[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Pages 14032-14035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5598]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-FHC-2012-N030; FF09F21000, FXHC11240900000T5, 123]
John H. Chafee Coastal Barrier Resources System; Lee County, FL,
and Newport County, RI; Availability of Draft Maps and Request for
Comments
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of two John H. Chafee Coastal Barrier Resources System
(CBRS) draft revised maps for public review and comment. The first map,
dated January 10, 2012, is for two CBRS units located in Lee County,
Florida. The second map, dated September 30, 2009, is for four CBRS
units located in Newport County, Rhode Island.
DATES: To ensure consideration, we must receive your written comments
by April 23, 2012.
ADDRESSES: Mail or hand-deliver (during normal business hours) comments
to Katie Niemi, Coastal Barriers Coordinator, Division of Habitat and
Resource Conservation, U.S. Fish and Wildlife Service, 4401 N. Fairfax
Drive, Room 860A, Arlington, VA 22203, or send comments by electronic
mail (email) to CBRAcomments@fws.gov.
FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers
Coordinator, (703) 358-2161.
SUPPLEMENTARY INFORMATION:
Background
Coastal barriers are typically elongated, narrow landforms located
at the interface of land and sea. Coastal barriers provide important
habitat for fish and wildlife and serve as the mainland's first line of
defense against the impacts of severe storms. With the passage of the
Coastal Barrier Resources Act (CBRA) in 1982 (Pub. L. 97-348), Congress
recognized that certain actions and programs of the Federal Government
have historically subsidized and encouraged development on coastal
barriers and have resulted in the loss of valuable natural resources;
threats to human life, health, and property; and the expenditure of
millions of tax dollars to build structures and infrastructure and then
rebuild them again after damaging storms. The CBRA established the
CBRS, a defined set of 186 geographic units, encompassing approximately
453,000 acres, of undeveloped lands and associated aquatic habitat
along the Atlantic and Gulf of Mexico coasts. Most new Federal
expenditures and financial assistance that have the effect of
encouraging development are prohibited within the CBRS. Development can
still occur within the CBRS provided that private developers or other
non-Federal parties bear the full cost instead of the American
taxpayers. The CBRS was expanded by the Coastal Barrier Improvement Act
of 1990 (Pub. L. 101-591) to include additional areas along the
Atlantic and Gulf of Mexico coasts as well as areas along the Great
Lakes, Puerto Rico, and the U.S. Virgin Islands coasts. The CBRS now
comprises 857 units encompassing approximately 3.1 million acres of
coastal barrier lands and associated aquatic habitat. These areas are
depicted on a series of maps entitled ``John H. Chafee Coastal Barrier
Resources System.''
The CBRS includes two types of units, System units and Otherwise
Protected Areas (OPAs). System units generally comprise private lands
that were relatively undeveloped at the time of their designation
within the CBRS. Most new Federal expenditures and financial
assistance, including Federal flood insurance, are prohibited within
System units. OPAs generally comprise lands established under Federal,
State, or local law or held by a qualified organization primarily for
wildlife refuge, sanctuary, recreational, or natural resource
conservation purposes. OPAs are denoted with a ``P'' at the end of the
unit number. The only Federal spending prohibition within OPAs is the
prohibition on Federal flood insurance.
The Secretary of the Interior (Secretary), through the Service, is
responsible for administering the CBRA, which includes maintaining the
official maps of the CBRS; consulting with Federal agencies that
propose to spend funds within the CBRS; preparing draft maps that
update and correct existing maps; and making recommendations to
Congress regarding proposed changes to the CBRS. Aside from three minor
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exceptions, only Congress--through new legislation--can modify the maps
of the CBRS to add or remove land. These exceptions include: (1) The
CBRA 5-year review requirement, which considers only changes that have
occurred to the CBRS by natural forces such as erosion and accretion;
(2) voluntary additions to the CBRS by property owners; and (3)
additions of excess Federal property to the CBRS. The proposed changes
described in this notice, including any additions to and deletions from
the CBRS, will become effective only if enacted by Congress through new
legislation.
Proposed Changes to the John H. Chafee Coastal Barrier Resources System
in Florida
The Service has prepared a comprehensively revised map for
Gasparilla Island Units FL-70/FL-70P, dated January 10, 2012, in
response to a request from the House of Representatives Subcommittee on
Fisheries, Wildlife, Oceans, and Insular Affairs (Subcommittee).
Legislation was introduced in the 112th Congress (H.R. 2154) to replace
the existing map for Gasparilla Island Unit FL-70P with a revised map.
