[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Notices]
[Pages 7491-7493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02655]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-ES-2014-N249; FF09E15000-FXHC112509CBRA1-156]
John H. Chafee Coastal Barrier Resources System; Collier County,
FL; 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 three John H. Chafee Coastal Barrier Resources System
(CBRS) draft revised maps for public review and comment. The draft
maps, all dated November 10, 2014, are for three existing CBRS units
and two proposed new CBRS units located in Collier County, Florida.
DATES: To ensure consideration, we must receive your written comments
by March 27, 2015.
ADDRESSES: Mail or hand-deliver (during normal business hours) comments
to Katie Niemi, Coastal Barriers Coordinator, Division of Budget and
Technical Support, U.S. Fish and Wildlife Service, 5275 Leesburg Pike,
MS: ES, Falls Church, VA 22041, or send comments by electronic mail
(email) to CBRAcomments@fws.gov.
FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers
Coordinator, (703) 358-2071 (telephone); or CBRA@fws.gov (email).
SUPPLEMENTARY INFORMATION:
Background
Coastal barriers are typically elongated, narrow landforms located
at the interface of land and sea, and are inherently dynamic
ecosystems. 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,
where severe storms are much more likely to occur, and the result has
been the loss of natural resources; threats to human life, health, and
property; and the expenditure of millions of tax dollars each year.
The CBRA established the CBRS, which comprised 186 geographic units
encompassing approximately 453,000 acres of undeveloped lands and
associated aquatic habitat along the Atlantic and Gulf of Mexico
coasts. 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 coasts of the
Great Lakes, the U.S. Virgin Islands, and Puerto Rico. The CBRS now
comprises a total of 856 geographic units, encompassing approximately
3.2 million acres of relatively undeveloped coastal barrier lands and
associated aquatic habitat. These areas are depicted on a series of
maps entitled ``John H. Chafee Coastal Barrier Resources System.''
Most new Federal expenditures and financial assistance that would
have the effect of encouraging development are prohibited within the
CBRS. However, development can still occur within the CBRS, provided
that private developers or other non-Federal parties bear the full
cost, rather than the American taxpayers.
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
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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 updated maps of the
CBRS, and making recommendations to Congress regarding proposed changes
to the CBRS. Aside from three minor exceptions, only Congress--through
new legislation--can modify the maps of the CBRS to add or remove land.
These exceptions, which allow the Secretary to make limited
modifications to the CBRS (16 U.S.C. 3503(c)-(e)), are for: (1) Changes
that have occurred to the CBRS as a result of natural forces, (2)
voluntary additions to the CBRS by property owners, and (3) additions
of excess Federal property to the CBRS.
Comprehensive Remapping Approach
When the Service is asked to determine whether a proposed change to
remove land from the CBRS constitutes an appropriate technical
correction, we consider whether the original intent of the boundaries
is reflected on the maps (i.e., whether the lines on the maps
appropriately follow the features they were intended to follow on the
ground). We also consider the level of development that was on the
ground when the area was originally included in the CBRS by Congress.
The CBRA requires that we consider the following criteria when
assessing the development status of a CBRS unit: (1) The density of
development on an undeveloped coastal barrier is less than one
structure per 5 acres of land above mean high tide; and (2) an
undeveloped coastal barrier does not contain a full complement of
infrastructure, which would include a road, fresh water supply,
wastewater disposal system, and electric service for each lot or
building site. These criteria were originally published in a notice in
the Federal Register by the Department of the Interior in 1982 and were
later codified by Congress in the 2000 reauthorization of the CBRA
(section 2 of Pub. L. 106-514).
The Service does not support removing land from the CBRS, unless
there is compelling evidence that a mapping error was made. In cases
where mapping errors are found, the Service supports changes to the
maps and works with Congress and other interested parties to create
comprehensively revised maps using modern digital technology.
When the Service finds a technical mapping error that warrants a
change in one part of a CBRS map, we review all adjacent areas to
ensure that the entire map is accurate. The Service strongly believes
that instead of pursuing targeted changes to CBRS maps, Congress should
enact comprehensively revised CBRS maps. This comprehensive approach to
map revisions treats equitably all landowners who may be affected. It
is also more efficient and cost effective in the long run because it
ensures that all legitimate errors are corrected and any new areas
appropriate for inclusion within the CBRS are identified (per a
directive in section 4 of Pub. L. 109-226) at the same time, so that
the Service and Congress will not have to revisit the same map in the
future.
Proposed Changes to the CBRS in Florida
The Service has prepared comprehensively revised draft maps for
Cape Romano Unit P15, Keewaydin Island Unit P16, and Tigertail Unit FL-
63P, all of which are dated November 10, 2014. The draft maps also
include two proposed new OPAs, Cape Romano Unit P15P and Keewaydin
Island Unit P16P, which are within the vicinity of the existing units
and contain undeveloped coastal barrier lands and associated aquatic
habitat. The draft maps for Units P15/P15P, P16/P16P, and FL-63P remove
approximately 99 acres from the CBRS (73 acres of uplands and 26 acres
of associated aquatic habitat) and add approximately 17,143 acres to
the CBRS (442 acres of uplands and 16,701 acres of associated aquatic
habitat). The draft maps remove areas that were inappropriately
included within the CBRS in the past and add areas that meet the CBRA
criteria for inclusion within the CBRS. The draft maps also reclassify
certain areas from System unit to OPA, and vice versa, in accordance
with the Service's standard CBRS remapping protocols and with
consideration given to input provided by landowners.
