Request for Comments on the Draft Revision of the Estuary Habitat Restoration Strategy Prepared by the Estuary Habitat Restoration Council, 69622-69625 [2010-28696]
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srobinson on DSKHWCL6B1PROD with NOTICES
69622
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices
Norton Way (2 acres), Perimeter Road
(33 acres), Mill Street (19 acres), Central
Avenue (32 acres), and 300 South
Tippecanoe Avenue at East Mill Street
(88 acres); Site 5 (5 acres)—10501–
10509 E. Valley Blvd. at Pacific Place,
El Monte; Site 6 (50 acres)—1875 West
Mission Boulevard, Pomona; Site 7
(1 acre)—301 San Marino Avenue,
between Broadway and Clary Avenues,
San Gabriel; Site 8 (4 acres)—22941
South Wilmington Avenue, Carson; Site
9 (30 acres)—2560 East Philadelphia
Street, Ontario; Site 10 (48 acres)—
within Ontario Ridge Commerce Center
at 3655 East Philadelphia Street, 2055
South Haven Street and 3625 East
Philadelphia Street, Ontario; Site 11
(33 acres)—4100 E. Mission Boulevard,
Ontario; Site 12 (32 acres)—1661 and
1777 S. Vintage Ave. and 1670
Champagne Ave., Ontario; Site 13
(7 acres)—2530 S. Birch Street, Santa
Ana; Site 14 (7 acres)—3000 and 31000
Segerstrom Avenue, Santa Ana; Site 15
(9 acres)—2900 and 2930 South Fairviw
Street, Santa Ana; Site 16 (1 acre)—3630
West Garry Avenue, Santa Ana; Site 17
(6 acres)—1101 W. McKinley Avenue
(buildings 4, 5, 7, 8, & 22), Pomona; and,
Site 18 (2 acres)—Santa Ana and
Junipero Serra Streets, San Gabriel.
The grantee’s proposed service area
under the ASF would include all of
Orange County and portions of Los
Angeles County and San Bernardino
County, California, as described in the
application. If approved, the grantee
would be able to serve sites throughout
the service area based on companies’
needs for FTZ designation. The
proposed service area is within and
adjacent to the Los Angeles/Long Beach
Customs and Border Protection port of
entry.
The applicant is requesting authority
to reorganize its existing zone project to
include fourteen of the existing sites as
‘‘magnet’’ sites (sites 1–8, 10, 14–18) and
four of the existing sites as ‘‘usagedriven’’ sites (sites 9, 11–13). The ASF
allows for the possible exemption of one
magnet site from the ‘‘sunset’’ time limits
that generally apply to sites under the
ASF, and the applicant proposes that
Site 2 be so exempted. The applicant is
also requesting to expand the zone to
include the following initial ‘‘usagedriven’’ sites: Proposed Site 19 (22.09
acres)—VF Outdoor, Inc., 15614–15620
and 15700 Shoemaker Avenue, Santa Fe
Springs (Los Angeles County); Proposed
Site 20 (22.32 acres)—Liberty Hardware,
5555 Jurupa Street, Ontario (San
Bernardino County); Proposed Site 21
(45.91 acres)—Tireco, Inc., 10545
Production Avenue, Fontana (San
Bernardino County); Proposed Site 22
(17.8 acres)—Schlosser Forge Company,
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11711 Arrow Route, Rancho Cucamonga
(San Bernardino County); and Proposed
Site 23 (15.7 acres)—Forged Metals Inc.,
10685 Beech Avenue, Fontana (San
Bernardino County). Because the ASF
only pertains to establishing or
reorganizing a general-purpose zone, the
application would have no impact on
FTZ 50’s authorized subzones.
In accordance with the Board’s
regulations, Christopher Kemp of the
FTZ Staff is designated examiner to
evaluate and analyze the facts and
information presented in the application
and case record and to report findings
and recommendations to the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address below. The closing period for
their receipt is January 14, 2011.
Rebuttal comments in response to
material submitted during the foregoing
period may be submitted during the
subsequent 15-day period to January 29,
2011.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room 2111,
U.S. Department of Commerce, 1401
Constitution Avenue, NW., Washington,
DC 20230–0002, and in the ‘‘Reading
Room’’ section of the Board’s Web site,
which is accessible via https://
www.trade.gov/ftz. For further
information, contact Christopher Kemp
at Christopher.Kemp@trade.gov or
(202) 482–0862.
Dated: November 8, 2010.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2010–28675 Filed 11–12–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA024
Request for Comments on the Draft
Revision of the Estuary Habitat
Restoration Strategy Prepared by the
Estuary Habitat Restoration Council
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The National Oceanic and
Atmospheric Administration, on behalf
of the interagency Estuary Habitat
Restoration Council, is soliciting
SUMMARY:
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comments on the draft revision of the
‘‘Estuary Habitat Restoration Strategy.’’
DATES: Comments and information must
be received by January 14, 2011.
ADDRESSES: Send comments to Estuary
Habitat Restoration Strategy, NOAA
Fisheries Service, 1315 East-West
Highway, Room 14730, Silver Spring,
MD 20910. Electronic comments may be
submitted by e-mail to
estuaryrestorationact@noaa.gov or via
an online form at https://www.era.
noaa.gov. NOAA is not responsible for
e-mail comments sent to addresses other
than the one provided here. Comments
should be in one of the following
formats: Word or Word Perfect. The
subject line for submission of comments
should begin with ‘‘Estuary Habitat
Restoration Strategy comments from
[insert name of agency, organization, or
individual].’’ Comments sent via e-mail,
including all attachments, must not
exceed a 10-megabyte file size.
