Notice2021-19999
Management of Floating Cabins
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 16, 2021
Issuing agencies
Tennessee Valley Authority
Abstract
The Tennessee Valley Authority (TVA) has adopted a policy to prohibit the mooring of new floating cabins on its reservoirs and allow floating cabins that meet minimum standards, consistent with Section 9b of the TVA Act and Alternative B1 in the Floating Houses Policy Review Final Environmental Impact Statement (EIS) issued in February 2016.
Full Text
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<title>Federal Register, Volume 86 Issue 177 (Thursday, September 16, 2021)</title>
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[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Notices]
[Pages 51709-51712]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19999]
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TENNESSEE VALLEY AUTHORITY
Management of Floating Cabins
AGENCY: Tennessee Valley Authority.
ACTION: Issuance of record of decision.
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SUMMARY: The Tennessee Valley Authority (TVA) has adopted a policy to
prohibit the mooring of new floating cabins on its reservoirs and allow
floating cabins that meet minimum standards, consistent with Section 9b
of the TVA Act and Alternative B1 in the Floating Houses Policy Review
Final Environmental Impact Statement (EIS) issued in February 2016.
FOR FURTHER INFORMATION CONTACT: David B. Harrell, Tennessee Valley
Authority, 400 W Summit Hill Drive WT 11D-K, Knoxville, Tennessee
37902. Telephone: 865-632-1327. Email: <a href="/cdn-cgi/l/email-protection#ee8a8c868f9c9c8b8282ae9a988fc0898198"><span class="__cf_email__" data-cfemail="94f0f6fcf5e6e6f1f8f8d4e0e2f5baf3fbe2">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#f29491b2868493dc959d84"><span class="__cf_email__" data-cfemail="3650557642405718515940">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This notice is provided in accordance with
the Council on Environmental Quality's regulations (40 CFR 1505.2) and
TVA procedures for implementing the National Environmental Policy Act
(NEPA).
TVA is a multi-purpose federal agency that has been charged by
Congress with promoting the wise use and conservation of the resources
of the Tennessee Valley region, including the Tennessee River System.
In carrying out this mission, TVA operates a system of dams and
reservoirs on the Tennessee River and its tributaries for the purposes
of navigation, flood control, and power production. Consistent with its
mission, TVA also uses the system to improve water quality and water
supply and to provide a wide range of public benefits, including
recreation and natural resource stewardship.
To promote the unified development and regulation of the Tennessee
River System, Congress directed TVA to approve obstructions across,
along, or in the river system under Section 26a of the TVA Act.
``Obstruction'' is a broad term that includes, by way of example, 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 floating cabins. TVA also owns, as
agent for the United States, much of the shoreland and inundated land
along and under its reservoir system. 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
management policies that stipulate or restrict how TVA property and
shoreline areas can be used.
In 1971, TVA amended its Section 26a regulations at 18 CFR part
1304 to prohibit all new nonnavigable houseboats. Since 1971, TVA has
made minor changes to its regulations affecting nonnavigable
houseboats, most notably in 1978, when TVA reiterated the prohibition
of nonnavigable houseboats except for those in existence on or 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 recent years, numerous TVA reservoirs have experienced an
[[Page 51710]]
accelerated growth in the number of a new, unpermitted type of
obstruction, referred to as floating houses or cabins, which are
designed and used primarily for human habitation or occupation and not
designed and used primarily for navigation and transportation on the
water. (Although TVA has used the term floating houses in the past,
including in the EIS, TVA now refers to these structures as floating
cabins.) While floating cabins may have some attributes of real
watercraft, the structures neither resemble nor have the performance
characteristics of navigable boats and are in fact a modern version of
the older nonnavigable houseboats that TVA prohibited. While this
growth has generated additional sources of revenue for commercial
marina operators, the proliferation of these structures has resulted in
unanticipated uses of the reservoir system and has raised concerns
about impacts to public health and safety, public recreation,
navigation, and the environment.
Alternatives Considered
TVA considered six management alternatives in the Draft EIS and the
Final EIS. The management alternatives range from an alternative that
would require all nonnavigable houseboats and floating cabins to be
removed from TVA reservoirs to an alternative which allows existing
nonnavigable houseboats and floating cabins to remain on TVA reservoirs
in perpetuity and allows for new floating cabins on all TVA reservoirs.