The proposed boundary of Unit P15 does not remove any areas from
the CBRS. The proposed boundary of the unit is modified to add to the
CBRS areas that meet the CBRA criteria for an undeveloped coastal
barrier, including areas owned by the Service that are part of the Ten
Thousand Islands National Wildlife Refuge; areas owned by the State of
Florida (State) that are part of the Cape Romano--Ten Thousand Islands
Aquatic Preserve, Rookery Bay Aquatic Preserve (RBAP), and Rookery Bay
National Estuarine Research Reserve (RBNERR); and some privately owned
areas on the southeastern side of Horrs Island and along Barfield Bay.
The proposed boundary of the unit does not include within the CBRS
portions of Horrs Island (also known as Key Marco), where the existing
level of development exceeds the development threshold codified by the
Coastal Barrier Resources Reauthorization Act of 2000 (section 2 of
Pub. L. 106-514).
The proposed boundary of Unit P16 is modified to remove from the
CBRS the Royal Marco Point, La Peninsula, and Twin Dolphins condominium
complexes, and a few private homes on the Isles of Capri. The proposed
boundary of the unit is also modified to add to the CBRS areas that
meet the CBRA criteria for an undeveloped coastal barrier, including
areas owned by the National Audubon Society, areas owned by the State
that are part of RBAP and RBNERR, submerged areas in Tarpon Bay owned
by Collier County, and some privately owned areas (including a mangrove
island, portions of the ``Isles of Collier Preserve'' Planned Unit
Development, and areas owned by the Hideaway Beach Association).
Portions of Sand Dollar Island that are owned by the State and are
currently within Unit FL-63P are proposed for reclassification to Unit
P16. The Service's review found no documentation indicating that this
area is held for conservation or recreation (in accordance with the
CBRA definition of an OPA); however, it does meet the criteria for a
System Unit. There is also a portion of Sand Dollar Island that is
proposed for addition to Unit P16; this portion is currently located
outside of the CBRS between Unit FL-63P and Unit P16.
The proposed boundary of Unit FL-63P is modified to remove from the
CBRS several structures in the South Seas Club community and more
precisely follow the boundary of Tigertail Beach Park, which is owned
by Collier County. Portions of Sand Dollar Island that are owned by the
State and are currently within Unit FL-63P are proposed for
reclassification to Unit P16.
The proposed boundary of Unit P15P includes within the CBRS areas
owned
[[Page 7493]]
by the State that are part of the RBNERR, minor portions of the RBAP
owned by the State, and areas owned by the Key Marco Community
Association that are subject to a conservation easement. There are no
known private inholdings within the proposed boundaries of Unit P15P.
The proposed boundary of Unit P16P includes within the CBRS areas
owned by the State that are part of the RBNERR; minor portions of the
RBAP owned by the State; areas owned by the City of Naples that are
subject to a conservation easement; the Shell Island Preserve, and
other conservation areas in Tarpon Bay that are owned by Collier
County; and a private inholding at the northern end of Henderson Creek
that is completely surrounded by the RBNERR.
Proposed Additions to the CBRS
The draft maps for Units P15/P15P, P16/P16P, and FL-63P 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
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 Public Law 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, 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 maps, 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.
Request for Comments
Section 4 of Public Law 109-226 requires the Secretary to provide
an opportunity for the submission of public comments. We invite the
public to review and comment on the draft maps dated November 10, 2014
for CBRS Units P15/P15P, P16/P16P, and FL-63P. 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 Governor of Florida; other 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. 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.
Following the close of the comment period on the date listed in the
DATES section, we will 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 legislation.
Availability of Draft Maps and Related Information
The draft maps, unit summaries (containing historical and more
detailed information regarding proposed changes to the units), and
digital boundary data can be accessed and downloaded from the Service's
Web site: http://www.fws.gov/CBRA. The digital boundary data are
available for reference purposes only. The digital boundaries are best
viewed using the base imagery to which the boundaries were drawn; this
information is printed in the title block of the draft maps. 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 to make
arrangements to view the draft maps at the Service's Headquarters
Office. Interested parties who are unable to access the draft maps via
the Service's Web site or at the Service's Headquarters Office may
contact the Service individual identified in the FOR FURTHER
INFORMATION CONTACT section, and reasonable accommodations will be made
to ensure the individual'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: January 27, 2015.
Gary Frazer,
Assistant Director for Ecological Services.
[FR Doc. 2015-02655 Filed 2-9-15; 8:45 am]
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