[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Pages 15743-15746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7772]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-FHC-2008-N0328; 94300-1124-0000-T5]


Coastal Barrier Resources System Digital Mapping Pilot Project

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: This notice announces the availability of the Report to 
Congress: John H. Chafee Coastal Barrier Resources System Digital 
Mapping Pilot Project and draft maps for public review and comment. 
This notice also advises the public where the report and draft maps may 
be obtained and where comments should be sent.

DATES: We must receive comments on or before July 6, 2009.

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 (e-mail) to [email protected]. For information about how to get 
copies of the pilot project report and maps or where to go to view 
them, see SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers 
Coordinator, (703) 358-2161.

SUPPLEMENTARY INFORMATION: 

Background

    The Coastal Barrier Resources Act (CBRA) of 1982 (16 U.S.C. 3501 et 
seq.) established the John H. Chafee Coastal Barrier Resources System 
(CBRS) to minimize the loss of human life; reduce wasteful Federal 
expenditures; and minimize the damage to fish, wildlife, and other 
natural resources associated with coastal barriers. Most new Federal 
expenditures and financial assistance that have the effect of 
encouraging development are prohibited within the CBRS. In the Coastal 
Barrier Improvement Act of 1990 (Pub. L. 101-591), Congress amended 
CBRA to add new units, enlarge some previously designated units, add 
Otherwise Protected Areas (OPAs) as a new category of lands, and 
approve a series of maps entitled ``John H. Chafee Coastal Barrier 
Resources System'' and dated October 24, 1990. These maps identify and 
depict those coastal barriers located on the coasts of the Atlantic 
Ocean, Gulf of Mexico, Great Lakes, Virgin Islands, and Puerto Rico 
that are subject to the Federal funding limitations outlined in CBRA.
    The Secretary of the Interior (Secretary), through the U.S. Fish 
and Wildlife Service (Service), is responsible for administering CBRA, 
which includes: maintaining the official maps of the CBRS; consulting 
with Federal agencies that propose spending funds within the CBRS; and 
making recommendations to Congress regarding whether certain areas were 
appropriately included in the CBRS. Aside from three minor exceptions, 
only Congress through new legislation, can modify the CBRS boundaries 
to add or remove land. These exceptions include: (1) The CBRA 5-year 
review requirement that solely considers 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.

[[Page 15744]]

Digital Mapping Pilot Project

    Section 6 of the Coastal Barrier Resources Reauthorization Act of 
2000 (CBRRA of 2000; Pub. L. 106-514) directs the Secretary, in 
consultation with the Director of the Federal Emergency Management 
Agency, to carry out a pilot project to determine the feasibility and 
cost of creating digital versions of the CBRS maps. CBRRA of 2000 
specifies that the pilot project consist of the creation of digital 
maps for no more than 75 units and no fewer than 50 units of the CBRS, 
one-third of which shall be OPAs. CBRRA of 2000 directs the Secretary 
to submit to the Committee on Environment and Public Works of the 
Senate, and the Committee on Resources of the House of Representatives, 
a report that describes the results of the pilot project and the 
feasibility, data needs, and costs of completing digital maps for the 
entire CBRS. CBRRA of 2000 specifies that the report shall include a 
description of: (1) The cooperative agreements that would be necessary 
to complete digital mapping of the entire CBRS; (2) the extent to which 
the data necessary to complete digital mapping of the entire CBRS are 
available; (3) the need for additional data to complete digital mapping 
of the entire CBRS; (4) the extent to which the boundary lines on the 
digital maps differ from the boundary lines on the original maps; and 
(5) the amount of funding necessary to complete digital mapping of the 
entire CBRS.
    In September 2008, the Secretary, through the Service, submitted 
the report required by CBRRA of 2000 to the Congress. The report 
contains draft revised maps for 70 units, comprising approximately 10 
percent of the entire CBRS, and a framework for modernizing the 
remainder of the CBRS maps. The pilot project units are located in 
Delaware, North Carolina, South Carolina, Florida, and Louisiana. A 
list of all 70 pilot project units is attached to this notice as 
Appendix A.
    The Service's proposed pilot project boundary changes are described 
in the report to Congress and are depicted in Appendix D of the report, 
which includes draft maps and accompanying unit summaries for each of 
the pilot project units. The different types of proposed boundary 
changes reflected in the draft pilot project maps include: alignment 
with geomorphic features (e.g., shorelines), development features 
(e.g., edge of a road, property parcel boundaries), and cultural 
features (e.g., park boundaries); adjustment to reflect geomorphic 
change; adjustment to map channel boundaries consistently; addition of 
associated aquatic habitat; addition of conservation or recreation area 
to existing OPAs; addition of new OPAs; addition of undeveloped 
fastland (land above mean high tide) not currently within the CBRS; 
removal of private land that was inadvertently included within an OPA; 
and reclassification from System unit to OPA and vice-versa. In cases 
where we found no compelling evidence to propose a revised boundary, 
the existing boundary remains unchanged.

