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Updated July 5, 2019
The Coastal Barrier Resources Act (CBRA)
In 1982, Congress passed the Coastal Barrier Resources Act
The System is composed of typical coastal barriers, as well
(CBRA; P.L. 97-348; 16 U.S.C. §§3501-3510), which
as nonbarrier areas along the coast that share similar
established the John H. Chafee Coastal Barrier Resources
qualities but are not backed by aquatic features. The System
System (System). It declared the purpose of CBRA to be
has two types of areas: System units and otherwise
“to minimize the loss of human life, wasteful expenditure of
protected areas (OPAs; Figure 1). System units mostly
Federal revenues, and the damage to fish, wildlife, and
consist of private land that was relatively undeveloped (e.g.,
other natural resources associated with coastal barriers.”
housing density of less than one unit per five acres) at the
CBRA was enacted to remove federal financial assistance
time of designation to the System. Beginning in 1990, FWS
incentives for development on undeveloped coastal barriers,
began designating OPAs, which mostly consist of public
in recognition of potential problems associated with
land and are defined as undeveloped coastal barriers within
developing coastal areas. CBRA does not prohibit
the boundaries of an area “established under Federal, State,
development within System areas; therefore, development
or local law, or held by a qualified organization, primarily
may still occur using private and nonfederal funds. The
for wildlife refuge, sanctuary, recreational, or natural
System is currently composed of parts of coastal areas
resource conservation purposes” (16 U.S.C. §3503).
along the Atlantic Ocean, Gulf of Mexico, Great Lakes,
Puerto Rico, and U.S. Virgin Islands.
Figure 1. Examples of Coastal Features and Types of
System Areas Along the Eastern Shore of Virginia
Coastal areas are of interest for development because of
their aesthetic and recreational significance and resulting
high taxable land values. However, due to the dynamic
nature of coastal systems, development on coastal barriers
and along the coast in general may be at a relatively high
risk of storm damage and erosion. Additionally,
development often disrupts the natural movement of sandy
materials that maintain the protective nature of the shoreline
and may harm fish and wildlife habitat.
CBRA has been reauthorized and legislatively modified
numerous times, most recently in 2006. CBRA may receive
attention from the 116th Congress due to the effects of
coastal storms in 2016, 2017, and 2018 and subsequent
federal expenditures. Some stakeholders have shown
interest in the expansion, reduction, or modification of
System areas; the U.S. Fish and Wildlife’s (FWS’s)
oversight role; and authorization of appropriations. This In
Focus provides background information about CBRA and
the System and briefly describes selected possible issues for
Congress.
Characteristics of Coastal Barriers
Coastal barriers are low-lying, shifting landforms in the
form of peninsulas/spits, islands, bay barriers, and other
formations and associated aquatic habitats (e.g., marsh,
wetlands, inlets) subject to waves, tides, and winds (Figure
1). Coastal barriers and associated areas provide diverse
habitats for fish and wildlife and protect the landward
natural and built environments from the impacts of coastal
storms and hurricanes.
Source: CRS using ESRI and FWS data.
Notes: FWS defines the seaward side of a System area on a coastal
Coastal Barrier Resources System
barrier by the 30 foot (ft) bathymetric contour and in large coastal
Under CBRA, the Secretary of the Interior and FWS are
embayments and the Great Lakes by whichever is closer: the 20 ft
responsible for maintaining and updating official System
bathymetric contour or a line one mile seaward of the shoreline.
maps, consulting with federal agencies regarding
Upon enactment, the System was composed of FWS-
expenditures in the System, and making recommendations
recommended undeveloped coastal areas (186 system units
to Congress about potential changes to the System.
covering 453,000 acres along the Atlantic and Gulf of
https://crsreports.congress.gov
The Coastal Barrier Resources Act (CBRA)
Mexico coasts). The System has since grown to 862 total
Evaluating CBRA Effectiveness
units (585 system units and 277 OPAs) covering 3.5 million
Some observers question whether CBRA has minimized the
acres along 2,500 shoreline miles across 23 states and
loss of human life; reduced wasteful federal expenditures;
territories.
