Overview of Federal Project Consistency Consultations

The Coastal Barrier Resources Act (CBRA) established the John H. Chafee Coastal Barrier Resources System (CBRS), a defined set of geographic units along the Atlantic, Gulf of Mexico, Great Lakes, U.S. Virgin Islands, and Puerto Rico coasts. Most new Federal expenditures and financial assistance are prohibited within the CBRS, unless those activities qualify for an exception under Section 6 of CBRA (16 U.S.C. § 3505). The U.S. Fish and Wildlife Service (Service), through the Secretary of the Interior, is responsible for administering CBRA which includes consulting with Federal agencies that propose spending funds within the CBRS.

The Federal agency proposing to spend funds within the CBRS must send a written request to the appropriate Service 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 CBRA. It is the Service's responsibility to review the evidence provided and respond to the funding agency as to whether or not the proposed funding obligation qualifies for an exception under CBRA. The Service’s response to a consultation request is in the form of an opinion only. The funding agency is responsible for complying with the provisions of CBRA.

The Section 6 exceptions are divided into two groups. The first group only requires that the proposed funding is in fact for a project or action that is a listed exception. The second group requires that the exception also meet the three purposes of the CBRA. Those purposes are to minimize the loss of human life, wasteful expenditure of Federal revenues, and the damage to fish, wildlife, and other natural resources associated with coastal barriers. For more information regarding the exceptions, see the Limitations on and Exceptions to Federal Expenditures web page.

Federal Regulations Referencing the CBRS

The following document lists Federal agency regulations relating to the CBRS in the Code of Federal Regulations. This list may not be comprehensive, and even if an agency does not have regulations relating to CBRA, that agency may still have CBRA responsibilities.