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 (H.R. 5490) wants to take care of beach areas by changing some rules to protect them better, like telling people if a property is in a special zone and using money to do it, but there are some tricky parts about how they define and use the money.
Summary AI
The bill, H.R. 5490, also known as the "Bolstering Ecosystems Against Coastal Harm Act" or the "BEACH Act," amends the Coastal Barrier Resources Act to enhance the John H. Chafee Coastal Barrier Resources System. It broadens the definitions and areas covered within the system, requires property owners to inform buyers if a property is in the system, and makes exceptions for certain federal expenditures, including emergency actions and sustainable aquaculture operations. Additionally, it authorizes funding and updates maps of the System, ensuring compliance from federal agencies and encouraging the study of coastal ecosystem dynamics to protect vulnerable areas from hazards like flooding and erosion.
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AnalysisAI
General Summary of the Bill
The proposed piece of legislation, known as the "Bolstering Ecosystems Against Coastal Harm Act" or "BEACH Act," aims to amend the Coastal Barrier Resources Act. The primary focus is on expanding the John H. Chafee Coastal Barrier Resources System. This expansion includes redefining certain terms, modifying regulations around financial assistance, ensuring Federal agency compliance, and revising maps associated with the system to reflect current conditions and areas of protection. Additionally, it introduces requirements for disclosing property location details to potential buyers and establishes a framework for evaluating coastal ecosystem dynamics to better safeguard against environmental hazards.
Summary of Significant Issues
Several issues emerge from the bill that warrant attention.
Ambiguity in Definitions and Terms: The bill introduces several definitions and modifies existing ones. The broad definition of "financial assistance," along with its exceptions, can lead to ambiguous interpretations. Similarly, the term "undeveloped coastal barrier" is subjective and lacks clear criteria, raising concerns about consistent enforcement.
Impact on Conservation Goals: By removing the term "undeveloped" from the Coastal Barrier Resources System's scope, there might be a significant shift in protection priorities. This could potentially redirect resources away from true conservation efforts toward areas that are already developed or partially developed.
Complex Process for Map Updates: The processes and criteria for updating or changing the maps for the Coastal Barrier Resources System are not clearly defined. This could lead to opacity and a lack of transparency, leaving stakeholders uncertain about how decisions are made.
Property Disclosure Requirements: The obligation for property owners or lessors to disclose information about a property's location within a system might impose financial burdens. This requirement lacks clarity on the affected areas, enforcement mechanisms, and penalties for non-compliance.
Funding Allocations Without Clear Usage: The bill authorizes funds for implementation, yet it does not detail how these funds should be allocated or used, potentially leading to inefficiencies or a lack of accountability regarding the spending.
Impact on the Public Broadly
For the general public, particularly those residing in coastal areas, this bill could offer improved protection against environmental hazards like flooding and erosion. By expanding the John H. Chafee Coastal Barrier Resources System, the bill aims to bolster defenses against natural disasters, which could potentially mitigate loss of life and property damage. However, due to the lack of clarity in definitions and processes, the effectiveness of these protections might not be uniform across different areas.
Impact on Specific Stakeholders
Property Owners and Developers: These stakeholders may face challenges due to the new regulations requiring disclosure about properties located in designated areas. The financial and administrative burdens of compliance might affect real estate transactions and property values.
Conservationists and Environmentalists: These groups could see the expansion of the Coastal Barrier Resources System as a victory for environmental protection. However, ambiguous language around "undeveloped" regions and financial assistance might raise concerns about the bill's true conservation impact.
Federal Agencies: Agencies tasked with implementing the bill's directives might experience operational challenges due to the need for new regulations and guidance. The lack of specified oversight mechanisms could lead to inconsistent compliance with the bill's provisions.
The BEACH Act, while well-intentioned in its aims to provide additional environmental protection and transparency, requires clearer definitions and processes to ensure its objectives are consistently met. Stakeholders might experience both challenges and benefits, depending on how effectively these issues are addressed during implementation.
Financial Assessment
The "Bolstering Ecosystems Against Coastal Harm Act" or the "BEACH Act" (H.R. 5490) outlines specific financial appropriations and expenditures related to the amendment of the Coastal Barrier Resources Act. Understanding the bill's financial elements and the issues they may present is crucial for evaluating its potential effectiveness and impact on ecosystems and federal spending.
Financial Appropriations
The BEACH Act authorizes specific funds to support its provisions. The bill states that "there is authorized to be appropriated to the Secretary to carry out this Act" $1,962,000 for each of the fiscal years 2025 through 2031. This funding is intended to facilitate the expansion of the John H. Chafee Coastal Barrier Resources System and improve compliance with the Coastal Barrier Resources Act.
The proposed appropriation follows a historical precedent set by an earlier authorization of $2,000,000 for each fiscal year from 2006 to 2010. However, the bill does not provide details on how these funds were, or new funds will be, specifically allocated or utilized. This omission can lead to ambiguity regarding the financial management and transparency of the appropriated funds.
Relation to Identified Issues
One critical issue related to financial references in the bill is the lack of clarity on how appropriated funds will be managed. This concern stems from the fact that while significant monetary allocations are outlined, the bill does not specify transparent criteria or oversight measures for spending these funds. Without clear guidelines, there is a risk of inefficient use or misallocation of resources, potentially undermining the Act's intentions of protecting vulnerable coastal areas.
Additionally, the broad and potentially ambiguous definition of "financial assistance" within the text could complicate financial oversight. The act mentions exclusions from "financial assistance" that may lead to varying interpretations, thus affecting how funds can be deployed or restricted. This uncertainty can contribute to inconsistent enforcement of the Act's provisions and challenges in achieving its conservation goals.
Lastly, the bill allows for exceptions to certain limitations on federal expenditures—such as using a "System unit" for sand in Federal coastal storm risk management projects. This exception could face scrutiny regarding its fairness and the criteria applied to approve such expenditures, possibly favoring specific projects without a transparent process. Thus, the financial aspects of the bill and related issues underscore the need for detailed regulatory guidance and clear financial accountability measures.
Issues
The removal of 'undeveloped' in definitions may alter the protection scope provided by the Coastal Barrier Resources System (Section 102), potentially affecting conservation goals and influencing developed or partially developed areas.
The definition of 'financial assistance' is broad and contains exclusions that may be interpreted ambiguously, leading to misinterpretation (Section 101).
The amendment refers to maps and sections that are not readily accessible or verifiable, causing potential confusion or difficulty in understanding the changes (Section 102).
The legislation allows Federal coastal storm risk management projects to use sand from a 'System unit,' favoring some areas or projects without transparent criteria (Section 104).
The definition of 'undeveloped coastal barrier' being subjective may lead to ambiguous interpretations and inconsistent enforcement (Section 101).
The process and criteria for approving changes to maps in the Coastal Barrier Resources System are undefined, leaving room for ambiguity or lack of transparency (Section 102).
The requirement for property disclosure might impose burdens on property owners, increasing costs without clear justification (Section 103).
There is no mention of oversight or accountability measures to ensure new regulations and guidance from federal agencies are adhered to, leading to potential inconsistent compliance (Section 105).
The lack of clarity on how appropriated funds will be allocated or used raises questions about the spending's necessity or effectiveness (Section 107).
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."