TEMPLATE FOR INTERAGENCY CBRA CONSULTATIONS

**Overview and Instructions:**

The Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.) encourages the conservation of hurricane prone and biologically rich coastal barriers. No new expenditures or financial assistance may be made available under authority of any federal law for any purpose within the System Units of the John H. Chafee Coastal Barrier Resources System (CBRS) including: construction or purchase of roads, structures, facilities, or related infrastructure; most projects to prevent the erosion of or otherwise stabilize any inlet, shoreline, or inshore area; and any loans, grants, and other financial assistance (e.g., flood insurance and easements). However, the appropriate federal officer, after consultation with the U.S. Fish and Wildlife Service (Service), may make federal expenditures and financial assistance available within System Units for activities that meet one of CBRA’s exceptions (16 U.S.C. 3505). CBRA imposes no restrictions on actions and projects within the CBRS that are carried out with state, local, or private funding. Any response from the Service to a CBRA consultation request is in the form of an opinion only. The Service has not been granted veto power. **The responsibility for complying with CBRA and the final decision regarding the expenditure of funds for a particular action or project rests with the federal action agency.**

There are two types of units within the CBRS, System Units and Otherwise Protected Areas (OPAs). OPAs are denoted with a “P” at the end of the unit number (e.g., “FL-64P”). Most new federal expenditures and financial assistance, including flood insurance, that affect System Units are prohibited. The only federal spending prohibition within OPAs is on flood insurance; other federal expenditures are permitted. **Consultation with the Service is not needed if the proposed action or project is located within an OPA.** However, agencies providing disaster assistance that is contingent upon a requirement to purchase flood insurance after the fact are advised to disclose the OPA designation and information on the restrictions on federal flood insurance to the recipient prior to the commitments of funds.  

The Service has developed the attached template to help facilitate the CBRA consultation process. This form, and any additional documentation, may be submitted by the action agency to the appropriate Ecological Services Field Office to fulfill CBRA’s consultation requirement. 

**Guidance for Uncommon Situations:**

***Special Exceptions for Certain Shoreline Stabilization***

CBRA (16 U.S.C. 3504(a)(3)) allows for “the carrying out of any project to prevent the erosion of, or to otherwise stabilize, any inlet, shoreline, or inshore area” in the following two situations *without* consultation with the Service:

1) In **Louisiana Units S01 through S08 and LA-07**for purposes other than encouraging development, and

2) In all units, in cases **where an emergency threatens life, land, and property immediately adjacent to that unit**.

In either of these cases, consultation by any means (including this template) is not required. However, the Service appreciates a notification of the project/activity occurring under this exemption. Notification may be emailed to cbra@fws.gov.

***Projects in Willacy or Cameron Counties, Texas affecting South Padre Island***

CBRA's limitations on federal expenditures of financial assistance do not apply to services or facilities and related infrastructure located outside the boundaries of **South Padre Island Unit T11** which relate to any activity within that unit (except with respect to federal flood insurance or assistance provided by the Department of Housing and Urban Development, which may still be prohibited outside of Unit T11). For guidance regarding projects that may fall into this category, please see 16 U.S.C. 3505(d) and contact cbra@fws.gov and the Texas Coastal Ecological Services Field Office for assistance. 

**Additional Resources:**

CBRS Mapper and GIS data: *https://www.fws.gov/cbra/maps-and-data*

CBRA consultation resources: *https://www.fws.gov/service/coastal-barrier-resources-act-project-consultation*

CBRS in/out property determinations (for projects very close to a CBRS boundary): *https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation*

DATE

NAME

TITLE

OFFICE

STREET ADDRESS

CITY, STATE ZIP

The AGENCY NAME requests a consultation with the U.S. Fish and Wildlife Service (Service) under the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.) for the proposed**NAME OF ACTION/PROJECT.  This project/action is funded by [INDICATE FUNDING SOURCE].  

Project Location

*Insert project location. The CBRS Mapper can be used to identify the CBRS unit number(s)*at: https://www.fws.gov/program/coastal-barrier-resources-act/maps-and-data.

The action or project is located in COUNTY, STATE within (or partially within) Unit(s) UNIT NUMBER(S) of the Coastal Barrier Resources System (CBRS). 

# Description of the Proposed Action or Project

# *Provide a brief description of the action or project.*

# 

# DESCRIPTION

# 

Applicable Exception(s) under 16 U.S.C. 3505(a)

*Identify the appropriate exception(s) for the action or project under CBRA (16 U.S.C. 3505(a)).*

## General Exceptions

## 

## Specific Exceptions 

## 

The exceptions below may apply only if the project or action is also consistent with the purposes of CBRA, which are:**

· *to minimize the loss of human life;*

· *minimize wasteful expenditure of federal revenues; and*

· *minimize damage to fish, wildlife, and other natural resources associated with coastal barriers*

*by restricting future federal expenditures and financial assistance which have the effect of encouraging development; and by considering the means and measures by which the long-term conservation of these fish, wildlife, and other natural resources may be achieved.*

Therefore, **if selecting any of the exceptions below, it is necessary to describe how the proposed action or project is consistent with these purposes**. 

Justification for Exception(s)

*Briefly explain how the proposed action or project meets the exception(s) under CBRA identified above. **If the exception(s) cited above is under 16 U.S.C. 3505(a)(6), the justification must also include an explanation of how the proposed action or project is consistent with the purposes of CBRA (see above).***

JUSTIFICATION

Contact Information

*Include contact information and where the response should be sent.*

ACTION AGENCY SIGNATORY AND TITLE

U.S. Fish and Wildlife Service Response

Below is the Service's response to AGENCY NAME’S request for a consultation under 

CBRA for ACTION/PROJECT NAME. This response represents the Service’s opinion. **The final decision regarding the expenditure of funds for this action or project rests with the federal action agency.** AGENCY NAME has fulfilled its obligation to consult with the Service under CBRA for this particular action or project within the CBRS. Please note that any new commitment of federal funds associated with this action or project, or change in the project design and/or scope, is subject to CBRA’s consultation requirement. 

The Service has reviewed the information provided by AGENCY NAME, and believes the referenced action/project is:

Additional Information/Comments

*Include any additional information/comments.*

This response does not constitute consultation for any project pursuant to section 7 of the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) or comments afforded by the Fish and Wildlife Coordination Act (48 Stat. 401; 16 U.S.C. 661 et seq.); nor does it preclude comment on any forthcoming environmental documents pursuant to the National Environmental Policy Act (83 Stat. 852; 42 U.S.C. 4321 et seq.). 

SERVICE FIELD OFFICE SIGNATORY AND TITLE			DATE

*Version 2 - revised April 29, 2022*