Corps of Engineers, Dept. of the Army, DoD Pt. 334 (2) For in-lieu fee project sites, real land bank) must be consistent with the estate instruments, management plans, terms of this part. or other long-term protection mecha- (2) In-lieu fee program instruments. All nisms used for site protection must be in-lieu fee program instruments ap- finalized before advance credits can be- proved on or after July 9, 2008 must come released credits. meet the requirements of this part. In- (u) Long-term management. (1) The lieu fee programs operating under in- legal mechanisms and the party re- struments approved prior to July 9, sponsible for the long-term manage- 2008 may continue to operate under ment and the protection of the mitiga- those instruments for two years after tion bank site must be documented in the effective date of this rule, after the instrument or, in the case of um- which time they must meet the re- brella mitigation banking instruments quirements of this part, unless the dis- and in-lieu fee programs, the approved trict engineer determines that cir- mitigation plans. The responsible party cumstances warrant an extension of up should make adequate provisions for to three additional years. The district the operation, maintenance, and long- engineer must consult with the IRT be- term management of the compensatory fore approving such extensions. Any re- mitigation project site. The long-term visions made to the in-lieu fee program management plan should include a de- instrument on or after July 9, 2008 scription of long-term management must be consistent with the terms of needs and identify the funding mecha- this part. Any approved project for nism that will be used to meet those which construction was completed needs. under the terms of a previously ap- (2) The instrument may contain pro- proved instrument may continue to op- visions for the sponsor to transfer long- erate indefinitely under those terms if term management responsibilities to a the district engineer determines that land stewardship entity, such as a pub- the project is providing appropriate lic agency, non-governmental organiza- mitigation substantially consistent tion, or private land manager. with the terms of this part. (3) The instrument or approved miti- gation plan must address the financial PART 334—DANGER ZONE AND arrangements and timing of any nec- RESTRICTED AREA REGULATIONS essary transfer of long-term manage- ment funds to the steward. Sec. (4) Where needed, the acquisition and 334.1 Purpose. protection of water rights should be se- 334.2 Definitions. 334.3 Special policies. cured and documented in the instru- 334.4 Establishment and amendment proce- ment or, in the case of umbrella miti- dures. gation banking instruments and in-lieu 334.5 Disestablishment of a danger zone. fee programs, the approved mitigation 334.6 Datum. site plan. 334.10 Gulf of Maine off Seal Island, Maine; (v) Grandfathering of existing instru- naval aircraft bombing target area. ments—(1) Mitigation banking instru- 334.20 Gulf of Maine off Cape Small, Maine; ments. All mitigation banking instru- naval aircraft practice mining range area. ments approved on or after July 9, 2008 334.30 Gulf of Maine off Pemaquid Point, must meet the requirements of this Maine; naval sonobuoy test area. part. Mitigation banks approved prior 334.40 Atlantic Ocean in vicinity of Duck Is- to July 9, 2008 may continue to operate land, Maine, Isles of Shoals; naval air- under the terms of their existing in- craft bombing target area. struments. However, any modification 334.45 Kennebec River, Bath Iron Works to such a mitigation banking instru- Shipyard, naval restricted area, Bath, ment on or after July 9, 2008, including Maine. authorization of additional sites under 334.50 Piscataqua River at Portsmouth Naval Shipyard, Kittery, Maine; re- an umbrella mitigation banking instru- stricted areas. ment, expansion of an existing site, or 334.60 Cape Cod Bay south of Wellfleet Har- addition of a different type of resource bor, Mass.; naval aircraft bombing target credits (e.g., stream credits to a wet- area. 513 VerDate Sep<11>2014 17:09 Aug 21, 2019 Jkt 247139 PO 00000 Frm 00523 Fmt 8010 Sfmt 8010 Q:\33\33V3.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Pt. 334 33 CFR Ch. II (7–1–19 Edition) 334.70 Buzzards Bay, and adjacent waters, 334.260 York River, Va.; naval restricted Mass.; danger zones for naval operations. areas. 334.75 Thames River, Naval Submarine Base 334.270 York River adjacent to Cheatham New London, restricted area. Annex Depot, Naval Supply Center, Wil- 334.80 Narragansett Bay, RI; restricted area. liamsburg, Va.; restricted area. 334.81 Narragansett Bay, East Passage, 334.275 North and Southwest Branch, Back Coddington Cove, Naval Station New- River, Hampton, U.S. Air Force Base, port, naval restricted area, Newport, Langley, Va.; restricted area. Rhode Island. 