Item U05BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20 2013 Division: County Administrator
Bulk Item: Yes x No i Department:
Staff Contact /Phone #: Lisa Tenn x 4444
II z wux"LNU: Katification of Monroe County's comments on th Notice of Proposed
Rulemaking, Department of Treasury concerning the RESTORE Act program, submitted on November 5,
2013.
ITEM BACKGROUND: On September 6, 2013 the US Department of Treasury published the
regulations that will govern the expenditure of funds under the RESTORE Act, with a 60 day window to
offer comments. The comments were due back to Treasury November 5` 2013. Under the RESTORE
Act, civil fines paid by BP will be deposited into a trust fund to be used for projects and activities that
restore and protect the environment and economy of the Gulf Coast.
To summarize, the County's comments concerned the following recommendations:
• Streamline documentation to meet requirements for plans, grant applications, environmental
compliance and grant reporting.
• Provide direction on actual project implementation from the steps of inclusion in a plan to actual
construction, monitoring and assessment.
• Define all procedures now (such as content of plans, reporting, recordkeeping and auditing).
• Clarify and coordinate the steps for submitting plans, grant applications, grant awards, and
ultimately, any needed approvals before funds can be disbursed.
• Better define the flow of funds through the use of advance payments and reimbursements.
• Provide reimbursement for all pre-award costs incurred to date.
• Articulate how grant awards and sub-awards will be made.
• Clearly define direct and indirect costs that are related to planning and administration.
• Create clear requirements for the content of multi-year implementation plans ("MYlPs").
• Define the National Environmental Policy Act ("NEPA") requirements for projects and plans.
• Define how plans can be modified and what the approval process will be for them.
rKEVIVUN RELEVANT BOCC ACTION:
%-VIN I KAU I /AUKEEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 0 - INDIRECT COST:
BUDGETED: Yes —No — DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No AMOUNT PER MONTH Year
APPROVED BY: County At OMB/Purchasing — Risk Management
DOCUMENTATION: Included Not Required_
DISPOSITION: AGENDA ITEM #
Revised 7/09
County of Monroe
The Florida. Keys
Monroe County
Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 292 -4441 — Phone
(305) 2924544 - Fax
Department of the Treasury
Attention: Ms. Janet Vail
Room 2050
1500 Pennsylvania Avenue, NW
Washington, D.C. 20220
November 4, 2013
BOARD OF COUNTY CQMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem Heather Carruthers, District 3
Danny L. Kolhage, District I
David Rice, District 4
Sylvia J. Murphy, District 5
Via Rulemaking Portal.• www.regulations.gov
Re. Comments on Notice of Proposed Rulemaking, Department of the Treasury. 31 C. RR Part 34.
Federal Register Number. 2013 - 21595.
Docket ID: TRE4S -DO- 2013 - 0005-0001; RIN. 1505 -AC44.
Dear Ms. Vail:
Please accept these comments for the abovementioned Notice of Proposed Rulemaking for 31 C.F.R., Part 34 ( "the
Rule ") concerning the investment and use of amounts deposited in the Gulf Coast Restoration Trust Fund established
in the Treasury by the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revised Economies of the
Gulf Coast States Act of 2012 ( "RESTORE Act" or "the Act "). Monroe County ( "the County") appreciates the
significance of the Rule and the opportunity to provide comments in this rulemaking process.
It is important to note Florida's degree of coastal vulnerability to the Deepwater Horizon Oil Spill disaster. With
almost 770 miles of coastline on the Gulf of Mexico, Florida constitutes almost half of the combined coastlines of the
five Gulf States. Within Florida, the County (which includes the Florida Keys within its boundaries) is the largest
county in geographic area and is one of only 4 designated Areas of Critical State Concern. The County has a total area
of 3,737.15 square miles, of which 996.91 square miles (or 26.68 %) is land and 2,740.24 square miles (or 73.32 %) is
water. The Florida Keys extend 233 miles southwestward in a gradual arc from Biscayne Bay to the Dry Tortugas in
the Gulf of Mexico. The Florida Keys contain one of the Country's most diverse assemblages of terrestrial, estuarine,
and marine flora and fauna. The region includes the vast freshwater wetlands of the Florida Everglades and Big
Cypress, the transitional areas where the waters of the Everglades discharge into the estuarine environment of Florida
Bay, one of the world's largest coral reef tracts (the only one in the continental United States), the largest contiguous
seagrass community in the world and unique subtropical habitats in the island chain. The environmental setting of the
Keys is exceptional and unique, making the region a major travel destination. Due to the County's location; it's
unique and diverse biota; the conservation requirements and habitat protections; the Keys archipelago is a unique part
of the natural heritage of the United States. In the Florida Keys, the economy is integrally linked to, and dependent
upon, the health of our environment.
The impact of the Deepwater Horizon Spill on the five (5) states across the Gulf of Mexico has been devastating, but
implementing the Act provides a much needed opportunity for the recovery to start addressing the environmental and
economic impacts we all felt. This Rule will implement the Act which will guide that recovery. While the County
strongly supports the expeditious implementation of projects and distribution of funds under the Act, we wish to
underscore the importance of this Rule. This Rule will set the stage for a restoration program that will be implemented
over several years. Creating a solid roadmap now for that recovery is absolutely critical to its success.
Please accept the attached comments on the Rule in strike/underline form. We understand that this is a first Draft of
the Rule, but in the spirit of providing the most meaningful input, we believe that this format will be most helpful. Our
comments are provided addressing the following key issues:
The Process
• Create new definitions, or modify existing ones, to assist in the interpretation of terminology and
process.
• Ensure consistency between the language in the Rule and the Act.
• Streamline documentation to meet requirements for plans, grant applications, environmental
compliance and grant reporting.
• Provide direction on actual project implementation from the steps of inclusion in a plan to actual
construction, monitoring and assessment.
• Define all procedures now (such as content of plans, reporting, recordkeeping and auditing) and
do not defer this guidance for development at a later date or, in the alternative, create a
transparent process for finalizing those procedures.
• identify a process to review and revise the Rule if necessary.
The Flow of Funds
• Clarify and coordinate the steps for submitting plans, grant applications, grant awards, and
ultimately, any needed approvals before funds can be disbursed.
• Better define the flow of funds through the use of advance payments and reimbursements,
• Provide reimbursement for all pre-award costs incurred to date.
• Articulate how grant awards and sub-awards will be made.
• Clearly define direct and indirect costs that are related to planning and administration.
The Planning and Environmental Compliance Processes
Create clear requirements for the content of multi-year implementation plans ("MYlPs").
Define the National Environmental Policy Act ("NEPA") requirements in the implementation
process through the use of categorical exclusions, environmental assessments and environmental
impact statements for both Plans and projects.
Define how plans can be modified and what the approval process will be for them.
The County appreciates the enormous task of Fwalizing this Rule and the tremendous effort it will take to review and
address the significant comments that likely will be received. Because there is so much interest in this Rule, Treasury
could consider publishing a supplemental draft for additional public review and comment. To emphasize, the County
does not want to delay the process for funds distribution, but we do believe this Rule is too important to not resolve
these issues now. We are at the forefront of creating a multi-year restoration and recovery program for the Gulf of
Mexico, Having a Rule that is unclear will result in more delay and slow down that process that is so desperately
needed.
We took forward to working with you as you finalize this Rule and consider ourselves a partner in that process. For
any addit' al inform ion on these Rule comments, please do hesitate to contact myself or Lisa Tennyson at
305.29 VC44.
IA 4 4iono
since ly,
eorge R. Ne ent
Mayor of Monroe County
Rule-Specific Comments:
PART 34—RESOURCES AND ECOSYSTEMS SuSTAINABImY, TOURIST OPPORTUNITIES, AND REVIVED
ECONOMIES OF THE GULF COAST STATES
yvunarta —san,ra/Pnwigvns
Sec.
34.1 Purpose.
34.2 Definitions.
Subpart B — Trva Fund
a4.zOn The Trust Fund.
34.101 Investments.
34.znz Interest earned.
34.zO3 Allocation offunds.
34.104 Expenditures.
34.105 Waiver,
Subpart C— Eligible Activities for the Section azz(t) Gulf RESTORE Components
34.200 General,
34.2Oz Eligible activities for the Direct Component.
a4.zoz Eligible activities for the Comprehensive Plan Component.
z4.zoa Eligible activities for the Spill Impact Component.
34.zo4 Limitations ooactivities.
34.ms Limitations on administrative costs and administrative expenses.
34.206 Audited financial statements and audits.
Subpart o— Gulf RESTORE Program - Direct Component
34.300 General.
34.anz Responsibility for administration.
34.3uz Allocation offunds.
3*.aoz Application procedure.
a4.3m1 Grant award process.
34ans Use offunds.
34.306 Reports.
34.307 necvrdkecpino.
34.308 Audits.
Subpart s— Gulf RESTORE Program - Comprehensive Plan Component
34.400 General.
z4.*o1 Responsibility for administration.
a4.4oa Application procedure and grant award process.
34.4na Use uffunds.
34.404 Reports,
34.405 necuruxeevinm.
34.406 Audits. ~
Suupartp — mw/fnssronspnmram - spm/mpactcmmponent
34.500 General.
34.soz Responsibility for administration.
a«502 Allocation offunds.
34soa State Expenditure Plans.
34s04 Grant administration.
a4sos Use nffunds.
34.506 Reports.
34.507 neourdkeeping,
34.508 Audits,
svuparts — moAAncsroncmctsciemzp,ogram
34.600 General.
34.onz Responsibility for administration.
s4.000 Activities for the mOxx RESTORE Act Science Program.
34.00a Limitations nnactivities.
34.on4 Limitations vn administrative expenses.
34.605 Records.
34.606 xecnrdkccpina.
34.607 Audits,
subpartx - cevtersmcxceoencenesaa,ch Grants Program
34.700 General.
a4.roz Responsibility for administration.
s4.ma Allocation nffunds.
z4JOs Application procedure.
a4JO4 Use of grant funds and eligible activities.
3«JOs Ineligible activities.
34.706 Reports,
34.707necordkeeping.
34.708 Audits.
svbpart| —xo,eementa
34.800 General.
34aoz Grant agreements.
34.802 Certifications.
34.803 Conditions.
34.804 Records.
34.805 Noncompliance.
Other Section of Pr
subpartx —senem/pmvmons
§34.zPurpose.
This part describes policies and procedures applicable to the following programs authorized under the
Resources and Ecosystems Sustainabi|it» Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act ufzn1z (RESTORE Act):
(a) Gulf RESTORE Program:
(1) Direct Component (subpart o)
<z> Comprehensive Plan Component (subpart c)
(3) Spill Impact Component (subpart p)
(b)woxA RESTORE Act Science Program (subpart G)
(c) Centers nf Excellence Research Grants Program (subpart n>
§ 34.2 Definitions.
As used in this part:
Act means the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012.
