[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Pages 32362-32366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14690]


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GULF COAST ECOSYSTEM RESTORATION COUNCIL

[Docket No.: 107132017-1111-15]


RESTORE Act--Draft 2017 Funded Priorities List: Comprehensive 
Commitment and Planning Support

AGENCY: Gulf Coast Ecosystem Restoration Council.

ACTION: Notice of availability; request for comments.

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SUMMARY: In accordance with the Resources and Ecosystems 
Sustainability, Tourist Opportunities, and Revived Economies of the 
Gulf States Act (RESTORE Act or Act), the Gulf Coast Ecosystem 
Restoration Council (Council) announces the availability of the Draft 
2017 Funded Priorities List: Comprehensive Commitment and Planning 
Support (draft CPS FPL). In the draft CPS FPL, the Council proposes to 
provide its members with funding to enhance collaboration, 
coordination, public engagement and use of best available science 
needed to make efficient use of

[[Page 32363]]

Gulf restoration funds resulting from the Deepwater Horizon oil spill. 
These awards will support the Council's commitment to a coordinated 
approach to ecosystem restoration, as called for in the Comprehensive 
Plan Update 2016: Restoring the Gulf Coast's Ecosystem and Economy. The 
draft CPS FPL is now available for public and Tribal review and comment 
at www.restorethegulf.gov.

DATES: To ensure consideration, we must receive your written comments 
on the draft CPS FPL by 11:59 p.m. MT August 14, 2017.
    Two informational webinars will be conducted:
     July 13, 2017 at 6:00 p.m. Central Time https://register.gotowebinar.com/register/8691294554732234497.
     July 25, 2017 at 2:00 p.m. Central Time https://register.gotowebinar.com/register/6303399390784342017.
    You may register for these webinars in advance. Once registered, a 
link to access the webinar will be sent to the email address provided 
during registration.

ADDRESSES: You may submit comments on the draft CPS FPL by one of the 
following methods:
     Electronic Web site Submission: Through the following Web 
site: www.restorethegulf.gov.
     Email: Submit electronic public comments by email to: 
[email protected].
     Mail/Commercial Delivery: You may also mail comments to: 
Gulf Coast Ecosystem Restoration Council, Attention: Draft FPL 
Comments, Hale Boggs Federal Building, 500 Poydras Street, Suite 1117, 
New Orleans, LA 70130.
    In general, the Council will make such comments available for 
public inspection and copying on its Web site, www.restorethegulf.gov 
without change, including any business or personal information 
provided, such as names, addresses, email addresses, or telephone 
numbers. All comments received, including attachments and other 
supporting materials, will be part of the public record and subject to 
public disclosure. You should only submit information you wish to make 
publicly available.

FOR FURTHER INFORMATION CONTACT: Please send questions by email to 
[email protected], or contact Keala J. Hughes at (504) 
717-7235.

SUPPLEMENTARY INFORMATION: 

Draft 2017 Funded Priorities List: Comprehensive Plan Commitment and 
Planning Support

    The Gulf Coast Ecosystem Restoration Council's (Council) 2016 
Comprehensive Plan commits to enhancing collaboration, coordination, 
public engagement and the use of best available science to support a 
holistic approach to Gulf of Mexico restoration. This approach reflects 
the interconnected nature of coastal and marine ecosystems and the 
importance of addressing system-wide stressors to improve ecosystem 
function. To that end, the Comprehensive Plan sets forth a vision to 
guide the Council's future actions:

A Healthy and Productive Gulf Ecosystem Achieved Through Collaboration 
on Strategic Restoration Projects and Programs

    The Council is proposing to provide limited funding over five years 
to its members to support the aforementioned Comprehensive Plan 
commitments and identify the future investments that maximize 
achievement of Gulf-wide restoration goals. The Council is also 
proposing to review the effectiveness of this funding at year four and 
consider whether extending planning and commitment support efforts 
beyond the five-year period is needed to continue to meet the 
Comprehensive Plan commitments.
    The Council refers to this proposal as Comprehensive Plan 
Commitment and Planning Support (CPS). Pursuant to the RESTORE Act (33 
U.S.C. 1321(t)(2)(D)(ii)(V)(bb)), in order to disburse Council-Selected 
Restoration Component funding to Council members, such funding must 
first be approved through a Funded Priorities List (FPL). Therefore, 
the CPS funding is being proposed as a draft 2017 FPL. This FPL 
development process enables the Council to solicit critical input from 
key stakeholders and the general public prior to making final decisions 
regarding CPS funding.

