[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59625-59626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20743]


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GULF COAST ECOSYSTEM RESTORATION COUNCIL

[Docket No.: 108302016-1111-06]


Amendment to Initial Funded Priorities List

AGENCY: Gulf Coast Ecosystem Restoration Council.

ACTION: Notice of amendment to initial funded priorities list.

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SUMMARY: On August 24, 2016, the Gulf Coast Ecosystem Restoration 
Council (Council) amended its Initial Funded Priorities List (FPL) to 
approve implementation funding for the Apalachicola Bay Oyster 
Restoration project (Project) in Florida. The Council approved 
$3,978,000 in implementation funding for this Project. The Council also 
approved reallocating $702,000 from project planning to project 
implementation, after any remaining planning expenses have been met. 
The total amount available for implementation of the Project is 
therefore $4,680,000. These funds will be used to restore approximately 
251 acres of oyster beds, which is an increase from the 219 acres 
originally proposed in the FPL.
    To comply with the National Environmental Policy Act (NEPA), the 
Council has adopted an existing Environmental Assessment (EA) that 
addresses the activities in the Project. In so doing, the Council is 
expediting project implementation, reducing planning costs and 
increasing the ecological benefits of this Project by using the savings 
in planning funds to expand the Project by approximately 32 acres.

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 (RESTORE Act), 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, 
which 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 activities that 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.'' The 
Council approved approximately $156.6 million in FPL Category 1 
restoration and planning activities, and prioritized twelve FPL 
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 the Apalachicola Project in 
Category 1 and implementation activities for the Project in Category 2 
of the FPL.
    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

[[Page 59626]]

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 Federal environmental laws. At 
the time of approval of the FPL, the Council had not complied with NEPA 
and other applicable laws with respect to implementation of the 
Project. The Council did, however, recognize the potential ecological 
value of the Project, based on review conducted as part of the FPL 
process. For this reason, the Council approved $702,000 in planning 
funds for this Project, a portion of which would be used to complete 
any needed environmental compliance activities. As noted above, the 
Council placed the implementation portion of this Project into FPL 
Category 2, pending the outcome of this environmental compliance work 
and further Council review. The estimated cost of the Project's 
implementation component was listed at $3,978,000, which would fund the 
restoration of approximately 219 acres of oyster beds in Apalachicola 
Bay. Inclusion of the Project's implementation activities into Category 
2 did not in any way commit the Council to subsequently approve those 
implementation activities for funding.
    Since approval of the FPL, Florida has collaborated with the U.S. 
Army Corps of Engineers (USACE) and identified an existing EA that 
could be used to support Council approval of implementation funding for 
this Project. This EA was prepared by the USACE in association with a 
Clean Water Act Section 404 and Section 10 of the Rivers and Harbors 
Act programmatic general permit (PGP). This PGP authorizes the Florida 
Department of Agricultural and Consumer Services to conduct aquaculture 
of live rock and marine bivalves in navigable waters of the U.S. within 
the jurisdiction of the State of Florida, provided that such activities 
comply with the terms and conditions of the PGP.
    The Council has reviewed this EA and associated documents, 
including an August 13, 2015, letter from the National Oceanic and 
Atmospheric Administration regarding compliance with the Endangered 
Species Act (ESA). In addition to ESA, the EA and associated PGP 
address compliance with other Federal environmental laws, including the 
Magnuson-Stevens Fishery Conservation and Management Act, the National 
Historic Preservation Act and more.
    On June 7, 2016, the Council issued a Federal Register notice 
announcing its proposal to amend the FPL, adopt the aforementioned EA, 
and approve implementation funding for this Project. The Council 
received no public comments on this proposal.
    Based on this review, the Council adopted this EA to support the 
approval of implementation funds for the Project, based on the 
condition that the Project must be implemented in accordance with the 
terms and conditions of the PGP and the design criteria set forth in 
the associated ESA programmatic consultation. Strict adherence with the 
terms and conditions of the PGP is necessary to ensure compliance ESA 
and other applicable laws. On August 24, 2016, the Council issued a 
Finding of No Significant Impact (FONSI) for this action, concurrent 
with its approval of the FPL amendment. This EA, FONSI, and the 
associated ESA documentation can be found here: https://www.restorethegulf.gov/funded-priorities-list. (See Apalachicola Bay 
Oyster Restoration Project--Implementation.)
    Additional information on the Project is available in an activity-
specific appendix to the FPL, which can be found here: https://www.restorethegulf.gov.

Justin R. Ehrenwerth,
Executive Director, Gulf Coast Ecosystem Restoration Council.
[FR Doc. 2016-20743 Filed 8-29-16; 8:45 am]
 BILLING CODE 6560-58-P