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Alabama Gulf Coast Recovery Council means the entity identified in section 311(t)(1)(F)(i) of the Federal &M I n'p 0# a i�xg
Water Pollution Control Act, as amended by the RESTORE Act. Formatted: Font: +Body (Caiibri), 11 pt, Not l
" A U , nne r� u r n ti c r� �t� rt i ffl funds; fa( Italic J
" ,ar to oa it COm . tf �C1 ... fire pan af u %
Award means grants cost reimbursement contracts and other agreements between a recipient and arOa "tea
Treasury or the Council °" n y
m e a ns sci --- -- ---- - -- --- -- -- -- ----t __ -_ ---
Best available science means that maximizes the quality, objectivity , and integrit y of - Formatted: Font: +Body (Calibri), 11 pt, Not �,
information, including statistical information; uses peer- reviewed and publicly available data; and clearly Italic
documents and communicates risks and uncertainties in the scientific basis for such projects. �^ Font: Not Italic
Centers of Excellence Research Grants Program means the program authorized by section 1605 of the
Act.
Coastal political subdivision means any local political jurisdiction that is immediately below the State
level of government, including a county, parish, or borough, with a coastline that is contiguous with any
portion of the United States Gulf of Mexico. The term includes any of the disproportionately affected
counties and nondisproportionately impacted counties in Florida, as defined below.
Coastal zone parishes means the parishes of Ascension, Assumption, Calcasieu, Cameron, Iberia,
Jefferson, Lafourche, Livingston, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John the
Baptist, St. Martin, St. Mary, St, Tammany, Terrebonne, Tangipahoa, and Vermilion in the State of
Louisiana.
Comprehensive Plan Component means the component of the Gulf RESTORE Program authorized by
section 311(t)(2) of the Federal Water Pollution Control Act, as added by section 1603 of the Act, in
which funds are provided through the Council, in accordance with a plan developed by the Council, to
entities to carry out the purposes of the Act.
Administrative expenses means the expenses incurred by the Council to administer the Comprehensive
Plan Component, and NOAA to administer the NOAA RESTORE Act Science
Program, that are for general management functions, general ledger accounting, budgeting, human
resource services that do not directly support a specific proiect or service general procurement services,
and general legal services but not readily assignable to a particular program or project funding stream
Oversight and monitoring activities are classified as administrative when the activity overseen or
monitored is administrative rather than programmatic in nature.
Contractor means a dealer, distributor, merchant or other seller providing good or services that are `
required for the conduct of z -,- Trust Fund. These goods or services may be for an organization's own
use or for the use of beneficiaries of the Trust Fund. -
Council means the Gulf Coast Ecosystem Restoration Council, an independent entity in the Federal
Government whose members are the Governors of the Gulf Coast States; the Secretaries of Agriculture,
the Army, Commerce, and the Interior; the head of the department in which the Coast Guard is
operating, and the Administrator of the Environmental Protection Agency (or their designees at the level
of Assistant Secretary or the equivalent).
Deepwater Horizon oil spill means the blowout and explosion of the mobile offshore drilling unit
Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the
environment.
Direct Component means the component of the Gulf RESTORE Program authorized by section 311(t)(1)
of the Federal Water Pollution Control Act, as added by section 1603 of the Act, in which Gulf Coast
States, coastal zone parishes, disproportionately affected counties, and nondisproportionately impacted
counties are provided funds directly by Treasury to carry out the purposes of the Act.
con"na [ ^]; Dohm Bum MM as WW 4
Disproportionately affected counties means the counties of Bay, Escambia, Franklin, Gulf, Okaloosa, Of SUN M kft 1 WM FKM tWwt o
a sI nN4E
Santa Rosa, Wakulla, and Walton in the State of Florida.
Eligible Activities means those activities authorized for expenditure pursuant to approved Multi Year Formatted: Font: +Body (Calibri), 11 pt, Not
Implementation Plans or State Expenditure Plans including activities to promote tourism and seafood in Italic
the Guff Coast region. - - Formatted: Font: Not Italic
Environmental review and compliance procedures means the procedures under applicable Federal and
state environmental laws.
Federal Water Pollution Control Act means 33 U.S.C. 1251 et seq.
Entity means non - Federal entity - Formatted: Font: +Body (Calibri), 11 pt, Not
Funding Period means the period of time when Federal funding is available for expenditure by the Italic
recipient."" _ _ Formatted: Front: (Default) +sody (calibri),
Grant means an award of financial assistance the principal purpose of which is to transfer a thing of 11 pt, Not Italic
value from a federal agency to a recipient to carry out the purposes of section 311(t)(2) of the Federal
- - _ Formatted: Font: +Body (Calibri), 11 pt, Not
Italic
uu7 Loasr region means:
(1) In the Gulf Coast States, the coastal zones defined under section 304 of the Coastal
Zone Management Act of 1972 that border the Gulf of Mexico;
(2) Land within the coastal zones described in paragraph (1) of this definition that is held in trust by, or
the use of which is by law subject solely to the discretion of, the Federal
NOAAi ----------- - - - - -- -------- - - - - -- - - -- I - E(FD �
me ans the National Oceanic and Atmospheric Administration, I C*fflP Pgafn axa bmk fl . ft a d
NOAH RESTORE Act Science Program means the program authorized by section 1604 of the Act. defies'
Nondisproportionately impacted counties means the counties of Charlotte, Citrus, Collier, Dixie, Formatted: Font: +Body (calibri), 11 pt, Not
Hernando, Hillsborough, Jefferson, Lee, Levy, Manatee, Monroe, Pasco, Pinellas, Sarasota, and Taylor in Italic
the State of Florida.
Pre -award Costs means those costs incurred P r i o r to the effective date of an award directly pursuant to
the negotiation and in anticipation of the award where such costs are necessary to comply with the
proposed delivery schedule or period of performance Such costs are allowable only to the extent that
they would have been allowable if incurred after the date of the award and only with the approval of
the awarding agency." _
orate, coastal political subdivision or p b r t b ias established conditions substantively _ _ pl.2j- p r& M m jwt th ,,, t g
the same as those described herein and the Proiect or program carries out 1 or more eligible activities j � a 4 a op
Procurement relationship means the relationship between an entity and a contractor when the entity pmocft a p P @vh4, W 0* V,
receiving Trust Funds provides the goods and services within normal business operations provides
Formatted: Font: +Body (Calibr ), 11 pt Not
similar goods and services to many different purchasers is typically in a competitive environment and is Italic
not subject to compliance requirements of the Trust Fund as a result of the subaward although similar
requirements may apply for other reasons " "'
` -- - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - For matted: Font: Not Italic
Program Income means gross income received by the recipient or subrecipient directly generated by an
award supported activity, or earned only as a result of the award during the award period which is the
time between the effective date of the Federal award and the ending date of the Federal award
reflect in th notice of awar d.— - Formatted; Font: Notltajic
r' u � w yr, •� n, ': .�n � R,a «�. w _ x - "
Government or officers or agents of the Federal Government;
(3) Any adjacent land, water, and watersheds, that are within 25 miles of the coastal zone described in
paragraphs (1) and (2) of this definition; and
(4) All Federal waters in the Gulf of Mexico.
Gulf Coast State means any of the States of Alabama, Florida, Louisiana, Mississippi, and Texas.
Gulf Coast State entities means the parties delineated in § 34.702 as being eligible to administer the
Centers of Excellence research grants in their respective states.
Spill Impact Component means the component of the Gulf RESTORE Program authorized by section
311(t)(3) of the Federal Water Pollution Control Act, as added by section 1603 of the Act, in which Gulf
Coast States i` a 4 tg . prRt� t i !!! :ire provided funds by the Council ac_cor_ding to a form_ ula
that the Council establishes by regulation, using criteria listed in the Act.
State Expenditure Plan means the plan that each Gulf Coast State or other authorized entity must
submit to the Council for the expenditure of amounts disbursed under the Spill Impact Component.
pt J t b r WVARM for t recipi
l rry nut 1mart of % NPiior m fnr e hik R *k.
imardof poot rur* r a-lfor
ben efi clar _OP .n.
� � �` " A Subrecipient may also be a recipient of other Federal awards directly from a Federal - �( ][: al �tr�
awardinaagency - - - - -- - -- -- Rodoffi
Treasury means the U.S. Department of the Treasury, the Secretary of the Treasury, or his /her designee. - ( Formatted: Font: +Body (Caiibri), 11 pt, Not
Trust Fund means the Gulf Coast Restoration Trust Fund. Italic
Working capital advance means a procedure whereby funds are advanced to the recipient to cover its
estimated disbursement needs for a given initial period if a recipient cannot meet the criteria for
advance payments and reimbursement is not feasible "" Formatted: Font: Not Italic
-- - - - - - -- - - - - - - - --
Subpart B - Trust Fund
§ 34.100 The Trust Fund.
Treasury will deposit into the Trust Fund an amount equal to 80 percent of all administrative and civil
penalties paid after July 6, 2012 by responsible parties in connection with the explosion on, and sinking
of, the mobile offshore drilling unit Deepwater Horizon pursuant to a court order, negotiated
settlement, or other instrument under section 311 of the Federal Water Pollution Control Act. The
authority for the Trust Fund will terminate on the date all funds owed to the Trust Fund have been
returned, and all funds have been expended.
§ 34.101 Investments.
The Secretary of the Treasury will invest such amounts in the Trust Fund that are not, in the judgment of
the Secretary, required to meet needs for current withdrawals. The Secretary may invest in interest -
bearing obligations of the United States, having maturities suitable to the needs of the Trust Fund as
determined by the Secretary. These obligations will bear interest at rates described in 31 U.S.C. 9702,
unless the Secretary determines that such rates are unavailable for obligations with suitable maturities.
In that event, the Secretary will select obligations of the United States bearing interest at rates
determined by the Secretary, taking into consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities.
§ 34.102 Interest earned.
Interest earned on Trust Fund investments will be available as described in § 34.103(b).
§ 34.103 Allocation of funds.
The amounts in the Trust Fund are allocated among the programs in § 34.1.
(a) Available funds in the Trust Fund, other than interest, are allocated as follows:
(1) Thirty -five percent in equal shares for-t sB_ n - Golf Coast States Coastal xope p rbshes, _ �i
P 5, -be used funds for implementing the Direct Component of the Gulf RESTORE
- - -- - - - --
_ - ' r 9 at u B
- - - --
Program. -
the R ual i has XV S W N to 'Sta m j
(2) Thirty percent for the Council to be used for the Comprehensive Plan Component of the Gulf
��� d
RESTORE Program.
-�
(3) Thirty percent yR5 flL for formula distribution to Gulf Coast States or other authorized
--------------------- - - - - -- -- - - - - -- - -
t[ �n f % t �
--
entities be used for the Spill Impact Component of the Gulf RESTORE Program.
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��
(4) Two and one -half percent to be used for the NOAA RESTORE Act Science Program.
