Deepwater Horizon Oil Spill; Draft Phase I Early Restoration Plan and Environmental Assessment, 78016-78018 [2011-32185]
Download as PDF
78016
Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices
material, all submissions will be posted,
without change, to the Federal
eRulemaking Portal at https://
www.regulations.gov, and will include
any personal information you provide.
Therefore, submitting this information
makes it public. You may wish to read
the Privacy Act notice, which can be
viewed by clicking on the ‘‘Privacy
Notice’’ link in the footer of https://
www.regulations.gov.
You may submit your comments and
material by the methods specified in the
ADDRESSES section. Please submit your
comments and any supporting material
by only one means to avoid the receipt
and review of duplicate submissions.
Docket: The proposed solution
document is available in docket ID
FEMA–2011–0025. Additionally, the
document can be found at https://
www.fema.gov/plan/prevent/fhm/
lv_lamp.shtm. For access to the docket
to read background documents or
comments received, go to the Federal
eRulemaking Portal at https://
www.regulations.gov and search for the
docket ID. Submitted comments may
also be inspected at FEMA, Office of
Chief Counsel, Room 835, 500 C St.
SW., Washington, DC, 20472.
mstockstill on DSK4VPTVN1PROD with NOTICES
II. Public Online Forum
FEMA will hold three public online
forums to present the approach. The
first public forum will be held on
December 21, 2011 from 1:30 p.m. EST
to 3 p.m. EST. The second online forum
will be held on January 3, 2012, from
1:30 p.m. EST to 3 p.m. EST. The third
online forum will be held on January 10,
2012 from 1:30 p.m. EST to 3 p.m. EST.
All meetings will take place through an
online webinar. If you are interested in
participating in the online forum, please
email FEMA-GS@dhs.gov to reserve a
slot for the forum and receive further
instructions for logging in and
participating.
III. Background
FEMA maps flood hazards on Flood
Insurance Rate Maps, a tool used to
support the National Flood Insurance
Program. These maps identify areas that
are flood prone for a variety of reasons.
One unique category of flood hazards is
the areas behind levees. Levees can be
recognized as providing protection on
FEMA’s flood maps if they meet all
requirements of 44 CFR 65.10, the
regulations that define the design,
maintenance and operation standards
specifically for this purpose. Levees
meeting all aspects of 44 CFR 65.10 are
considered eligible to be accredited.
Those that cannot meet all of these
standards cannot be accredited.
The current approach for analyzing
and mapping flood hazards associated
with non-accredited levees is a singular
approach where one technical
procedure applies to all non-accredited
levees. The feedback on this one-size-all
approach is that it does not take the
unique conditions of each levee into
consideration. Many stakeholders also
believe this approach does not
adequately reflect the ability of these
levees to provide some level of flood
hazard reduction.
FEMA is listening to this stakeholder
feedback that this current approach
used to map flood hazards associated
with non-accredited levees is too coarse
to represent the variety of situations
associated with levees. In response,
FEMA has worked to revise the
mapping procedures for non-accredited
levees. This approach works within the
confines of existing federal regulations,
yet is more flexible, collaborative and
feasible.
FEMA is replacing the former,
singular approach with a suite of
procedures that are technically sound,
understandable to stakeholders, and
cost effective. This suite of procedures
will better meet the needs of the public
and provide more precise results, while
at the same time recognizing that
uncertainty will remain. While these
procedures allow for more detailed
modeling and mapping of flood hazards
for non-accredited levee systems, the
risk of flooding in levee-impacted areas
remains. Therefore, levee system owners
and communities still need to remain
engaged in flood risk management and
communication activities.
IV. Request for Comments
FEMA welcomes your comments,
questions, and concerns regarding the
proposed approach’s technical clarity,
potential local impact, and feasibility
for community participation. FEMA also
welcomes any suggestions for
improvement to the proposed approach.
Date
Sandra Knight,
Deputy Associate Administrator, Federal
Insurance and Mitigation, Federal Emergency
Management Agency.