The Service testified before the Subcommittee on October 25, 2011, and
did not take a position on H.R. 2154 because the Service had not yet
conducted a comprehensive review of the area at the time. The Service
receives numerous requests from property owners and other interested
parties who seek to remove lands from the CBRS. Before the Service can
make an informed recommendation to the Congress concerning whether a
change to a CBRS unit is appropriate, the Service must conduct a
comprehensive review of the history of the CBRS unit in question. The
Service has a large backlog of requests to conduct reviews of CBRS
units. These reviews are time and resource intensive, and the Service
attempts to conduct them on a first-in, first-out, basis to be fair to
property owners who have been waiting the longest for their area to be
reviewed and potentially remapped.
Below is a summary of the proposed changes depicted on the draft
map for Units FL-70/FL-70P.
The Service's draft revised map for Units FL-70/FL-70P removes
approximately 6 upland acres from the CBRS and adds approximately 1,759
acres to the CBRS (including 87 acres of upland and 1,672 acres of
associated aquatic habitat). The Service's assessment of 2011 aerial
imagery estimates that the draft map for Units FL-70/FL-70P removes
from the CBRS a total of 27 structures, including 25 privately owned
homes, 1 home owned by Lee County, and 1 restaurant. The Service's
assessment of 2011 aerial imagery estimates that the draft map for
Units FL-70/FL-70P adds to the CBRS a total of 5 structures, including
4 park-related structures (2 maintenance sheds, 1 bathhouse/restroom,
and 1 chapel) and 1 structure owned by Florida Power and Light. The
draft map also adds to the CBRS an operational lighthouse owned by the
U.S. Coast Guard known as the Boca Grande Rear Range Light. The map
makes progress towards fulfilling a mandate in the Coastal Barrier
Resources Reauthorization Act of 2006 (Pub. L. 109-226) to modernize
all CBRS maps.
The proposed Unit FL-70P boundary was adjusted to more precisely
follow the boundaries of Gasparilla Island State Park; remove private
lands that were not intended to be part of the OPA; and add lands that
are appropriate for inclusion within the OPA. At the northern end of
Unit FL-70P, the boundaries were adjusted to add the adjacent Boca
Grande Ballfield Site, owned by Lee County, and additional State park
lands to Unit FL-70P. A new discrete segment is proposed for inclusion
within Unit FL-70P to add lands owned by the Gasparilla Island
Conservation and Improvement Association. This new discrete segment is
located on a spit to the northeast of the State park and is connected
to the main portion of Unit FL-70P by the proposed new System Unit FL-
70. The draft map adds approximately 246 total acres to Unit FL-70P,
including 42 acres of upland and 204 acres of associated aquatic
habitat. The draft map removes approximately 6 upland acres from Unit
FL-70P. The draft map also reclassifies 2 acres from OPA Unit FL-70P to
System Unit FL-70, including 1 acre of upland and 1 acre of associated
aquatic habitat.
Unit FL-70 is a proposed new System unit that contains undeveloped
coastal barrier lands and associated aquatic habitat that are adjacent
to or in the vicinity of Unit FL-70P. The proposed new unit contains
parcels that are owned by Lee County, the Boca Bay Master Association,
the U.S. Coast Guard, and Florida Power and Light. The Service's
assessment indicates that these lands meet the CBRA definition of an
``undeveloped coastal barrier'' (Section 12 of Pub. L. 101-591), but do
not meet the definition of ``otherwise protected'' that was published
by the Department of the Interior in the Federal Register on March 4,
1985 (50 FR 8701). Although an April 2011 Lee County Future Land Use
Map classifies some of these areas as conservation lands and/or
environmentally critical, the Service is not aware of compelling
evidence of an intent on the part of the owners to dedicate these lands
for conservation or public recreation (e.g., deed restriction,
conservation easement, etc.). Therefore, the Lee County, Boca Bay
Master Association, U.S. Coast Guard, and Florida Power and Light
parcels are proposed for inclusion within a new System unit, FL-70,
instead of within the existing OPA.
CBRS areas generally include coastal barrier lands and the aquatic
habitat associated with the coastal barrier. The draft map proposes the
addition of aquatic habitat associated with Units FL-70/FL-70P. With
the exception of the northeasternmost segment of Unit FL-70P, the
associated open water sand-sharing area of Charlotte Harbor, Boca
Grande, and the Gulf of Mexico is proposed for inclusion within System
Unit FL-70. The open water sand-sharing area currently within OPA FL-
70P (located along the Gulf of Mexico near the southern tip of
Gasparilla Island) is proposed for reclassification from OPA FL-70P to
System Unit FL-70. The Unit FL-70 boundary on the Charlotte Harbor side
is drawn as a straight line approximately one mile landward of the
farthest extent of the wetlands, which is consistent with established
boundary delineation criteria (50 FR 8701). The Unit FL-70 boundary on
the Gulf of Mexico side is open to include the entire sand-sharing
system (normally defined by the 30-foot bathymetric contour), which is
also consistent with established boundary delineation criteria (50 FR
8701, March 4, 1985).