All comments received are a part of
the public record and may be posted to
https://www.era.noaa.gov without
change. All Personal Identifying
Information (for example, name,
address, etc.) voluntarily submitted by
the commenter may be publicly
accessible. Do not submit Confidential
Business Information or otherwise
sensitive or protected information. A
copy of the current strategy and
authorizing legislation may be obtained
by writing to the address specified
above, telephoning the contact listed
below (see FOR FURTHER INFORMATION
CONTACT), or visiting the Internet at:
https://www.era.noaa.gov or https://
www.usace.army.mil/CECW/ERA/
Pages/home.aspx.
FOR FURTHER INFORMATION CONTACT:
Jenni Wallace, NOAA Fisheries Service,
Silver Spring, MD, 301–713–0174.
SUPPLEMENTARY INFORMATION: The
Estuary Restoration Act of 2000, title I
of Public Law 106–457 as amended by
Section 5017 of the Water Resources
Development Act of 2007, Public Law
110–114 (hereinafter referred to as ‘‘the
Act’’), has four purposes: (1) Promotion
of estuary habitat restoration through a
coordinated Federal approach relying
on common standards for monitoring
and a common system for tracking
restored acreage; (2) Development of a
national strategy for creating and
maintaining effective estuary habitat
restoration partnerships among public
agencies as well as through publicprivate partnerships; (3) Provision of
Federal assistance through cooperative
agreements for efficient financing of
estuary habitat restoration projects; and
(4) Development and enhancement of
monitoring and research capabilities to
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ensure that estuary habitat restoration
efforts are based on sound scientific
understanding and innovative
technologies.
The Estuary Habitat Restoration
Council, consisting of representatives
from the Department of the Army,
National Oceanic and Atmospheric
Administration, Environmental
Protection Agency, United States Fish
and Wildlife Service, and Department of
Agriculture, was established to oversee
implementation of the Act.
The Council was charged, among
other things, with developing an estuary
habitat restoration strategy designed to
ensure a comprehensive approach to
maximize benefits and foster
coordination of Federal and non-Federal
activities. Mandatory elements of the
strategy are set forth in section 106(d) of
the Act. The Council is also responsible
for soliciting, reviewing and evaluating
project proposals, and submitting a list
of recommended proposals to the
Secretary of the Army with
recommendations on project priority for
funding and implementation. All
projects selected for implementation
must be consistent with the Strategy.
In December 2002 the Estuary Habitat
Restoration Council published the Final
Estuary Habitat Restoration Strategy (67
FR 71942). Section 106(f) of the Act
authorizes the Council to periodically
review and update the estuary habitat
restoration strategy. The Council has
drafted a revised Strategy. The intent of
this notice is to obtain comments on the
draft revised strategy prepared by the
Estuary Habitat Restoration Council in
accordance with the requirements of
Section 106(e)–(f) of the Act. After
reviewing public comments on the draft,
the Council intends to publish the
adopted revised version of the Estuary
Habitat Restoration Strategy in early
2011.
The 2002 Strategy was broader than
site-specific restoration, and encouraged
the Council to develop a comprehensive
approach to maximize coordination of
ongoing Federal and non-Federal
estuary habitat restoration activities
throughout the country. There are many
elements from the 2002 Strategy that
continue to be relevant to the Council’s
efforts to effectively restore estuary
restoration habitat. However, the 2002
Strategy contained some goals that,
while worthwhile, were not achievable
due to staffing and funding constraints.
The draft revised strategy, therefore,
focuses the Council’s limited funding
and resources on more attainable and
realistic goals and identifies gaps that
are not currently being filled by other
Federal programs. In addition, the
revised strategy identifies completed
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actions from the 2002 Strategy and
discusses how the Council will build on
these accomplishments in the future.
In order to develop the draft revised
Strategy, information was gathered from
the five Federal agencies involved with
the Act. In accordance with Section
105(i) of the Act, the Council consulted
with external stakeholders to obtain
their advice. A stakeholder workshop
was held in June 2010 and a request for
public comments to guide the strategy
revision process was published in the
Federal Register on June 21, 2010 (75
FR 34975). The public comment period
was open for 30 days. Stakeholders were
asked to provide their opinions about
the direction of the Act and how the
program can best work with Federal and
non-Federal partners to achieve shared
goals.
During this stakeholder process, a
variety of gaps were identified that the
Council could direct resources to fill.
However, two issues—climate change
adaptation and socio-economic
monitoring—were repeatedly raised.
The Council addresses both of these
issues in the draft revised Strategy.
Consistent with 2002 Strategy, much
of the Council’s work has involved
soliciting and funding on-the-ground
habitat restoration projects. The Council
has also been actively engaged in
developing mechanisms that track
estuary habitat restoration activities
throughout the country and improve
monitoring and research capabilities to
ensure that estuary habitat restoration
efforts are based on sound scientific
understanding and innovative
technologies.
This revised Strategy enhances the
Council’s role in estuary habitat
restoration, and establishes a focus that
will maximize benefits to our Nation’s
estuaries. Based upon stakeholder
feedback, and in alignment with the
Administration’s National Ocean Policy,
the Council will direct resources toward
restoration projects (and their
monitoring) that will be able to adapt to
the stressors associated with climate
change. The Council will use climate
adaptation as a priority-setting tool,
while still addressing the other
objectives and principles of the Strategy
and Act.
