[Federal Register Volume 67, Number 232 (Tuesday, December 3, 2002)]
[Notices]
[Pages 71942-71949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30570]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Final Estuary Habitat Restoration Strategy Prepared by the 
Estuary Habitat Restoration Council

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.

ACTION: Notice.

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SUMMARY: The Corps of Engineers on behalf of the interagency Estuary 
Habitat Restoration Council is publishing the final ``Estuary Habitat 
Restoration Strategy.'' The comments received on the draft published on 
May 3, 2002,

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were reviewed and changes have been made to clarify the intent of the 
Council and correct errors.

FOR FURTHER ASSISTANCE CONTACT: Ms. Ellen Cummings, Headquarters, U.S. 
Army Corps of Engineers, Washington, DC 20314-1000, (202) 761-4558; or 
Ms. Cynthia Garman-Squier, Office of the Assistant Secretary of the 
Army (Civil Works), Washington, DC, (703) 695-6791.

SUPPLEMENTARY INFORMATION: The Estuary Restoration Act of 2000, title I 
of Pub. L. 106-457 has four purposes: (1) Promotion of estuary habitat 
restoration; (2) Development of a national strategy for creating and 
maintaining effective estuary habitat restoration partnerships; (3) 
Provision of Federal assistance for estuary habitat restoration 
projects; and (4) Development and enhancement of monitoring and 
research capabilities to ensure that estuary habitat restoration 
efforts are based on sound scientific understanding and innovative 
technologies. The Estuary Habitat Restoration Council, consisting of 
representatives from Department of the Army, National Oceanic and 
Atmospheric Administration, the Environmental Protection Agency, United 
States Fish and Wildlife Service, and the Department of Agriculture, 
was established to oversee implementation of the Act.
    The Council is charged with developing an estuary habitat 
restoration strategy designed to ensure a comprehensive approach to 
maximize benefits and foster coordination of Federal and non-Federal 
activities. The goal of the strategy is restoration of 1,000,000 acres 
of estuary habitat by the year 2010. Elements of the strategy are 
discussed in section 106(d) of the Act. The intent of this notice is to 
publish the strategy prepared by the Estuary Habitat Restoration 
Council in accordance with these requirements.
    The Council received comments on the draft strategy published in 
May from 26 parties including five Federal and six State agencies, 11 
non-governmental groups, one corporation, two intergovernmental bodies 
and one individual. Responses to the questions published with the draft 
Strategy were thought provoking and varied. There was no strong 
consensus among the commenters in support of major changes to the draft 
strategy. However, a new section was added to recognize the importance 
of innovative technology and the role of the National Estuarine 
Research Reserve System. Commenters were divided regarding the merits 
of local vs. national awards and the definition of small vs. large 
projects. There were several requests for the inclusion of additional 
examples to those in the draft. In some instances additional examples 
have been added but the Council did not intend for the strategy to be 
an inclusive list of all possibly relevant activities or documents. 
Many commenters suggested clarifying language that has generally been 
incorporated or resulted in related modifications of the text. A number 
of commenters took issue with aspects of the strategy, including 
definitions and requirements such as including the Great Lakes, that 
are dictated by the Act and therefore cannot be changed. Several 
commenters desired more information about the process that will be used 
to implement the program for estuary habitat restoration. The Council 
still believes that this level of programmatic detail is inappropriate 
for inclusion in the strategy. This material will be released in the 
future using various means. Some of the changes by section are 
highlighted below.
    a. Introduction. The term ``unimpaired connection'' in the 
definition of ``estuary'' has been clarified to indicate that this is 
in reference to ``natural'' convergence patterns between fresh and 
salt-water sources. In response to comments from practitioners in the 
Great Lakes area, the areas to be considered as ``estuary'' under this 
Act are described as ``riparian and nearshore areas adjacent to the 
drowned mouths of streams.'' A sentence has been added to clarify that 
the strategy supports restoration of degraded estuary habitat or 
creation of estuary habitat, including activities in estuaries and 
associated ecosystems.
    b. Trends of Estuary Habitats. The Council acknowledges that when 
using trends data it is important to understand the rationale 
underlying the data presented, as it may not be accurate to make local 
assumptions based on data acquired for a national study. The discussion 
of the use of trends data in proposals has been modified to clarify 
that existing information should be used. While there was support for 
using a classification system based on Cowardin et al., the Council 
acknowledges that there may be times when regional clarifying 
refinements should be recognized.
    c. Estuary Management or Habitat Restoration Plans. Language has 
been added to clarify that the Federal plans listed in the Act are not 
the only Federal plans that will be considered as meeting the Act's 
definition of ``estuary habitat restoration plan.'' A reference to 
protection of estuary habitat was deleted to reduce confusion regarding 
the scope of activities considered under the Act.
    d. Ecosystem Level Approach. In response to comments, a definition 
for ``self-sustaining'' has been added. The importance of addressing 
causes of degradation is noted and the potential synergy of locating 
restoration projects adjacent to protected areas is acknowledged.
    e. Partnerships. An acknowledgement of the variety of possible 
partnership models has been added. In response to comments requesting 
that lists of funding sources be included in the strategy, a citation 
has been added for one example of existing lists.
    f. Habitat Restoration Program. Most of the changes were designed 
to improve clarity in the discussion of the project selection criteria 
included in the Act and the scope of the cost covered in the definition 
of a ``small'' project. Recognition of the possible synergy of 
combining estuarine habitat restoration activities with otherwise 
``excluded activities'' has been included.
    g. Innovative Technology. This section was added to acknowledge the 
role of the National Estuarine Research Reserve System.
    h. Ensuring Success. The need to consult with existing broad-scale 
monitoring programs when developing a long-term monitoring program to 
detect large-scale changes has been added.

