7. Governance. Draft Programmatic Damage Assessment and Restoration Plan and Draft Programmatic Environmental Impact Statement.

Transcription

1 7. Gvernance page 7 1

2 What Is in This Chapter? Intrductin (Sectin 7.1): What are the Trustees respnsibilities n behalf f the public in develping and implementing restratin? Management Structure (Sectin 7.2): Hw are the Trustees rganized and what are the verall rles and respnsibilities f the Trustee Cuncil, Trustee Implementatin Grups, and Individual Trustee Agencies? Restratin Planning (Sectin 7.3): What are the specific rles and respnsibilities f the Trustee Implementatin Grups, the Individual Trustee Agencies, and the Trustee Cuncil with respect t verall restratin planning and cnsistency with this PDARP? Restratin Implementatin (Sectin 7.4): What are the specific rles and respnsibilities f the Trustee Implementatin Grups, the Individual Trustee Agencies, and the Trustee Cuncil with respect t leading restratin prjects, ensuring prjects are implemented cnsistent with final restratin plans, and tracking restratin prgress? Mnitring and Adaptive Management (Sectin 7.5): What are the specific rles and respnsibilities f the Trustee Implementatin Grups, the Individual Trustee Agencies, and the Trustee Cuncil with respect t mnitring restratin and ensuring that new infrmatin r changing cnditins are cnsidered? Financial Management (Sectin 7.6): What are the specific rles and respnsibilities f the Trustee Implementatin Grups, the Individual Trustee Agencies, and the Trustee Cuncil with respect t managing and accunting fr the use f natural resurce damage mnies fr restratin activities? Public Engagement and Restratin Tracking (Sectin 7.7): Hw will the Trustees engage and infrm the public t maintain an pen and dcumented prcess fr implementing restratin under this PDARP/PEIS? References (Sectin 7.8): What references are cited in this chapter? 7 Gvernance page 7 2

3 7.1 Intrductin As specified in the Oil Pllutin Act f 1990 (OPA), 1 natural resurce trustees are designated t act n behalf f the public t: Assess and recver damages fr the injury t, destructin f, and lss and lst use f natural resurces caused by an il spill and the services thse resurces prvide. Develp and implement plans fr the restratin, rehabilitatin, replacement, r acquisitin f the equivalent f the damaged natural resurces under their trusteeship. Develp and implement these restratin plans after adequate public ntice, pprtunity fr a hearing, and cnsideratin f all public cmment. Use recvered sums nly t reimburse r pay the csts f assessing natural resurce injuries and f develping and implementing these restratin plans. Trustees fulfill these respnsibilities by develping restratin plans, prviding the public with meaningful pprtunity t review and cmment n prpsed plans (including the infrmatin that supprts that purpse), implementing and mnitring restratin prjects, managing natural resurce damage funds, dcumenting Trustee decisins thrugh a public Administrative Recrd (including thse that invlve the use f recvered damages), and prviding fr public invlvement and transparency in keeping with the public respnsibilities with which they have each been entrusted under OPA. In keeping with these respnsibilities, and in the cntext f the cmprehensive, integrated ecsystem restratin plan identified as the preferred alternative, this chapter describes the Trustees gvernance structure t implement restratin under this PDARP/PEIS. This chapter als describes prcedures t guide the restratin prcess and establish transparency and public accuntability f the Trustees actins. 7.1 Intrductin 1 Frm 33 USC page 7 3

4 7.2 Management Structure The magnitude and gegraphic scale f the restratin in this PDARP/PEIS is far greater than in any ther prir undertaking by natural resurce trustees. Because f this, and because f the prgrammatic restratin determinatins described in Chapter 5, Restring Natural Resurces, the Trustees prpse a gvernance structure t streamline restratin implementatin and versight. The Trustees will cntinue t functin as a Trustee Cuncil with verall respnsibility fr assuring that restratin is achieved with financial accuntability and that bligatins set frth in OPA, the Cnsent Decree, the Prgrammatic DARP, and future restratin plans are met. Trustee Cuncil duties include restratin planning, restratin implementatin, mnitring and adaptive management, financial management, public engagement, and restratin tracking. The Trustee Cuncil will als assure that thse Trustees assigned thrugh this chapter carry ut their duties fully t achieve restratin. As such, the Trustees prpse a distributed gvernance structure that assigns a Trustee Implementatin Grup (TIG) fr each f the eight restratin areas (restratin in each f the five Gulf states, Open Ocean, Reginwide, and Unknwn Cnditins and Adaptive Management cnsistent with Table 5-2 in Chapter 5). The Trustees believe that restratin can be carried ut mst efficiently by directly vesting restratin decisin-making t thse Trustees wh have the strngest cllective trust interests in natural resurces and their services within each restratin area. Because these are shared public trust resurces, with verlap in federal and state jurisdictin, bth state and federal Trustees serve n the Trustee Cuncil and within respective TIGs. The cmpsitin f each TIG varies, depending n the gegraphic area and restratin types t be perfrmed in each restratin area, discussed belw. Specifically, the Trustees allcated restratin funds t the fllwing: Restratin types. The Trustees allcate funds using an integrated restratin prtfli that includes a substantive fcus n Gulf f Mexic castal habitats as well as restratin fcused n specific resurce types, such as marine mammals and migratry birds. Integrated ecsystem restratin best meets the prgrammatic gals established in Chapter 5, Restring Natural Resurces. Restratin funds are allcated t specific restratin types. Restratin areas. The Trustees allcate specific funding t seven gegraphic areas: each f the five Gulf states, Reginwide, and Open Ocean. Sme additinal funds will be reserved fr currently unknwn cnditins and adaptive management. This allcatin reflects where restratin implementatin fr the varius restratin types is mst apprpriate. The funds allcated t restratin areas include funding fr mnitring, adaptive management, and administrative versight. In each f the five state TIGs, administrative versight funds are fr use by state Trustees. The federal Trustees will supprt administrative versight fr their wrk n all TIGs using the funds identified in the Open Ocean TIG. 7.2 Management Structure The general divisin f respnsibilities between the TIGs and the Trustee Cuncil is as fllws: The TIGs functin will primarily be planning, deciding n, and implementing restratin, including mnitring and adaptive management. Each TIG will make all restratin decisins fr page 7 4

