Overview
Title
An Act To amend the Coastal Barrier Resources Act to make improvements to that Act, and for other purposes.
ELI5 AI
The bill is like a new rulebook for taking care of special beach areas, making sure they're safe and protected. It also asks for more money to help pay for these protections, but it doesn't explain why this extra money is needed.
Summary AI
S. 2958, titled the "Strengthening Coastal Communities Act of 2023," amends the Coastal Barrier Resources Act. The bill aims to enhance protection for coastal areas by introducing new definitions and refining existing maps related to the John H. Chafee Coastal Barrier Resources System. It calls for a pilot project to identify vulnerable coastal regions and proposes updated criteria and maps for these areas. Additionally, the bill outlines new exemptions and requirements such as the disclosure of properties within protected areas and clarifies federal spending limitations.
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AnalysisAI
The "Strengthening Coastal Communities Act of 2023" is a legislative proposal aimed at amending the Coastal Barrier Resources Act to enhance its effectiveness in protecting coastal regions in the United States. The bill includes various provisions to improve definitions, pilot projects, and mapping of coastal areas vulnerable to environmental hazards. It also proposes changes in federal expenditure limitations and addresses the importance of disclosure to potential property buyers about the inclusion of their properties in designated coastal protection systems.
General Summary
This bill seeks to amend existing laws that protect coastal areas primarily to make them more adaptable to modern needs related to conservation and hazard management. It includes provisions for updating definitions, initiating pilot projects for hazard assessment, and revising maps to incorporate more comprehensive data. Additionally, the bill addresses the need for transparency related to property transactions in these areas. It also proposes an increase in available funding to further these initiatives from 2024 to 2028.
Summary of Significant Issues
Several critical issues have been identified with the bill's provisions:
Definition and Clarity: The bill's reliance on the term "Otherwise Protected Area" and its reference to other federal codes might create confusion, leading to arbitrary interpretations and complicating its conservation goals.
Coastal Hazard Pilot Project: The absence of clear timelines and cost estimates for the pilot project raises concerns about potential delays and financial inefficiencies.
Federal Expenditure Exceptions: Amendments allowing exceptions to federal expenditure prohibitions within protected areas may lead to excessive spending without clear guidelines.
Property Disclosure Requirement: The long timeline for implementing property disclosure regulations might result in delayed transparency for prospective homebuyers.
Regulatory Revisions: The bill's call for revisions in compliance regulations without specifying necessity criteria may lead to unclear regulatory actions.
Increased Funding: The hike in approved funding from $2 million to $3 million annually lacks explicit justification, raising concerns of potential unnecessary spending.
Impact on the Public and Stakeholders
Public Impact: Generally, the bill could enhance environmental protection and hazard preparedness in coastal areas, potentially benefiting communities by reducing exposure to coastal risks like flooding and erosion. However, the lack of clarity in definitions and timelines might introduce uncertainties that could impede the efficient implementation of protective measures.
Impact on Stakeholders:
Coastal Property Owners: The mandate requiring disclosure of properties' inclusion in the protection system could lead to better-informed property transactions. However, the delayed implementation might temporarily obscure significant information affecting property values and insurance premiums.
Conservation Organizations: These groups might view the bill positively for its strengthening of coastal resource protections, though concerns about potentially unclear guidelines and funding could complicate collaborative efforts.
Government Agencies: Federal agencies responsible for implementing the bill’s provisions might face challenges due to ambiguous definitions and broad regulatory change mandates, potentially leading to inconsistent policy application.
Local and State Governments: These bodies might appreciate the increased funding and support for protective projects, but unclear criteria for expenditure or project initiation could limit effective planning and decision-making.
In conclusion, while the bill has the potential to significantly improve coastal protection and management, various unresolved issues may need addressing to ensure clarity, efficiency, and fairness in its application and impact.
Financial Assessment
The bill S. 2958, titled the "Strengthening Coastal Communities Act of 2023," involves financial allocations primarily in Section 109, which discusses the authorization of appropriations. The bill aims to amend the Coastal Barrier Resources Act to improve protections for coastal areas, introducing several changes and projects that inherently involve financial considerations. Here's a closer look into the financial aspects referenced within the bill:
Financial Allocations and Authorizations
- Authorized Appropriations: The bill increases the authorized appropriations from $2,000,000 to $3,000,000 for each fiscal year from 2024 through 2028. This adjustment reflects an escalation in financial commitment toward implementing the provisions of the Coastal Barrier Resources Act as amended by this bill. The increase in funding could support new projects, operational costs, and enhanced mapping activities outlined in the bill.
Relations to Issues Identified
Lack of Justification: One of the identified issues is the increase in authorized appropriations from $2,000,000 to $3,000,000, which lacks explicit justification within the text. Without clear reasoning or evidence demonstrating the need for increased funding, there could be potential criticism concerning financial waste or unnecessary expenditure. This concern aligns with questions about effective financial governance and the necessity of increased funds in supporting the goals detailed in the bill.
Potential for Unchecked Spending: The bill discusses various projects, such as the coastal hazard pilot project, which may lack detailed timelines and cost estimates. This can lead to unchecked spending if the appropriations and allocations are not thoroughly planned and regulated. The absence of clear financial criteria in these sections may augment concerns about financial inefficiencies, making it crucial that any increased appropriations are matched with rigorous oversight and accountability measures.
In summary, while the bill authorizes an increase in funding for enhancing coastal protections, there is a noteworthy absence of detailed financial plans or justifications accompanying this increase. This inconsistency raises questions about the possible fiscal implications and the effectiveness of the proposed amendments in using the allocated funds efficiently and transparently.
