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 "Bolstering Ecosystems Against Coastal Harm Act" is a plan to help protect areas near the ocean from things like big storms and floods, making sure people know if their homes are in these risky areas, and setting aside some money to do this work until 2031.

Summary AI

H.R. 5490, known as the "Bolstering Ecosystems Against Coastal Harm Act" or the "BEACH Act," is a bill that amends the Coastal Barrier Resources Act to expand protection areas within the John H. Chafee Coastal Barrier Resources System. The bill makes changes to definitions and provisions about financial assistance and requires real estate sellers in affected areas to disclose risks to prospective buyers. It also improves compliance with existing regulations, evaluates coastal ecosystem dynamics to protect against hazards like flooding and rising sea levels, and authorizes specific funding until 2031 for these efforts. Additionally, the bill includes modifications to existing maps and designations of protected units within the system.

Published

2024-11-21
Congress: 118
Session: 2
Chamber: JOINT
Status: Enrolled Bill
Date: 2024-11-21
Package ID: BILLS-118hr5490enr

Bill Statistics

Size

Sections:
12
Words:
9,209
Pages:
16
Sentences:
234

Language

Nouns: 3,134
Verbs: 582
Adjectives: 144
Adverbs: 24
Numbers: 1,348
Entities: 899

Complexity

Average Token Length:
3.64
Average Sentence Length:
39.35
Token Entropy:
5.25
Readability (ARI):
18.52

AnalysisAI

General Summary of the Bill

This legislative document, officially titled the "Bolstering Ecosystems Against Coastal Harm Act" or the "BEACH Act," aims to amend the Coastal Barrier Resources Act. The primary focus is to expand the John H. Chafee Coastal Barrier Resources System, which is a network of undeveloped coastal barriers and other protected areas along the U.S. coastlines. The bill is structured in two main titles. Title I involves amendments related to definitions, disclosures, Federal compliance, spending exceptions, and ecosystem evaluation. Title II addresses updates to the maps that delineate the boundaries of the coastal barrier system.

Summary of Significant Issues

One key issue involves the broad definition of "financial assistance" in the bill. It includes many exclusions, yet the complexity of this section might lead to challenges in interpreting what qualifies as government support. This complexity could affect individuals and businesses impacted by these regulations.

Another concern is the removal of the term "undeveloped" when describing coastal barriers, which could potentially weaken conservation efforts. Originally, the emphasis might have been on protecting undeveloped lands, but these changes could blur the lines and extend protections meant for pristine areas to developed ones.

The requirements for real estate disclosure, particularly, present challenges with potential conflicts with state laws and added burdens on property owners. This could lead to legal and financial complications, especially as the scope of affected areas remains vague.

A further issue arises with the broad exception for "emergency actions" allowing certain federal expenditures. Without strict definitions or oversight, there is a risk of misuse of federal funds, diverging from the intended fiscal responsibility of the act.

The bill mandates federal agencies to update compliance regulations but lacks specific criteria, leaving room for varied interpretations and effectiveness across agencies. Additionally, while the bill calls for evaluation of coastal dynamics, it doesn't specify how it should be funded, potentially hindering its effectiveness.

Impact on the Public

For the general public, this bill could have both protective and financial implications. It aims to safeguard coastal barriers, which are crucial for protecting populated areas from natural disasters like hurricanes and flooding. These actions may enhance safety and reduce future costs associated with such natural disasters.

However, the financial complexity and regulatory burdens introduced may have indirect effects. If businesses or property owners face increased costs or legal challenges because of the new definitions and requirements, these costs might trickle down to consumers, affecting local economies and property markets.

Impact on Stakeholders

For environmental groups and conservationists, the bill presents positive strides toward enhancing protections for coastal ecosystems. The requirement for evaluating coastal ecosystem dynamics and the possibility of integrating scientific recommendations into policies could significantly benefit long-term environmental planning and resilience.

Real estate stakeholders, including developers, property owners, and lessors, might face challenges. New disclosure requirements could mean increased costs in terms of compliance and potential legal battles if state and federal regulations conflict. Additionally, property values in designated areas might fluctuate based on increased regulatory scrutiny.

Federal agencies responsible for implementing these regulations might face challenges related to resource allocation and developing new guidelines. The lack of specific criteria for compliance could lead to inefficiencies or contradictions in applying this legislation consistently.

