Today, Louisiana’s Coastal Protection and Restoration Authority (CPRA) voted to approve a new resolution to allow 10% of Gulf of Mexico Energy Security Act (GOMESA) funds to be used for infrastructure directly impacted by coastal wetland loss. The new resolution was proposed as a substitute for a resolution that was tabled at September’s CPRA Board Meeting which would have allowed for cost-savings from RESTORE Act pots 1 and 3 funds to be used for the elevation of Louisiana Highway 1. Many stakeholders, including Louisiana Wildlife Federation, found the September resolution problematic because it proposed using funds intended for coastal restoration after the Deepwater Horizon oil spill for an infrastructure project.

The compromise reached today between CPRA, the Jindal Administration, the LA1 Coalition and environmental groups including America’s Wetlands Foundation and the Mississippi River Delta Restoration Coalition will allow for up to 10% of GOMESA funds to be used for infrastructure projects directly impacted by coastal wetland loss.

GOMESA funds will total approximately $162 million per year for Louisiana starting in 2017.  GOMESA provides four Gulf Coast states, including Louisiana, with 37.5% of Federal revenue gained from new outer continental shelf drilling leases to be used for projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection and infrastructure directly affected by coastal wetland losses. Funds can also be used for implementation of a federally approved marine, coastal or comprehensive conservation management plan or mitigation of damage to fish, wildlife or natural resources. Under already existing Louisiana law, no more than 10% of GOMESA funds can be used for infrastructure projects directly impacted by coastal wetland loss.

Today’s resolution confirmed that coastal infrastructure projects directly impacted by coastal wetland loss will be eligible to be considered for up to 10% of the federal revenues Louisiana receives under GOMESA and specifically identifies the LA 1 project for consideration. The resolution went further than existing law by stating the infrastructure projects shall be prioritized for GOMESA funding based on factors, which may include:

• The project’s contribution to community resilience (evacuation routes, connection to local businesses, contribution to regional commerce, etc.);
• The community’s investment in the project;
• The project’s contribution to state, regional and national energy security; and
• Opportunities to leverage funding for the project from sources other than those discussed in this resolution.

Diversions

In another significant decision, the CPRA board voted to recommend advancing both the Mid Barataria (75,000 cfs) and Mid Breton (35,000 cfs) sediment diversion projects in the Coastal Master Plan, which will reintroduce fresh water and sediment from the Mississippi River into its surrounding, collapsing wetlands and rebuild land over time.

CPRA is leveraging the most current and best-available science to move forward the Mid Barataria and Mid Breton sediment diversions projects into engineering and design with funds from the National Fish and Wildlife Foundation that are earmarked for sediment diversions or barrier island restoration projects following the Deepwater Horizon oil spill. The 2017 Annual Plan will include the engineering and design for both the Mid Barataria and Mid Breton sediment diversions. Because modeling showed limited reductions in land loss for the Lower Barataria and Lower Breton diversions, engineering and design for those diversions are not moving forward at this time. In determining which diversions to advance, CPRA looked at several factors including the land, river, communities, habitat, fish and other factors including costs, funding and timing.

I recently had the opportunity to take a tour with the CWPPRA and CPRA staff of the Caminada Headlands Restoration site near Port Fourchon. The Caminada Headland forms the western edge of the Barataria Basin Barrier Island and system and has experienced some of the highest rates of shoreline retreat and landloss along the Louisiana Coast.

The Caminada headlands serve as critical habitat for migratory birds as well as for endangered or threatened species. The Headland is habitat for a variety of nesting and overwintering shore birds, including the least tern and threatened piping plover. The Headland is considered one of the most important least tern nesting areas in the state.  The Headland also serves as a critical first line of defense for Grand Isle, Port Fourchon and Louisiana Highway 1 which provides the only evacuation route for several coastal communities.

Over the past 100 years, the Caminada Headland has experienced substantial shoreline erosion and land loss to its marsh, wetland, beach and dune habitats as a result of storm overtopping and breaching, saltwater intrusion, wind and wave induced erosion, sea level rise and subsidence. The Caminada Headland is facing one of the highest rates of subsidence in the world.

The restoration of the Caminada Headland has been a significant undertaking involving the largest contract issued to date from the Coastal Protection and Restoration Authority (CPRA) measuring 144.5 million dollars. The project is estimated to be one of the largest by CPRA, when completed, it will have restored 489 acres.

The restoration of the Headland occurred in two project increments. Increment I was the western half and was completed in December of 2014. Increment I restored approximately 300 acres and 6 miles of beach and dune habitat. Increment I used a mix of sediment pumped from the Mississippi River and high quality, beach-compatible sand from Ship Shoal, a large marine sand deposit just offshore of Isle Dernieres.  Funding for Increment I was provided by the Coastal Impact Assistance Program and State Surplus funds.

Increment II is the larger eastern half of the Headland and will restore nearly 500 acres and 7 miles of beach and dune. Increment II is currently in construction. Increment II is being funded through the Gulf Environmental Benefit Fund, which was established by the National Fish and Wildlife Foundation in the wake of the Deepwater Horizon oil spill to manage funds resulting from the settlement of federal criminal charges against BP and Transcocean. In total, the two projects will restore 13 miles of Louisiana’s barrier shoreline.

