Coastal Barrier Resources Act

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Property Buyouts within the CBRS

The Coastal Barrier Resources Act (CBRA) provides an exception to the prohibition of the expenditure of Federal funds within the Coastal Barrier Resources System (CBRS) for "projects for the study, management, protection, and enhancement of fish and wildlife resources and habitats, including acquisition of fish and wildlife habitats and related lands, stabilization projects for fish and wildlife habitats, and recreational projects, so long as the the action or project is consistent with the purposes of CBRA (16 U.S.C. 3505(a)(6)(A)).

An acquisition in a CBRS unit is eligible under all Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance (HMA) programs if the project is otherwise eligible under the requirements of 44 CFR and the Hazard Mitigation Assistance Unified Guidance and is consistent with the purposes of CBRA, as provided in 16 U.S.C. 3505(a)(6)(A) and 44 CFR Section 206.345.  The HMA programs consist of the Pre-Disaster Mitigation (PDM) Program, Hazard Mitigation Grant Program (HMGP), and Flood Mitigation Assistance (FMA) Program.  Acquisitions are subject to the regulatory restrictions of allowable uses under 44 CFR Section 80.19.  Any structure that is relocated must be placed outside of the Special Flood Hazard Area and outside any regulatory erosion zone or other mapped hazard area, and the relocation must conform to any other applicable State or local land use regulations.

For more information on FEMA's HMA Program, please visit:  http://www.fema.gov/hazard-mitigation-assistance.

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