Deepwater Horizon Oil Spill; Draft Programmatic and Phase III Early Restoration Plan and Draft Early Restoration Programmatic Environmental Impact Statement, 73555-73557 [2013-28792]
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Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Notices
Dated: November 28, 2013.
Mark Johnston,
Deputy Assistant Secretary for Special Needs.
TITLE V, FEDERAL SURPLUS PROPERTY
PROGRAM FEDERAL REGISTER REPORT
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DEPARTMENT OF THE INTERIOR
[FWS–R4–FHC–2013–N258;
FVHC98130406900–XXX–FF04G01000]
Deepwater Horizon Oil Spill; Draft
Programmatic and Phase III Early
Restoration Plan and Draft Early
Restoration Programmatic
Environmental Impact Statement
Interior.
Notice of availability; request
for comments.
AGENCY:
ACTION:
Building
California
Building 270, NAS. N. Island
Naval Base Coronado, PO Box 357040
San Diego CA 92135
Landholding Agency: Navy
Property Number: 77201340005
Status: Excess
Comments: Due to anti-terrorism/force
protection public denied and no alternative
method to gain access without
compromising national security.
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Massachusetts
Navy Operational Support Ctr.
640 Plantation Street
Worcester MA 01606
Landholding Agency: Navy
Property Number: 77201340004
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Directions: 2 Bldgs.; 6 Structures; 3 Utilities
Comments: Public access denied and no
alternative method to gain access without
compromising national security.
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4 Buildings
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Los Alamos NM 87545
Landholding Agency: Energy
Property Number: 41201340001
Status: Excess
Directions: TA03–2209; TA16–1485; TA16–
1486; and TA46–0059
In accordance with the Oil
Pollution Act of 1990 (OPA) and the
National Environmental Policy Act
(NEPA), the Federal and State natural
resource trustee agencies (Trustees)
have prepared a Draft Programmatic and
Phase III Early Restoration Plan and
Draft Early Restoration Programmatic
Environmental Impact Statement (Draft
Phase III ERP/PEIS). The Draft Phase III
ERP/PEIS considers programmatic
alternatives to restore natural resources,
ecological services, and recreational use
services injured or lost as a result of the
Deepwater Horizon oil spill. The
restoration alternatives are comprised of
early restoration project types; the
Trustees additionally propose forty-four
specific early restoration projects that
are consistent with the proposed early
restoration program alternatives. The
Trustees have developed restoration
alternatives and projects to utilize funds
for early restoration being provided
under the Framework for Early
Restoration Addressing Injuries
Resulting from the Deepwater Horizon
Oil Spill (Framework Agreement)
discussed below. Criteria and evaluation
standards under the OPA natural
SUMMARY:
Date
Tues., Dec. 17, 2013 ..............................
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Tues., Jan. 14, 2014 ...............................
Wed., Jan. 15, 2014 ...............................
Thurs., Jan. 16, 2014 ..............................
Tues., Jan. 21, 2014 ...............................
Wed., Jan. 22, 2014 ...............................
17:28 Dec 05, 2013
DATES:
Comments Due Date: We will
consider public comments received on
or before February 4, 2014.
Public Meetings: The Trustees have
scheduled a series of public meetings to
facilitate public review and comment on
the Draft Phase III ERP/PEIS. Both
written and verbal public comments
will be taken at each public meeting.
The Trustees will hold an open house
for each meeting followed by a formal
meeting. Each public meeting will
include a presentation of the Draft Phase
III ERP/PEIS. The public meeting
schedule is as follows:
Time
Mon., Dec. 16, 2013 ...............................
VerDate Mar<15>2010
resource damage assessment regulations
and the Framework Agreement guided
the Trustees’ consideration of
programmatic restoration alternatives.
The Draft Phase III ERP/PEIS evaluates
these restoration alternatives and
projects under criteria set forth in the
OPA natural resource damage
assessment regulations and the
Framework Agreement. The Draft Phase
III ERP/PEIS also evaluates the
environmental consequences of the
restoration alternatives and projects
under NEPA. The purpose of this notice
is to inform the public of the availability
of the Draft Phase III ERP/PEIS and to
seek public comments on the document.
This Notice of Availability also serves
as notice that the Trustees intend to use
components of existing restoration
projects, as further described in the
Draft Phase III ERP/PEIS, as required by
15 CFR 990.56(b)(3). In those instances,
the projects were previously developed
with public review and comment and
are subject to current public review and
comment; are adequate to compensate
the environment and public as part of
the Trustees’ ongoing early restoration
efforts; address resources that have been
identified by Trustees as being injured
by the Deepwater Horizon oil spill; and
are reasonably scalable for early
restoration purposes.
