82 FR 14218 - Proposed Amendment to Initial Funded Priorities List

GULF COAST ECOSYSTEM RESTORATION COUNCIL

Federal Register Volume 82, Issue 51 (March 17, 2017)

The Gulf Coast Ecosystem Restoration Council (Council) seeks public and Tribal comment on a proposal to amend its Initial Funded Priorities List (FPL) to approve implementation funding and associated actions for the Palm River Restoration Project Phase II, East McKay Bay project (Palm River), Florida. The Council is proposing to approve $768,680 in implementation funding for Palm River. The Council is also proposing to reallocate $87,750 from planning to implementation. The total amount available for implementation of Palm River would be $856,430. These funds would be used for construction of three stormwater ponds, exotic vegetation removal, native planting, monitoring, management of exotic species, and maintenance of the culverts/stormwater ponds along the Palm River at the mouth of McKay Bay. In the Initial FPL, components of the Palm River project were split among two sponsors: The Environmental Protection Agency (EPA) and Florida. The EPA portion of the Palm River project was included with a larger set of restoration measures within the FPL activity entitled Tampa Bay National Estuary Program. To enhance administrative efficiency, the Council is proposing to unify the two components of the Palm River project under one sponsor, Florida. The implementation funding proposed above includes monies originally budgeted for implementation of the EPA component ($271,430). To comply with the National Environmental Policy Act (NEPA) and other applicable laws, the Council is proposing to adopt an existing Environmental Assessment (EA) and ensure compliance with the terms and conditions of an associated Clean Water Act (CWA) Section 404 permit that has been issued for the project. In so doing, the Council would expedite project implementation, reduce planning costs and potentially increase the ecological benefits of this project.

[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14218-14219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05353]


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GULF COAST ECOSYSTEM RESTORATION COUNCIL

[Docket No.: 103172017-1111-10]


Proposed Amendment to Initial Funded Priorities List

AGENCY: Gulf Coast Ecosystem Restoration Council.

ACTION: Proposed amendment to Initial Funded Priorities List.

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SUMMARY: The Gulf Coast Ecosystem Restoration Council (Council) seeks 
public and Tribal comment on a proposal to amend its Initial Funded 
Priorities List (FPL) to approve implementation funding and associated 
actions for the Palm River Restoration Project Phase II, East McKay Bay 
project (Palm River), Florida. The Council is proposing to approve 
$768,680 in implementation funding for Palm River. The Council is also 
proposing to reallocate $87,750 from planning to implementation. The 
total amount available for implementation of Palm River would be 
$856,430. These funds would be used for construction of three 
stormwater ponds, exotic vegetation removal, native planting, 
monitoring, management of exotic species, and maintenance of the 
culverts/stormwater ponds along the Palm River at the mouth of McKay 
Bay.
    In the Initial FPL, components of the Palm River project were split 
among two sponsors: The Environmental Protection Agency (EPA) and 
Florida. The EPA portion of the Palm River project was included with a 
larger set of restoration measures within the FPL activity entitled 
Tampa Bay National Estuary Program. To enhance administrative 
efficiency, the Council is proposing to unify the two components of the 
Palm River project under one sponsor, Florida. The implementation 
funding proposed above includes monies originally budgeted for 
implementation of the EPA component ($271,430).
    To comply with the National Environmental Policy Act (NEPA) and 
other applicable laws, the Council is proposing to adopt an existing 
Environmental Assessment (EA) and ensure compliance with the terms and 
conditions of an associated Clean Water Act (CWA) Section 404 permit 
that has been issued for the project. In so doing, the Council would 
expedite project implementation, reduce planning costs and potentially 
increase the ecological benefits of this project.

DATES: Comments on this proposed amendment are due April 17, 2017.

ADDRESSES: Comments on this proposed amendment may be submitted as 
follows:
    By Email: Submit comments by email to 
[email protected]. Email submission of comments ensures 
timely receipt and enables the Council to make them available to the 
public. 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 and 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 that you wish to 
make publicly available.
    By Mail: Send comments to Gulf Coast Ecosystem Restoration Council, 
500 Poydras Street, Suite 1117, New Orleans, LA 70130.