5 the funding allcated t its restratin area n a cnsensus basis (decisin-making described belw). The Trustee Cuncil s functin will primarily be t ensure crdinatin and efficiency acrss the TIGs by establishing prcedures and practices needed t standardize r prvide fr cnsistency f sme TIG activities, such as financial management, public infrmatin availability, and ther activities identified in the sectins belw; aggregating and disseminating infrmatin t the TIGs; facilitating use f existing tracking tls; and facilitating the TIGs ability t implement the ecsystem-wide restratin gals f this PDARP/PEIS. Under this restratin planning structure, the Trustees recgnize the need t establish agreements and prcedures 2 such as: Memranda f Understanding (MOUs) (and/r Memranda f Agreement [MOAs]). The Trustees will revise their existing MOU fr the Trustee Cuncil that frms the basis f Trustee crdinatin and cperatin under this PDARP/PEIS. The Trustee Cuncil MOU will be fllwed by each TIG and Trustee member. The TIGs, at their discretin, may develp additinal MOUs fr their respective restratin areas, prvided TIG MOUs are cnsistent and cmpliant with the Trustee Cuncil MOU. Standard Operating Prcedures (SOP). Cnsistent with, and in supprt f, the Trustee Cuncil MOU, the Trustee Cuncil will develp SOP fr administratin, implementatin, and lng-term management f restratin under this PDARP/PEIS. The Trustee Cuncil SOP will dcument the verall structure, rles, and decisin making respnsibilities f the Trustee Cuncil. The Trustee Cuncil SOP will als prvide the cmmn prcedures t be used by all TIGs. Each TIG may develp additinal SOP fr their respective restratin areas, prvided they are cnsistent with the Trustee Cuncil SOP. The Trustee Cuncil SOP will be in place prir t any TIG s withdrawal f funds frm the U.S. Department f Interir (DOI) Natural Resurces Damage Assessment and Restratin (NRDAR) Fund (see Sectin 7.6, Financial Management). The Trustee Cuncil SOP will include, but will nt necessarily be limited t, the fllwing tpics: Trustee Cuncil structure and management (e.g., Lead Administrative Trustee respnsibilities). Decisin-making and delegatin f authrity. Funding. Administrative prcedures. Prject reprting. Cnflict reslutin. Mnitring and adaptive management. Cnsultatin pprtunities amng the Trustees. Public participatin. 7.2 Management Structure 2 Upn cmpletin, final MOUs (Trustee Cuncil and TIG) and SOP (Trustee Cuncil and TIG) will be made publicly available in the Administrative Recrd. page 7 5

6 Administrative accunting and independent auditing prcedures. Administrative Recrd. These SOP will be develped and apprved by cnsensus f the Trustee Cuncil, r TIGs fr TIG-specific SOP, and may be amended as needed. The divisin f respnsibilities between the Trustee Cuncil, TIGs, and Individual Trustee Agencies is summarized in Table 7-1, and the fllwing sectins prvide mre detailed descriptins f the cmpsitin and rles f the TIGs and the Trustee Cuncil, alng with thse f Individual Trustee Agencies, in implementing this PDARP/PEIS. 7.2 Management Structure page 7 6

7 Table 7-1. Trustee Cuncil, TIG, and Individual Trustee Agency respnsibility matrix. Respnsibilities Restratin Planning Restratin Implementatin Mnitring and Adaptive Management Financial Management Trustee Cuncil Aggregates status f TIG restratin planning, maintain web prtals, makes planning infrmatin publicly available, cmpiles the planning Administrative Recrd, and crdinates with ther Deepwater Hrizn Restratin Prgrams (i.e., RESTORE and Gulf Envirnmental Benefit Fund). Aggregates restratin prgram status tracking, publicly reprts verall PDARP/PEIS restratin implementatin, and cmpiles the implementatin Administrative Recrd. Aggregates restratin prgram mnitring infrmatin and perfrmance, makes infrmatin publicly available, cmpiles administrative recrd, and adaptively manages the verall PDARP/PEIS restratin prgram. Aggregates restratin prgram financial tracking, publicly reprts use f funds acrss the restratin prgram, and cmpiles the Administrative Recrd, as applicable. Trustees Gvernance Structure TIGs Develp draft and final restratin plans/envirnmental reviews (envirnmental assessments and envirnmental impact statements), crdinate envirnmental cmpliance, select prjects, prvide fr public engagement within the restratin area, and maintain materials fr the planning Administrative Recrd. Track restratin area prject implementatin prgress and reprt by restratin type, and maintain materials fr the implementatin Administrative Recrd. Track and aggregate restratin area mnitring data and reprting t the Trustee Cuncil by restratin type, cnduct envirnmental reviews, versee crrective actins and develpment f adaptive management plans, and maintain materials fr the Administrative Recrd. Track financial infrmatin fr the restratin area, prvide summarized financial reprting t Trustee Cuncil, and maintain materials fr the Administrative Recrd. Individual Trustee Agencies Prepare prject-level cnceptual designs, csts, plans, analyses, and envirnmental cmpliance dcumentatin. Carry ut prject implementatin and cntracting (all phases planning, engineering and design, cnstructin, mnitring, and lngterm management); reprt implementatin status t their TIG. Develp prjectspecific mnitring plans and cnduct prject-specific mnitring, data analysis, adaptive management, and reprting. Cnduct prject-level financial tracking thrugh prject cmpletin, track prject receipts and expenditures, and reprt use f funds t their TIG. 7.2 Management Structure page 7 7

