Overview
Title
To amend the Coastal Barrier Resources Act to expand the John H. Chafee Coastal Barrier Resources System, and for other purposes.
ELI5 AI
The bill wants to make certain coastal areas bigger and safer by changing some rules, like asking people to tell new buyers about the coastal land's status and making new maps. It also gives some new ways to spend money to keep these areas protected until 2031.
Summary AI
The bill H. R. 5490, titled the "Bolstering Ecosystems Against Coastal Harm Act," seeks to amend the Coastal Barrier Resources Act to expand the John H. Chafee Coastal Barrier Resources System. It aims to enhance the protection of coastal areas by improving Federal agency compliance, requiring property disclosure to buyers, and updating maps for better depiction of the coastal barriers. Additionally, the bill allows for new exceptions to certain spending limitations and authorizes funding through 2031.
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AnalysisAI
The proposed legislation, titled the "Bolstering Ecosystems Against Coastal Harm Act" or the "BEACH Act," aims to modify the Coastal Barrier Resources Act. Its primary focus is to expand the John H. Chafee Coastal Barrier Resources System, a network of protected coastal areas meant to conserve precious ecosystems and mitigate the risks of coastal development on vulnerable natural landscapes.
General Summary of the Bill
The bill seeks to update and expand the existing system of coastal barriers, which are essential for protecting against the impacts of wave, tidal, and wind energies. This includes modifying the definitions for key terms related to coastal barriers and establishing clearer guidelines for what areas are included in the system. Additionally, the bill mandates disclosures for property sales within these protected areas, enhances compliance measures for federal agencies, and updates the official maps that delineate the boundaries of protected areas.
Summary of Significant Issues
A notable concern is the complexity surrounding the definition of "financial assistance." The term includes multiple exclusions, which could lead to misinterpretation. Similarly, the term "Otherwise Protected Area" relies on a definition tied to tax code references, adding unnecessary complexity. These factors could pose challenges to stakeholders unfamiliar with the intricacies of legal or financial frameworks.
Another issue stems from the changes to map regulations that allow for modifications without clear oversight, potentially leading to inconsistencies or disputes among affected parties. The removal of the term "undeveloped" from certain provisions could unwittingly broaden the scope of protected areas, resulting in land use conflicts or ecological impacts.
The requirement for property owners to disclose their property's inclusion in the coastal barrier system raises concerns over potential conflicts with state laws and the possible financial burdens on sellers or lessors. Moreover, enforcement of these disclosures and compliance with changes could lead to legal ambiguities without clearly defined penalties and regulations.
Impact on the Public
The BEACH Act has implications for both the general public and specific stakeholders. By expanding protected coastal areas, the bill aims to enhance environmental conservation efforts, which would benefit the public long-term by preserving natural habitats and reducing vulnerability to natural disasters. This expansion could help mitigate the impact of severe weather events, thereby protecting residential and recreation areas along coastlines.
For property owners within these regions, the bill presents potential challenges. The requirement to disclose property within the System might complicate real estate transactions and possibly depress property values if buyers perceive additional regulatory burden. Conversely, buyers might benefit from clear disclosures, gaining awareness of potential risks or restrictions associated with coastal properties.
Impact on Specific Stakeholders
Environmental organizations and conservationists may view the bill positively as a robust effort to protect ecosystems and reduce human impact on vulnerable areas. This could foster more significant support for conservation initiatives and establish stronger legal frameworks for ecosystem protection.
Developers, however, might face negative implications due to enhanced restrictions and regulatory requirements in coastal regions. Such constraints could result in increased costs and potential delays in development plans. Government agencies tasked with implementing these changes might also experience challenges due to complex compliance mandates, potentially requiring additional resources or revisions to existing operational frameworks.
Overall, while the BEACH Act offers significant environmental benefits, balancing regulatory complexity with practical enforcement remains essential to minimize adverse effects on stakeholders and ensure the legislation is both effective and equitable.
Issues
The lack of clarity in how the regulations will be enforced or what penalties might be applied for non-compliance could lead to legal ambiguities and reduce the effectiveness of the regulation. This is noted in Section 103.
The amendment allows for maps to be replaced, modified, revised, or corrected, which could lead to ambiguity or inconsistencies unless clearly defined guidelines or oversight mechanisms are established. This issue is highlighted in Section 102.
The definition of 'financial assistance' includes multiple exclusions that could be misinterpreted due to their complexity. This could lead to financial or legal challenges, as noted in Section 101.
The removal of 'undeveloped' in subsection (e) might broaden the scope of protected areas in expected or unexpected ways, leading to potential ecological impacts or land use disputes. This is mentioned in Section 102.
The term 'Otherwise Protected Area' relies on a 'qualified organization' defined by the Internal Revenue Code of 1986, which adds complexity and could make it difficult for stakeholders to interpret without additional context, as discussed in Section 101.
The text refers to maps on file with the Secretary, but it lacks clarification on public access or notification processes for changes, which might limit stakeholder engagement or transparency. This issue is relevant to Section 102.
The provision of disclosure to prospective buyers may burden property owners and cause conflicts with existing state laws, potentially affecting the real estate market. This issue is discussed in Section 103.
The amendment includes complex legal references, such as U.S.C. sections, that might hinder accessibility and understanding for non-experts, potentially excluding important stakeholders from the legislative process, as noted in Section 104.
The process for changing the names of map units, such as the renaming of 'Squaw Island Unit C14' to 'Halls Island Unit C14,' might lack adequate justification or explanation, leading to misunderstandings or controversies. This is mentioned in Section 201.
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 document outlines the contents of a bill concerning amendments to the Coastal Barrier Resources Act. It includes sections on definitions, requirements for notifying property buyers, exceptions to spending limits, improving federal compliance, and changes to 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 bill modifies the Coastal Barrier Resources Act by establishing the John H. Chafee Coastal Barrier Resources System, which includes undeveloped coastal areas in the U.S. as shown on specific maps. It also updates language regarding map notifications and removes the word "undeveloped" from certain parts of the law.
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 section amends the Coastal Barrier Resources Act to allow certain emergency actions for saving lives and protecting property during disasters and adjusts rules regarding new federal expenditures and flood insurance in protected areas. It specifies that federal flood insurance can be provided in these areas if used as intended, and outlines conditions for insurable structures, particularly those added to the system after a certain date.
105. Improve Federal agency compliance with Coastal Barrier Resources Act Read Opens in new tab
Summary AI
The bill requires that, within one year from the enactment of the Bolstering Ecosystems Against Coastal Harm Act, each federal agency affected by the Coastal Barrier Resources Act must update or create new regulations and guidance to ensure they comply with the law.
106. Authorization of appropriations Read Opens in new tab
Summary AI
The amendment changes Section 10 of the Coastal Barrier Resources Act to extend the authorization of funds from the year 2010 to 2031.
201. Changes to John H. Chafee Coastal Barrier Resources System maps Read Opens in new tab
Summary AI
The section outlines the updating of maps detailing parts of the John H. Chafee Coastal Barrier Resources System, with specific map titles and dates provided for each unit affected. It specifies that one particular unit will be renamed from "Squaw Island Unit C14" to "Halls Island Unit C14", and all future references in official documents should reflect this change.