[FR Doc. 2011–32128 Filed 12–14–11; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF THE INTERIOR
U.S. Fish and Wildlife Service, Interior
[FWS–R4–FHC–2011–
N255;FVHC98130406900Y4–XXX–
FF04G01000]
Deepwater Horizon Oil Spill; Draft
Phase I Early Restoration Plan and
Environmental Assessment
Department of the Interior.
Notice of availability; request
for comments.
AGENCY:
ACTION:
In accordance with the Oil
Pollution Act of 1990 (OPA), the
National Environmental Policy Act
(NEPA), and the Framework Agreement
for Early Restoration Addressing
Injuries Resulting from the Deepwater
Horizon Oil Spill, the Federal and State
natural resource trustee agencies
(Trustees) have prepared a Draft Early
Restoration Plan and Environmental
Assessment (DERP/EA) describing and
proposing a suite of early restoration
projects intended to commence the
process of restoring natural resources
and services injured or lost as a result
of the Deepwater Horizon oil spill,
which occurred on or about April 20,
2010, in the Gulf of Mexico. The
purpose of this notice is to inform the
public of the availability of the DERP/
EA and to seek written comments on the
proposed restoration alternative
presented in the DERP/EA.
DATES: Comments Due Date: We will
consider public comments received on
or before February 14, 2012.
Public Meetings: A series of public
meetings are scheduled to facilitate
public review and comment on the
DERP/EA. Both written and verbal
public comments will be taken at the
meetings. The meeting dates, times, and
locations are listed below. Meeting
facilities and their addresses will be
published in local newspapers and will
be posted on the web at
www.gulfspillrestoration.noaa.gov.
SUMMARY:
Time
Jan 11, 2012 ...................
Jan 12, 2012 ...................
VerDate Mar<15>2010
Authority: 42 U.S.C. 4001, 44 CFR part 65.
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Obtaining Documents: You
may download the DERP/EA and the
framework agreement at https://
www.gulfspillrestoration.noaa.gov or
https://www.doi.gov/deepwaterhorizon.
Alternatively, you may request a CD of
the DERP/EA (see FOR FURTHER
INFORMATION CONTACT). You may also
review hard copies of the DERP/EA at
any of the public repositories listed at
https://
www.gulfspillrestoration.noaa.gov.
Submitting Comments: You may submit
comments on the DERP/EA by one of
following methods:
• Via the Web: https://
www.gulfspillrestoration.noaa.gov.
• For electronic submission of
comments containing attachments,
email: Phase1DERPcomments@fws.gov.
• U.S. Mail: c/o U.S. Fish and
Wildlife Service, P.O. Box 200,
Fairhope, AL 36533.
FOR FURTHER INFORMATION CONTACT:
Brian Spears at FW4DWHInfo@fws.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
Introduction
On or about April 20, 2010, the
mobile offshore drilling unit Deepwater
Horizon, which was being used to drill
a well for BP Exploration and
Production, Inc. (BP) in the Macondo
prospect (Mississippi Canyon 252—
MC252), experienced a significant
explosion, fire and subsequent sinking
in the Gulf of Mexico, resulting in
discharges of oil and other substances
from the rig and from the wellhead on
the seabed. An estimated 4.9 million
barrels (210 million gallons) of oil were
released from the well into the Gulf of
Mexico over a period of approximately
three months. In addition,
approximately 771,000 gallons of
dispersants were applied to the waters
VerDate Mar<15>2010
16:49 Dec 14, 2011
Location
Open House ..............................................................................................................................
Meeting/presentation/comment
Open House ..............................................................................................................................
Meeting/presentation/comment
Open House ..............................................................................................................................
Meeting/presentation/comment
Open House ..............................................................................................................................
Meeting/presentation/comment
Open House ..............................................................................................................................
Meeting/presentation/comment
Open House ..............................................................................................................................
Meeting/presentation/comment
Open House ..............................................................................................................................
Meeting/presentation/comment
Open House ..............................................................................................................................
Meeting/presentation/comment
Open House ..............................................................................................................................
