[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Notices]
[Pages 75256-75258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30751]


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DEPARTMENT OF DEFENSE

Department of the Navy


Notice of Availability of Final Environmental Assessment and 
Finding of No Significant Impact for Transfer of the Naval Ammunition 
Support Detachment Property, Vieques Island, Puerto Rico

AGENCY: Department of Navy, DOD.

ACTION: Notice.

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SUMMARY: Pursuant to section 102(2)(C) of the National Environmental 
Policy Act (NEPA) of 1969 and the Council on Environmental Quality 
regulations (40 CFR Parts 1500-1508) implementing the procedural 
provisions of NEPA, the Department of the Navy (the Navy) gives notice 
that an Environmental Assessment (EA) has been prepared and an 
Environmental Impact Statement (EIS) is not required for transfer of 
the Naval Ammunition Support Detachment (NASD) property on Vieques 
Island, Puerto Rico. The Navy intends to transfer the majority of the 
property to the Municipality of Vieques by December 31, 2000.

FOR FURTHER INFORMATION CONTACT: Sixto Escobar, Public Affairs Officer, 
COMUSNAVSO, San Juan Detachment, Federico Degetau Federal Building, 150 
Carlos Chardon Avenue, Room 354, Hato Rey, Puerto Rico 00918, or by e-
mail at <a href="/cdn-cgi/l/email-protection#fe9b8d9d919c9f8c8dbe90889f8d8a9f8c8cd0909f8887d0939792"><span class="__cf_email__" data-cfemail="c5a0b6a6aaa7a4b7b685abb3a4b6b1a4b7b7ebaba4b3bceba8aca9">[email protected]</span></a>

SUPPLEMENTARY INFORMATION: The Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001, Public Law (PL) 106-398, 
directed the Navy to transfer the NASD property (except for 
approximately 100 acres [40 hectares]) to the Municipality of Vieques, 
Puerto Rico Conservation Trust (PRCT), and United States Department of 
Interior (DOI). While this legislation differed from the draft 
legislation used as a basis for preparing the draft EA, the purposes of 
the land transfer and the proposed management and reuse of the property 
are essentially the same. The action evaluated in the EA is the 
conveyance of approximately 4,250 acres (1,700 hectares) of the NASD 
property to the Municipality of Vieques, which would be available for 
development as generally described in the proposed Vieques Land Use 
Plan prepared by the Puerto Rico Planning Board (PRPB) on behalf of the 
Municipality of Vieques; the transfer of approximately 3,050 acres 
(1,220 hectares) to DOI to be administered as a national wildlife 
refuge; the conveyance of 800 acres (320 hectares) to PRCT to be 
managed as a wildlife refuge; and the retention of easements needed for 
continued access and operation and maintenance of the Relocatable Over-
the-Horizon Radar (ROTHR) and Monte Pirata telecommunication 
facilities, which are being retained by the Navy. The DOI and PRCT 
wildlife refuges will be managed pursuant to cooperative agreement 
among DOI, PRCT, and the Commonwealth of Puerto Rico to protect and 
preserve their natural and cultural resources in perpetuity for the 
benefit of the general public.
    The analysis conducted in the EA focused on the following 
resources: Land Use and Aesthetics, Soils, Water Quality, Air Quality, 
Noise, Terrestrial and Marine Environments, Threatened and Endangered 
Species, Socioeconomics Conditions, Cultural Resources, Environmental 
Contamination, and Coastal Zone Management. The analysis concluded that 
implementation of the Proposed Action will have no significant adverse 
impacts on the environment and that an EIS is not warranted.
    The Final EA and FONSI, in either English or Spanish, may be 
obtained from: Sixto Escobar, Public Affairs Officer, COMUSNAVSO, San 
Juan Detachment, Federico Degetau Federal Building, 150 Carlos Chardon 
Avenue, Room 354, Hato Rey, Puerto Rico 00918, or by e-mail at 
<a href="/cdn-cgi/l/email-protection#e88d9b8b878a899a9ba8869e899b9c899a9ac686899e91c6858184"><span class="__cf_email__" data-cfemail="b9dccadad6dbd8cbcaf9d7cfd8cacdd8cbcb97d7d8cfc097d4d0d5">[email protected]</span></a>
    A limited number of copies of the EA and FONSI are available to 
fill single copy requests. In addition, copies of the Final EA are 
available for public review at the following repositories:

Biblioteca Publica Jose Gautier Benitez, Municipio de Vieques, Calle 
Carlos Lebrun, No. 449, Vieques, Puerto Rico 00765
Museo Fuerte Conde de Mirasol, Barriada Fuerte, Magnolia No. 471, 
Vieques, Puerto Rico 00765
Biblioteca Publica Municipal Alejandrina Quinonez Rivera, Urbanizacion 
Rossy Valley No. 816, Calle Francisco Gatier, Cieba, Puerto Rico 00735
Biblioteca Publica Carnegie, 7 Ponce de Leon Avenue, San Juan, Puerto 
Rico 00901


    Dated: November 28, 2000.
J.L. Roth,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.

