[Federal Register Volume 67, Number 232 (Tuesday, December 3, 2002)]
[Notices]
[Pages 71942-71949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30570]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Final Estuary Habitat Restoration Strategy Prepared by the
Estuary Habitat Restoration Council
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice.
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SUMMARY: The Corps of Engineers on behalf of the interagency Estuary
Habitat Restoration Council is publishing the final ``Estuary Habitat
Restoration Strategy.'' The comments received on the draft published on
May 3, 2002,
[[Page 71943]]
were reviewed and changes have been made to clarify the intent of the
Council and correct errors.
FOR FURTHER ASSISTANCE CONTACT: Ms. Ellen Cummings, Headquarters, U.S.
Army Corps of Engineers, Washington, DC 20314-1000, (202) 761-4558; or
Ms. Cynthia Garman-Squier, Office of the Assistant Secretary of the
Army (Civil Works), Washington, DC, (703) 695-6791.
SUPPLEMENTARY INFORMATION: The Estuary Restoration Act of 2000, title I
of Pub. L. 106-457 has four purposes: (1) Promotion of estuary habitat
restoration; (2) Development of a national strategy for creating and
maintaining effective estuary habitat restoration partnerships; (3)
Provision of Federal assistance for estuary habitat restoration
projects; and (4) Development and enhancement of monitoring and
research capabilities to ensure that estuary habitat restoration
efforts are based on sound scientific understanding and innovative
technologies. The Estuary Habitat Restoration Council, consisting of
representatives from Department of the Army, National Oceanic and
Atmospheric Administration, the Environmental Protection Agency, United
States Fish and Wildlife Service, and the Department of Agriculture,
was established to oversee implementation of the Act.
The Council is charged 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. The goal of the strategy is restoration of 1,000,000 acres
of estuary habitat by the year 2010. Elements of the strategy are
discussed in section 106(d) of the Act. The intent of this notice is to
publish the strategy prepared by the Estuary Habitat Restoration
Council in accordance with these requirements.
The Council received comments on the draft strategy published in
May from 26 parties including five Federal and six State agencies, 11
non-governmental groups, one corporation, two intergovernmental bodies
and one individual. Responses to the questions published with the draft
Strategy were thought provoking and varied. There was no strong
consensus among the commenters in support of major changes to the draft
strategy. However, a new section was added to recognize the importance
of innovative technology and the role of the National Estuarine
Research Reserve System. Commenters were divided regarding the merits
of local vs. national awards and the definition of small vs. large
projects. There were several requests for the inclusion of additional
examples to those in the draft. In some instances additional examples
have been added but the Council did not intend for the strategy to be
an inclusive list of all possibly relevant activities or documents.
Many commenters suggested clarifying language that has generally been
incorporated or resulted in related modifications of the text. A number
of commenters took issue with aspects of the strategy, including
definitions and requirements such as including the Great Lakes, that
are dictated by the Act and therefore cannot be changed. Several
commenters desired more information about the process that will be used
to implement the program for estuary habitat restoration. The Council
still believes that this level of programmatic detail is inappropriate
for inclusion in the strategy. This material will be released in the
future using various means. Some of the changes by section are
highlighted below.
a. Introduction. The term ``unimpaired connection'' in the
definition of ``estuary'' has been clarified to indicate that this is
in reference to ``natural'' convergence patterns between fresh and
salt-water sources. In response to comments from practitioners in the
Great Lakes area, the areas to be considered as ``estuary'' under this
Act are described as ``riparian and nearshore areas adjacent to the
drowned mouths of streams.'' A sentence has been added to clarify that
the strategy supports restoration of degraded estuary habitat or
creation of estuary habitat, including activities in estuaries and
associated ecosystems.
b. Trends of Estuary Habitats. The Council acknowledges that when
using trends data it is important to understand the rationale
underlying the data presented, as it may not be accurate to make local
assumptions based on data acquired for a national study. The discussion
of the use of trends data in proposals has been modified to clarify
that existing information should be used. While there was support for
using a classification system based on Cowardin et al., the Council
acknowledges that there may be times when regional clarifying
refinements should be recognized.
c. Estuary Management or Habitat Restoration Plans. Language has
been added to clarify that the Federal plans listed in the Act are not
the only Federal plans that will be considered as meeting the Act's
definition of ``estuary habitat restoration plan.'' A reference to
protection of estuary habitat was deleted to reduce confusion regarding
the scope of activities considered under the Act.
