Federal Level Activity
RESTORE Council and Plan
- On August 13, 2015, the Gulf Coast Ecosystem Restoration Council released its draft Initial Funded Priorities List (Draft FPL). The Draft FPL is the Council’s plan for distributing funds for projects related to the restoration of the Gulf. It proposes approximately $140 million worth of projects and programs, which will be funded with the monies from the Transocean settlement, in the federal “Council” pot.
- The Draft FPL
- The Draft FPL Project List
- For Monroe County, its noteworthy that the Council’s Draft FPL does not recognize for funding or projects any watershed areas in Florida south of the Tampa Bay area. Monroe County took the opportunity to submit comments during the open comment period to point out to the Council the ecological value of Monroe County’s Gulf region, in the hopes that we are recognized in future iterations of the FPL.
- Here is Monroe County’s letter to the Restoration Council
- To assist with understanding the Draft FPL, the Environmental Law Institute provided the following information:
RESTORE Council Draft Initial Funded Priorities List
On August 13, 2015, another important milestone in Gulf restoration was reached: the Gulf Coast Ecosystem Restoration Council released its draft Initial Funded Priorities List (“Draft FPL”). The Draft FPL proposes approximately $139.6 million worth of projects and programs, which will be funded with monies from the Transocean settlement, about $240 million of which were allocated to the Council (note that the much larger settlement with BP is not yet final, so the Council has yet to receive any of that funding). Note that the Draft FPL is not yet final: it is open for public comment until September 28, 2015. The Council anticipates that it will finalize the FPL by the end of the year.
What is the FPL?
As a refresher, the RESTORE Act diverts 80% of Clean Water Act civil and administrative penalties from the Deepwater Horizon oil spill to the Gulf. This money is split among five different buckets. One of these buckets is the region-wide Gulf Coast Ecosystem Restoration Council, a federal entity composed of federal agency officials and the governors of the five Gulf states. The Council will receive 30% of RESTORE Act funds (plus 50% of the interest). One of the Council’s main responsibilities is to carry out a comprehensive plan to restore and protect the Gulf’s natural resources. As part of that responsibility, the Council is required to develop “a prioritized list of specific projects and programs to be funded.” This is called the Funded Priorities List (or FPL). The FPL must be updated every year. The Draft FPL is the first FPL to be proposed.
What is in the Draft FPL?
Let’s start with some overarching points:
- The Draft FPL proposes approximately $139.6 million worth of projects and programs.
- The focus of the Draft FPL is on habitat and water quality.
- The proposed activities are in 10 watersheds. A number of Gulf-wide initiatives are also proposed.
- The Draft FPL includes two different categories of activities: Category 1 activities are those that are now being proposed for approval and funding (~$139.6 million worth of activities). Category 2 activities are those that are prioritized for further review and possible funding (they total about $43.6 million). The Council has made no commitment to fund the Category 2 activities, and they would be subject to further review (including public review) before being funded.
What do the Category 1 projects and programs look like? Here is a breakdown by state and watershed:
Under the Draft FPL, Louisiana will receive the most funding (37.4%), followed by Mississippi (17%), Florida (11.7%), Texas (9.6%), and Alabama (9.1%). Gulf-wide initiatives will receive about 15.2% of the funds. Also important to note is that, in some states (AL, LA, and MS), the focus is on one watershed, while in others (FL and TX) the focus is on multiple watersheds.
How is the rest of the Council money being spent?
As noted above, the Draft FPL proposes to spend around $139.6 million on projects and programs, which will be funded with monies from the Transocean settlement. But the Council was allocated a total of approximately $240 million from that settlement. Where does the rest of the money go? Here is the breakdown:
Gulf Coast Ecosystem Restoration Council (Federal Council)
The Council, which was established by the Resources and Ecosystem Sustainability, Tourism, Opportunities Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act), will help restore the ecosystem and economy of the Gulf Coast region by developing and overseeing the implementation of a Comprehensive Plan and carrying out other responsibilities.
The Gulf Coast Ecosystem Restoration Council released its Final Initial Comprehensive Plan: Restoring the Gulf Coast’s Ecosystem and Economy in August 2013.
The Council’s Comprehensive Plan establishes overarching restoration goals for the Gulf Coast region; provides details about how the Council will solicit, evaluate, and fund projects and programs for ecosystem restoration in the Gulf Coast region; outlines the process for the development, review, and approval of State Expenditure Plans; and highlights the Council’s next steps. The Council expects to release a Final Plan this summer.
All of this and additional information on the Council can be found on its website Restore the Gulf.
Monroe County’s Federal Council Projects
Monroe County has previously submitted two water quality improvement proposals for the Federal Council funding consideration: Canal Restoration and Wastewater. These projects were submitted to the Florida DEP portal last year. At that time the process for federal council funding had not been determined, but the early direction was to submit proposals for federal council funding into the State’s portal. Now that the Council has finalized its process and only members of the Federal Council may submit proposals, we have begun reaching out to various members of the Council to solicit their interest in advocating for our projects. We remain uncertain exactly how Council members will determine which projects they advance.
Backup Documents for Canal Restoration Proposal
- List of Keys Canals
- Phase I Canal Management Master Plan (CMMP) Report
- Aerial Photograph of Jolly Roger Estates showing culvert locations
- Project Descriptions of Organic Removal Canal Restorations
- DEP Grant for Bathymetry
- EPA Grant for Phase II CMMP
- Monroe County Stormwater Management Master Plan (SMMP)
- Florida Keys Reasonable Assurance Document (2011 revision)
Backup Documents for Wastewater Proposal
- Facilities Plan for Cudjoe Regional Wastewater System (2012) Part 1
- Facilities Plan for Cudjoe Regional Wastewater System (2012) Part 2
- Facilities Plan for Cudjoe Regional Wastewater System (2012) Part 3
- Environmental Assessment for Cudjoe Regional Wastewater System (2010)
- FDEP Permits for Cudjoe Regional Wastewater System
- Florida Keys Water Quality Improvement Program Management Plan (2006)
- Florida Keys Water Quality Programmatic Environmental Impact Statement (2004)
- Monroe County Sanitary Wastewater Master Plan (2000)
- National Marine Sanctuary Management Plan (2007)
- Florida Keys National Marine Sanctuary and Protection Act (1990)
- Map of the Florida Keys National Marine Sanctuary
- Florida Keys National Marine Sanctuary Water Quality Protection Program, EPA (1992, 1993) Phase I, Phase II
- Fisheries of the United States, NOAA, 2011
- Permits Cudjoe Regional Wastewater System