[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18457-18459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07720]


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GULF COAST ECOSYSTEM RESTORATION COUNCIL

[Docket No.: 104172017-1111-12]


Proposed Amendment to Initial Funded Priorities List

AGENCY: Gulf Coast Ecosystem Restoration Council.

ACTION: Proposed amendment to Initial Funded Priorities List.

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SUMMARY: The Gulf Coast Ecosystem Restoration Council (Council) seeks 
public and Tribal comment on a proposal to amend its Initial Funded 
Priorities List (FPL) to approve implementation funding for support of 
the Tampa Bay Estuary Program (TBEP) restoration project elements 
sponsored by the U.S. Environmental Protection Agency (EPA). The 
Council is proposing to approve $1,444,960 in implementation funding 
for the TBEP project elements. The Council is also proposing to 
reallocate $100,000 from planning to implementation.

DATES: Comments on this proposed amendment are due May 19, 2017.

ADDRESSES: Comments on this proposed amendment may be submitted as 
follows:
    By Email: Submit comments by email to 
[email protected]. Email submission of comments ensures 
timely receipt and enables the Council to make them available to the 
public. In general, the Council will make such comments available for 
public inspection and copying on its Web site, www.restorethegulf.gov, 
without change, including any business or personal information 
provided, such as names, addresses, email addresses and telephone 
numbers. All comments received, including attachments and other 
supporting materials, will be part of the public record and subject to 
public disclosure. You should only submit information that you wish to 
make publicly available.
    By Mail: Send comments to Gulf Coast Ecosystem Restoration Council, 
500 Poydras Street, Suite 1117, New Orleans, LA 70130.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    The Deepwater Horizon oil spill led to passage of the Resources and 
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies 
of the Gulf Coast States Act of 2012 (RESTORE Act) (33 U.S.C. 1321(t) 
and note), which dedicates 80 percent of all Clean Water Act 
administrative and civil penalties related to the oil spill to the Gulf 
Coast Restoration Trust Fund (Trust Fund). The RESTORE Act also created 
the Council, an independent Federal entity comprised of the five Gulf 
Coast states and six Federal agencies. Among other responsibilities, 
the Council administers a portion of the Trust Fund known as the 
Council-Selected Restoration Component in order to ``undertake projects 
and programs, using the best available science, that would restore and 
protect the natural resources, ecosystems, fisheries, marine and 
wildlife habitats, beaches, coastal wetlands, and economy of the Gulf 
Coast.'' Additional information on the Council can be found here: 
https://www.restorethegulf.gov.
    On December 9, 2015, the Council approved the FPL, which includes 
projects and programs approved for funding under the Council-Selected 
Restoration Component, along with other activities the Council 
identified as priorities for potential future funding. Activities 
approved for funding in the FPL are included in ``Category 1;'' the 
priorities for potential future funding are in ``Category 2.'' In the 
FPL the Council approved approximately $156.6 million in Category 1 
restoration and planning activities, and prioritized

[[Page 18458]]

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 the TBEP project 
elements in Category 1 and implementation activities for the TBEP 
project elements 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.
    The total amount available for implementation of the TBEP project 
elements would be $1,544,960. These funds would be used to implement 
five coastal restoration elements within the TBEP's watershed boundary: 
(1) Ft De Soto Recirculation and Seagrass Recovery Project; (2) St. 
Petersburg Biosolids to Energy Project; (3) Robinson Preserve Expansion 
Project; (4) Hillsborough County Parks Coastal Invasive Plant Removal 
Project; and (5) Copeland Park Pond Restoration Project.
    Pursuant to Section 511(c) of the Clean Water Act, certain EPA 
actions are statutorily exempt from the National Environmental Policy 
Act (NEPA). The EPA has provided the Council with documentation 
confirming that the five elements listed above fall within this NEPA 
exemption. This documentation also contains information demonstrating 
compliance with other applicable laws, including the Endangered Species 
Act, National Historic Preservation Act and the Magnuson-Stevens Act. 
The EPA would be required to adhere to all applicable terms and 
conditions contained in this compliance documentation. The Council 
therefore proposes to rely on the EPA's statutory exemption in 
accordance with Section 4(h) of the Council's NEPA Procedures (80 FR 
25680 (May 5, 2015)) (NEPA Procedures).