d. Ecosystem Level Approach. In response to comments, a definition
for ``self-sustaining'' has been added. The importance of addressing
causes of degradation is noted and the potential synergy of locating
restoration projects adjacent to protected areas is acknowledged.
e. Partnerships. An acknowledgement of the variety of possible
partnership models has been added. In response to comments requesting
that lists of funding sources be included in the strategy, a citation
has been added for one example of existing lists.
f. Habitat Restoration Program. Most of the changes were designed
to improve clarity in the discussion of the project selection criteria
included in the Act and the scope of the cost covered in the definition
of a ``small'' project. Recognition of the possible synergy of
combining estuarine habitat restoration activities with otherwise
``excluded activities'' has been included.
g. Innovative Technology. This section was added to acknowledge the
role of the National Estuarine Research Reserve System.
h. Ensuring Success. The need to consult with existing broad-scale
monitoring programs when developing a long-term monitoring program to
detect large-scale changes has been added.
Estuary Habitat Restoration Strategy
Introduction
This Estuary Habitat Restoration Strategy (Strategy) has been
developed in accordance with the requirements of the Estuary
Restoration Act of 2000, title I of Pub. L. 106-457 (the Act). The
purpose of the Strategy is to ensure a comprehensive approach to
maximize benefits derived from estuarine habitat restoration projects,
provide incentives for the creation of new partnerships between the
public and private sectors, and foster coordination of Federal and non-
Federal activities related to restoration of estuarine habitat. The Act
also provides Federal assistance, promotes efficient financing of
technically sound and cost-effective estuarine habitat restoration
projects, and encourages the use of innovative technologies.
Congress enacted the Estuary Restoration Act to establish a
collaborative process for addressing the pressures facing our Nation's
estuaries. As part of the Act, an inter-agency Estuary Habitat
Restoration Council (Council) was established to develop and submit the
Strategy to Congress, solicit, review, and evaluate project
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proposals, and recommend projects to the Secretary of the Army. Much of
the Council's work will involve soliciting and funding on-the-ground
habitat restoration projects. The Strategy, however, is broader than
site-specific restoration. It encourages coordinating, integrating, and
capitalizing upon the broad spectrum of ongoing estuary restoration
efforts throughout the country. Its goal is to bring together the
collective expertise, technical, and financial resources of the Federal
community, the practical experience of tribal, State, local and
nongovernmental groups, and the vision of the corporate world to
restore the integrity of our Nation's estuarine systems. The Federal
investment will be used to leverage the financial and technical
contribution of non-Federal partners, providing sound ecological and
economic returns.
The Strategy calls for restoration activities that improve degraded
estuaries or estuarine habitat, or those that create estuarine habitat,
with the goal of attaining a self-sustaining system integrated into the
surrounding landscape. Restoration projects must improve or establish
function to degraded or destroyed habitats and be located to recapture
regional ecological integrity. Successful restoration of estuarine
habitat will protect native flora and fauna in estuaries and their
watersheds, while providing multiple additional benefits such as
improved surface and ground water quality and quantity, nutrient
cycling, flood control, outdoor recreation, and other services, valued
by local stakeholders and consistent with the establishment and
maintenance of healthy ecosystems.
The goal of the Strategy is to restore one million-acres of
estuarine habitat by 2010. The Council will organize and support a task
force to recommend methods for tracking progress toward the million-
acre goal, including defining a baseline timeframe for comparison. The
task force will consider regional and local perspectives on quantifying
project successes. Subsequently, the Council will produce periodic
reports on progress toward meeting the Strategy's million-acre goal, as
well as other habitat trends.
The Act defines estuary as ``a part of a river or stream or other
body of water that has an unimpaired connection with the open sea and
where the sea water is measurably diluted with fresh water from land
drainage.'' Estuary also includes the ``* * * near coastal waters and
wetlands of the Great Lakes that are similar in form and function to
estuaries.'' For the purposes of this Strategy, estuaries are
considered to extend from the head of tide to the boundary with the
open sea (to downstream terminus features or structures such as barrier
islands, reefs, sand bars, mud flats, or headlands in close proximity
to the connection with the open sea). In the Great Lakes, riparian and
nearshore areas adjacent to the drowned mouth of a stream entering one
of the Lakes will be considered estuaries. Additionally, an unimpaired
connection refers to ``natural'' convergence patterns between fresh and
salt-water sources, disregarding the influence of man-made structures
and obstructions. Estuary habitat includes the estuary and its
associated ecosystems, such as: salt, brackish, and fresh water coastal
marshes, coastal forested wetlands and other coastal wetlands, maritime
forests, coastal grasslands, tidal flats, natural shoreline areas,
shellfish beds, sea grass meadows, kelp beds, river deltas, and river
and stream corridors under tidal influence. The Strategy supports
restoration work targeted at improving degraded estuarine habitat or
creating estuarine habitat, including activities occurring both within
estuaries and in their associated ecosystems.
