John H. Chafee Coastal Barrier Resources System; Collier County, FL; Availability of Draft Maps and Request for Comments, 7491-7493 [2015-02655]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Notices]
[Pages 7491-7493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02655]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-ES-2014-N249; FF09E15000-FXHC112509CBRA1-156]


John H. Chafee Coastal Barrier Resources System; Collier County, 
FL; 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 three John H. Chafee Coastal Barrier Resources System 
(CBRS) draft revised maps for public review and comment. The draft 
maps, all dated November 10, 2014, are for three existing CBRS units 
and two proposed new CBRS units located in Collier County, Florida.

DATES: To ensure consideration, we must receive your written comments 
by March 27, 2015.

ADDRESSES: Mail or hand-deliver (during normal business hours) comments 
to Katie Niemi, Coastal Barriers Coordinator, Division of Budget and 
Technical Support, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, 
MS: ES, Falls Church, VA 22041, or send comments by electronic mail 
(email) to CBRAcomments@fws.gov.

FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers 
Coordinator, (703) 358-2071 (telephone); or CBRA@fws.gov (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 856 geographic units, encompassing approximately 
3.2 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

[[Page 7492]]

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 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, 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.

Comprehensive Remapping Approach

    When the Service is asked to determine whether a proposed change to 
remove land 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 CBRA requires that we consider the following criteria when 
assessing the development status of a CBRS unit: (1) The density of 
development on an undeveloped coastal barrier is less than one 
structure per 5 acres of land above mean high tide; and (2) an 
undeveloped coastal barrier does not contain a full complement of 
infrastructure, which would include a road, fresh water supply, 
wastewater disposal system, and electric service for each lot or 
building site. These criteria were originally published in a notice in 
the Federal Register by the Department of the Interior in 1982 and were 
later codified by Congress in the 2000 reauthorization of the CBRA 
(section 2 of Pub. L. 106-514).
    The Service does not support removing land from the CBRS, unless 
there is 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.
    When the Service finds a technical mapping error that warrants a 
change in one part of a CBRS map, we review all adjacent areas to 
ensure that the entire map is accurate. The Service strongly believes 
that instead of pursuing targeted changes to CBRS maps, Congress should 
enact comprehensively revised CBRS maps. This comprehensive approach to 
map revisions treats equitably all landowners who may be affected. It 
is also more efficient and cost effective in the long run because it 
ensures that all legitimate errors are corrected and any new areas 
appropriate for inclusion within the CBRS are identified (per a 
directive in section 4 of Pub. L. 109-226) at the same time, so that 
the Service and Congress will not have to revisit the same map in the 
future.

Proposed Changes to the CBRS in Florida

    The Service has prepared comprehensively revised draft maps for 
Cape Romano Unit P15, Keewaydin Island Unit P16, and Tigertail Unit FL-
63P, all of which are dated November 10, 2014. The draft maps also 
include two proposed new OPAs, Cape Romano Unit P15P and Keewaydin 
Island Unit P16P, which are within the vicinity of the existing units 
and contain undeveloped coastal barrier lands and associated aquatic 
habitat. The draft maps for Units P15/P15P, P16/P16P, and FL-63P remove 
approximately 99 acres from the CBRS (73 acres of uplands and 26 acres 
of associated aquatic habitat) and add approximately 17,143 acres to 
the CBRS (442 acres of uplands and 16,701 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. The draft maps also reclassify 
certain areas from System unit to OPA, and vice versa, in accordance 
with the Service's standard CBRS remapping protocols and with 
consideration given to input provided by landowners.
    The proposed boundary of Unit P15 does not remove any areas from 
the CBRS. The proposed boundary of the unit is modified to add to the 
CBRS areas that meet the CBRA criteria for an undeveloped coastal 
barrier, including areas owned by the Service that are part of the Ten 
Thousand Islands National Wildlife Refuge; areas owned by the State of 
Florida (State) that are part of the Cape Romano--Ten Thousand Islands 
Aquatic Preserve, Rookery Bay Aquatic Preserve (RBAP), and Rookery Bay 
National Estuarine Research Reserve (RBNERR); and some privately owned 
areas on the southeastern side of Horrs Island and along Barfield Bay. 
The proposed boundary of the unit does not include within the CBRS 
portions of Horrs Island (also known as Key Marco), where the existing 
level of development exceeds the development threshold codified by the 
Coastal Barrier Resources Reauthorization Act of 2000 (section 2 of 
Pub. L. 106-514).
    The proposed boundary of Unit P16 is modified to remove from the 
CBRS the Royal Marco Point, La Peninsula, and Twin Dolphins condominium 
complexes, and a few private homes on the Isles of Capri. The proposed 
boundary of the unit is also modified to add to the CBRS areas that 
meet the CBRA criteria for an undeveloped coastal barrier, including 
areas owned by the National Audubon Society, areas owned by the State 
that are part of RBAP and RBNERR, submerged areas in Tarpon Bay owned 
by Collier County, and some privately owned areas (including a mangrove 
island, portions of the ``Isles of Collier Preserve'' Planned Unit 
Development, and areas owned by the Hideaway Beach Association). 
Portions of Sand Dollar Island that are owned by the State and are 
currently within Unit FL-63P are proposed for reclassification to Unit 
P16. The Service's review found no documentation indicating that this 
area is held for conservation or recreation (in accordance with the 
CBRA definition of an OPA); however, it does meet the criteria for a 
System Unit. There is also a portion of Sand Dollar Island that is 
proposed for addition to Unit P16; this portion is currently located 
outside of the CBRS between Unit FL-63P and Unit P16.
    The proposed boundary of Unit FL-63P is modified to remove from the 
CBRS several structures in the South Seas Club community and more 
precisely follow the boundary of Tigertail Beach Park, which is owned 
by Collier County. Portions of Sand Dollar Island that are owned by the 
State and are currently within Unit FL-63P are proposed for 
reclassification to Unit P16.
    The proposed boundary of Unit P15P includes within the CBRS areas 
owned

[[Page 7493]]

by the State that are part of the RBNERR, minor portions of the RBAP 
owned by the State, and areas owned by the Key Marco Community 
Association that are subject to a conservation easement. There are no 
known private inholdings within the proposed boundaries of Unit P15P.
    The proposed boundary of Unit P16P includes within the CBRS areas 
owned by the State that are part of the RBNERR; minor portions of the 
RBAP owned by the State; areas owned by the City of Naples that are 
subject to a conservation easement; the Shell Island Preserve, and 
other conservation areas in Tarpon Bay that are owned by Collier 
County; and a private inholding at the northern end of Henderson Creek 
that is completely surrounded by the RBNERR.

Proposed Additions to the CBRS

    The draft maps for Units P15/P15P, P16/P16P, and FL-63P 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 
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 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, 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 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 November 10, 2014 
for CBRS Units P15/P15P, P16/P16P, and FL-63P. 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 Governor of Florida; other 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. 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.
    Following the close of the comment period on the date listed in the 
DATES section, 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 enacted by 
Congress through legislation.

Availability of Draft Maps and Related Information

    The draft maps, unit summaries (containing historical 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: https://www.fws.gov/CBRA. 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 at the Service's Headquarters Office may 
contact the Service individual identified in the FOR FURTHER 
INFORMATION CONTACT section, and reasonable accommodations will be made 
to ensure the individual'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: January 27, 2015.
Gary Frazer,
Assistant Director for Ecological Services.
[FR Doc. 2015-02655 Filed 2-9-15; 8:45 am]
BILLING CODE 4310-55-P