Gulf Restoration Update

Erin L. Deady, AICP, Esq.

November 8, 2013

Overview

• RESTORE Local Pot Recap • Overview and Status of Treasury Regulations • Next Milestones

Focus on Local Pot (aka Direct Component)

• Key aspects for “local granting” – Administration – Eligible Activities – Application process/Grant management requirements

Eligible Activities

• • • • • • • • • • • Restoration and protection of natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands Mitigation of damage to fish, wildlife, and natural resources Implementation of a federally approved marine/coastal management plan, including fisheries monitoring Workforce development and job creation (broadly defined) Improvements to state parks affected by the oil spill Infrastructure projects benefitting the economy or ecological resources, including ports (broadly defined) Flood protection and infrastructure Promotion of tourism, including recreational fishing Promotion of Gulf seafood consumption Planning assistance Administrative costs (up to 3%)

What are the Treasury Regulations?

• U.S. Department of Treasury is developing Rules to implement the RESTORE Act (must be consistent with) • Public comment period for 60 days to shape final Rule and process • Formal comments submitted by stakeholders • Rules uphold: – Federal Granting Program – 3% Administrative Cap – NEPA will apply

Treasury Regulations: the Highlights • Relationship between MYIP , application, award and agreement unclear (projects feed into Plan with all terms and conditions flowing from Treasury, to County to sub-grantees) • Several “processes” deferred to further policy or rule development • Several clarifications and definitions are needed (pre-award costs, etc.) • 3% administrative cap included in Rule (we want to know what falls under cap) • Application of federal grant requirements (procurement), which ones? • How will reimbursement work?

The County’s Plan: MYIP

• “Develop and Submit” MYIP to Treasury – Content of MYIP Is MYIP conceptual and programmatic in nature or project specific? – Additional information required?

– What level of NEPA review will be required with Plans and Projects?

• Relationship between MYIP and “grant application” still unclear • Grant Agreement(s) & Obligations (basically the award and contract) • Procurement: process to be determined • Reporting: frequency, content and duration • How do you change the Plan if you need to?

Best Guessing What Might Fall Under the 3% Admin Cap

Administration (Indirect- this is unusually low): • General management functions, • General ledger accounting, • Budgeting, • Human resource services that do not directly support a specific project or service, • General procurement services, • General legal services, and • Generally things that are allocable to activities authorized under the Act but not assignable to a particular program or project or incurred for a common or joint purpose benefitting more than one cost objective

All Federal Laws and Federal Grant Requirements Will Apply

• Davis Bacon, Buy American, ADA, etc. will also all need to be met • Environmental review and compliance – All State and Federal requirements will still need to be met – Application of NEPA at Programmatic, Plan or project level (grouping or phasing of projects) – Activities subject to EIS, EA or categorical exclusions

Grant Management

Local Committee

On the Horizon

• Comments were due 11/5 • Second Draft of Treasury Regulations for notice and comment or adopt final rule?

• Transocean funds ($800,000,000) will be the first funds available under the new process • Several future processes: Application procedures for grants, etc.

Questions?

[email protected]

954.593.5102

www.erindeadylaw.com