Background and Rationale

    The fines and penalties arising from the Deepwater Horizon oil 
spill represent a once-in-a-lifetime opportunity for large-scale 
restoration in the Gulf of Mexico. Restoration funding in connection 
with the Deepwater Horizon oil spill is administered through a variety 
of programs, each governed by different laws and/or procedures. These 
programs include the five Resources and Ecosystems Sustainability, 
Tourist Opportunities, and Revived Economies of the Gulf Coast States 
Act of 2012 (RESTORE Act) (33 U.S.C. 1321(t) and note) components, 
Deepwater Horizon Natural Resource Damage Assessment (NRDA), the 
National Fish and Wildlife Foundation's (NFWF) Gulf Environmental 
Benefit Fund (GEBF) and other funding sources.
    A major challenge to Gulf-wide ecosystem restoration is 
coordinating efforts within each state, among Council members, among 
stakeholders within the Gulf region, and across funding streams. Adding 
to the challenge is the fact that no designated funding stream exists 
to support Council Member efforts to plan and coordinate restoration 
activities under the Council-Selected Restoration Component. 
Historically, Council members have had to rely upon general, tax-
generated or appropriated funds to support their involvement in 
Council-Selected Restoration Component, including FPL development and 
the Comprehensive Plan update. The funds proposed to be approved in 
this draft FPL would provide Council members with funding from the 
Deepwater Horizon oil spill settlement. By supporting collaboration and 
leveraging among these programs, the Council will be able to produce 
the greatest on-the-ground restoration results possible.
    To effectively and efficiently address the commitments of the 
Comprehensive Plan, the Council proposes to provide funds necessary for 
members to:
     Strengthen ecosystem restoration proposals for future 
FPL(s) under the Council-Selected Restoration component of the RESTORE 
Act.
    [cir] These funds will allow for the collaborative development of 
large-scale project and/or program submissions for potential funding 
through future FPL(s) to advance watershed/estuary-based efforts that 
were initiated in the Council's Initial FPL.
     Enhance the efficiency of future FPL development 
processes.
    [cir] Investing in these CPS activities will provide for more 
thorough development of information on future FPL project/program 
proposals through the collaborative process.
    [cir] Included in this information could be any necessary pre-
submission consultations on best available science and environmental 
compliance.
    [cir] Collectively, this information may result in potentially 
faster evaluation and funding of future FPLs.
     Facilitate long-term planning and leveraging efforts 
across funding streams.
    [cir] Because funds from the Deepwater Horizon oil spill will come 
in annual installments over the next 15 years,

[[Page 32364]]

investing in collaborative planning will help the Council develop a 10-
year funding strategy based upon the anticipated BP payment schedule.
    [cir] This strategy will include identifying opportunities to 
leverage across funding streams, as opposed to spending each annual 
payment on relatively small and possibly disconnected projects.
    The Council believes that investing a relatively small amount of 
time and resources in planning can ensure that restoration projects 
selected for funding will yield greater ecosystem benefits in the 
future.

Ensuring Fiscal Responsibility

    If approved, the Council intends to incentivize cost savings and 
efficiency in the CPS effort. Accordingly, if a member does not utilize 
its full allocation of CPS funding then, subject to Council approval in 
accordance with the RESTORE Act and all other applicable laws, the 
Council will take such savings into account when considering that 
member's proposals for future restoration funding opportunities. In 
other words, savings in the proposed CPS funds could be used to support 
specific restoration projects and programs sponsored by the Council 
member that achieves the savings.