Meeting/presentation/comment
Open House ..............................................................................................................................
Meeting/presentation/comment
ADDRESSES:
Jkt 226001
of the spill area in an attempt to
minimize impacts from spilled oil.
Affected resources include ecologically,
recreationally, and commercially
important species and their habitats in
the Gulf of Mexico and along the coastal
areas of Alabama, Florida, Louisiana,
Mississippi, and Texas.
Federal and State trustees (listed
below) are conducting the natural
resource damage assessment for the
Deepwater Horizon oil spill under the
Oil Pollution Act 1990 (OPA; 33 U.S.C.
2701 et seq.). Pursuant to OPA, federal
and state agencies and Indian tribes may
act as trustees on behalf of the public to
assess natural resource injuries and
losses and to determine the damages
required to compensate the public for
those injuries and losses. OPA further
instructs the designated trustees to
develop and implement a plan for the
restoration, rehabilitation, replacement,
or acquisition of the equivalent of the
injured natural resources under their
trusteeship. The trustees have
developed this DERP/EA under the
Framework Agreement.
The trustees are:
• U.S. Department of the Interior
(DOI), as represented by the National
Park Service, U.S Fish and Wildlife
Service, and Bureau of Land
Management;
• National Oceanic and Atmospheric
Administration (NOAA), on behalf of
the U.S Department of Commerce;
• State of Louisiana Coastal
Protection and Restoration Authority,
Oil Spill Coordinator’s Office,
Department of Environmental Quality,
Department of Wildlife and Fisheries
and Department of Natural Resources;
• State of Mississippi Department of
Environmental Quality;
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78017
Mississippi
Mississippi
Mississippi
Alabama
Alabama
Texas
Louisiana
Louisiana
Louisiana
Washington,
D.C.
• State of Alabama Department of
Conservation and Natural Resources and
Geological Survey of Alabama;
• State of Florida Department of
Environmental Protection and Fish and
Wildlife Conservation Commission; and
• Texas Parks and Wildlife
Department, Texas General Land Office
and Texas Commission on
Environmental Quality.
The U.S. Department of Defense
(DOD) is a Trustee, but does not have
affected lands in this Draft Phase I Early
Restoration Project.
Background
On April 20, 2011, BP agreed to
provide up to $1 billion toward early
restoration projects in the Gulf of
Mexico to address injuries to natural
resources caused by the Deepwater
Horizon oil spill. This early restoration
agreement, entitled ‘‘Framework for
Early Restoration Addressing Injuries
Resulting from the Deepwater Horizon
Oil Spill’’ (Framework Agreement),
represents a preliminary step toward the
restoration of injured natural resources.
The Framework Agreement is intended
to expedite the start of restoration in the
Gulf in advance of the completion of the
injury assessment process. The
Framework Agreement provides a
mechanism through which the Trustees
and BP can work together ‘‘to
commence implementation of early
restoration projects that will provide
meaningful benefits to accelerate
restoration in the Gulf as quickly as
practicable’’ prior to the completion of
the natural resource damage assessment
process or full resolution of the
Trustees’ natural resource damages
claim.
The Trustees have actively solicited
public input on restoration project ideas
E:\FR\FM\15DEN1.SGM
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78018
Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices
through a variety of mechanisms,
including public meetings, electronic
communication, and creation of a
Trustee-wide public Web site and
database to share information and
receive public project submissions. The
Trustees are considering a broad array of
potential early restoration projects.
Their key objective in pursuing early
restoration is to secure tangible recovery
of natural resources and natural
resource services for the public’s benefit
while the longer-term process of fully
assessing injury and damages is still
underway. As the first step in this
accelerated process, the Trustees are
first proposing eight projects as set forth
in this Phase I Draft Early Restoration
Plan/Environmental Assessment (DERP/
EA) in accordance with OPA and NEPA.
The projects proposed in this plan are
not intended to, and do not fully,
address all injuries caused by the spill
or provide the extent of restoration
needed to satisfy claims against BP.
