Deepwater Horizon Oil Spill; Final Programmatic and Phase III Early Restoration Plan and Final Early Restoration Programmatic Environmental Impact Statement, 32570-32572 [2014-12692]
Download as PDF
32570
Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Notices
comment on specific matters before the
consensus committee.
Tentative Agenda
June 26, 2014 from 1:00 p.m. to 4:00
p.m. EST
I. Opening Remarks: Chair & DFO
II. Update on Manufactured Housing
Program Actions
III. Minutes of October 2012 MHCC
Meeting—Review and Approval
IV. Structure & Design Subcommittee
Meeting Report
V. Old Business—Review of
Recommendations Pending before
MHCC
VI. New Business—Review Items
Forwarded to MHCC by HUD
• Southern Pine, Letter Dated—April
10, 2014
• Supply Air Ducts, Letter Dated—
May 1, 2014
• GAO Report—Recommendations on
Ventilation Systems and Air
Quality, Transmittal Letter Dated—
January 9, 2013
VII. Adjourn: 4:00pm
Dated: June 2, 2014.
Pamela Beck Danner,
Administrator, Office of Manufactured
Housing Programs.
[FR Doc. 2014–13089 Filed 6–4–14; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
[FWS–R4–FHC–2014–N088;
FVHC98130406900–XXX–FF04G01000]
Deepwater Horizon Oil Spill; Final
Programmatic and Phase III Early
Restoration Plan and Final Early
Restoration Programmatic
Environmental Impact Statement
Department of the Interior.
Notice of availability.
AGENCY:
ACTION:
In accordance with the Oil
Pollution Act of 1990 (OPA) and the
National Environmental Policy Act
(NEPA), notice is hereby given that the
Federal and State natural resource
trustee agencies (Trustees) have
prepared a Final Programmatic and
Phase III Early Restoration Plan and
Final Early Restoration Programmatic
Environmental Impact Statement (Final
Phase III ERP/PEIS). The Final Phase III
ERP/PEIS considers programmatic
alternatives comprised of early
restoration project types that would
restore natural resources, ecological
services, and recreational use services
injured or lost as a result of the
Deepwater Horizon oil spill and related
response actions. The Trustees
additionally propose to select 44
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SUMMARY:
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specific early restoration projects for
implementation that are consistent with
the proposed preferred early restoration
program alternative. 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. The Final Phase III ERP/PEIS
evaluates these programmatic
restoration alternatives and projects
under criteria set forth in the natural
resource damage assessment regulations
and the Framework Agreement. The
Final 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 Final Phase III ERP/PEIS.
ADDRESSES: Obtaining Documents: You
may download the Final Phase III ERP/
PEIS at https://
www.gulfspillrestoration.noaa.gov or
https://www.doi.gov/deepwaterhorizon.
You may also view the Final Phase III
ERP/PEIS at any of the public
repositories listed at https://
www.gulfspillrestoration.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Nanciann Regalado at nanciann_
regalado@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 87 days.
In addition, well over a 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
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Fmt 4703
Sfmt 4703
public to assess natural resource injuries
and losses of natural resource services,
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
the Trustees have previously selected,
and BP has agreed to fund, a total of 10
early restoration projects, expected to
total 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. 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
• Texas Parks and Wildlife
Department, Texas General Land Office,
and Texas Commission on
Environmental Quality;
• The Department of Defense (DOD)
is also a trustee of natural resources
associated with DOD-managed land on
the Gulf Coast, which is included in the
ongoing NRDA; however DOD is not a
signatory of the Framework Agreement
nor a participant in this Phase III Early
Restoration Plan.
E:\FR\FM\05JNN1.SGM
05JNN1
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Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Notices
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. 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 resolution of
the Trustees’ natural resource damages
claim.
The Trustees actively solicited public
input on restoration project ideas
through a variety of mechanisms,
including convening public meetings,
distributing electronic communications,
and use of the Trustee-wide public Web
site and database to share information
and receive public project submissions.
The 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 under
way. The Trustees released, after public
review of a draft, a Phase I Early
Restoration Plan/Environmental
Assessment (Phase I ERP/EA) in April
2012 (April 20, 2012, 77 FR 23741).
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 (78 FR 8184).
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).
