[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Rules and Regulations]
[Pages 49690-49693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20102]


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GULF COAST ECOSYSTEM RESTORATION COUNCIL

40 CFR Part 1800

[Docket Number: 140819111-4111-01]


RESTORE Act Spill Impact Component Planning Allocation

AGENCY: Gulf Coast Ecosystem Restoration Council.

ACTION: Interim final rule.

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SUMMARY: The Gulf Coast Ecosystem Restoration Council (Council) is 
issuing a final regulation authorizing the Gulf Coast State members of 
the Council, or their administrative agents, and the Gulf Consortium of 
Florida counties to apply for grants to fund planning activities to 
develop individual State Expenditure Plans (SEP) using funds up to the 
statutory minimum that each Gulf Coast State must receive under the 
Spill Impact Component of the Resources and Ecosystem Sustainability, 
Tourist Opportunities, and Revived Economies of the Gulf Coast States 
Act of 2012 (RESTORE Act).

DATES: This Interim Final Rule becomes effective on August 22, 2014. 
Comments on the Interim Final Rule are due September 22, 2014.

ADDRESSES: The Council invites comments on the planning allocation 
contained in this Interim Final Rule. Comments may be submitted through 
one of these methods:
    Electronic Submission of Comments: Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
http://www.regulations.gov. Electronic submission of comments allows 
the commenter maximum time to prepare and submit a comment, ensures 
timely receipt, and enables the Council to make them available to the 
public. Comments submitted electronically through the http://www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public.

[[Page 49691]]

    Mail: Send to Gulf Coast Ecosystem Restoration Council, c/o US 
Custom House, Suite 419, 423 Canal Street, Suite 419, New Orleans, LA 
70130.
    Email: Send to [email protected].
    In general, the Council will post all comments to 
www.regulations.gov without change, including any business or personal 
information provided, such as names, addresses, email addresses, or 
telephone numbers. Comments may also be submitted anonymously. The 
Council will also make such comments available for public inspection 
and copying on its Web site, http://www.restorethegulf.gov/. 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.

FOR FURTHER INFORMATION CONTACT: Jeffrey Roberson at 202-482-1315.

SUPPLEMENTARY INFORMATION: 

I. Background

    The RESTORE Act, Public Law 112-141 (July 6, 2012), codified at 33 
U.S.C. 1321(t) and note, makes funds available for the restoration and 
protection of the Gulf Coast Region through a new trust fund in the 
Treasury of the United States, known as the Gulf Coast Restoration 
Trust Fund (Trust Fund). The Trust Fund will contain 80 percent of the 
administrative and civil penalties paid by the responsible parties 
after July 6, 2012, under the Federal Water Pollution Control Act in 
connection with the Deepwater Horizon oil spill. These funds will be 
invested and made available through five components of the RESTORE Act. 
On August 15, 2014, the Department of Treasury (Treasury) issued 
regulations (79 FR 48039) applicable to all five components, and which 
generally describe the responsibilities of the Federal and State 
entities that administer RESTORE Act programs and carry out restoration 
activities in the Gulf Coast Region.
    Two of the five components, the Comprehensive Plan and Spill Impact 
Components, are administered by the Council, an independent federal 
entity created by the RESTORE Act. Under the Spill Impact Component (33 
U.S.C. 1321(t)(3)), the subject of this regulation, 30 percent of funds 
in the Trust Fund will be disbursed to the five Gulf Coast States 
(Alabama, Florida, Louisiana, Mississippi, and Texas) or their 
administrative agents based on an allocation formula established by the 
Council by regulation based on criteria in the RESTORE Act. The RESTORE 
Act establishes a statutory minimum under which each of the five Gulf 
Coast States is guaranteed five percent of the funds made available in 
a fiscal year under this component. In order for funds to be disbursed 
to a Gulf Coast State, the RESTORE Act requires each Gulf Coast State 
to develop a SEP and submit it to the Council for approval. The RESTORE 
Act specifies the particular entity within each Gulf Coast State that 
will prepare the individual SEPs: in Alabama, the Alabama Gulf Coast 
Recovery Council; in Florida, a consortium of local political 
subdivisions that includes a minimum of one representative of each 
affected county (officially named the ``Gulf Consortium'' as organized 
under Florida law); in Louisiana, the Coastal Protection and 
Restoration Authority of Louisiana; in Mississippi, the Office of the 
Governor or an appointee of the Office of the Governor; and in Texas, 
the Office of the Governor or an appointee of the Office of the 
Governor. 33 U.S.C. 1321(t)(3)(B)(iii).
    SEPs must meet the statutory requirements of the RESTORE Act, 
including: (1) All projects, programs and activities included in the 
SEP are eligible activities as defined by the RESTORE Act; (2) all 
projects, programs and activities included in the SEP contribute to the 
overall economic and ecological recovery of the Gulf Coast; (3) the SEP 
takes the Council's Comprehensive Plan into consideration and is 
consistent with the goals and objectives of the Comprehensive Plan; and 
(4) no more than 25 percent of the allotted funds are used for 
infrastructure projects unless the SEP contains certain certifications 
from the Gulf Coast State submitting the SEP. The funds the Council 
disburses to the Gulf Coast States upon approval of a SEP will be in 
the form of grants. As required by federal law, the Council will award 
a grant or grants to each of the Gulf Coast States and incorporate into 
the grant award(s) standard administrative terms on such topics as 
recordkeeping, reporting, and auditing. The Council is currently 
developing another set of regulations to more fully implement the Spill 
Impact Component of the RESTORE Act. These regulations will be 
published in the Federal Register at a later date and will establish 
how funds made available from the Trust Fund will be allocated based on 
the formula between the five Gulf Coast States. It will also generally 
describe the responsibilities of the Gulf Coast States in applying for 
and administering the financial assistance awards made under the Spill 
Impact Component.