The draft map adds approximately 1,513 total acres to Unit FL-70,
including 45 acres of upland and 1,468 acres of associated aquatic
habitat. The draft map also reclassifies 2 acres from OPA Unit FL-70P
to System Unit FL-70 including 1 acre of upland and 1 acre of
associated aquatic habitat.
Proposed Changes to the John H. Chafee Coastal Barrier Resources System
in Rhode Island
The Service has prepared a comprehensively revised map dated
September 30, 2009, for Sachuest Point Unit RI-04P, Easton Beach Unit
RI-05P, Almy Pond Unit RI-06, and Hazards Beach Unit RI-07. The Service
received a request in 2004 to review CBRS Unit RI-05P. When the Service
finds a technical mapping error that warrants a change in one part of a
CBRS map, we review all adjacent areas on the map to ensure that the
entire map is accurate. This comprehensive approach to map revisions
treats all landowners who may
[[Page 14034]]
be affected equitably, and it also ensures that the Service and
Congress will not have to revisit the same map in the future. In
accordance with this comprehensive mapping approach, the Service
reviewed and revised the boundaries of Units RI-04P, RI-06, and RI-07,
which are located on the same map panel as Unit RI-05P.
Legislation was introduced in the 111th Congress (H.R. 5331) that
would replace the existing map for Units RI-04P, RI-05P, RI-06, and RI-
07, with the revised map dated September 30, 2009. The Service
testified in support of H.R. 5331 at a hearing before the Subcommittee
on July 27, 2010. The 111th Congress did not enact the legislation into
law. Legislation was introduced in the 112th Congress (H.R. 2027 and S.
1296) that would replace the existing map for this area with the
revised map dated September 30, 2009. The Subcommittee held a hearing
on H.R. 2027 on October 25, 2011, and the Service testified in support
of the legislation. On February 1, 2012, the Senate passed S. 1296.
Below is a summary of the proposed changes depicted on the draft
map for Units RI-04P, RI-05P, RI-06, and RI-07.
The Service's draft revised map for Units RI-04P, RI-05P, RI-06,
and RI-07, removes approximately 22 acres (including 20 acres of upland
and 2 acres of associated aquatic habitat) from the CBRS and adds
approximately 67 acres (including 34 acres of upland and 33 acres of
associated aquatic habitat) to the CBRS. The Service's assessment of
2010 aerial imagery estimates that the draft map for Units RI-04P, RI-
05P, RI-06, and RI-07 removes a total of 8 structures, including 7
homes and 1 pump house and adds no structures to the CBRS. The map
makes progress towards fulfilling a mandate in the Coastal Barrier
Resources Reauthorization Act of 2006 (Pub. L. 109-226) to modernize
all CBRS maps.
The proposed Unit RI-04P boundary was adjusted to include areas
that are appropriate for inclusion within the OPA, including portions
of the lands owned by the Norman Bird Sanctuary, the City of Newport
Water Department, and the Town of Middletown (Second Beach). The draft
map adds approximately 24 total acres to Unit RI-04P, including 14
acres of upland and 10 acres of associated aquatic habitat. The draft
map removes 1 upland acre from Unit RI-04P.
The proposed Unit RI-05P boundary was adjusted to more precisely
follow the boundaries of Easton Beach and Easton Pond, which are owned
by the City of Newport; add public beach and park lands owned by the
Town of Middletown that are appropriate for inclusion within the OPA;
and remove private lands that were not intended to be part of the OPA.
The draft map adds approximately 10 acres to Unit RI-05P, including 3
acres of upland and 7 acres of associated aquatic habitat. The draft
map removes approximately 15 total acres from Unit RI-05P, including 14
acres of upland and 1 acre of associated aquatic habitat.
The proposed Unit RI-06 boundary was adjusted to add the remaining
undeveloped portions of the privately owned Bailey's Beach; more
precisely follow the wetland/upland interface around Almy Pond; and
remove lands that were not intended to be part of the unit. The draft
map adds approximately 7 total acres to Unit RI-06, including 3 acres
of upland and 4 acres of associated aquatic habitat. The draft map
removes a total of approximately 5 upland acres from Unit RI-06.