8 7.2.1 Trustee Cuncil Pursuant t OPA 1006(b), 3 the President designates the federal trustees and the gvernr f each state designates state and lcal trustees wh act n behalf f the public as trustees fr natural resurces. The Trustee Cuncil is cmpsed f Designated Natural Resurce Trustee Officials (DNRTOs), r their alternates, fr the fllwing state and federal natural resurce Trustee agencies: DOI, as represented by the United States Fish and Wildlife Service (USFWS), Natinal Park Service (NPS), and Bureau f Land Management (BLM). The Natinal Oceanic and Atmspheric Administratin (NOAA), n behalf f the United States Department f Cmmerce. The United States Department f Agriculture (USDA). The United States Envirnmental Prtectin Agency (EPA). Fr the state f Texas, the Texas Parks and Wildlife Department (TPWD), Texas General Land Office (TGLO), and Texas Cmmissin n Envirnmental Quality (TCEQ). Fr the state f Luisiana, the Castal Prtectin and Restratin Authrity (CPRA), Oil Spill Crdinatr s Office (LOSCO), Department f Envirnmental Quality (LDEQ), Department f Wildlife and Fisheries (LDWF), and Department f Natural Resurces (LDNR). Fr the state f Mississippi, the Department f Envirnmental Quality (MDEQ). Fr the state f Alabama, the Department f Cnservatin and Natural Resurces (ADCNR) and Gelgical Survey f Alabama (GSA). Fr the state f Flrida, the Department f Envirnmental Prtectin (FDEP) and Fish and Wildlife Cnservatin Cmmissin (FWC). The Trustee Cuncil may designate dedicated supprt staff, as necessary, fr cnducting its business. The Trustee Cuncil may establish a permanent peratins structure, such as an executive directrate t cnduct the day-t-day peratins f the Cuncil, prmte crdinatin amng its members, and facilitate vting amng the Trustees. Supprt staff and peratinal structure may als serve as resurces acrss the TIGs t prmte efficiency and exchange f infrmatin. 7.2 Management Structure The Trustee Cuncil will designate a Lead Administrative Trustee(s), in accrdance with 15 CFR , t prmte crdinatin f administrative functins f the Trustee Cuncil, such as prcuring cntracts t supprt Trustee Cuncil functins, facilitating financial management requirements, and rganizing and maintaining the publicly available Administrative Recrd (see Sectin 7.7, Public Engagement and Restratin Tracking) f the Trustees restratin planning and implementatin actins. All decisins f the full Trustee Cuncil will be by cnsensus, which requires agreement by all nnabstaining federal 3 The federal Trustees fr this spill are designated pursuant t 33 USC 2706(b)(2); Executive Orders and 13626: and 77 FR page 7 8

9 Trustees and all nnabstaining Gulf states (as decided fr each Gulf state by the state Trustees as a grup) Trustee Implementatin Grups TIGs are cmpsed f Individual Trustee Agency representatives designated by the respective Trustee Cuncil DNRTOs (Figure belw). The TIGs develp plans fr, chse, and implement specific restratin actins under this PDARP/PEIS. Each TIG ensures their actins are fully cnsistent with this PDARP/PEIS and SOP. The TIGs are cnstituted as fllws: Figure Cmpsitin f the TIGs. 1. Restratin in Alabama. This TIG will be respnsible fr planning and implementing restratin activities fr restratin types described in Table 5-2 in Chapter 5, Sectin 5.10 (Summary f Preferred Alternative and Funding Allcatins), t benefit resurces within the gegraphic jurisdictin f the state f Alabama. This TIG shall cmprise the natural resurce Trustees fr the state f Alabama and the federal Trustees. 2. Restratin in Flrida. This TIG will be respnsible fr planning and implementing restratin activities fr restratin types described in Table 5-2 in Chapter 5, Sectin 5.10, t benefit resurces within the gegraphic jurisdictin f the state f Flrida. This TIG shall cmprise the natural resurce Trustees fr the state f Flrida and the federal Trustees. 3. Restratin in Luisiana. This TIG will be respnsible fr planning and implementing restratin activities fr restratin types described in Table 5-2 in Chapter 5, Sectin 5.10, t benefit resurces within the gegraphic jurisdictin f the state f Luisiana. This TIG shall cmprise the natural resurce Trustees fr the state f Luisiana and the federal Trustees. 7.2 Management Structure 4. Restratin in Mississippi. This TIG will be respnsible fr planning and implementing restratin activities fr restratin types described in Table 5-2 in Chapter 5, Sectin 5.10, t benefit resurces within the gegraphic jurisdictin f the state f Mississippi. This TIG shall cmprise the natural resurce Trustee fr the state f Mississippi and the federal Trustees. 5. Restratin in Texas. This TIG will be respnsible fr planning and implementing restratin activities fr restratin types described in Table 5-2 in Chapter 5, Sectin 5.10, t benefit page 7 9

