[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Notices]
[Pages 56215-56217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23174]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-FHC-2011-N086; 94310-1124-0000-T5]


John H. Chafee Coastal Barrier Resources System; Baldwin and 
Mobile Counties, AL; Availability of Draft Map 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 a John H. Chafee Coastal Barrier Resources System 
(CBRS) draft revised map, dated September 22, 2009, for four units in 
Baldwin and Mobile Counties, Alabama, for public review and comment.

DATES: To ensure consideration, we must receive your written comments 
by November 14, 2011.

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 draft map, or where to go to view it, see SUPPLEMENTARY 
INFORMATION.

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 is now 
comprised of 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 are generally comprised of 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 are generally comprised of lands 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 
exceptions, only Congress--through new legislation--can modify the maps 
of the CBRS to add or remove land. These exceptions include: (1) The 
CBRA

[[Page 56216]]

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, would become effective only if enacted by Congress through 
new legislation.

Proposed Changes to the John H. Chafee Coastal Barrier Resources System 
in Alabama

    The Service has prepared a draft revised map dated September 22, 
2009, for Mobile Point Unit Q01P, Pelican Island Unit Q01A/Q01AP, and 
Alligator Lake Unit AL-05P, that removes approximately 13 acres from 
the CBRS and adds approximately 488 acres to the CBRS. The Deepwater 
Horizon oil spill, which occurred on April 20, 2010, became a priority 
for Congress and the Administration and delayed action on this map 
until now. 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.
    Below is a summary of the proposed changes to the draft map 
containing CBRS Units Q01P, Q01A, AL-05P, and a proposed new OPA, 
Q01AP.
    Unit Q01P is located on four separate map panels, but the revised 
area is limited to the portion of the unit that is at the tip of the 
Fort Morgan peninsula and depicted on the same map panel as Units AL-
05P and Q01A. The eastern boundary of Unit Q01P was adjusted slightly 
to be coincident with Baldwin County parcel data. There is no change in 
acreage to Unit Q01P.
    The proposed northern boundary of Unit Q01A was moved 30-50 feet 
seaward of the Coastal Construction Line in order to exclude all 
development in the Desoto Landing Subdivision from the unit. The Unit 
Q01A boundary was also adjusted to include within the unit a golf 
course and an undeveloped stretch of beach that are owned by the 
Dauphin Island Property Owners Association. The draft map adds 
approximately 384 total acres to Unit Q01A, including 101 acres of 
upland and 283 acres of associated aquatic habitat. The draft map 
removes approximately 4 upland acres from Unit Q01A.
    The proposed Unit AL-05P boundary was adjusted to more precisely 
follow the Audubon Bird Sanctuary; remove private properties along 
Audubon Street and Audubon Place from the OPA; and add the Coast Guard 
Dauphin Island Recreation Base, Magnolia Park, and Dauphin Island 
Campground to the OPA. The draft map adds approximately 49 total acres 
to Unit AL-05P, including 48 acres of upland and 1 acre of associated 
aquatic habitat. The draft map removes approximately 9 acres from Unit 
AL-05P, including 7 acres of upland and 2 acres of associated aquatic 
habitat.
    Unit Q01AP is a proposed new OPA. The proposed OPA contains a 
public beach parcel, including the Dauphin Island Fishing Pier, which 
is owned by the Dauphin Island Park and Beach Board and is not 
currently within the CBRS. The draft map adds approximately 55 total 
acres within Unit Q01AP to the CBRS, including 40 acres of upland and 
15 acres of associated aquatic habitat.

Proposed Additions to the John H. Chafee Coastal Barrier Resources 
System

    The draft revised map for Units Q01P, Q01A, Q01AP, and AL-05P, 
proposes 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 
map are based upon the best data available to the Service at the time 
the draft map was created. In general, our assessment indicated that 
any new areas proposed for addition to the CBRS were undeveloped at the 
time the draft map was 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 map for Units Q01P, Q01A, Q01AP, and 
AL-05P, 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 September 22, 2009, for CBRS Units Q01P, Q01A, Q01AP, and AL-05P. 
The Service is specifically notifying the following stakeholders 
concerning the availability of the draft revised map: 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 
Alabama; Federal, State, and local officials; and non-governmental 
organizations.
    The draft map, summaries of the existing boundaries and proposed 
changes, and digital boundary data can be accessed and downloaded from 
the Service's Internet site: http://www.fws.gov/habitatconservation/coastal_barrier.html. 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. Background records that contain research materials used to 
develop the proposed boundaries may be viewed by the public, upon 
request, at the Service's Washington Office.
    The public may also contact the Service offices listed in Appendix 
A of this notice to make arrangements to view the draft revised map. 
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 review all comments received on 
the draft map and we will make adjustments to the draft map, as

[[Page 56217]]

appropriate, based on information received through public comments, 
updated aerial imagery, CBRA criteria, and objective mapping protocols. 
We will then prepare a final recommended map to be submitted to 
Congress. The final recommended map will become effective only if it is 
enacted by Congress through new legislation.

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.

Appendix A--U.S. Fish and Wildlife Service Offices Where the Draft Map 
May Be Viewed

Washington Office

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

Southeast Regional Office

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

Alabama Ecological Services Field Office

    U.S. Fish and Wildlife Service, 1208-B Main Street, Daphne, AL 
36526; (251) 441-5181.

    Dated: August 2, 2011.
Jeffrey L. Underwood,
Acting Assistant Director for Fisheries and Habitat Conservation.
[FR Doc. 2011-23174 Filed 9-9-11; 8:45 am]
BILLING CODE 4310-55-P