Federal Project Consistency Consultation Process

Federal agencies are required to consult with the U.S. Fish and Wildlife Service (Service) prior to committing funds for projects or actions within or affecting the Coastal Barrier Resources System (CBRS).  Coastal Barrier Resources Act (CBRA) consistency consultations are generally handled by the Service’s field offices.  A list of field office contact information can be found here.  Below is the general process and guidelines for CBRA consistency consultations.

Federal agencies must first determine whether a proposed project or action is located within a System unit or an Otherwise Protected Area (OPA) of the CBRS (see the Overview web page for information on obtaining CBRA maps and data for this purpose).  If a proposed project is located close to a CBRS boundary, the Federal funding agency may request assistance from the Service to determine whether the proposed project or action is located within the CBRS.  Further consultation with the Service is not needed if the proposed project or action is located within an OPA and is not related to Federal flood insurance.  The only Federal spending prohibition within OPAs is the prohibition on Federal flood insurance; other Federal expenditures are permitted.

If the proposed project or action is within or will affect a System unit, the Federal agency must consult with the Service to determine whether or not any of the Section 6 exceptions under CBRA (16 U.S.C. § 3505) are applicable.  If none of CBRA’s exceptions are applicable, the proposed project should not proceed with Federal funding.  The Service’s response to a consultation request is in the form of an opinion only.  The funding agency is responsible for complying with the provisions of CBRA.  A description of the limitations on federal expenditures and the exceptions to these limitations is available here.