Estuary Habitat Restoration Strategy

Introduction

    This Estuary Habitat Restoration Strategy (Strategy) has been 
developed in accordance with the requirements of the Estuary 
Restoration Act of 2000, title I of Pub. L. 106-457 (the Act). The 
purpose of the Strategy is to ensure a comprehensive approach to 
maximize benefits derived from estuarine habitat restoration projects, 
provide incentives for the creation of new partnerships between the 
public and private sectors, and foster coordination of Federal and non-
Federal activities related to restoration of estuarine habitat. The Act 
also provides Federal assistance, promotes efficient financing of 
technically sound and cost-effective estuarine habitat restoration 
projects, and encourages the use of innovative technologies.
    Congress enacted the Estuary Restoration Act to establish a 
collaborative process for addressing the pressures facing our Nation's 
estuaries. As part of the Act, an inter-agency Estuary Habitat 
Restoration Council (Council) was established to develop and submit the 
Strategy to Congress, solicit, review, and evaluate project

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proposals, and recommend projects to the Secretary of the Army. Much of 
the Council's work will involve soliciting and funding on-the-ground 
habitat restoration projects. The Strategy, however, is broader than 
site-specific restoration. It encourages coordinating, integrating, and 
capitalizing upon the broad spectrum of ongoing estuary restoration 
efforts throughout the country. Its goal is to bring together the 
collective expertise, technical, and financial resources of the Federal 
community, the practical experience of tribal, State, local and 
nongovernmental groups, and the vision of the corporate world to 
restore the integrity of our Nation's estuarine systems. The Federal 
investment will be used to leverage the financial and technical 
contribution of non-Federal partners, providing sound ecological and 
economic returns.
    The Strategy calls for restoration activities that improve degraded 
estuaries or estuarine habitat, or those that create estuarine habitat, 
with the goal of attaining a self-sustaining system integrated into the 
surrounding landscape. Restoration projects must improve or establish 
function to degraded or destroyed habitats and be located to recapture 
regional ecological integrity. Successful restoration of estuarine 
habitat will protect native flora and fauna in estuaries and their 
watersheds, while providing multiple additional benefits such as 
improved surface and ground water quality and quantity, nutrient 
cycling, flood control, outdoor recreation, and other services, valued 
by local stakeholders and consistent with the establishment and 
maintenance of healthy ecosystems.
    The goal of the Strategy is to restore one million-acres of 
estuarine habitat by 2010. The Council will organize and support a task 
force to recommend methods for tracking progress toward the million-
acre goal, including defining a baseline timeframe for comparison. The 
task force will consider regional and local perspectives on quantifying 
project successes. Subsequently, the Council will produce periodic 
reports on progress toward meeting the Strategy's million-acre goal, as 
well as other habitat trends.
    The Act defines estuary as ``a part of a river or stream or other 
body of water that has an unimpaired connection with the open sea and 
where the sea water is measurably diluted with fresh water from land 
drainage.'' Estuary also includes the ``* * * near coastal waters and 
wetlands of the Great Lakes that are similar in form and function to 
estuaries.'' For the purposes of this Strategy, estuaries are 
considered to extend from the head of tide to the boundary with the 
open sea (to downstream terminus features or structures such as barrier 
islands, reefs, sand bars, mud flats, or headlands in close proximity 
to the connection with the open sea). In the Great Lakes, riparian and 
nearshore areas adjacent to the drowned mouth of a stream entering one 
of the Lakes will be considered estuaries. Additionally, an unimpaired 
connection refers to ``natural'' convergence patterns between fresh and 
salt-water sources, disregarding the influence of man-made structures 
and obstructions. Estuary habitat includes the estuary and its 
associated ecosystems, such as: salt, brackish, and fresh water coastal 
marshes, coastal forested wetlands and other coastal wetlands, maritime 
forests, coastal grasslands, tidal flats, natural shoreline areas, 
shellfish beds, sea grass meadows, kelp beds, river deltas, and river 
and stream corridors under tidal influence. The Strategy supports 
restoration work targeted at improving degraded estuarine habitat or 
creating estuarine habitat, including activities occurring both within 
estuaries and in their associated ecosystems.
    Some restoration projects can easily measure success in terms of 
acreage (for example, projects that plant vegetation), but many cannot 
(for example, projects that alter hydrology). By manipulating a 
relatively small area, the function of a much larger habitat area can 
be improved. For the purposes of this Strategy, therefore, the restored 
area will be defined as that area over which appropriate monitoring can 
document the establishment or improvement of desirable ecosystem 
characteristics.
    The Estuary Habitat Restoration Council developed this Strategy 
building on work done by Council member agencies, environmental 
professionals, and private conservation organizations, including 
Restore America's Estuaries. In consultation with restoration 
professionals, scientists, academics, and nonprofit organizations, 
Restore America's Estuaries has developed A National Strategy to 
Restore Coastal and Estuarine Habitat. The document provides a 
framework for restoring function to estuary and coastal habitats, which 
can aid in focusing restoration efforts to reach this Strategy's 
million-acre goal.
    This Strategy is dynamic. It will evolve over time according to 
information collected through monitoring and research programs and 
feedback from restoration practitioners, scientists, and public 
agencies and private organizations. Reaching the one-million-acre goal 
will require further close coordination among the Federal partners and 
tribal, State, local and private partners as habitat priorities, 
project efficiencies, and funding sources are identified.