Some restoration projects can easily measure success in terms of
acreage (for example, projects that plant vegetation), but many cannot
(for example, projects that alter hydrology). By manipulating a
relatively small area, the function of a much larger habitat area can
be improved. For the purposes of this Strategy, therefore, the restored
area will be defined as that area over which appropriate monitoring can
document the establishment or improvement of desirable ecosystem
characteristics.
The Estuary Habitat Restoration Council developed this Strategy
building on work done by Council member agencies, environmental
professionals, and private conservation organizations, including
Restore America's Estuaries. In consultation with restoration
professionals, scientists, academics, and nonprofit organizations,
Restore America's Estuaries has developed A National Strategy to
Restore Coastal and Estuarine Habitat. The document provides a
framework for restoring function to estuary and coastal habitats, which
can aid in focusing restoration efforts to reach this Strategy's
million-acre goal.
This Strategy is dynamic. It will evolve over time according to
information collected through monitoring and research programs and
feedback from restoration practitioners, scientists, and public
agencies and private organizations. Reaching the one-million-acre goal
will require further close coordination among the Federal partners and
tribal, State, local and private partners as habitat priorities,
project efficiencies, and funding sources are identified.
Trends of Estuarine Habitats
Section 106(d) of the Estuary Restoration Act of 2000 requires that
the National Strategy include guidance on addressing trends of
estuarine habitats, including historic losses, estimated current rate
of loss, the extent of the threat of future loss or degradation, and a
measurement of the rate of change. For purposes of this Strategy,
estuarine habitats will include the complex of physical and hydrologic
features and living organisms within estuaries and their associated
ecosystems, including salt and fresh water coastal marshes, coastal
forested wetlands and other coastal wetlands, maritime forests, coastal
grasslands, tidal flats, natural shoreline areas, shellfish beds, sea
grass meadows, kelp bed, river deltas, and river and stream corridors
under tidal influence.
Understanding trends as well as the structure, function and extent
of various estuarine habitats 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. These help to identify
existing or potential habitat threats so that early action can be taken
to avoid or rectify them. This information can be used to establish a
baseline from which to quantify restoration success. By identifying
both healthy and impaired ecosystems, trends information can help
managers to target habitat restoration efforts in a cost-effective
manner. For these reasons this Strategy encourages the development and
use of trends data in designing restoration programs for estuarine
habitats. The Strategy recognizes that when using this data, it is
important to understand the conventions and mapping standards that
underlie data collection so that they can be appropriately applied. For
instance, it may not be accurate to make local assumptions based on
data that was meant for a national study.
The Council will use a classification system based on Cowardin et
al. (1979). The Cowardin classification system is the national standard
for wetland mapping, monitoring and data reporting as determined by the
Federal Geographic Data Committee (http://www.fgdc.gov/). Examples of
the relevant classes are: Estuarine subtidal, including open water, bay
bottoms, and reefs; estuarine intertidal emergents,
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such as salt marsh; estuarine intertidal forested/shrub, such as
mangroves; estuarine intertidal unconsolidated shore, such as beaches,
bars and mudflats; and estuarine aquatic bed, such as submerged or
floating estuarine vegetation. Freshwater habitat categories to be
included because they are estuarine-associated ecosystems or are found
in the Great Lakes include: palustrine forested wetlands, such as
forested swamps or riparian zones; palustrine shrub wetlands; and
palustrine emergents, including inland marshes and wet meadows. As
appropriate and supported by the scientific and resource management
communities, the Council will recognize and use regional refinements in
classification of habitat types that augment the Cowardin system.
Within two years after publication of this Strategy, the Council
will review information available for estuarine habitats concerning
historic losses, current rates of loss, the extent of the threat of
future loss or degradation, and measures of the rate of change, and
identify gaps in trends information that can be addressed by the
Council members and/or its partners. Data collected will be used to
help identify regional and national restoration priorities.
