 Disaster Assistance
The Coastal Barrier Resources Act (CBRA) limitations and exceptions also
apply for new expenditures or financial assistance made available under
authority of the Stafford Act. There is an exception under Section 6 of
CBRA (16 U.S.C. § 3505(a)(6)(E)) for emergency actions essential to the
saving of lives and the protection of property and the public health and
safety if those actions are consistent with the three purposes of CBRA. The
Federal Emergency Management Agency’s (FEMA) regulations implementing CBRA
as that statue applies to disaster relief can be found at 44 CFR 206.340
through 206.349, located
here.
Emergency Disaster Assistance
Federal assistance for most emergency actions in a Federally-declared
disaster area which are essential to the saving of lives and the protection
of property and the public health and safety, are allowed within the Coastal
Barrier Resources System (CBRS), if those actions are consistent with the
three purposes of CBRA (16 U.S.C. § 3505(a)(6)(E)). The actions are limited
to those that are necessary to alleviate the emergency such as removal of
debris from public property; emergency restoration of essential community
services such as electricity, water or sewer; provision of emergency
shelter; relocation of individuals out of danger; etc. Since these
activities must be accomplished immediately, FEMA has conducted advance
consultations with the U.S. Fish and Wildlife Service (Service) for the
emergency work, and only an after the fact notification is provided. The
Service still has the responsibility for providing an opinion after these
activities have been accomplished.
Permanent Restoration Assistance
Most Federal funding for permanent restoration assistance is prohibited
within the CBRS unless the project or action meets one of the exceptions in
Section 6 of CBRA (16 U.S.C. § 3505). Federal funding may not be used
within System units to replace non-public roads, dredge new navigation
channels; provide structural beach or shoreline stabilization; expand
publicly owned or operated roads, structures, or facilities (e.g., sewer
lines or sewage plants, bridges and culverts); and for other projects or
actions that promote or provide for expanded development or services within
the CBRS. FEMA’s regulations (44 C.F.R. 206.348) require consultation with
the Service at the regional level before approving any action involving
permanent restoration of a facility or structure on or attached to a System
unit. The Service has 12 working days to respond to FEMA’s consultation
requests for permanent restoration assistance.
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