Coastal Barrier Resources Act
Encyclopedia
The Coastal Barrier Resources Act (CBRA, Public Law 97-348) of the United States
was enacted October 18, 1982. The United States Congress
passed this Act in order to address the many problems associated with coastal barrier development. CBRA designated various undeveloped coastal barriers, which were illustrated by a set of maps adopted by law, to be included in the John H. Chafee Coastal Barrier Resources System (CBRS). These designated areas were made ineligible for both direct and indirect Federal expenditures and financial assistance, which are believed to encourage development of fragile, high-risk, and ecologically sensitive coastal barriers.
CBRA was originally authored by U.S. Representative Thomas B. Evans, Jr. and Senator John Chafee
, who kept three objectives in mind: 1) to minimize the loss of human life by discouraging development in high risk areas vulnerable to storm surges and hurricane winds; 2) to reduce wasteful expenditure of Federal resources; and 3) to protect the natural resources associated with undeveloped coastal barriers.
s, wetland
s and salt marshes from the full force of wind, wave and tidal energy. “Undeveloped coastal barriers” are defined by the CBRA to include barrier islands, bars
, spits
, and tombolo
s, along with associated aquatic habitats, such as adjacent estuaries and wetlands. Composed of sand and other loose sediments, these elongated, narrow landforms are dynamic ecosystems and are vulnerable to hurricane damage and shoreline recession. Coastal barriers also provide important habitat for a variety of wildlife, and are an important recreational resource.
The Coastal Barrier Resources Reauthorization Act of 2000 (Public Law 106-514) provided specifications for determining if an area was undeveloped at the time it was included within the CBRS, and ordered the development of a Digital Mapping Pilot Project for between 50 and 75 CBRS areas for the purpose of information precision and accessibility. If some portion of a barrier landform is developed, the remaining undeveloped portion may be included in the CBRS.
, through the United States Fish and Wildlife Service
(Service), was named the primary authority in the implementation of this Act, and may approve the use of subsidies for such uses as emergency assistance, national security, navigability, fish and wildlife research, and energy exploration.
Other Service responsibilities for administrating the CBRA include:
• Maintaining the official maps of the CBRS and providing copies for public viewing at USFWS headquarters, regional, and field office locations;
• Maintaining the administrative record for each CBRS unit;
• Consulting with Federal agencies to determine whether Federal funds may be spent within designated CBRS areas;
• Determining whether properties lay within CBRS boundaries;
• Reviewing and modifying the CBRS every five years to reflect geomorphic changes such as erosion and accretion; and
• Working with Congress, landowners, and other interested parties when questions concerning the correct application of CBRS boundaries
and Gulf of Mexico
coasts. Shortly following its enactment, Congress passed the Great Lakes Coastal Barrier Act (Public Law 100-707), which required the Secretary of the Interior
to identify additional System units along the Great Lakes
. The Secretary identified and recommended for inclusion in the System 112 Great Lakes units totaling 30150 acres (122 km²).
The Act was amended in 1990 by the Coastal Barrier Improvement Act (CBIA, Public Law 101-591) to include the designation of otherwise protected areas (OPAs), which applies to the national, state and local areas that include coastal barriers held for conservation or recreation. Examples of OPAs include National Wildlife Refuge
s, national parks and seashore
s, state park
s, and lands owned by private organizations for conservation purposes.
The CBIA expanded existing CBRS units, and created new units and OPAs along the Great Lakes, Puerto Rico
, the Florida Keys
, the U.S. Virgin Islands, and secondary barriers within large embayments. Additionally, CBIA required the Secretary to prepare a report on Pacific Coast
coastal barriers. This report has never been submitted to the Congress, and no Pacific coast barrier units have been included in the System.
The CBRS currently includes 585 System units, which add up to approximately 1300000 acres (5,260.9 km²) of land and associated aquatic habitat. Additionally, there are 271 OPAs, which comprise nearly 1800000 acres (7,284.3 km²) of land and associated aquatic habitat, which are protected by CBRA. CBRS areas now extend along the coasts of the Atlantic Ocean and the Gulf of Mexico, as well as Puerto Rico, the U.S. Virgin Islands, and the Great Lakes.