Organizations and agencies preparing or updating estuary management
or restoration plans should incorporate available information on
estuary trends in their documents and consider this data when
establishing project priorities. In addition, project proposals
submitted to the Council for potential funding should address existing
information about the trends for estuarine habitat types in the project
area and explain how this information was considered when developing
the project proposal. Among the sources of information to consult are
historic maps and navigation charts, tribal, State and local agencies,
available aerial photography and other remote sensing data, Federal
agencies such as the members of the Estuary Habitat Restoration Council
and the United States Geological Survey, reports on Federal projects in
estuaries, and universities conducting research in local estuaries.
It is also important to collect information relating to the causes
of change in estuarine habitat types, distribution, quality and
quantity. This will help in defining the types of projects that may be
needed, setting realistic goals, and influencing the design. For
example, if the primary limiting factor is water quality and the source
of the problem is upstream, success of any estuary restoration project
might be limited until the upstream problem is resolved. The Council
will give priority to projects that clearly address historic losses in
areas where steps are being taken to address the causes of degradation
and where there is a reasonable likelihood of success in the
foreseeable future.
Estuary Management or Habitat Restoration Plans
This Strategy will be implemented in a manner consistent with
estuary management or habitat restoration plans. An estuary habitat
restoration plan is defined in the Act as ``* * * any Federal or State
plan for restoration of degraded estuary habitat that was developed
with the substantial participation of appropriate public and private
stakeholders.'' These plans include (but are not limited to) the
estuarine habitat restoration components of comprehensive conservation
and management plans approved under section 320 of the Federal Water
Pollution Control Act, lakewide management plans or remedial action
plans developed under section 118 of the Federal Water Pollution
Control Act, management plans approved under the Coastal Zone
Management Act of 1972, and the interstate management plan developed
pursuant to the Chesapeake Bay program under section 117 of the Federal
Water Pollution Control Act.
Effective estuary habitat restoration plans typically contain
common elements such as focusing on the watershed as the basic
management unit, integrating good science with sound decision-making,
and emphasizing collaborative problem solving. Also essential is public
and private stakeholder participation. This is crucial to the final
success of any plan, because those individuals and private interests
affected by measures to maintain and restore the estuary are ultimately
responsible for implementing the plan. Providing them the opportunity
to design and contribute during early planning stages promotes ``buy-
in'' when the time comes to undertake restoration actions and
activities.
Another component of successful restoration plans is clearly
identifying a central goal or set of goals and describing means for
measuring progress toward achieving these goals. Performance measures
may be as simple as the number of acres of habitat directly restored.
Many federally approved estuary management and restoration plans track
major milestones or other implementation activities to ensure progress
is occurring, or if it is not, to identify what necessary steps to take
to move forward.
Successful plans also include trend assessment, which is critical
to watershed characterization, such as loss of historic estuarine
habitat, land use, development, recreation, and fisheries pressures.
This information is necessary to identify problems facing a given
watershed and to select those actions necessary to return it to the
desired state. Status and trend information can help to assess the
condition of the highest priority resources and can forecast future
conditions should current trends continue. It can also highlight data
gaps.
Finally, plans should identify management and restoration
priorities. Identifying regional or estuary-level restoration
priorities will help projects address the most critical habitat needs.
The Council will give priority to those projects that have the best
potential to restore habitat functions successfully. Improved planning
will also allow benefits to be accrued over a larger scale, enhancing
the overall effectiveness of restoration efforts.
In accordance with the Act, every project considered for funding
under this authority must address restoration needs identified in an
estuary habitat restoration plan. Additionally, one of the factors for
the Secretary of the Army (Secretary) to consider when selecting a
project to fund is whether the project is part of an approved Federal
estuary management or habitat restoration plan. This selection
criterion will help ensure that the Strategy is implemented in a manner
consistent with such plans.
