82 FR 41262 - Proposed Amendment to Initial (2015) Funded Priorities List
GULF COAST ECOSYSTEM RESTORATION COUNCIL Federal Register Volume 82, Issue 167 (August 30, 2017)
Federal Register Volume 82, Issue 167 (August 30, 2017)
| Page Range | 41262-41263 | |
| FR Document | 2017-18334 |
[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)] [Notices] [Pages 41262-41263] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18334] ======================================================================= ----------------------------------------------------------------------- GULF COAST ECOSYSTEM RESTORATION COUNCIL [Docket No.: 108292017-1111-16] Proposed Amendment to Initial (2015) Funded Priorities List AGENCY: Gulf Coast Ecosystem Restoration Council. ACTION: Proposed amendment to Initial Funded Priorities List. ----------------------------------------------------------------------- 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 for the Robinson Preserve Wetlands Restoration project (Robinson Preserve), Florida. The Council is proposing to approve $1,319,636 in implementation funding for Robinson Preserve. The Council is also proposing to reallocate $470,910 from planning to implementation. The total amount of funding available for implementation of Robinson Preserve would be $1,790,546. These funds would be used to restore 118.2 acres of coastal habitat, along with related activities in Tampa Bay. The Department of Commerce's National Oceanic and Atmospheric Administration (NOAA) is the sponsor of the Robinson Preserve project. To comply with the National Environmental Policy Act (NEPA) and other applicable laws, the Council is proposing to adopt an existing 2015 Programmatic Environmental Impact Statement (PEIS) http://www.habitat.noaa.gov/pdf/NOAA_Restoration_Center_Final_PEIS.pdf developed by NOAA's Restoration Center and ensure compliance with the terms and conditions of a Clean Water Act (CWA) Section 404 permit that has been issued for the Robinson Preserve 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 September 29, 2017. ADDRESSES: Comments on this proposed amendment may be submitted as follows: By Email: Submit comments by email to frcomments@restorethegulf.gov. 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 frcomments@restorethegulf.gov 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 [[Page 41263]] 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 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 Robinson Preserve in Category 1 and implementation activities for Robinson Preserve 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 Robinson Preserve. The Council did, however, recognize the potential ecological value of Robinson Preserve, based on the review conducted during the FPL process. For this reason, the Council approved $470,910 in planning funds for Robinson Preserve, a portion of which would be used to complete any needed environmental compliance activities. As noted above, the Council placed the implementation portion of Robinson Preserve into FPL Category 2, pending the outcome of this environmental compliance work and further Council review. The estimated cost of implementation of Robinson Preserve was $1,319,636. To comply with NEPA for Robinson Preserve, the Council is proposing to adopt the 2015 PEIS developed by NOAA's Restoration Center. This PEIS addresses a range of restoration types including those in the Robinson Preserve implementation funding proposal. NOAA has determined that the specific implementation activities for which funding is being sought are fully covered by this PEIS, and therefore no further NEPA review would be needed. On May 22, 2017, the U.S. Army Corps of Engineers issued a Clean Water Act (CWA) Section 404 permit for the Robinson Preserve project. NOAA has confirmed that this permit addresses its Magnuson-Stevens Act recommendations pertaining to Essential Fish Habitat. The permit also contains conditions pertaining to compliance with the Endangered Species Act and the National Historic Preservation Act. In addition, the Florida State Historic Preservation Officer and U.S. Fish and Wildlife Service have reviewed the overall Robinson Preserve project. These reviews were conducted as part of their respective reviews of a smaller Robinson Preserve restoration project which is sponsored by the Environmental Protection Agency (EPA) and is being funded separately under the Council-Selected Restoration Component. The Council has reviewed the aforementioned environmental compliance documentation. Based on this review, the Council is proposing to adopt the PEIS to support the approval of implementation funds for Robinson Preserve, provided that the project is implemented in accordance with the terms and conditions of the CWA Section 404 permit. This permit and the associated documentation can be found here: https://www.restorethegulf.gov/funded-priorities-list. (See: Robinson Preserve Wetlands Restoration--Implementation.) Robinson Preserve Project If approved by the Council, the funds to implement Robinson Preserve would be used to create habitat and natural flow regimes through hydrologic connections, as well as complete exotic and invasive vegetation removal, native