[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5490 Enrolled Bill (ENR)]
H.R.5490
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
An Act
To amend the Coastal Barrier Resources Act to expand the John H. Chafee
Coastal Barrier Resources System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bolstering Ecosystems Against
Coastal Harm Act'' or the ``BEACH Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COASTAL BARRIER RESOURCES ACT AMENDMENTS
Sec. 101. Definitions.
Sec. 102. John H. Chafee Coastal Barrier Resources System.
Sec. 103. Require disclosure to prospective buyers that property is in
System.
Sec. 104. Exceptions to limitations on expenditures.
Sec. 105. Improve Federal agency compliance with Coastal Barrier
Resources Act.
Sec. 106. Evaluation of coastal ecosystem dynamics.
Sec. 107. Authorization of appropriations.
TITLE II--CHANGES TO JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM
MAPS
Sec. 201. Changes to John H. Chafee Coastal Barrier Resources System
maps.
TITLE I--COASTAL BARRIER RESOURCES ACT AMENDMENTS
SEC. 101. DEFINITIONS.
Section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502) is
amended to read as follows:
``SEC. 3. DEFINITIONS.
``(a) In General.--For purposes of this Act:
``(1) Coastal barrier.--The term `coastal barrier' means--
``(A) a depositional geologic feature (such as a bay
barrier, tombolo, barrier spit, bluff, or barrier island)
that--
``(i) is subject to wave, tidal, and wind energies; and
``(ii) protects landward aquatic habitats from direct
wave attack; and
``(B) all associated aquatic habitats including the
adjacent wetlands, marshes, estuaries, inlets, and nearshore
waters.
``(2) Committees.--The term `Committees' means the Committee on
Natural Resources of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
``(3) Financial assistance.--
``(A) In general.--The term `financial assistance' means
any form of loan, grant, guaranty, insurance, payment, rebate,
subsidy, or any other form of direct or indirect Federal
assistance other than--
``(i) deposit or account insurance for customers of
banks, savings and loan associations, credit unions, or
similar institutions;
``(ii) the purchase of mortgages or loans by the
Government National Mortgage Association, the Federal
National Mortgage Association, or the Federal Home Loan
Mortgage Corporation;
``(iii) assistance for environmental studies, planning,
and assessments that are required incident to the issuance
of permits or other authorizations under Federal law; and
``(iv) assistance pursuant to programs entirely
unrelated to development, such as any Federal or federally
assisted public assistance program or any Federal old-age
survivors or disability insurance program.
``(B) Flood insurance.--The term `financial assistance'
includes flood insurance described in section 1321 of the
National Flood Insurance Act of 1968, as amended (42 U.S.C.
4028).
``(4) Great lakes.--The term `Great Lakes' means Lake Ontario,
Lake Erie, Lake Huron, Lake St. Clair, Lake Michigan, and Lake
Superior, to the extent that those lakes are subject to the
jurisdiction of the United States.
``(5) Otherwise protected area.--
``(A) In general.--The term `Otherwise Protected Area'
means any unit of the System that, at the time of designation,
was predominantly composed of areas established under Federal,
State, or local law, or held by a qualified organization,
primarily for wildlife refuge, wildlife sanctuary,
recreational, or natural resource conservation purposes.
``(B) Qualified organization.--For purposes of subparagraph
(A), the term `qualified organization' has the meaning given
the term in section 170(h)(3) of the Internal Revenue Code of
1986.
``(6) Secretary.--The term `Secretary' means the Secretary of
the Interior.
``(7) System.--The term `System' means the John H. Chafee
Coastal Barrier Resources System established under section 4(a).
``(8) System unit.--The term `System unit' means any
undeveloped coastal barrier, or combination of closely-related
undeveloped coastal barriers, included within the John H. Chafee
Coastal Barrier Resources System established under section 4(a).
``(9) Undeveloped coastal barrier.--The term `undeveloped
coastal barrier' means a coastal barrier the features and
associated habitats of which contain few manmade structures and
these structures, and man's activities on such features and within
such habitats, do not significantly impede geomorphic and
ecological processes.
