Archive for Federal Policy


Conservation Groups React to Ruling that BP Grossly Negligent in 2010 Oil Disaster

September 4, 2014 | Posted by Ryan Rastegar in BP Oil Disaster, Clean Water Act, Latest News, Media Resources

FOR IMMEDIATE RELEASE

CONTACT:
Emily Guidry Schatzel, National Wildlife Federation, 225.253.9781, schatzele@nwf.org
Elizabeth Skree,
Environmental Defense Fund, 202.553.2543, eskree@edf.org
Erin Greeson,
National Audubon Society, 503.913.8978, egreeson@audubon.org

Conservation Groups React to Ruling that BP Grossly Negligent

in 2010 Oil Disaster

Today’s ruling a vital step toward holding BP accountable, restoring the Gulf

(September 4, 2014 – New Orleans) National and local organizations working on Mississippi River Delta restoration – Environmental Defense FundNational Wildlife FederationNational Audubon Society and the Lake Pontchartrain Basin Foundation – released the following statement:

“More than 4 years after the BP oil disaster, today’s ruling brings hope and justice for the people, wildlife and ecosystems of Louisiana and the Gulf Coast. For 87 days, the Deepwater Horizon well spewed more than 4.1 million barrels of oil into the Gulf of Mexico – because of BP’s egregious conduct. A court of law has confirmed that risky and reckless behavior has consequences. The areas most damaged by the spill cannot wait any longer for restoration to begin. Today’s ruling is a vital step toward holding BP and other parties responsible for the largest oil spill in our nation’s history.”

Protesters gather on the first day of the BP trial in February 2013. Photo credit: Reuters

Protesters gather on the first day of the BP trial in February 2013. Photo credit: Reuters

###

No Comments

Public meetings in Louisiana to solicit feedback on RESTORE Council funding distribution

August 29, 2014 | Posted by Ryan Rastegar in Gulf Coast Ecosystem Restoration Council, Meetings/Events, RESTORE Act

The green portion refers to the 30% that the RESTORE Council will help distribute.

The State of Louisiana is hosting three meetings in September to increase public awareness around the funding distribution of the RESTORE Act and to request additional feedback and ideas from the public. The Gulf Coast Ecosystem Restoration Council, also known as the RESTORE Council, is responsible for distributing 30% of the money directed to the Gulf Coast Restoration Trust Fund. Members of the public are invited to submit formal proposals for projects or programs for funding consideration, to voice support for existing projects, or to provide general feedback on priorities for Gulf restoration at these meetings.

Projects proposed for funding through the Council-selected component must ultimately be submitted by members of the RESTORE Council. Representatives from federal agencies on the RESTORE Council and members of the RESTORE Council staff have been invited to join the State of Louisiana in receiving public input and project ideas. Federal agencies have also been invited to participate in the open house portion of the first two meetings so that members of the public can learn more about opportunities to engage with those agencies.

We invite you to attend one of the following meetings to learn about the process and to discuss your ideas:

Thursday, September 4, 2014 
University of New Orleans Homer Hitt Alumni Center
2000 Lakeshore Drive
New Orleans, LA
5:30 p.m. Open House
6:00 p.m. Formal Meeting (brief background presentation by State of Louisiana followed by listening session

Thursday, September 11, 2014
Houma Municipal Auditorium
880 Verret Street
Houma, LA
5:30 p.m. Open House
6:00 p.m. Formal Meeting (brief background presentation by State of Louisiana followed by listening session)

Wednesday, September 17, 2014
Coastal Protection and Restoration Authority Board Meeting
SEED Center
Willis Noland Room
4310 Ryan Street, 2nd Floor
Lake Charles, LA
9:30 a.m. (dedicated public comment period)

 Public input may also be submitted by phone, mail, or by email at the information below:

Mail: Attn: Jenny Kurz, CPRA, P.O. Box 44027, Baton Rouge, LA, 70804
Phone: Meg Bankston: (225) 342-4844
Email: coastal@la.gov

More information about the project submittal process can be found here.

