[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Pages 14032-14035]
From the Federal Register Online via the Government Publishing 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 [email protected].

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

[[Page 14033]]

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

[[Page 14035]]

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