``(b) Savings Clause.--Nothing in this section supersedes the
official maps described in section 4(a).''.
SEC. 102. JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM.
Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503) is
amended--
(1) in subsection (a), to read as follows:
``(a) Establishment.--There is established the John H. Chafee
Coastal Barrier Resources System, which shall consist of those
undeveloped coastal barriers and other areas located on the coasts of
the United States that are identified and generally depicted as System
units or Otherwise Protected Areas--
``(1) on the maps on file with the Secretary entitled `Coastal
Barrier Resources System', dated October 24, 1990;
``(2) on a map described in section 201(b) of the Bolstering
Ecosystems Against Coastal Harm Act; or
``(3) on a map described in paragraph (1) or (2) as such map
may be replaced, modified, revised, or corrected under--
``(A) subsection (f)(3);
``(B) section 4 of the Coastal Barrier Improvement Act of
1990 (16 U.S.C. 3503 note); or
``(C) any other provision of law enacted on or after
November 16, 1990, that specifically replaces or authorizes the
modification, revision, or correction of such a map.'';
(2) in subsection (e)--
(A) by striking ``an undeveloped coastal barrier'' each
place it appears and inserting ``a coastal barrier''; and
(B) in subparagraph (A), by striking ``undeveloped''; and
(3) in subsection (f)(2), in the matter preceding subparagraph
(A), by striking ``copy of the map'' and inserting ``notification
of the availability of the map''.
SEC. 103. REQUIRE DISCLOSURE TO PROSPECTIVE BUYERS THAT PROPERTY IS
IN SYSTEM.
Section 5 of the Coastal Barrier Resources Act (16 U.S.C. 3504) is
amended by adding at the end the following:
``(c) Disclosure of Limitations.--Not later than 2 years after the
date of the enactment of the Bolstering Ecosystems Against Coastal Harm
Act, the Secretary, in consultation with the Secretary of Housing and
Urban Development, shall issue regulations requiring the owner or
lessor of real property located in a community affected by this Act, as
determined by the Director of the United States Fish and Wildlife
Service, to disclose to a prospective buyer or lessee such location of
such real property.''.
SEC. 104. EXCEPTIONS TO LIMITATIONS ON EXPENDITURES.
Section 6 of the Coastal Barrier Resources Act (16 U.S.C. 3505) is
amended--
(1) in subsection (a)--
(A) in paragraph (6)--
(i) in subparagraph (E), to read as follows:
``(E) Emergency actions necessary to the saving of lives
and the protection of property and the public health and
safety, if such actions are performed pursuant to sections 402,
403, 407, and 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5173, 5192)
and are limited to actions that are necessary to alleviate the
applicable emergency.''; and
(ii) by adding at the end the following:
``(H) Aquaculture operations that--
``(i) produce shellfish (including oysters, clams, and
mussels), cultivate micro- or macro-algae, or do not
require the use of aquaculture feeds; and
``(ii) adhere to best management practices and
conservation measures recommended by the Secretary through
the consultation process referred to in this subsection.'';
and
(B) by adding at the end the following:
``(7) Use of a sand source within a System unit by Federal
coastal storm risk management projects or their predecessor
projects that have used a System unit for sand to nourish adjacent
beaches outside the System pursuant to section 5 of the Act of
August 18, 1941 (commonly known as the `Flood Control Act of 1941')
(55 Stat. 650, chapter 377; 33 U.S.C. 701n) at least once between
December 31, 2008 and December 31, 2023 in response to an emergency
situation prior to December 31, 2023.''; and
(2) by adding at the end the following:
``(e) Applicability to Otherwise Protected Areas.--
``(1) In general.--The prohibitions on new Federal expenditures
and financial assistance described in section 5(a) do not apply
within Otherwise Protected Areas except with respect to limitations
on new flood insurance coverage described in section 1321 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4028).
``(2) Exception.--Notwithstanding paragraph (1), new Federal
flood insurance may be provided for a structure in an Otherwise
Protected Area that is used in a manner consistent with the purpose
for which such Otherwise Protected Area is protected.