Watch a video of the restoration of the Caminada Headland HERE.

UPDATE: All four candidates for Governor have released statements saying that they do not support Bobby Jindal’s attempt to allow cost-savings from restoration projects to be used for LA1 road construction.

Jay Dardenne said that he would reverse the policy should it pass on Wednesday: “If I am elected governor, I commit to reversing this policy should it pass at the upcoming Oct. 21 meeting or any subsequent meeting,” Republican Lt. Gov. Jay Dardenne wrote in response to a letter from the Coalition to Restore Coastal Louisiana. “Even if such diversion is legal, it is not the right thing to do.”
During the Oct. 14 gubernatorial debate, Democratic state Rep. John Bel Edwards said that every dollar the state receives needs to go toward projects outlined in the state’s master plan for coastal restoration and protection. At an estimated cost of $50 billion, there is no such thing as “extra” money that will be left over from the Deepwater Horizon funding. “If we do that one time, every legislator throughout Louisiana is going to look at that money as a piggy bank,” Edwards said.
Republican Public Service Commissioner Scott Angelle said it’s been a long-standing policy of the state that the money would be used for the master plan. “I absolutely would not allow any money in the BP settlement to be spent on anything else than coastal restoration,” Angelle said.
Republican U.S. Sen. David Vitter, in a written statement Friday, said: “While I strongly support La. 1, I oppose this proposal. First, it potentially shifts BP money away from coastal restoration, which must remain our top priority. Second, this is more budget gimmickry and fuzzy math from Bobby Jindal, the sort of stuff that’s helped create the budget mess we’re in.”
Candidates for state treasurer also weighed in, with incumbent John Kennedy saying he’d work with the next governor to come up with alternatives. Kennedy called coastal restoration vital to the future of Louisiana. The elevation of La. 1 is also important, but the state can’t divert money from coastal restoration to do it. Instead, Kennedy said, it’s possible that money could be funded like portions of Interstate 49, via unclaimed property bonds.

Read the full article here: http://theadvocate.com/news/13722827-123/candidates-for-governor-treasurer-oppose

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Gov. Bobby Jindal has asked coastal restoration officials to change state policy to allow some of the BP oil spill settlement to be used to pay for part of the remaining $350 million extension of Louisiana Highway 1 connecting Port Fourchon with Golden Meadow.

The elevation of Highway 1 is an important project for the businesses and communities that depend on it.  The loss of surrounding wetlands is an increasing threat. But the funds Louisiana has planned to spend from penalties from the oil spill on badly-needed coastal restoration projects should not be used for a road project. Using coastal restoration funds for transportation projects sets a terrible precedent. Any “cost savings” should be applied to the long list of coastal projects Louisiana has identified in the coastal master plan.

Take Action: Call Governor Jindal’s Deputy Chief of Staff, Stafford Palmieri, at Governor Jindal’s office at 225-342-7015 and ask to leave a message for Ms. Palmieri.  Tell her it’s paramount that coastal restoration dollars be spent on actual coastal restoration activities and you oppose any efforts that would take critical funds away from restoration projects. Our future depends on safeguarding the funds available to carry out restoration, and Louisiana has a $50 billion master plan it needs implemented. There is not a penny to spare.

Also consider attending the next CPRA Meeting on October 21st to tell the CPRA Board to Vote NO to using RESTORE dollars for Highway 1 elevation. The State and CPRA have publicly declared many times that funds from the RESTORE Act will go to fund a multi-year plan of projects contained within the state’s Master Plan. The proposed Highway 1 bridge project is not a Master Plan project and funding it from these coastal restoration sources would renege on what the State and CPRA have already publicly committed.

CPRA Meeting Details:
October 21, 2015
State Capitol, House Committee Room 5
900 N. 3rd Street
Baton Rouge, LA
9:30 a.m.

The state Coastal Protection and Restoration Authority (CPRA) tabled a vote at their last board meeting after several authority members and representatives from national and local environmental groups objected to the proposal. The vote will be on the agenda at the next CPRA Board Meeting on October 21st in Baton Rouge.

The money the Governor seeks would be redirected from any surplus left after completion of more than $700 million in coastal restoration and other work funded by the federal RESTORE Act, according to the resolution the authority considered during its September meeting in Morgan City.

Under the RESTORE Act, a portion of the Clean Water Act fines from the 2010 oil spill will go to Louisiana and other Gulf Coast states. The RESTORE Act specifically addresses Clean Water Act violations and harm done to the environment. There has been a unified voice until now that Louisiana would spend those dollars to restore our habitat, our natural resources.

Civil penalties for economic damages are coming for other damages to the state and coastal parishes as a result of the oil spill. These funds would be more properly used for infrastructure projects.