Trends of Estuarine Habitats

    Section 106(d) of the Estuary Restoration Act of 2000 requires that 
the National Strategy include guidance on addressing trends of 
estuarine habitats, including historic losses, estimated current rate 
of loss, the extent of the threat of future loss or degradation, and a 
measurement of the rate of change. For purposes of this Strategy, 
estuarine habitats will include the complex of physical and hydrologic 
features and living organisms within estuaries and their associated 
ecosystems, including salt and fresh water coastal marshes, coastal 
forested wetlands and other coastal wetlands, maritime forests, coastal 
grasslands, tidal flats, natural shoreline areas, shellfish beds, sea 
grass meadows, kelp bed, river deltas, and river and stream corridors 
under tidal influence.
    Understanding trends as well as the structure, function and extent 
of various estuarine habitats is key to an effective and efficient 
restoration program. Trends data provide a chronological and geographic 
picture of change in habitat types, thereby helping managers to 
recognize ecological stability or stress. These help to identify 
existing or potential habitat threats so that early action can be taken 
to avoid or rectify them. This information can be used to establish a 
baseline from which to quantify restoration success. By identifying 
both healthy and impaired ecosystems, trends information can help 
managers to target habitat restoration efforts in a cost-effective 
manner. For these reasons this Strategy encourages the development and 
use of trends data in designing restoration programs for estuarine 
habitats. The Strategy recognizes that when using this data, it is 
important to understand the conventions and mapping standards that 
underlie data collection so that they can be appropriately applied. For 
instance, it may not be accurate to make local assumptions based on 
data that was meant for a national study.
    The Council will use a classification system based on Cowardin et 
al. (1979). The Cowardin classification system is the national standard 
for wetland mapping, monitoring and data reporting as determined by the 
Federal Geographic Data Committee (http://www.fgdc.gov/). Examples of 
the relevant classes are: Estuarine subtidal, including open water, bay 
bottoms, and reefs; estuarine intertidal emergents,