10 resurces within the gegraphic jurisdictin f the state f Texas. This TIG shall cmprise the natural resurce Trustees fr the state f Texas and the federal Trustees. 6. Open Ocean. This TIG will be respnsible fr planning and implementing restratin activities fr resurces primarily in the Open Ocean restratin area, which includes restratin types described in Table 5-2 in Chapter 5, Sectin Open Ocean funding will als supprt federal Trustee administrative and preliminary planning activities acrss all TIGs. This TIG shall cmprise the federal Trustees. 7. Reginwide. This TIG will be respnsible fr planning and implementing restratin activities fr resurces that range thrughut the Gulf, which includes restratin types described in Table 5-2 in Chapter 5, Sectin This TIG shall cmprise all state and federal Trustees. 8. Unknwn cnditins and adaptive management. Funding is set aside fr future use t prvide fr additinal adaptive management f the restratin prgram r t plan and implement restratin that addresses injuries r cnditins that were unanticipated r unknwn when this PDARP/PEIS was finalized. This TIG will cmprise all state and federal natural resurce Trustees. This TIG s functin is separate frm, but infrmed by, the cntinual mnitring and adaptive management that each f the abve TIGs cnduct as part f their verall restratin implementatin respnsibilities (see Sectin 7.5, Mnitring and Adaptive Management; fr mre detail n mnitring and adaptive management activities, see Appendix 5.E, Mnitring and Adaptive Management Framewrk). The respnsibilities f each TIG are described in greater detail in the remainder f this chapter. Depending n its needs, each TIG may establish subgrups t supprt and assist meeting its respnsibilities (e.g., financial representatives t advise n issues related t financial administratin and/r technical representatives t advise n issues related t restratin prgram implementatin). Each TIG will develp, select, and implement prjects n a cnsensus basis. Fr the five TIGs fr each f the five Gulf states, cnsensus requires that a prpsed actin r decisin be supprted by bth the United States (as decided by the federal Trustees as a grup) and the state (as decided by the state Trustees as a grup). The federal Trustees will develp an MOU setting frth an apprach and prcedures pursuant t which the federal Trustees speak with a single vice n decisins made within the TIGs fr each f the five Gulf states; the state Trustees fr each state will develp an MOU setting frth an apprach and prcedures pursuant t which their state Trustees speak with a single vice n decisins made by the five TIGs fr each f the five Gulf states. Fr the Trustee Implementatin Grups fr the Reginwide and Adaptive Management and Unknwn Cnditins restratin areas, cnsensus requires that a prpsed restratin actin be supprted by all nnabstaining federal Trustees and all nnabstaining Gulf states (as decided fr each Gulf state by the state Trustees as a grup). Fr the Open Ocean restratin area, cnsensus requires that a prpsed restratin actin be supprted by all nnabstaining federal Trustees. 7.2 Management Structure Any issues with respect t an established SOP that arise within a TIG will be reslved in that TIG and, if the TIG des nt reslve the matter in a timely manner, a Trustee in that TIG may bring the matter t the full Trustee Cuncil fr discussin as prvided thrugh dispute reslutin. If there is an unreslved page 7 10

11 dispute abut a substantial matter in ne f the five TIGs fr the Gulf states, a Trustee in that TIG may seek guidance frm the full Trustee Cuncil thrugh a nnbinding, nnvting executive sessin discussin Individual Trustee Agencies Individual Trustee Agencies will prepare prject-specific infrmatin and implement prjects, including executing cntracts, cnducting prject-specific mnitring, and tracking prject-specific expenditures, as authrized by the respective TIG. One r mre Individual Trustee Agencies will be designated by the TIG t implement (Implementing Trustee[s]) each selected restratin prject. An Implementing Trustee may be designated fr a prject s entirety, r respnsibility fr a prject s varius implementatin phases (e.g., engineering and design and cnstructin) may be shared r divided amng multiple Implementing Trustees. 7.2 Management Structure page 7 11

12 7.3 Restratin Planning The Trustees develped this PDARP/PEIS at a prgrammatic level t guide and direct subsequent prject-specific restratin plans. This sectin bradly describes the restratin planning respnsibilities f the TIGs, the Individual Trustee Agency(ies), and the Trustee Cuncil Trustee Implementatin Grups The TIGs will develp prject-specific restratin plans fr their respective restratin area cnsistent with the restratin type funding allcatins (see Chapter 5, Sectin 5.10, Summary f Preferred Alternative and Funding Allcatins). Over the full time perid f restratin, each TIG ensures all restratin type gals are supprted via the series f TIG restratin plans. TIGs identify, develp, and evaluate prject alternatives; prpse prjects in draft restratin plans; engage the public fr cmment n restratin plans; and select prjects in final restratin plans (15 CFR ). Each TIG will develp prjects in accrdance with the OPA regulatins and ther applicable requirements, including cnsistency with this PDARP/PEIS. General restratin planning prcedures are described belw. Additinally, during prject planning, TIGs will crdinate with ther TIGs r individual Trustees fr prpsed prjects that verlap TIG restratin areas. The Open Ocean TIG will crdinate with ther TIGs when prpsed prjects verlap their jurisdictins. General planning prcedures t be cnducted by the TIGs include: Initial prject identificatin. TIGs develp prject ideas and cnduct prject screening cnsistent with the restratin type and the restratin appraches described in Chapter 5, Restring Natural Resurces, and its appendices. TIGs will cnsider a reasnable range f restratin alternatives (15 CFR (a)(2)) in restratin plans. Public invlvement in prject identificatin. TIGs cnsider prject ideas frm the public and may hld public meetings r maintain tls t cllect prject ideas, such as the existing prject submissin database and ther Trustee prtals. Prject develpment. The identificatin and develpment f ptential prjects will be cnsistent with the NRDA regulatins and this PDARP/PEIS; and with ne r mre f the restratin type gals described in Chapter 5, Sectin 5.5, Alternative A: Cmprehensive Integrated Ecsystem Restratin (Preferred Alternative). TIGs may develp additinal prject selectin criteria that further the gals established in this PDARP/PEIS. The TIGs will review cst estimates 4 fr each prject s that the csts f the prject and the cnsistency with prgrammatic gals can be cnsidered and cmpared with ther prject alternatives. Trustees may access funding fr initial prject identificatin, evaluatin f alternatives, and develpment activities prir t including prjects in a draft restratin plan. Each TIG determines when their respective prjects are ready t be prpsed in a draft restratin plan. 7.3 Restratin Planning 4 Including, and where applicable, engineering and design, permitting, mnitring, land rights, cnstructin, versight, lngterm maintenance and stewardship, cntingency, etc. page 7 12