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Mobile, AL.
Long Beach, MS.
Belle Chasse, LA.
Thibodaux, LA.
Lake Charles, LA.
Port Arthur, TX.
Galveston, TX.
06DEN1
73556
Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Notices
Date
Time
Thurs., Jan. 23, 2014 ..............................
Tues., Jan. 28, 2014 ...............................
Wed., Jan. 29, 2014 ...............................
6:00
6:30
6:00
6:30
6:00
6:30
ADDRESSES:
Obtaining Documents: You may
download the Draft Phase III ERP/PEIS
at https://www.gulfspillrestoration.
noaa.gov or https://www.doi.gov/
deepwaterhorizon.
Alternatively, you may request a CD
of the Draft Phase III ERP/PEIS (see FOR
FURTHER INFORMATION CONTACT). You
may also view the document at any of
the public facilities listed at https://
www.gulfspillrestoration.noaa.gov.
Submitting Comments: You may
submit comments on the Draft Phase III
ERP/PEIS by one of following methods:
• Via the Web: https://
www.gulfspillrestoration.noaa.gov.
• U.S. Mail: U.S. Fish and Wildlife
Service, P.O. Box 49567, Atlanta, GA
30345.
FOR FURTHER INFORMATION CONTACT:
Nanciann Regalado at nanciann_
regalado@fws.gov
mailto:fw4coastalDERPcomments@
fws.gov.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK67QTVN1PROD 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 an
unprecedented volume of oil and other
discharges from the rig and from the
wellhead on the seabed. The Deepwater
Horizon oil spill is the largest oil spill
in U.S. history, discharging millions of
barrels of oil over a period of eightyseven days. In addition, well over one
million gallons of dispersants were
applied to the waters of the spill area in
an attempt to disperse the spilled oil.
An undetermined amount of natural gas
was also released into the environment
as a result of the spill.
The State and Federal natural
resource trustees (Trustees) 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 act as trustees on behalf of the
VerDate Mar<15>2010
17:28 Dec 05, 2013
Jkt 232001
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PM
PM
PM
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Location
Open House ............................................................
Public Meeting ........................................................
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Public Meeting ........................................................
public to assess natural resource injuries
and losses, and to determine the actions
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, including the loss of use
and services from those resources from
the time of injury until the time
restoration to baseline (the resource
quality and conditions that would exist
if the spill had not occurred) is
complete. Pursuant to the process
articulated in the Framework Agreement
for Early Restoration Addressing
Injuries Resulting from the Deepwater
Horizon Oil Spill (Framework
Agreement), the Trustees have
previously selected, and BP has agreed
to fund, a total of 10 early restoration
projects, expected to cost a total of
approximately $71 million, through the
Phase I Early Restoration Plan/
Environmental Assessment (Phase I
ERP) and Phase II Early Restoration
Plan/Environmental Review (Phase II
ERP). These plans are available at:
https://
www.gulfspillrestoration.noaa.gov/
restoration/early-restoration/
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;
• U.S. Department of Agriculture
(USDA);
• U.S. Department of Defense
(DOD); 1
• U.S. Environmental Protection
Agency (USEPA);
• 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;
1 Although a trustee under OPA by virtue of the
proximity of its facilities to the Deepwater Horizon
oil spill, DOD is not a member of the Trustee
Council and does not currently participate in
Trustee decision-making.
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Corpus Christi, TX.
Pensacola, FL.
Panama City, FL.
• 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
• For the State of Texas: Texas Parks
and Wildlife Department, Texas General
Land Office, and Texas Commission on
Environmental Quality.
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. The Framework
Agreement represents a preliminary step
toward the restoration of injured natural
resources. This 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 resolution of
the Trustees’ natural resource damages
claim. Early restoration is not intended
to, and does not fully address all
injuries caused by the Deepwater
Horizon oil spill. Restoration beyond
early restoration projects will be
required to fully compensate the public
for natural resource losses including
recreational use losses from the
Deepwater Horizon oil spill.
The Trustees actively solicited public
input on restoration project ideas
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.
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
underway. The Trustees released, after
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Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Notices
public review of a draft, a Phase I Early
Restoration Plan/Environmental
Assessment (Phase I ERP/EA) in April
2012. Subsequently, the Trustees
released, after public review of a draft,
a Phase II Early Restoration Plan/
Environmental Review (Phase II ERP/
ER) in December 2012.