The message we need to send to the nation and future generations is that our coastal communities, economy, fisheries and wildlife will be protected and restored with the highest level of commitment now — and through our best efforts going forward. We need to show that Louisiana is ready and able to properly spend money from the penalties and fines for the oil spill. A short-sighted approach could jeopardize federal funding for future restoration projects.

 

The vast majority of Louisiana voters believe protecting and restoring coastal Louisiana is as important as any other issue facing the state, and the next Governor should make restoration a high priority, according to the results of a new state-wide poll released on September 21st, 2015 by a coalition of environmental groups.

According to the poll results, 85 percent of 917 likely Louisiana voters say restoration should be a high priority for the next governor, and 78 percent believe it’s as important as other issues.

The poll also found that 59 percent of voters felt it was “very important” and 36 percent felt it was “somewhat important” for the next governor to “commit to move quickly and get started building coastal restoration projects.”

The poll was conducted by the Baton Rouge-based Southern Media & Opinion Research Inc. and paid for by the National Audubon Society on behalf of the campaign. Pollsters sampled 917 registered, likely Louisiana voters between July 27 and July 30, and the poll has a margin of error of plus or minus 4 percentage points.

According to the poll, 87 percent of voters also believe the new governor should work to identify and secure additional funding for restoration projects included in the state’s coastal Master Plan and 90 percent believe the governor should ensure money currently dedicated to coastal restoration is not spent on something else.

See the results of the poll here:

http://www.nola.com/politics/index.ssf/2015/09/next_governor_must_protect_coa.html

 

On Monday, October 5th,  the United States and the five Gulf states announced a settlement to resolve all civil claims against BP arising from the 2010 Deepwater Horizon disaster. The gulf-wide settlement is worth $20 billion.

The settlement, once approved by a judge, will resolve all civil claims against BP and end five years of legal fighting over a 134 million-gallon spill that affected 1,300 miles of shoreline. It also will bind the company to a massive cleanup project in the Gulf Coast area aimed at restoring wildlife, habitat and water quality.

Among other requirements, BP would have to pay $5.5 billion in Clean Water Act penalties. The company would also be required to pay $8.1 billion ($5 billion to Louisiana) in natural resource damages, with funds going toward Gulf restoration projects such as support for coastal wetlands, fish and birds.

An additional $600 million would cover other costs, such as reimbursement for federal and state natural resource damage assessment costs. And up to $1 billion would go to local governments to settle claims for economic damage from the spill, which followed the April 2010 explosion on an offshore oil rig that killed 11 workers.

The final steps are to seek public comment and Court approval on the consent decree outlining the details of the settlement.

Concurrent with the settlement announcement, the Deepwater Horizon Natural Resource Damage Assessment Trustees have also released a Draft Programmatic Damage Assessment and Restoration Plan and Draft Programmatic Environmental Impact Statement (PDARP/PEIS) which, if approved, would establish a framework for utilizing up to $8.8 billion associated with natural resource damages, including a minimum of $5 billion specifically for Louisiana.

Both the consent decree and the Draft PDARP/PEIS are available for public comment for 60 days. Louisiana will be hosting two public meetings to discuss the consent decree and the draft document. The meetings will begin with an interactive open house followed by a formal presentation and opportunity participants to provide comments on both the proposed settlement with BP and the Draft PDARP/PEIS.

Public Meetings:

Monday, October 19th, Courtyard by Marriott, Houma, 142 Library Blvd., Houma, LA 70360, 5:00 p.m. open house, 6:00 p.m., public meeting.

Thursday, October 22nd, Hilton Garden Inn, New Orleans Convention Center, Garden Ballroom, 10001 South Peters St, New Orleans, LA, 5:00 p.m. open house, 6:00 p.m. public meeting.
A breakdown of the Louisiana share of the settlement is as follows: This settlement, combined with prior Deepwater Horizon-related settlements, translates into approximately $8.7 billion for Louisiana coastal restoration. Approval of these documents will allow the state to move forward with identifying and implementing critical restoration and protection projects. Upon finalization of the draft plan and Court approval of the consent decree, project-specific restoration plans will be developed for public review and approval.

• A minimum of $5 billion for natural resource damages (includes $368 million previously allocated for early restoration projects);
• A minimum of approximately $787 million for Clean Water Act civil penalties (subject to the RESTORE Act); and
• $1 billion for state economic damages.

The consent decree, associated documents and instructions for commenting can be found at:http://www.justice.gov/enrd/deepwater-horizon.

Draft Programmatic Damage Assessment and Restoration Plan and Draft Programmatic Environmental Impact Statement (PDARP/PEIS):

The Deepwater Horizon NRDA Trustees released the draft PDARP/PEIS for public review and comment. The draft document includes an ecosystem-level assessment of impacts to the Gulf’s natural resources, a proposed programmatic restoration plan and an examination of the environmental impacts of various restoration alternatives.

The draft plan proposes appropriate types of restoration and provides guidance for identifying, evaluating and selecting future restoration projects to be implemented with the approximately $5 billion allocated to Louisiana for natural resource damages.

The Draft PDARP/PEIS, associated documents and instructions for commenting can be found at:  www.gulfspillrestoration.noaa.gov.