(5) Two and one -half percent in equal shares for the Gulf Coast States to be used for the Centers of
Excellence Research Grants Program.
(b) Within ten days of the close of a Federal fiscal year, available funds equal to the interest earned on
the Trust Fund investments will be allocated, as follows:
(1) Twenty-five percent to be used for the NOAA RESTORE Act Science program.
(2) Twenty-five percent for the Centers of Excellence Research Grants program.
(3) Fifty percent for the Comprehensive Plan Component.
§ 34.104 Expenditures.
Amounts in the Trust Fund will be available for expenditure solely for eligible activities, n Mtv t n
rw I o 3Ux, costs, and administrative expenses without fiscal year limitation f
r to _ how
wthgdas , . ecipient must minimize the the receipt of funds and
the disbursement of those funds.
§ 34.105 Waiver.
To the extent not inconsistent with applicable law, Treasury may waive or modify a requirement in these
regulations in this part in a single case or class of cases if the Secretary determines, in his or her sole
discretion, that the requirement is not necessary for the deposit of amounts into, or the expenditure of
amounts from, the Trust Fund. Treasury will provide public notice of any waivers or modifications
granted.
Subpart C - Eligible Activities for the Section 311(t) Gulf RESTORE Components
§ 34.200 General.
This subpart describes policies and procedures regarding eligible activities and restoration priorities
applicable to the Direct Component, Comprehensive Plan Component, and Spill Impact Component.
Su E, F, and I of this
part describe additional requirements that must be met _befeFefor an N OW � d no t
- - - -- - ----- - - - - - -
--
activity canto receive funding. ° f ft she MJu"tr umr 04M must Iso i
may be used to car out an activity p y i -Pp b .m, N " , % TM§I ro s es'
(a) Trust Fund money Y carry ty in whole or in art onl f the following ?rom afm fw ""I expWMAL"
requirements are met: m"t be r Want fw m m d
(1) Costs incurred, whether charged on a direct or indirect basis, must conform with the
g bh" Ir °cu,N „s uad
Leg— ..?.;
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(2) The activity must meet the eligibility requirements of the Gulf RESTORE Program as defined in §§ ._.u„ , •_ __, ,. a._..1
34.201, 34.202, or 34.203, according to component.
(3) Environmental review and compliance procedures must be complied with for each program, project, _ _ _
or activity, �p � � r g s as appll b1oL4, "GraRt Award agreements may provide for pre -award costs - � � t ]� r xs t s
of environmental review and compliance in the manner prescribed by applieable QPAB eiFewlars and r www ano stat, *Moflvas ow wI9I Mww
rya pay
ga+da+�ce applicabEe OMB circulars and guidance the Act and other Federal policies and regulations w m-- n - ...
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(b) Amounts provided pursuant to the Direct Component may be used to carry out 1 or more of the - Comment ff Tnkou so wwoes IM
following activities in the Gulf Coast region:
W Promotion of tourism in the Gulf Coast region including recreational fishing
12) Promotion of the consumption of seafood harvested from the Gulf Coast region
§ 34.202 Eligible activities for the Comprehensive Plan Component.
The Council's activities under section 311(t)(2) and (3) of the Federal Water Pollution Control Act are
eligible for funding from the Comprehensive Plan Component, including the following:
(a) The Council may expend funds for 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 Region. All Council projects and programs
must be carried out in the Gulf Coast Region and be adopted in the Comprehensive Plan.
L4) Activities funded through the Direct Component, Comprehensive Plan Component, and Spill Impact
F tntsn0&rw t wtow ®p ftj°o be
Component may not be included in any claim for compensation presented to the Oil Spill Liability Trust
Fund after July 6, 2012.
(6) Gulf Coast States coastal political subdivisions coastal zone parishes or other authorized entities
may seek reimbursement of administrative costs to the extent permitted by Federal law."' Such costs
should also be identified in a grant application for approval by Treasury or the Council
(b) A Gulf Coast State, coastal political subdivision, coastal zone parish or other authorized entity may
use funds available under the Direct Component or Spill Impact Component to satisfy the non- Federal
cost-share of a project or program that is an eligible activityir?nd authorized by ,
- Comment [ OaO o 1,0
Federal law.
WNW M M WO It 4491F , atN % 0001V
§ 34.201 . s for Ote Direct Comporwrit.
� Md Of a t SOS O pfa st `
-
The following activities are eligible for funding under the Direct Component. Activities in paragraphs (a) �'
i 0 ,
throug
g (g) of this section are eligible for funding to the extent they are carried out in the Gulf Coast
t>�;xdrx� ntx�
Region. Programs, projects, and activities designed to protect or restore natural resources must be
" "�'�
based on the best available science.
(a) Amounts provided pursuant to the Direct Component may be used to carry out 1 or more of the
following activities in the Gulf Coast region:
(1a) Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife
habitats, beaches, and coastal wetlands of the Gulf Coast Region.
(2b) Mitigation of damage to fish, wildlife, and natural resources.
(e3) Implementation of a Federally- approved marine, coastal, or comprehensive conservation
management plan, including fisheries monitoring.
L444) Workforce development and job creation.
(5e) Improvements to or on State parks located in coastal areas affected by the DeepwaterHorizon oil
Spill,
(6€) Infrastructure projects benefitting the economy or ecological resources, including port
infrastructure.
(7g) Coastal flood protection and related infrastructure.
PFE)MOt ef tOWFiSrn in the Gulf Coast Region, includiRg
_(h) pFeMEA Of FeffeatieRal fiShiRg.
Comment f Taus Womb Np Pn
d Am 1 4 40 d bo pw uded a ft firW NOM
i
(b) Amounts provided pursuant to the Direct Component may be used to carry out 1 or more of the - Comment ff Tnkou so wwoes IM
following activities in the Gulf Coast region:
W Promotion of tourism in the Gulf Coast region including recreational fishing
12) Promotion of the consumption of seafood harvested from the Gulf Coast region
§ 34.202 Eligible activities for the Comprehensive Plan Component.
The Council's activities under section 311(t)(2) and (3) of the Federal Water Pollution Control Act are
eligible for funding from the Comprehensive Plan Component, including the following:
(a) The Council may expend funds for 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 Region. All Council projects and programs
must be carried out in the Gulf Coast Region and be adopted in the Comprehensive Plan.
(b) The Council may expend funds to develop and publish the proposed and initial Comprehensive Plans,
and to carry out, amend, and update the Comprehensive Plan as required by the Act or as necessary.
(c) The Council may expend funds to prepare annual reports to Congress, and other reports and audits
required by the Act, these regulations, and other Federal law.
(d) The Council may expend funds to establish and operate one or more advisory committees as may be
necessary to assist the Council.
(e) The Council may expend funds to collect and consider scientific and other research associated with
restoration of the Gulf Coast ecosystem, including research, observation, and monitoring.
(f) Administrative expenses.
0 34.2 D3 Eligible activities for the $ ill Impact Com _' e - - mp - - - - - - m - - - - - - - - .. feA 21 t t n .. t he Am
Programs, projects, a nd activities eligible for funding under the Spill Impact Coonent ust im rove
the ecosystems or economy of the Gulf Coast region meet the eligibility criteria set forth in § 34.201-,-as
and be included in a State Expenditure Plan for the expenditure of amounts that
meets the following criteria
(a)
tel:
(a} -The projects, programs, and activities included in the State Expenditure Plan must contribute to the
overall economic and ecological recovery of the Gulf Coast.
(b) The plan must take into consideration the Comprehensive Plan and be consistent with the goals and
objectives of the Plan.
§ 34.204 Limitations on activities.
The following limitations apply to the activities of §§ 34.201, 34.202, and 34.203.
(a) Acquisition of land or interests in land by purchase, exchange, or donation must be from a willing
seller.
(b) None of the Trust Fund amounts may be used to acquire land in fee title by the Federal Government
unless the land is acquired by exchange or donation or the acquisition is necessary for the restoration
and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches,
and coastal wetlands of the Gulf Coast Region and has the concurrence of the Governor of the State in
which the acquisition will take place.
§ 34.205 Limitations on administrative costs and administrative expenses.
(a) Of the amounts received by a Gulf Coast State, coastal political subdivision, or coastal zone parish cry
from the first fiscal year it receives funds through the end of the most Jettiomm the cou" t"'INI 9 f0owe
recent fiscal year. g0r Ji t h e 4
-r , s no 4 uth
(b) Of the amounts received by the Council under the Comprehensive Plan Component, not more than Au%Hja� y
three percent may be used for administrative expenses, including staff. The three percent limit is
N..w- ar�rr
applied to the total amount of funds received by the Council, beginning with the first fiscal year it
receives funds through the end of the fourth, or most recent fiscal year, whichever is later.
(c) With respect to the Alabama Gulf Coast Recovery Council, administrative duties may only be
performed by public officials and employees that are subject to the ethics laws of the State of Alabama.
Trust Fund amounts may not be used for the administrative costs of other personnel.
§ 34.206 Audited financial statements and audits.
Not later than December 1, 2014 and each year thereafter, the Council must prepare and submit to the
Secretary of the Treasury an audited financial statement for the preceding Federal fiscal year, covering
all accounts and associated activities of the Council.
(a) Each audited financial statement under this section must reflect:
(1) The overall financial position of the accounts and activities covered by the statement, including
assets and liabilities thereof.
(2) Results of operations of the Council.
(b) The financial statements must be prepared in accordance with the form and content of the financial
statements prescribed by the Director of the Office of Management and Budget for executive agencies
pursuant to 31 U.S.C. 3515, consistent with applicable accounting and financial reporting principles,
standards, and requirements.
(c) The Treasury Inspector General may conduct performance audits and reviews of the Council's
accounts and activities as the Inspector General deems appropriate.
Subpart D - Gulf RESTORE Program - Direct Component
§ 34.300 General.
This subpart describes the policies and procedures applicable to the Direct Component of the Gulf
RESTORE Program. The funds made available under this subpart will be in the form of a grant.
§ 34.301 Responsibility for administration.
Treasury is responsible for awarding grants and administering grants and m -am agreements under
Commatt, jowl: pt coose d ova unAf9 t
this subpart. Treasury may develop and apply policies and procedures consistent with this subpart,
nrniat�rr�rrr
applicable Federal policies, and the Act which may be subject to public notice and comment consistent
L a11# r ._r .w...
with applicable law Treasury will establish and implement a program to monitor compliance with its
gram award agreements. Grant recipients that subaward performance of all or a portion of a scope of
work to subrecipients for amounts from the Trust Fund will be responsible for monitoring compliance
with award agreements,"
§ 34.302 Allocation of funds.
