MIP Amendment –01: 45-day Public Notice

Steven Schar, Deputy Executive Director of the Texas Commission on Environmental Quality (TCEQ), announces the opportunity for the public to provide input on its draft Multiyear Implementation Plan (MIP) Amendment –01 to secure funds under the Direct Component (Bucket 1) section of the federal RESTORE Act.

The federal RESTORE Act (Act) was signed into law in 2012 in response to the Deepwater Horizon (DWH) oil spill. It established the Gulf Coast Restoration Trust Fund (RESTORE Trust Fund) in the U.S. Treasury Department. Deposits come from 80% of all administrative and civil penalties paid by responsible DWH parties under the Clean Water Act. The funds are available for programs, projects, and activities that restore and protect the environment and economy of the Gulf Coast region.

In his capacity as Deputy Executive Director, Mr. Schar was appointed by the Governor to perform RESTORE-related duties for Texas. TCEQ, on behalf of the Governor and Mr. Schar, assists in the implementation of the federal RESTORE Act in Texas.

RESTORE funds are distributed through different allocations (also referred to as Buckets), which are established under different sections of the Act. To secure funds under the Bucket 1 Direct Component section, Gulf Coast states, including Texas, are required to develop a MIP for specific coastal area activities. TCEQ developed and obtained meaningful public input for the initial MIP, which was submitted to and accepted by Treasury in 2017. As of April 2025, more than $138 million is available to Texas under the Bucket 1 Direct Component grant program.

Through MIP Amendment –01, TCEQ proposes to add one activity to its MIP:

Bessie Heights Drainage Outfall Repair and Improvement Project

The Bessie Heights Drainage Outfall Repair and Improvement Project (Bessie Heights Project) in Orange County is expected to reduce flooding from storm events by constructing approximately 3,925 linear feet of drainage channel to move excess rainfall run-off out of neighborhoods and away from residential and commercial structures to mitigate future flood damages. The Bessie Heights Project was evaluated by the Bucket 2 State/Federal workgroup, as well as a work group representing Non-Governmental Organizations in Texas. Its selection reflected the ideas that were discussed by the work groups, the elected officials, and the Office of the Governor.

The Bessie Heights Project was one of several projects selected for funding under Bucket 2 Funding Priorities List 3b (FPL3b) Water Quality and Quantity Program, but was ultimately determined to be ineligible for Bucket 2 FPL3b funding. However, TCEQ considers the proposed activities for the Bessie Heights Project to be eligible for Bucket 1 Direct Component funding, as it proposes to improve coastal flood protection and related infrastructure. Therefore, TCEQ now proposes to add this project to the MIP.

Prior to finalizing the MIP Amendment –01 for submission to the U.S. Treasury Department, the draft must be published for a 45-day public input period. Meaningful input from the public, including broad-based participation from individuals, businesses, and nonprofit organizations, is required for the evaluation process to determine activities for inclusion in Texas’ MIP.

The draft MIP Amendment –01 includes the following federally required documents:

• a matrix providing general information on activities, including costs to implement the activities;
• a narrative describing elements of the activities; and
• a map showing the location of the activities.

Written comments on the draft MIP Amendment –01 should be submitted electronically no later than 5:00 p.m. central time on Friday, November 21, 2025, to restoretexas@tceq.texas.gov.

Melissa Porter
RESTORE Program Manager
Texas Commission on Environmental Quality