13 Payment schedule and frequency f restratin plans. The frequency f restratin plans may vary by TIG. Each TIG may specify a restratin plan frequency in its specific prcedures r may chse fr a flexible planning schedule that brings frward prpsed prjects individually r in grups. A series f payments will be distributed t each TIG ver the curse f 15 years, prprtinal t the ttal amunt allcated t each restratin area (see Chapter 5, Sectin 5.10). Fr example, a 15-year disbursement schedule in the Open Ocean TIG results in apprximately $80 millin per year fr implementatin, administratin, and mnitring fr this TIG s restratin types. As such, TIGs have differing amunts f ttal restratin dllars available annually. Cnsidering its respective payment schedule, each TIG can determine a prject planning and funding schedule that mst apprpriately benefits the restratin types under the TIGs purview. Generally, it is anticipated that each TIG develp at least ne restratin plan every three years, althugh this frequency is at the discretin f the TIGs. The restratin plans may include a varying number f specific restratin prjects and may be develped jintly with ther TIGs. Prject phases. Trustees may prpse t phase restratin prjects. Fr example, a TIG may prpse t fund a prject s initial engineering and design phase in rder t develp the infrmatin necessary t fully cnsider the cnstructin phase f that prject in a future restratin plan. TIGs will encurage Individual Trustee Agencies t seek technical assistance frm envirnmental regulatry agencies early in planning. Draft restratin plans. TIGs prepare draft restratin plans that dcument and prvide sufficiently detailed infrmatin n the prpsed prject(s), r grups f prjects, and alternatives t thse prjects. The draft plans als d the fllwing: Explain the cnsistency between the prpsed plan and the PDARP/PEIS. Fr example, draft plans include infrmatin n the funding status by restratin type, the prject scping and screening prcess, the restratin type(s) gals each prject cntributes t, and hw the planning and implementatin cnsideratins identified in Chapter 5, Restring Natural Resurces, and Appendix 5.D, Restratin Appraches and OPA Evaluatin, were cnsidered during prject develpment. Prvide sufficient implementatin detail fr analysis under OPA, the Natinal Envirnmental Plicy Act (NEPA), and ther envirnmental regulatins, as apprpriate t the prject phase, including draft mnitring plans. TIGs strive t prmte cnsistency in mnitring acrss similar prject types by evaluating mnitring plans against a minimum standard f cmmn perfrmance criteria. 7.3 Restratin Planning Describe the federal envirnmental cmpliance (e.g., Endangered Species Act [ESA] cnsultatins and Clean Water Act permits see Chapter 6, Envirnmental Cnsequences and Cmpliance with Other Laws, fr mre detail) required fr prpsed prjects, hw thse requirements will be met, and the cmpliance status (e.g., initiated r cmpleted) at the release f the draft (and final) restratin plan. State and lcal envirnmental cmpliance crdinatin may be identified. Where feasible, the TIGs may initiate cmpliance crdinatin early in the planning prcess t infrm restratin decisins. The page 7 13

14 TIGs will ensure there is n irreversible r irretrievable cmmitment f resurces t a prject that has the effect f freclsing alternative measures t restre and/r prtect trust resurces. When prpsing prjects t restre fr ESA-listed species (e.g., sea turtles r sturgen), the plans will describe cnsistency with ESA recvery plans and recvery gals fr thse species, if available, such that cnservatin prgrams are supprted. Crrespnding NEPA analysis. TIGs will integrate int restratin plans the apprpriate level f NEPA analysis tiered frm this PEIS (Chapter 6, Envirnmental Cnsequences and Cmpliance with Other Laws, prvides additinal detail n tiering). NEPA analyses must clearly state whether they are tiered Envirnmental Assessments r tiered Envirnmental Impact Statements. Fr a tiered NEPA analysis, the Trustees must analyze the affected envirnment and envirnmental impacts with a fcus n prject-specific issues nt addressed in this PEIS, and identify hw the best practices appended t Chapter 6 were cnsidered in develping prjects. Lead and cperating agencies must als be identified, including any cperating agencies invited t participate. The details f the NEPA analysis will be cmmensurate with the prject phase being cnsidered. Public engagement and public cmment. TIGs will prvide an pprtunity fr public review and cmment n each draft restratin plan/nepa analysis. Draft restratin plans are released and the public cmment perid nticed thrugh the Federal Register, as well as by ther means r public venues as deemed apprpriate by the TIG (e.g., state registers). Final restratin plans and crrespnding NEPA analyses. Fllwing the cnsideratin f public cmments, the TIGs revise restratin plans and crrespnding NEPA analyses, as apprpriate. Final restratin plans clearly identify the prjects that a TIG selects fr implementatin after taking int cnsideratin all public cmments as well as the final envirnmental analyses under the NEPA prcess. Mnitring plans will be cmplete fr final restratin plans and can be updated as apprpriate during prject implementatin. Final restratin plans als identify the best practices applicable t the implementatin f each selected prject and any utstanding envirnmental cmpliance needs r ther cntingencies that must be reslved prir t prject implementatin. Mdificatins t funding within restratin areas. Any change t funding that is significant enugh t cnstitute a mdificatin f the PDARP/PEIS, within its respective restratin area, will be cmmunicated t the Trustee Cuncil. By agreement f the TIG, changes t the amunt f funding t be spent n a restratin type within a restratin area may be made after the TIG prpses a revised restratin plan, subject t public review and cmment. 7.3 Restratin Planning Changes f less than $50,000 t the amunt f funding t be spent n a restratin type within a restratin area are nt changes t the restratin plan and wuld nt require public review, cmment, r curt apprval befre the change is put int effect; hwever, public ntice f such a change is required. page 7 14