Agency staff supporting the Council participated in and reviewed
the results of a recent effort supported by the National Oceanic and
Atmospheric Administration and led by Restore America's Estuaries, a
nongovernmental organization, to review existing estuary restoration
plans. Plans reviewed included those developed for Federal programs,
such as the National Estuary Program (Comprehensive Conservation and
Management Plans), State Coastal Zone Management Plans, and other
Tribal and State plans; and watershed or estuary plans, such as the
Puget Sound Water Quality Management Plan and The Nature Conservancy's
Ecoregional Plans. Review of these plans revealed that the level and
sophistication of planning for estuarine and coastal habitat
restoration varies significantly among the regions and watersheds of
the United States. In some coastal areas, only broad, coastal
management planning has been completed, while in other areas
sophisticated planning
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efforts with strong community and stakeholder participation have
determined specific habitat restoration goals and priorities.
By working with tribal, State and local agencies and
nongovernmental organizations, the Council will help to identify gaps
in planning, and encourage sharing of information and other
collaborative efforts to improve restoration plans. The Council will
also seek to promote coordination of planning activities associated
with other tribal, State and Federal programs. For example, the Council
will encourage regional planning workshops, bringing together resource
managers, scientists, and other stakeholders to establish restoration
goals and priorities. The Council could also identify and recommend the
use of successful planning frameworks such as those developed by the
National Estuary Program and other examples.
Ecosystem Level Approach
This Strategy recognizes that successful estuary restoration
projects with multiple goals will improve ecosystem function.
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. The definition of ``self-sustaining'' will vary according to
specific site conditions, the landscape context, and project goals, but
will generally include those habitats that require little or no high
cost maintenance following the period of initial establishment and
adaptive management. The prospects for self-sustainability can be
enhanced by ensuring that the original causes of habitat degradation
have been addressed, both within and surrounding the restoration site.
While protection is not explicitly included within the scope of the
Estuary Restoration Act, restoration activities should be planned and
performed with awareness of the surrounding land use/land cover. Siting
a restoration project close to protected areas can increase the habitat
effectiveness of both the restoration area and nearby protected areas,
by extending wildlife corridors, decreasing edge effects, and
ultimately forming a more intact ecosystem.
An ecosystem or watershed approach will facilitate the development
of projects with multiple benefits. Examining how actions fit into the
surrounding area and considering economic, recreational, water quality,
land use, and other parameters, are necessary to achieve restoration
goals. Estuarine habitats are a web of interrelated components, each
supporting and depending on the other for healthy function.
Estuary restoration projects that include physical and functional
restoration should also include objectives to provide healthy
ecosystems to support wildlife, including endangered and threatened
species, migratory birds, and resident species of an estuary watershed,
as well as fish and shellfish, including commercial and recreational
fisheries.
Restoration of healthy ecosystem function can provide improved
water quality and flood control benefits. For example, healthy and
intact tidal wetlands filter water flowing from rivers and tributaries
to the ocean, remove pollutants from runoff and trap and assimilate
nutrients. Estuarine wetlands also have the capacity to store
floodwater and can provide a critical physical buffer between land and
water, protecting communities from flooding and storm surge.
Healthy estuaries also provide multiple opportunities for outdoor
recreation, such as recreational fishing, boating, birding, and a
variety of water sports. The recreation industry dependent on healthy
estuaries provides significant income to coastal regions. Restoration
projects completed under this Strategy may incorporate recreational
features that are compatible with the primary goal of restoring healthy
habitat 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. The Council will work with others to share examples of
particularly effective projects that exemplify the ecosystem approach.
Partnerships
To achieve the goal of restoring one million-acres of estuarine
habitat, it will be important to involve individuals and organizations
from both the public and private sectors. Enhancing partnerships among
agencies and establishing new public-private partnerships is a central
theme of the Act and a critical part of this Strategy.
In order to meet the goals of the Act, the Council will improve
coordination among existing restoration programs by reviewing and
discussing programs administered by agencies represented on the
Council, and developing shared goals and objectives for habitat
restoration. Although agencies may differ in their implementation
strategies, developing common goals will facilitate coordination. The
Council will also coordinate with tribal and State habitat restoration
programs to improve the effectiveness of restoration efforts.
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,
fishermen, etc.) 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. There are several
existing programs that provide models for successful partnerships,
including the Coastal America Corporate Wetlands Restoration
Partnership, a voluntary public-private partnership in which
corporations join with Federal, tribal and State agencies to restore
wetlands and other aquatic habitats. The Joint Venture Partnerships
developed to implement the North American Waterfowl Management Plan
provide another model of regionally based partnerships (public/private/
tribal) that plan and implement habitat projects within a regional and
international context using diverse funding sources, notably the North
American Wetlands Conservation Act grants program. The Strategy
recognizes that partnership models will vary throughout the country and
need to be broad enough to allow for regional differences and local
preferences.