planting, monitoring, community outreach, restoration practitioner education, and an inventory of potential Tampa Bay watershed hydrologic restoration projects. The Initial FPL describes Robinson Preserve as a project to restore 140-acres of upland and wetland habitat (85 acres of upland habitat and 55 acres of created wetland and sub-tidal habitats). The actual acreage to be restored under this proposed FPL amendment would be 118.2 acres (57.6 acres of coastal upland habitat and 60.6 acres of wetland, open water sub-tidal, and open freshwater habitats). This acreage adjustment is the result of refinements in project design (in response to public input) and subtraction of acreage being restored through the complementary EPA restoration effort referenced above. The project design was reduced by 7 acres to balance public access interests, input from nearby residents and habitat suitability. The remainder of the acreage adjustment for this Robinson Preserve funding request is 14.8 acres, which is the amount of adjoining acreage that will be restored by the EPA. While the acreage footprint of NOAA's Robinson Preserve project has decreased, the complexity and per unit cost of the project have increased. To maintain the long-term viability of the restoration design and protect existing habitats, the scope of the hydrologic restoration expanded to include more complex connections. The expanded scope also provides added benefits outside of the restoration footprint by integrating and hydrologically interconnecting the entire 632-acre preserve. NOAA has indicated that these changes, make up more than one third of the restoration implementation budget, increasing the wetland and sub-tidal creation cost per acre for the project. The total of $1,790,546 will be needed to implement this project. Additional information on Robinson Preserve, 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: Robinson Preserve Wetlands Restoration (Implementation). Will D. Spoon, Program Analyst, Gulf Coast Ecosystem Restoration Council. [FR Doc. 2017-18334 Filed 8-29-17; 8:45 am] BILLING CODE 6560-58-P
![41262 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Notices
Board seeks public comment on the parties, including any small entities, DATES: Comments on this proposed
following questions: and so the publication of a general amendment are due September 29,
1. Would the proposed rates be useful notice of proposed rulemaking is not 2017.
to market participants, researchers, or required. Accordingly, the RFA does not ADDRESSES: Comments on this proposed
others? For what purpose(s)? apply and an initial and final regulatory amendment may be submitted as
2. Are one or more of the proposed flexibility analysis is not required. follows:
rates more likely to be useful than the By order of the Board of Governors of the By Email: Submit comments by email
other(s)? For what purpose(s)? Federal Reserve System, August 22, 2017. to frcomments@restorethegulf.gov.
3. Are there changes to one or more
Ann E. Misback, Email submission of comments ensures
of the rates that would make them more
Secretary of the Board. timely receipt and enables the Council
useful? For what purpose(s)?
[FR Doc. 2017–18402 Filed 8–29–17; 8:45 am] to make them available to the public. In
4. Are there particular sources of data
general, the Council will make such
or data sets that should be incorporated BILLING CODE 6210–01–P
comments available for public
in the calculation of the rates that would
inspection and copying on its Web site,
make the rates more useful to the
www.restorethegulf.gov, without change,
public?
5. Are there changes that should be GULF COAST ECOSYSTEM including any business or personal
made to the proposed manner of RESTORATION COUNCIL information provided, such as names,
calculating and publishing the three addresses, email addresses and
rates? telephone numbers. All comments
[Docket No.: 108292017–1111–16]
6. Is the proposed time of publication received, including attachments and
early enough to facilitate the use of the Proposed Amendment to Initial (2015) other supporting materials, will be part
rates for various purposes? Funded Priorities List of the public record and subject to
7. Is the use of the volume-weighted public disclosure. You should only
median appropriate? Is there a different AGENCY: Gulf Coast Ecosystem submit information that you wish to
measure of the central tendency of the Restoration Council. make publicly available.
distribution of individual transacted ACTION: Proposed amendment to Initial By Mail: Send comments to Gulf Coast
rates that would be better suited? For Funded Priorities List. Ecosystem Restoration Council, 500
what purpose(s)? Poydras Street, Suite 1117, New
8. Are the proposed summary SUMMARY: The Gulf Coast Ecosystem Orleans, LA 70130.
statistics useful to the market? For what Restoration Council (Council) seeks FOR FURTHER INFORMATION CONTACT:
purposes? Would other summary public and Tribal comment on a Please send questions by email to
statistics be more useful to accompany proposal to amend its Initial Funded frcomments@restorethegulf.gov or
the daily publication, instead of or in Priorities List (FPL) to approve contact John Ettinger at (504) 444–3522.
