Review of Floating Houses, 24485-24486 [2014-09707]

Agencies

• Tennessee Valley Authority

[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Notices]
[Pages 24485-24486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09707]


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TENNESSEE VALLEY AUTHORITY


Review of Floating Houses

AGENCY: Tennessee Valley Authority.

ACTION: Notice of intent.

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SUMMARY: The Tennessee Valley Authority (TVA) is conducting a review 
of) the recent growth in the Tennessee River Watershed of floating 
houses and nonnavigable houseboats designed and used primarily for 
human habitation and potential management actions TVA may take in 
response to the proliferation of these structures. As part of the 
study, TVA intends to prepare an environmental assessment (EA) or 
environmental impact statement (EIS) to assess the impacts associated 
with TVA's management and oversight of these structures on its 
reservoirs. TVA will use the environmental review process to learn the 
values and concerns of stakeholders; identify issues, trends, events 
and tradeoffs affecting TVA's policies; formulate, evaluate and compare 
alternative management options; provide opportunities for public review 
and comment; and ensure that TVA's evaluation of alternative management 
and policy strategies reflects a full range of stakeholder input. 
Public comment is invited concerning the scope of the review and 
environmental issues that should be addressed. This notice is provided 
in accordance with the Council on Environmental Quality's regulations 
(40 CFR parts 1500 to 1508) and TVA's procedures for implementing the 
National Environmental Policy Act (NEPA).

DATES: Comments must be received on or before July 29, 2014. To 
facilitate the scoping process, TVA will hold public scoping meetings 
in May and June 2014; see https://www.tva.gov/river/floatinghouses.htm 
for the dates and locations of scoping meetings. TVA will provide 
additional opportunities for public involvement upon publication of the 
draft EA or EIS.

ADDRESSES: Written comments should be sent to Matthew Higdon, NEPA 
Specialist, Tennessee Valley Authority, 400 West Summit Hill Drive (WT 
11D), Knoxville, Tennessee 37902. Comments may also be entered online 
at the project Web site at https://www.tva.gov/river/floatinghouses.htm 
or emailed to fh@tva.gov.

FOR FURTHER INFORMATION CONTACT: For general information on the NEPA 
process, contact Matthew Higdon at the address above, by email at 
mshigdon@tva.gov, or by phone at (865) 632-8051. For general 
information on the floating houses review, contact Robert Farrell by 
email at rgfarrell@tva.gov or by phone at (865) 632-3024.

SUPPLEMENTARY INFORMATION: TVA is a corporate agency and 
instrumentality of the United States, established by an act of Congress 
in 1933, to foster the social and economic welfare of the people of the 
Tennessee Valley region and to promote the proper use and conservation 
of the region's natural resources. One component of this mission is the 
operation of the TVA reservoir system to achieve a balance of benefits 
including energy production, navigation, flood control, recreation, and 
water supply. TVA operates nine mainstream Tennessee River dams and 
reservoirs and forty tributary dams and reservoirs in seven states.
    TVA has jurisdiction under Section 26a of the TVA Act, 16 U.S.C. 
831y-1, to regulate obstructions that affect navigation, flood control, 
or public lands across, along, or in the Tennessee River or any of its 
tributaries. In particular, Section 26a of the TVA Act requires that 
TVA's approval be obtained prior to the construction, operation, or 
maintenance of any dam, appurtenant works, or other obstruction 
affecting navigation, flood control, or public lands or reservations. 
Such obstructions may include boat docks, piers, boathouses, buoys, 
floats, boat launching ramps, fills, water intakes, devices for 
discharging effluents, bridges, aerial cables, culverts, pipelines, 
fish attractors, shoreline stabilization projects, channel excavations, 
and nonnavigable houseboats (18 CFR 1304.1). In addition to TVA's 
Section 26a jurisdiction, and the permit conditions issued pursuant to 
such jurisdiction, TVA has conditions and covenants in approved land 
use agreements with commercial marina operators and land and shoreline 
policies that stipulate or restrict how TVA property and shoreline 
areas can be used.
    In recent years, several TVA reservoirs have experienced an 
accelerated growth of unpermitted, new floating houses designed and 
used primarily for human habitation at a fixed location rather than for 
recreational navigation and

[[Page 24486]]

transportation. This growth has generated additional sources of revenue 
for commercial marina operators. However, the proliferation of these 
structures also has resulted in unanticipated uses of the reservoir 
system and has raised concerns about impacts to public health and 
safety, the environment, and public recreation.