Private support can range from providing materials or funding to
the use of volunteers for hands-on restoration or monitoring. One way
to encourage resourceful, active partnerships, and especially to
acknowledge the efforts of volunteers, is to establish annual awards
recognizing successful restoration efforts. These awards may be given
to a wide variety of groups, including nongovernmental organizations,
individuals, businesses, and local, State, tribal, and Federal agencies
to reward efforts at all levels.
Private partnerships may also be critical for those projects
involving demonstration or pilot testing of an innovative technology.
The estuarine habitat restoration program established in the Act
requires a non-Federal sponsor to provide a minimum of 35 percent of
the costs of a restoration project. However, when innovative technology
is involved, the percentage required to be contributed by the non-
Federal sponsor shall be reduced to 15 percent for the incremental cost
of using the new technology. The Council will
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consider technology ``innovative'' if it involves a new process,
technique, or material or uses existing processes, techniques, or
materials in a new application. The non-Federal sponsors must provide
all of the lands, easements, rights-of-way and relocations. The non-
Federal sponsor is also responsible for all costs associated with
operation, maintenance, replacement, repair and rehabilitation of the
project, including monitoring. This presents many opportunities for the
involvement of a broad array of individuals and organizations to
participate in the restoration effort.
To expand the base of support for restoration, the Council will
encourage member agencies and private partners to maintain and expand
existing web sites that provide information on both public and private
sources of funding for estuary projects. Web sites should include links
to other web sites that emphasize accomplishments of completed
restoration projects. Effective implementation of any restoration plan
requires a well-developed funding strategy that identifies
governmental, nonprofit, and private resources to provide support both
in the near and long term. The Council will work with other Federal,
tribal, State and local agencies, nongovernmental organizations and
private parties to identify and publicize funding sources, and will
also identify examples of effective partnerships that have implemented
estuary restoration projects. Examples include: The U.S. Environmental
Protection Agency's Environmental Finance Program, the National Oceanic
and Atmospheric Administration's Community-based Restoration Program,
the U.S. Fish and Wildlife Service's Coastal Program, the U.S.
Department of Agriculture's Wetland Reserve Program, Restore America's
Estuaries' inventory of federal funding sources, the National Fish and
Wildlife Foundation and the Coastal America Corporate Wetlands
Restoration Partnership.
Habitat Restoration Program
The Act establishes ``an estuary habitat restoration program under
which the Secretary may carry out estuary habitat restoration projects
and provide technical assistance in accordance with the requirements of
this title.'' This is one means for achieving the one-million-acre goal
of the Strategy. The statute includes requirements for non-Federal
origination of projects, selection criteria, cost-sharing, operation
and maintenance, authority for nongovernmental agencies to be sponsors,
a requirement for a written agreement between the non-Federal partner
and the Secretary, and potential delegation of project implementation.
The Act defines the term estuary habitat restoration activity to
mean ``an activity that results in improving degraded estuaries or
estuary habitat or creating estuary habitat (including both physical
and functional restoration), with the goal of attaining a self-
sustaining system integrated into the surrounding landscape.'' Projects
funded under this program will be consistent with this definition.
Eligible habitat restoration activities include establishment or
improvement of chemical, physical, hydrologic, and biological features
and components associated with an estuary. Projects that may be
considered include, but are not limited to, improvement of estuarine
wetland tidal exchange or reestablishment of historic hydrology,
providing fish passage, establishment of riparian buffer zones,
construction of reefs to promote fish and shellfish production,
reintroduction of native species or populations, and control of
invasive species. Cleanup of pollution for the benefit of estuarine
habitat may be considered, as long as it does not meet the definition
of excluded activities in the Act. Excluded activities are those
required for mitigation of adverse effects of a regulated activity or
that constitutes restoration for natural resource damages. However,
synergy may be achieved by combining estuarine habitat restoration
activities with otherwise ``excluded activities'' as long as the
activities can be clearly separated for cost-sharing and other
purposes.