addition to those proposed? implementation funding for the SUPPLEMENTARY INFORMATION:
Robinson Preserve Wetlands Restoration
Administrative Law project (Robinson Preserve), Florida. I. Background
In accordance with the Paperwork The Council is proposing to approve The Deepwater Horizon oil spill led to
Reduction Act of 1995 (44 U.S.C. 3506; $1,319,636 in implementation funding passage of the Resources and
5 CFR part 1320, Appendix A.1), the for Robinson Preserve. The Council is Ecosystems Sustainability, Tourist
Board reviewed the proposal under the also proposing to reallocate $470,910 Opportunities, and Revived Economies
authority delegated to the Board by the from planning to implementation. The of the Gulf Coast States Act of 2012
Office of Management and Budget. For total amount of funding available for (RESTORE Act) (33 U.S.C. 1321(t) and
purposes of calculating burden under implementation of Robinson Preserve note), which dedicates 80 percent of all
the Paperwork Reduction Act, a would be $1,790,546. These funds Clean Water Act administrative and
‘‘collection of information’’ involves 10 would be used to restore 118.2 acres of civil penalties related to the oil spill to
or more respondents. As noted above, coastal habitat, along with related the Gulf Coast Restoration Trust Fund
the data to be used to produce the activities in Tampa Bay. The (Trust Fund). The RESTORE Act also
proposed rates will be obtained solely Department of Commerce’s National created the Council, an independent
from (1) BNYM with respect to tri-party Oceanic and Atmospheric Federal entity comprised of the five Gulf
GC repo data and (2) DTCC Solutions Administration (NOAA) is the sponsor Coast states and six Federal agencies.
with respect to GCF repo data and DVP of the Robinson Preserve project. Among other responsibilities, the
bilateral repo data. Therefore, no To comply with the National Council administers a portion of the
collection of information pursuant to Environmental Policy Act (NEPA) and Trust Fund known as the Council-
the Paperwork Reduction Act is other applicable laws, the Council is Selected Restoration Component in
contemplated by the proposed rate proposing to adopt an existing 2015 order to ‘‘undertake projects and
production at this time. Programmatic Environmental Impact programs, using the best available
The Regulatory Flexibility Act (5 Statement (PEIS) http://www. science, that would restore and protect
U.S.C. 601 et seq.) (‘‘RFA’’) generally habitat.noaa.gov/pdf/NOAA_ the natural resources, ecosystems,
requires an agency to perform an initial Restoration_Center_Final_PEIS.pdf fisheries, marine and wildlife habitats,
and a final regulatory flexibility analysis developed by NOAA’s Restoration beaches, coastal wetlands, and economy
on the impact a rule is expected to have Center and ensure compliance with the of the Gulf Coast.’’ Additional
mstockstill on DSK30JT082PROD with NOTICES
on small entities. The RFA imposes terms and conditions of a Clean Water information on the Council can be
these requirements in situations where Act (CWA) Section 404 permit that has found here: https://
an agency is required by law to publish been issued for the Robinson Preserve www.restorethegulf.gov.
a general notice of proposed rulemaking project. In so doing, the Council would On December 9, 2015, the Council
for any proposed rule. The production expedite project implementation, reduce approved the FPL, which includes
of the rates does not create any planning costs and potentially increase projects and programs approved for
obligations or rights for any private the ecological benefits of this project. funding under the Council-Selected
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![Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Notices 41263
Restoration Component, along with addresses a range of restoration types habitat and 60.6 acres of wetland, open
other activities the Council identified as including those in the Robinson water sub-tidal, and open freshwater
priorities for potential future funding. Preserve implementation funding habitats). This acreage adjustment is the
Activities approved for funding in the proposal. NOAA has determined that result of refinements in project design
FPL are included in ‘‘Category 1;’’ the the specific implementation activities (in response to public input) and
priorities for potential future funding for which funding is being sought are subtraction of acreage being restored
are in ‘‘Category 2.’’ In the FPL the fully covered by this PEIS, and therefore through the complementary EPA
Council approved approximately $156.6 no further NEPA review would be restoration effort referenced above. The
million in Category 1 restoration and needed. project design was reduced by 7 acres to
planning activities, and prioritized On May 22, 2017, the U.S. Army balance public access interests, input
twelve Category 2 activities for possible Corps of Engineers issued a Clean Water from nearby residents and habitat
funding in the future, subject to Act (CWA) Section 404 permit for the suitability. The remainder of the acreage
environmental compliance and further Robinson Preserve project. NOAA has adjustment for this Robinson Preserve
Council and public review. The Council confirmed that this permit addresses its funding request is 14.8 acres, which is
included planning activities for Magnuson-Stevens Act the amount of adjoining acreage that
Robinson Preserve in Category 1 and recommendations pertaining to will be restored by the EPA.