No Comments

Louisiana business community calls for protection of state’s Coastal Trust Fund

May 21, 2014 | Posted by Delta Dispatches in 2012 Coastal Master Plan, Economics, RESTORE Act, State Legislature

By Derek Brockbank, Mississippi River Delta Restoration Campaign Director

Louisiana businesses have long known that a healthy coast is essential to the state’s economy. But a healthy coast means restoration, and restoration takes funding. So it’s no surprise that businesses are lining up to support House Bill 490 (HB 490) in the legislature this year, because this legislation would make sure Louisiana’s Coastal Trust Fund is used only for coastal restoration and protection, with no exceptions.

Michael Hecht, President and CEO of Greater New Orleans, Inc., has outlined why the coast is so important to the Louisiana business community:

“Restoring Louisiana’s coast is existential to our ability to live and work in Greater New Orleans, but we have a unique opportunity to turn this looming crisis into an economic opportunity by harnessing the existing water management, coastal resilience and disaster recovery experience currently existing in Southeast Louisiana and building on it, exporting it, and positioning our region as the international epicenter of the emerging environmental sector.”

Greater New Orleans, Inc. recently released a letter in support of HB 490, where they were joined by 28 business and economic development associations and more than 60 individual businesses that work in Louisiana. In explaining why they supported a bill that was largely about closing a fiscal loophole in how the Coastal Trust Fund is operated, the letter stated:

“As supporters of the RESTORE Act and the State Master Plan process, we know that large-scale coastal restoration is urgently needed to protect our businesses, economic base and communities. Investing in protection and restoration of our coast will reduce storm risk, while also creating jobs and economic opportunities that are important to our members, customers and parishes.”

Todd Murphy, President of the Jefferson Chamber of Commerce, one of the letter signers, explained his support for HB 490 this way:

“Restoring our coast means sustaining the Louisiana economy. Businesses in Jefferson Parish rely on coastal wetlands. We need to protect the integrity of Louisiana’s Coastal Fund by using the Fund as the law intended – to pay for critical protection and restoration projects only.”

The Louisiana State House of Representatives unanimously passed HB 490 on May 5. Now the bill is awaiting a vote in the Senate Finance Committee. With the Senate adjourning on June 2, just a week and a half remains for the bill to be taken up by the Finance Committee and then the full Senate.

Take Action: Tell your Louisiana State Senator to take up and pass HB 490: https://secure2.edf.org/site/Advocacy?cmd=display&page=UserAction&id=2283.

No Comments

Conservation Organizations Respond to Senator Mary Landrieu’s Confirmation as Chairwoman of Energy and Natural Resources Committee

February 11, 2014 | Posted by Elizabeth Skree in BP Oil Disaster, Clean Water Act, Media Resources, RESTORE Act, Senator Mary Landrieu

FOR IMMEDIATE RELEASE

CONTACTS: Elizabeth Skree, Environmental Defense Fund, 202.553.2543, eskree@edf.org
Emily Guidry Schatzel, National Wildlife Federation, 225.253.9781, schatzele@nwf.org
Erin Greeson, National Audubon Society, 503.913.8978, egreeson@audubon.org

Conservation Organizations Respond to Senator Mary Landrieu’s Confirmation as Chairwoman of Energy and Natural Resources Committee

Landrieu a champion for Louisiana coastal restoration, Gulf oil spill recovery

(Washington, DC—February 11, 2014) Today, the U.S. Senate Democratic Caucus confirmed Senator Mary Landrieu as chairwoman of the U.S. Senate Committee on Energy and Natural Resources. National and local conservation organizations committed to Mississippi River Delta restoration – Environmental Defense FundNational Wildlife FederationNational Audubon SocietyLake Pontchartrain Basin Foundation and the Coalition to Restore Coastal Louisiana – issued the following statement:

“We are pleased to welcome Senator Mary Landrieu as the new chairwoman of the Senate Energy and Natural Resources Committee. Senator Landrieu has proven herself to be a champion for restoration of the Mississippi River Delta, as well as an effective legislator, notably demonstrated by her leadership in crafting and passing the bipartisan RESTORE Act which benefits the entire Gulf Coast. The law ensures that Clean Water Act fines from the 2010 BP Gulf oil disaster go back to the Gulf Coast states for restoration. This historic legislation would not have become law without Senator Landrieu’s tireless leadership and her ability to work across the aisle. In her new capacity as committee chairwoman, we look forward to a continued partnership to advance both funding and implementation of Mississippi River Delta restoration.”