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such as salt marsh; estuarine intertidal forested/shrub, such as 
mangroves; estuarine intertidal unconsolidated shore, such as beaches, 
bars and mudflats; and estuarine aquatic bed, such as submerged or 
floating estuarine vegetation. Freshwater habitat categories to be 
included because they are estuarine-associated ecosystems or are found 
in the Great Lakes include: palustrine forested wetlands, such as 
forested swamps or riparian zones; palustrine shrub wetlands; and 
palustrine emergents, including inland marshes and wet meadows. As 
appropriate and supported by the scientific and resource management 
communities, the Council will recognize and use regional refinements in 
classification of habitat types that augment the Cowardin system.
    Within two years after publication of this Strategy, the Council 
will review information available for estuarine habitats concerning 
historic losses, current rates of loss, the extent of the threat of 
future loss or degradation, and measures of the rate of change, and 
identify gaps in trends information that can be addressed by the 
Council members and/or its partners. Data collected will be used to 
help identify regional and national restoration priorities.
    Organizations and agencies preparing or updating estuary management 
or restoration plans should incorporate available information on 
estuary trends in their documents and consider this data when 
establishing project priorities. In addition, project proposals 
submitted to the Council for potential funding should address existing 
information about the trends for estuarine habitat types in the project 
area and explain how this information was considered when developing 
the project proposal. Among the sources of information to consult are 
historic maps and navigation charts, tribal, State and local agencies, 
available aerial photography and other remote sensing data, Federal 
agencies such as the members of the Estuary Habitat Restoration Council 
and the United States Geological Survey, reports on Federal projects in 
estuaries, and universities conducting research in local estuaries.
    It is also important to collect information relating to the causes 
of change in estuarine habitat types, distribution, quality and 
quantity. This will help in defining the types of projects that may be 
needed, setting realistic goals, and influencing the design. For 
example, if the primary limiting factor is water quality and the source 
of the problem is upstream, success of any estuary restoration project 
might be limited until the upstream problem is resolved. The Council 
will give priority to projects that clearly address historic losses in 
areas where steps are being taken to address the causes of degradation 
and where there is a reasonable likelihood of success in the 
foreseeable future.

Estuary Management or Habitat Restoration Plans

    This Strategy will be implemented in a manner consistent with 
estuary management or habitat restoration plans. An estuary habitat 
restoration plan is defined in the Act as ``* * * any Federal or State 
plan for restoration of degraded estuary habitat that was developed 
with the substantial participation of appropriate public and private 
stakeholders.'' These plans include (but are not limited to) the 
estuarine habitat restoration components of comprehensive conservation 
and management plans approved under section 320 of the Federal Water 
Pollution Control Act, lakewide management plans or remedial action 
plans developed under section 118 of the Federal Water Pollution 
Control Act, management plans approved under the Coastal Zone 
Management Act of 1972, and the interstate management plan developed 
pursuant to the Chesapeake Bay program under section 117 of the Federal 
Water Pollution Control Act.
    Effective estuary habitat restoration plans typically contain 
common elements such as focusing on the watershed as the basic 
management unit, integrating good science with sound decision-making, 
and emphasizing collaborative problem solving. Also essential is public 
and private stakeholder participation. This is crucial to the final 
success of any plan, because those individuals and private interests 
affected by measures to maintain and restore the estuary are ultimately 
responsible for implementing the plan. Providing them the opportunity 
to design and contribute during early planning stages promotes ``buy-
in'' when the time comes to undertake restoration actions and 
activities.
    Another component of successful restoration plans is clearly 
identifying a central goal or set of goals and describing means for 
measuring progress toward achieving these goals. Performance measures 
may be as simple as the number of acres of habitat directly restored. 
Many federally approved estuary management and restoration plans track 
major milestones or other implementation activities to ensure progress 
is occurring, or if it is not, to identify what necessary steps to take 
to move forward.
    Successful plans also include trend assessment, which is critical 
to watershed characterization, such as loss of historic estuarine 
habitat, land use, development, recreation, and fisheries pressures. 
This information is necessary to identify problems facing a given 
watershed and to select those actions necessary to return it to the 
desired state. Status and trend information can help to assess the 
condition of the highest priority resources and can forecast future 
conditions should current trends continue. It can also highlight data 
gaps.
    Finally, plans should identify management and restoration 
priorities. Identifying regional or estuary-level restoration 
priorities will help projects address the most critical habitat needs. 
The Council will give priority to those projects that have the best 
potential to restore habitat functions successfully. Improved planning 
will also allow benefits to be accrued over a larger scale, enhancing 
the overall effectiveness of restoration efforts.
    In accordance with the Act, every project considered for funding 
under this authority must address restoration needs identified in an 
estuary habitat restoration plan. Additionally, one of the factors for 
the Secretary of the Army (Secretary) to consider when selecting a 
project to fund is whether the project is part of an approved Federal 
estuary management or habitat restoration plan. This selection 
criterion will help ensure that the Strategy is implemented in a manner 
consistent with such plans.
    Agency staff supporting the Council participated in and reviewed 
the results of a recent effort supported by the National Oceanic and 
Atmospheric Administration and led by Restore America's Estuaries, a 
nongovernmental organization, to review existing estuary restoration 
plans. Plans reviewed included those developed for Federal programs, 
such as the National Estuary Program (Comprehensive Conservation and 
Management Plans), State Coastal Zone Management Plans, and other 
Tribal and State plans; and watershed or estuary plans, such as the 
Puget Sound Water Quality Management Plan and The Nature Conservancy's 
Ecoregional Plans. Review of these plans revealed that the level and 
sophistication of planning for estuarine and coastal habitat 
restoration varies significantly among the regions and watersheds of 
the United States. In some coastal areas, only broad, coastal 
management planning has been completed, while in other areas 
sophisticated planning

