Questions & Answers
CBRA Consultation FAQs
Are federal agencies required to request a Coastal Barrier Resources Act (CBRA) consultation before issuing a federal permit or other federal authorization?
No. The law does not prohibit federal regulatory actions or authorizations, such as the issuance of permits (e.g., under section 404 of the Clean Water Act, section 10 of the Rivers and Harbors Act, and section 10 of the Endangered Species Act). However, permitting agencies are encouraged to inform applicants if their project is within the Coastal Barrier Resources System (CBRS) to raise awareness on potential limitations on federal funding and financial assistance.
Who can request a CBRA consultation?
CBRA consultations are between the federal funding agency and the Service's Ecological Services Field Offices.
How can a federal agency determine if a proposed project is within the CBRS?
The Service has a project planning tool known as that can facilitate the environmental review process. Users may sketch the project location on the map or upload a shapefile to determine whether it intersects a CBRS unit. Alternatively, users may utilize our CBRS Mapper or GIS data.
Is CBRA consultation required for projects in Otherwise Protected Areas (OPAs)?
No. Consultation is not required for projects and activities within OPAs. The only federal spending prohibition within OPAs is on federal flood insurance (with an exception for park-related structures).鈥
Where can I find the prohibition date for federal expenditures and financial assistance in a System Unit?
The CBRS Mapper includes two dates: the System Unit Establishment Date and the Flood Insurance Prohibition Date.
The System Unit Establishment Date is the date on which prohibitions on federal expenditures besides flood insurance (e.g., dredging and disaster assistance) went into effect for a given area.鈥疶he Flood Insurance Prohibition Date is the date on which the prohibition on federal flood insurance first took effect for a given area.鈥疶o see these dates in the CBRS Mapper, zoom in to the area of interest. These dates can also be obtained through .
Is a consultation needed for a project located in the water offshore of a System Unit?
Maybe. The seaward side of the CBRS unit is open on the official maps and is intended to include the entire sand-sharing system. The sand-sharing system of coastal barriers coastal barriers
Learn more about coastal barrier landforms.
Learn more about coastal barriers is normally defined by the 30-ft bathymetric contour. In large coastal embayments and the Great Lakes, the sand-sharing system is defined by the 20-ft bathymetric contour or a line approximately one mile seaward of the shoreline,鈥痺hichever is nearer the coastal barrier (). Federal agencies should consult to determine whether consultation is required for projects in open water offshore of a System Unit.
Certain exceptions require consistency with the purposes of CBRA. What are the purposes?
The purposes of CBRA are to minimize the loss of human life; wasteful expenditure of federal revenues; and damage to the fish, wildlife, and other natural resources associated with鈥 coastal barriers coastal barriers
Learn more about coastal barrier landforms.
Learn more about coastal barriers 鈥痓y restricting federal expenditures and financial assistance which have the effect of encouraging development of coastal barriers, and by considering the means and measures by which the long-term conservation of these fish, wildlife, and other natural resources may be achieved ((b)).
Can federal agencies use more than one exception under CBRA in a project consultation?
Yes. If a project or activity is not fully covered by just one exception, then you may apply multiple exceptions. For example, a project to repair an existing publicly owned road and construct a new wildlife viewing platform alongside it should use two exceptions: exception 6(F) for the repair of the road and exception 6(A) for the construction of the recreational facility.
Can federal agencies request a programmatic CBRA consultation for a set of routine or repetitive activities?
Yes. Federal agencies can utilize programmatic consultations for certain categories of projects and activities. Questions about initiating a programmatic consultation should be directed to the appropriate Ecological Services Field Office. To discuss a potential nationwide programmatic, contact Service Headquarters at cbra@fws.gov. Please note that programmatic consultation is not necessarily appropriate for all types of federal funding and financial assistance.
If a project meets an exception, is a consultation still necessary, or can it be treated like a categorical exclusion?
Consultation with the Service is required for any project using one of the exceptions listed in section 6(a) of the law ((a)). These exceptions cannot be treated as a categorical exclusion. Federal agencies may, however, request a programmatic consultation to streamline the process so that consultation is not required for routine/repetitive projects.
Is CBRA consultation different from consultation under section 7 of the Endangered Species Act?
Yes. While these two consultation requirements may be carried out concurrently if desired, they are separate and distinct processes with different statutory requirements. Please contact your local Ecological Services field office for additional information.
Does CBRA have any provisions for emergency situations?
There are two provisions in CBRA for emergency situations. One in section 5 applies only to shoreline stabilization within a System Unit to address an emergency immediately adjacent to that unit (see this fact sheet for more information). Another in section 6 applies to certain emergency actions within a System Unit performed under the Stafford Act (see this fact sheet for more information).
Are federal agencies required to use the Service鈥檚 CBRA consultation template for a consultation request?
No. Consultations may be submitted in other formats if desired.
Are there any time limits on CBRA consultation requests?
The only timeframe that is specified for CBRA consultations is for those that are related to FEMA disaster relief. The Service is expected to respond to such consultations within 12 working days according to FEMA鈥檚 regulations at . However, an extension may be arranged through between the Ecological Services Field Office and FEMA. There are no established time limits for other types of CBRA consultations.
Are the Service鈥檚 responses to CBRA consultation requests binding?
No. The Service鈥檚 responses to CBRA consultation requests are opinion only. The final decision regarding the expenditure of funds for a particular action or project rests with the federal funding agency.