###

The Restore the Mississippi River Delta coalition is working to protect people, wildlife and jobs by reconnecting the river with its wetlands. As our region faces the crisis of threatening land loss, we offer science-based solutions through a comprehensive approach to restoration. Comprised of conservation, policy, science and outreach experts from Environmental Defense Fund, National Audubon Society, National Wildlife Federation, Coalition to Restore Coastal Louisiana and Lake Pontchartrain Basin Foundation, we are located in Houma, New Orleans and Baton Rouge, Louisiana; Washington, D.C.; and around the United States. See more at www.mississippiriverdelta.org.

No Comments

A Tale of Two Meetings

January 15, 2014 | Posted by Delta Dispatches in 2012 Coastal Master Plan, BP Oil Disaster, Meetings/Events, Natural Resource Damage Assessment (NRDA)

By Philip Russo, Mississippi River Delta Restoration Campaign

It is hard to say no to a good two-for-one deal. At least, that’s what Louisiana’s Coastal Restoration and Protection Authority (CPRA) had in mind when they planned this week’s public meetings in South Louisiana.

At meetings in Belle Chasse (yesterday), Thibodaux (tonight) and Lake Charles (tomorrow evening), CPRA is unveiling and accepting public comments on their Draft Fiscal Year 2015 Annual Plan as well as the Gulf oil spill Draft Natural Resource Damage Assessment (NRDA) Programmatic Environmental Impact Statement (PEIS) and Phase III Early Restoration Plan.

Annual-Plan-Download

To kick off the tour, more than 100 people attended the Belle Chasse meeting last evening. CPRA’s Deputy Executive Director, Kyle Graham, began the two-hour joint meeting by presenting Louisiana’s Draft FY2015 Annual Plan. Graham described the implementation of the Louisiana Coastal Master Plan as a “50-year program, at least.” He qualified this by saying that “We live in an engineered landscape, and it’s going to be much longer than that. We know that this is a program that needs to go on for as long as we choose to live in this engineered landscape.” He outlined the multi-layered suite of restoration projects the CPRA is designing, engineering and constructing and emphasized that “we are in the middle of the largest restoration construction boom in the state’s history.” He also pointed out that the suite of coastal restoration projects will soon include sediment diversions.

Sediment diversions were a popular topic of discussion during the Draft FY15 Annual Plan public comment period. Some attendees expressed their view that diversions will bring more harm than good for fish and oyster habitats. Conversely, John Lopez of the Lake Pontchartrain Basin Foundation expressed that without the full suite of coastal restoration projects, which includes sediment diversions, “all of our livelihoods down here in South Louisiana are potentially at stake; it’s not one particular sector.”

The close of the Annual Plan public comment session transitioned right into the NRDA PEIS and Phase III Early Restoration Plan portion of the meeting. Residents were updated about various projects being funded by the $1 billion made available by BP for early NRDA restoration. Though all funds stemming from the BP oil disaster are to be split between the five Gulf Coast states, they can only be used for projects that are designed to restore or enhance recreational and ecological activity along the Gulf. In Louisiana, the main four projects featured in the presentation were barrier island restoration projects in the Caillou Lake Headlands, Chenier Ronquille, Shell Island and North Breton Island.

Though some public comments were made following the NRDA section, it lacked the intensity of the first round. Regardless, the back-to-back meeting was a great opportunity for local residents, politicians and advocates alike to participate in Louisiana’s coastal planning process.