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efforts with strong community and stakeholder participation have 
determined specific habitat restoration goals and priorities.
    By working with tribal, State and local agencies and 
nongovernmental organizations, the Council will help to identify gaps 
in planning, and encourage sharing of information and other 
collaborative efforts to improve restoration plans. The Council will 
also seek to promote coordination of planning activities associated 
with other tribal, State and Federal programs. For example, the Council 
will encourage regional planning workshops, bringing together resource 
managers, scientists, and other stakeholders to establish restoration 
goals and priorities. The Council could also identify and recommend the 
use of successful planning frameworks such as those developed by the 
National Estuary Program and other examples.

Ecosystem Level Approach

    This Strategy recognizes that successful estuary restoration 
projects with multiple goals will improve ecosystem function. 
Restoration projects should be designed using an ecosystem or watershed 
approach to establish a self-sustaining area that provides the 
structure and function necessary to support the many interrelated 
physical, biological, and chemical components of healthy estuarine 
habitats. The definition of ``self-sustaining'' will vary according to 
specific site conditions, the landscape context, and project goals, but 
will generally include those habitats that require little or no high 
cost maintenance following the period of initial establishment and 
adaptive management. The prospects for self-sustainability can be 
enhanced by ensuring that the original causes of habitat degradation 
have been addressed, both within and surrounding the restoration site.
    While protection is not explicitly included within the scope of the 
Estuary Restoration Act, restoration activities should be planned and 
performed with awareness of the surrounding land use/land cover. Siting 
a restoration project close to protected areas can increase the habitat 
effectiveness of both the restoration area and nearby protected areas, 
by extending wildlife corridors, decreasing edge effects, and 
ultimately forming a more intact ecosystem.
    An ecosystem or watershed approach will facilitate the development 
of projects with multiple benefits. Examining how actions fit into the 
surrounding area and considering economic, recreational, water quality, 
land use, and other parameters, are necessary to achieve restoration 
goals. Estuarine habitats are a web of interrelated components, each 
supporting and depending on the other for healthy function.
    Estuary restoration projects that include physical and functional 
restoration should also include objectives to provide healthy 
ecosystems to support wildlife, including endangered and threatened 
species, migratory birds, and resident species of an estuary watershed, 
as well as fish and shellfish, including commercial and recreational 
fisheries.
    Restoration of healthy ecosystem function can provide improved 
water quality and flood control benefits. For example, healthy and 
intact tidal wetlands filter water flowing from rivers and tributaries 
to the ocean, remove pollutants from runoff and trap and assimilate 
nutrients. Estuarine wetlands also have the capacity to store 
floodwater and can provide a critical physical buffer between land and 
water, protecting communities from flooding and storm surge.
    Healthy estuaries also provide multiple opportunities for outdoor 
recreation, such as recreational fishing, boating, birding, and a 
variety of water sports. The recreation industry dependent on healthy 
estuaries provides significant income to coastal regions. Restoration 
projects completed under this Strategy may incorporate recreational 
features that are compatible with the primary goal of restoring healthy 
habitat function.
    In its review of project proposals, the Council will support 
projects developed in an ecosystem context with multiple benefits and 
those that utilize natural processes to restore and maintain estuary 
habitat. The Council will work with others to share examples of 
particularly effective projects that exemplify the ecosystem approach.

