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G.1. Coastal Barrier Resources System Eligibility Requirements

In accordance with the Coastal Barrier Resources Act,[109] HMA programs may assist projects in Otherwise Protected Areas if they do not require flood insurance after project completion.[110] Projects in a John H. Chafee Coastal Barrier Resources System (CBRS) unit are eligible only if they qualify for one of the exceptions in Section 6 of the Coastal Barrier Resources Act.[111] That is, projects are eligible if they are consistent with the purposes of the Coastal Barrier Resources Act and qualify as projects for the study, management, protection and enhancement of fish and wildlife resources and habitats.[112] 

  • All projects that occur in or adjacent to CBRS units must meet one of the Coastal Barrier Resources Act exceptions and require that FEMA consult with the appropriate U.S. Fish and Wildlife Service Ecological Services field office.
  • Proposed actions carried out within or adjacent to an Otherwise Protected Areas do not require consultation with the U.S. Fish and Wildlife Service.

Footnotes

109. Public Law 97-348 (Oct. 18, 1982), as amended. To remove federal incentives to develop coastal areas, the Coastal Barrier Resources Act designated relatively undeveloped land along the Atlantic and Gulf Coast as part of the John H. Chafee Coastal Barrier Resources System (CBRS) and made these areas ineligible for most new federal assistance.

110. Congress reauthorized the Coastal Barrier Resources Act with the Coastal Barrier Improvement Act of 1990 (Public Law 101-591 [Nov. 16, 1990], expanding the CBRS to include undeveloped costal barriers along the Florida Keys, Great Lakes, Puerto Rico and the U.S. Virgin Islands. It also added a new category of undeveloped barriers called Otherwise Protected Areas. Otherwise Protected Areas consist of conservation or recreation areas such as national wildlife refuges, state and national parks, local conservation areas and private conservation areas, although they may also contain private areas not for conservation.

111. 16 United States Code (U.S.C.) § 3505

112. 16 U.S.C. § 3505(a)(6)(A), 44 CFR § 206.345

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