1 Comment

Draft FY2015 Annual Plan, Oil Spill NRDA Public Meetings

January 10, 2014 | Posted by Delta Dispatches in 2012 Coastal Master Plan, BP Oil Disaster, Meetings/Events, Natural Resource Damage Assessment (NRDA), NOAA

By Maura Wood, Partnership Manager, National Wildlife Federation

With everyone’s help, we are making great strides toward restoring Louisiana’s coast. Our efforts to attain the resources necessary to meet this great challenge are gaining momentum and projects are moving forward. Next week on January 14, 15, and 16, Louisianans will be able to learn about and comment on the progress being made on coastal restoration at three multi-purpose public hearings being held by Louisiana’s Coastal Protection and Restoration Authority (CPRA).

The first section of each meeting will be an opportunity to hear a summary presentation of the CPRA’s Draft Fiscal Year 2015 Annual Plan and make comments on the plan. Each year, the Annual Plan details how the 2012 Coastal Master Plan is being implemented, reports on the status of ongoing work and projects and provides a 3-year projection of expenditures, as required by law. The Annual Plan provides a window into how the CPRA is allocating its resources in the short term, within the context of the long-term, big-picture vision of the overall Coastal Master Plan.

Beach habitat would be restored as part of the proposed third phase of early restoration.

Beach habitat would be restored as part of the proposed third phase of early restoration.

The second half of the meeting will widen the focus to include Gulf-wide coastal restoration plans and projects. The National Oceanic and Atmospheric Administration (NOAA) and the Deepwater Horizon Natural Resource Damage Assessment (NRDA) Trustees will give a presentation on and listen to public comments regarding the Draft Programmatic and Phase III Early Restoration Plan and Draft Early Restoration Programmatic Environmental Impact Statement. This meeting is an opportunity for the public to comment on the third and final set of projects proposed to address oil spill impacts under the Early Restoration Plan as well as the Environmental Impact Statement that assesses the projects themselves.

All meetings are public and will begin with an open house at 5:30 p.m., followed by presentations beginning at 6:00 p.m. Please consider joining us at one of the following meetings. If you’re interested in attending, please contact our field director, Stephanie Powell, at powells@nwf.org.

Tuesday, January 14
Belle Chasse Auditorium
8398 Louisiana 23
Belle Chasse, Louisiana
(Get Directions)

Wednesday, January 15
Warren J. Harang, Jr. Municipal Auditorium
Plantation Room
310 North Canal Boulevard
Thibodaux, Louisiana
(Get Directions)

Thursday, January 16
Spring Hill Suites Lake Charles
Pelican Room
1551 West Prien Lake Road
Lake Charles, Louisiana
(Get Directions)

For more information:

Coastal Protection and Restoration Authority: coastal.la.gov

Phase III of Early Restoration: www.gulfspillrestoration.noaa.gov/restoration/early-restoration/phase-iii/

No Comments

Deepwater Horizon Trustees release environmental plans for $627 million in restoration projects

December 18, 2013 | Posted by Delta Dispatches in BP Oil Disaster, Natural Resource Damage Assessment (NRDA), Restoration Projects

By Whit Remer and Estelle Robichaux, Environmental Defense Fund

On December 6, the U.S. Department of Interior, on behalf of the Deepwater Horizon Natural Resource Damage (NRDA) Trustees, released a Draft Programmatic Environmental Impact Statement (PEIS) for approximately $627 million of early restoration projects across the Gulf Coast. While the projects were initially proposed in May, over the past six months, the Trustees have been preparing a PEIS to evaluate the broad impacts of the projects. The PEIS includes $318 million for barrier island restoration projects and $22 million for marine fisheries research and science in Louisiana.

A NOAA veterinarian prepares to clean an oiled Kemp's Ridley turtle. As part of the NRDA process, NOAA assesses injuries to marine life.

A NOAA veterinarian prepares to clean an oiled Kemp's Ridley turtle. As part of the NRDA process, NOAA assesses injuries to marine life.

The Natural Resource Damage Assessment is the scientific and legal process to assess and quantify injuries to natural resources and services following oil spills. Trustees from the five Gulf states and four federal agencies are conducting the process for the Deepwater Horizon oil spill. While the full NRDA for the spill is ongoing, the Trustees and BP reached an agreement in April 2011 to begin an early restoration program to restore resources and services immediately and acutely harmed by the oil spill.