In addition to the 10 projects
contained in the Phase I and Phase II
Early Restoration Plans, the Trustees are
proposing 44 additional early
restoration projects in Phase III to
address injuries from the Deepwater
Horizon oil spill. The Trustees are
proposing these projects at this time
while continuing to work with BP to
develop additional restoration projects
in accordance with the Framework
Agreement. The Draft Phase III ERP/
PEIS is not intended to, and does not
fully address all injuries caused by the
spill or provide the extent of restoration
needed to make the public and the
environment whole.
emcdonald on DSK67QTVN1PROD with NOTICES
Overview of the Draft Phase III ERP/
PEIS
The Draft Phase III ERP/PEIS is being
released in accordance with the Oil
Pollution Act (OPA), the Natural
Resources Damage Assessment (NRDA)
regulations found in the Code of Federal
Regulations (CFR) at 15 CFR 990, the
National Environmental Policy Act (42
U.S.C. 4321 et seq.), and the Framework
for Early Restoration Addressing
Injuries Resulting from the Deepwater
Horizon Oil Spill.
On June 4, 2013, the Trustees
announced their intent to prepare an
Early Restoration Plan, as well as a
Programmatic Environmental Impact
Statement (PEIS) under OPA and the
National Environmental Policy Act
(NEPA) to evaluate the environmental
consequences of early restoration
project types, as well as the early
restoration projects the Trustees have
proposed in the Draft Phase III ERP/
PEIS. In accordance with NEPA, the
Trustees conducted scoping to identify
the concerns of the affected public and
Federal agencies, States, and Indian
tribes; involve the public in the decision
making process; facilitate efficient early
restoration planning and environmental
review; define the issues and
alternatives that will be examined in
detail; and save time by ensuring that
draft documents adequately address
relevant issues. A scoping process
reduces paperwork and delay by
ensuring that important issues are
considered early in the decision making
process. To gather public input, the
Trustees hosted six public meetings.
The Trustees also accepted written
VerDate Mar<15>2010
18:57 Dec 05, 2013
Jkt 232001
comment electronically and via U.S.
mail during the scoping period.
The Draft Phase III ERP/PEIS proposes
early restoration programmatic
alternatives and evaluates the potential
environmental effects and cumulative
effects of those alternatives. The Draft
Phase III ERP/PEIS groups 12 project
types into two categories: (1) Contribute
to Restoring Habitats and Living Coastal
and Marine Resources, and (2)
Contribute to Providing and Enhancing
Recreational Opportunities. These
categories provide the basis for defining
the list of four proposed alternatives
included in the document:
• Alternative 1: No Action (No
Additional Early Restoration);
• Alternative 2: Contribute to
Restoring Habitats and Living Coastal
and Marine Resources;
• Alternative 3: Contribute to
Providing and Enhancing Recreational
Opportunities; and
• Alternative 4 (Preferred
Alternative): Contribute to Restoring
Habitats, Living Coastal and Marine
Resources, and Recreational
Opportunities
The Trustees are considering 44
projects in the Draft Phase III ERP/PEIS.
The total estimated cost for proposed
Phase III projects is approximately $625
million. Details regarding expenditures
on projects are provided in the Draft
Phase III ERP/PEIS.
The proposed restoration projects are
intended to continue the process of
using early restoration funding to
restore natural resources, ecological
services, and recreational use services
injured or lost as a result of the
Deepwater Horizon oil spill. The
Trustees considered hundreds of
projects leading to the identification of
a potential 28 future early restoration
projects announced in the May 6, 2013
Federal Register notice (78 FR 26319),
and the document now proposes these
28 projects plus additional early
restoration projects agreed upon by the
Trustees and BP subsequent to the
announcement. They considered both
ecological and recreational use
restoration projects to restore injuries
caused by the Deepwater Horizon oil
spill, addressing both the physical and
biological environment, as well as the
relationship people have with the
environment.
Early restoration actions are not
intended to provide the full extent of
restoration needed to make the public
and the environment whole. The
Trustees anticipate that additional early
restoration projects will be proposed in
the future as the early restoration
process continues.
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73557
Next Steps
As described above, public meetings
are scheduled to facilitate the public
review and comment process. After the
public comment period ends, the
Trustees will consider and address the
comments received before issuing a
Final Programmatic and Phase III Early
Restoration Plan and Final Early
Restoration Programmatic
Environmental Impact Statement (Final
Phase III ERP/PEIS). After issuing a
Final Phase III ERP/PEIS, the Trustees
will file negotiated stipulations for
approved projects with the court.