In keeping with the Framework
Agreement, the DERP/EA includes an
estimate of the gains anticipated to
result from each project, referred to as
‘‘Natural Resource Damage Offsets’’
(NRD Offsets). These NRD Offsets were
identified consistent with the terms of
the Framework Agreement. If these
projects are approved, at the end of the
NRDA process, the Trustees would
credit these NRD Offsets generated by
these early restoration projects towards
the total restoration credits required
based on the completed injury
assessment. Further comprehensive
restoration will still be required to fully
compensate the public for natural
resource losses from the oil spill.
Overview of the Phase 1 DERP/EA
mstockstill on DSK4VPTVN1PROD with NOTICES
Draft Early Restoration Plan
Alternatives, Including Proposed
Alternative
The DERP/EA describes two early
restoration alternatives: No Action—
Natural Recovery (required for
consideration by OPA) and Proposed
Action—Proposed Early Restoration
Projects. Under the No Action
alternative, the trustees would not
implement early restoration projects as
described in this DERP/EA. Rather, the
trustees would rely, for the time being,
solely on natural recovery processes to
restore natural resources to their prespill conditions and would undertake
no early actions to accelerate recovery
or to help address interim resource
losses.
Under the Proposed Action, the
Trustees are considering eight projects
that meet the selection criteria as
described in the DERP/EA.
VerDate Mar<15>2010
19:28 Dec 14, 2011
Jkt 226001
Proposed Action—Proposed Early
Restoration Projects
The proposed projects are intended to
provide services that will benefit
injured marshes, coastal dune habitats,
nearshore sediments, oysters, and
human uses (on water recreation). Each
of these projects provides benefits to
natural resources and their services
injured by the Deepwater Horizon oil
spill. The proposed projects are: (1)
Lake Hermitage Marsh Creation,
Louisiana; (2) Louisiana Oyster Cultch
Project; (3) Mississippi Oyster Cultch
Restoration; (4) Mississippi Artificial
Reef Habitat; (5) Marsh Island
(Portersville Bay, Alabama) Marsh
Creation; (6) Alabama Dune Restoration
Cooperative Project; (7) Florida Boat
Ramp Enhancement Cooperative
Project; (8) Florida Dune Restoration.
Next Step
After the public comment period
ends, we will analyze and address the
comments. After close of the public
comment period, the Trustees will
consider all input received before a
Phase I Early Restoration Plan is
finalized. As described above, a series of
public meetings are scheduled to
facilitate the public review and
comment process. Upon completion of
the Phase I Early Restoration Plan,
negotiations with BP will be completed
and approved projects will proceed to
implementation, pending compliance
with all applicable state and federal
laws.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment including your
personal identifying information, may
be publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Administrative Record
The documents comprising the
Administrative Record can be viewed
electronically at the following location:
https://www.doi.gov/deepwaterhorizon.
Author
The primary author of this notice is
Nanciann Regalado.
Authority
The authority of this action is the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et
seq.), the implementing Natural
Resource Damage Assessment
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regulations found at 15 CFR Part 990,
and the Framework Agreement for
Addressing Injuries Resulting from the
Deepwater Horizon Oil Spill.
Cynthia K. Dohner,
DOI Authorized Official.
[FR Doc. 2011–32185 Filed 12–14–11; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Renewal of Agency Information
Collection for the Bureau of Indian
Education Adult Education Program;
Request for Comments
Bureau of Indian Affairs,
Interior.
ACTION: Notice of submission to OMB.
AGENCIES:
In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Indian Education (BIE) is
submitting to the Office of Management
and Budget (OMB) a request for renewal
for the collection of information for the
Adult Education Program. The
information collection is currently
authorized by OMB Control Number
1076–0120, which expires December 31,
2011.
DATES: Interested persons are invited to
submit comments on or before January
17, 2012.
ADDRESSES: You may submit comments
on the information collection to the
Desk Officer for the Department of the
Interior at the Office of Management and
Budget, by facsimile to (202) 395–5806
or you may send an email to: OIRA_
DOCKET@omb.eop.gov. Please send a
copy of your comments to Brandi Sweet,
Bureau of Indian Education, 1849 C
Street NW., MS–4141, Washington, DC
20240, fax (202) 208–3312; email:
Brandi.Sweet@bie.edu.