15 Mdificatins t shift funding designated fr ne restratin gal t anther restratin gal will be made nly with the cnsensus f the Trustees in the TIGs affected and nly with curt apprval, thrugh a mtin t the curt with a descriptin fr the basis f the change. Strategic restratin planning. Using the restratin planning steps utlined abve, TIGs may als prepare strategic restratin plans t fcus and sequence restratin pririties r prvide additinal guidance t further the restratin prgram. These plans wuld supprt the adaptive management framewrk described belw (Sectin 7.5, Mnitring and Adaptive Management) (e.g., mdificatin f restratin appraches [Appendix 5.D, Restratin Appraches and OPA Evaluatin] r best practices [Appendix 6.A] t prvide mre prtectin fr listed species and designated critical habitat). Strategic planning may be particularly relevant fr resurce-level planning by the Reginwide TIG fr living castal and marine resurces (e.g., sea turtles, marine mammals, birds, and ysters). Strategic plans may be updated based n new knwledge btained by Trustee effrts r the brader science cmmunity and updates t relevant species recvery r management plans prepared under ther statutes. Where applicable, this planning wuld be crdinated with existing entities charged with managing prtected and managed resurces, such as ESA technical recvery teams and the apprpriate NOAA r USFWS ffices. Strategic restratin planning can als create streamlining efficiencies fr regulatry cmpliance, such as ESA cnsultatin Individual Trustee Agency Individual Trustee Agencies identify candidate restratin prjects; develp prject details, including csts and alternatives; describe implementatin methdlgies; evaluate expected resurce benefits; and develp prject-specific mnitring plans. These prject-specific details will be prvided t the TIG t supprt their restratin planning and prject decisin respnsibilities. Many f the Individual Trustee Agencies have cnducted extensive reginal restratin planning, and the OPA NRDA regulatins allw fr cnsideratin f such plans in selecting prjects, prvided the OPA regulatins are fllwed. The Individual Trustee Agencies can assist the TIG in drawing frm these plans prvided they are relevant and cnsistent with implementing the gals f this PDARP/PEIS Trustee Cuncil The Trustee Cuncil retains and perfrms certain restratin planning administrative functins that serve t prmte cnsistency in prcesses under this PDARP/PEIS, allw fr apprpriate aggregatin f infrmatin acrss TIGs, and supprt prgram-wide reprting t the public. 7.3 Restratin Planning The Trustee Cuncil may cntinue using existing prject reprting tls that enable tracking restratin planning prgress (see Sectin 7.7, Public Engagement and Restratin Tracking). The Trustee Cuncil will crdinate with the TIGs t aggregate bth restratin planning and specific prject infrmatin fr regular public reprting, as determined in Trustee Cuncil SOP. The Trustee Cuncil may re-examine the restratin prgram apprximately every five years t track its status twards meeting the established restratin gals and t determine any updates needed based n newly emerged science and/r restratin prcedures. page 7 15

16 The Trustee Cuncil and TIGs share respnsibility t crdinate with ther Deepwater Hrizn restratin prgrams. Crdinatin amng prgrams will prmte successful implementatin f this PDARP/PEIS and ptimize ecsystem recvery within the Gulf. The Trustee Cuncil may cnsider the restratin actins f these ther prgrams and facilitate the TIGs in identifying synergies, leveraging pprtunities, and evaluating cumulative effects, as well as reducing ptential redundancy when selecting prjects under this PDARP/PEIS. Furthermre, these prgrams will each prduce significant mnitring data that are critical t infrming restratin decisins and imprving adaptive management. Data sharing amng prgrams is encuraged, and the Trustee Cuncil will make infrmatin fr prjects selected under this PDARP/PEIS available t the public, as well as t the scientific cmmunity and ther restratin prgrams. 7.3 Restratin Planning page 7 16

17 7.4 Restratin Implementatin Restratin implementatin will be cnsistent with final restratin plans and established SOP and will be in cmpliance with all applicable federal, state, and lcal laws. Prject-specific restratin implementatin respnsibilities f the TIGs, the Individual Trustee Agencies, and the Trustee Cuncil are described in this sectin. The Individual Trustee Agencies (Implementing Trustees) are the primary restratin implementatin entities, respnsible fr all implementatin tasks such as cntracting t cmplete implementatin phases, cnducting prject-specific mnitring and adaptive management, and maintaining prjects in the lng term. TIGs track whether prjects are implemented cnsistent with final restratin plans and applicable MOUs and SOP and crdinate with bth the Implementing Trustees and Trustee Cuncil. The Trustee Cuncil crdinates with each TIG t track and reprt the aggregated implementatin status f the restratin prgram t the public and ensures that implementatin is cnsistent with the cmmitments described in this and future restratin plans. Additinal details n the distributin f restratin implementatin respnsibilities are prvided in the subsectins belw Trustee Implementatin Grups TIGs will ensure implementatin f prjects fr each restratin type is in accrdance with Trustee Cuncil and TIG MOUs and SOP. TIGs will identify Implementing Trustees fr each selected restratin prject and fllw Trustee Cuncil SOP t ensure that cnsistent prject tracking and reprting appraches are used by Implementing Trustees. When multiple Individual Trustee Agencies are cperatively implementing prjects, r when cmplex prjects are selected, the TIGs may request that prject management plans and/r prject-specific MOUs be cmpleted by the Implementing Trustee(s). Prject management plans may include items such as Trustee crdinatin, detailed prject budgets and schedules, implementatin appraches, prject phasing (if applicable), risk assessment, and cntingency planning. As requested by the TIG, these plans may be reviewed by the TIG and agreed upn prir t the release f prject funds. Prject-specific MOUs may be used t identify which Individual Trustee Agency is respnsible fr each prject phase, including lng-term management and versight. Thrughut prject implementatin, TIGs review prject infrmatin and mnitring data prvided by the Implementing Trustee(s) t cnsider whether the prject is perfrming as planned. In the event that prject mdificatins are identified during implementatin, TIGs must crdinate with Implementing Trustees t determine if thse changes warrant any revised restratin planning r envirnmental evaluatin and identify if a prject needs t be terminated. Further, TIGs will develp prcedures t select anther prject in the event f prject terminatin. TIGs may als review crrective actins prpsed by the Implementing Trustee(s) t prmte cnsistency in actins applied t restratin appraches. TIG crdinatin acrss prjects may be funded with administrative versight and cmprehensive planning funds allcated t each respective TIG. 7.4 Restratin Implementatin TIGs summarize prgress tward cmpleting the engineering and design, cnstructin, mnitring and adaptive management, and lng-term maintenance prject phases and prvide this infrmatin t the Trustee Cuncil in accrdance with the Trustee Cuncil SOP. page 7 17