Digital Mapping Pilot Project Finalization

    The draft pilot project maps will not become effective until they 
are enacted by Congress through new legislation. Before the Service 
presents Congress with final recommended maps for its consideration and 
enactment, we are soliciting, through this notice, public review of and 
comment on the draft pilot project maps. Section 3 of the Coastal 
Barrier Resources Reauthorization Act of 2005 (CBRRA of 2005; Pub. L. 
109-226) directs the Secretary to submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Resources of the House of Representatives, a report that contains: (1) 
The final recommended maps created under the digital mapping pilot 
project; (2) recommendations for the adoption of the digital maps by 
Congress; (3) a summary of the comments received from the Governors of 
the States, other government officials, and the public regarding the 
digital maps; (4) a summary and update of the protocols and findings of 
the report required under section 6(d) of the CBRRA of 2000; and (5) an 
analysis of any benefits that the public would receive by using digital 
mapping technology for all System units and OPAs. CBRRA of 2005 
requires the Secretary to prepare the report in consultation with the 
Governors of the States in which any System units and OPAs are located 
and after providing an opportunity for the submission and consideration 
of public comments.
    This notice announces the availability of the pilot project report 
and draft maps for public review and comment. Following the close of 
the comment period on the date listed in the DATES section of this 
document, we will review all public comments received and make 
adjustments to the draft pilot project maps, as appropriate, based on 
CBRA's criteria and objective mapping protocols. We will create a set 
of final recommended maps to address the comments made during the 
public comment period and to update the underlying base maps with newer 
aerial imagery where practicable. The final recommended maps will be 
included in a report to Congress, per the directives of CBRRA of 2005.

Proposed Additions to the CBRS

    The proposed boundaries depicted on the pilot project maps are 
based upon the best data available to the Service at the time the draft 
maps were created. In general, our assessment indicated that any new 
areas proposed to be added to the CBRS were undeveloped at the time the 
pilot project maps were created. We provide the following explanation 
concerning our development assessment for any new areas proposed to be 
added to the CBRS.
    Section 2 of the CBRRA of 2000 codified 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. We are not aware of any existing 
structures located on lands proposed for addition to the CBRS as System 
units. If, however, a full complement of infrastructure currently 
exists on the ground for any areas proposed for addition to the CBRS as 
System units, interested parties may submit documentation of such 
infrastructure to the Service for consideration during this public 
comment period. A full complement of infrastructure includes: (1) A 
road, with a reinforced road bed, to each lot or building site in the 
area; (2) a wastewater disposal system sufficient to serve each lot or 
building site in the area; (3) electric service for each lot or 
building site in the area; and (4) a fresh water supply for each lot or 
building site in the area. For any pilot project areas proposed for 
addition to the CBRS as System units, we will consider the level of 
infrastructure on the ground as of the publication date of this notice. 
This guidance related to infrastructure will be considered in areas 
being proposed for addition to the CBRS as System units. We will not 
consider the presence of infrastructure in areas that are currently 
located within the CBRS, but are being proposed in the pilot project 
for reclassification from OPA to System unit status.

Unit FL-64P, Clam Pass, Florida

    We note that the proposed pilot project map for Unit FL-64P, Clam 
Pass, was enacted into law by Public Law 110-419 on October 15, 2008, 
and is now the controlling map for that unit. We will accept public 
comments related

[[Page 15745]]

to this map during the public comment period and include a summary of 
any comments received in the report to the Congress required by CBRRA 
of 2005.