The amounts made available in any fiscal year from the Trust Fund and allocated to this component will
be available in equal shares few across each of the Gulf Coast States provided directly to coastal zone
parishes or coastal political subdivisions"' for expenditure on eligible activities. The following entities _
- i ONt
are eligible to receive Direct Component grants =Lyfrom the 1°r
j A= W wkftiialtrnffirn i, — s
(a) The amounts available to Alabama will be provided directly to the Alabama Gulf Coast Recovery
Council, or such administrative agent as it may designate.
f im prrd E no
E
(b) Of the amounts available to Florida, 75 percent of funding will be provided directly to the eight
9 � r
disproportionately affected counties. Treasury will divide the funds among these counties according to
the formula mutually- agreed upon by the counties and included in the multiyear implementation plan
submitted by each disproportionately affected county.
(c) Of the amounts available to Florida, 25 percent of funding will be provided to the _
- s �dto M "
nondisproportionately impacted counties. Treasury will divide the funds among these counties
according to the formula in section 311(t)(1)(C)(ii) of the Federal Water Pollution Control Act.
-•�• m a_
(d) Of the amounts available to Louisiana, 70 percent will be provided directly to the Coastal Protection
and Restoration Authority Board of Louisiana.
(e) Of the amounts available to Louisiana, 30 percent will be provided directly to the coastal zone
parishes based on the formula in section 311(t)(1)(D)(i) of the Federal Water Pollution Control Act. No
parish will receive funds until its chief executive has certified to the Governor of Louisiana, in a form
satisfactory to the Governor or the Governor's designee, that the parish has completed a
comprehensive land use plan that is consistent with, or complementary to, the most recent version of
the State's Coastal Master Plan approved by the Louisiana legislature.
(f) The amounts available to Mississippi will be provided directly to the Mississippi Department of
Environmental Quality.
(g) The amounts available to Texas will be provided directly to the Office of the Governor or to an
appointee of the Governor.
10
§ 34.303 Application procedure.
1 _ �#'. Treasury will - - COMMOnt (41 rbe th ate, pr
develop an application process for grants and implementation of eligible activities available under this km 134,104 W*N&Oy & Orl, TbLi t000m
subpart that is consistent with da"e?�r a mst
p the applicable OMB circulars and �.
guidance, the Act and other Federal policies and regulations and seek public review and comment on
that ., process At a minimum, the procedure will include the following:
(a)d i,a8 r air it fhb rpst Fn n �yipp�ent mi 9 f fh ""
a' "- ��ultiyear implementation plan to Treasury describing each program, project,
and activity applie for either rnd���uR ali Or OIN�iy ltt which it ^Rs funding is . , so-ui t -
i'
he Direct Colmoonent must be
rbtOn
ra For each program, proiect and activity the plan
tu�ui, �aatiwysr�
include a narrative description showing need, purpose, and objectives; identification of the eli
- - - -- - -- - --
Comment
activity under which it qualifies; location; budget; milestones; projected completion dates; and criteria
C J„: s that rip ovsad
id+ r Furafed Ur4ot rout
the applicant will use to evaluate the success of or performance goals for each activity in helping to
restore and protect the Gulf Coast region impacted by the Deepwoter Horizon oil spill. Plans can be
f COMMOnt (0421',' t ,
phased or incremental and may be modified The applicant must also state whether it has applied
either individually or collectively through agreement with other applicants for a grant to fund the
program, project, or activity gursunt tq_ 4ndef funding sources in any other part of the Actin whether
j A Sri l For the State of Louisiana parishes, the applicant must submit
Com x nt [MM' It of apv#N Eark4n it Nao s
information demonstrating compliance with § 34.302(e). Treasury wi t
�ay- ll require a standard forma'
I"`I'"'��� " J
for the plans and additional information.
Comment (10441. 0 at nra saiii POO&W i
(b) An applicant may satisfy some or all of the requirements in §§ 34.303(a) and 34.802(a) through (e) if
t #1 nWaataNN w itir, Okeet
it can demonstrate in its application to Treasury that before July 6, 2012:
I nn4
(1) The applicant established conditions to carry out projects, programs, and activities that are
substantively the same as the conditions required in § 34.303(a)y& _ jq d!f
_ - - - - - - -
a dmrya tkanor
) >;E�. 'Ay
- --- - - - - -- - - - - - - - - -
(2) The applicable program, project, or activity qualified as one or more of the eligible activities in §
r0 a arnaatly be
34.201.
&POWobta to CPRA MnOW an bsA timore may be
The
WWW nwCan a sw am t'MO W: expadliff MY11PA
c applicant rat include �Of r
() supporting : rnatiop ant o ica that proposed activities
...
i Oi .� a.. . ._ _ .�.. �� ._.._.
COW
- - 1. P aragrap h "co Ow
in Ow An a 842 ,'..
�.� 19
- - I utf t)m that - Pa what - i iFft an away I
t{ k deaf that rha to aw fttrw"ot Nat ads jppcoy i
ra 4ra anb Cis r "Pandillow
11
§ 34.304 Grant award process.
Upon determining that thean application and plan meets the requirements of these regulations and the
Act, Treasury will offer the applicant an grant award agreement that complies with subpart I
§ 34.305 Use of funds. - - - - - - - -
(a) An activity may be funded in whole or in part if the applicable requirements of subparts C and D of
this part are met. Plans can be phased or incremental and may be modified Unexpended funds at the
and of the grant period m conclusion of t project, program, m activity, whichever u later, must be
returned to the Trust Fund.
<W When v^mndinu contracts to carry out a project or nmoom under the Direct Component, a Gulf
Coast State, coastal political subdivision, o, coastal zone parish may give preference to individuals and
companies that reside in, are headquartered in, o, are principally engaged in business in the State of
project execution,
§ 34.306 Reports.
Gfa*tee8�g1��ntsmu`t submit timely reports as prescribed uvTreasury.
§a4.so7neco,dkeepino.
sfa44tee@u J sbmnts must maintain records as prescribed hv Treasury and make the records available to
Treasury, including the Treasury Inspector General.
§a4.auaAudits.
Treasury, including the Treasury Inspector General, may conduct audits and reviews of
mfa* accounts and activities as deemed appropriate byTreasury.
suoparts - GunnsSTonsprogram - cnmnrehenuveplancomponen
§a4.4VoGeneral,
This subpart describes the policies and procedures applicable to the Comprehensive Plan Component.
The Comprehensive Plan is developed by the Council in accordance with section 311(t)(2) of the Federal
vvote, po|!ouo" Control Act. This cvmnooem provides for implementing the projects and programs
listed in the Comprehensive Plan,
§a4.4oz Responsibility for administration.
After selecting Comprehensive Plan projects and n,00mm, to be funded, the Council must assign
primary authority and responsibility for overseeing and implementing projects and programs to a Gulf
Coast State vr Federal agency represented nn the Council,
(a) In assigning responsibility, the Council must enter into a grant agreement with the Gulf Coast State or
an interagency agreement with the Federal agency. The Council must specify whether any part of this
responsibility may be further assigned to another entity and under what terms.
(b) When agrant to a nongovernmental entity would equal or exceed ten percent of the total amount
provided to the assignee for that particular project or program, the Council must publish in the Federal
Register and deliver to these Congressional Committees at least ]Odays prior tothe assignee entering
into an agreement the name of the «p�og!2� the project's or program's nu and the
amount uf the award,
(1) House of Representative committees: Committee on Science, Space, and Technology; Committee on
Natural Resources; Committee on Transportation and Infrastructure; Committee
on Appropriations.
(z) Senate committees: Committee on Environment and Public Works; Committee on Commerce,
Science, and Transportation; Committee on sncmv and Natural Resources; Committee on
Appropriations,
(c) The Council must establish and implement program to monitor compliance with it,gfamA-awoard
agreements and interagency agreements.
§a«4o2 Application procedure and grant award process.
The Council may establish a selection process for assignees tn use for awarding grants, cooperative
agreements, o,contracts to other entities .|f the Council does not
establish an application and selection process, assignees must use a selection process of their choosing
that is fair, open, and meets the requirements nf Federal laws and, for State and local governments that
are awarding, the applicable State and local laws.
§a«.4oa Use nffunds.
12
An activity may be funded in whole or in part if the applicable requirements of subparts C and E of this
part are met.
§ 34.404 Reports.
Assignees /graPA-ee must submit reports as prescribed by the Council or Treasury.
§ 34.405 Recordkeeping.
G+aa#ee must maintain records as prescribed by the Council and Treasury, and make the
records available to the Council and Treasury, including the Treasury Inspector General.
§ 34.406 Audits,
The Council and Treasury, including the Treasury Inspector General, may conduct audits and reviews of
gf44ee accounts and activities as any of them deems appropriate.
Subpart F – Gulf RESTORE Program - Spill Impact Component
§ 34.500 General.
This subpart describes the policies and procedures applicable to the Spill Impact Component of the Gulf
RESTORE Program. The funds made available under this subpart must be in the form of grants.
§ 34.501 Responsibility for administration.
The Council is responsible for awarding and administering grants under this subpart.
The Council must establish and implement a program to monitor compliance with its grant agreements
subiect to public notice and comment
§ 34.502 Allocation of funds.
The Council will allocate amounts to the Gulf Coast States or other authorized entities based on a
formula in the Act and a regulation that the Council promulgates subject to public review and comment
The Council will make allocated funds available to Gulf Coast States or other authorized entities
through grants for programs, projects, and activities described in a State expenditure plan on the
approvaled by the Council.
§ 34.503 State Expenditure Plans.
Each Gulf Coast State, through its Governor or the Governor's designee, must submit a State
Expenditure Plan to the Council for its approval that describes each program, project, and activity for
which the State seeks funding. Not later than 60 days after the date on which a plan is submitted the
Council shall approve or disapprove the plan."" The Council must develop requirements for these plans
that include the following:
(a) The State Expenditure Plan must be developed by:
(1) In Alabama, the Alabama Gulf Coast Recovery Council.
(2) In Florida, a consortium of local political subdivisions that includes, at a minimum, one representative
of each county affected by the Deepwater Horizon oil spill.
(3) In Louisiana, the Coastal Protection and Restoration Authority of Louisiana, as approved by the
Board.
(4) In Mississippi, the Office of the Governor or an appointee of the Office of the Governor.
(5) In Texas, the Office of the Governor or an appointee of the Office of the Governor.
(b) The State Expenditure Plan must take into consideration the Comprehensive Plan and be consistent
with the goals and objectives of the Comprehensive Plan.
(c) For each program, project, and activity, the State Expenditure Plan must include narrative description
showing purpose and objectives, estimated expenditures, major milestones, estimated duration, and
criteria the State will use to evaluate success or performance goals Plans can be phased or incremental
and may be modified. The applicant must also state whether it has applied for a grant to fund the
program, project, or activity from f sources pursuant to u any other part of the Act-n
b q.tt Fn 1. rt award
C OMMOM ., . 1 . _ t hf you a vva wt d ar, h
j YOU KOt tha SWard and 0100 OWt b@ perW kr*d V
6weau" you moo rw trt is ----- ._.
