Bolstering Ecosystems Against Coastal Harm Act

Bolstering Ecosystems Against Coastal Harm Act or the BEACH Act

This act modifies the coastal areas belonging to the John H. Chafee Coastal Barrier Resources System (CBRS) and which are, therefore, ineligible to receive federal financial assistance for land development. It also expands exceptions to this restriction, establishes additional requirements for agencies administering the CBRS, and requires a study relating to coastal barrier ecosystems.

Specifically, the act updates and replaces existing CBRS maps with maps recommended by the Fish and Wildlife Service (FWS) in a 2022 report to Congress titled John H. Chafee Coastal Barrier Resources System Hurricane Sandy Remapping Project. Affected coastal areas are located in 13 states: Connecticut, Delaware, Florida, Louisiana, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Rhode Island, South Carolina, and Virginia.

In addition, the act creates new exceptions to the limitation on federal financial assistance for certain (1) aquaculture operations (e.g., shellfish production) and (2) U.S. Army Corps of Engineers coastal storm risk management projects. The act also provides that insurable structures (i.e., walled and roofed buildings) that are on the ground in areas added to the CBRS within one year of enactment remain eligible for federal financial assistance. 

The act directs FWS to issue regulations requiring owners or lessors of real property in communities affected by the CBRS to disclose this information to prospective buyers or lessees.

Additionally, the act provides that FWS shall develop and finalize guidance relating to the expenditure of federal funds in emergency situations that threaten life, land, and property immediately adjacent to a system unit. The act also generally requires agencies that are involved with the CBRS to revise or issue regulations or guidance as necessary within one year of enactment.

Finally, the act directs FWS and the U.S. Geological Survey (USGS) to conduct a scientific evaluation of the dynamics of coastal barrier ecosystems. FWS and USGS must provide related recommendations for the CBRS to Congress.