Partnerships

    To achieve the goal of restoring one million-acres of estuarine 
habitat, it will be important to involve individuals and organizations 
from both the public and private sectors. Enhancing partnerships among 
agencies and establishing new public-private partnerships is a central 
theme of the Act and a critical part of this Strategy.
    In order to meet the goals of the Act, the Council will improve 
coordination among existing restoration programs by reviewing and 
discussing programs administered by agencies represented on the 
Council, and developing shared goals and objectives for habitat 
restoration. Although agencies may differ in their implementation 
strategies, developing common goals will facilitate coordination. The 
Council will also coordinate with tribal and State habitat restoration 
programs to improve the effectiveness of restoration efforts.
    In order to maximize public-private partnerships, the Council 
encourages collaboration among public agencies, private organizations, 
companies, and individuals (e.g., private landowners, hunters, birders, 
fishermen, etc.) in restoration efforts. This connectivity encourages 
private organizations, companies, landowners and others to bring their 
resources (financial or in-kind) to the table to assist in planning and 
implementing successful restoration projects. There are several 
existing programs that provide models for successful partnerships, 
including the Coastal America Corporate Wetlands Restoration 
Partnership, a voluntary public-private partnership in which 
corporations join with Federal, tribal and State agencies to restore 
wetlands and other aquatic habitats. The Joint Venture Partnerships 
developed to implement the North American Waterfowl Management Plan 
provide another model of regionally based partnerships (public/private/
tribal) that plan and implement habitat projects within a regional and 
international context using diverse funding sources, notably the North 
American Wetlands Conservation Act grants program. The Strategy 
recognizes that partnership models will vary throughout the country and 
need to be broad enough to allow for regional differences and local 
preferences.
    Private support can range from providing materials or funding to 
the use of volunteers for hands-on restoration or monitoring. One way 
to encourage resourceful, active partnerships, and especially to 
acknowledge the efforts of volunteers, is to establish annual awards 
recognizing successful restoration efforts. These awards may be given 
to a wide variety of groups, including nongovernmental organizations, 
individuals, businesses, and local, State, tribal, and Federal agencies 
to reward efforts at all levels.
    Private partnerships may also be critical for those projects 
involving demonstration or pilot testing of an innovative technology. 
The estuarine habitat restoration program established in the Act 
requires a non-Federal sponsor to provide a minimum of 35 percent of 
the costs of a restoration project. However, when innovative technology 
is involved, the percentage required to be contributed by the non-
Federal sponsor shall be reduced to 15 percent for the incremental cost 
of using the new technology. The Council will

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consider technology ``innovative'' if it involves a new process, 
technique, or material or uses existing processes, techniques, or 
materials in a new application. The non-Federal sponsors must provide 
all of the lands, easements, rights-of-way and relocations. The non-
Federal sponsor is also responsible for all costs associated with 
operation, maintenance, replacement, repair and rehabilitation of the 
project, including monitoring. This presents many opportunities for the 
involvement of a broad array of individuals and organizations to 
participate in the restoration effort.
    To expand the base of support for restoration, the Council will 
encourage member agencies and private partners to maintain and expand 
existing web sites that provide information on both public and private 
sources of funding for estuary projects. Web sites should include links 
to other web sites that emphasize accomplishments of completed 
restoration projects. Effective implementation of any restoration plan 
requires a well-developed funding strategy that identifies 
governmental, nonprofit, and private resources to provide support both 
in the near and long term. The Council will work with other Federal, 
tribal, State and local agencies, nongovernmental organizations and 
private parties to identify and publicize funding sources, and will 
also identify examples of effective partnerships that have implemented 
estuary restoration projects. Examples include: The U.S. Environmental 
Protection Agency's Environmental Finance Program, the National Oceanic 
and Atmospheric Administration's Community-based Restoration Program, 
the U.S. Fish and Wildlife Service's Coastal Program, the U.S. 
Department of Agriculture's Wetland Reserve Program, Restore America's 
Estuaries' inventory of federal funding sources, the National Fish and 
Wildlife Foundation and the Coastal America Corporate Wetlands 
Restoration Partnership.