18 7.4.2 Individual Trustee Agency Prject implementatin is accmplished by Individual Trustee Agencies that are identified by each TIG as the Implementing Trustee r Trustees. Prject-specific administratin and versight csts fr prject management will be included in prject implementatin budgets. Prject implementatin is generally cmpleted and reprted in the fllwing phases, when applicable: engineering and design, cnstructin, mnitring, and lng-term maintenance, each f which are addressed belw: Engineering and design. Engineering and design may be cmpleted by the Implementing Trustee, when apprpriate, r thrugh the use f cntractrs. Where signed and sealed engineer r survey dcumentatin is required, the Implementing Trustee(s) will ensure that the engineer r surveyr signing wrk prducts is licensed t practice in the state where the prject is being implemented. Designs will nt be finalized until the Implementing Trustee determines that the design is in cmpliance with all regulatry requirements (e.g., federal, state, and lcal permitting requirements) and cnsultatins (e.g., ESA-listed and ther prtected species). On request, the Implementing Trustee(s) will furnish engineering and design materials t the TIG. When the engineering and design phase is cmplete, the Implementing Trustee(s) ntifies the TIG that the prject is mving int the cnstructin phase. Cnstructin. During cnstructin, Implementing Trustees mnitr cnstructin activities as required by regulatry permits and cnsultatins t avid envirnmental impacts t habitats and species. When the cnstructin phase is cmplete, the Individual Trustee Agency(ies) ntify the TIG that the prject is mving int the mnitring phase, reprt n the utcmes f cnstructin, and prvide as-built materials, as requested by the TIG. Mnitring. Prject-specific mnitring and assciated adaptive management/crrective actins will be cnducted by the Implementing Trustee(s), using prject funds and in accrdance with final prject mnitring plans. Prject mnitring will be cnducted using methdlgies established in the mnitring and adaptive management SOP develped by the Trustee Cuncil. Mnitring data will be used by the Implementing Trustee(s) t track whether prjects are trending twards the prject s established perfrmance criteria r whether adaptive management, maintenance, r crrective actins are needed. If these crrective actins require additinal r mdified envirnmental reviews, the Implementing Trustee(s) will ntify the TIG and a determinatin will be made n whether any public ntificatin is required by law. Lng-term maintenance. The Implementing Trustee(s) will ensure that apprpriate lng-term maintenance activities likely t be required fr each prject are identified and that apprpriate budgets and agreements are established t maintain each prject ver its intended lifespan. Upn discretin f the Implementing Trustee(s), third-parties may be identified as lng-term stewards f cmpleted prjects, and prject funds may be allcated fr their invlvement. 7.4 Restratin Implementatin Prject mdificatins. If a prject mdificatin is necessary during the engineering and design r cnstructin phases f the prject, the Implementing Trustee(s) will infrm the TIG, dcument whether the prject mdificatin materially affects the prject s selectin, and determine, in crdinatin with the TIG, whether any updates t regulatry permits and/r page 7 18

19 cnsultatins may be required. If changes t envirnmental cmpliance require additinal public input, the TIG will give the public a reasnable pprtunity t review and cmment n the prpsed prject change prir t final apprval f the mdificatin by the TIG. Prject terminatin. If a prject must be terminated during the engineering and design r cnstructin phases, the remaining funds that wuld have been spent n that prject will remain dedicated t the same restratin type and returned t the NRDAR TIG subaccunt (see Sectin 7.6, Financial Management). Use f remaining funds fr anther prject will require additinal restratin planning. Prject cmpletin/clseut. A prject is cmplete after all activities and expenditures have been accmplished fr that prject per the final restratin plan, including mnitring, lngterm maintenance, and final reprts. The Implementing Trustee(s) will ntify the TIG when a prject is cmplete and identify whether any prject funds remain (excess funds 5 ). Excess funds will be returned t the TIG s NRDAR subaccunt and will remain dedicated t the same restratin type as that assciated with the prject that returned excess funds. A TIG must agree by cnsensus t apply excess funds t anther prject(s) in accrdance with the prject selectin criteria described abve (Sectin 7.3, Restratin Planning) Trustee Cuncil The Trustee Cuncil tracks and reprts t the public n the aggregate status f restratin prgram implementatin and ensures that implementatin is cnsistent with the cmmitments described in this and future restratin plans. Prject tracking and reprting are further discussed in Sectin 7.7, Public Engagement and Restratin Tracking, which will fllw the requirements established within the Trustee Cuncil SOP Relatinship t Early Restratin Framewrk Agreement Chapter 5 (Appendix 5.B) describes the status f Early Restratin prjects selected fr implementatin under the Early Restratin Framewrk Agreement. As f the Draft PDARP/PEIS release date, the Trustees have finalized fur Early Restratin Plans and/r reached agreements with BP, prviding funding fr the implementatin f a ttal f 65 Early Restratin prjects. Funding fr implementatin f all Early Restratin prjects has r is being made available t the Trustees identified in thse plans r agreements as respnsible fr their implementatin (the Implementing Trustees), cnsistent with prir agreements amng BP and the Trustees. Remaining Early Restratin funds will be allcated t apprpriate TIGs as reflected in Chapter 5, Sectin 5.10, Summary f Preferred Alternative and Funding Allcatins, Table Restratin Implementatin Agreed-upn Early Restratin prjects will cntinue in accrdance with the Trustees prir decisins and any agreements entered int by r amng the Implementing Trustee(s). These restratin prjects will becme part f the general prtfli f Trustee-apprved restratin prjects under the PDARP/PEIS fr purpses f financial management, restratin prgress reprting, and tracking and will 5 Early Restratin excess funds are discussed belw. page 7 19

20 be subject t SOP and ther existing prcedures fr evaluating and identifying material prject changes as apprved by the Trustee Cuncil. Upn settlement, the Early Restratin prject Stipulatins with BP will be vid as t undertakings between BP and the Trustees; prvided, hwever, that the Trustees will use the amunts paid r cmmitted by BP under each Prject Stipulatin fr the prject(s) and in the manner specified in the Stipulatin and the crrespnding Early Restratin plan adpted by the Trustees, except that decisins cncerning any prject mdificatin(s), the selectin and implementatin f any replacement prject(s), and the use f any unexpended Early Restratin prject funds will be made by the apprpriate TIG fr that prject. 7.4 Restratin Implementatin page 7 20