``(f) Applicability to Additions and Insurable Structures.--
``(1) Additions.--With respect to an addition to the System
made under section 4 on or after the date of the enactment of the
Bolstering Ecosystems Against Coastal Harm Act, subject to
paragraph (2), the prohibitions on new Federal expenditures and
financial assistance described in section 5(a) shall take effect on
the date that is 1 year after the date on which such addition is
made.
``(2) Insurable structures.--
``(A) In general.--The prohibitions on new Federal
expenditures and financial assistance described in section 5(a)
do not apply to an insurable structure.
``(B) Insurable structure defined.--In this subsection, the
term `insurable structure' means an insurable structure that
is--
``(i) located within an addition described in paragraph
(1); and
``(ii) in existence before the expiration of the
applicable 1-year period described in paragraph (1).''.
SEC. 105. IMPROVE FEDERAL AGENCY COMPLIANCE WITH COASTAL BARRIER
RESOURCES ACT.
(a) In General.--Section 7(a) of the Coastal Barrier Resources Act
(16 U.S.C. 3506(a)) is amended to read as follows:
``(a) Regulations.--Not later than 1 year after the date of the
enactment of the Bolstering Ecosystems Against Coastal Harm Act, the
head of each Federal agency affected by this Act shall revise or issue
regulations and guidance as necessary to ensure compliance with the
provisions of this Act.''.
(b) Guidance for Expenditure of Federal Funds in Emergency
Situations.--Not later than 1 year after the date of the enactment of
this Act, the Secretary of the Interior, in consultation with the Chief
of Engineers of the Army Corps of Engineers, shall develop and finalize
guidance relating to the expenditure of Federal funds pursuant to the
exception described in section 5(a)(3) of the Coastal Barrier Resources
Act (16 U.S.C. 3504(a)(3)) for emergency situations that threaten life,
land, and property immediately adjacent to a System unit (as defined in
subsection (a) of section 3 of that Act (16 U.S.C. 3502)).
SEC. 106. EVALUATION OF COASTAL ECOSYSTEM DYNAMICS.
(a) In General.--The Secretary, in consultation with the heads of
other appropriate Federal agencies, shall evaluate the means and
measures by which the Coastal Barrier Resources Act (16 U.S.C. 3501 et
seq.) could be used to further the purposes of minimizing the loss of
human life, wasteful expenditure of Federal revenues, and the damage to
fish, wildlife, and other natural resources associated with coastal
barriers that are and will be vulnerable to coastal hazards, including
flooding, storm surge, wind, erosion, and sea level rise.
(b) Report.--
(1) In general.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Natural Resources of the House of Representatives and the
Committee on Environment and Public Works of the Senate a report
describing the results of the evaluation carried out under
subsection (a).
(2) Contents.--The report required under paragraph (1) shall
include--
(A) a summary of the best available scientific information
regarding the dynamics of coastal barrier ecosystems, including
the impacts of coastal hazards, including flooding, storm
surge, wind, erosion, and sea level rise, on coastal barriers
and changing coastal barrier geomorphology;
(B) case studies applying the information described in
subparagraph (A) to a sample of United States coastal barrier
areas; and
(C) recommendations on ways to further the purpose of the
Coastal Barrier Resources Act as described in section 2(b) of
that Act (16 U.S.C. 3501(b)), including integrating information
generated pursuant to subparagraphs (A) and (B) into guiding
principles or into guidelines for recommendations and
determinations pursuant to section 4(g) of that Act (16 U.S.C.
3503(g)).
(c) Review.--The Secretary shall prepare the report required under
subsection (b) after--
(1) providing notice and an opportunity for the submission of
public comment; and
(2) considering any public comments submitted under paragraph
(1).
(d) Definitions.--In this section:
(1) Coastal barrier.--The term ``coastal barrier'' has the
meaning given the term in section 3 of the Coastal Barrier
Resources Act (16 U.S.C. 3502), as amended by this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Directors of the United States
Fish and Wildlife Service and the United States Geological Survey.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
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.''.
TITLE II--CHANGES TO JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM
MAPS
SEC. 201. CHANGES TO JOHN H. CHAFEE COASTAL BARRIER RESOURCES
SYSTEM MAPS.