The early restoration process is guided by a contract signed by the Trustees and BP known as the Early Framework Agreement, whereby BP committed to provide up to $1 billion in early restoration funds. Two phases of funding were announced prior to the latest $627 million announcement. In Phase I, Louisiana received funds for the Lake Hermitage Marsh Creation Project and for oyster hatcheries in Plaquemines and Terrebonne Parishes.  Phase II contained $9 million in sea turtle and bird habitat restoration projects in Alabama, Mississippi and Florida.

Phase III contains the largest and most diverse suite of projects across the Gulf. In Louisiana, four barrier islands will be restored through $318 million in funds proposed under the Louisiana Outer Coast Restoration project set.” Once the PEIS is complete for Phase III, the Trustees will begin work to restore beach, dune and back barrier marsh on Caillou Lake Headlands (also known as Whiskey Island), Chenier Ronquille, Shell Island (West Lobes and portions of East Lobe) and the North Breton Island. These islands provide important habitat for brown pelicans, terns, skimmers and gulls. Barrier islands also have the potential to buffer storm surge and wave action and thus serve as a first line of defense for coastal communities and infrastructure.

An oiled shoreline in Barataria Bay, Louisiana.

An oiled shoreline in Barataria Bay, Louisiana.

Restoring these islands will require an enormous amount of sediment. Almost 7,500 tons of sand, silt and clay will be pumped from various locations offshore or in the Mississippi River to provide the material for these restoration projects. In all, these projects will restore nearly 2,500 acres of barrier island habitat. Before sediment pumping can begin, containment dikes need to be constructed. Containment dikes give new sediment time to settle and compact, allowing sediment-stabilizing vegetation to grow. These structures are very important because they lessen the impact of ocean currents and waves that lead to the erosion of these newly established island sediments. The containment dikes will generally degrade over time as the island becomes more stable and more vegetation grows.

After the islands have been restored, sand fencing will be installed, to help trap and retain wind-blown sediments and help foster the development of sand dunes, and native vegetation will be planted. Sand dunes are important to the long-term maintenance of barrier islands because they serve as a reservoir of sand from which a beach can replenish itself after a storm. Dunes can also lessen wave energy by breaking waves before they reach shore and, along with “back-barrier marsh,” (the salt marsh on the backside of a barrier island) have the potential to buffer storm surge by absorbing and retaining water.

These barrier island restoration projects were selected for NRDA early restoration because many of them were the first landmasses to be oiled by the Deepwater Horizon spill. But it is important to have these projects constructed quickly, so that Louisiana’s communities can have their first line of defense intact.

To make sure this happens, we encourage you to urge the NRDA Trustee Council by February 4, 2014, either in writing online or at one of the public meetings, to advance these critical Louisiana restoration projects as expeditiously as possible.

No Comments

The Billion Dollar Question: Who pays for MRGO ecosystem restoration?

December 10, 2013 | Posted by Delta Dispatches in Army Corps of Engineers, Community Resiliency, Hurricane Katrina, Mississippi River Gulf Outlet, Water Resources Development Act (WRDA)

By Amanda Moore, National Wildlife Federation

Last Tuesday, the Louisiana Coastal Protection and Restoration Authority authorized the state attorney general to file suit against the U.S. Army Corps of Engineers in an effort to get the federal government to pick up 100 percent of the expense for the federal plan for ecosystem restoration of damage caused by the Mississippi River Gulf Outlet (MRGO). Since 2008, there has been an ongoing dispute between the state and the Corps involving interpretation of Water Resources and Development Act (WRDA) of 2007 legislation, in which Congress directed the Corps to develop a plan for restoration of the MRGO ecosystem at full federal expense.

The $3 billion plan, mandated for completion by May of 2008, was finally completed in 2012. Yet, there is still disagreement over what cost share Congress intended, leaving this critical federal restoration effort at a standstill. The state contends that construction is a 100 percent federal expense, while the Corps contends that the typical cost share on restoration projects, 65 percent federal and 35 percent state, applies. This billion dollar question will now be determined by a judge.