Draft Revised Estuary Habitat
Restoration Strategy
Vision Statement
The primary objectives of this strategy
are to: (1) Restore estuarine habitats in
a manner that allows for adaptation to
stressors associated with climate
change, (2) build conservation
partnerships, (3) provide incentives to
partners to develop innovative
restoration technology and (4) enhance
monitoring capabilities.
Introduction
The Estuary Restoration Act (title I of
Pub. L. 106–457) (Act) was created in
2000 to establish a collaborative process
among Federal agencies for addressing
the pressures facing our Nation’s
estuaries. In 2007, the Act was amended
by Section 5017 of the Water Resources
Development Act (Pub. L. 110–114). As
part of the Act, an inter-agency Estuary
Habitat Restoration Council (Council)
was established to encourage the
restoration of estuary habitat through
more efficient project financing and
enhanced coordination of Federal and
non-Federal restoration programs, and
for other purposes. The Council is also
responsible for developing and revising
from time-to-time an Estuary Habitat
Restoration Strategy (Strategy) in
accordance with Section 106 of the Act.
This Strategy revises and supersedes the
Final Estuary Habitat Restoration
Strategy originally published in 2002
(67 FR 71942). The Council consists of
representatives from the Department of
the Army—U.S. Army Corps of
Engineers (USACE), Department of
Commerce—National Oceanic and
Atmospheric Administration (NOAA),
the Environmental Protection Agency,
the Department of the Interior—United
States Fish and Wildlife Service
(USFWS), and the Department of
Agriculture—Natural Resources
Conservation Service (NRCS).
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Overarching Principles of the Estuary
Restoration Act Strategy
The Council recognizes three
overarching principles to efficiently
implement the Act and to contribute to
estuary habitat restoration efforts on a
national scale. These principles include:
supporting existing Federal programs
and fostering partnerships between
Federal and non-Federal partners;
working at an ecosystem level; and
working within existing regional
governance structures and voluntary
conservation frameworks actively
engaged in estuary habitat restoration
issues and supporting the
Administration’s National Ocean Policy.
To support this Strategy’s identified
focus these three principles will be
viewed through the lens of climate
change adaptation.
Public/Private Partnerships
To efficiently restore and preserve our
Nation’s estuarine habitat it is essential
to enhance partnerships among
government agencies, non-governmental
entities, and private individuals.
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to foster cooperation between
government agencies at the Federal,
State, and local levels, and that project
proponents seeking funding from the
Act collaborate on the ground with any
existing local governance structures. In
addition, the Council will reach out to
non-ERA Federal agencies to encourage
collaboration and support of the goals of
the Act.
This coordination is in accordance
with the Act and complements the
Administration’s National Ocean Policy,
which includes a set of overarching
guiding principles for management
decisions and actions. The Council
recognizes that the principles and
objectives of this Strategy will aid the
National Ocean Council in
implementation of the Policy and
Implementation Strategy. In particular,
this Strategy supports Priority Objective
5: Resiliency and Adaptation to Climate
Change and Ocean Acidification and
Priority Objective 6: Regional Ecosystem
Protection and Restoration.
Ecosystem Level Approach
This Strategy recognizes that
successful estuary restoration projects
with multiple goals will improve
ecosystem function. In its review of
project proposals, the Council will
support projects developed in an
ecosystem context with multiple
benefits and those that utilize natural
processes to restore and maintain
estuary habitat. Restoration projects
should be designed using an ecosystem
or watershed approach to establish a
self-sustaining area that provides the
structure and function necessary to
support the many interrelated physical,
biological, and chemical components of
healthy estuarine habitats.
srobinson on DSKHWCL6B1PROD with NOTICES
Integrating with public-private
partnerships is a central theme of the
Act and a critical part of this Strategy.
Currently, hundreds of existing public/
private partnerships direct significant
portions of their resources to the
restoration of estuarine habitat
throughout the United States. In
addition, many of these ecosystem level
partnerships currently incorporate
climate change adaptation components
into their own ongoing activities.
Although too numerous to list, a few
examples include the National Fish
Habitat Action Plan, National Waterfowl
Management Plan Joint Ventures, the
National Estuary Program, the National
Estuarine Research Reserve System, and
Fish and Wildlife Service Landscape
Conservation Cooperatives, as well as
many projects implemented by both the
NRCS and USACE and their partners.
To maximize public-private
partnerships, the Council will prioritize
funding to projects that collaborate
among public agencies and private
organizations during the
implementation of estuary restoration
projects.
The following paragraphs describe the
objectives of this Strategy.
Regional Ocean Governance and
National Ocean Policy
The Act encourages coordination
among all levels of government in order
to address issues of estuarine habitat
loss and degradation. The Council
recognizes that there are a variety of
regional governance structures whose
efforts contribute significantly to estuary
restoration, including the Gulf of
Mexico Alliance, Northeast Regional
Ocean Council, West Coast Governor’s
Agreement on Ocean Health, MidAtlantic Regional Council on the Ocean,
and the South Atlantic Alliance. There
are many existing Federal programs
actively involved in the protection,
restoration and science of estuaries that
work with the regional governance
structures. It is the goal of the Council
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Objectives of the Estuary Restoration
Act Strategy
Restore Estuarine Habitats in a Manner
That Allows for Adaptation to Stressors
Associated With Climate Change
Coastal and marine habitats are
already experiencing effects of climate
change and will continue to be among
the first and most obvious areas to suffer
damage as changes continue to occur.
The Council recognizes that by
increasing and protecting the amount of
available habitat, restoration projects
will account for many environmental
stressors on estuarine species and
increase the habitats’ ability to adapt to
changing climate conditions. Examples
could include projects that increase the
amount of available salt marsh habitat to
buffer against sea level rise or a fish
passage barrier removal project that
increases available cool water habitat
that will benefit anadromous fish.