Habitat Restoration Program

    The Act establishes ``an estuary habitat restoration program under 
which the Secretary may carry out estuary habitat restoration projects 
and provide technical assistance in accordance with the requirements of 
this title.'' This is one means for achieving the one-million-acre goal 
of the Strategy. The statute includes requirements for non-Federal 
origination of projects, selection criteria, cost-sharing, operation 
and maintenance, authority for nongovernmental agencies to be sponsors, 
a requirement for a written agreement between the non-Federal partner 
and the Secretary, and potential delegation of project implementation.
    The Act defines the term estuary habitat restoration activity to 
mean ``an activity that results in improving degraded estuaries or 
estuary habitat or creating estuary habitat (including both physical 
and functional restoration), with the goal of attaining a self-
sustaining system integrated into the surrounding landscape.'' Projects 
funded under this program will be consistent with this definition. 
Eligible habitat restoration activities include establishment or 
improvement of chemical, physical, hydrologic, and biological features 
and components associated with an estuary. Projects that may be 
considered include, but are not limited to, improvement of estuarine 
wetland tidal exchange or reestablishment of historic hydrology, 
providing fish passage, establishment of riparian buffer zones, 
construction of reefs to promote fish and shellfish production, 
reintroduction of native species or populations, and control of 
invasive species. Cleanup of pollution for the benefit of estuarine 
habitat may be considered, as long as it does not meet the definition 
of excluded activities in the Act. Excluded activities are those 
required for mitigation of adverse effects of a regulated activity or 
that constitutes restoration for natural resource damages. However, 
synergy may be achieved by combining estuarine habitat restoration 
activities with otherwise ``excluded activities'' as long as the 
activities can be clearly separated for cost-sharing and other 
purposes.
    Section 104(c) of the Act contains four required elements and seven 
selection factors to be considered by the Secretary of the Army when 
determining which projects to fund. Required elements include: 
contribution to meeting restoration needs identified in an estuary 
plan, consistency with this Strategy, inclusion of a monitoring plan, 
and satisfactory assurance that the non-Federal sponsor has adequate 
authority and resources. Selection factors listed in the Act are: 
Inclusion in an approved Federal plan, technical feasibility, 
scientific merit, encouragement of increased cooperation among 
government agencies at all levels, fostering of public-private 
partnerships, cost-effectiveness, and whether the State has a dedicated 
source of funding for acquisition or restoration of estuarine habitat. 
If a project merits selection based on the above criteria, then 
priority consideration will be given to a project if it: (a) Occurs 
within a watershed where there is a program being implemented that 
addresses sources of pollution and other activities that otherwise 
would adversely affect the restored habitat water quality in the 
watershed; or (b) includes an innovative technology having the 
potential to achieve better restoration results than other technologies 
in current practice, or comparable results at lower cost in terms of 
energy, economics, or environmental impacts. More detailed information 
about processes to be used for accepting, reviewing, evaluating and 
selecting projects to be funded under the Act will be contained in 
documents to be released at a future date.
    The Council will consider the factors discussed above during its 
review and ranking of proposals for the Secretary's consideration. 
Additional criteria may also be developed by the Council to facilitate 
review and these will be included in the program guidance. The list of 
recommended projects will be provided in priority order. The Secretary 
may consider other factors when selecting projects to fund from the 
list provided by the Council.
    In addition to considering the selection and priority factors in 
sections 104(c)(3) and (4), the Secretary will also select a balance of 
smaller and larger estuarine habitat projects and ensure an equitable 
geographic distribution of the funded projects. The Council recognizes 
that the scope and benefits of a project are not always directly 
proportional to the cost and that projects are sometimes difficult to 
characterize adequately in terms of acreage to be restored. For 
purposes of selecting a balance of smaller and larger estuarine habitat 
restoration projects, the Council will use a combination of cost and 
acreage as criteria to define small projects. In general, a small 
project would be one with a Federal cost-share (applied to planning, 
design and construction activities) of $250,000 or less and that 
manipulates 50 acres or less. The Council will discuss and classify 
projects that cannot be easily characterized as ``small'' or ``large'' 
because of conflicts between cost and acreage factors. The availability 
of funding, project costs, and the nature of the proposals will affect 
the ability to assure equitable geographic distribution of projects 
funded by this program. In any one year, the Council may recommend 
funding more projects in one region than another but will consider the 
number, scope and cost of funded projects in a region when making 
subsequent funding decisions.
    The goal will be to select those projects that address national 
priorities while assuring that all regions of the country benefit from 
the program. The

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Council will explore various means for defining national priorities and 
consider those priorities in project selection.

Innovative Technology

    To support the incorporation of innovative technologies in 
restoration projects conducted under the Act, the Council, in 
cooperation with the National Estuarine Research Reserve System and 
other federal research and development facilities, will encourage the 
development of innovative restoration technology and monitoring 
capabilities. This will include efforts to identify and transfer 
innovative restoration technologies, methods, and monitoring strategies 
to program participants for future use in restoration activities 
carried out under the Act.