334.280 James River between the entrance 334.82 Narragansett Bay, East Passage, to Skiffes Creek and Mulberry Point, Coasters Harbor Island, Naval Station Va.; army training and small craft test- Newport, Newport, Rhode Island, re- ing area. stricted area. 334.285 York River and the Naval Weapons 334.85 New York Harbor, adjacent to the Station Yorktown-Cheatham Annex, Stapleton Naval Station, Staten Island, Yorktown, Virginia; danger zone. New York; restricted area. 334.290 Elizabeth River, Southern Branch, 334.100 Atlantic Ocean off Cape May, N.J.; Va.; naval restricted areas. Coast Guard Rifle Range. 334.293 Elizabeth River, Craney Island Re- 334.102 Sandy Hook Bay, Naval Weapons fueling Pier Restricted Area, Portsmouth Station EARLE, Piers and Terminal VA; naval restricted area. Channel, restricted area, Middletown, 334.300 Hampton Roads and Willoughby New Jersey. Bay, Norfolk Naval Base, naval re- 334.110 Delaware Bay off Cape Henlopen, stricted area, Norfolk, Virginia. Del.; naval restricted area. 334.310 Chesapeake Bay, Lynnhaven Roads; 334.120 Delaware Bay off Milford Neck; navy amphibious training area. naval aircraft bombing target area. 334.320 Chesapeake Bay entrance; naval re- 334.130 Atlantic Ocean off Wallops Island stricted area. and Chincoteague Inlet, Va.; danger zone. 334.330 Atlantic Ocean and connecting wa- 334.140 Chesapeake Bay; U.S. Army Proving ters in vicinity of Myrtle Island, Va.; Air Ground Reservation, Aberdeen, Md. Force practice bombing, rocket firing, 334.150 Severn River at Annapolis, Md.; ex- and gunnery range. perimental test area, U.S. Navy Marine Engineering Laboratory. 334.340 Chesapeake Bay off Plumtree Island, 334.155 Severn River, Naval Station Annap- Hampton, Va.; Air Force precision test olis, Small Boat Basin, Annapolis, MD; area. naval restricted area. 334.350 Chesapeake Bay off Fort Monroe, 334.160 Severn River, at U.S. Naval Acad- Va.; firing range danger zone. emy Santee Basin, Annapolis, Md.; naval 334.360 Chesapeake Bay off Fort Monroe, restricted area. Virginia; restricted area, U.S. Naval Base 334.170 Chesapeake Bay, in the vicinity of and Naval Surface Weapon Center. Chesapeake Beach, Md.; firing range, 334.370 Chesapeake Bay, Lynnhaven Roads; Naval Research Laboratory. danger zones, U.S. Naval Amphibious 334.180 Patuxent River, Md.; restricted Base. areas, U.S. Naval Air Test Center, Patux- 334.380 Atlantic Ocean south of entrance to ent River, Md. Chesapeake Bay off Dam Neck, Virginia; 334.190 Chesapeake Bay, in vicinity of naval firing range. Bloodsworth Island, MD, U.S. Navy. 334.390 Atlantic Ocean south of entrance to 334.200 Chesapeake Bay, Point Lookout to Chesapeake Bay; firing range. Cedar Point; aerial and surface firing 334.400 Atlantic Ocean south of entrance to range and target area, U.S. Naval Air Chesapeake Bay off Camp Pendleton, Station, Patuxent River, Maryland, dan- Virginia; naval restricted area. ger zones. 334.405 South of entrance to Chesapeake 334.210 Chesapeake Bay, in vicinity of Tan- Bay off Camp Pendleton, Virginia; firing gier Island; naval guided missiles test op- range. erations area. 334.410 Albermarle Sound, Pamlico Sound, 334.220 Chesapeake Bay, south of Tangier Is- and adjacent waters, N.C.; danger zones land, Va.; naval firing range. for naval aircraft operations. 334.230 Potomac River. 334.412 Albemarle Sound, Pamilico Sound, 334.235 Potomac River, Marine Corps Base Harvey Point and adjacent waters, NC; Quantico (MCB Quantico) in vicinity of restricted area. Marine Corps Air Facility (MCAF), re- 334.420 Pamlico Sound and adjacent waters, stricted area. N.C.; danger zones for Marine Corps oper- 334.240 Potomac River, Mattawoman Creek ations. and Chicamuxen Creek; U.S. Naval Pro- 334.430 Neuse River and tributaries at Ma- pellant Plant, Indian Head, Md. rine Corps Air Station Cherry Point, 334.250 Gunston Cove, at Whitestone Point, North Carolina; restricted area and dan- Va.; U.S. Army restricted area. ger zone. 514 VerDate Sep<11>2014 17:09 Aug 21, 2019 Jkt 247139 PO 00000 Frm 00524 Fmt 8010 Sfmt 8010 Q:\33\33V3.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Corps of Engineers, Dept. of the Army, DoD Pt. 334 334.440 New River, N.C., and vicinity; Ma- bombing and strafing target areas, Naval rine Corps firing ranges. Air Station, Key West, Fla. 334.450 Cape Fear River and tributaries at 334.630 Tampa Bay south of MacDill Air Sunny Point Army Terminal, Brunswick Force Base, Fla.; small-arms firing range County, NC; restricted area. and aircraft jettison, U.S. Air Force, 334.460 Cooper River and tributaries at MacDill Air Force Base. Charleston, SC. 334.635 Hillsborough Bay and waters contig- 334.470 Cooper River and Charleston Harbor, uous to MacDill Air Force Base, Fla.; re- S.C.; restricted areas. stricted area. 334.475 Brickyard Creek and tributaries and 334.640 Gulf of Mexico south of Apalachee the Broad River at Beaufort, SC.