FOR FURTHER INFORMATION CONTACT:
Brandi Sweet, Bureau of Indian
Education, at (202) 208–5504. You may
review the ICR online at https://www.
reginfo.gov. Follow the instructions to
review Department of the Interior
collections under review by OMB.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
The Bureau of Indian Education (BIE)
is seeking renewal of the approval for
the information collection conducted
under 25 CFR part 46 to manage
program resources and for fiscal
accountability and appropriate direct
services documentation. Approval for
this collection expires on December 31,
2011. This information includes an
E:\FR\FM\15DEN1.SGM
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Agencies
[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Notices]
[Pages 78016-78018]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32185]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
U.S. Fish and Wildlife Service, Interior
[FWS-R4-FHC-2011-N255;FVHC98130406900Y4-XXX-FF04G01000]
Deepwater Horizon Oil Spill; Draft Phase I Early Restoration Plan
and Environmental Assessment
AGENCY: Department of the Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the
National Environmental Policy Act (NEPA), and the Framework Agreement
for Early Restoration Addressing Injuries Resulting from the Deepwater
Horizon Oil Spill, the Federal and State natural resource trustee
agencies (Trustees) have prepared a Draft Early Restoration Plan and
Environmental Assessment (DERP/EA) describing and proposing a suite of
early restoration projects intended to commence the process of
restoring natural resources and services injured or lost as a result of
the Deepwater Horizon oil spill, which occurred on or about April 20,
2010, in the Gulf of Mexico. The purpose of this notice is to inform
the public of the availability of the DERP/EA and to seek written
comments on the proposed restoration alternative presented in the DERP/
EA.
DATES: Comments Due Date: We will consider public comments received on
or before February 14, 2012.
Public Meetings: A series of public meetings are scheduled to
facilitate public review and comment on the DERP/EA. Both written and
verbal public comments will be taken at the meetings. The meeting
dates, times, and locations are listed below. Meeting facilities and
their addresses will be published in local newspapers and will be
posted on the web at www.gulfspillrestoration.noaa.gov.
------------------------------------------------------------------------
Date Time Location
------------------------------------------------------------------------
Jan 11, 2012.................. 6:00 pm Open House... Florida
7:00 pm Meeting/
presentation/comment.
Jan 12, 2012.................. 6:00 pm Open House... Florida
7:00 pm Meeting/
presentation/comment.
[[Page 78017]]
Jan 17, 2012.................. 6:00 pm Open House... Mississippi
7:00 pm Meeting/
presentation/comment.
Jan 18, 2012.................. 6:00 pm Open House... Mississippi
7:00 pm Meeting/
presentation/comment.
Jan 19, 2012.................. 6:00 pm Open House... Mississippi
7:00 pm Meeting/
presentation/comment.
Jan 23, 2012.................. 6:00 pm Open House... Alabama
7:00 pm Meeting/
presentation/comment.
Jan 24, 2012.................. 6:00 pm Open House... Alabama
7:00 pm Meeting/
presentation/comment.
Jan 26, 2012.................. 6:00 pm Open House... Texas
7:00 pm Meeting/
presentation/comment.
Jan 31, 2012.................. 5:30 pm Open House... Louisiana
6:30 pm Meeting/
presentation/comment.
Feb 1, 2012................... 5:30 pm Open House... Louisiana
6:30 pm Meeting/
presentation/comment.
Feb 2, 2012................... 5:30 pm Open House... Louisiana
6:30 pm Meeting/
presentation/comment.
Feb 7, 2012................... 6:00 pm Open House... Washington, D.C.
7:00 pm Meeting/
presentation/comment.