13
(d) The State Expenditure Plan must demonstrate that each program, project, and activity isan eligible
activity and that the plan will contribute to the overall economic and ecological recovery of the Gulf
Coast.
------~—~ --�~~--,----~—p--�~_�~—� - -
L�Thes��sq�ndh�mp�nma�m�pmnn��ouemom��nzsneuemof��ef"vmu'���
available for infrastructure projects, unless the plan certifies that:
(1) The ecosystem restoration needs in the State will be addressed by the projects in the proposed plan;
and
(2) Additional investment in infrastructure is required to mitigate the impacts of the Deepwater Horizon
Oil Spill tu the ecosystem n,economy. .. . . ......
~��`u_�~�a
Lfg) If the Council disapproves a State Expenditure Plan, the Council must notify the impacted State, or
other authorized entity, in writing and consult with to address any identified
deficiencies with the plan. If the Council fails to approve or take action within 60 days after the date on
which the Council receives the plan, the State, may obtain expedited judicial
review within yo days ina United States dism��ou�|oca�edin�he��a�e�eekino�he,ewew�
§ 3«.sn« _
4-After the Council approves State Expenditure - Plan, the Statemay appl — '
for a grant m carry out specific projects, programs, and activities in the plan. The Gaund! must establish
FegW and PGI*EmeS OR gF@R At a minimum, the State's application must demonstrate all the
elements required for a State Expenditure Plan have been met to the satisfaction of the Federal grant
administrator before a grant may be approved_j19-=ka.,n1 miust Indudn suonorting informabon, that
-'-
�J, The Council must establish Pubrish procedures for --
9 ants available under this subpart, subject to notice and Public comment, that are consistent with WhO hildw Olt NO to 0" cooftoffl WrMV 01
' 34.505 -- —__ .
Am activity may be funded m whole u,inpart if the applicable requirements uf subparts c and pnfthis
part are met.
§ 34.506 Reports,
must submit reports as prescribed bv the Council n,Treasury.
§ 34.507 Recordkeen/ng.
must maintain records as prescribed by the grant administering agency and make the
records available to the grant administering agency, and Treasury, including the Treasury Inspector
General.
§a«aooAudits.
The Council and Treasury, including the Treasury Inspector General, may conduct audits and reviews of
gFapAe* ', accounts and activities a` any vf them deem appropriate.
svuparts — mooAncsTonsmctyuenc Program
9a«.6omGeneral.
This sub describes policies and procedures applicable to the NOAA RESTORE Act Science program.
The program's purpose is to o,,ry out research observa and monitoring to support, to the
14
maximum extent practicable, the long-term sustoinabiNvof the ecosyst fish stocks, fish habitat, and
the recreational, commercial, and charter fishing industries in the Gulf nfMexico.
ga4.6Vz Responsibility for administration,
NOAA is responsible for establishing and administering this program, in consultation with the United
States Fish and Wildlife Service. NOAA must develop, publish, and apply policies and procedures for the
mOAA ncSTons Act science program consistent wit
Act and other Federal —ligi— —A
Lt&ul�j�io�s. NOAA must implement a program to monitor compliance with its grant agreements and
interagency agreements funded through the Trust Fund. NOAA and the United States Fish and Wildlife
Service will consult with the Regional Gulf ufMexico Fishery Management Council and the Gulf States
Marine Fisheries Commission in carrying out the program,
§a4.002 Activities for the woxA RESTORE Act Science Program.
Amounts made available to NOAA may be expended to carry out a program comprised of the following
activities with respect tv the Gulf ofMexico:
(a) Marine and estuarine research.
(b) Marine and estuarine ecosystem monitoring and ocean observation.
(c) Data collection and stock assessments.
(d) Pilot programs for fishery independent data and reduction of exploitation of spawning aggregations.
(e) Cooperative research.
(f) Coordination of science and teconu|vov nmomms' in accordance with section 1604(f) of the Act
including setting priorities and engaging stakeholders. moAA may also expend amounts made available
from the Trust pond for administrative expenses connected with the program. All funds must be
expended in compliance with the Act, these regulations, and other applicable law.
§34.sua Limitations vnactivities.
None of the Trust Fund amounts may be used for the following activities:
(a) For any existing or planned research led by NOAA, unless agreed to in writing by the grant recipient.
(b) To implement existing regulations or initiate new regulations promulgated or proposed by NOAA.
(u)To develop ur approve a new limited access privilege program (as that term is used in section sosxvf
the Magnuson-Stevens Fishery Conservation and Management Act [zo U.S.C. 1853(a)]) for any fishery
under the jurisdiction of the south Atlantic, Mid-Atlantic, New sno|aod or Gulf of Mexico Fishery
Management Councils.
§a«.6u« Limitations on administrative expenses.
(a) Of the amounts received by NOAA under the NOAA RESTORE Act Science Program, not more than
three percent may be used for administrative expenses, including staff.
(b) The three percent limit is based nnfunds that the mOAx RESTORE Act Science Program receives inits
fiscal year, and unused amounts may be carried forward into subsequent years. The three percent limit
is applied to the total amount of funds received by NOAA, beginning with the first fiscal year itreceives
funds through the end of the fourth, or most recent fiscal year, whichever is later.
(c) NOAA may seek reimbursement of administrative expenses incurred after the first deposit into the
Trust Fund, to the extent permitted by Federal law. Administrative expenses incurred prior tn the first
deposit into the Trust Fund are not reimbursable.
§34.aosReports.
moAx must submit reports a, prescribed byTreasury.
§a4.6o*xecp,dkeening.
F+eot*eRbegbp L e.�2ts must maintain records as prescribed by moAA and make the records available to
woxA,
g34.snrAudits.
15
The Treasury inspector General may conduct audits and reviews of accounts and
activities as it deems appropriate.
subvartx — Cemtemvvcxcelenc Research Grants Program
ya4.7noGeneral.
This su describes the policies and procedures applicable to the Centers vfExcellence Research
Grants program. The program's purpose btoestablish centers tv conduct research only un the Gulf
Coast Reg The funds made available to the Gulf Coast States under this subpart will be in the form of
agrant.
§y4.nm Responsibility for administration.
Treasury is responsible for awarding grants tv the Gulf Coast States, who will use the amounts made
available to award grants to nongovernmental entities and consortia in the Gulf Coast Region for the
establishment of Centers of Excellence. Treasury may develop and apply policies and procedures
cons istent ih MB circulars and
&! �dance the Act and_gftg�����, and the Act. Each Gulf Coast State entity
issuing a grant must establish and implement a program to monitor compliance with its grant
§a4.ruo Allocation offunds.
Each Gulf Coast State will be entitled to an equal share to carry out eligible activities.
The duties nfa Gulf Coast State will op carried out by the following entities:
(a)|n Alabama, the Alabama Gulf Coast Recovery Council.
(b) In Florida, a consortium of public and private research institutions within the State which will include
the Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation
Commission,
(c) In Louisiana, the Coastal Protection and Restoration Authority of Louisiana.
(d)|n Mississippi, the Mississippi Department of Environmental Quality.
(e) In Texas, the Office of the Governor or an appointee of the Office of the Governor.
§a4Juy Application procedure.
Treasury will develop an application process for grants available to the Gulf Coast States under this
subpart that |s consistent with
�dL�idaLi!;p_jhe Act and other ./mp minimum, the process will include
the following:
(a) Each Gulf Coast State must describe the m|ey and policies the State will apply to the Centers of
Excellence grant(s)' including the competitive process that the State will use to select a Center of
Excellence. The process must allow nongovernmental entities and consortia in the Gulf Coast Reg
including public and private institutions of higher learning, to compete. The process mustowenrio,ovto
entities and consortia that demonstrate the ability tv organize the broadest cross-section ofparticipants
in the grant with interest and expertise in the discipline(s) on which the proposal is focused. The process
must also guard against conflicts of interest. Centers of Excellence do not need to be located in the Gulf
Coast State issuing the grant.
(b) Each Gulf Coast State must demonstrate that its rules and policies for Centers uf Excellence grants,
including the mmnrouve selection process, were published and available for public review and
comment for a minimum vfsO days, and that they were adopted after consideration of all meaningful
input from the public, including broad-based participation from individuals, businesses, and non-prof
organizations, This requirement does not apply to State statutes and regulations.
(c) Each application must state the amount of funding requested and the purposes for which the funds
will oeused.
§sx.70* Use of grant funds and eligible activities.
wl
(a) A Gulf Coast State receiving funds under this subpart must establish a grant program that complies
with the Act, these Fegulatieiqs, and etheF Federal laws, FegulatieRs, and pe!�e���
consistent with applicable OMB circulars and guidance the Act and other Federal policies and
regulations.
(b) Gulf Coast States may use funds available under this subpart to award competitive grants for the
establishment of Centers of Excellence that focus on science, technology, and monitoring in at least one
of the following disciplines:
(1) Coastal and deltaic sustainability, restoration, and protection, including solutions and technology
that allow citizens to live in a safe and sustainable manner in a coastal delta in the Gulf Coast region.
(2) Coastal fisheries and wildlife ecosystem research and monitoring in the Gulf Coast Region.
(3) Offshore energy development, including research and technology to improve the sustainable and
safe development of energy resources in the Gulf of Mexico.
(4) Sustainable and resilient growth and economic and commercial development in the Gulf Coast
Region.
(5) Comprehensive observation, monitoring, and mapping of the Gulf of Mexico.
§ 34.705 Ineligible activities.
Any activity that is not authorized under the provisions of § 34.704 is ineligible for funding under this
subpart.
§ 34.706 Reports.
Each Gulf Coast State entity must submit the following reports:
(a) An annual report to the Council in a form set by the Council that includes information on recipients,
grant amounts, disciplines addressed, and any other information required by the Council. When the
grant recipient is a consortium, the annual report must also identify the consortium members. This
information will be included in the Council's annual report to Congress.
(b) Other reports required by Treasury.
§ 34.707 Recordkeeping.
GFaatee must maintain records as prescribed by �'reasury and make the records available to
Treasury, including the Treasury Inspector General.
§ 34.708 Audits.
Treasury, including the Treasury Inspector General, may conduct audits and reviews of each
gFaatee accounts and activities as deemed appropriate by Treasury.
Subpart I — Agreements
§ 34.800 General.
This subpart describes procedures applicable to gfaat agreements used by Treasury, the Council
(including Federal agencies carrying out responsibilities for the Council), NOAA, Gulf Coast States,
coastal political subdivisions a+�d-coastal zone parishes and f;.ptr bton making awards _ - I T ,M
under subparts D, E, F, G, and H of this part. ow COM0601 anvo
§ 34.801 Grant Award agreements.
The gcar4- agreements used must conform to all
for - grants applicable OMB circulars and guidance the Act and other Federal policies and regulations
including audit requirements.
§ 34.802 Certifications.