    The text of the entire Finding of No Significant Impact is provided 
as follows:

Department of Defense

Department of the Navy

Finding of No Significant Impact for Transfer of the Naval Ammunition 
Support Detachment Property, Vieques Island, Puerto Rico

    Pursuant to section 102(2)(C) of the National Environmental Policy 
Act (NEPA) of 1969 and the Council on Environmental Quality regulations 
(40 CFR Parts 1500-1508) implementing the procedural provisions of 
NEPA, the Department of the Navy (the Navy) gives notice that an 
Environmental Assessment (EA) has been prepared and an Environmental 
Impact Statement (EIS) is not required for transfer of the Naval 
Ammunition Support Detachment (NASD) property on Vieques Island, Puerto 
Rico.

[[Page 75257]]

    The proposed action is to comply with the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001, Public Law (PL) 106-
398, directing the Navy to transfer the NASD property (except for 
approximately 100 acres [40 hectares]) to the Municipality of Vieques, 
Puerto Rico Conservation Trust (PRCT), and United States Department of 
Interior (DOI). The Navy prepared and issued a draft EA on August 25, 
2000, based on the draft legislation that was being considered at that 
time by the U.S. Congress. The final legislation, which is reflected in 
PL 106-398, differed from the draft legislation regarding the parties 
to whom the land is to be transferred and the potential timing of the 
transfer. Nonetheless, the purposes of the land transfer and the 
proposed management and reuse of the property are essentially the same 
as proposed in the original legislation. Thus, the Navy has completed 
this final EA based on the final legislation as reflected in PL 106-
398.
    The proposed action evaluated in the EA is the transfer of 
approximately 4,250 acres (1,700 hectares) of the NASD property to the 
Municipality of Vieques, which would be available for development as 
generally described in the proposed Vieques Land Use Plan prepared by 
the Puerto Rico Planning Board (PRPB) on behalf of the Municipality of 
Vieques; the transfer of approximately 3,050 acres (1,220 hectares) to 
DOI to be administered as a national wildlife refuge; the transfer of 
800 acres (320 hectares) to PRCT to be managed as a wildlife refuge; 
and the retention of easements needed for continued access and 
operation and maintenance of the Relocatable Over-the-Horizon Radar 
(ROTHR) and Monte Pirata telecommunication facilities, which are being 
retained by the Navy. The wildlife refuges will be managed pursuant to 
a cooperative management Agreement among DOI, PRCT, and the 
Commonwealth of Puerto Rico to protect and preserve their natural and 
cultural resources in perpetuity for the benefit of the general public. 
The statute requires all the land to be transferred not later than May 
1, 2001; however, individual transfers could occur separately and 
independently prior to that date. The proposed action does not include, 
nor is it related to, any actions by the Navy regarding continued 
operation of the Navy's Atlantic Fleet Weapons Training Facility 
(AFWTF) or the Eastern Maneuver Area, which are located on the eastern 
half of Vieques.
    The EA considers only the No Action and Proposed Action 
alternatives. Under the No Action alternative, the Navy would retain 
all the NASD property. Because PL 106-398 explicitly directs the Navy 
to transfer the NASD property, the Navy does not have the legal 
authority to consider alternative means for disposal or reuse of the 
property. Because the No Action alternative would not satisfy the 
congressional mandate contained in the proposed legislation, the No 
Action alternative is not a reasonable course of action.
    The EA evaluates the direct environmental impacts of the proposed 
land transfer, as well as the potential indirect environmental impacts 
of the reasonably foreseeable reuse and redevelopment of the land 
conveyed to the Municipality. Following a phased approach, the 
Municipality-owned land would be made available for low-density 
residential development, tourism-related commercial and residential 
development, and mixed-use development as conceptually proposed in the 
Vieques Land Use Plan. Wildlife-dependent recreational uses, such as 
fishing, hunting, wildlife observation and photography, environmental 
education, and interpretation, would be allowed within the DOI and 
PRCT-owned wildlife refuges; however, construction or development would 
be limited to basic visitor facilities.
    The Navy has completed consultation with the United States Fish and 
Wildlife Service (USFWS) and National Marine Fisheries Service 
regarding compliance with the Endangered Species Act. In response to 
USFWS concerns about potential adverse effects to federally listed 
species from the proposed development of the property to be transferred 
to the Municipality of Vieques, the PRPB modified the proposed Vieques 
Land Use Plan to prohibit development in areas where federally 
threatened and endangered species are known to occur. Potential adverse 
impacts to federally endangered hawksbill and leatherback sea turtles 
will be avoided by designation of ``no development'' zones along 
beaches that provide suitable nesting habitat. Similarly, ``no 
development'' areas are designated surrounding four locations where 
federally listed tree species (cobana negra and beautiful goetzea) are 
known to occur. The USFWS concluded that the proposed action is not 
likely to adversely effect any federally protected species or 
associated habitat.
    The EA demonstrates that there will be no significant direct or 
indirect impacts to cultural resources associated with the transfer or 
conveyance of NASD property. Cultural resources located on the property 
transferred to the Department of the Interior will continue to come 
under the purview of federal cultural resource protection laws. No 
undertaking, as defined in the National Historic Preservation Act 
(NHPA), could proceed on the property transferred to DOI until DOI has 
met the requirements of Section 106 of the NHPA. While the property 
conveyed to the Municipality of Vieques or the PRCT will not be subject 
to the provisions of federal laws such as the NHPA, there are 
Commonwealth laws and regulations that expressly protect and preserve 
cultural resources. These laws and regulations require, among other 
things, that the Puerto Rico Planning Board approve all actions 
affecting cultural resources. As a part of the PRPB approval process, 
the Puerto Rico Institute of History and Culture reviews the proposed 
action regarding impacts on historic and cultural resources. 
Commonwealth law also restricts the ability of municipalities to alter 
PRPB regulations and zoning restrictions that relate to historic or 
cultural resources.
    Notwithstanding the protection provided under Commonwealth laws and 
regulations, the Puerto Rico State Historic Preservation Officer (SHPO) 
and the President's Advisory Council on Historic Preservation (ACHP) 
expressed concern over potential impacts to cultural resources. The 
Navy has attempted to address these concerns through discussions of a 
Programmatic Agreement under section 106 of the NHPA. In addition to 
the SHPO and the ACHP, the U.S. Department of the Interior, the Puerto 
Rico Department of Natural Resources, the Puerto Rico Planning Board, 
the Municipality of Vieques, and the PRCT also participated in the 
section 106 consultation process.
    At this time, agreement on a proposed Programmatic Agreement has 
not been achieved. Perceiving an inability to reach agreement, Navy 
gave notice of termination of the consultation process to the ACHP on 
November 27, 2000. The absence of a Programmatic Agreement under the 
NHPA does not affect the application of Commonwealth laws and 
regulations to cultural resources. The Navy will continue to work with 
the interested parties in an effort to ensure that cultural resources 
are protected under applicable laws and regulations. As a result of 
Navy's efforts, the Puerto Rico Planning Board has already issued a 
directive requiring that the SHPO be provided the opportunity to review 
and comment on all projects affecting cultural resources on the NASD 
property transferred to PRCT or the Municipality of Vieques.
    The draft EA was prepared concurrently with the performance of 
relevant Comprehensive Environmental