and prevented damage to coastal fish, wildlife, and other
natural resources. For example, a 2007 Government
Restrictions to Federal Expenditures
Accountability Office (GAO) study found that 84% of
CBRA prohibits new federal financial assistance in System
System areas remained undeveloped, but development still
units, with some exceptions for emergencies; maintenance
occurred in some System areas due to a combination of
or repair of publicly owned structures; military activities;
commercial interest and public desire, local government
energy resource exploration, extraction, and transportation;
support, and the availability of affordable private flood
and navigation (16 U.S.C. §§3504, 3505). CBRA broadly
insurance. The GAO study also found that multiple federal
defines federal financial assistance as “any form of loan,
agencies had provided prohibited financial assistance to
grant, guaranty, insurance [including flood insurance],
property owners within System areas. In contrast, FWS in
payment, rebate, subsidy, or any other form of direct or
2002 found that CBRA resulted in federal savings of
indirect Federal assistance” (16 U.S.C. §3502).
approximately $686 million (nominal dollars) in costs
Developments in System units that predate CBRA
related to infrastructure (roads and waste/potable water
designation, and/or development in OPAs, still may qualify
systems) and disaster relief from 1983 through 1996.
for some types of assistance. The only type of financial
Further, a 2019 study in the Journal of Coastal Research by
assistance prohibited in OPAs is federal flood insurance.
Coburn and Whitehead estimated that CBRA reduced
For more information on the relationship between the
federal coastal disaster expenditures by $9.5 billion (in
Federal Emergency Management Agency’s federal flood
2016 dollars) from 1989 to 2013. The study also projected
insurance and CBRA, see CRS Report R44808, Federal
future federal savings of between $11 billion and $108
Disaster Assistance: The National Flood Insurance
billion by 2068 (in 2016 dollars). Both the 2002 and 2019
Program and Other Federal Disaster Assistance Programs
studies used assumptions of the development rate and
Available to Individuals and Households After a Flood, by
federal agency expenditures that may impact the estimates
Diane P. Horn.
in different ways.
System Map Changes
Issues for Congress
CBRA requires congressional action to modify the
Congress may choose to consider questions related to the
boundaries of System areas, with three administrative
expansion, reduction, or modification of System areas;
exceptions. Adjustments to System boundaries may be
FWS’s oversight role; and authorization of appropriations.
made administratively (1) through minor and technical
Some Members of Congress typically introduce legislation
modifications “as are necessary solely to reflect changes
to expand, reduce, or change the boundaries of specific
that have occurred in the size or location of any System unit
System areas each year. Legislative proposals to modify
as a result of natural forces” at least once every five years;
System boundaries are often in response to FWS
(2) through additions to the System at the request of
recommendations and/or constituent requests. In the 116th
property owners; and (3) by additions of eligible excess
Congress, bills have been introduced and/or passed that
federal land (16 U.S.C. §3503). FWS completed its most
would enact additional FWS recommendations and make
recent five-year review process in 2016. During the process,
other System boundary changes (e.g., H.R. 1047, H.R.
FWS converted existing maps into a digital format and
2834/S. 1406, and P.L. 116-9).
modified CBRS boundaries to reflect natural changes. As of
July 1, 2019, FWS had completed digital conversion maps
Concerns also have centered on the role of FWS oversight
for 94% of the System’s acreage.
of other federal agency spending and actions in the System.
Some have argued that FWS should expand the
Congress has directed FWS to comprehensively review
interpretation of current statutory exemptions to federal
CBRS boundaries. Under P.L. 106-514 and P.L. 109-226,
spending restrictions to allow additional types of activities.
Congress charged FWS with completing a pilot study to
Expansion of exempted activities may raise concerns about
digitize a subset of System maps; reporting on the
how closely such activities align with the declared purposes
feasibility, data needs, and costs of digitizing the entire
of CBRA.
System; and subsequently digitizing remaining System
areas. As a result, approximately 14% of the System’s
CBRA’s authorization of appropriations expired in 2010.
acreage has been comprehensively reviewed. FWS
Congress has continued to appropriate funds to FWS to
recommendations for changes to these areas were submitted
implement CBRA—$1.4 million in each of FY2017
to Congress for approval in 2016, with the majority of
through FY2019. FWS has requested $1.4 million for
recommended changes enacted in P.L. 115-358. Post-
FY2020.
Hurricane Sandy, Congress provided supplemental funding
to the Department of the Interior, which used the funds to
Eva Lipiec, Analyst in Natural Resources Policy
review System maps in the Northeast. As a result, FWS
R. Eliot Crafton, Analyst in Natural Resources Policy
comprehensively revised maps for an additional 16% of the
System’s acreage. FWS is finalizing its recommendations to
IF10859
Congress for changes in these areas.
https://crsreports.congress.gov
The Coastal Barrier Resources Act (CBRA)
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
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https://crsreports.congress.gov | IF10859 · VERSION 4 · UPDATED