Issues
The definition of 'Otherwise Protected Area' in Section 101 and its reliance on cross-referencing another federal code may lead to subjective interpretations, complicating legal clarity for stakeholders and potentially impacting the implementation of conservation measures.
Section 102's description of the coastal hazard pilot project and mapping requirements lacks clear timelines, cost estimates, and criteria for identifying vulnerable areas, which could result in delayed implementation and unchecked spending, risking financial inefficiencies.
Section 104's provision on exceptions to federal expenditure prohibitions within 'Otherwise Protected Areas' and 'new additions to the System' could lead to excessive Federal expenditures without clear guidelines, potentially resulting in wasteful spending.
The requirement in Section 105 for disclosure to prospective buyers of properties in the Coastal Barrier Resources System may face criticism for taking up to 2 years to implement, potentially delaying necessary transparency in real estate transactions.
Section 108 involves revisions to regulations without specifying the necessity criteria, which could lead to unclear or arbitrary regulatory actions, impacting federal agency compliance and stakeholder understanding.
The increase in authorized appropriations from $2,000,000 to $3,000,000 annually in Section 109 comes without clear justification, raising concerns about potential for unnecessary spending without demonstrable need.
Section 106's guidance for emergencies adjacent to the System lacks oversight or accountability measures, which may permit unchecked expenditure of Federal funds and potentially exclude equally vulnerable areas not directly adjacent to System units.
The complex language in Section 107 referring to multiple unrelated U.S.C. codes without context might complicate the understanding of 'emergency actions' and could lead to broad or inconsistent interpretations, impacting policy effectiveness.
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; table of contents Read Opens in new tab
Summary AI
The Strengthening Coastal Communities Act of 2023 outlines its purpose and structure in this section. It includes a short title and a table of contents listing the parts of the Act, such as amendments to the Coastal Barrier Resources Act and updates to related maps.
101. Definitions Read Opens in new tab
Summary AI
The section revises the Coastal Barrier Resources Act by organizing definitions, modifying terms to make them clearer, and adding the definition of "Otherwise Protected Area," which refers to areas designated primarily for conservation or recreational purposes under federal, state, or local law or held by qualified organizations. It also clarifies that these changes do not alter the official maps related to the Act.
102. Coastal hazard pilot project Read Opens in new tab
Summary AI
The bill section describes a coastal hazard pilot project in which the Secretary of the Interior, along with other federal and state officials, will create maps identifying areas vulnerable to coastal hazards and possibly add them to an existing coastal protection system. Within two years, a report must be submitted to Congress detailing the project's findings, proposed definitions and criteria, and the cost of mapping the entire system, and this will be developed in consultation with state governors and after soliciting public comments.
103. John H. Chafee Coastal Barrier Resources System Read Opens in new tab
Summary AI
The amendments to the Coastal Barrier Resources Act clarify the designation of certain areas as part of the resources system and update the language regarding the availability of maps. They also redefine the term "undeveloped coastal barrier" to include any coastal barrier, regardless of its development level, when referring to excess federal property.
104. Nonapplicability of prohibitions to otherwise protected areas and structures in new additions to the System Read Opens in new tab
Summary AI
The section amends the Coastal Barrier Resources Act to specify that federal prohibitions on spending and financial assistance will not apply in protected areas, except for some limitations like flood insurance coverage. It also details the treatment of existing insurable structures in new additions to the system, allowing such structures to receive federal support under certain conditions.
105. Require disclosure to prospective buyers that property is in the Coastal Barrier Resources System Read Opens in new tab
Summary AI
The section mandates that within two years of the enactment of the Strengthening Coastal Communities Act of 2023, the Secretary must create rules requiring sellers or lessors to inform potential buyers or tenants if a property is located in a community impacted by the Coastal Barrier Resources Act, according to the U.S. Fish and Wildlife Service's determination.
106. Guidance for emergencies adjacent to the System Read Opens in new tab
Summary AI
The section requires the Secretary of the Interior, working with the Chief of Engineers, to create and complete guidelines within a year for using federal funds in emergencies that threaten life, land, and property near certain protected areas called System units.
107. Exceptions to limitations on expenditures Read Opens in new tab
Summary AI
The section outlines various amendments to the Coastal Barrier Resources Act, allowing for exceptions to spending limits during emergencies. It includes provisions for actions necessary to save lives and protect property in emergencies, supports certain aquaculture operations if they follow recommended practices, and permits sourcing sediment for storm risk projects when meeting specific historical use criteria and responding to federally declared disasters.
108. Improve Federal agency compliance with Coastal Barrier Resources Act Read Opens in new tab
Summary AI
The bill updates the Coastal Barrier Resources Act to require federal agencies to follow the new Strengthening Coastal Communities Act of 2023 and allows them to update or create necessary regulations and guidance. It also fixes a reference by changing "Committee on Resources" to "Committee on Natural Resources".
109. Authorization of appropriations Read Opens in new tab
Summary AI
The section amends the Coastal Barrier Resources Act to increase the authorized funding from $2,000,000 to $3,000,000 for each fiscal year from 2024 to 2028.
Money References
- Section 10 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is amended by striking “$2,000,000” and all that follows through the period at the end of the sentence and inserting “$3,000,000 for each of fiscal years 2024 through 2028.”. ---
201. Changes to John H. Chafee Coastal Barrier Resources System maps Read Opens in new tab
Summary AI
The section updates the maps for the John H. Chafee Coastal Barrier Resources System, replacing existing maps with new versions and adding new maps to the set. These maps are to be kept on file and accessible by the Secretary of the Interior as per the Coastal Barrier Resources Act.