The proposed Unit RI-07 boundary was adjusted to include all of the
privately owned Gooseberry Beach and most of the privately owned
Hazards Beach; more precisely follow the wetland/upland interface
around Lily Pond; and include a parcel that the Audubon Society of
Rhode Island has voluntarily requested be added to the CBRS as a System
unit. The offshore boundaries have been lengthened to clarify that
Gooseberry Island is included in the unit. The draft map adds
approximately 26 total acres to Unit RI-07, including 14 acres of
upland and 12 acres of associated aquatic habitat. The draft map
removes 1 acre of associated aquatic habitat from Unit RI-07.
Proposed Additions to the John H. Chafee Coastal Barrier Resources
System
The draft revised maps for Units FL-70, FL-70P, RI-04P, RI-05P, RI-
06, and RI-07 propose additions to the CBRS that are consistent with a
directive in Section 4 of Public Law 109-226 concerning recommendations
for expansion of the CBRS. The proposed boundaries depicted on the
draft maps for Florida and Rhode Island are based upon the best data
available to the Service at the time the draft maps were created. Our
assessment indicated that any new areas proposed for addition to the
CBRS were relatively undeveloped at the time the draft maps were
created.
Section 2 of the Coastal Barrier Resources Reauthorization Act of
2000 (Pub. L. 106-514) codified the following guidelines for what the
Secretary shall consider when making recommendations to the Congress
regarding the addition of any area to the CBRS and in determining
whether, at the time of inclusion of a System unit within the CBRS, a
coastal barrier is undeveloped: (1) The density of development is less
than one structure per 5 acres of land above mean high tide; and (2)
there is existing infrastructure consisting of a road, with a
reinforced road bed, to each lot or building site in the area; a
wastewater disposal system sufficient to serve each lot or building
site in the area; electric service for each lot or building site in the
area; and a fresh water supply for each lot or building site in the
area.
If, upon review of the draft maps for Florida and Rhode Island,
interested parties find that any areas proposed for addition to the
CBRS currently exceed the development threshold established by Section
2 of Public Law 106-514, they may submit supporting documentation of
such development to the Service during this public comment period. For
any areas proposed for addition to the CBRS on the draft map, we will
consider the density of development and level of infrastructure on the
ground as of the close of the comment period on the date listed in the
DATES section of this notice.
Request for Comments
We invite the public to review and comment on the draft revised map
dated January 10, 2012, for CBRS Units FL-70/FL-70P and the draft
revised map dated September 30, 2009, for CBRS Units RI-04P, RI-05P,
RI-06, and RI-07. The Service is specifically notifying the following
stakeholders concerning the availability of the draft revised maps: the
Chair and Ranking Member of the House of Representatives Committee on
Natural Resources; the Chair and Ranking Member of the Senate Committee
on Environment and Public Works; the members of the Senate and House of
Representatives for the potentially affected areas; the Governors of
Florida and Rhode Island; Federal, State, and local officials; and
nongovernmental organizations.
Interested parties may submit written comments and accompanying
data to the individual and location identified in the ADDRESSES section
above. The Service will also accept digital Geographic Information
System (GIS) data files that are accompanied by written comments.
Comments regarding specific units should reference the appropriate CBRS
unit number and unit name. We must receive comments on or before the
date listed in the DATES section of this document.
Following the close of the comment period on the date listed in the
DATES section of this document, we will
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review all comments received on the draft maps and we will make
adjustments to the draft maps, as appropriate, based on information
received through public comments, updated aerial imagery, CBRA
criteria, and objective mapping protocols. We will then prepare final
recommended maps to be submitted to Congress. The final recommended
maps will become effective only if they are enacted by Congress through
new legislation.
Availability of Draft Maps and Related Information
The draft maps, summaries of the proposed boundary changes, and
digital boundary data can be accessed and downloaded from the Service's
Internet site: http://www.fws.gov/CBRA/. The digital boundary data are
available in shapefile format for reference purposes only. The Service
is not responsible for any misuse or misinterpretation of the digital
boundary data.
Interested parties may also contact the Service individual
identified in the FOR FURTHER INFORMATION CONTACT section above to make
arrangements to view the draft maps at the Service's Washington Office.
In the past, draft CBRS maps were also made available for public
viewing at the appropriate Service regional and field offices. Because
most interested parties now access the draft maps via the Internet, the
Service is no longer making the draft maps available for public viewing
at its regional and field offices. Interested parties who are unable to
access the draft maps via the Internet or at the Service's Washington
Office may contact the Service individual identified in the FOR FURTHER
INFORMATION CONTACT section above, and reasonable accommodations will
be made to ensure the public's ability to view the draft maps.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Dated: February 16, 2012.
Bryan Arroyo,
Assistant Director for Fisheries and Habitat Conservation.
[FR Doc. 2012-5598 Filed 3-7-12; 8:45 am]
BILLING CODE 4310-55-P