Overview of Federal Project Consistency Consultations
The Coastal Barrier Resources Act (CBRA) established the John H. Chafee
Coastal Barrier Resources System (CBRS), a defined set of geographic units
along the Atlantic, Gulf of Mexico, Great Lakes, U.S. Virgin Islands, and
Puerto Rico coasts. Most new Federal expenditures and financial assistance
are prohibited within the CBRS, unless those activities qualify for an
exception under Section 6 of CBRA (16 U.S.C. § 3505). The U.S. Fish and
Wildlife Service (Service), through the Secretary of the Interior, is
responsible for administering CBRA which includes consulting with Federal
agencies that propose spending funds within the CBRS.
The Federal agency proposing to spend funds within the CBRS must send a
written request to the appropriate Service field office with a description
of the project or action, the location of the project or action, the
particular CBRA exception(s) that applies to the project or action, an
explanation of how the project or action meets that exception(s), and any
other supporting materials. It is the responsibility of the funding agency
to provide evidence that a proposed project or action meets an exception
under CBRA. It is the Service's responsibility to review the evidence
provided and respond to the funding agency as to whether or not the proposed
funding obligation qualifies for an exception under CBRA. 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.
The Section 6 exceptions are divided into two groups. The first group
only requires that the proposed funding is in fact for a project or action
that is a listed exception. The second group requires that the exception
also meet the three purposes of the CBRA. Those purposes are to minimize
the loss of human life, wasteful expenditure of Federal revenues, and the
damage to fish, wildlife, and other natural resources associated with
coastal barriers. For more information regarding the exceptions, see
the Limitations on and Exceptions
to Federal Expenditures web page.
Federal Regulations Referencing the CBRS
The following document lists Federal agency regulations relating to the
CBRS in the Code of Federal Regulations. This list may not be
comprehensive, and even if an agency does not have regulations relating to
CBRA, that agency may still have CBRA responsibilities.
Where to Find CBRS Maps and Digital Boundaries
Official Maps:
The official CBRS maps and statewide locator maps are available at
http://www.fws.gov/cbra/Maps/index.html.
Digital Boundaries:
The Service maintains an interactive
mapper and a CBRS boundaries shapefile
that is publicly available for download. The CBRS shapefile can be
incorporated into any GIS to view properties and project sites as they
relate to the CBRS. This data set is also available in KMZ format for use
in Google Earth. The CBRS digital data is provided for
informational purposes and is not recommended for making determinations as
to whether properties or project sites located close to a CBRS boundary
(within about 150 feet) are in or out of the CBRS. Additionally,
the seaward boundaries of the units are defined by either the 20’ or 30’
bathymetric contour depending on the location of the unit, so
the Service should be consulted for any projects
located offshore near a CBRS polygon.
Types of Units: System Units and Otherwise Protected Areas
There are two types of units within the CBRS, “System units” and
“Otherwise Protected Areas” (OPAs). The boundaries of System units are
generally intended to follow geomorphic, development, or cultural features
(e.g., wetland/upland interface, roads, etc.) and are depicted on the CBRS
maps with bold solid lines. Most new Federal expenditures and financial
assistance, including Federal flood insurance, are prohibited within System
units.
The boundaries of OPAs are generally intended to coincide with the
boundaries of conservation or recreation areas such as state parks and
national wildlife refuges. OPAs are depicted on the CBRS maps with
dotted/dashed lines and unit names followed by a “P” (e.g., FL-20P). The
only Federal spending prohibition within OPAs is the prohibition on Federal
flood insurance.
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