Congress determined the initial CBRS units in 1982, and modified and expanded the CBRS in 1990. Subsequent modifications to the CBRS have since been made via Congressional action. If a technical mapping error warranting a change in any single part of the CBRS map is found by the Service, all adjacent areas must be reviewed to ensure the map’s accuracy. This is a comprehensive approach to map revisions that treats all landowners who may be affected equitably, and ensures that Congress will not have to remap the same area in the future. While this may be an extensive process, it allows the Service to uphold the integrity of the entire CBRS by looking at boundary revisions in a holistic manner instead of pursuing incremental fixes for individual areas on a single map.
Since its enactment, CBRA has been promoted as a fiscally conservative, free market approach to encourage coastal conservation. In no way does the Act regulate how individuals develop their land on and around areas of coastal barrier. Instead, it directs that Federal dollars not be spent for development purposes on designated coastal barriers. Therefore, the full cost of development and rebuilding is transferred from American taxpayers to the individuals who choose to live and build in such hazard-prone areas.
An economic study conducted by the USFWS in 2002 estimated that by 2010, CBRA will have saved American taxpayers nearly $1.3 billion by restricting Federal spending for roads, wastewater systems, potable water supply, and disaster relief.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
was enacted October 18, 1982. The United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed this Act in order to address the many problems associated with coastal barrier development. CBRA designated various undeveloped coastal barriers, which were illustrated by a set of maps adopted by law, to be included in the John H. Chafee Coastal Barrier Resources System (CBRS). These designated areas were made ineligible for both direct and indirect Federal expenditures and financial assistance, which are believed to encourage development of fragile, high-risk, and ecologically sensitive coastal barriers.
CBRA was originally authored by U.S. Representative Thomas B. Evans, Jr. and Senator John Chafee
John Chafee
John Lester Hubbard Chafee was an American politician. He served as an officer in the United States Marine Corps, as the 66th Governor of Rhode Island, as the Secretary of the Navy, and as a United States Senator.-Early life and family:...
, who kept three objectives in mind: 1) to minimize the loss of human life by discouraging development in high risk areas vulnerable to storm surges and hurricane winds; 2) to reduce wasteful expenditure of Federal resources; and 3) to protect the natural resources associated with undeveloped coastal barriers.
Undeveloped coastal barriers
Coastal barriers are landscape features that protect the mainland, lagoonLagoon
A lagoon is a body of shallow sea water or brackish water separated from the sea by some form of barrier. The EU's habitat directive defines lagoons as "expanses of shallow coastal salt water, of varying salinity or water volume, wholly or partially separated from the sea by sand banks or shingle,...
s, wetland
Wetland
A wetland is an area of land whose soil is saturated with water either permanently or seasonally. Wetlands are categorised by their characteristic vegetation, which is adapted to these unique soil conditions....
s and salt marshes from the full force of wind, wave and tidal energy. “Undeveloped coastal barriers” are defined by the CBRA to include barrier islands, bars
Bar (landform)
A shoal, sandbar , or gravelbar is a somewhat linear landform within or extending into a body of water, typically composed of sand, silt or small pebbles. A spit or sandspit is a type of shoal...
, spits
Spit (landform)
A spit or sandspit is a deposition landform found off coasts. At one end, spits connect to land, and extend into the sea. A spit is a type of bar or beach that develops where a re-entrant occurs, such as at cove's headlands, by the process of longshore drift...
, and tombolo
Tombolo
A tombolo, from the Italian tombolo, derived from the Latin tumulus, meaning 'mound,' and sometimes translated as ayre , is a deposition landform in which an island is attached to the mainland by a narrow piece of land such as a spit or bar. Once attached, the island is then known as a tied island...
s, along with associated aquatic habitats, such as adjacent estuaries and wetlands. Composed of sand and other loose sediments, these elongated, narrow landforms are dynamic ecosystems and are vulnerable to hurricane damage and shoreline recession. Coastal barriers also provide important habitat for a variety of wildlife, and are an important recreational resource.
