or reduced opportunities for development in designated areas.

Conclusion

In summary, while the BEACH Act aims to bolster protections for America's coastal resources, it also poses several implementation challenges linked to its complexity. Stakeholders in various sectors could experience a range of impacts, from strengthened environmental protections to increased regulatory burdens. Ensuring that the bill's provisions are clearly understood and consistently applied will be crucial for its success in achieving its conservation and risk mitigation objectives.

Financial Assessment

The Bolstering Ecosystems Against Coastal Harm Act highlights financial appropriations that are integral to its legislative objectives. Notably, Section 107 of the Act, which amends the Coastal Barrier Resources Act, specifies the authorization of funds. It outlines that $1,962,000 is authorized for each fiscal year from 2025 through 2031 for the Secretary of the Interior to implement the Act. This financial allocation is intended to support the expansion and management of the John H. Chafee Coastal Barrier Resources System, which aims to protect coastal ecosystems from natural disaster impacts.

Importantly, these funds serve multiple objectives as indicated by the Act, including enhancing coastal resilience, updating federal regulations, improving compliance with the Coastal Barrier Resources Act, and ensuring sustainable development along coastal barriers. The Act, however, provides historical context by mentioning previous appropriations of $2,000,000 annually for fiscal years 2006 through 2010. This comparison highlights a slight reduction in the current authorized amount, perhaps taking into account past expenditure evaluations and future budgetary constraints.

Addressing the identified issues, this financial allocation plays a crucial role in overcoming potential hurdles. For instance, the complexity and ambiguity in definitions such as "financial assistance" and "Otherwise Protected Area" might impact regulatory clarity and oversight. The authorized funds could therefore be instrumental in clarifying these definitions through further studies and updates, ensuring alignment with conservation efforts.

The bill's exceptions to financial expenditure limitations, particularly in emergency situations and new flood insurance for "Otherwise Protected Areas," underscore the necessity to use these funds judiciously. Without clear financial oversight and allocation, there remains a risk of exploiting these exceptions, which could undermine the protection goals intended by the Act.

The Act does not specifically allocate funds for the evaluation of coastal ecosystem dynamics, raising concerns about the practical implementation of such evaluations. The lack of earmarked financial resources could challenge the feasibility of conducting comprehensive evaluations and generating valuable insights for policy recommendations.

Overall, the money authorized by the Act is pivotal in ensuring the thorough application of its provisions. However, careful monitoring and strategic allocation of these funds are essential to address the complexities and ensure that the Act's conservation and sustainable development goals are effectively achieved.

Issues

  • The complexity and ambiguity in definitions such as 'financial assistance', 'Otherwise Protected Area', and 'undeveloped coastal barrier' (Sections 101 and 3) might lead to misinterpretations and could impact regulatory oversight and private property rights, potentially resulting in legal challenges or loopholes that undermine the objectives of the Act.

  • The definition of 'Otherwise Protected Area' relies heavily on cross-references to external legal documents, specifically the Internal Revenue Code of 1986 (Section 101), which could complicate understanding for stakeholders and result in difficulties during implementation, affecting conservation efforts.

  • The broad phrasing of exceptions to expenditure limitations, specifically related to 'emergency actions' and new flood insurance within 'Otherwise Protected Areas' (Section 104), might be exploited, potentially leading to misuse of Federal funds and inadequate protection of coastal barriers.

  • The lack of detailed criteria or transparency in the amendment process for maps and the establishment of the John H. Chafee Coastal Barrier Resources System (Section 102) may lead to significant alterations to protected areas without adequate oversight, affecting environmental conservation objectives.

  • There are no specified enforcement measures or penalties for non-compliance concerning the disclosure requirements to prospective buyers that property is in a 'System' (Section 103), which could lead to a lack of accountability and potential legal disputes.

  • The absence of a specified funding allocation or budget for the evaluation of coastal ecosystem dynamics (Section 106) raises concerns about the feasibility and effectiveness of carrying out the evaluation, potentially impacting findings and policy recommendations.

  • Ambiguity in the timeline and processes for compliance with new regulations and guidance, as required by Federal agencies (Section 105), could result in inconsistent implementation and reduced effectiveness across agencies.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this act provides its short title, stating that it may be referred to as the “Bolstering Ecosystems Against Coastal Harm Act” or simply the “BEACH Act”.

2. Table of contents Read Opens in new tab

Summary AI

The text outlines the sections and titles of a bill related to amendments to the Coastal Barrier Resources Act. Title I focuses on definitions, a system named after John H. Chafee, rules about buying property, and ensuring government compliance, while Title II deals with updating related maps.