------------------------------------------------------------------------
ADDRESSES: Obtaining Documents: You may download the DERP/EA and the
framework agreement at https://www.gulfspillrestoration.noaa.gov or
https://www.doi.gov/deepwaterhorizon. Alternatively, you may request a
CD of the DERP/EA (see FOR FURTHER INFORMATION CONTACT). You may also
review hard copies of the DERP/EA at any of the public repositories
listed at https://www.gulfspillrestoration.noaa.gov. Submitting
Comments: You may submit comments on the DERP/EA by one of following
methods:
Via the Web: https://www.gulfspillrestoration.noaa.gov.
For electronic submission of comments containing
attachments, email: Phase1DERPcomments@fws.gov.
U.S. Mail: c/o U.S. Fish and Wildlife Service, P.O. Box
200, Fairhope, AL 36533.
FOR FURTHER INFORMATION CONTACT: Brian Spears at FW4DWHInfo@fws.gov.
SUPPLEMENTARY INFORMATION:
Introduction
On or about April 20, 2010, the mobile offshore drilling unit
Deepwater Horizon, which was being used to drill a well for BP
Exploration and Production, Inc. (BP) in the Macondo prospect
(Mississippi Canyon 252--MC252), experienced a significant explosion,
fire and subsequent sinking in the Gulf of Mexico, resulting in
discharges of oil and other substances from the rig and from the
wellhead on the seabed. An estimated 4.9 million barrels (210 million
gallons) of oil were released from the well into the Gulf of Mexico
over a period of approximately three months. In addition, approximately
771,000 gallons of dispersants were applied to the waters of the spill
area in an attempt to minimize impacts from spilled oil. Affected
resources include ecologically, recreationally, and commercially
important species and their habitats in the Gulf of Mexico and along
the coastal areas of Alabama, Florida, Louisiana, Mississippi, and
Texas.
Federal and State trustees (listed below) are conducting the
natural resource damage assessment for the Deepwater Horizon oil spill
under the Oil Pollution Act 1990 (OPA; 33 U.S.C. 2701 et seq.).
Pursuant to OPA, federal and state agencies and Indian tribes may act
as trustees on behalf of the public to assess natural resource injuries
and losses and to determine the damages required to compensate the
public for those injuries and losses. OPA further instructs the
designated trustees to develop and implement a plan for the
restoration, rehabilitation, replacement, or acquisition of the
equivalent of the injured natural resources under their trusteeship.
The trustees have developed this DERP/EA under the Framework Agreement.
The trustees are:
U.S. Department of the Interior (DOI), as represented by
the National Park Service, U.S Fish and Wildlife Service, and Bureau of
Land Management;
National Oceanic and Atmospheric Administration (NOAA), on
behalf of the U.S Department of Commerce;
State of Louisiana Coastal Protection and Restoration
Authority, Oil Spill Coordinator's Office, Department of Environmental
Quality, Department of Wildlife and Fisheries and Department of Natural
Resources;
State of Mississippi Department of Environmental Quality;
State of Alabama Department of Conservation and Natural
Resources and Geological Survey of Alabama;
State of Florida Department of Environmental Protection
and Fish and Wildlife Conservation Commission; and
Texas Parks and Wildlife Department, Texas General Land
Office and Texas Commission on Environmental Quality.
The U.S. Department of Defense (DOD) is a Trustee, but does not
have affected lands in this Draft Phase I Early Restoration Project.
Background
On April 20, 2011, BP agreed to provide up to $1 billion toward
early restoration projects in the Gulf of Mexico to address injuries to
natural resources caused by the Deepwater Horizon oil spill. This early
restoration agreement, entitled ``Framework for Early Restoration
Addressing Injuries Resulting from the Deepwater Horizon Oil Spill''
(Framework Agreement), represents a preliminary step toward the
restoration of injured natural resources. The Framework Agreement is
intended to expedite the start of restoration in the Gulf in advance of
the completion of the injury assessment process. The Framework
Agreement provides a mechanism through which the Trustees and BP can
work together ``to commence implementation of early restoration
projects that will provide meaningful benefits to accelerate
restoration in the Gulf as quickly as practicable'' prior to the
completion of the natural resource damage assessment process or full
resolution of the Trustees' natural resource damages claim.