Approved projects will then proceed to
implementation, pending compliance
with all applicable State and Federal
laws.
Invitation to Comment
The Trustees seek public review and
comment on the Draft Phase III ERP/
PEIS. 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.
Administrative Record
The documents comprising the
Administrative Record can be viewed
electronically at the following location:
https://www.doi.gov/deepwaterhorizon.
Authority
The authority of this action is the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et
seq.) and the implementing Natural
Resource Damage Assessment
regulations found at 15 CFR 990.
Cynthia K. Dohner,
DOI Authorized Official.
[FR Doc. 2013–28792 Filed 12–5–13; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–R–2013–N160; FXRS1265080000–
145–FF08R00000]
Guadalupe-Nipomo Dunes National
Wildlife Refuge, San Luis Obispo
County, CA: Intent To Prepare a
Comprehensive Conservation Plan and
Environmental Assessment
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent; request for
comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), intend to
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Notices]
[Pages 73555-73557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28792]
=======================================================================
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DEPARTMENT OF THE INTERIOR
[FWS-R4-FHC-2013-N258; FVHC98130406900-XXX-FF04G01000]
Deepwater Horizon Oil Spill; Draft Programmatic and Phase III
Early Restoration Plan and Draft Early Restoration Programmatic
Environmental Impact Statement
AGENCY: Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the
National Environmental Policy Act (NEPA), the Federal and State natural
resource trustee agencies (Trustees) have prepared a Draft Programmatic
and Phase III Early Restoration Plan and Draft Early Restoration
Programmatic Environmental Impact Statement (Draft Phase III ERP/PEIS).
The Draft Phase III ERP/PEIS considers programmatic alternatives to
restore natural resources, ecological services, and recreational use
services injured or lost as a result of the Deepwater Horizon oil
spill. The restoration alternatives are comprised of early restoration
project types; the Trustees additionally propose forty-four specific
early restoration projects that are consistent with the proposed early
restoration program alternatives. The Trustees have developed
restoration alternatives and projects to utilize funds for early
restoration being provided under the Framework for Early Restoration
Addressing Injuries Resulting from the Deepwater Horizon Oil Spill
(Framework Agreement) discussed below. Criteria and evaluation
standards under the OPA natural resource damage assessment regulations
and the Framework Agreement guided the Trustees' consideration of
programmatic restoration alternatives. The Draft Phase III ERP/PEIS
evaluates these restoration alternatives and projects under criteria
set forth in the OPA natural resource damage assessment regulations and
the Framework Agreement. The Draft Phase III ERP/PEIS also evaluates
the environmental consequences of the restoration alternatives and
projects under NEPA. The purpose of this notice is to inform the public
of the availability of the Draft Phase III ERP/PEIS and to seek public
comments on the document.
This Notice of Availability also serves as notice that the Trustees
intend to use components of existing restoration projects, as further
described in the Draft Phase III ERP/PEIS, as required by 15 CFR
990.56(b)(3). In those instances, the projects were previously
developed with public review and comment and are subject to current
public review and comment; are adequate to compensate the environment
and public as part of the Trustees' ongoing early restoration efforts;
address resources that have been identified by Trustees as being
injured by the Deepwater Horizon oil spill; and are reasonably scalable
for early restoration purposes.
DATES:
Comments Due Date: We will consider public comments received on or
before February 4, 2014.
Public Meetings: The Trustees have scheduled a series of public
meetings to facilitate public review and comment on the Draft Phase III
ERP/PEIS. Both written and verbal public comments will be taken at each
public meeting. The Trustees will hold an open house for each meeting
followed by a formal meeting. Each public meeting will include a
presentation of the Draft Phase III ERP/PEIS. The public meeting
schedule is as follows:
------------------------------------------------------------------------
Date Time Location
------------------------------------------------------------------------
Mon., Dec. 16, 2013............. 6:00 PM Open House Mobile, AL.
6:30 PM Public
Meeting.
Tues., Dec. 17, 2013............ 6:00 PM Open House Long Beach, MS.
6:30 PM Public
Meeting.
Tues., Jan. 14, 2014............ 5:30 PM Open House Belle Chasse, LA.
6:00 PM Public
Meeting.
Wed., Jan. 15, 2014............. 5:30 PM Open House Thibodaux, LA.
6:00 PM Public
Meeting.
Thurs., Jan. 16, 2014........... 5:30 PM Open House Lake Charles, LA.
6:00 PM Public
Meeting.
