Mississippi River Delta Restoration Coalition submits comments on proposed RESTORE Act Treasury regulations
By Whit Remer and Elizabeth Weiner, Environmental Defense Fund
Earlier this month, the Restore the Mississippi River Delta Coalition submitted public comments to the U.S. Department of Treasury (Treasury) on a proposed rule governing disbursements from the Gulf Coast Ecosystem Restoration Trust Fund. The Trust Fund was established by the RESTORE Act, enacted in 2012, and is funded by 80 percent of the civil Clean Water Act penalties that have been, and will be, paid by the parties responsible for the 2010 Deepwater Horizon oil disaster. The Act mandates that the Trust Fund be housed within and managed by Treasury and requires that Treasury propose and finalize a rule, with input from the public, regarding its management protocols. This is common practice for federal trust fund management. It is important because funding cannot be disbursed from the Gulf Coast Ecosystem Restoration Trust Fund for urgently needed Gulf restoration until the rule promulgation process is complete.
Multiple federal rules, developed in similar manners, are necessary to implement the RESTORE Act. They may overlap with other implementation documents and reiterate statutory language. We believe that when overlap exists, the entities involved should ensure as much consistently and clarity as possible. For example, the RESTORE Act language and the Final Initial Comprehensive Plan direct the Gulf Coast Ecosystem Restoration Council’s funding allocation exclusively to ecosystem restoration projects. Our comments suggested that the language and instruction in the final Treasury rule could more clearly reflect that specific direction from Congress and the Council.
As part of its management role, Treasury must also develop a compliance and auditing program – compliance on the front end to verify that grant applications comply with statutory requirements, and auditing on the back end to ensure that applicants did what they said they would do with the funds. Within Treasury, the Treasury RESTORE program will handle some aspects of this, and Treasury Inspector General will handle others. Because of the RESTORE Act’s unique structure with different funding components, the Council also has compliance and auditing authorities. Our comments urged Treasury to more clearly delineate the compliance and auditing roles of each of these federal entities so as to minimize delays and duplication and maximize the amount of funding that can be spent directly on restoration efforts.
Our comments also encouraged Treasury to consider adopting Louisiana’s 2012 Coastal Master Plan as the RESTORE Act’s mandatory state expenditure plan. To receive funds from the Spill Impact Component, states must submit a multi-year expenditure plan that describes each program, project and activity for which the state seeks funding. Due to Louisiana’s substantial land loss crisis, the state has already developed a science-based planning process. The most recent product of that process is the 2012 Master Plan for a Sustainable Coast. The State of Louisiana has dedicated, by state law, all funds from the RESTORE Act to its constitutionally protected Coastal Restoration and Protection Fund to be spent solely on projects in this plan. Recognizing that projects in the master plan still have to be sequenced for the purpose of serving as a RESTORE multi-year plan, we have advocated that the Plan meets, and often exceeds, the requirements of the State Expenditure Plan. If Treasury accepts the master plan process as compliant with the process set forth in the rule, the State of Louisiana will be ready to apply for RESTORE funds and utilize grant dollars more quickly.
Over the next few weeks, Treasury will read and consider comments submitted by the public as they prepare the final rule for the Gulf Coast Ecosystem Restoration Fund. The Council will also have to promulgate a rule regarding the RESTORE Act Spill Impact Component.