[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44320-44322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16100]



[[Page 44320]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-ES-2016-0069; FF09E15000-FXHC112509CBRA1-167]


John H. Chafee Coastal Barrier Resources System; Bay and Gulf 
Counties, FL; Middlesex and Monmouth Counties, NJ; Availability of 
Draft Maps and Request for Comments

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of six John H. Chafee Coastal Barrier Resources System 
(CBRS) draft revised maps for public review and comment. The draft 
maps, all dated May 16, 2016, are for four existing CBRS units located 
in Bay and Gulf Counties, Florida, and for three existing units and 
three proposed new units located in Middlesex and Monmouth Counties, 
New Jersey.

DATES: To ensure consideration, we must receive your written comments 
by August 22, 2016.

ADDRESSES: You may submit written comments by one of the following 
methods:
     Electronically: Go to the Federal e-Rulemaking Portal: 
http://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2016-
0069, which is the docket number for this notice. Then, on the left 
side of the screen, under the Document Type heading, click on the 
Notices link to locate this document and submit a comment.
     By hard copy: Submit by U.S. mail or hand-delivery to: 
Public Comments Processing, Attn: Docket No. FWS-HQ-ES-2016-0069; 
Division of Policy, Performance, and Management Programs; U.S. Fish and 
Wildlife Service; 5275 Leesburg Pike, MS: BPHC; Falls Church, VA 22041-
3808.
    We request that you send comments by only the methods described 
above. We will post all information received on http://www.regulations.gov. If you provide personal identifying information in 
your comment, you may request at the top of your document that we 
withhold this information from public review. However, we cannot 
guarantee that we will be able to do so.

FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers 
Coordinator, (703) 358-2071 (telephone); or [email protected] (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 859 geographic units, encompassing approximately 
3.3 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 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 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.
    The Service receives numerous requests from property owners and 
other interested parties who seek to remove areas from the CBRS. When 
assessing whether a proposed change to remove an area 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 Service generally does not recommend removals from the CBRS, 
unless there is clear and 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.

Mapping Protocol for the Protection of Existing Critical Facilities

    Through this notice, we are developing a new CBRS mapping protocol 
for critical facilities located within and immediately adjacent to the 
CBRS. Under certain limited circumstances, the Service may consider 
mapping a CBRS area to allow for the protection of existing critical 
facilities (e.g., sewage treatment facilities, nuclear facilities, and 
hospitals) that primarily serve areas located outside of the CBRS. In 
such cases, the following criteria must be met: (1) The protection of 
the facility must be consistent with the three purposes of the CBRA: To

[[Page 44321]]

minimize the loss of human life, wasteful expenditure of Federal 
revenues, and damage to the fish, wildlife, and other natural resources 
associated with coastal barriers; (2) the protection of the facility 
should not encourage new development within the CBRS (e.g., a levee 
protecting a facility should not also unnecessarily protect an 
undeveloped area within the CBRS or an area within the CBRS that 
developed after the unit was established); and (3) and there must be no 
reasonable alternative to protect the facility (e.g., nonstructural 
floodproofing, buyouts to allow for construction of levees and flood 
walls outside of the CBRS, alternative project design that does not 
infringe upon the CBRS, etc.). For the purpose of this protocol, the 
Service defines ``existing'' as being on-the-ground as of the date the 
area was added to the CBRS, and ``critical facility'' as a structure or 
other improvement that, because of its function, would likely cause 
catastrophic human health and safety impacts if it is destroyed or 
damaged or if its functionality is impaired. For the purposes of this 
protocol, a critical facility does not include other infrastructure 
(e.g., roads, bridges, electric lines, etc.) that is commonly included 
within the CBRS.
    The Service has developed this new protocol for critical facilities 
to allow for the protection of the Bayshore Regional Sewerage Authority 
(BRSA) Wastewater Treatment Facility in Monmouth County, New Jersey 
(see Proposed Map Modifications section below). In cases where the 
Service recommends the removal of an area from the CBRS in accordance 
with this protocol, the change will become effective only if the 
updated map is adopted through legislation enacted by Congress.

Proposed Map Modifications

    The Service has prepared six comprehensively revised draft maps 
dated May 16, 2016, that propose modifications to the CBRS in Florida 
and New Jersey. Below is a summary of the changes depicted on the draft 
maps.