In summary, while the BEACH Act encourages greater environmental protection and disaster preparedness, the execution of its clauses may present financial and administrative challenges to a range of stakeholders, from federal agencies to property owners. Being aware of these impacts can help stakeholders and the public prepare for the potential changes this legislation could bring about.

Financial Assessment

The "Bolstering Ecosystems Against Coastal Harm Act" (H.R. 5490) outlines various financial references and allocations related to the expansion of the John H. Chafee Coastal Barrier Resources System. This commentary will explore how these financial aspects are integrated into the bill and relate to identified issues.

Financial Allocations and Appropriations

The bill authorizes appropriations specifically for the implementation of its provisions. It specifies $1,962,000 to be appropriated annually for fiscal years 2025 through 2031. This funding allocation is intended to support the objectives of the Coastal Barrier Resources Act, which include protecting the United States' coastal barriers against the impacts of hazards such as flooding and sea-level rise.

Context of Financial References

Authorization of Appropriations

The authorized annual amount of $1,962,000 reflects a continuation of funding designed to implement the bill’s expanded scope of coastal barrier protection. However, the amount represents a decrease compared to previous years, specifically those between 2006 and 2010, when $2,000,000 was allocated annually. This reduction might suggest a misalignment with the bill's expanded goals, which raises concerns about whether the resources will be adequate to achieve the intended conservation and protection efforts effectively.

Issues and Financial References

Scope and Sufficiency of Funding

One of the issues outlined in the bill's analysis is the potential misalignment between the decreased funding and the expanded responsibilities of the system. The appropriated amount for 2025-2031 may not be sufficient considering the new additions and responsibilities highlighted by the act, such as required evaluations of coastal ecosystem dynamics and enhanced compliance measures.

The lack of explanation for the decrease in appropriation amounts might imply that legislators anticipate the expanded scope can be accomplished with fewer resources. However, without a clear rationale, there could be concerns regarding whether these funds will adequately meet the objectives laid out in the BEACH Act.

Funding for Evaluation and Implementation

Another issue raised concerns the evaluation of coastal ecosystem dynamics as mandated by Section 106. The bill does not provide explicit financial allocations for this task, which could impede the effective implementation of strategies to protect these ecosystems. Without designated funding, agencies might find it challenging to carry out thorough evaluations, which are crucial for mitigating coastal hazards.

Conclusion

Overall, the financial allocations specified in the Bolstering Ecosystems Against Coastal Harm Act aim to support the expansion and preservation of coastal barrier systems. However, the decrease in appropriations and the absence of specific allocations for certain tasks, like ecosystem evaluations, could impact the effectiveness of the act. Addressing these financial concerns is necessary to ensure that the bill fulfills its intended environmental and safety protections efficiently.

Issues

  • The amendment to the definition of 'financial assistance' in Section 101 could lead to ambiguity due to its broad definition and the complex exclusions it contains. This might result in challenges when interpreting what forms of government support fall under this definition, potentially affecting both individuals and businesses financially.

  • The removal of the term 'undeveloped' from the description of coastal barriers in Section 102 might alter the original intent of the Coastal Barrier Resources System, potentially weakening conservation efforts. This change could lead to areas that are already developed receiving protections meant for undeveloped regions, impacting development and conservation policies.

  • In Section 103, requiring disclosure of property locations within the Coastal Barrier Resources System imposes a burden on property owners and might conflict with existing state laws. The lack of clarity around community scope and regulatory compliance could lead to increased costs and legal complications for property owners.

  • The broad exception for 'Emergency actions' in Section 104 provides a loophole that might be exploited without clear criteria, potentially resulting in unnecessary or excessive spending of federal funds and undermining the intended fiscal restraints of the Coastal Barrier Resources Act.

  • Section 105 mandates federal agencies to revise regulations regarding compliance with the Coastal Barrier Resources Act. However, the lack of specific compliance criteria might lead to varying interpretations and applications across agencies, raising concerns about regulatory effectiveness and accountability.

  • Section 106 does not provide clear funding allocation or a timeline for the evaluation of coastal ecosystem dynamics. This might hinder effective implementation and delay necessary actions to mitigate coastal hazards, raising concerns about financial planning and policy prioritization.

  • The Authorization of appropriations in Section 107 does not explain the rationale for the funding decrease in recent years, potentially indicating a misalignment with the expanded scope of the Coastal Barrier Resources Act and creating concerns about the adequacy of resources to achieve program goals.

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."