The Coastal Barrier Resources Reauthorization Act of 2000 (Public Law 106-514) provided specifications for determining if an area was undeveloped at the time it was included within the CBRS, and ordered the development of a Digital Mapping Pilot Project for between 50 and 75 CBRS areas for the purpose of information precision and accessibility. If some portion of a barrier landform is developed, the remaining undeveloped portion may be included in the CBRS.
U.S. Fish and Wildlife Service Role
The United States Department of the InteriorUnited States Department of the Interior
The United States Department of the Interior is the United States federal executive department of the U.S. government responsible for the management and conservation of most federal land and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native...
, through the United States Fish and Wildlife Service
United States Fish and Wildlife Service
The United States Fish and Wildlife Service is a federal government agency within the United States Department of the Interior dedicated to the management of fish, wildlife, and natural habitats...
(Service), was named the primary authority in the implementation of this Act, and may approve the use of subsidies for such uses as emergency assistance, national security, navigability, fish and wildlife research, and energy exploration.
Other Service responsibilities for administrating the CBRA include:
• Maintaining the official maps of the CBRS and providing copies for public viewing at USFWS headquarters, regional, and field office locations;
• Maintaining the administrative record for each CBRS unit;
• Consulting with Federal agencies to determine whether Federal funds may be spent within designated CBRS areas;
• Determining whether properties lay within CBRS boundaries;
• Reviewing and modifying the CBRS every five years to reflect geomorphic changes such as erosion and accretion; and
• Working with Congress, landowners, and other interested parties when questions concerning the correct application of CBRS boundaries
Designated and Protected Areas
Initially, CBRA consisted of 186 units totaling 666 miles (1,071.8 km) of shoreline and 452834 acres (1,833 km²) of undeveloped, unprotected coastal barriers on the Atlantic OceanAtlantic Ocean
The Atlantic Ocean is the second-largest of the world's oceanic divisions. With a total area of about , it covers approximately 20% of the Earth's surface and about 26% of its water surface area...
and Gulf of Mexico
Gulf of Mexico
The Gulf of Mexico is a partially landlocked ocean basin largely surrounded by the North American continent and the island of Cuba. It is bounded on the northeast, north and northwest by the Gulf Coast of the United States, on the southwest and south by Mexico, and on the southeast by Cuba. In...
coasts. Shortly following its enactment, Congress passed the Great Lakes Coastal Barrier Act (Public Law 100-707), which required the Secretary of the Interior
United States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
to identify additional System units along the Great Lakes
Great Lakes
The Great Lakes are a collection of freshwater lakes located in northeastern North America, on the Canada – United States border. Consisting of Lakes Superior, Michigan, Huron, Erie, and Ontario, they form the largest group of freshwater lakes on Earth by total surface, coming in second by volume...
. The Secretary identified and recommended for inclusion in the System 112 Great Lakes units totaling 30150 acres (122 km²).
The Act was amended in 1990 by the Coastal Barrier Improvement Act (CBIA, Public Law 101-591) to include the designation of otherwise protected areas (OPAs), which applies to the national, state and local areas that include coastal barriers held for conservation or recreation. Examples of OPAs include National Wildlife Refuge
National Wildlife Refuge
National Wildlife Refuge is a designation for certain protected areas of the United States managed by the United States Fish and Wildlife Service. The National Wildlife Refuge System is the world's premiere system of public lands and waters set aside to conserve America's fish, wildlife and plants...
s, national parks and seashore
Seashore
-Landform:* Coast* Intertidal zone, between high and low water lines* National seashore, a special designation in the United States* Shore-Other:* Seashore , an open source image editor, based on GIMP written in Cocoa for Mac OS X...
s, state park
State park
State parks are parks or other protected areas managed at the federated state level within those nations which use "state" as a political subdivision. State parks are typically established by a state to preserve a location on account of its natural beauty, historic interest, or recreational...
s, and lands owned by private organizations for conservation purposes.