Commitment and Planning Support Activities

    The CPS funding will provide the necessary resources for Council 
members to stimulate and encourage the coordination and collaboration 
necessary to achieve the commitments of the Comprehensive Plan. By 
working closely within the Council, and among our restoration partners 
and the public, the Council believes it can make significant progress 
towards comprehensive Gulf restoration and provide substantial 
environmental and economic benefits to current and future generations. 
For example, the Council anticipates that the proposed CPS funds will 
be used to collaborate with the Deepwater Horizon NRDA Trustees, NFWF's 
GEBF and/or other relevant funding programs. Specifically, the CPS 
funds would cover individual Council Members' costs associated with:
     Evaluating the efficacy of using multiple funding streams 
to fund a single large-scale restoration and/or conservation project/
program beyond what could be achieved through a single funding source.
     Developing project and program concepts that may be 
pursued for funding in future FPL(s), thereby potentially accelerating 
implementation of those selected for funding. Note that CPS funds may 
not be used to advance specific projects and programs beyond what is 
needed for submission for possible FPL approval.
     Harmonizing projects and programs within a defined 
geographic area, including a watershed/estuary system, that are 
temporally and spatially aligned with ecosystem function.
    Activities supported by the proposed CPS funding would include the 
planning, coordination, collaboration, and pre-submission environmental 
compliance review \1\ that will enable Council members to more 
effectively:
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    \1\ CPS funds do not cover preparation of environmental 
compliance documentation (e.g., NEPA documentation) or permit 
application costs. Such activities are only funded after the given 
project or program is approved in an FPL, and after a separate grant 
or Interagency Agreement is awarded.
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     Meet the requirements of the RESTORE Act Council-Selected 
Restoration Component;
     Meet the commitments of the Comprehensive Plan Update (see 
Appendix A); and
     Address associated planning needs for developing future 
FPLs.
Allowable Activities
    Specifically, categories of activities proposed to be allowed under 
this CPS FPL would include:
     Planning and collaboration to develop submissions and/or 
conceptual, pre-submission options for the next FPL. Planning 
activities must be reasonable and directly related to the Council-
Selected Restoration Component FPL development, and could include:
    [cir] Planning and collaboration with other Council members for 
joint/coordinated proposal submissions;
    [cir] Intra- and inter-state planning with multiple state and/or 
federal agencies and partners to develop proposals including those 
requiring multiple partner contributions (e.g., with federal partners 
to do a project in a state);
    [cir] Intra-member planning to develop proposals including those 
requiring multiple agency contributions (state and federal);
    [cir] Technical meetings/focus groups (e.g., with other regional 
efforts such as but not limited to National Estuary Programs; National 
Estuarine Research Reserve System; National Academies of Sciences, 
environmentally-focused NGOs, Gulf Research Program; Council Monitoring 
and Assessment Workgroup; etc.);
    [cir] Public engagement activities for the purposes of developing 
FPL submissions (e.g., directed stakeholder engagement, public meetings 
and workshops) to cover expenses such as venues, invited facilitators, 
speakers, translators, etc.; \2\
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    \2\ The public may include a wide and diverse array of 
stakeholders, such as Tribes, federal, state and local governments, 
private businesses, academic and non-governmental organizations 
(NGOs), and the general public.
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    [cir] Process-related activities to support development of project/
program options (e.g., developing decision support structures at 
various levels (e.g., projects, programs, watersheds), preparing 
materials for collaboration activities, reviewing and addressing public 
comments on future FPLs);
    [cir] Project scoping, pre-submission environmental compliance 
review/coordination and engagement, and technical assistance for 
potential future FPL projects (including Council workgroups); and
    [cir] Collaboration and coordination among Council, NRDA, NFWF, as 
well as entities identified in the RESTORE Act with roles in the Spill 
Impact Component to support development of restoration priorities and/
or development of jointly funded/implemented projects and programs.
     Staffing in support of planning, collaboration, pre-
submission environmental compliance coordination, and meeting other 
commitments from the Comprehensive Plan;
     Preparation of proposals in accordance with FPL submission 
guidelines, including entry of proposals into the Council's Restoration 
Assistance and Award Management System (RAAMS);
     Evaluation activities to determine the impact of the 
Council's projects/programs and inform adaptive management for future 
funding decisions. Activities should complement work undertaken through 
the Council Monitoring and Assessment Program, and could include:
    [cir] Near-term design of an evaluation structure and process,
    [cir] Periodic evaluations of overall Bucket 2 project/program 
impact at multiple scales, and
    [cir] Development of recommendations for adaptive management.
     Financial support for outreach mechanisms (printing, Web 
site maintenance, and other similar activities);
     Travel expenses that are reasonable and directly related 
to the Council-Selected Restoration Component projects/programs 
development, including:
    [cir] Steering Committee/Council meetings;