Bay County, Florida

    The Service has prepared three draft maps for St. Andrew Complex 
P31/P31P located in Bay County, Florida. The draft maps for Units P31 
and P31P remove approximately 125 acres from the CBRS (98 acres of 
fastland and 27 acres of associated aquatic habitat) and add 
approximately 1,582 acres to the CBRS (131 acres of fastland and 1,451 
acres of associated aquatic habitat). The draft maps remove areas (some 
of which were inappropriately included within the CBRS in the past) and 
add areas that meet the CBRA criteria for inclusion within the CBRS (16 
U.S.C. 3503(g)(1)). The draft maps also reclassify certain areas from 
System Unit to OPA, and vice versa.

Gulf County, Florida

    The Service has prepared two draft maps for Cape San Blas Unit P30/
P30P located in Gulf County, Florida. The draft maps for Unit P30/P30P 
remove approximately 65 acres from the CBRS (52 acres of fastland and 
13 acres of associated aquatic habitat) and add approximately 642 acres 
to the CBRS (61 acres of fastland and 581 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 (16 U.S.C. 3503(g)(1)). The 
draft maps also reclassify certain areas from System Unit to OPA, and 
vice versa.

Middlesex and Monmouth Counties, New Jersey

    The Service has prepared a draft map for Seidler Beach Unit NJ-02, 
Cliffwood Beach Unit NJ-03P, and Conaskonk Point Unit NJ-04, located in 
Middlesex and Monmouth Counties, New Jersey. The draft map also 
includes three proposed new OPAs, Seidler Beach Unit NJ-02P, Sayreville 
Unit NJ-15P, and Matawan Point Unit NJ-16P, which are within the 
vicinity of the existing units. The draft map for Units NJ-02/NJ-02P, 
NJ-03P, NJ-04, NJ-15P, and NJ-16P, removes approximately 21 acres from 
the CBRS (15 acres of fastland and 6 acres of associated aquatic 
habitat) and adds approximately 393 acres to the CBRS (116 acres of 
fastland and 277 acres of associated aquatic habitat). The draft map 
removes areas that were inappropriately included within the CBRS in the 
past. Additionally, a strip of wetlands along the northeastern side of 
the BRSA facility is removed to allow for the U.S. Army Corps of 
Engineers to construct a planned levee to protect a wastewater 
treatment facility from future storm damage. This proposed removal is 
in accordance with the protocol described in the Mapping Protocol for 
the Protection of Existing Critical Facilities section above. The draft 
map also adds areas that meet the CBRA criteria for inclusion within 
the CBRS (16 U.S.C. 3503(g)(1) and reclassifies an area from System 
Unit to OPA.

Proposed Additions to the CBRS

    The draft maps for Units P30/P30P, P31/P31P, NJ-02/NJ-02P, NJ-03P, 
NJ-04, NJ-15P, and NJ-16P propose additions to the CBRS, including the 
creation of three new units 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 New Jersey 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 requires that we consider the 
following criteria when assessing the development status of a potential 
addition to the CBRS: (1) Whether the density of development is less 
than one structure per five acres of land above mean high tide (which 
generally suggests eligibility for inclusion within the CBRS); and (2) 
whether 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 (which generally suggests ineligibility for inclusion within the 
CBRS).
    If, upon review of the draft maps, interested parties find that any 
areas proposed for addition to the CBRS are currently developed 
(according to the criteria 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 May 16, 2016, for 
CBRS Units P30/P30P, P31/P31P, NJ-02/NJ-02P, NJ-03P, NJ-04, NJ-15P, and 
NJ-16P. 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

[[Page 44322]]

affected areas; the Governors of Florida and New Jersey; other 
appropriate Federal, State, and local officials; and nongovernmental 
organizations.
    Interested parties may submit written comments and accompanying 
data through http://www.regulations.gov, as described 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 CBRS unit(s) should reference the 
appropriate unit number(s) and unit name(s). We must receive comments 
on or before the date listed in the DATES section.
    Following the close of the comment period, 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 adopted by Congress through legislation.

Availability of Draft Maps and Related Information

    The draft maps, unit summaries (containing historical changes 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 at: http://www.fws.gov/ecological-services/habitat-conservation/coastal.html, or via www.regulations.gov, where public 
comments should be submitted. 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 Headquarters office may contact the 
individual identified in the FOR FURTHER INFORMATION CONTACT section, 
and reasonable accommodations will be made.

Gary Frazer,
Assistant Director for Ecological Services.
[FR Doc. 2016-16100 Filed 7-6-16; 8:45 am]
 BILLING CODE 4333-15-P