At a minimum, gFant agreements for the Direct Component, Comprehensive Plan Component, and
Spill Impact Component must contain the following certifications. Grant applications shall provide
supporting documentation for these certifications The certification must be signed by an authorized
senior official of the organization or entity receiving grant funds with oversight for the administration
and use of the funds in question.
17
(a) I certify that each project, program, and activity funded under this Agreement has been designed to
restore and protect [select all that are appropriate: the natural resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, coastal wetlands-,_2r economy] of the Gulf Coast.
(b) I certify that each project, program, and activity funded under this Agreement is designed to carry
out one or more of the eligible activities for this program /component.
(c) I certify that each project, program, and activity funded under this Agreement was selected after
consideration of input from the public, including broad -based participation from individuals, businesses,
and nonprofit organizations, as described in the grant application.
(d) I certify that each project, program, and activity funded under this Agreement that protects or
restores natural resources is based on the best available science, as that term is defined in 31 CFR Part
34.
(e) l cerflify that eath orgiect. pr a r and acuity funded under this Agreement,,
males for competitive bidding and audit
requ itemant i This GfaRtee Recipient agrees that it will not
CO _ [ V � J, r� the i ^ �-
request funds under this gFaRt award for any contract unless this certification remains true and accurate
with respect to that contract. [The Council may adapt this certification to account for any standard
contract terms that it develops under section 311(t)(2)(C)(vii)(V) of the Federal Water Pollution Control
Act.]
(f) I certify that a conflict of interest policy is in effect and covering each project, program, and activity
funded under this Agreement.
(g) I make each of these certifications based on my personal knowledge and belief after reasonable and
diligent inquiry, and I affirm that this GfaRtee Recipient a d written
g ��, Tnaintains_
I.�._ e.�
� ir;>E � du�� Nrad bo
documentation sufficient to support each certification made above, and that this Gfa4 ee Recipient 's
p
compliance with each of these certifications is a condition of this Grantee Recipient s initial and
continuing receipt and use of the funds provided under this Agreement.
§ 34.803 Conditions.
At a minimum, all gfant agreements under subparts D, E, F, G, and H of this part must contain the
following conditions consistent with applicable OMB circulars and guidance the Act and other Federal
policies and regulations
(a) This GfapA- ee Recipient must immediately report any indication of fraud, waste, abuse, or potentially
criminal activity pertaining to grant funds to Treasury and the Treasury Inspector General.
(b) This Gfantee Recipient must deposit all funds in one or more financial accounts which have the sole
purpose of receiving fund amounts and making distributions of fund amounts. This Gfaatee Recipient
must maintain detailed program, financial, and accounting records sufficient to demonstrate that grant
funds were used in accordance with the program's requirements. This Gfaatee Recipient must track
program income hand use program income for purposes of the grant before requesting more program
------------
_ -
........ _ n. r_
tM51#11 Addadthli t de"00 "s I
funds.
v MndofO kdorxa definition
(c) An entity may concurrently receive Trust Funds as a recipient a subrecipient and a contractor
_. .d.. e.W.�...� .
depending on the substance of its agreements with Treasury, the Council or recipients Prior to making
any suba dtd, this Gfa_ftee must execute a legally binding written agreement with the e4"
-
t( _ J: Wed this to r Oftan
subreceipient This GfaAtee Recipient and the sub must
_
execute the written agreement before any funds are disbursed to the sub The
written agreement will extend all the applicable program requirements to the sub
(d) This Gfantee Recipient must use the funds only for the purposes identified in the A award a greement.
18
(e) This GFaatee Recipient must report at the conclusion of the grant period, or other period specified by
the Federal agency administering the grant, on the use of funds pursuant to the award agreement. The
report must be sent to the Federal agency administering the grant and include the following
information:
(1) A description of the use of all funds received.
(2) A statement that funds were used only for purposes identified in the agreement.
(3) A certification that the GicaRtee maintains written documentation sufficient to demonstrate
the accuracy of these statements.
(4) A certification that the foregoing elements are reported accurately and that the certification is made
from personal knowledge and belief after reasonable and diligent inquiry.
The certification must be signed by a senior authorized official of the organization or entity receiving
grant funds, who has oversight and authority over the administration and use of the funds in question.
§ 34.804 Records.
(a) As a condition of receiving funds, the Council and its members, NOAH, gFaatee and all
subrecipients must make available their records and personnel to Treasury, including the Treasury
Inspector General, for the purpose of assessing compliance with this award Aagreement, the Act, and
applicable OMB circulars and guidance the Act and other Federal policies and
regulations applying to their receipt of funds from the Gulf Coast Restoration Trust Fund.
(b) For grant - award agreements that exceed a three year period, the gfantee recipient must make an
interim report at the end of every two years. The report must contain the elements listed in § 34.803(e).
§ 34.805 Noncompliance.
In addition to remedies available to the Federal agency administering grants, all grant - award agreements
with the Gulf Coast States must be subject to the following conditions:
(a) If Treasury determines that a Gulf Coast State, coastal political subdivision, of-coastal zone parish or
other authorized entity has expended funds received under the Direct Component, Comprehensive Plan
Component, or Spill Impact Component on an ineligible activity, Treasury will make no additional funds
available to that gfantee recipient from any part of the Trust Fund until the gfantee recipient has
deposited in the Trust Fund an amount equal to the amount expended for an ineligible activity, or
Treasury has authorized the gfaatee recipient to expend an equal amount from the gfantee recipient s
own funds for a project or program that meets the requirements of the Act.
(b) If Treasury determines that a Gulf Coast State, coastal political subdivision, of coastal zone parish or
other authorized entity has materially violated an graat_ agreement under the Direct Component,
Comprehensive Plan Component, or Spill Impact Component, Treasury will make no additional funds
available to that gfaatee recipient from any part of the Trust Fund until the gFantee recipient corrects the
violation.
Subpart 1— �jfifta(..i tt8n lrti
t
§ 34.900 General.
This subpart describes procedures for developing addition guidance described in subparts D E F G H
and I of this part.
, 34.901 Form and Content _of guidance.
(a) Technical guidance for Treasury and Council management of the Trust Fund during implementation
of the Act will be normally issued in the form of Regulations Circulars Manuals or Pamphlets or other `
appropriate form of guidance.
(b) Guidance on the following subiects shall be promulgated in accordance with paragraphs (c) and (d) of
this section:
(1) Treasury policies and procedures for Direct Component grant applications the standard format for
development of the Multi -year Implementation Plan and State Expenditure Plan phasing or incremental
Formatted: Justified, Space After: 0 pt, Don't
adjust space between Latin and Asian text,
Don't adjust space between Asian text and
numbers, Border: Top: (No border), Bottom:
(No border), Left: (No border), Right: (No
border), Pattern: Clear
Formatted: Font: Bold
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Formatted: Indent: Left: 0"
19
planning and grant approaches project documentation requirements treatment of previously approved
projects and programs awards expenditures a program to monitor compliance reporting
recordkeeping and audit
1 a Al OX $4,401 W
(2) Council policies and procedures for the Comprehensive Plan Component for selecting
tzr*Wy ur4st Subport 0
Comprehensive Plan projects and programs to be funded assignment of responsibility for overseein
~
and implementing projects and programs Proiect documentation requirements treatment of previously
approved proiects and programs awards expenditures a program to monitor compliance reporting
recordkeeping and audit
, I
(3) Council policies and procedures for the Spill Impact Component including a standard format and
�._u.,_....
content for the State Expenditure Plan the grant application process proiect documentation
requirements, awarding and administering grants a program to monitor compliance with its award
agreements reporting recordkeeping and audit
v�rt a
(4) NOAA policies and procedures for the NOAA RESTORE Act Science program including consultation
procedures with the Regional Gulf of Mexico Fishery Management Council and the Gulf States Marine
Fisheries Commission and a program to monitor compliance with its grant agreements and interagency
agreements funded through the Trust Fundy
w M,
(5) Treasury policies and procedures for awarding grants to the Gulf Coast States who will use the
amounts to award grants to nongovernmental entities and consortia in the Gulf Coast Region for the
establishment of Centers of Excellence and a program to monitor compliance with its grant agreement
f, hI
(6) Procedures applicable to award agreements used by Treasury, the Council (including Federal
2 m„ w. u,.
agencies carrying out responsibilities for the Council) NOAH Gulf Coast States coastal political
subdivision, and coastal zone parishes in making awards including the process for making subawards�
_ , s
34.902 Process to develop and revise guidance - - -
—�^
(a) Treasury and the Council shall develop the six guidance memoranda described in 434.901(b) of this
_ Formatted: Font: Bold
section for approval by those respective entities The following procedures shall apply to the specific
Formatted: Font: Bold 1
guidance memoranda described in this section:
(1) Guidance memoranda shall be consistent with this part applicable law, and achieving the goals and
purposes of the Act.
(2) Treasury and the Council shall afford the public an opportunity to comment on each guidance
memorandum prior to approval through the issuance of a notice of availability in the Federal Register
(3) Approved guidance memoranda shall be made available to the public upon adoption
(4) The guidance memoranda specifically referenced in this part shall be developed by 2014
(b)Treasury and the Council may, whenever it is necessary, revise guidance memoranda that have been
completed. Such revisions shall be developed and approved consistent with the provisions of paragraph
(a) of this section.
34.903 Other guidance. _ _
- Formatted: Font: Bold
- - -
Nothing in this part shall be considered or construed to preclude the ability of the Treasury or the
Council from issuing other guidance or policy to assist in implementing the Act Any such guidance or
policy shall be consistent with applicable law, policy, and regu
Formatted: Justified, Space After: 0 pt, Don't
Subpart K - Implementation process for projects xMi- add space between paragraphs of the same
§ 34.1000 General. s", - - - - - - - - - - - - - - - - .- - - - style, Don't adjust space between Latin and
Asian text, Don't adjust space between Asian
Generally, eligible activities and projects shall be developed and implemented with the following text and numbers Border: Top: (No border)
p rocess: Bottom: (No border), Left: (No border), Right:
(a) Award Agreement The Award Agreement will be consistent with the Multi -Year Implementation (No border), Pattern: Clear
Plan, Comprehensive Plan or State Expenditure Plan and describe the activities tasks and Formatted: Font color: eiacic
responsibilities to implement the projects or the phase or increment of a Plan
20
(b) Project documentation consistent with the Multi -Year or State Expenditure Plan Project
documentation shall be prepared to support meeting environmental review and compliance
requirements for individual or phased proiects Eligible activity or proiect documentation shall be
streamlined to meet all applicable federal and state environmental regulatory requirements and
facilitate expeditious review and approvals xi ""
(c) Plans and specifications. During this phase final design of the project is completed and plans and
specifications are prepared. Plans and specifications contain the information necessary to bid and
construct the project.
(d) Real estate acquisition. The lands easements and rights -of way necessary for the proiect acquired
prior to construction.