Build Conservation Partnerships
In order to maximize public-private
partnerships, the Council encourages
collaboration among public agencies,
private organizations, companies, and
individuals (e.g., private landowners,
hunters, birders, and fishermen) in
restoration efforts. This connectivity
encourages private organizations,
companies, landowners and others to
bring their resources (financial or inkind) to the table to assist in planning
and implementing successful restoration
projects.
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The Council particularly encourages
the use of existing partnerships and
planning entities to carry out this
Strategy, including the regional ocean
governance structures.
Support Innovative Restoration
Technology
The Act provides a financial incentive
for the use of innovative technology or
approaches by increasing the Federal
share of the cost for the incremental
increase in project cost due to the use
of innovative technology. The Council
encourages project planners to develop
innovative technology as they design
restoration projects. Additionally,
project planners are encouraged to
develop unique and innovative
technologies that are designed with
climate change adaption in mind. The
Council recognizes that there is less risk
involved when funding restoration
projects that utilize familiar techniques,
since there is a higher degree of
certainty that the project will result in
the desired outcomes. However, the Act
emphasizes the need to support projects
that utilize innovative technology and,
therefore, the Council will prioritize
projects that propose untested
techniques that appear to be based on
scientifically-sound assumptions. The
Council will consider technology
‘‘innovative’’ if it involves a new
process, technique, or material or uses
existing processes, techniques, or
materials in a new application or habitat
type.
Enhance Monitoring Capabilities
Monitoring is important for a number
of reasons. It allows practitioners to
track success and determine which
methodologies are successful, which are
most cost effective, when adaptive
management is required and when more
information is required prior to
implementing restoration. By closely
tracking progress at the project level,
restoration practitioners and
policymakers can determine whether
individual projects contribute to
meeting the goals of estuary and
regional restoration plans, and tally
habitat acreage restored at a national
scale.
The Act recognizes the importance of
monitoring to the success of any
estuarine restoration program. It
requires NOAA, in consultation with
the Council, to establish monitoring
requirements for projects funded under
the Act. Those standards may be found
at: https://www.era.noaa.gov/
information/monitor.html. They are
based on NOAA’s two-volume ScienceBased Restoration Monitoring of Coastal
Habitats, which provides standard data
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formats for project monitoring, along
with requirements for types of data
collected and frequency of monitoring.
The first volume (A Framework for
Monitoring Plans Under the Estuaries
and Clean Water Act of 2000) contains
a framework for the creation of a
monitoring plan. The second volume
(Tools for Monitoring Coastal Habitats)
contains detailed discussions of the
habitats and their characteristics, along
with a variety of additional information.
These documents are available at the
URL listed above.
The Council will continue to promote
monitoring of estuarine restoration
projects with other agencies and when
considering funding projects. In
addition, the Council will prioritize
projects with monitoring plans that
measure the effectiveness of the climate
change adaptation components of the
project design. Project monitoring,
however, must be scaled to the project’s
scope, and level of risk.
Mechanisms To Support the Estuary
Restoration Act Strategy
Solicitation Process
The solicitation for estuarine habitat
restoration projects incorporates
elements that must be considered as
described in Section 104(c) of the Act,
where the Council determines which
projects to recommend for funding.
Other elements within the solicitation
include an equitable geographic
distribution of projects, a balance of
large and small projects, and
encouragement of demonstration of
innovative technology. The solicitation
for estuarine habitat restoration project
proposals will describe more
specifically the criteria that the Council
will use to prioritize climate change
adaptation projects, as well as other
ranking criteria.
Efficient Project Financing and
Implementation
As part of the Estuary Restoration Act,
the Council was established to
encourage the restoration of estuary
habitat through more efficient project
financing and implementation. The
Council and its partners are developing
processes to improve the efficiency at
which the projects are implemented.
srobinson on DSKHWCL6B1PROD with NOTICES
Science of Restoration Monitoring
In 2008 NOAA entered into a
partnership with the National Estuarine
Research Reserve Program to estimate
the long-term success of restoration
techniques. Grants were awarded to five
National Estuarine Research Reserves
(Wells, ME; Narragansett Bay, RI;
Chesapeake Bay, VA; North Carolina;
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South Slough, OR) for this work. Project
goals included: Establish reference
transects for measuring vegetation,
groundwater/tidal inundation, soil and
pore water properties; monitor reference
and restoration sites to determine
restoration ‘‘success’’ at individual sites;
determine restoration technique
effectiveness; and assess best
monitoring parameters to determine
success. In 2011 a final report will
articulate outcomes including reference
site data that can be used by other
restoration practitioners and an analysis
of the success of past salt marsh
restoration projects.
Socio-Economic Monitoring
Building on previous socio-economic
efforts, NOAA has funded an external
panel and three case studies to help
determine the value and impact of
coastal habitat restoration. These studies
will produce the best methods and
metrics to use in measuring the
economics of restoration. NOAA, on
behalf of the ERA, will continue to fund
socio-economic monitoring studies to
help NOAA, the four other ERA
agencies, and our restoration partners
consider systematic approaches for the
collection of data to measure and
monitor the economic outcomes of
habitat restoration in the coastal zone.
