What Is Included in the John H. Chafee Coastal Barrier Resources System?
The John H. Chafee Coastal Barrier Resources System (CBRS) is a collection of specific units of land and associated aquatic habitats that serve as barriers protecting the Atlantic, Gulf, and Great Lakes coasts. Undeveloped coastal barriers were mapped by the Department of the Interior using specific criteria, and were then enacted by Congress as units of the CBRS. The affected areas are delineated on maps enacted by Congress and entitled “John H. Chafee Coastal Barrier Resources System.” The CBRS currently includes 585 System units, which comprise nearly 1.3 million acres of land and associated aquatic habitat. There are also 271 "otherwise protected areas," a category of coastal barriers already held for conservation purposes that include an additional 1.8 million acres of land and associated aquatic habitat.
Categories of John H. ChafeeCoastal Barrier Resources System Units
System Units –The Coastal Barrier Resources Act (CBRA) of 1982 designated undeveloped private coastal barrier lands and associated aquatic habitat as part of the Coastal Barrier Resources System (CBRS). These System units carry the full spectrum of Federal funding prohibitions as specified in CBRA. The CBRS currently includes 585 System units, which add up to approximately 1.3 million acres of land and associated aquatic habitat
Otherwise Protected Areas - The Coastal Barrier Improvement Act of 1990 expanded the CBRS and created a new category of lands known as otherwise protected areas (OPAs). OPA designations add a layer of Federal protection to coastal barriers already held for conservation or recreation, such as national wildlife refuges, national parks and seashores, state and county parks, and land owned by private groups for conservation or recreational purposes, and discourage development of privately owned inholdings. The only Federal funding prohibition within OPAs is Federal flood insurance. The CBRS currently includes 271 OPAs which add up to approximately 1.8 million acres of land and associated aquatic habitat.
What is an “Undeveloped Coastal Barrier”?
The Coastal Barrier Resources Act (CBRA) of 1982 defines an “undeveloped coastal barrier” as a depositional geologic feature that is subject to wave, tidal and wind energies; and protects landward aquatic habitats from direct wave attack. CBRA further defines a coastal barrier as all associated aquatic habitats, including the adjacent wetlands, marshes, estuaries, inlets and nearshore waters, but only if such features and associated habitats contain few man-made structures and these structures, and people’s activity associated with them, do not significantly impede geomorphic and ecological processes.
The Coastal Barrier Reauthorization Act of 2000 specifies that a coastal barrier area is considered undeveloped if (1) the density of development is less than one structure per five acres of land above mean high tide; and (2) there is not a full suite of existing infrastructure consisting of a road with a reinforced road bed, wastewater disposal system, electric service, and fresh water supply to each lot or building site in the area.
Federal Spending Prohibitions
The Coastal Barrier Resources Act and its amendments prohibit most new Federal expenditures that tend to encourage development or modification of coastal barriers. The laws do not restrict activities carried out with private or other non-Federal funds and only apply to the areas that are within the defined John H. Chafee Coastal Barrier Resource System (CBRS).
Examples of prohibited Federal assistance within System units include subsidies for road construction, channel dredging, and other coastal engineering projects. Federal flood insurance through the National Flood Insurance Program is available in a CBRS unit if the subject building was constructed (or permitted and under construction) before the CBRS unit's effective date. If an existing insured structure is substantially improved or damaged, the Federal flood insurance policy will not be renewed.
Federal monies can be spent within System units for certain exempted activities, after consultation with the U.S. Fish and Wildlife Service. Examples of such activities include emergency assistance, military activities essential to national security, exploration and extraction of energy resources, and maintenance of existing Federal navigational channels.
The only Federal funding prohibition within OPAs is Federal flood insurance.
Modification of Boundaries
Only Congress has the authority to modify boundaries of the John H. Chafee Coastal Barrier Resources System (CBRS) through legislation. The one exception to this rule is a five-year review of the CBRS conducted by the U.S. Fish and Wildlife Service that modifies boundaries only to reflect changes due to natural processes (i.e., accretion and erosion).
Congress designated the initial CBRS units in 1982 and modified and expanded the CBRS in 1990. Subsequent modifications to the CBRS have been made since 1990 via Congressional action. If the Service finds a technical mapping error that warrants a change in one part of a CBRS map, it reviews all adjacent areas to ensure the entire map is accurate. This comprehensive approach to map revisions treats all landowners who may be affected equitably, and it also ensures that Congress and the Administration will not have to remap the same area in the future. This approach is a lengthy process but it allows the Service to improve the integrity of the entire CBRS by looking at boundary revisions in a holistic fashion instead of pursuing incremental fixes for individual areas on a single map.
U.S. Fish and Wildlife Service Role
The U.S. Fish and Wildlife Service’s responsibilities for administrating the Coastal Barrier Resources Act include:
- maintaining the official maps of the John H. Chafee Coastal Barrier Resources System (CBRS) and providing copies for public viewing at headquarters, regional, and field office locations;
- maintaining the administrative record for each unit;
- consulting with Federal agencies to determine whether Federal funds can be spent within the CBRS;
- determining whether properties are within the CBRS;
- reviewing and modifying the CBRS every five years to reflect geomorphic changes (erosion and accretion); and
- working with Congress, landowners, and other interested parties when questions arise over whether the CBRS boundaries were applied correctly.
Accomplishments
In the past, some Federal expenditures had the effect of encouraging development of fragile, high-risk, and ecologically sensitive coastal barriers. The Coastal Barrier Resources Act (CBRA) of 1982 and its amendments limit Federally-subsidized development on designated coastal barriers. The result is a savings in Federal dollars, the protection of human lives, and conservation of natural resources. CBRA and its amendments do not prevent or regulate development, they only direct that Federal dollars not be spent for development purposes on designated coastal barriers. Therefore, individuals who choose to live and invest in these hazard-prone areas bear the full cost of development and rebuilding instead of passing it on to American taxpayers.
An economic study conducted by the U.S. Fish and Wildlife Service in 2002 estimated that by 2010, CBRA will have saved American taxpayers approximately $1.3 billion by restricting Federal spending for roads, wastewater systems, potable water supply, and disaster relief.
Map Modernization
The Coastal Barrier Resources Reauthorization Act of 2000 directed the U.S. Fish and Wildlife Service to complete a Digital Mapping Pilot Project that includes digitally produced draft maps for up to 75 John H. Chafee Coastal Barrier Resources System (CBRS) areas and a report to Congress that describes the feasibility and costs for completing digital maps for all CBRS areas. The Service is in the process of completing the pilot project.
Modernized CBRS maps created with digital technology are more accurate and precise than the existing suite of maps created more than 15 years ago. Modernized maps will increase government efficiency by placing CBRS information on the Internet, making it easy for customers and partners to access information quickly. Modernized maps will also help Federal, local, state and non-governmental partners target their conservation investments and initiatives, thereby bolstering the Coastal Barrier Resources Act’s effectiveness. |