implementation activities for Robinson Essential Fish Habitat. The permit also While the acreage footprint of
Preserve in Category 2. contains conditions pertaining to NOAA’s Robinson Preserve project has
The Council reserved approximately compliance with the Endangered decreased, the complexity and per unit
$26.6 million for implementing priority Species Act and the National Historic cost of the project have increased. To
activities in the future. These reserved Preservation Act. In addition, the maintain the long-term viability of the
funds may be used to support some, all Florida State Historic Preservation restoration design and protect existing
or none of the activities included in Officer and U.S. Fish and Wildlife habitats, the scope of the hydrologic
Category 2 of the FPL and/or to support Service have reviewed the overall restoration expanded to include more
other activities not currently under Robinson Preserve project. These complex connections. The expanded
consideration by the Council. As reviews were conducted as part of their scope also provides added benefits
appropriate, the Council intends to respective reviews of a smaller outside of the restoration footprint by
review each activity in Category 2 in Robinson Preserve restoration project integrating and hydrologically
order to determine whether to: (1) Move which is sponsored by the interconnecting the entire 632-acre
the activity to Category 1 and approve Environmental Protection Agency (EPA) preserve. NOAA has indicated that
it for funding, (2) remove it from and is being funded separately under these changes, make up more than one
Category 2 and any further the Council-Selected Restoration third of the restoration implementation
consideration, or (3) continue to include Component. budget, increasing the wetland and sub-
it in Category 2. A Council decision to The Council has reviewed the tidal creation cost per acre for the
amend the FPL to move an activity from aforementioned environmental project. The total of $1,790,546 will be
Category 2 into Category 1 must be compliance documentation. Based on needed to implement this project.
approved by a Council vote after this review, the Council is proposing to Additional information on Robinson
consideration of public and Tribal adopt the PEIS to support the approval Preserve, including metrics of success,
comments. of implementation funds for Robinson response to science reviews and more is
Preserve, provided that the project is available in an activity-specific
II. Environmental Compliance implemented in accordance with the
Prior to approving an activity for appendix to the FPL, which can be
terms and conditions of the CWA found at https://www.restorethegulf.gov.
funding in FPL Category 1, the Council Section 404 permit. This permit and the
must comply with NEPA and other Please see the table on page 25 of the
associated documentation can be found FPL and click on: Robinson Preserve
applicable Federal environmental laws. here: https://www.restorethegulf.gov/
At the time of approval of the FPL, the Wetlands Restoration (Implementation).
funded-priorities-list. (See: Robinson
Council had not addressed NEPA and Preserve Wetlands Restoration— Will D. Spoon,
other laws applicable to implementation Implementation.) Program Analyst, Gulf Coast Ecosystem
of Robinson Preserve. The Council did, Restoration Council.
however, recognize the potential Robinson Preserve Project
[FR Doc. 2017–18334 Filed 8–29–17; 8:45 am]
ecological value of Robinson Preserve, If approved by the Council, the funds BILLING CODE 6560–58–P
based on the review conducted during to implement Robinson Preserve would
the FPL process. For this reason, the be used to create habitat and natural
Council approved $470,910 in planning flow regimes through hydrologic DEPARTMENT OF HEALTH AND
funds for Robinson Preserve, a portion connections, as well as complete exotic HUMAN SERVICES
of which would be used to complete any and invasive vegetation removal, native
needed environmental compliance planting, monitoring, community Agency for Toxic Substances and
activities. As noted above, the Council outreach, restoration practitioner Disease Registry
placed the implementation portion of education, and an inventory of potential
Robinson Preserve into FPL Category 2, Tampa Bay watershed hydrologic [60Day–17–0051; Docket No. ATSDR–2017–
0004]
pending the outcome of this restoration projects.
environmental compliance work and The Initial FPL describes Robinson
mstockstill on DSK30JT082PROD with NOTICES
Proposed Data Collection Submitted
further Council review. The estimated Preserve as a project to restore 140-acres for Public Comment and
cost of implementation of Robinson of upland and wetland habitat (85 acres Recommendations
Preserve was $1,319,636. of upland habitat and 55 acres of created
To comply with NEPA for Robinson wetland and sub-tidal habitats). The AGENCY: Agency for Toxic Substances
Preserve, the Council is proposing to actual acreage to be restored under this and Disease Registry (ATSDR),
adopt the 2015 PEIS developed by proposed FPL amendment would be Department of Health and Human
NOAA’s Restoration Center. This PEIS 118.2 acres (57.6 acres of coastal upland Services (HHS).
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Document Created: 2017-08-30 04:08:21
Document Modified: 2017-08-30 04:08:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Proposed amendment to Initial Funded Priorities List. | |
| Dates | Comments on this proposed amendment are due September 29, 2017. | |
| Contact | Please send questions by email to [email protected] or contact John Ettinger at (504) 444- 3522. | |
| FR Citation | 82 FR 41262 |
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