Tues., Jan. 21, 2014............ 6:00 PM Open House Port Arthur, TX.
6:30 PM Public
Meeting.
Wed., Jan. 22, 2014............. 6:00 PM Open House Galveston, TX.
6:30 PM Public
Meeting.
[[Page 73556]]
Thurs., Jan. 23, 2014........... 6:00 PM Open House Corpus Christi,
6:30 PM Public TX.
Meeting.
Tues., Jan. 28, 2014............ 6:00 PM Open House Pensacola, FL.
6:30 PM Public
Meeting.
Wed., Jan. 29, 2014............. 6:00 PM Open House Panama City, FL.
6:30 PM Public
Meeting.
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ADDRESSES:
Obtaining Documents: You may download the Draft Phase III ERP/PEIS
at https://www.gulfspillrestoration.noaa.gov or https://www.doi.gov/deepwaterhorizon.
Alternatively, you may request a CD of the Draft Phase III ERP/PEIS
(see FOR FURTHER INFORMATION CONTACT). You may also view the document
at any of the public facilities listed at https://www.gulfspillrestoration.noaa.gov.
Submitting Comments: You may submit comments on the Draft Phase III
ERP/PEIS by one of following methods:
Via the Web: https://www.gulfspillrestoration.noaa.gov.
U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 49567,
Atlanta, GA 30345.
FOR FURTHER INFORMATION CONTACT: Nanciann Regalado at nanciann_regalado@fws.gov mailto:fw4coastalDERPcomments@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 an
unprecedented volume of oil and other discharges from the rig and from
the wellhead on the seabed. The Deepwater Horizon oil spill is the
largest oil spill in U.S. history, discharging millions of barrels of
oil over a period of eighty-seven days. In addition, well over one
million gallons of dispersants were applied to the waters of the spill
area in an attempt to disperse the spilled oil. An undetermined amount
of natural gas was also released into the environment as a result of
the spill.
The State and Federal natural resource trustees (Trustees) 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 act as trustees
on behalf of the public to assess natural resource injuries and losses,
and to determine the actions 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, including the loss
of use and services from those resources from the time of injury until
the time restoration to baseline (the resource quality and conditions
that would exist if the spill had not occurred) is complete. Pursuant
to the process articulated in the Framework Agreement for Early
Restoration Addressing Injuries Resulting from the Deepwater Horizon
Oil Spill (Framework Agreement), the Trustees have previously selected,
and BP has agreed to fund, a total of 10 early restoration projects,
expected to cost a total of approximately $71 million, through the
Phase I Early Restoration Plan/Environmental Assessment (Phase I ERP)
and Phase II Early Restoration Plan/Environmental Review (Phase II
ERP). These plans are available at: https://www.gulfspillrestoration.noaa.gov/restoration/early-restoration/
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;
U.S. Department of Agriculture (USDA);
U.S. Department of Defense (DOD); \1\
---------------------------------------------------------------------------
\1\ Although a trustee under OPA by virtue of the proximity of
its facilities to the Deepwater Horizon oil spill, DOD is not a
member of the Trustee Council and does not currently participate in
Trustee decision-making.
---------------------------------------------------------------------------
U.S. Environmental Protection Agency (USEPA);
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
For the State of Texas: Texas Parks and Wildlife
Department, Texas General Land Office, and Texas Commission on
Environmental Quality.
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. The
Framework Agreement represents a preliminary step toward the
restoration of injured natural resources. This 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 resolution of the
Trustees' natural resource damages claim. Early restoration is not
intended to, and does not fully address all injuries caused by the
Deepwater Horizon oil spill. Restoration beyond early restoration
projects will be required to fully compensate the public for natural
resource losses including recreational use losses from the Deepwater
Horizon oil spill.
The Trustees actively solicited public input on restoration project
ideas 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. 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 underway. The Trustees released,
after
[[Page 73557]]
public review of a draft, a Phase I Early Restoration Plan/
Environmental Assessment (Phase I ERP/EA) in April 2012. Subsequently,
the Trustees released, after public review of a draft, a Phase II Early
Restoration Plan/Environmental Review (Phase II ERP/ER) in December
2012.
In addition to the 10 projects contained in the Phase I and Phase
II Early Restoration Plans, the Trustees are proposing 44 additional
early restoration projects in Phase III to address injuries from the
Deepwater Horizon oil spill. The Trustees are proposing these projects
at this time while continuing to work with BP to develop additional
restoration projects in accordance with the Framework Agreement. The
Draft Phase III ERP/PEIS is not intended to, and does not fully address
all injuries caused by the spill or provide the extent of restoration
needed to make the public and the environment whole.