Degraded marsh at lower end of the Central Wetlands near the MRGO.

Degraded marsh at lower end of the Central Wetlands near the MRGO.

The MRGO Must Go Coalition, a group of 17 conservation and neighborhood organizations working since 2006 to see the MRGO closed and the ecosystem restored, has researched this cost share issue for several years. We believe that Congress intended  for the MRGO projects under WRDA to be at 100 percent federal cost for construction, responding to the catastrophic flooding of New Orleans and St. Bernard Parish during Katrina and the devastating role the MRGO played in this event.

Given the extent and urgency of the restoration needs, however, we call on the state of Louisiana, the Corps and potentially other federal agencies to work together to identify all available funding sources and ensure restoration moves forward in a timely manner. All parties involved should be present to work, first and foremost, to ensure timely implementation of comprehensive MRGO ecosystem restoration, as mandated by Congress. We are painfully aware that, every day, the MRGO ecosystem further deteriorates and communities remain at risk.

We welcome this opportunity for the federal court to resolve the cost share dispute. But no matter how the ruling comes down, the bigger question remains: Where will the funds come from to pay for the $3 billion in restoration projects outlined in the MRGO ecosystem restoration plan? Billions of dollars will have to be appropriated by Congress. It is our job, as stakeholders in the resiliency and safety of the Greater New Orleans Area and as citizens who care about justice being served for the communities and ecosystem torn apart by the MRGO, to ensure that our leaders in Congress clearly understand the importance of this restoration effort and that they find the will to get it done. Learn more and take action at www.MRGOmustGO.org.

No Comments

Deepwater Horizon Trustees Release Draft Early Restoration Plan

December 6, 2013 | Posted by Elizabeth Skree in BP Oil Disaster, Media Resources, Natural Resource Damage Assessment (NRDA)

FOR IMMEDIATE RELEASE

CONTACTS: Elizabeth Skree, Environmental Defense Fund, 202.553.2543, eskree@edf.org
Emily Guidry Schatzel, National Wildlife Federation, 225.253.9781, schatzele@nwf.org
Erin Greeson, National Audubon Society, 503.913.8978, egreeson@audubon.org

Deepwater Horizon Trustees Release Draft Early Restoration Plan

 Natural Resource Damage Assessment Process Moves Forward

(New Orleans, LA—December 6, 2013) Today, Secretary of the Interior Sally Jewell announced that the Deepwater Horizon Natural Resource Damage Assessment (NRDA) Trustees have released their draft Programmatic Environmental Impact Statement (PEIS) and their draft Restoration Plan for Phase III of early NRDA restoration projects. These projects, which were first announced April 30, will be funded through the $1 billion early NRDA funds that BP agreed to invest in restoration of damaged natural resources resulting from the 2010 Gulf oil disaster.

Leading national and local conservation organizations working on Mississippi River Delta restoration — Environmental Defense Fund, National Wildlife Federation, National Audubon Society, Lake Pontchartrain Basin Foundation and the Coalition to Restore Coastal Louisiana — released the following statement in response:

“More than three years after the largest oil spill in our nation’s history, today’s announcement is a positive step toward healing the battered Gulf. The Natural Resource Damage Assessment process moving forward through release of the PEIS signifies progress toward restoration. We encourage the NRDA trustees, BP and stakeholders to continue working together to implement these early restoration projects and help revive the Gulf Coast’s struggling natural resources.

“The trustees’ commitment to funding environmental projects in Louisiana, including nearly $320 million proposed for barrier island restoration, is an exciting advancement toward restoring the Mississippi River Delta. Barrier islands provide critical storm protection and are the first line of defense for New Orleans and other coastal communities. They also provide habitat for migrating birds and other wildlife, including the Louisiana brown pelican. These early restoration funds will help rebuild four barrier islands, including the Breton Island National Wildlife Refuge, which was ground zero during the oil spill.