The CBIA expanded existing CBRS units, and created new units and OPAs along the Great Lakes, Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
, the Florida Keys
Florida Keys
The Florida Keys are a coral archipelago in southeast United States. They begin at the southeastern tip of the Florida peninsula, about south of Miami, and extend in a gentle arc south-southwest and then westward to Key West, the westernmost of the inhabited islands, and on to the uninhabited Dry...
, the U.S. Virgin Islands, and secondary barriers within large embayments. Additionally, CBIA required the Secretary to prepare a report on Pacific Coast
Pacific Coast
A country's Pacific coast is the part of its coast bordering the Pacific Ocean.-The Americas:Countries on the western side of the Americas have a Pacific coast as their western border.* Geography of Canada* Geography of Chile* Geography of Colombia...
coastal barriers. This report has never been submitted to the Congress, and no Pacific coast barrier units have been included in the System.
The CBRS currently includes 585 System units, which add up to approximately 1300000 acres (5,260.9 km²) of land and associated aquatic habitat. Additionally, there are 271 OPAs, which comprise nearly 1800000 acres (7,284.3 km²) of land and associated aquatic habitat, which are protected by CBRA. CBRS areas now extend along the coasts of the Atlantic Ocean and the Gulf of Mexico, as well as Puerto Rico, the U.S. Virgin Islands, and the Great Lakes.
Modification of boundaries
According to the Act, only Congress has the power to modify boundaries of the CBRS through legislation. The one exception to this rule is a five-year review of the CBRS conducted by the Service that modifies boundaries only to reflect changes due to natural processes such as accretion and erosion. Since the establishment of the CBRS in 1982, several pieces of legislation have removed land from the CBRS, making it available to Federal subsidies for development.Congress determined the initial CBRS units in 1982, and modified and expanded the CBRS in 1990. Subsequent modifications to the CBRS have since been made via Congressional action. If a technical mapping error warranting a change in any single part of the CBRS map is found by the Service, all adjacent areas must be reviewed to ensure the map’s accuracy. This is a comprehensive approach to map revisions that treats all landowners who may be affected equitably, and ensures that Congress will not have to remap the same area in the future. While this may be an extensive process, it allows the Service to uphold the integrity of the entire CBRS by looking at boundary revisions in a holistic manner instead of pursuing incremental fixes for individual areas on a single map.
Map modernization
On April 7, 2009, the U.S. Fish and Wildlife Service (Service) released to the public its Report to Congress: John H. Chafee Coastal Barrier Resources System Digital Mapping Pilot Project and announced the start of a 90-day public comment period. The report, which was directed by the Coastal Barrier Resources Reauthorization Act of 2000 (P.L. 106-514), highlights the benefits of updating Coastal Barrier Resources System (CBRS) maps with more accurate and precise digital maps to better protect people, coastal areas and natural resources. The report includes draft revised maps for 70 units, or approximately 10 percent of the entire CBRS, and a framework for modernizing the remainder of the maps. The 70 pilot project units are located in Delaware, North Carolina, South Carolina, Florida and Louisiana. On June 29, 2009, the Service announced a 30 day extension of the public comment period. The public comment period closed on August 5, 2009.Accomplishments
Since limiting Federally-subsidized development on designated coastal barriers, CBRA has managed to save Federal dollars, protect humans by keeping them out of the path of deadly storm surges, and conserve valuable coastal habitat for fish and other wildlife.Since its enactment, CBRA has been promoted as a fiscally conservative, free market approach to encourage coastal conservation. In no way does the Act regulate how individuals develop their land on and around areas of coastal barrier. Instead, it directs that Federal dollars not be spent for development purposes on designated coastal barriers. Therefore, the full cost of development and rebuilding is transferred from American taxpayers to the individuals who choose to live and build in such hazard-prone areas.
An economic study conducted by the USFWS in 2002 estimated that by 2010, CBRA will have saved American taxpayers nearly $1.3 billion by restricting Federal spending for roads, wastewater systems, potable water supply, and disaster relief.
Sources
- US Fish and Wildlife Service: Legislation
- US Fish and Wildlife Service: Coastal Barrier Resource System