II. This Interim Final Rule

    Each of the five Gulf Coast States, Alabama, Florida, Louisiana, 
Mississippi, and Texas, are statutorily guaranteed a minimum of five 
percent of amounts made available from the Trust Fund under the Spill 
Impact Component each fiscal year. 33 U.S.C. 1321(t)(3)(A)(iii). A Gulf 
Coast State may receive more than the statutory minimum depending on 
the calculation of each Gulf Coast State's share using an allocation 
formula established by the Council by regulation based on criteria 
specified in the Act. 33 U.S.C. 1321(t)(3)(A)(ii). The Council is 
developing a regulation to be published in the Federal Register at a 
later date establishing this allocation formula.
    The Council is issuing this regulation as an Interim Final Rule in 
order to facilitate expeditious development of SEPs by the Gulf Coast 
States and thus make funds available sooner for the restoration and 
protection of the Gulf Coast Region. The Council is not providing a 
waiting period for implementation of this Interim Final Rule because 
the five affected parties (four of the Gulf Coast States and the Gulf 
Consortium of Florida counties) are already on notice of the contents 
of the Interim Final Rule and it does not change any existing 
requirement that would necessitate any sort of transition period.
    Under this regulation an amount of funds less than or equal to the 
statutory minimum allocation (five percent of funds available under the 
Spill Impact Component) would be available to a Gulf Coast State, or 
eligible entity for a SEP that funds planning activities only, an 
eligible activity under the Spill Impact Component. 33 U.S.C. 
1321(t)(1)(B)(i)(VIII); 33 U.S.C. 1321(t)(3)(B)(i)(I). Eligible 
entities include the States of Louisiana, Mississippi, and Texas, the 
Alabama Gulf Coast Recovery Council, and the Gulf Consortium of Florida 
counties. All planning activities authorized under the Interim Final 
Rule would relate solely to the development of a comprehensive SEP, 
including conceptual design and feasibility studies related to specific 
projects. It does not include engineering and environmental studies 
related to specific projects. It also does not include any pre-award 
costs incurred prior to the date of publication of this Interim Final 
Rule; any pre-award costs incurred after the date of publication will 
be evaluated pursuant to 2 CFR Part 200. In order to receive a grant 
for planning activities under this Interim Final Rule, the Gulf Coast 
State or eligible entity must submit an

[[Page 49692]]

application for grant funding to the Council for approval.
    The Council will accept comments on the Interim Final Rule for 30 
days after publication, and publish a Final Rule after considering any 
comments.

III. Procedural Requirements

A. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally 
requires agencies to prepare a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act or any other statute, unless the agency 
certifies that this Interim Final Rule will not have a significant 
economic impact on a substantial number of small entities. The Council 
hereby certifies that this rule will not have a significant economic 
impact on a substantial number of small entities, for the following 
reasons.
    This rule, if implemented, would only affect the those Gulf Coast 
States that are eligible recipients of these funds, and States are not 
considered ``small entities'' under the Regulatory Flexibility Act. For 
two Gulf Coast States, Alabama and Florida, the Act mandates that 
entities not officially part of the Executive Office of the State's 
government develop the SEPs. The Alabama Gulf Coast Recovery Council, 
in the context of the Act, serves as an administrative agent of the 
State of Alabama so the effects of this rule are still directed solely 
at the State. For the State of Florida, while the Gulf Consortium of 
counties is tasked with developing the SEP, it is a consortium of 23 
counties with a population of greater than 50,000. As such neither 
entity is considered ``small entities'' under the Regulatory 
Flexibility Act.
    Additionally, while this rule describes procedures concerning the 
allocation and expenditure of amounts from the Trust Fund under the 
Spill Impact Component, most of these requirements come from the 
RESTORE Act itself or other Federal law. The RESTORE Act determines the 
statutory minimum percentage of funds available to the Gulf Coast 
States under the Spill Impact Component.
    Because no small entities will be impacted by this rule no initial 
regulatory flexibility analysis is required, and none has been 
prepared. Notwithstanding this certification, the Council invites 
comments on this rule's impact on small entities.