National Estuaries Restoration
Inventory
As required by the Act NOAA, in
consultation with the Council,
developed the National Estuaries
Restoration Inventory (NERI) (https://
neri.noaa.gov/neri/), which maintains a
database of information concerning
estuarine habitat restoration projects
carried out under the Act, as well as for
other projects that meet the minimum
monitoring requirements. The inventory
contains information on project
techniques, project completion,
monitoring data, and other relevant
information. This database is Internetaccessible to allow widespread
dissemination and use of restoration
project and monitoring data. The goal is
to incorporate information on estuarine
projects from multiple sources. NOAA
will continue to work to incorporate
estuarine restoration data from all the
agencies represented on the Council,
including EPA’s National Estuary
Program On-line Reporting Tool
(NEPORT), the FWS Habitat Information
Tracking System (HabITS), and the
Corps’ Civil Works Aquatic Ecosystem
Restoration database.
Trends
Understanding trends for estuarine
habitat is key to an effective and
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69625
efficient restoration program. Trends
data provide a chronological and
geographic picture of change in habitat
types, thereby helping managers to
recognize ecological stability or stress.
Under the auspices of the Act, two
documents that measure estuarine
habitat within the U.S. have been
finalized in order to address the
estimated historic losses, estimated
current rate of loss, and extent of the
threat of future loss or degradation of
each type of estuary habitat. The ‘‘Status
and Trends of Wetlands in the Coastal
Watersheds of the Eastern United States,
1998 to 2004’’ (https://www.fws.gov/
wetlands/_documents/gSandT/National
Reports/StatusTrendsWetlandsCoastal
WatershedsEasternUS1998to2004.pdf)
was completed in 2008. In this
document, NOAA and USFWS analyzed
sample plots using digital highresolution imagery to identify wetlands
and land use changes between 1998 and
2004 in the coastal watersheds of the
United States adjacent to the Atlantic
Ocean, Gulf of Mexico, and Great Lakes.
The ‘‘Habitat Change Analysis’’ (https://
www.era.noaa.gov/pdfs/final_habitat_
trends_report.pdf) was completed in
2005. This document assesses the
overall conditions of historic and recent
degradation and loss of estuaryassociated ecosystems and focuses on
the extent and condition of estuarine
and Great Lakes wetlands in the
continental United States, using two
time frames, 1930–2004 and 1992–2004.
Moving Forward
Working with public/private partners
and other interested stakeholders, the
Council will review and refine this
Strategy over time in an iterative
process, as new information becomes
available, as implementation of the
National Ocean Policy is initiated, and
as progress toward meeting the goals of
the Act is evaluated. The Council will
create an Action Plan that will articulate
what it will do to move forward on the
principles and objectives identified in
this Strategy. The Council looks forward
to addressing the challenges facing
estuarine habitat restoration and serving
as an effective vehicle through which
five Federal agencies can cooperatively
direct their resources.
Dated: November 8, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010–28696 Filed 11–12–10; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69622-69625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28696]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA024
Request for Comments on the Draft Revision of the Estuary Habitat
Restoration Strategy Prepared by the Estuary Habitat Restoration
Council
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The National Oceanic and Atmospheric Administration, on behalf
of the interagency Estuary Habitat Restoration Council, is soliciting
comments on the draft revision of the ``Estuary Habitat Restoration
Strategy.''
DATES: Comments and information must be received by January 14, 2011.
ADDRESSES: Send comments to Estuary Habitat Restoration Strategy, NOAA
Fisheries Service, 1315 East-West Highway, Room 14730, Silver Spring,
MD 20910. Electronic comments may be submitted by e-mail to
estuaryrestorationact@noaa.gov or via an online form at https://www.era.noaa.gov. NOAA is not responsible for e-mail comments sent to addresses
other than the one provided here. Comments should be in one of the
following formats: Word or Word Perfect. The subject line for
submission of comments should begin with ``Estuary Habitat Restoration
Strategy comments from [insert name of agency, organization, or
individual].'' Comments sent via e-mail, including all attachments,
must not exceed a 10-megabyte file size.
All comments received are a part of the public record and may be
posted to https://www.era.noaa.gov without change. All Personal
Identifying Information (for example, name, address, etc.) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
Confidential Business Information or otherwise sensitive or protected
information. A copy of the current strategy and authorizing legislation
may be obtained by writing to the address specified above, telephoning
the contact listed below (see FOR FURTHER INFORMATION CONTACT), or
visiting the Internet at: https://www.era.noaa.gov or https://www.usace.army.mil/CECW/ERA/Pages/home.aspx.
FOR FURTHER INFORMATION CONTACT: Jenni Wallace, NOAA Fisheries Service,
Silver Spring, MD, 301-713-0174.
SUPPLEMENTARY INFORMATION: The Estuary Restoration Act of 2000, title I
of Public Law 106-457 as amended by Section 5017 of the Water Resources
Development Act of 2007, Public Law 110-114 (hereinafter referred to as
``the Act''), has four purposes: (1) Promotion of estuary habitat
restoration through a coordinated Federal approach relying on common
standards for monitoring and a common system for tracking restored
acreage; (2) Development of a national strategy for creating and
maintaining effective estuary habitat restoration partnerships among
public agencies as well as through public-private partnerships; (3)
Provision of Federal assistance through cooperative agreements for
efficient financing of estuary habitat restoration projects; and (4)
Development and enhancement of monitoring and research capabilities to
[[Page 69623]]
ensure that estuary habitat restoration efforts are based on sound
scientific understanding and innovative technologies.
The Estuary Habitat Restoration Council, consisting of
representatives from the Department of the Army, National Oceanic and
Atmospheric Administration, Environmental Protection Agency, United
States Fish and Wildlife Service, and Department of Agriculture, was
established to oversee implementation of the Act.