Ensuring Success

    The Act stipulates that monitoring is essential for evaluating and 
documenting our progress toward reaching the goal of restoring one 
million-acres of estuarine habitat. By closely tracking progress at the 
project level, we can determine whether individual projects contribute 
to meeting the goals of estuary and regional restoration plans, and 
tally habitat acreage restored over a national scale. In addition to 
monitoring at the project level, ecosystem-level monitoring may also be 
needed to judge restoration success. Monitoring information will allow 
restoration planners and practitioners to modify their efforts 
according to on-the-ground results, and can build long-term public 
support for habitat protection and restoration efforts.
    Because monitoring is essential to both documenting success and 
adapting project and program approaches, it should be a central concern 
of those designing a restoration project or regional restoration plan. 
For each habitat type to be restored, the monitoring plan should define 
the desired structure and functions in the context of project goals, 
and identify attributes indicating those functions. Quantitative 
performance standards for projects should include functional and 
structural elements and be linked to appropriate, local reference 
habitats that represent ``target conditions.'' It may also be useful to 
compare the project site to degraded, non-restored ``control'' sites to 
better document project-induced improvements in habitat condition.
    Ideally, restoration goals should be quantitative, as well as 
spatially and temporally specific. Project goals should also be 
measurable and realistic. A realistic goal should consider causes of 
past decline of the habitat proposed for restoration and surrounding 
land cover and ecosystem conditions. Monitoring data should be used to 
guide project operations and maintenance.
    Specific project goals will determine the appropriate complexity of 
each monitoring plan. The project must include monitoring on a regular 
basis and over a meaningful time period. The length of the ideal 
monitoring program will vary depending on the habitat type and project 
goals for restoring function, but should always include pre-
construction measurements to establish baseline conditions, monitoring 
during project construction to determine whether to adjust techniques 
or goals, and post-construction monitoring to confirm success of the 
restoration and alert project managers to the need for adjustments. 
Project monitoring should document any changes to the original 
construction specifications, including what problems were encountered, 
the reasoning behind any changes, and any changes the project staff 
would recommend with the knowledge they now possess. Information on 
changes from baseline conditions and comparison to reference or control 
sites should be included as well.
    Beyond monitoring individual restoration projects, local, tribal, 
State or regional groups should also conduct monitoring over the 
estuary or regional scale to allow a more complete evaluation of 
restoration successes. System-wide monitoring of water quality and 
other habitat parameters can gauge ecosystem improvements beyond those 
achieved at project sites. Additionally, remote sensing may be useful 
in documenting both baseline habitat information and large-scale 
changes in habitat coverage and conditions. Broad-scale monitoring 
programs such as those currently being developed through the National 
Oceanic and Atmospheric Administration's National Estuarine Research 
Reserve System program and the U.S. Environmental Protection Agency's 
National Estuary Program should be consulted in the development of 
[chyph]long-term monitoring programs.
    The restoration and maintenance of healthy coasts and estuaries 
will require the [chyph]long-term support of a broad [chyph]cross-
section of the public. Including local communities in planning and 
implementing restoration projects will build interest in protecting and 
maintaining restored habitat. Increased awareness of the attributes 
needed to sustain healthy habitat will increase local stewardship of 
the environment and will help to ensure the long-term success of 
restoration projects.
    The National Oceanic and Atmospheric Administration, in 
consultation with the Council, will develop standard data formats for 
project monitoring, along with requirements for types of data collected 
and frequency of monitoring. These standards will build on existing 
[chyph]inter-agency efforts to develop monitoring protocols and 
restoration databases. These standards are not intended to limit the 
types of information gathered by project managers, but rather to ensure 
that data will be useful to other parties, and to facilitate regional 
and national tracking of restoration success. Consistent data 
collection and reporting standards should clarify results, make 
selection and justification of restoration methods more 
straightforward, ensure that success is documented based on sufficient 
data, enhance the restoration knowledge base, and increase the 
comparability of data among restoration projects.
    In addition to developing monitoring data standards, the National 
Oceanic and Atmospheric Administration will also maintain a database of 
information concerning estuarine habitat restoration projects carried 
out under the Act, including information on project techniques, project 
completion, monitoring data, and other relevant information. This 
database will be Internet-accessible, to allow widespread dissemination 
and use of restoration project and monitoring data.

Conclusions

    The actions described in this Strategy facilitate reaching the goal 
of restoring one million-acres of estuarine habitat by 2010. There are 
many existing programs and organizations actively involved in estuary 
restoration whose efforts will also contribute significantly to estuary 
restoration. Examples include the National Estuary Program, the 
National Estuarine Research Reserve System, the U.S. Fish and Wildlife 
Service's Coastal Program and North American Waterfowl and Wetlands 
Program, Restore America's Estuaries member organizations, and the 
program implementing the Coastal Wetlands Planning, Protection, and 
Restoration Act.
    The Strategy is intended to be dynamic. Working with the 
organizations listed above and other interested stakeholders, the 
Council will review and refine this Strategy over time in an iterative 
process, as new information becomes available and progress toward 
meeting the goals of the Act is evaluated. Section 108(a) of the Act 
requires the Secretary to report to Congress at the end of the third 
and fifth

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fiscal years. As part of this process the Council will review the 
Strategy and update as necessary.
    The Council is preparing additional documents regarding habitat 
restoration program implementation and the development of monitoring 
standards that will be published upon completion. As indicated in this 
Strategy, the Council will promote a variety of efforts to facilitate 
promotion of partnerships and efficient, effective restoration of 
estuarine habitats.
    References: Cowardin, L.M. V. Carter, F.C. Golet, and E.T. LaRoe. 
1979. ``Classification of wetlands and deepwater habitats of the United 
States.'' U.S. Fish and Wildlife Service. Biological Services Program; 
FWS/OBS-79/31. 131 pp.
    Restore America's Estuaries. 2002. ``A National Strategy to Restore 
Coastal and Estuarine Habitat.'' Arlington, VA.

Luz D. Ortiz,
Army Federal Register Liaison Officer.
[FR Doc. 02-30570 Filed 12-2-02; 8:45 am]
BILLING CODE 3710-92-P