Detailed Discussion
The Coastal Barrier Resources Act (CBRA) and the subsequent Coastal Barrier Improvement Act restrict Federal expenditures and financial assistance that encourage development of coastal barriers so that damage to property, fish, wildlife, and other natural resources associated with the coastal barrier is minimized. The protected areas are identified on National Flood Insurance Rate Maps as Coastal Barrier Resources System (CBRS) units. They include defined areas along the Atlantic, Gulf of Mexico, and Great Lakes coasts, and Puerto Rico, Florida Keys, Virgin Islands, and secondary barriers within large embayments.
Debris removal and emergency protective measures in designated CBRS units may be eligible for public assistance provided the actions eliminate the immediate threat to lives, public health and safety and protect improved property. Advanced consultation with the U.S. Fish and Wildlife Service (USFWS) is strongly encouraged but is not required before approval of emergency measures. A report to USFWS of emergency work on CBRS units is required.
However, FEMA must consult with the USFWS to allow the USFWS the opportunity to provide written comments before permanent work funding is approved. The following types of publicly owned facilities may be eligible for permanent work funding:
Essential links in a larger system
Restoration of existing channel improvements
Repair of energy facilities that are functionally dependent on a coastal location
Special purpose facilities as defined in 44 CFR §206.347(c)(4)
Other existing roads, structures, or facilities that are consistent with the purposes of CBRA
Certain Private Nonprofit facilities that meet the restrictions of CBRA and the Public Assistance Program may be eligible for assistance. Examples include energy facilities and special purpose facilities, as described in 44 CFR §206.347.
Improved projects that expand a facility and alternate projects are rarely eligible in CBRS units.
An existing facility is defined as a publicly owned or operated facility on which the start of construction took place on or before October 18, 1982. If a facility has been substantially improved or expanded since October 18, 1982, it is not an existing facility. If a unit was added to CBRS at a later date, that date may be substituted for the October 18, 1982, date.
References: Section 406(e) of the Stafford Act 44 CFR Part 206, Subpart J
Public Assistance Guide, FEMA 322, pages 133-134