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    [cir] Meetings with individual Council member agencies and other 
potential partners to develop project concepts;
    [cir] Meetings to support project/program planning and 
collaboration;
    [cir] Participation in Council workgroups and FPL project-specific 
workgroups and committees;
    [cir] Participation in training, conferences, and workshops to 
facilitate general collaboration among restoration practitioners and 
scientists and maximize use of existing expertise; and
    [cir] Site visits to support development of reasonably viable 
projects/program submissions for potential FPL funding.
     Preparation and execution of Interagency Agreements, 
grants, and other related items required by the Council prior to 
implementing the scope of work covered by project-specific interagency 
project-specific activities. These CPS funds would not be able to be 
used to conduct post-award, project-specific activities. Those costs 
would be borne by the project itself.
     The allowable uses of CPS funding would not include 
engineering and design and environmental compliance activities beyond 
the pre-submission stage (see footnote 1, above).
    With these funds, Council members would have the necessary 
resources to enable stronger support of collaboration activities, 
including:
     Collaborating on various scales, including:
    [cir] Watershed-scale to sequence projects in alignment with 
ecosystem function, including evaluation of applicability of various 
Deepwater Horizon and other funding streams to maximize the 
effectiveness of conservation efforts;
    [cir] A state-scale and/or landscape-scale geographic area; and
    [cir] Region-wide-scale for restoration planning focused on a 
specific resource (e.g., oysters, birds) or strategy (e.g., living 
shorelines).
     Providing opportunities to facilitate the formation of 
strategic partnerships and collaboration on innovative ecosystem 
restoration projects, programs, and approaches, including:
    [cir] Public engagement opportunities that reflect the richness and 
diversity of Gulf Coast communities to ensure ongoing public 
participation in the Council's restoration efforts;
    [cir] Focused resource and/or geographic-specific discussions with 
stakeholders and technical experts; and
    [cir] Advancing the ability to achieve, assess, and report on 
watershed or regional outcomes (i.e., measures, developing indicators 
to meet Council goals and objectives)
Reporting Elements
    Council members utilizing CPS funds under this FPL will provide 
information on the progress of their respective efforts. The primary 
focus of reporting is to encourage further collaboration and share best 
practices/lessons learned. To that end, the following reporting 
elements of the CPS funding awards would include:
     Semi-Annual Financial and Expenditure written reports, and 
annual progress summaries, submitted through the Council's RAAMS in 
adherence to federal financial assistance requirements (2 CFR part 
200). The annual progress summaries should include, as appropriate:
    [cir] Collaboration activities and partners,
    [cir] Stakeholders and public engagement workshops/meetings held,
    [cir] FPL-related Planning,
    [cir] Lessons learned, and
    [cir] Potential project/program concepts, which may include such 
details as:
    [ssquf] Watershed, estuary or other geographic areas; and
    [ssquf] Council Goal(s) and Objective(s) addressed
     Work with Council Staff to populate and regularly update 
project/program concepts information in the internal online project/
program mapping tool. The purpose is to facilitate pre-submission 
collaboration between members who may have preliminary interests in 
similar projects or programs.
    CPS activities will also be periodically discussed in Steering 
Committee meetings to foster additional collaboration and share lessons 
learned. During these meetings, Council members are encouraged to 
highlight progress and accomplishments related to this work.

Proposed Funding Amount

    The Council proposes to allow each of the 11 Council members to 
apply for up to $500,000 per year for up to 3 years and up to $300,000 
per year for 2 years thereafter, resulting in a total of up to $23.1 
million, or 1.44% of the total funds available (not including interest) 
in the Council-Selected Restoration Component supporting these 
activities, as detailed in Table 1 (below).