101. Definitions Read Opens in new tab

Summary AI

The text defines key terms related to the Coastal Barrier Resources Act, such as "coastal barrier," which refers to natural features like barrier islands that protect aquatic habitats, and "financial assistance," which includes various forms of federal aid, except certain exclusions. It also clarifies the meanings of terms like "Great Lakes," "Otherwise Protected Area," "Secretary," "System," and "Undeveloped Coastal Barrier" in the context of the Act.

3. Definitions Read Opens in new tab

Summary AI

The section defines key terms used in the Act, such as "coastal barrier," which includes features and habitats that protect against waves, and "financial assistance," which refers to various forms of federal support, excluding certain types like insurance for bank customers. It also defines terms related to the Great Lakes, protected areas, and the Coastal Barrier Resources System, which is managed by the Secretary of the Interior.

102. John H. Chafee Coastal Barrier Resources System Read Opens in new tab

Summary AI

The section amends the Coastal Barrier Resources Act to establish the John H. Chafee Coastal Barrier Resources System, which contains undeveloped coastal barriers and other protected areas along the U.S. coastlines, as shown on specific maps. It also modifies language by removing the term "undeveloped" from certain descriptions and changes how updates about map availability are communicated.

103. Require disclosure to prospective buyers that property is in System Read Opens in new tab

Summary AI

The amendment to the Coastal Barrier Resources Act requires that within two years, the Secretary, along with the Secretary of Housing and Urban Development, must create rules mandating property owners or lessors to inform potential buyers or renters if their property is in an area affected by the Act.

104. Exceptions to limitations on expenditures Read Opens in new tab

Summary AI

The amendments to the Coastal Barrier Resources Act allow for certain exceptions to expenditure limitations, including emergency actions for saving lives and protecting public health and safety, specific aquaculture operations adhering to best practices, and use of sand for storm management projects under certain conditions. Additionally, the prohibitions on new Federal expenditures don't apply to insurable structures in newly added areas, granting a one-year grace period for Federal assistance after the addition is made.

105. Improve Federal agency compliance with Coastal Barrier Resources Act Read Opens in new tab

Summary AI

The bill requires each Federal agency affected by the Coastal Barrier Resources Act to update or create rules and guidelines within one year to ensure compliance with the Act. Additionally, the Secretary of the Interior, along with the Chief of Engineers of the Army Corps of Engineers, must establish guidelines within the same timeframe for using Federal funds in emergencies that threaten life, land, and property near a protected area.

106. Evaluation of coastal ecosystem dynamics Read Opens in new tab

Summary AI

The Secretary of the Interior, along with other federal agencies, will evaluate how the Coastal Barrier Resources Act can help reduce potential dangers and financial waste from threats like flooding and erosion to coastal areas. A report on this evaluation, including scientific data, case studies, and recommendations, will be submitted to Congress within two years, after a period for public comment.

107. Authorization of appropriations Read Opens in new tab

Summary AI

The section of the Coastal Barrier Resources Act authorizes funding for the Secretary to implement the Act, allotting $2,000,000 for each year from 2006 to 2010 and $1,962,000 for each year from 2025 to 2031.

Money References

  • Section 10 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is amended to read as follows: “SEC. 10. Authorization of appropriations. “There is authorized to be appropriated to the Secretary to carry out this Act— “(1) $2,000,000 for each of fiscal years 2006 through 2010; and “(2) $1,962,000 for each of fiscal years 2025 through 2031.”. ---

10. Authorization of appropriations Read Opens in new tab

Summary AI

The text authorizes the appropriation of specific funds to the Secretary to implement the Act, allocating $2,000,000 annually for fiscal years 2006 through 2010 and $1,962,000 annually for fiscal years 2025 through 2031.

Money References

  • There is authorized to be appropriated to the Secretary to carry out this Act— (1) $2,000,000 for each of fiscal years 2006 through 2010; and (2) $1,962,000 for each of fiscal years 2025 through 2031. ---

201. Changes to John H. Chafee Coastal Barrier Resources System maps Read Opens in new tab

Summary AI

The bill section outlines changes to maps in the John H. Chafee Coastal Barrier Resources System, replacing specific maps with new ones that include updates or reclassifications to various units. It also mentions the availability of these maps for inspection and designates a unit name change from "Squaw Island Unit C14" to "Halls Island Unit C14."