The Council was charged, among other things, with developing an
estuary habitat restoration strategy designed to ensure a comprehensive
approach to maximize benefits and foster coordination of Federal and
non-Federal activities. Mandatory elements of the strategy are set
forth in section 106(d) of the Act. The Council is also responsible for
soliciting, reviewing and evaluating project proposals, and submitting
a list of recommended proposals to the Secretary of the Army with
recommendations on project priority for funding and implementation. All
projects selected for implementation must be consistent with the
Strategy.
In December 2002 the Estuary Habitat Restoration Council published
the Final Estuary Habitat Restoration Strategy (67 FR 71942). Section
106(f) of the Act authorizes the Council to periodically review and
update the estuary habitat restoration strategy. The Council has
drafted a revised Strategy. The intent of this notice is to obtain
comments on the draft revised strategy prepared by the Estuary Habitat
Restoration Council in accordance with the requirements of Section
106(e)-(f) of the Act. After reviewing public comments on the draft,
the Council intends to publish the adopted revised version of the
Estuary Habitat Restoration Strategy in early 2011.
The 2002 Strategy was broader than site-specific restoration, and
encouraged the Council to develop a comprehensive approach to maximize
coordination of ongoing Federal and non-Federal estuary habitat
restoration activities throughout the country. There are many elements
from the 2002 Strategy that continue to be relevant to the Council's
efforts to effectively restore estuary restoration habitat. However,
the 2002 Strategy contained some goals that, while worthwhile, were not
achievable due to staffing and funding constraints. The draft revised
strategy, therefore, focuses the Council's limited funding and
resources on more attainable and realistic goals and identifies gaps
that are not currently being filled by other Federal programs. In
addition, the revised strategy identifies completed actions from the
2002 Strategy and discusses how the Council will build on these
accomplishments in the future.
In order to develop the draft revised Strategy, information was
gathered from the five Federal agencies involved with the Act. In
accordance with Section 105(i) of the Act, the Council consulted with
external stakeholders to obtain their advice. A stakeholder workshop
was held in June 2010 and a request for public comments to guide the
strategy revision process was published in the Federal Register on June
21, 2010 (75 FR 34975). The public comment period was open for 30 days.
Stakeholders were asked to provide their opinions about the direction
of the Act and how the program can best work with Federal and non-
Federal partners to achieve shared goals.
During this stakeholder process, a variety of gaps were identified
that the Council could direct resources to fill. However, two issues--
climate change adaptation and socio-economic monitoring--were
repeatedly raised. The Council addresses both of these issues in the
draft revised Strategy.
Draft Revised Estuary Habitat Restoration Strategy
Introduction
The Estuary Restoration Act (title I of Pub. L. 106-457) (Act) was
created in 2000 to establish a collaborative process among Federal
agencies for addressing the pressures facing our Nation's estuaries. In
2007, the Act was amended by Section 5017 of the Water Resources
Development Act (Pub. L. 110-114). As part of the Act, an inter-agency
Estuary Habitat Restoration Council (Council) was established to
encourage the restoration of estuary habitat through more efficient
project financing and enhanced coordination of Federal and non-Federal
restoration programs, and for other purposes. The Council is also
responsible for developing and revising from time-to-time an Estuary
Habitat Restoration Strategy (Strategy) in accordance with Section 106
of the Act. This Strategy revises and supersedes the Final Estuary
Habitat Restoration Strategy originally published in 2002 (67 FR
71942). The Council consists of representatives from the Department of
the Army--U.S. Army Corps of Engineers (USACE), Department of
Commerce--National Oceanic and Atmospheric Administration (NOAA), the
Environmental Protection Agency, the Department of the Interior--United
States Fish and Wildlife Service (USFWS), and the Department of
Agriculture--Natural Resources Conservation Service (NRCS).
Consistent with 2002 Strategy, much of the Council's work has
involved soliciting and funding on-the-ground habitat restoration
projects. The Council has also been actively engaged in developing
mechanisms that track estuary habitat restoration activities throughout
the country and improve monitoring and research capabilities to ensure
that estuary habitat restoration efforts are based on sound scientific
understanding and innovative technologies.
This revised Strategy enhances the Council's role in estuary
habitat restoration, and establishes a focus that will maximize
benefits to our Nation's estuaries. Based upon stakeholder feedback,
and in alignment with the Administration's National Ocean Policy, the
Council will direct resources toward restoration projects (and their
monitoring) that will be able to adapt to the stressors associated with
climate change. The Council will use climate adaptation as a priority-
setting tool, while still addressing the other objectives and
principles of the Strategy and Act.
Vision Statement
The primary objectives of this strategy are to: (1) Restore
estuarine habitats in a manner that allows for adaptation to stressors
associated with climate change, (2) build conservation partnerships,
(3) provide incentives to partners to develop innovative restoration
technology and (4) enhance monitoring capabilities.
Overarching Principles of the Estuary Restoration Act Strategy
The Council recognizes three overarching principles to efficiently
implement the Act and to contribute to estuary habitat restoration
efforts on a national scale. These principles include: supporting
existing Federal programs and fostering partnerships between Federal
and non-Federal partners; working at an ecosystem level; and working
within existing regional governance structures and voluntary
conservation frameworks actively engaged in estuary habitat restoration
issues and supporting the Administration's National Ocean Policy.
To support this Strategy's identified focus these three principles
will be viewed through the lens of climate change adaptation.
Public/Private Partnerships
To efficiently restore and preserve our Nation's estuarine habitat
it is essential to enhance partnerships among government agencies, non-
governmental entities, and private individuals.