The Trustees have actively solicited public input on restoration
project ideas
[[Page 78018]]
through a variety of mechanisms, including public meetings, electronic
communication, and creation of a Trustee-wide public Web site and
database to share information and receive public project submissions.
The Trustees are considering a broad array of potential early
restoration projects. Their key objective in pursuing early restoration
is to secure tangible recovery of natural resources and natural
resource services for the public's benefit while the longer-term
process of fully assessing injury and damages is still underway. As the
first step in this accelerated process, the Trustees are first
proposing eight projects as set forth in this Phase I Draft Early
Restoration Plan/Environmental Assessment (DERP/EA) in accordance with
OPA and NEPA. The projects proposed in this plan are not intended to,
and do not fully, address all injuries caused by the spill or provide
the extent of restoration needed to satisfy claims against BP.
In keeping with the Framework Agreement, the DERP/EA includes an
estimate of the gains anticipated to result from each project, referred
to as ``Natural Resource Damage Offsets'' (NRD Offsets). These NRD
Offsets were identified consistent with the terms of the Framework
Agreement. If these projects are approved, at the end of the NRDA
process, the Trustees would credit these NRD Offsets generated by these
early restoration projects towards the total restoration credits
required based on the completed injury assessment. Further
comprehensive restoration will still be required to fully compensate
the public for natural resource losses from the oil spill.
Overview of the Phase 1 DERP/EA
Draft Early Restoration Plan Alternatives, Including Proposed
Alternative
The DERP/EA describes two early restoration alternatives: No
Action--Natural Recovery (required for consideration by OPA) and
Proposed Action--Proposed Early Restoration Projects. Under the No
Action alternative, the trustees would not implement early restoration
projects as described in this DERP/EA. Rather, the trustees would rely,
for the time being, solely on natural recovery processes to restore
natural resources to their pre-spill conditions and would undertake no
early actions to accelerate recovery or to help address interim
resource losses.
Under the Proposed Action, the Trustees are considering eight
projects that meet the selection criteria as described in the DERP/EA.
Proposed Action--Proposed Early Restoration Projects
The proposed projects are intended to provide services that will
benefit injured marshes, coastal dune habitats, nearshore sediments,
oysters, and human uses (on water recreation). Each of these projects
provides benefits to natural resources and their services injured by
the Deepwater Horizon oil spill. The proposed projects are: (1) Lake
Hermitage Marsh Creation, Louisiana; (2) Louisiana Oyster Cultch
Project; (3) Mississippi Oyster Cultch Restoration; (4) Mississippi
Artificial Reef Habitat; (5) Marsh Island (Portersville Bay, Alabama)
Marsh Creation; (6) Alabama Dune Restoration Cooperative Project; (7)
Florida Boat Ramp Enhancement Cooperative Project; (8) Florida Dune
Restoration.
Next Step
After the public comment period ends, we will analyze and address
the comments. After close of the public comment period, the Trustees
will consider all input received before a Phase I Early Restoration
Plan is finalized. As described above, a series of public meetings are
scheduled to facilitate the public review and comment process. Upon
completion of the Phase I Early Restoration Plan, negotiations with BP
will be completed and approved projects will proceed to implementation,
pending compliance with all applicable state and federal laws.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment including your personal identifying
information, may be publicly available at any time. While you can ask
us in your comment to withhold your personal identifying information
from public review, we cannot guarantee that we will be able to do so.
Administrative Record
The documents comprising the Administrative Record can be viewed
electronically at the following location: https://www.doi.gov/deepwaterhorizon.
Author
The primary author of this notice is Nanciann Regalado.
Authority
The authority of this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), the implementing Natural Resource Damage
Assessment regulations found at 15 CFR Part 990, and the Framework
Agreement for Addressing Injuries Resulting from the Deepwater Horizon
Oil Spill.
Cynthia K. Dohner,
DOI Authorized Official.
[FR Doc. 2011-32185 Filed 12-14-11; 8:45 am]
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