The alternatives considered by TVA were:
The No Action Alternative--TVA would use discretion in enforcing
its Section 26a regulations and would address specific problems caused
by the mooring and use of these structures on a case-by-case basis.
Alternative A--TVA would approve and issue permits for the mooring
of existing and new floating cabins that meet new minimum standards
within permitted marina harbor limits, while noncompliant floating
cabins would be removed from the reservoir. TVA would change its
regulations to set minimum standards for safety and wastewater issues
and would increase enforcement of the standards. Existing permits
issued to nonnavigable houseboats would remain valid and would not be
subject to new standards if they comply with existing permit
conditions.
Alternative B1--TVA would approve and issue permits for the mooring
of existing floating cabins that meet new minimum standards within
permitted marina harbor limits. Permitted nonnavigable houseboats in
compliance with their permits would continue to be allowed. TVA would
prohibit new floating cabins and update its regulations to clarify that
floating cabins are deemed nonnavigable. In the Draft EIS, TVA stated
that its preference was to implement either Alternative B1 or B2 as its
policy.
Alternative B2--TVA would approve existing floating cabins that
meet new minimum standards and allow mooring within permitted marina
harbor limits for a limited time period, after which all floating
cabins must be removed from TVA reservoirs. TVA would continue to allow
existing permitted nonnavigable houseboats that are compliant with
their permit conditions but would require that they also be removed
from TVA reservoirs within the time period. TVA would prohibit new
floating cabins. In the Draft EIS, Alternative B2 included a 30-year
sunset period by which time these structures would be removed. In the
Final EIS, TVA identified Alternative B2 as its preferred policy and
proposed a 20-year sunset period.
Alternative C--TVA would continue to allow permitted nonnavigable
houseboats that comply with their current permit conditions. TVA would
prohibit new and existing floating cabins. TVA would require removal of
all unpermitted floating cabins and permitted nonnavigable houseboats
that are noncompliant with their permit conditions in accordance with
18 CFR 1304.406. TVA would amend its regulations to clarify its
navigability criteria but would not issue new standards.
Alternative D--TVA would use its existing Section 26a regulations
and property rights to remove existing floating cabins and noncompliant
nonnavigable houseboats and to stop the mooring of new floating cabins
on its reservoirs. TVA also would use the conditions and covenants in
its land use agreements with marina operators to implement this
approach.
Environmentally Preferable Alternative
Alternative B2 is the alternative most likely to result in the
fewest environmental impacts over time because all floating cabins and
nonnavigable houseboats would eventually be removed from TVA reservoirs
and environmental impacts associated with the mooring and use of these
structures would cease after that period.
Public Involvement
TVA published a notice of intent to prepare the EIS in the Federal
Register on April 14, 2014. TVA sought input from Federal and state
agencies, Federally recognized Indian tribes, local organizations and
individuals during a 90-day public scoping period. Public meetings were
held in Jasper, Parsons, Kingsport, and Lafollette, Tennessee, and in
Bryson City, North Carolina, with more than 200 attendees in total. The
most common issues raised during the scoping period related to
electrical safety, anchoring and mooring practices, water quality, the
economic and financial importance of these structures to owners and
marina operators, and the need for minimum standards, inspections, and
enforcements. TVA also received recommendations for future management
and policy alternatives. TVA prepared and published a Scoping Report
that detailed the outreach and input during this period.
The NOA of the Draft EIS was published in the Federal Register on
June 12, 2015. TVA held public meetings on the Draft EIS in July and
August 2016 in Lafollette, Parsons, and Johnson City, Tennessee, and in
Bryson City, North Carolina, and accepted comments until August 25,
2015. TVA received 151 comment submissions on the Draft EIS and
provided responses in the Final EIS. In response to numerous
substantive comments, TVA made revisions and corrections to the EIS.
After considering the public's feedback on the Draft EIS and further
internal deliberation, TVA modified Alternative B2 by applying a
shorter period of time by which all nonnavigable houseboats and
floating cabins must be removed from TVA reservoirs.