(e) Construction. This phase is the actual construction of a project's components
(f) Monitoring and assessment After the project has been constructed monitoring is conducted as
necessary to assess the effectiveness of the proiect and to provide information that will be used for
environmental review, compliance and criteria the applicant will use to evaluate the success or
performance goals of the project.
Subpart L rW d tam' rt r e trW n t l x
§34.1100_General. - - - - - - - - - - - - -
-L-
This subpart describes procedures applicable to documentation for eligible activities contained within
the Multiyear Implementation Comprehensive and State Expenditure Plans in subparts D E and F of this
Part,
§_34.1101 Content of protect documentation
(a) Project documentation shall provide information on eligible activity formulation and evaluation
engineering and design estimated benefits and costs environmental effects any project phasing
approaches and the additional information and analysis necessary for environmental review and
compliance requirements. Proiect documentation shall provide information transitioning from a
conceptual level of detail contained in the Multi -Year Implementation Plan Comprehensive Plan or
State Expenditure Plan or Plan phase and the detailed design necessary to prepare plans and
specifications and permitting required to proceed to construction To eliminate duplication with State
and local procedures, Proiect documentation shall also address the factors of relevant State laws and
support all environmental review and compliance actions
(b) Proiect documentation shall: t- - - Formatted: Indent: First line: 0 ", Don't add
(1) Be consistent with the Act and applicable law, policy and regulation; space between paragraphs of the same
j2) In the case of a natural resource protection or restoration project be based on the best available
science:
(3) Comply with all applicable Federal State and Tribal laws- -
j4) Contain sufficient information for proceeding to final design of the proiect such as: additional
Proiect formulation and evaluation environmental and/or economic benefits engineering an
costs, envir onmental imp real estate requirements and the preparation of the ct
(5) Include a discussion of any significant changes in cost or scope of the proiect from that were
- - -- .. mom. -- _ /
34.1102 NEPA documentation
(a) A recipient shall prepare the appropriate NEPA document to accompany the Proiect documentation
if required or document consistency with a categorical exclusion
(b) The NEPA official shall prepare the Record of Decision for the proiect documentation if required
21
Sgbpqrt M - I n c_qr
Formatted: Justified, Don't add space —
between paragraphs of the same style, Border:
Thos sun pa C ouncil on Environmental
Top: (No border), Bottom: (No border), Left:
(No border), Right: (No border), Pattern: Clear
C�ualjjy RggqjaLtl:qns for I lernenflnL
documentation for eligible activities contained within the Multiyear Implernentatian Comprehensive
Formatted: Bold ed: Font:
EFa e Font: orm tt
�n� State _g,xpgndrLure Nans as well as the projects implemented consistent with those plans,
Formatted: Don't add space between
D 0
Formatted: f 7n
orm r tt� t he
of the
34.1201 Consist with NEPA.
paragraphs s ame style
paragraphs s
p
s ormatted:
La Feder and of
F Font: Bold
�nt
NEEL2Dd��caWe i ac when
F . D
Don't
Formatted: Don't add space between
space between
of t same orm =
par agr a phs of the same style
considered inclMduOy n d cumulatively, wi have a �sinffi
Jb j The is the NEPA official responsible for compliance with NEPA for actions Conducted
to implement Act,
, 34,1202 AC�6eara rec�aair6n an Environmental Impact Statement (EIS) E nvironmental Ass--- (EA}
Formatted: Font: Bold
2LCP on
A�- Q,
jjC
Formatted: Font: Bold
Font-, Bold
jaj - A ctiToos . rjarrnzhly j
S L_ L� for, and �c
LILF,asLb ly re C ts for authorizati construction of rn�aior ro�iect,,
Formatted: Indent: First line: 0", Don't add
i�LPm—oso�d c .
h ur oses
space between paragraphs of the same style�
�e
M?MpOs,ecLmgj_(Lr chpDfes 6n the operation andlar maintenance of completed projects
i
Formatted: Don't add space between
oar! studies and coordination show that a particular action considered individually and cumuf at6velY is
paragraphs of the same style
not hkoLly,jg_kqvga si gnificant impact on the quality of the human environment
LblAct -LI -cT -FT La an EIS. Actions normally reguiring an EA
�_bbut
not �neqgssarflyan, EIS are
L11-The Corn )rehgnsive Plan,
_ _--
LaaggLflatwj acti
M —ha riges� �w aut!Lo-ozed-z-oigcts pLp ect under construction that were not Considered in the p roject
EIS or EA,
jcj CatqEo NEPA documentation,
either because,_ when considered individually and cumulatively they_do not have si�nifiCant effects on
22
the - q - w1[lty . - qf ttg human environment or because any such effects will .1—A have been considered in
NNEPA do cumentabo H owever the
o
N h
LEPA of s p re p are an EA
or an Even t ha uFh an EA ar EIS is not indicated far a Federal action because
of a "categorical
e. c u sin n " that f act does not exempt the action from compliance w ith an other applicable Federal
h
_State qr� Tr i I I he Fish and Wildlife
Coprdiin4trp Act ' th e National Historic Preservation Act the Clean Water Act the Coastal
�Zane. ManoAgment Act and the Marine Mammal Protection Act,
W_k��a �LA,®n2ents
J3 JStatp Ex RendLture Plans
14) P
_j�qnpng brad technical studies which _g_ may recommend fu t her study''"
L5 �O eratigns aLid maintenance p lans to carry out --u— in other approved plans or reflected in
pLqlecl NEPAdocuMentsv
L6 Llla, and specjfica�flons for �roects'�"
MlVigdiL,qations to S tate Expenditure Plans or Multi Year Implementation Plans
aDevglopmeat or revision of guidance memoranda ar methods' ""
.M - Oons which meet the criteria for a CE in the CE C regulations ii'40
section may be des ignated as CEs on(y after the approval of the NEPA official The applicant shall submit
9doi;LLMentatL n which demonstrates that the specific conditions or criteria for these CEs are satisfied
a th at So nicant ertv iranmental effects will not result 1vi°
�1Nhere a atterrt emerges of granting CE status far a particular type of action Treasury will initiate
n m k
Lu eqi o
L_ _ _g-prpp si .-n_to add this type of action to the list of CEs Contained w ithi n thi Section.
Formatted: Right, Don'Fadd; e
SubPaq—N--P outreach ."
�tween
pa paragraphs of the same style
gr
pas
� 34. 1,!QO (jenera L 1.
This s describ
aLocqLss !L he
Q�L_ extent then are required by the Aet ar other enviranmentai regu and compliance
aget,
P—roct�.cLure-- to procedure for
22kA CanSUitatNan in that Gulf CaaSt State ineludin CanSUltin with one qr more eStabllShGd task
Formatted: Space After: 0 pt, Don't adjust
fLOrqqs )LqLtber entities tLo ev Id
space between Latin and Asian text, Don't
Le �tort w ildlife habitats beaches
adjust space between Asian text and numbers
Formatted: Font:
Coastal wetland
Bold
X 34 13Q1 Goals. r
Formatted: Don't add space between
LaLPublic outreach activities Should be conducted to open an maintain C hannels unicat i a n-
paragraphs of the same style
wi th order
Formatted: Indent: First line: 0", Don't add
space between paragraphs of the same style
f1J,EroVLC�e infocrnatig�n-qb
2LMake the - b decisions are.
Formatted: Indent: Left: 0", Don't add space
between paragraphs of the same style
Leached wid
U Lc—mS, —de E-ilnn d re and
Formatted: Indent: First line: 0", Don't add
space between paragraphs of the same style
b In Car[ �n'� out R mp6ementatian activities for the ACt Outreach ties should:
Formatted: Don't add space between
L -
U1 f),Kqlyg interest d rou s and interested communities in the Plan develop ri- -
- nrnrwz� An
paragraphs of the same style
inC �oratepuojic values into decisions
Formatted: Indent: Left: 0", Don't add space
2LLn Involve mj�t�orlt c ommunities limited
between paragraphs of the same style____
English profici-en�gL.and and eCOnomically disadvantaged individUalS' and
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LLIM2L ova the substap
space between paragraphs of the same style
Formatted: Font: Bold
Formatted: Don't add space between
paragraphs of the same style
23
P�q,t�-q,pat,q,Lfrqrg in
LdL.Pulr-e2c ovide information to the public and
ft.92P2—rturTt-le�s —for minimum of
~-
O'
§ GeneraL
CO
=�ehensjve or Stat encliture Plan are cessary to ensure compliance with the Act, the Council
or p i ieqshaii revise the Plan in the form of ("--t Agreement modification.
LaLA,mAgr hag
Ae in the sc
LbIThe need for additional fundi
Formatted: Don't add space between
paragraphs of the same style
Formatted: Justified, Space After: 0 pt, Don't
add space between paragraphs of the same
style, Don't adjust space between Latin and
Asian text, Don't adjust space between Asian
text and numbers, Border: Top: (No border),
Bottom: (No border), Left: (No border), Right:
(No border), Pattern: Clear
Formatted: Don't a space between
paragraphs of the same style
Formatted: Font: Bold
Formatted: Font: Bold
� -��- - - - - - -� -_---
fWrmattd.- Font Bold
'~~~-~~`~-- ^------`-~~—~—~''
ULA discretion of the Council or red-'—t
the Coastal Zone Man@,&gmqnt Act the Marine Mammal Proteciimg�����
— estimate - d — benef - its and —costs and environmental ef_fects
LZI lndq�g_qoorclination with the U.S. Fish and Wildlife Service, the National Marine Fisheries Service,
draft Plan Modification and NEPA document if rgggi—j
licable law.
.(7L_Up_qLn jt�g_��T_pjetipn of the Plan Modification and NEPA _document 'if reqgkg4_±��
devel
24
.15 Treasury -,Pr–l-hLCouncil _shall conduct a review in accordance with a p plicable policies and regulat
not to exceed 6O days.
LCI N adju stmen t s in the Plan may be made by written approval by the grant official overseeing the
nqatl—culqr-grant or Plan and shall constitute a Grant Ag reement ivindifigiti
ti n,
Subpart R= Review _2f the Treasury
LaLTrE the Council shall review,
_and, if necessary, revise, the regulations of this part at least*,
.(-b)--A!P,2–n gQmp-Le!!ng_-the review of the re gulations of this cart Treasury and the Council shall
2LorT�LIg ate Lany__E c comment in
gccordgn_c,t��djh_appl law.
Richard L. Gregg
Fiscal Assistant Secretary
[FR Doc. 2013-21595 Filed 09/05/2013 at 8:45 am; Publication Date: 09/06/2013]
Formatted. Justified, Space After: 0 pt, Don't
add space between paragraphs of the same
style, Don't adjust space between Latin and
Asian text, Don't adjust space between Asian
text and numbers, Border: Top: (No border),
Bottom: (No border), Left: (No border), Right:
(No border), Pattern: Clear
Formatted: Don't add space between
paragraphs of the same style
W
' See generally csas /w mu a/ Definition and mww"mmv of Direct and Administrative cost umck� -
v
Appropriation and Allocations, zz97.