“We look forward to reviewing and providing public comments on the draft PEIS and to working with the NRDA Trustees during the public comment period and the implementation stage to complete these vital restoration efforts. The communities and economies of the Gulf Coast and Mississippi River Delta have waited long enough for restoration, and these early restoration projects are a key step toward fairness and recovery.”

###

1 Comment

Mississippi River Delta Restoration Coalition submits comments on proposed RESTORE Act Treasury regulations

November 19, 2013 | Posted by Delta Dispatches in 2012 Coastal Master Plan, BP Oil Disaster, Gulf Coast Ecosystem Restoration Council, RESTORE Act

By Whit Remer and Elizabeth Weiner, Environmental Defense Fund

Earlier this month, the Restore the Mississippi River Delta Coalition submitted public comments to the U.S. Department of Treasury (Treasury) on a proposed rule governing disbursements from the Gulf Coast Ecosystem Restoration Trust Fund. The Trust Fund was established by the RESTORE Act, enacted in 2012, and is funded by 80 percent of the civil Clean Water Act penalties that have been, and will be, paid by the parties responsible for the 2010 Deepwater Horizon oil disaster. The Act mandates that the Trust Fund be housed within and managed by Treasury and requires that Treasury propose and finalize a rule, with input from the public, regarding its management protocols. This is common practice for federal trust fund management. It is important because funding cannot be disbursed from the Gulf Coast Ecosystem Restoration Trust Fund for urgently needed Gulf restoration until the rule promulgation process is complete.

Surveying oil sargassum. NOAA.

Surveying oil sargassum during the 2010 Gulf oil disaster. Creidt: NOAA.

Multiple federal rules, developed in similar manners, are necessary to implement the RESTORE Act. They may overlap with other implementation documents and reiterate statutory language. We believe that when overlap exists, the entities involved should ensure as much consistently and clarity as possible. For example, the RESTORE Act language and the Final Initial Comprehensive Plan direct the Gulf Coast Ecosystem Restoration Council’s funding allocation exclusively to ecosystem restoration projects. Our comments suggested that the language and instruction in the final Treasury rule could more clearly reflect that specific direction from Congress and the Council.

As part of its management role, Treasury must also develop a compliance and auditing program – compliance on the front end to verify that grant applications comply with statutory requirements, and auditing on the back end to ensure that applicants did what they said they would do with the funds. Within Treasury, the Treasury RESTORE program will handle some aspects of this, and Treasury Inspector General will handle others. Because of the RESTORE Act’s unique structure with different funding components, the Council also has compliance and auditing authorities. Our comments urged Treasury to more clearly delineate the compliance and auditing roles of each of these federal entities so as to minimize delays and duplication and maximize the amount of funding that can be spent directly on restoration efforts.

Louisiana's coastal crisis. CPRA.

Louisiana predicted land loss (red) and land gain (green) over the next 50 years. Credit: Coastal Protection and Restoration Authority.

Our comments also encouraged Treasury to consider adopting Louisiana’s 2012 Coastal Master Plan as the RESTORE Act’s mandatory state expenditure plan. To receive funds from the Spill Impact Component, states must submit a multi-year expenditure plan that describes each program, project and activity for which the state seeks funding. Due to Louisiana’s substantial land loss crisis, the state has already developed a science-based planning process. The most recent product of that process is the 2012 Master Plan for a Sustainable Coast. The State of Louisiana has dedicated, by state law, all funds from the RESTORE Act to its constitutionally protected Coastal Restoration and Protection Fund to be spent solely on projects in this plan. Recognizing that projects in the master plan still have to be sequenced for the purpose of serving as a RESTORE multi-year plan, we have advocated that the Plan meets, and often exceeds, the requirements of the State Expenditure Plan. If Treasury accepts the master plan process as compliant with the process set forth in the rule, the State of Louisiana will be ready to apply for RESTORE funds and utilize grant dollars more quickly.

Over the next few weeks, Treasury will read and consider comments submitted by the public as they prepare the final rule for the Gulf Coast Ecosystem Restoration Fund. The Council will also have to promulgate a rule regarding the RESTORE Act Spill Impact Component.

No Comments