Daily Rules, Proposed Rules, and Notices of the Federal Government
The Coastal Barrier Resources Act (CBRA) of 1982 (16 U.S.C. 3501 et seq.) established the John H. Chafee Coastal Barrier Resources System (CBRS) to minimize the loss of human life; reduce wasteful Federal expenditures; and minimize the damage to fish, wildlife, and other natural resources associated with coastal barriers. Most new Federal expenditures and financial assistance that have the effect of encouraging development are prohibited within the CBRS. In the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591), Congress amended CBRA to add new units, enlarge some previously designated units, add Otherwise Protected Areas (OPAs) as a new category of lands, and approve a series of maps entitled “John H. Chafee Coastal Barrier Resources System” and dated October 24, 1990. These maps identify and depict those coastal barriers located on the coasts of the Atlantic Ocean, Gulf of Mexico, Great Lakes, Virgin Islands, and Puerto Rico that are subject to the Federal funding limitations outlined in CBRA.
The Secretary of the Interior (Secretary), through the U.S. Fish and Wildlife Service (Service), is responsible for administering CBRA, which includes: maintaining the official maps of the CBRS; consulting with Federal agencies that propose spending funds within the CBRS; and making recommendations to Congress regarding whether certain areas were appropriately included in the CBRS. Aside from three minor exceptions, only Congress through new legislation, can modify the CBRS boundaries to add or remove land. These exceptions include: (1) The CBRA 5-year review requirement that solely considers 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.
Section 6 of the Coastal Barrier Resources Reauthorization Act of 2000 (CBRRA of 2000; Pub. L. 106-514) directs the Secretary, in consultation with the Director of the Federal Emergency Management Agency, to carry out a pilot project to determine the feasibility and cost of creating digital versions of the CBRS maps. CBRRA of 2000 specifies that the pilot project consist of the creation of digital maps for no more than 75 units and no fewer than 50 units of the CBRS, one-third of which shall be OPAs. CBRRA of 2000 directs the Secretary to submit to the Committee on Environment and Public Works of the Senate, and the Committee on Resources of the House of Representatives, a report that describes the results of the pilot project and the feasibility, data needs, and costs of completing digital maps for the entire CBRS. CBRRA of 2000 specifies that the report shall include a description of: (1) The cooperative agreements that would be necessary to complete digital mapping of the entire CBRS; (2) the extent to which the data necessary to complete digital mapping of the entire CBRS are available; (3) the need for additional data to complete digital mapping of the entire CBRS; (4) the extent to which the boundary lines on the digital maps differ from the boundary lines on the original maps; and (5) the amount of funding necessary to complete digital mapping of the entire CBRS.
In September 2008, the Secretary, through the Service, submitted the report required by CBRRA of 2000 to the Congress. The report contains draft revised maps for 70 units, comprising approximately 10 percent of the entire CBRS, and a framework for modernizing the remainder of the CBRS maps. The pilot project units are located in Delaware, North Carolina, South Carolina, Florida, and Louisiana. A list of all 70 pilot project units is attached to this notice as Appendix A.
The Service's proposed pilot project boundary changes are described in the report to Congress and are depicted in Appendix D of the report, which includes draft maps and accompanying unit summaries for each of the pilot project units. The different types of proposed boundary changes reflected in the draft pilot project maps include: alignment with geomorphic features (
The draft pilot project maps will not become effective until they are enacted by Congress through new legislation. Before the Service presents Congress with final recommended maps for its consideration and enactment, we are soliciting, through this notice, public review of and comment on the draft pilot project maps. Section 3 of the Coastal Barrier Resources Reauthorization Act of 2005 (CBRRA of 2005; Pub. L. 109-226) directs the Secretary to submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives, a report that contains: (1) The final recommended maps created under the digital mapping pilot project; (2) recommendations for the adoption of the digital maps by Congress; (3) a summary of the comments received from the Governors of the States, other government officials, and the public regarding the digital maps; (4) a summary and update of the protocols and findings of the report required under section 6(d) of the CBRRA of 2000; and (5) an analysis of any benefits that the public would receive by using digital mapping technology for all System units and OPAs. CBRRA of 2005 requires the Secretary to prepare the report in consultation with the Governors of the States in which any System units and OPAs are located and after providing an opportunity for the submission and consideration of public comments.
This notice announces the availability of the pilot project report and draft maps for public review and comment. Following the close of the comment period on the date listed in the
The proposed boundaries depicted on the pilot project maps are based upon the best data available to the Service at the time the draft maps were created. In general, our assessment indicated that any new areas proposed to be added to the CBRS were undeveloped at the time the pilot project maps were created. We provide the following explanation concerning our development assessment for any new areas proposed to be added to the CBRS.
Section 2 of the CBRRA of 2000 codified 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. We are not aware of any existing structures located on lands proposed for addition to the CBRS as System units. If, however, a full complement of infrastructure currently exists on the ground for any areas proposed for addition to the CBRS as System units, interested parties may submit documentation of such infrastructure to the Service for consideration during this public comment period. A full complement of infrastructure includes: (1) A road, with a reinforced road bed, to each lot or building site in the area; (2) a wastewater disposal system sufficient to serve each lot or building site in the area; (3) electric service for each lot or building site in the area; and (4) a fresh water supply for each lot or building site in the area. For any pilot project areas proposed for addition to the CBRS as System units, we will consider the level of infrastructure on the ground as of the publication date of this notice. This guidance related to infrastructure will be considered in areas being proposed for addition to the CBRS as System units. We will not consider the presence of infrastructure in areas that are currently located within the CBRS, but are being proposed in the pilot project for reclassification from OPA to System unit status.
We note that the proposed pilot project map for Unit FL-64P, Clam Pass, was enacted into law by Public Law 110-419 on October 15, 2008, and is now the controlling map for that unit. We will accept public comments related
We invite the public to review and comment on the digital mapping pilot project report to Congress and draft maps created for the 70 CBRS units through the pilot project. The Service is distributing copies of pilot project report and draft maps to the House of Representatives Committee on Natural Resources, the Senate Committee on Environment and Public Works, the members of Congress of each affected area, the Governors of the States in which any System units and OPAs are located, other Federal agencies, local officials, and numerous other stakeholders.
The pilot project report to Congress, draft maps, unit summaries, and digital boundary data can all be accessed and downloaded from the Service's Internet site:
Below is a description of the materials associated with the pilot project that are being made available to the public.
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.
Section 4 of the CBRRA of 2005 directs the Secretary to carry out a project to create digital versions of all of the CBRS maps that were not included in the pilot project. We plan to continue modernizing the maps of the CBRS as resources are made available for this effort.
Below is a listing of the pilot project units by State, unit number, unit name, and county.