                      Table 1--Funding for the Commitments and Planning Support Activities
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                                                                                  Total 5-year
                                                                                   investment     Percentage of
         Annual per member  (maximum)              Annual total council cap      maximum  based   total  Bucket
                                                                                 on  annual cap      2 funds
                                                                                      ($M)
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$500K for 3 Years............................  $5.5M/year for 3 years.........            23.1            *1.44
$300k for 2 Years............................  $3.3M/year for 2 years.........
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* The 1.44% is calculated based upon total funds provided by BP and other responsible parties; it does not
  include interest. Therefore, the percentage will be less over time as interest is accrued.

    The Council also proposes to review the effectiveness of this 
funding at year four and consider the need to continue the CPS beyond 
the five-year period. Based upon this evaluation, the Council will 
determine whether there is a need to undertake follow-on awards to 
continue this work. The timing of this review during year four is 
intended to avoid a lapse in funding. If the need for CPS funding 
extends beyond 5 years, future awards would use the same FPL amendment 
process requiring public notice and a formal Council vote.

Summary

    The Council has a key role in helping to ensure that the Gulf's 
natural resources are sustainable and available for future generations. 
The Gulf restoration funds available now and in the future, represent 
an incredible opportunity and responsibility for the Council and all 
the stakeholders in the Gulf Coast region.
    In the coming months and years, the Council will focus its efforts 
on collaboration--among and between members and with other restoration 
partners--to fully leverage available funds. Through such focused 
collaboration, the Council can facilitate holistic, large-scale, and 
coordinated restoration. The CPS funding proposed

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in this draft FPL is intended to enable the Council to most effectively 
meet these fundamental commitments. The Council looks forward to 
hearing from the public on this proposal.

                               Appendix A--Council Comprehensive Plan Commitments
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                     Topic                                         Commitment                        Page No.
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Development of Funded Priority Lists..........  Take a holistic approach to restoration.........          13, 14
                                                Continue to improve Submission Guidelines.......              17
                                                The Council adopted the watershed/estuary-based               22
                                                 approach as a strategic planning principle for
                                                 future FPL development.
                                                Healthy and sustainable ecosystems are essential              23
                                                 for thriving and resilient coastal communities.
                                                Encourage partnerships and additional public and              23
                                                 private financial and technical support to
                                                 maximize outcomes and impacts.
                                                Identify and leverage new sources of funding to               25
                                                 support current and future restoration work by
                                                 exploring creative conservation funding.
                                                The Council will refine its processes for                     25
                                                 considering public input on draft FPLs before
                                                 finalizing changes to the final FPL.
                                                Project evaluation and selection will be                      25
                                                 conducted in the most open manner feasible.
                                                Will update and improve the process for applying              27
                                                 BAS to FPL proposals, including exploring the
                                                 use of one or more science review panels.
Collaboration and Coordination................  Sponsor and participate in meetings and                       17
                                                 workshops in 2017 and into 2018.
                                                Facilitate meaningful engagement with range of                17
                                                 stakeholders.
                                                Maximize outcomes by leveraging funds and                     17
                                                 expertise.
                                                Coordination and collaboration among members and              24
                                                 our restoration partners is critical to the
                                                 success of Gulf restoration.
                                                Coordinate regulatory efforts across Council                  26
                                                 membership.
Science.......................................  Decisions made pursuant to the FPL will be based       6, 17, 27
                                                 on the best available science.
                                                The Council recognizes the importance of                      27
                                                 measuring outcomes and impacts in order to
                                                 achieve tangible results and ensure that funds
                                                 are invested in a meaningful way.
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    Document Availability: Copies of the draft CPS FPL are available at 
the following office during regular business hours: Gulf Coast 
Ecosystem Restoration Council, Hale Boggs Federal Building, 500 Poydras 
Street, Suite 1117, New Orleans, LA 70130. The draft CPS FPL can also 
be viewed and downloaded at www.restorethegulf.gov.

    Legal Authority: The statutory program authority for the draft 
FPL is found at 33 U.S.C. 1321(t)(2).

Will D. Spoon,
Program Analyst, Gulf Coast Ecosystem Restoration Council.
[FR Doc. 2017-14690 Filed 7-12-17; 8:45 am]
 BILLING CODE 6560-58-P