[[Page 75258]]

Response, Compensation, and Liability Act (CERCLA) hazardous substance 
studies and investigations. Some of the ongoing CERCLA studies (e.g., 
site investigations, remedial studies and designs, risk assessments) 
will not be completed until after the transfer of the property. The EA 
is based on the most currently available data and information, and 
reasonable assumptions regarding land use and other restrictions, which 
may be implemented to protect human health and the environment prior to 
completion of site remediation. The ongoing investigation and 
remediation of contaminated areas are not subject to consideration 
within this EA.
    The analysis conducted in the EA focused on the following 
resources: Land Use and Aesthetics, Soils, Water Quality, Air Quality, 
Noise, Terrestrial and Marine Environments, Threatened and Endangered 
Species, Socioeconomic Conditions, Cultural Resources, Environmental 
Contamination, and Coastal Zone Management. The analysis concluded that 
implementation of the Proposed Action will have no significant adverse 
impacts on the environment and that an EIS is not warranted.
    Based on information gathered during preparation of the EA, the 
Navy finds that the transfer of the NASD property will not 
significantly impact human health or the environment. The EA and FONSI 
prepared by the Navy addressing this action may be obtained from: 
Commander, Atlantic Division, Naval Facilities Engineering Command, 
1510 Gilbert Street, Norfolk, Virginia, 23511-2699, (Attn: Mr. Bob 
Waldo, Code 2032RW), e-mail: <a href="/cdn-cgi/l/email-protection#2f584e434b405d476f4a494b434e415b01414e59494e4c01414e595601424643"><span class="__cf_email__" data-cfemail="0d7a6c6169627f654d686b69616c637923636c7b6b6c6e23636c7b7423606461">[email protected]</span></a> or 
telephone (757) 322-4895. A limited number of copies of the EA and 
FONSI are available to fill single copy requests.


    November 28, 2000.
Duncan Holaday,
Deputy Assistant Secretary of the Navy (Installations and Facilities).
[FR Doc. 00-30751 Filed 11-30-00; 8:45 am]
BILLING CODE 3810-FFP


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