Overview of the Draft Phase III ERP/PEIS
The Draft Phase III ERP/PEIS is being released in accordance with
the Oil Pollution Act (OPA), the Natural Resources Damage Assessment
(NRDA) regulations found in the Code of Federal Regulations (CFR) at 15
CFR 990, the National Environmental Policy Act (42 U.S.C. 4321 et
seq.), and the Framework for Early Restoration Addressing Injuries
Resulting from the Deepwater Horizon Oil Spill.
On June 4, 2013, the Trustees announced their intent to prepare an
Early Restoration Plan, as well as a Programmatic Environmental Impact
Statement (PEIS) under OPA and the National Environmental Policy Act
(NEPA) to evaluate the environmental consequences of early restoration
project types, as well as the early restoration projects the Trustees
have proposed in the Draft Phase III ERP/PEIS. In accordance with NEPA,
the Trustees conducted scoping to identify the concerns of the affected
public and Federal agencies, States, and Indian tribes; involve the
public in the decision making process; facilitate efficient early
restoration planning and environmental review; define the issues and
alternatives that will be examined in detail; and save time by ensuring
that draft documents adequately address relevant issues. A scoping
process reduces paperwork and delay by ensuring that important issues
are considered early in the decision making process. To gather public
input, the Trustees hosted six public meetings. The Trustees also
accepted written comment electronically and via U.S. mail during the
scoping period.
The Draft Phase III ERP/PEIS proposes early restoration
programmatic alternatives and evaluates the potential environmental
effects and cumulative effects of those alternatives. The Draft Phase
III ERP/PEIS groups 12 project types into two categories: (1)
Contribute to Restoring Habitats and Living Coastal and Marine
Resources, and (2) Contribute to Providing and Enhancing Recreational
Opportunities. These categories provide the basis for defining the list
of four proposed alternatives included in the document:
Alternative 1: No Action (No Additional Early
Restoration);
Alternative 2: Contribute to Restoring Habitats and Living
Coastal and Marine Resources;
Alternative 3: Contribute to Providing and Enhancing
Recreational Opportunities; and
Alternative 4 (Preferred Alternative): Contribute to
Restoring Habitats, Living Coastal and Marine Resources, and
Recreational Opportunities
The Trustees are considering 44 projects in the Draft Phase III
ERP/PEIS. The total estimated cost for proposed Phase III projects is
approximately $625 million. Details regarding expenditures on projects
are provided in the Draft Phase III ERP/PEIS.
The proposed restoration projects are intended to continue the
process of using early restoration funding to restore natural
resources, ecological services, and recreational use services injured
or lost as a result of the Deepwater Horizon oil spill. The Trustees
considered hundreds of projects leading to the identification of a
potential 28 future early restoration projects announced in the May 6,
2013 Federal Register notice (78 FR 26319), and the document now
proposes these 28 projects plus additional early restoration projects
agreed upon by the Trustees and BP subsequent to the announcement. They
considered both ecological and recreational use restoration projects to
restore injuries caused by the Deepwater Horizon oil spill, addressing
both the physical and biological environment, as well as the
relationship people have with the environment.
Early restoration actions are not intended to provide the full
extent of restoration needed to make the public and the environment
whole. The Trustees anticipate that additional early restoration
projects will be proposed in the future as the early restoration
process continues.
Next Steps
As described above, public meetings are scheduled to facilitate the
public review and comment process. After the public comment period
ends, the Trustees will consider and address the comments received
before issuing a Final Programmatic and Phase III Early Restoration
Plan and Final Early Restoration Programmatic Environmental Impact
Statement (Final Phase III ERP/PEIS). After issuing a Final Phase III
ERP/PEIS, the Trustees will file negotiated stipulations for approved
projects with the court. Approved projects will then proceed to
implementation, pending compliance with all applicable State and
Federal laws.
Invitation to Comment
The Trustees seek public review and comment on the Draft Phase III
ERP/PEIS. 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.
Administrative Record
The documents comprising the Administrative Record can be viewed
electronically at the following location: https://www.doi.gov/deepwaterhorizon.
Authority
The authority of this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.) and the implementing Natural Resource Damage
Assessment regulations found at 15 CFR 990.
Cynthia K. Dohner,
DOI Authorized Official.
[FR Doc. 2013-28792 Filed 12-5-13; 8:45 am]
BILLING CODE 4310-55-P