The NOA of the Final EIS was published in the Federal Register on
February 26, 2016. In the Final EIS, TVA identified Alternative B2 as
its preferred floating cabins policy alternative and stated its intent
to formally establish regulations to implement the policy. After the
publication of the NOA and prior to the TVA Board of Directors (Board)
meeting on May 5, 2016, TVA staff and the Board received several
hundred comment submissions primarily from owners of nonnavigable
houseboats and floating cabins expressing opposition to the proposal to
remove these structures after a 20-year period. Most individuals,
however, stated that they recognized the need for greater oversight of
floating cabins by TVA and for new standards. Elected officials, marina
owners and operators, and several organizations also contacted TVA to
state their opposition to the sunset provision. A few commenters
asserted that the EIS does not conclude that nonnavigable houseboats
and floating cabins have an effect on the environment (in particular,
reservoir water quality), navigation, or
[[Page 51711]]
the public's use of reservoirs. While these commenters questioned the
conclusions of TVA's environmental and economic analyses, the
individuals did not submit additional information or scientific data
for TVA to consider. TVA also received a petition with over 3,600
signatures and almost 950 comments from individuals opposing the sunset
provision. Generally, these individuals supported Alternative B1.
At the May 5, 2016 meeting of the Board in Buchanan, Tennessee, 47
individuals spoke during the public listening session. Most speakers
opposed the sunset provision of Alternative B2. Several speakers
expressed support of the proposal.
Decision
At the May 2016 meeting, the Board approved Alternative B2, with
some revisions, as TVA's policy for the management of nonnavigable
houseboats and floating cabins, but chose to apply a 30-year sunset
period rather than the 20-year period proposed in the Final EIS. The
Board's decision adopted a policy to prohibit new floating cabins and
allow existing non-navigable houseboats and floating cabins to remain
in place for the 30-year period. The Board restated its earlier
determinations that these structures pose safety, navigation, and water
pollution risks and primarily benefit their owners at the expense of
the public's right to use and enjoy public waters. The Board also
directed staff to amend TVA's Section 26a regulations to implement the
new policy, establish environmental and safety standards, and to
institute a registration and inspection fee system for nonnavigable
houseboats and existing floating cabins to secure the resources needed
to enforce new standards and permit requirements.
On December 16, 2016, prior to TVA's issuance of a Record of
Decision to reflect the Board's decision, the United States Congress
enacted the Water Infrastructure Improvements for the Nation Act of
2016 (WIIN Act) including Title IV Section 5003, which amended the TVA
Act to include Section 9b. This new section of the TVA Act provides
that TVA may approve and allow the use of floating cabins on waters
under the jurisdiction of TVA as of December 16, 2016, if the floating
cabin is maintained to reasonable health, safety and environmental
standards, as required by the Board and if the owner pays a compliance
fee if assessed by TVA. The WIIN Act stipulates that TVA may not
require the removal of a floating cabin that was located on the
Tennessee River System as of December 16, 2016: (1) For a period of 15
years if it was granted a permit by TVA before enactment, or (2) for a
period of 5 years if it was not granted a permit by TVA before
enactment. It further stipulates that TVA may establish regulations to
prevent the construction of new floating cabins.
Consistent with the provisions of the WIIN Act, TVA completed two
rulemaking processes to establish regulations to implement these
provisions. In August 2018, TVA completed a rulemaking process to amend
its regulations that govern floating cabins to clarify the types of
structures that TVA will regulate as floating cabins and to prohibit
new floating cabins from mooring on the Tennessee River System after
December 16, 2016 (83 FR 44467, August 31, 2018). In September 2021,
TVA completed a second rulemaking process to address the permitting
process for existing floating cabins and establish health, safety, and
environmental standards (86 FR 50625, September 10, 2021). These rules
become effective on October 12, 2021.
During its environmental review, a primary environmental issue of
concern was how floating cabin wastewater would be managed. Among the
standards included in the new rules are requirements pertaining to
water discharge, sewage, and wastewater, to ensure compliance with all
applicable federal, state, and local laws and regulations. If a
floating cabin is documented to be in violation of any federal, state,
or local discharge or water quality regulation by the respective
regulatory agency, TVA will have the authority to revoke the permit and
require removal of the floating cabin from the Tennessee River System
if the violation is not corrected as specified by the regulatory agency
in accordance with the agency's requirements.
Because some provisions of the Board's approved alternative
(Alternative B2) are inconsistent with provisions of the WIIN Act, TVA
has decided to manage floating cabins in a manner that is substantively
similar with Alternative B1 in the EIS, to the extent consistent with
the WIIN Act. TVA will permit the mooring of existing floating cabins
that meet minimum standards within permitted marina harbor limits. In
addition, permitted nonnavigable houseboats in compliance with their
permits would continue to be allowed.