See generally oas /m mu. a, Definition and m|vwam|nv of Direct and Administrative Cost Block
a
Appropriation and Allocations, zen,
c/no|ar^-mnem�ds/z�zuo4.
iv
Circular *.1zu Revised z4u9/nyo^ Further Amended y$0/y and wzc.r�n. §aVz(d). See 2cmPart
215.22 payment proc OMB Circular A-110 essentially outlining a preference for advance payments
as long o`written procedures and financial management systems are in place with reimbursement
preferred when those conditions cannot be met. See also §12a1, 43 cm suuutm A, Recipients and
mues/p/ents shall ue paid m advance provided they maintain vrdemonstrate the willingness and ability
to maintain procedures to minimize the time between transfer mfunds and their disbursement by
recipient o,^uuecin/ent. Finally, see Proposed mwu Uniform Guidance: cost Principles, Audit, and
Administrative Requirements for Federal Awards (pp 36-39), includes similar guidance but elaborates with
such requirements as tying advance payments m immediate cash needs, consolidating advances mcover
m,x needs, etc. and reimbursement used when requirements for reporting and financial management
cannot oemet.
` pmpmeu uma Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards,
' Proposed mwa Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards.
-
2 c�R,225 (A-87
viii Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards,
ix See genera|lyoas /m mu 37 Definition and Allmwam|itym Direct and Administrative Cost Block.
Appropriation and Allocations, zyy/ and Proposed OMB Uniform Guidance: Cost Principles, Audit, and
Administrative Requirements for Federal Awards.
^ semo»az1(t)(o(u)(/); (t)(z)(»)(m;(t)(a)(u)N<0m the Federal Water Pollution Control Act,
Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards.
xii Proposed mwa Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards,
xiii — slossary,www,gmnts.mov
xiv Proposed OMB Uniform Guidance: Cost Principles, Audit, ard Administrative Requirements for Federal
Awards.
�
Proposed ome Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards.
x�i — Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards,
x vii Section a11(t)(1)Wof the Federal Water Pollution Control Act.
-- Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards.
xix — Proposed mwu Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
26
xx
Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards,
Section 311(t)(3)(13)(iii)(11) of the Federal Water Pollution Control Act.
xxll
Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards.
Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards.
%%
Section 311 It) (3)(B)(IiI)(11) of the Federal Water Pollution Control Act.
Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards.)
x v
Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards.
xxvii
2 C.F,R. § 215.2 and Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative
Requirements for Federal Awards and 43 C.F.R. § 12.61(e)
xxwu
Section 311(t)(1)(B) & (C) of the Federal Water Pollution Control Act.
xxix
Section 311(t)(3)(B) of the Federal Water Pollution Control Act.
xxx
Section 311(t)(3)(B)(iii)(II) of the Federal Water Pollution Control Act.
xx
Section 311(t)(2)(D)(iii) of the Federal Water Pollution Control Act.
xxx°
Proposed OMB Uniform Guidance: Cost Principles, Aud'„ and Administrative Requirements for Federal
Awards.
Section 311(t)(1)(E)(iv)of the Federal Water Pollution Control Act stating that a multiyear implementation
plan must be developed and submitted as opposed to Section 311(t)(3)(A)(i) where funds are disbursed
"on the approval" of the plan.
-
xxxly
Consider listing these as including but not limited to: the National Environmental Policy Act ( "NEPA "), the
Clean Water Act ( "CWA "), the Endangered Species Act ( "ESA "), the Fish and Wildlife Coordination Act
( "PWCA "), Flood Control Acts, and the Rivers and Harbors Acts.
xxxv
xxxvi
OMB Circular A -87, Attachment B, Section 33.
Formatted: Justified, Indent: Left: 0 ",
xxxvil
See § 34.604(c).
Hanging 0.5"
Section 311(t)(1)(13)(i)(VIIQ of the Federal Water Pollution Control Act.
._.. ,,.....�.. ..._
Section 311 t)(1)(B)(i)(IX) of the Federal Water Pollution Control Act.
xxix
Section 311(t)(1)(13)(iii)(1) of the Federal Water Pollution Control Act.
Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards,
0
Section 311(t)(1)(B) & (C) of the Federal Water Pollution Control Act.
xi°
Section 311(t)(1)(L) of the Federal Water Pollution Control Act.
Am
Proposed OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal
Awards.
xis"
Section 311(t)(3)(13)(iv) of the Federal Water Pollution Control Act
xiv
Section 311(t)(1)(E) of the Federal Water Pollution Control Act
"
XMI
See generally, 33 C.F.R. §385.5. x .....
_ °
Formatte Indent: Left: 0 ", H anging : 0.5°
xi °iii
See generally, 33 C.F.R. §385.11.
See 33 C.F.R. § 1506.2
-
Ox
See generally, 33 C.F.R. §385.26. For instance 33 C.F.R. § 385.15 created a "consistency' determination
with state requirements for project documentation: ...Project Implementation Reports shall include such
information and analyses, consistent with this part, as are necessary to facilitate review and approval of
projects by the South Florida Water Management District and the State pursuant to the requirements of
Florida law. Finally, 33 C.F.R. § 385.26 most notably states, "To eliminate duplication with State and local
procedures, the Project Implementation Report shall also address the factors of relevant state laws...."
The Section goes on to list what specific information should be included in a Project Implementation
Report.
See 33 C.F.R. § 1506.2
27
See generally, 33 C.F.R. §385.14.
Categorical exclusions are defined 40 C.F.R. §1508.4. See also 23 C.F.R. § 771.117(a) as an example:
"They are actions which: do not induce significant impacts to planned growth or land use for the area; do
not require the relocation of significant numbers of people; do not have a significant impact on any
natural, cultural, recreational, historic or other resource; do not involve significant air, noise, or water
quality impacts; do not have significant impacts on travel patterns; or do not otherwise, either individually
or cumulatively, have any significant environmental impacts."
Since the Multi -Year Implementation Plans do not require approval per the RESTORE Act, the do not-- - -
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require Federal "approval' and should be a categorical exclusion. See 23 C.F.R. §771.109(a)(1) as an
example: "Actions taken by the applicant which do not require Federal approvals, such as preparation of
a regional transportation plan are not subject to this regulation." See also 23 C.F.R. §771.117(c)(1) as an
example: "Activities which do not involve or lead directly to construction, such as planning and research
activities; grants for training; engineering to define the elements of a proposed action or alternatives so
that social, economic, and environmental effects can be assessed...:' See also 23 C.F.R. §771.118(c)(4)
Planning and administrative activities which do not involve or lead directly to construction, such as:
training, technical assistance and research; promulgation of rules, regulations, directives, or program
guidance; approval of project concepts...." Finally, there are categorical exclusions for land management
plans (Ohio Forestry Assn v. Sierra Club, 553 U.S. 726 (1998) & Norton v. Southern Utah Wilderness
Alliance, 301 F. 3d 1217 (2004).
For support of specific types of project categorical exclusions:
• See 23 C.F.R. §771.117(c)(3) as an example: "Construction of bicycle and pedestrian lanes, paths, and
facilities" (RESTORE Infrastructure projects).
• See 23 C.F.R. § 771.117(c)(6) as example: "The installation of noise barriers or alterations to existing
publicly owned buildings to provide for noise reduction." (RESTORE Infrastructure projects to serve
publicly owned building such as stormwater). See also 24 C.F.R. §58.35(a)(1): "Acquisition, repair,
improvement, reconstruction, or rehabilitation of public facilities and improvements (other than
buildings) when the facilities and improvements are in place and will be retained in the same use
without change in size or capacity of more than 20 percent (e.g., replacement of water or sewer lines,
reconstruction of curbs and sidewalks, repaving of streets).
• See 23 C.F.R. §771.117(c)(19): "Purchase and installation of operating or maintenance equipment to
be located within the transit facility and with no significant impacts off the site." (RESTORE
Infrastructure projects such as pumps or structures to improve water quality that would undergo
state permitting standards).
• See 23 C.F.R. §771.118(c)(3): "Activities designed to mitigate environmental harm that cause no
harm themselves or to maintain and enhance environmental quality and site aesthetics, and employ
construction best management practices, such as: noise mitigation activities; rehabilitation of public
transportation buildings, structures, or facilities; retrofitting for energy or other resource
conservation; and landscaping or revegetation." (RESTORE mitigation activities).
• See 23 C.F.R. §771.118(c)(6): "Acquisition or transfer of an interest in real property that is not within
or adjacent to recognized environmentally sensitive areas (e.g., wetlands, non -urban parks, wildlife
management areas) and does not result in a substantial change in the functional use of the property
or in substantial displacements, such as: acquisition for scenic easements or historic sites for the
purpose of preserving the site (RESTORE land acquisition for restoration and protection of natural
resources).
• See 23 C.F.R. §771.118(c)(8): "Maintenance, rehabilitation, and reconstruction of facilities that
occupy substantially the same geographic footprint and do not result in a change in functional use,
such as: improvements to bridges, tunnels, storage yards, buildings, stations, and terminals;
construction of platform extensions, passing track, and retaining walls; and improvements to tracks
and railbeds." (RESTORE port infrastructure).
28
• See 24 C.F.R. §5835(b)(4), HUD: "Economic development activities, including but not limited to,
equipment purchase, inventory financing, interest subsidy, operating expenses and similar costs not
associated with construction or expansion of existing operations." (RESTORE workforce development
and job creation or infrastructure projects benefitting the economy).
See 36 C.F.R. §220.6(e) new categorical exclusions for soil and water restoration activities, USDA:
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Rule creates exclusions for activities that (1) restore lands negatively impacted by water control
structures, (2) disturbance events, and (3) roads and trails. These will allow the Forest Service to
more efficiently analyze and document the potential environmental effects of soil and water
restoration projects that are intended to restore the flow of waters into natural channels and
floodplains by removing water control structures, such as dikes, ditches, culverts, and pipes; restore
lands and habitat to pre-disturbance conditions, to the extent practicable, by removing debris and
sediment following disturbance events; and restore lands occupied by roads and trails to natural
conditions.
See generally, 33 C.F.R. 230.9(d).
See generally, 33 C.F.R. 230.9(e).
See generally, 33 C.F.R. 230.9(e).
lvil See generally, 23 C.F.R. §771.117(c)(20) as an example, "Promulgation of rules, regulations, and
directives."
tvii i See 23 C.F.R. §771.117(d),
IN See 23 C.F.R. §771.117(e).
Ix See generally, 33 C.F.R. §385.18.
W See generally, 33 C.F.R. §385.32
Wi See generally, 43 C.F.R. §12.70(c)
1xii, See generally, 2 C.F.R. §21S.2S.
Ixiv See generally, 33 C.F.R. §385.6.
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