[[Page 69624]]
Integrating with public-private partnerships is a central theme of the
Act and a critical part of this Strategy. Currently, hundreds of
existing public/private partnerships direct significant portions of
their resources to the restoration of estuarine habitat throughout the
United States. In addition, many of these ecosystem level partnerships
currently incorporate climate change adaptation components into their
own ongoing activities. Although too numerous to list, a few examples
include the National Fish Habitat Action Plan, National Waterfowl
Management Plan Joint Ventures, the National Estuary Program, the
National Estuarine Research Reserve System, and Fish and Wildlife
Service Landscape Conservation Cooperatives, as well as many projects
implemented by both the NRCS and USACE and their partners.
To maximize public-private partnerships, the Council will
prioritize funding to projects that collaborate among public agencies
and private organizations during the implementation of estuary
restoration projects.
Ecosystem Level Approach
This Strategy recognizes that successful estuary restoration
projects with multiple goals will improve ecosystem function. In its
review of project proposals, the Council will support projects
developed in an ecosystem context with multiple benefits and those that
utilize natural processes to restore and maintain estuary habitat.
Restoration projects should be designed using an ecosystem or watershed
approach to establish a self-sustaining area that provides the
structure and function necessary to support the many interrelated
physical, biological, and chemical components of healthy estuarine
habitats.
Regional Ocean Governance and National Ocean Policy
The Act encourages coordination among all levels of government in
order to address issues of estuarine habitat loss and degradation. The
Council recognizes that there are a variety of regional governance
structures whose efforts contribute significantly to estuary
restoration, including the Gulf of Mexico Alliance, Northeast Regional
Ocean Council, West Coast Governor's Agreement on Ocean Health, Mid-
Atlantic Regional Council on the Ocean, and the South Atlantic
Alliance. There are many existing Federal programs actively involved in
the protection, restoration and science of estuaries that work with the
regional governance structures. It is the goal of the Council to foster
cooperation between government agencies at the Federal, State, and
local levels, and that project proponents seeking funding from the Act
collaborate on the ground with any existing local governance
structures. In addition, the Council will reach out to non-ERA Federal
agencies to encourage collaboration and support of the goals of the
Act.
This coordination is in accordance with the Act and complements the
Administration's National Ocean Policy, which includes a set of
overarching guiding principles for management decisions and actions.
The Council recognizes that the principles and objectives of this
Strategy will aid the National Ocean Council in implementation of the
Policy and Implementation Strategy. In particular, this Strategy
supports Priority Objective 5: Resiliency and Adaptation to Climate
Change and Ocean Acidification and Priority Objective 6: Regional
Ecosystem Protection and Restoration.
Objectives of the Estuary Restoration Act Strategy
The following paragraphs describe the objectives of this Strategy.
Restore Estuarine Habitats in a Manner That Allows for Adaptation to
Stressors Associated With Climate Change
Coastal and marine habitats are already experiencing effects of
climate change and will continue to be among the first and most obvious
areas to suffer damage as changes continue to occur. The Council
recognizes that by increasing and protecting the amount of available
habitat, restoration projects will account for many environmental
stressors on estuarine species and increase the habitats' ability to
adapt to changing climate conditions. Examples could include projects
that increase the amount of available salt marsh habitat to buffer
against sea level rise or a fish passage barrier removal project that
increases available cool water habitat that will benefit anadromous
fish.
Build Conservation Partnerships
In order to maximize public-private partnerships, the Council
encourages collaboration among public agencies, private organizations,
companies, and individuals (e.g., private landowners, hunters, birders,
and fishermen) in restoration efforts. This connectivity encourages
private organizations, companies, landowners and others to bring their
resources (financial or in-kind) to the table to assist in planning and
implementing successful restoration projects.
The Council particularly encourages the use of existing
partnerships and planning entities to carry out this Strategy,
including the regional ocean governance structures.
Support Innovative Restoration Technology
The Act provides a financial incentive for the use of innovative
technology or approaches by increasing the Federal share of the cost
for the incremental increase in project cost due to the use of
innovative technology. The Council encourages project planners to
develop innovative technology as they design restoration projects.
Additionally, project planners are encouraged to develop unique and
innovative technologies that are designed with climate change adaption
in mind. The Council recognizes that there is less risk involved when
funding restoration projects that utilize familiar techniques, since
there is a higher degree of certainty that the project will result in
the desired outcomes. However, the Act emphasizes the need to support
projects that utilize innovative technology and, therefore, the Council
will prioritize projects that propose untested techniques that appear
to be based on scientifically-sound assumptions. The Council will
consider technology ``innovative'' if it involves a new process,
technique, or material or uses existing processes, techniques, or
materials in a new application or habitat type.
Enhance Monitoring Capabilities
Monitoring is important for a number of reasons. It allows
practitioners to track success and determine which methodologies are
successful, which are most cost effective, when adaptive management is
required and when more information is required prior to implementing
restoration. By closely tracking progress at the project level,
restoration practitioners and policymakers can determine whether
individual projects contribute to meeting the goals of estuary and
regional restoration plans, and tally habitat acreage restored at a
national scale.
The Act recognizes the importance of monitoring to the success of
any estuarine restoration program. It requires NOAA, in consultation
with the Council, to establish monitoring requirements for projects
funded under the Act. Those standards may be found at: https://www.era.noaa.gov/information/monitor.html. They are based on NOAA's
two-volume Science-Based Restoration Monitoring of Coastal Habitats,
which provides standard data
[[Page 69625]]
formats for project monitoring, along with requirements for types of
data collected and frequency of monitoring. The first volume (A
Framework for Monitoring Plans Under the Estuaries and Clean Water Act
of 2000) contains a framework for the creation of a monitoring plan.