Status of Floating Houses

    In 1977, TVA amended its Section 26a regulations at 18 CFR part 
1304 to prohibit all new nonnavigable houseboats except for those in 
existence before February 15, 1978. TVA developed the following 
criteria in its regulations to distinguish between navigable vessels 
and prohibited, nonnavigable houseboats:
    1. Built on a boat hull or on two or more pontoons;
    2. Equipped with a motor and rudder controls located at a point on 
the houseboat from which there is forward visibility over a 180-degree 
range;
    3. Compliant with all applicable State and Federal requirements 
relating to vessels;
    4. Registered as a vessel in the State of principal use; and
    5. State registration numbers clearly displayed on the vessel.

In more recent years, however, several TVA reservoirs have experienced 
an accelerated growth in unpermitted new floating houses, which--like 
the nonnavigable houseboats addressed in 1977--are designed and used 
primarily for human habitation at a fixed location instead of 
recreational navigation and transportation. TVA estimates that 
approximately 1,900 fixed-location structures are floating on 13 TVA 
reservoirs. These structures are most prevalent on Norris and Fontana 
Reservoirs, with approximately 900 on Norris Reservoir and 
approximately 500 on Fontana Reservoir. While many owners may consider 
their structures to comply with the five criteria previously listed, 
the structures neither resemble nor have the performance 
characteristics of navigable boats. Rather, they appear to be designed 
and used primarily for human habitation and in bulk would function as 
and resemble floating subdivisions.

Proposed Issues To Be Addressed

    TVA anticipates that the major issues it will examine in the EA or 
EIS will include water quality; sewage and waste water discharge; solid 
waste; electrical systems safety; structural integrity and safety; size 
of structures and visual impacts; use of public waters for private, 
habitable use; anchorage and mooring practices; mooring structures 
outside approved marina harbor limits; violation of conditions in 
permits approved by TVA under Section 26a of the TVA Act and conditions 
and covenants in land use agreements and deeds; abandonment of derelict 
structures; socioeconomic impacts; and the suitability and 
effectiveness of current TVA standards, regulations, and policies. This 
list of issues is preliminary and is intended to facilitate public 
comment on the scope of the EA or EIS. TVA invites suggestions 
concerning the list of issues it should address.

Scoping Process

    Scoping is integral to the NEPA process because it provides a forum 
to ensure that (1) issues are identified early and properly studied; 
(2) issues of little significance do not consume substantial time and 
effort; (3) the draft EA or EIS is thorough and balanced; and (4) 
delays caused by an inadequate NEPA review are avoided. With the help 
of the public, TVA will identify a future management strategy that can 
best encourage safe practices and minimize negative environmental and 
socioeconomic impacts. Management alternatives will be considered that 
may result in proposed rules or revisions to the current regulations to 
clarify definitions, set minimum standards for safety and environmental 
protection, and if appropriate, incorporate enforcement mechanisms for 
noncompliance.
    TVA invites members of the public as well as Federal, state, and 
local agencies and Native American tribes to comment on the scope of 
the EA or EIS. Comments on the scope should be submitted no later than 
the date given under the DATES section of this notice. Any comments 
received, including names and addresses, will become part of the 
administrative record and will be available for public inspection.
    Public meetings are scheduled to provide information about the 
review of floating houses, listen to stakeholders, discuss options, and 
determine the scope of potential issues. TVA will analyze issues raised 
during the scoping period and determine whether an EIS or EA is 
appropriate. A draft of the EA or EIS will be provided for public 
review and comment. TVA will notify the public of the availability of 
the draft EA or EIS, will solicit comments, and hold public meetings to 
address the review. TVA expects to release the draft EA or EIS in early 
2015. The final EA or EIS along with the documentation of TVA's 
decision will also be issued in 2015.

    Authority:  40 CFR 1501.7.

Brenda E. Brickhouse,
Vice President, Environment.
[FR Doc. 2014-09707 Filed 4-29-14; 8:45 am]
BILLING CODE 8120-01-P