Section 104(c) of the Act contains four required elements and seven
selection factors to be considered by the Secretary of the Army when
determining which projects to fund. Required elements include:
contribution to meeting restoration needs identified in an estuary
plan, consistency with this Strategy, inclusion of a monitoring plan,
and satisfactory assurance that the non-Federal sponsor has adequate
authority and resources. Selection factors listed in the Act are:
Inclusion in an approved Federal plan, technical feasibility,
scientific merit, encouragement of increased cooperation among
government agencies at all levels, fostering of public-private
partnerships, cost-effectiveness, and whether the State has a dedicated
source of funding for acquisition or restoration of estuarine habitat.
If a project merits selection based on the above criteria, then
priority consideration will be given to a project if it: (a) Occurs
within a watershed where there is a program being implemented that
addresses sources of pollution and other activities that otherwise
would adversely affect the restored habitat water quality in the
watershed; or (b) includes an innovative technology having the
potential to achieve better restoration results than other technologies
in current practice, or comparable results at lower cost in terms of
energy, economics, or environmental impacts. More detailed information
about processes to be used for accepting, reviewing, evaluating and
selecting projects to be funded under the Act will be contained in
documents to be released at a future date.
The Council will consider the factors discussed above during its
review and ranking of proposals for the Secretary's consideration.
Additional criteria may also be developed by the Council to facilitate
review and these will be included in the program guidance. The list of
recommended projects will be provided in priority order. The Secretary
may consider other factors when selecting projects to fund from the
list provided by the Council.
In addition to considering the selection and priority factors in
sections 104(c)(3) and (4), the Secretary will also select a balance of
smaller and larger estuarine habitat projects and ensure an equitable
geographic distribution of the funded projects. The Council recognizes
that the scope and benefits of a project are not always directly
proportional to the cost and that projects are sometimes difficult to
characterize adequately in terms of acreage to be restored. For
purposes of selecting a balance of smaller and larger estuarine habitat
restoration projects, the Council will use a combination of cost and
acreage as criteria to define small projects. In general, a small
project would be one with a Federal cost-share (applied to planning,
design and construction activities) of $250,000 or less and that
manipulates 50 acres or less. The Council will discuss and classify
projects that cannot be easily characterized as ``small'' or ``large''
because of conflicts between cost and acreage factors. The availability
of funding, project costs, and the nature of the proposals will affect
the ability to assure equitable geographic distribution of projects
funded by this program. In any one year, the Council may recommend
funding more projects in one region than another but will consider the
number, scope and cost of funded projects in a region when making
subsequent funding decisions.
The goal will be to select those projects that address national
priorities while assuring that all regions of the country benefit from
the program. The
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Council will explore various means for defining national priorities and
consider those priorities in project selection.
Innovative Technology
To support the incorporation of innovative technologies in
restoration projects conducted under the Act, the Council, in
cooperation with the National Estuarine Research Reserve System and
other federal research and development facilities, will encourage the
development of innovative restoration technology and monitoring
capabilities. This will include efforts to identify and transfer
innovative restoration technologies, methods, and monitoring strategies
to program participants for future use in restoration activities
carried out under the Act.
Ensuring Success
The Act stipulates that monitoring is essential for evaluating and
documenting our progress toward reaching the goal of restoring one
million-acres of estuarine habitat. By closely tracking progress at the
project level, we can determine whether individual projects contribute
to meeting the goals of estuary and regional restoration plans, and
tally habitat acreage restored over a national scale. In addition to
monitoring at the project level, ecosystem-level monitoring may also be
needed to judge restoration success. Monitoring information will allow
restoration planners and practitioners to modify their efforts
according to on-the-ground results, and can build long-term public
support for habitat protection and restoration efforts.
Because monitoring is essential to both documenting success and
adapting project and program approaches, it should be a central concern
of those designing a restoration project or regional restoration plan.
For each habitat type to be restored, the monitoring plan should define
the desired structure and functions in the context of project goals,
and identify attributes indicating those functions. Quantitative
performance standards for projects should include functional and
structural elements and be linked to appropriate, local reference
habitats that represent ``target conditions.'' It may also be useful to
compare the project site to degraded, non-restored ``control'' sites to
better document project-induced improvements in habitat condition.
Ideally, restoration goals should be quantitative, as well as
spatially and temporally specific. Project goals should also be
measurable and realistic. A realistic goal should consider causes of
past decline of the habitat proposed for restoration and surrounding
land cover and ecosystem conditions. Monitoring data should be used to
guide project operations and maintenance.