Through the rulemaking processes, several standards established by
TVA differ in minor ways from several of the potential standards
included in the EIS, which served to assist TVA in analyzing the
potential impacts associated with floating cabin management. In the
final regulations, due to the elimination by the WIIN Act of the sunset
period, TVA will require that owners of all pre-1978 nonnavigable
houseboats be in compliance with the new standards established during
the rulemaking, rather than maintain compliance with the previous
permit conditions as contemplated in the EIS. Applying the new
standards to older vessels has the potential to reduce environmental
impacts because the new standards would be more stringent than the
original permit conditions. In addition, at this time TVA will not
apply an annual administrative fee to floating cabin owners and will
lengthen the period of time provided to owners to make necessary
upgrades to floating cabins to bring them into compliance with current
standards; these provisions would result in minor reductions in the
economic impacts to floating cabin owners that are described in the
EIS. In the final regulations, TVA would allow exchanges or
combinations of up to 1,000 square-foot maximum footprint of the cabin,
as contemplated in the EIS, and up to another 400 square feet of
attached structures (such as docks and boat slips). While the total
spatial limit would be marginally greater than what was contemplated in
the EIS, the intent of the exchange program has not changed, and TVA
anticipates that the program would reduce or at least maintain the
current total footprint of floating cabins and attached structures on
reservoirs.
TVA also notes that since completion of the Final EIS in 2016, TVA
staff conducted additional surveys of floating cabins and now estimate
that as many as 20% more floating cabins are present on TVA reservoirs
than estimated in the EIS (1,800). The exact number of cabins is
difficult to determine, however. A greater number of floating cabins
would increase the impacts described in the EIS. However, because
impacts would be proportionately greater across the alternatives, the
increase in the estimated number of floating cabins is unlikely to
result in a change to conclusions made by TVA in its analysis.
TVA has considered whether this higher estimate and the minor
differences between the established standards and the potential
standards identified in the EIS necessitate the supplementation of the
EIS. TVA has determined that such supplementation is not necessary
because the changes are not substantial and the new information is not
significant as is relevant to environmental concerns. The
[[Page 51712]]
information would not meaningfully alter TVA's analysis of impacts.
Mitigation Measures
During the environmental review, TVA identified and considered ways
in which the impacts associated with the mooring and use of
nonnavigable houseboats and floating cabins could be reduced and
mitigated and included in the alternatives a number of proposals to
reduce or eliminate ongoing or potential future impacts. TVA would
require that owners of these structures adhere to permit conditions and
minimum standards, many of which are intended to mitigate potential
impacts to the environment. These minimum standards have been
established through formal rulemaking processes and address water
quality, flotation materials, public safety mooring practices, size,
and navigation.
All floating cabins, including nonnavigable houseboats that have
been previously permitted by TVA, must comply with the new standards by
a specified deadline. Non-compliance with these terms could result in
the termination or denial of the permit and removal from the reservoir,
consistent with timeframes identified in the WIIN Act. The requirements
and the successful implementation of an enforcement and compliance
system will reduce environmental impacts associated with the mooring
and use of these structures on TVA reservoirs. Because this is a
programmatic NEPA review, measures to reduce potential environmental
impacts of site-specific activities associated with this policy were
not identified. Additional environmental reviews would be required if
changes to specific marina operations are proposed affecting
nonnavigable houseboats and floating cabins and additional mitigation
measures may be identified.
To address potential effects of implementing the policy on cultural
and historic resources, TVA completed a programmatic agreement in May
2016 with the State Historic Preservation Officers (SHPO) of Alabama,
Georgia, Kentucky, North Carolina, Tennessee and Virginia. This
programmatic agreement was amended and executed in January 2021. Under
the agreement, TVA will consult with the appropriate SHPO and
consulting parties when reviewing either plans submitted to TVA by
marina owners related to harbor limits or plans for individual floating
cabin owners moored outside of marina harbor limits.
Authority: 40 CFR 1505.2.
Allen A. Clare,
Vice President, River and Resources Stewardship.
[FR Doc. 2021-19999 Filed 9-15-21; 8:45 am]
BILLING CODE 8120-08-P
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