Request for Comments

    We invite the public to review and comment on the digital mapping 
pilot project report to Congress and draft maps created for the 70 CBRS 
units through the pilot project. The Service is distributing copies of 
pilot project report and draft maps to the House of Representatives 
Committee on Natural Resources, the Senate Committee on Environment and 
Public Works, the members of Congress of each affected area, the 
Governors of the States in which any System units and OPAs are located, 
other Federal agencies, local officials, and numerous other 
stakeholders.
    The pilot project report to Congress, draft maps, unit summaries, 
and digital boundary data can all be accessed and downloaded from the 
Service's Internet site: http://www.fws.gov/habitatconservation/coastal_barrier.html. The public may also contact the Service offices 
listed in Appendix B of this notice to make arrangements to view the 
maps. Interested parties may submit written comments and accompanying 
data to the individual and location identified in the ADDRESSES section 
above. Comments regarding specific maps should reference the 
appropriate CBRS unit number and unit name. Appendix A of this notice 
provides a listing of the pilot project units by State, unit number, 
unit name, and county. We must receive comments on or before the date 
listed in the DATES section of this document.
    Below is a description of the materials associated with the pilot 
project that are being made available to the public.
    (1) Report to Congress--describes the results of the pilot project 
and the feasibility, data needs, and costs of completing digital maps 
for the entire CBRS. The draft maps and unit summaries for each of the 
70 pilot project units are included in Appendix D of the report.
    (2) Draft maps--for each of the 70 pilot project units depict: (1) 
The existing CBRS boundary and (2) the proposed boundary which 
represents the Service's recommendation for the boundary placement.
    (3) Unit summaries--for each of the 70 pilot project units describe 
the existing boundaries and proposed changes to the boundaries as well 
as the associated acreage and shoreline mile changes.
    (4) Digital boundary data--for each of the 70 pilot project units 
are being made available in shapefile format for reference purposes 
only. The Service is not responsible for any misuse or 
misinterpretation of this digital data. During the public comment 
period, the Service will accept digital GIS data files that are 
accompanied by written comments.
    (5) Background records--for each of the 70 pilot project units 
contain the historical background for each unit, including previously 
enacted maps, documents referenced during the boundary intent 
assessment phase, maps showing different data types used to assess 
boundary intent, signed maps for stakeholder concurrence on OPA 
boundaries, and any other documentation that describes the placement of 
the proposed boundaries. These records are maintained by the Service 
and, upon request, may be viewed by the public at the Service's 
headquarters office.

Public Availability of Comments

    Before including your address, phone number, e-mail 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.

Digital Mapping Project for the Remaining Units of the CBRS

    Section 4 of the CBRRA of 2005 directs the Secretary to carry out a 
project to create digital versions of all of the CBRS maps that were 
not included in the pilot project. We plan to continue modernizing the 
maps of the CBRS as resources are made available for this effort.

Appendix A--Pilot Project Units

    Below is a listing of the pilot project units by State, unit 
number, unit name, and county.

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State of Delaware (1 Map):
    DE-07............................  Delaware Seashore............  Sussex
    DE-07P...........................  Delaware Seashore............  Sussex
    H01..............................  North Bethany Beach..........  Sussex
State of North Carolina (9 Maps):
    NC-01............................  Pine Island Bay..............  Currituck, Dare
    NC-05P...........................  Roosevelt Natural Area.......  Carteret
    NC-06............................  Hammocks Beach...............  Onslow
    NC-06P...........................  Hammocks Beach...............  Onslow, Carteret
    L05..............................  Onslow Beach.................  Onslow
    L06..............................  Topsail......................  Onslow
    L07..............................  Lea Island Complex...........  Pender, New Hanover
    L08..............................  Wrightsville Beach...........  New Hanover
    L09..............................  Masonboro Island.............  New Hanover
State of South Carolina (1 Map):
    M02..............................  Litchfield Beach.............  Georgetown
    M03..............................  Pawleys Inlet................  Georgetown
State of Florida (27 Maps):
    FL-01............................  Fort Clinch..................  Nassau
    FL-01P...........................  Fort Clinch..................  Nassau
    P04A.............................  Usinas Beach.................  St. Johns
    P05..............................  Conch Island.................  St. Johns
    P05P.............................  Conch Island.................  St. Johns
    P08..............................  Ponce Inlet..................  Volusia
    P08P.............................  Ponce Inlet..................  Volusia
    FL-13P...........................  Spessard Holland Park........  Brevard
    P09A.............................  Coconut Point................  Brevard
    P09AP............................  Coconut Point................  Brevard
    P10A.............................  Blue Hole....................  Indian River, St. Lucie

[[Page 15746]]