Specific project goals will determine the appropriate complexity of
each monitoring plan. The project must include monitoring on a regular
basis and over a meaningful time period. The length of the ideal
monitoring program will vary depending on the habitat type and project
goals for restoring function, but should always include pre-
construction measurements to establish baseline conditions, monitoring
during project construction to determine whether to adjust techniques
or goals, and post-construction monitoring to confirm success of the
restoration and alert project managers to the need for adjustments.
Project monitoring should document any changes to the original
construction specifications, including what problems were encountered,
the reasoning behind any changes, and any changes the project staff
would recommend with the knowledge they now possess. Information on
changes from baseline conditions and comparison to reference or control
sites should be included as well.
Beyond monitoring individual restoration projects, local, tribal,
State or regional groups should also conduct monitoring over the
estuary or regional scale to allow a more complete evaluation of
restoration successes. System-wide monitoring of water quality and
other habitat parameters can gauge ecosystem improvements beyond those
achieved at project sites. Additionally, remote sensing may be useful
in documenting both baseline habitat information and large-scale
changes in habitat coverage and conditions. Broad-scale monitoring
programs such as those currently being developed through the National
Oceanic and Atmospheric Administration's National Estuarine Research
Reserve System program and the U.S. Environmental Protection Agency's
National Estuary Program should be consulted in the development of
[chyph]long-term monitoring programs.
The restoration and maintenance of healthy coasts and estuaries
will require the [chyph]long-term support of a broad [chyph]cross-
section of the public. Including local communities in planning and
implementing restoration projects will build interest in protecting and
maintaining restored habitat. Increased awareness of the attributes
needed to sustain healthy habitat will increase local stewardship of
the environment and will help to ensure the long-term success of
restoration projects.
The National Oceanic and Atmospheric Administration, in
consultation with the Council, will develop standard data formats for
project monitoring, along with requirements for types of data collected
and frequency of monitoring. These standards will build on existing
[chyph]inter-agency efforts to develop monitoring protocols and
restoration databases. These standards are not intended to limit the
types of information gathered by project managers, but rather to ensure
that data will be useful to other parties, and to facilitate regional
and national tracking of restoration success. Consistent data
collection and reporting standards should clarify results, make
selection and justification of restoration methods more
straightforward, ensure that success is documented based on sufficient
data, enhance the restoration knowledge base, and increase the
comparability of data among restoration projects.
In addition to developing monitoring data standards, the National
Oceanic and Atmospheric Administration will also maintain a database of
information concerning estuarine habitat restoration projects carried
out under the Act, including information on project techniques, project
completion, monitoring data, and other relevant information. This
database will be Internet-accessible, to allow widespread dissemination
and use of restoration project and monitoring data.
Conclusions
The actions described in this Strategy facilitate reaching the goal
of restoring one million-acres of estuarine habitat by 2010. There are
many existing programs and organizations actively involved in estuary
restoration whose efforts will also contribute significantly to estuary
restoration. Examples include the National Estuary Program, the
National Estuarine Research Reserve System, the U.S. Fish and Wildlife
Service's Coastal Program and North American Waterfowl and Wetlands
Program, Restore America's Estuaries member organizations, and the
program implementing the Coastal Wetlands Planning, Protection, and
Restoration Act.
The Strategy is intended to be dynamic. Working with the
organizations listed above and other interested stakeholders, the
Council will review and refine this Strategy over time in an iterative
process, as new information becomes available and progress toward
meeting the goals of the Act is evaluated. Section 108(a) of the Act
requires the Secretary to report to Congress at the end of the third
and fifth
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fiscal years. As part of this process the Council will review the
Strategy and update as necessary.
The Council is preparing additional documents regarding habitat
restoration program implementation and the development of monitoring
standards that will be published upon completion. As indicated in this
Strategy, the Council will promote a variety of efforts to facilitate
promotion of partnerships and efficient, effective restoration of
estuarine habitats.
References: Cowardin, L.M. V. Carter, F.C. Golet, and E.T. LaRoe.
1979. ``Classification of wetlands and deepwater habitats of the United
States.'' U.S. Fish and Wildlife Service. Biological Services Program;
FWS/OBS-79/31. 131 pp.
Restore America's Estuaries. 2002. ``A National Strategy to Restore
Coastal and Estuarine Habitat.'' Arlington, VA.
Luz D. Ortiz,
Army Federal Register Liaison Officer.
[FR Doc. 02-30570 Filed 12-2-02; 8:45 am]
BILLING CODE 3710-92-P