The Coastal Barrier Resources Act (CBRA) established the exceptions under the CBRA.(CBRS), a defined set of geographic units along the Atlantic, Gulf of Mexico, Great Lakes, U.S. Virgin Islands, and Puerto Rico coasts. The CBRA encourages the conservation of hurricane prone and biologically rich . No new federal expenditures or financial assistance may be made available within the System Units of the CBRS, including: construction or purchase of roads, structures, facilities, or related infrastructure, and most projects to prevent the erosion of or otherwise stabilize any inlet, shoreline, or inshore area. However, a federal agency, after consultation with the U.S. Fish and Wildlife Service (Service), may make federal expenditures and financial assistance available within System Units for activities meeting one of the
There are two types of units within the CBRS, System Units and Otherwise Protected Areas (OPAs). OPAs are denoted with a “P” at the end of the unit number (e.g., “FL-64P”). Most new federal expenditures and financial assistance, including federal flood insurance, are prohibited within System Units. The only federal spending prohibition within OPAs is on federal flood insurance; other federal expenditures are permitted. Consultation with the Service is not needed if the proposed action or project is located within an OPA. However, agencies providing disaster assistance that is contingent upon a requirement to purchase flood insurance after the fact are advised to disclose the OPA designation and information on the restrictions on Federal flood insurance to the recipient prior to the commitments of funds.
Who Needs It?
Federal agencies proposing to spend funds affecting a System Unit of the CBRS.
Step 1 - Send Written Request to Field Office
- Any federal agency proposing to spend funds affecting a System Unit of the CBRS must send a written request to the appropriate Ecological Services 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 the CBRA.
Step 2 - Determination
- If none of the exceptions under the CBRA are applicable, the proposed project should not proceed with federal funding.
- The Service has developed a flow chart to assist federal agencies in determining whether a CBRA consultation is necessary and an inter-agency CBRA consultation template to help facilitate the process.
Federal agencies may submit the following template and any additional documentation to the appropriate field office to fulfill the CBRA’s consultation requirement.
Please note: Any response from the Service to a CBRA consultation request is in the form of an opinion only. The Service has not been granted veto power. The responsibility for complying with the CBRA and the final decision regarding the expenditure of funds for a particular action or project rests with the federal funding agency.