(a) Replacement Maps Described.--Each map included in the set of
maps referred to in section 4(a)(1) of the Coastal Barrier Resources
Act (16 U.S.C. 3503(a)(1)), as amended by this section, that relates to
a unit of the John H. Chafee Coastal Barrier Resources System
established by section 4 of the Coastal Barrier Resources Act (16
U.S.C. 3503) referred to in this subsection is replaced in such set
with the map described in the following list with respect to that unit
and any other new or reclassified units depicted on that map panel:
(1) The map entitled ``Salisbury Beach Unit MA-01P Plum Island
Unit MA-02P (1 of 2)'' and dated December 18, 2020.
(2) The map entitled ``Clark Pond Unit C00 Plum Island Unit MA-
02P (2 of 2) Castle Neck Unit MA-03 Wingaersheek Unit C01 (1 of
2)'' and dated December 18, 2020.
(3) The map entitled ``Wingaersheek Unit C01 (2 of 2) Good
Harbor Beach/Milk Island Unit C01A Cape Hedge Beach Unit MA-48
Brace Cove Unit C01B'' and dated December 18, 2020.
(4) The map entitled ``West Beach Unit MA-04 Phillips Beach
Unit MA-06'' and dated December 18, 2020.
(5) The map entitled ``Snake Island Unit MA-08P, Squantum Unit
MA-09P Merrymount Park Unit MA-10P West Head Beach Unit C01C/C01CP
Peddocks/Rainsford Island Unit MA-11/MA-11P'' and dated December
18, 2020.
(6) The map entitled ``Cohassett Harbor Unit MA-12 North
Scituate Unit C02P Rivermoor Unit C03'' and dated December 18,
2020.
(7) The map entitled ``Rexhame Unit C03A Duxbury Beach Unit MA-
13/MA-13P (1 of 2)'' and dated December 18, 2020.
(8) The map entitled ``Duxbury Beach Unit MA-13/MA-13P (2 of 2)
Plymouth Bay Unit C04'' and dated December 18, 2020.
(9) The map entitled ``Center Hill Complex C06 Scusset Beach
Unit MA-38P Town Neck Unit MA-14P'' and dated December 18, 2020.
(10) The map entitled ``Scorton Unit C08 Sandy Neck Unit C09/
C09P (1 of 2)'' and dated December 18, 2020.
(11) The map entitled ``Sandy Neck Unit C09/C09P (2 of 2)
Chapin Beach Unit MA-15P'' and dated December 18, 2020.
(12) The map entitled ``Nobscusset Unit MA-16 Freemans Pond
Unit C10'' and dated December 18, 2020.
(13) The map entitled ``Provincetown Unit MA-19P (1 of 2)'' and
dated December 18, 2020.
(14) The map entitled ``Provincetown Unit MA-19P (2 of 2) Pamet
Harbor Unit MA-18AP Ballston Beach Unit MA-18P'' and dated December
18, 2020.
(15) The map entitled ``Griffin/Great Islands Complex MA-17P
Lieutenant Island Unit MA-17AP'' and dated December 18, 2020.
(16) The map entitled ``Namskaket Spits Unit C11/C11P Boat
Meadow Unit C11A/C11AP Nauset Beach/Monomoy Unit MA-20P (1 of 3)''
and dated December 18, 2020.
(17) The map entitled ``Nauset Beach/Monomoy Unit MA-20P (2 of
3) Harding Beach Unit MA-40P Chatham Roads Unit C12/C12P Red River
Beach Unit MA-41P'' and dated December 18, 2020.
(18) The map entitled ``Nauset Beach/Monomoy Unit MA-20P (3 of
3)'' and dated December 18, 2020.
(19) The map entitled ``Davis Beach Unit MA-23P Lewis Bay Unit
C13/C13P'' and dated December 18, 2020.
(20) The map entitled ``Squaw Island Unit C14 Centerville Unit
C15/C15P Dead Neck Unit C16 (1 of 2)'' and dated December 18, 2020.
(21) The map entitled ``Dead Neck Unit C16 (2 of 2) Popponesset
Spit Unit C17 Waquoit Bay Unit C18 Falmouth Ponds Uni