FOR FURTHER INFORMATION CONTACT: Please send questions by email to 
[email protected] or contact John Ettinger at (504) 444-
3522.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Deepwater Horizon oil spill led to passage of the 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), which dedicates 80 percent of all Clean Water Act 
administrative and civil penalties related to the oil spill to the Gulf 
Coast Restoration Trust Fund (Trust Fund). The RESTORE Act also created 
the Council, an independent Federal entity comprised of the five Gulf 
Coast states and six Federal agencies. Among other responsibilities, 
the Council administers a portion of the Trust Fund known as the 
Council-Selected Restoration Component in order to ``undertake projects 
and programs, using the best available science, that would restore and 
protect the natural resources, ecosystems, fisheries, marine and 
wildlife habitats, beaches, coastal wetlands, and economy of the Gulf 
Coast.'' Additional information on the Council can be found here: 
https://www.restorethegulf.gov.
    On December 9, 2015, the Council approved the FPL, which includes 
projects and programs approved for funding under the Council-Selected 
Restoration Component, along with other activities the Council 
identified as priorities for potential future funding. Activities 
approved for funding in the FPL are included in ``Category 1;'' the 
priorities for potential future funding

[[Page 14219]]

are in ``Category 2.'' In the FPL the Council approved approximately 
$156.6 million in Category 1 restoration and planning activities, and 
prioritized twelve Category 2 activities for possible funding in the 
future, subject to environmental compliance and further Council and 
public review. The Council included planning activities for Palm River 
in Category 1 and implementation activities for Palm River in Category 
2.
    The Council reserved approximately $26.6 million for implementing 
priority activities in the future. These reserved funds may be used to 
support some, all or none of the activities included in Category 2 of 
the FPL and/or to support other activities not currently under 
consideration by the Council. As appropriate, the Council intends to 
review each activity in Category 2 in order to determine whether to: 
(1) Move the activity to Category 1 and approve it for funding, (2) 
remove it from Category 2 and any further consideration, or (3) 
continue to include it in Category 2. A Council decision to amend the 
FPL to move an activity from Category 2 into Category 1 must be 
approved by a Council vote after consideration of public and Tribal 
comments.

II. Environmental Compliance

    Prior to approving an activity for funding in FPL Category 1, the 
Council must comply with NEPA and other applicable Federal 
environmental laws. At the time of approval of the FPL, the Council had 
not addressed NEPA and other laws applicable to implementation of Palm 
River. The Council did, however, recognize the potential ecological 
value of Palm River, based on a review conducted during the FPL 
process. For this reason, the Council approved $87,750 in planning 
funds for Palm River, a portion of which would be used to complete any 
needed environmental compliance activities. As noted above, the Council 
placed the implementation portion of Palm River into FPL Category 2, 
pending the outcome of this environmental compliance work and further 
Council review. The estimated cost of implementation of the Florida 
portion of Palm River is $497,250. As discussed earlier, EPA sponsored 
another component of Palm River, which was also placed in FPL Category 
2. The estimated implementation cost of the EPA component is $271,430. 
As noted above, the Council is proposing to unify both components under 
one sponsor (Florida).
    Since approval of the FPL, Florida, EPA, and Council staff have 
collaborated with the U.S. Army Corps of Engineers (USACE) to identify 
an existing EA and associated environmental compliance documentation 
that could be used to support Council approval of implementation 
funding for Palm River. This EA was prepared by USACE in association 
with a CWA Section 404 nationwide permit (NWP 27) for aquatic habitat 
restoration, establishment and enhancement activities.
    The Council has reviewed this EA and associated documents, 
including a July 31, 2014, USACE memorandum for the record documenting 
use of NWP 27 for Palm River and a February 22, 2017, U.S. Fish and 
Wildlife Service letter to the Council regarding compliance with the 
Endangered Species Act (ESA). In addition to ESA, the EA and associated 
documents address compliance with other Federal environmental laws, 
including the Magnuson-Stevens Fishery Conservation and Management Act, 
the National Historic Preservation Act, and others. Based on this 
review, the Council is proposing to adopt this EA to support the 
approval of implementation funds for Palm River, provided that the 
project is implemented in accordance with the terms and conditions of 
the CWA Section 404 permit. This EA and the associated documentation 
can be found here: https://www.restorethegulf.gov/funded-priorities-list. (See: Palm River Restoration Project Phase II, East McKay Bay--
Implementation.)

Palm River Project

    If approved for implementation funding, the Palm River project 
would entail construction of three stormwater ponds, exotic vegetation 
removal, native planting, monitoring, and perpetual maintenance of 
exotic species and the culverts/stormwater ponds along the Palm River 
at the mouth of McKay Bay. Specifically, the Palm River project would 
improve water quality and enhance upland and wetland areas on 53 acres 
of Southwest Florida Water Management District land. It would remove 
exotic vegetation, create an herbaceous wetland, and build three 
stormwater management areas to provide water quality treatment for 436 
acres of residential, commercial and industrial developed land.
    Additional information on this Project, including metrics of 
success, response to science reviews and more is available in an 
activity-specific appendix to the FPL, which can be found at https://www.restorethegulf.gov. (Please see the table on page 25 of the FPL and 
click on: Palm River Restoration Project Phase II, East McKay Bay, 
Implementation.)

Will D. Spoon,
Program Analyst, Gulf Coast Ecosystem Restoration Council.
[FR Doc. 2017-05353 Filed 3-16-17; 8:45 am]
 BILLING CODE 6560-58-P