21 7.5 Mnitring and Adaptive Management The Trustees identify specific funding fr the mnitring and adaptive management cmpnent f the restratin gals, as described in Chapter 5, Restring Natural Resurces. Mnitring and adaptive management supprts all restratin activities under this PDARP/PEIS by tracking and evaluating restratin prgress tward gals, determining the need fr crrective actins, addressing key uncertainties, and ensuring cmpliance with apprpriate regulatins (see Appendix 5.E, Mnitring and Adaptive Management Framewrk, fr details). Thrugh mnitring and adaptive management, decisins are cntinuusly infrmed by evlving restratin data and infrmatin. The adaptive management prcess incrprates mnitring f restratin prgress, cnsideratin f uncertainties, and pprtunities fr Trustees t adapt restratin activities t ensure restratin success (Pastrk et al. 1997; Thm et al. 2005; Williams 2011; Williams et al. 2007). The Trustees recgnize that the best available science t use fr planning restratin activities evlves as the bdy f science riginating frm this prgram, as well as ther science, mnitring, and restratin prgrams in the Gulf f Mexic, cntinues t grw. As a result, the adaptive management prcess fr this restratin plan incrprates mnitring and ther targeted scientific supprt (e.g., mdeling and analysis f existing data) t address uncertainties and infrm crrective actins. Details n the distributin f mnitring and adaptive management respnsibilities are prvided in the subsectins belw Trustee Implementatin Grups The TIGs prvide several prject- and resurce-level mnitring and adaptive management functins, including mnitring data aggregatin and tracking prgress tward restratin bjectives and gals Prject-Specific Mnitring and Adaptive Management TIGs crdinate with Implementing Trustees t supprt cnsistency and cmpatibility f mnitring plans and data management in accrdance with the Trustee Cuncil SOP, and respective TIG SOP, if applicable, and aggregate Implementing Trustee s mnitring data by restratin type fr reprting t the Trustee Cuncil. Accrding t the OPA NRDA regulatins (15 CFR ) a prject specific mnitring plan includes a descriptin f mnitring fr dcumenting restratin effectiveness, including perfrmance criteria that will be used t determine the success f restratin r need fr interim crrective actin. The Trustees are cmmitted t this required level f prject mnitring and may als agree t cnduct additinal mnitring. TIG respnsibilities may include the fllwing: 7.5 Mnitring and Adaptive Management Review and prvide feedback fr mnitring and adaptive management plans and effrts. TIGs review prject mnitring and adaptive management plans fr cntent, fr cmpliance with regulatry requirements, and t determine they are ready fr inclusin in restratin plans. Crdinate data management and reprting. TIGs track prject mnitring data t ensure the data, mnitring reprts, and ther mnitring infrmatin are cnsistent and cmpatible with the SOP and are linked t a central repsitry (see Sectin 7.7, Public Engagement and Restratin Tracking) and then reprt this mnitring infrmatin t the Trustee Cuncil. page 7 21

22 Assist in identifying and develping crrective actins. TIGs may crdinate and supprt the identificatin and develpment f crrective actins, particularly fr prjects with similar restratin bjectives Resurce-Level Mnitring and Adaptive Management TIGs will crdinate with each ther and individual Trustees t identify resurce level mnitring pririties. This crdinatin supprt cnsistency amng restratin effrts, as well as with the Trustee Cuncil SOP and TIG SOP, prmtes efficiency f resurce-level and/r crss-resurce-level mnitring and adaptive management activities, as apprpriate. Resurce-level (i.e., restratin type; see mnitring sectins f Chapter 5, Sectins thrugh , and as defined in Appendix 5.E, Mnitring and Adaptive Management Framewrk) and/r crss-resurce-level (i.e., applicable t multiple restratin types) mnitring and adaptive management includes tracking and enabling aggregatin and evaluatin f restratin prgress, addressing key uncertainties abut a resurce and its respnsiveness t restratin actins, and perfrming strategic planning fr restratin f injured resurces. Resurce- and crss-resurce-level adaptive management is supprted by targeted mnitring and scientific supprt, as apprpriate. TIG respnsibilities include the fllwing: Evaluate and aggregate prgress f multiple prjects. TIGs evaluate and aggregate mnitring data frm prjects with similar bjectives, as apprpriate, t dcument prgress tward meeting restratin type and Prgrammatic Gals (see Chapter 5, Restring Natural Resurces, fr mre details). Identify needs and set pririties fr targeted resurce-level mnitring and scientific supprt. TIGs identify the need and pririties t mst efficiently cnduct resurce-level and/r crssresurce-level mnitring and scientific supprt. TIGs define the bjectives and scpe fr resurce-level and/r crss-resurce-level mnitring and scientific supprt, identify the implementing Individual Trustee Agency(ies), authrize funding, and include mnitring and scientific supprt activities in restratin plans. Cnsider strategic planning t guide restratin f injured resurces. Particularly within the Reginwide TIG, but nt exclusively, TIGs may develp strategic plans t guide mnitring and adaptive management fr an injured resurce. TIGs may share mnitring data aggregatin and analysis respnsibilities with each ther, especially when restratin types verlap gegraphic areas, t help assess the cmbined effects f restratin prjects and t imprve the efficiency and verall effectiveness f restratin evaluatin. 7.5 Mnitring and Adaptive Management Individual Trustee Agency Individual Trustee Agencies write mnitring and adaptive management plans and cnduct mnitring activities, including prject-specific maintenance, adaptive management, and crrective actins, cnsistent with the Trustee Cuncil SOP and TIG SOPs. When designated as Implementing Trustees, Individual Trustee Agencies prject-level respnsibilities include the fllwing: Write mnitring and adaptive management plans. Implementing Trustees develp mnitring plans fr inclusin in restratin plans fr all selected prjects. Mnitring and adaptive page 7 22