II. Environmental Compliance

    Prior to approving an activity for funding in FPL Category 1, the 
Council must comply with NEPA (unless the given activity is exempt from 
NEPA) and other applicable Federal environmental laws. At the time of 
approval of the FPL, the Council had not fully addressed the 
environmental laws applicable to implementation of the TBEP project 
elements. The Council did, however, recognize the potential ecological 
value of the TBEP project elements, based on a review conducted during 
the FPL process. For this reason, the Council approved $100,000 in 
planning funds for the TBEP, a portion of which would be used to 
complete any needed environmental compliance activities. As noted 
above, the Council placed the implementation portion of the TBEP 
project elements into FPL Category 2, pending the outcome of this 
environmental compliance work and further Council review.
    The estimated cost of implementation activities for the TBEP was 
$2,000,000, including the five restoration elements listed above, as 
well as two other elements that are not included in this proposed 
approval of implementation funding (i.e., the Palm River Restoration 
Project Phase II, East McKay Bay and Coopers Point Water Quality 
Improvement). In a separate Federal Register notice, issued March 17, 
2017, the Council proposed approving implementation funding for Palm 
River Restoration Project Phase II, East McKay Bay, with Florida as the 
sponsor. The EPA continues to work on design, engineering and 
environmental compliance for Coopers Point Water Quality Improvement 
project element, and anticipates seeking Council approval of 
implementation funding for it at a later date.
    Section 4(h) of the Council's NEPA Procedures provides:

    ``(h) Actions Exempt from the Requirements of NEPA. Certain 
Council Actions may be covered by a statutory exemption under 
existing law. The Council will document its use of such an exemption 
pursuant to applicable requirements.''

    In accordance with the above provision, the Council is proposing to 
rely upon the EPA's statutory NEPA exemption in association with 
approval of implementation funding for the following five TBEP 
elements: (1) Ft De Soto Recirculation and Seagrass Recovery Project; 
(2) St. Petersburg Biosolids to Energy Project; (3) Robinson Preserve 
Expansion Project; (4) Hillsborough County Parks Coastal Invasive Plant 
Removal Project; and (5) Copeland Park Pond Restoration Project.
    The EPA has provided the Council with documentation confirming that 
the five elements listed above fall within the EPA's statutory NEPA 
exemption. This documentation also contains information demonstrating 
compliance with other applicable laws, including the Endangered Species 
Act, National Historic Preservation Act and the Magnuson-Stevens Act. 
The EPA would be required to adhere to all applicable terms and 
conditions contained in this documentation.
    The Council's reliance upon the EPA's statutory NEPA exemption does 
not in any way alter the Council's or the EPA's obligation to comply 
with other applicable laws.
    The Council has reviewed the environmental compliance documentation 
provided by the EPA and has found that it addresses the laws applicable 
to Council approval of funding under the Council-Selected Restoration 
Component. Information on the NEPA statutory exemption and the 
associated documentation can be found here: https://www.restorethegulf.gov/funded-priorities-list. (See: Tampa Bay Estuary 
Program--Implementation.)

TBEP Restoration Elements

    If approved for funding, the five TBEP restoration elements are 
expected to result in the following environmental benefits: An 
estimated reduction of 5,147 tons/year greenhouse gas (GHG) emissions 
associated with the Biosolids to Energy element; 14.8 acres of coastal 
upland habitat created or restored at Robinson Preserve, including 
approximately 4.42 acres of live oak hammock; 4.64 acres of pine 
flatwoods; 2.9 acres of coastal shrub; and 2.81 acres of coastal 
hammock; Hillsborough County Parks Coastal Invasive Plant Removal 
Project: Invasive plants removed on approximately 650 acres near 
Cockroach Bay; Circulation modeling, monitoring, and an estimated 200 
acres of seagrass habitat enhanced or created at Fort DeSoto Park; and 
Shoreline restoration, littoral shelf development, and open water 
habitat restoration on a 1.83 acre pond at Copeland Park.
    If approved for implementation funding, the five TBEP restoration 
elements are expected to result in approximately 664 acres of coastal 
habitat restored or enhanced and 200 acres of seagrass enhanced or 
created. Habitat restoration activities include exotics removal; tidal 
exchange restoration; and sheet flow restoration. Additionally, an 
estimated 5,147 tons of greenhouse gas (GHG) emissions per year would 
be reduced, providing added climate change resiliency. GHG emissions 
reductions result from switching from fuel to biogas for municipal 
vehicles. Habitat restored, enhanced or created include: 200 acres

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of seagrass, 650 acres of coastal wetlands, 14 acres of coastal 
uplands, and 1.8 acres of freshwater wetlands. Habitat restoration 
includes invasive removal, sediment contouring, and native plantings.
    Additional information on the TBEP restoration elements, 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: Tampa Bay Estuary Program, Implementation.)

Will D. Spoon,
Program Analyst, Gulf Coast Ecosystem Restoration Council.
[FR Doc. 2017-07720 Filed 4-18-17; 8:45 am]
BILLING CODE 6560-58-P