The second volume (Tools for Monitoring Coastal Habitats) contains
detailed discussions of the habitats and their characteristics, along
with a variety of additional information. These documents are available
at the URL listed above.
The Council will continue to promote monitoring of estuarine
restoration projects with other agencies and when considering funding
projects. In addition, the Council will prioritize projects with
monitoring plans that measure the effectiveness of the climate change
adaptation components of the project design. Project monitoring,
however, must be scaled to the project's scope, and level of risk.
Mechanisms To Support the Estuary Restoration Act Strategy
Solicitation Process
The solicitation for estuarine habitat restoration projects
incorporates elements that must be considered as described in Section
104(c) of the Act, where the Council determines which projects to
recommend for funding. Other elements within the solicitation include
an equitable geographic distribution of projects, a balance of large
and small projects, and encouragement of demonstration of innovative
technology. The solicitation for estuarine habitat restoration project
proposals will describe more specifically the criteria that the Council
will use to prioritize climate change adaptation projects, as well as
other ranking criteria.
Efficient Project Financing and Implementation
As part of the Estuary Restoration Act, the Council was established
to encourage the restoration of estuary habitat through more efficient
project financing and implementation. The Council and its partners are
developing processes to improve the efficiency at which the projects
are implemented.
Science of Restoration Monitoring
In 2008 NOAA entered into a partnership with the National Estuarine
Research Reserve Program to estimate the long-term success of
restoration techniques. Grants were awarded to five National Estuarine
Research Reserves (Wells, ME; Narragansett Bay, RI; Chesapeake Bay, VA;
North Carolina; South Slough, OR) for this work. Project goals
included: Establish reference transects for measuring vegetation,
groundwater/tidal inundation, soil and pore water properties; monitor
reference and restoration sites to determine restoration ``success'' at
individual sites; determine restoration technique effectiveness; and
assess best monitoring parameters to determine success. In 2011 a final
report will articulate outcomes including reference site data that can
be used by other restoration practitioners and an analysis of the
success of past salt marsh restoration projects.
Socio-Economic Monitoring
Building on previous socio-economic efforts, NOAA has funded an
external panel and three case studies to help determine the value and
impact of coastal habitat restoration. These studies will produce the
best methods and metrics to use in measuring the economics of
restoration. NOAA, on behalf of the ERA, will continue to fund socio-
economic monitoring studies to help NOAA, the four other ERA agencies,
and our restoration partners consider systematic approaches for the
collection of data to measure and monitor the economic outcomes of
habitat restoration in the coastal zone.
National Estuaries Restoration Inventory
As required by the Act NOAA, in consultation with the Council,
developed the National Estuaries Restoration Inventory (NERI) (https://neri.noaa.gov/neri/), which maintains a database of information
concerning estuarine habitat restoration projects carried out under the
Act, as well as for other projects that meet the minimum monitoring
requirements. The inventory contains information on project techniques,
project completion, monitoring data, and other relevant information.
This database is Internet-accessible to allow widespread dissemination
and use of restoration project and monitoring data. The goal is to
incorporate information on estuarine projects from multiple sources.
NOAA will continue to work to incorporate estuarine restoration data
from all the agencies represented on the Council, including EPA's
National Estuary Program On-line Reporting Tool (NEPORT), the FWS
Habitat Information Tracking System (HabITS), and the Corps' Civil
Works Aquatic Ecosystem Restoration database.
Trends
Understanding trends for estuarine habitat is key to an effective
and efficient restoration program. Trends data provide a chronological
and geographic picture of change in habitat types, thereby helping
managers to recognize ecological stability or stress.
Under the auspices of the Act, two documents that measure estuarine
habitat within the U.S. have been finalized in order to address the
estimated historic losses, estimated current rate of loss, and extent
of the threat of future loss or degradation of each type of estuary
habitat. The ``Status and Trends of Wetlands in the Coastal Watersheds
of the Eastern United States, 1998 to 2004'' (https://www.fws.gov/wetlands/_documents/gSandT/NationalReports/StatusTrendsWetlandsCoastalWatershedsEasternUS1998to2004.pdf) was
completed in 2008. In this document, NOAA and USFWS analyzed sample
plots using digital high-resolution imagery to identify wetlands and
land use changes between 1998 and 2004 in the coastal watersheds of the
United States adjacent to the Atlantic Ocean, Gulf of Mexico, and Great
Lakes. The ``Habitat Change Analysis'' (https://www.era.noaa.gov/pdfs/final_habitat_trends_report.pdf) was completed in 2005. This
document assesses the overall conditions of historic and recent
degradation and loss of estuary-associated ecosystems and focuses on
the extent and condition of estuarine and Great Lakes wetlands in the
continental United States, using two time frames, 1930-2004 and 1992-
2004.
Moving Forward
Working with public/private partners and other interested
stakeholders, the Council will review and refine this Strategy over
time in an iterative process, as new information becomes available, as
implementation of the National Ocean Policy is initiated, and as
progress toward meeting the goals of the Act is evaluated. The Council
will create an Action Plan that will articulate what it will do to move
forward on the principles and objectives identified in this Strategy.
The Council looks forward to addressing the challenges facing estuarine
habitat restoration and serving as an effective vehicle through which
five Federal agencies can cooperatively direct their resources.
Dated: November 8, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010-28696 Filed 11-12-10; 8:45 am]
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