 
    FL-14P...........................  Pepper Beach.................  St. Lucie
    P11..............................  Hutchinson Island............  St. Lucie
    P11P.............................  Hutchinson Island............  St. Lucie
    FL-15............................  Blowing Rocks................  Martin, Palm Beach
    FL-16P...........................  Jupiter Beach................  Palm Beach
    FL-17P...........................  Carlin.......................  Palm Beach
    FL-18P...........................  MacArthur Beach..............  Palm Beach
    FL-19............................  Birch Park...................  Broward
    FL-19P...........................  Birch Park...................  Broward
    FL-20P...........................  Lloyd Beach..................  Broward
    P14A.............................  North Beach..................  Broward
    FL-39............................  Tavernier Key................  Monroe
    FL-40............................  Snake Creek..................  Monroe
    FL-43............................   Channel Key.................  Monroe
    FL-44............................  Toms Harbor Keys.............  Monroe
    FL-45............................  Deer/Long Point Keys.........  Monroe
    FL-46............................  Boot Key.....................  Monroe
    FL-64P...........................  Clam Pass....................  Collier
    P17A.............................  Bowditch Point...............  Lee
    FL-67............................  Bunche Beach.................  Lee
    FL-67P...........................  Bunche Beach.................  Lee
    P21..............................  Bocilla Island...............  Charlotte
    P21P.............................  Bocilla Island...............  Charlotte
    P22..............................  Casey Key....................  Sarasota
    FL-72P...........................  Lido Key.....................  Sarasota
    FL-73P...........................  De Soto......................  Manatee
    FL-78............................  Rattlesnake Key..............  Manatee
    FL-78P...........................  Rattlesnake Key..............  Manatee
    FL-82............................  Bishop Harbor................  Manatee
    FL-80P...........................  Passage Key..................  Manatee
    FL-81............................  Egmont Key...................  Hillsborough
    FL-81P...........................  Egmont Key...................  Hillsborough
    FL-83............................  Cockroach Bay................  Hillsborough
    FL-85P...........................  Sand Key.....................  Pinellas
    P26..............................  Pepperfish Keys..............  Dixie
    FL-89............................  Peninsula Point..............  Franklin
    FL-93............................  Phillips Inlet...............  Bay
    FL-93P...........................  Phillips Inlet...............  Bay
    FL-94............................  Deer Lake....................  Walton
State of Louisiana (13 Maps):
    LA-01............................  Isle Au Pitre................  St. Bernard
    LA-02............................  Grand Island.................  St. Bernard
    S04..............................  Timbalier Bay................  Lafourche
    S05..............................  Timbalier Islands............  Terrebonne, Lafourche
    S06..............................  Isle Dernieres...............  Terrebonne
    S07..............................  Point au Fer.................  Terrebonne, St. Mary
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Appendix B--U.S. Fish and Wildlife Service Offices Where Pilot Project 
Maps May Be Inspected

Washington Office--All pilot project maps

U.S. Fish and Wildlife Service, Division of Habitat and Resource 
Conservation, 4401 N. Fairfax Dr., Room 860A, Arlington, VA 22203; 
(703) 358-2161.

Northeast Regional Office--Pilot project maps for DE

U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, 
MA 01035-9589; (413) 253-8200.

Southeast Regional Office--Pilot project maps for FL, NC, SC, LA

U.S. Fish and Wildlife Service, 1875 Century Boulevard, Suite 400, 
Atlanta, GA 30345; (404) 679-4000.

Chesapeake Bay Field Office--Pilot project maps for DE

U.S. Fish and Wildlife Service, 177 Admiral Cochrane Drive, 
Annapolis, MD 21401; (410) 573-4500.

Raleigh Ecological Services Field Office--Pilot project maps for NC

U.S. Fish and Wildlife Service, 551F Pylon Drive, Raleigh, NC 27606; 
(919) 856-4520.

Charleston Ecological Services Office--Pilot project maps for SC

U.S. Fish and Wildlife Service, 176 Croghan Spur Road, Suite 200, 
Charleston, SC 29407; (843) 727-4707.

North Florida Field Office--Pilot project maps for North/North 
Central FL

U.S. Fish and Wildlife Service, 7915 Baymeadows Way, Suite 200, 
Jacksonville, FL 32256-7517; (904) 731-3336.

South Florida Ecological Services Office--Pilot project maps for 
South FL

U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach, FL 
32960-3559; (772) 562-3909.

Panama City Ecological Services and Fisheries Resources Office--
Pilot project maps for Northwest FL

U.S. Fish and Wildlife Service, 1601 Balboa Avenue, Panama City, FL 
32405-3721; (850) 769-0552.

Lafayette Ecological Services Field Office--Pilot project maps for 
LA

U.S. Fish and Wildlife Service, 646 Cajundome Boulevard, Suite 400, 
Lafayette, LA 70506; (337) 291-3100.

Rowan W. Gould,
Acting Director.

 [FR Doc. E9-7772 Filed 4-6-09; 8:45 am]
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