B. Paperwork Reduction Act

    The collections of information contained in this Interim Final Rule 
would at most require submissions of grant paperwork from five entities 
(four of the Gulf Coast States, or their administrative agents, and the 
Gulf Consortium) below the threshold requirement for application of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)). As such, any 
request for information under this Interim Final Rule is not considered 
a ``collection of information'' subject to the Paperwork Reduction Act 
of 1995. Notwithstanding this determination, the Council invites 
comments on the application of the Paperwork Reduction Act to this 
Interim Final Rule.

C. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    As an independent federal entity that is composed of, in part, six 
federal agencies, including the Departments of Agriculture, the Army, 
Commerce, and the Interior, the Department in which the Coast Guard is 
operating, and the Environmental Protection Agency, the requirements of 
Executive Orders 12866 and 13563 are inapplicable to this rule.

List of Subjects in 40 CFR Part 1800

    Coastal zone, Fisheries, Grant programs, Grants administration, 
Gulf Coast Restoration Trust Fund, Gulf RESTORE Program, 
Intergovernmental relations, Marine resources, Natural resources, Oil 
pollution, Research, Science and technology, Trusts, Wildlife.

    Dated: August 19, 2014.
Justin R. Ehrenwerth,
Executive Director, Gulf Coast Ecosystem Restoration Council.

    For the reasons set forth in the preamble, the Gulf Coast Ecosystem 
Restoration Council amends 40 CFR to establish a new chapter VIII, 
consisting of part 1800, to read as follows:

Title 40--Protection of Environment

Chapter VIII--Gulf Coast Ecosystem Restoration Council

PART 1800--SPILL IMPACT COMPONENT

Sec.
Subpart A--Definitions
1800.1 Definitions.
Subpart B--Minimum Allocation Available for Planning Purposes
1800.10 Purpose.
1800.20 Minimum allocation available for planning purposes.

    Authority: 33 U.S.C. 1321(t).

Subpart A--Definitions


Sec.  1800.1  Definitions.

    As used in this part:
    Gulf Coast State means any of the States of Alabama, Florida, 
Louisiana, Mississippi, and Texas.
    Gulf Consortium means the consortium of Florida counties formed to 
develop the Florida State Expenditure Plan pursuant to 33 U.S.C. 
1321(t)(3)(B)(iii)(II).
    Minimum allocation means the amount made available to each Gulf 
Coast State which totals at least five percent of the total allocation 
made under the Spill Impact Component available in the fiscal year.
    RESTORE Act means the Resources and Ecosystems Sustainability, 
Tourist Opportunities, and Revived Economies of the Gulf Coast States 
Act of 2012.
    Spill Impact Component means the component of the Gulf RESTORE 
program authorized by section 311(t)(3) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(t)(3)), as added by section 1603 of the 
Act, in which Gulf Coast States are provided funds by the Council 
according to a formula that the Council establishes by regulation, 
using criteria listed in the Act.
    State Expenditure Plan means the plan for expenditure of amounts 
disbursed under the Spill Impact Component that each Gulf Coast State 
must submit to the Council for approval.

Subpart B--Minimum Allocation Available for Planning Purposes


Sec.  1800.10  Purpose.

    This subpart establishes that up to the statutory minimum 
allocation (five percent) is available under the Spill Impact Component 
of the Resources and Ecosystems Sustainability, Tourist Opportunities, 
and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE 
Act) (Pub. L. 112-141, 126 Stat. 405, 588-607) for planning purposes 
associated with development of a State Expenditure Plan.


Sec.  1800.20  Minimum allocation available for planning purposes.

    A Gulf Coast State or its administrative agent, or the Gulf 
Consortium, may apply to the Council for a grant to use the minimum 
allocation available in a fiscal year under the Spill Impact Component 
of the RESTORE Act for planning purposes. These planning purposes are 
limited to development of a State Expenditure Plan, and includes 
conceptual design and feasibility studies related to specific projects. 
It does not include engineering and

[[Page 49693]]

environmental studies related to specific projects. It also does not 
include any pre-award costs incurred prior to August 22, 2014.

[FR Doc. 2014-20102 Filed 8-21-14; 8:45 am]
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