On June 4, 2013, the Trustees
announced their intent to prepare 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 to propose a
Phase III Early Restoration Plan to
address injuries from the Deepwater
Horizon oil spill that would include the
28 early restoration projects announced
in the May 6, 2013 Federal Register
notice and an additional 16 projects. In
accordance with NEPA, the Trustees
conducted scoping to identify the
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14:59 Jun 04, 2014
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concerns of the affected public, Federal
agencies, States, and Indian tribes;
involved the public in the decision
making process; facilitated efficient
early restoration planning and
environmental review; defined the
issues and alternatives that would be
examined in detail; and saved time by
ensuring that draft documents
adequately addressed 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
and accepted written comment
electronically and via U.S. mail during
the scoping period.
Notice of availability of the Draft
Programmatic and Phase III Early
Restoration Plan and Draft Early
Restoration Programmatic
Environmental Impact Statement (Draft
Phase III ERP/PEIS) was published in
the Federal Register on December 6,
2013 (78 FR 73555). The Draft Phase III
ERP/PEIS considered programmatic
alternatives for early restoration and
proposed 44 early restoration projects in
Phase III of early restoration consistent
with the project types included in the
proposed programmatic alternative. The
Trustees provided the public with 75
days to review and comment on the
Draft Phase III ERP/PEIS (including a
15-day extension of the original
announced 60 day comment period).
The Trustees also held public meetings
in Mobile, Alabama; Long Beach,
Mississippi; Belle Chasse, Thibodaux,
and Lake Charles, Louisiana; Port
Arthur, Galveston, and Corpus Christi,
Texas; and Pensacola, Florida to
facilitate public. The Trustees
considered the public comments
received which informed the Trustees’
analyses of programmatic alternatives
and specific early restoration projects in
the Final Phase III ERP/PEIS. A
summary of the public comments
received and the Trustees’ responses to
those comments are addressed in
Chapter 13 of the Final Phase III ERP/
PEIS.
Overview of the Phase III ERP/PEIS
The Final Phase III ERP/PEIS is being
released in accordance with the Oil
Pollution Act (OPA), the Natural
Resource Damage Assessment (NRDA)
regulations found in the Code of Federal
Regulations (CFR) at 15 CFR 990, the
National Environmental Policy Act
(NEPA) (42 U.S.C. 4321 et seq.), and the
Framework Agreement.
The Final Phase III ERP/PEIS
proposes early restoration programmatic
alternatives and evaluates the potential
environmental effects and cumulative
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32571
effects of those alternatives. The Final
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 alternatives considered 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 propose to select 44
projects as described in the Final Phase
III ERP/PEIS, totaling an estimated cost
of approximately $627 million.
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 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.
The projects proposed in Phase III are
not intended to, and do not fully
address all injuries caused by the spill
or provide the 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
In accordance with NEPA, a Federal
agency must prepare a concise public
Record of Decision (ROD) at the time the
agency makes a decision in cases
involving an EIS (40 CFR 1505.2).
Accordingly, DOI on behalf of the
Trustees, will prepare a ROD for the
Final Phase III ERP/PEIS that provides
and explains the Trustees’ decisions
regarding the selection of a
programmatic early restoration
alternative and specific early restoration
projects. The Trustees will issue the
ROD no earlier than 30 days after the
Environmental Protection Agency
publishes a notice in the Federal
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Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Notices
Register announcing the availability of
the Final Phase III ERP/PEIS (40 CFR
§ 1506.10).
Administrative Record
An Administrative Record has been
established and can be viewed
electronically at https://www.doi.gov/
deepwaterhorizon/adminrecord/
index.cfm.
Authorities
The authorities of this action are the
Oil Pollution Act of 1990 (33 U.S.C.
2701 et seq.), the implementing Natural
Resource Damage Assessment
regulations found at 15 CFR 990, NEPA,
and the Framework Agreement.
Cynthia K. Dohner,
DOl Authorized Official.
[FR Doc. 2014–12692 Filed 6–4–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–NERO–ACAD–15646; PPNEACADSO,
PPMPSPDIZ.YM0000]
National Park Service, Interior.
Meeting Notice.
AGENCY:
This notice sets forth the
dates of the next three meetings of the
Acadia National Park Advisory
Commission. The Commission meeting
locations may change based on
inclement weather or exceptional
circumstances. If a meeting location is
changed, the Superintendent will issue
a press release and use local newspapers
to announce the meeting.
DATES: The public meetings of the
Acadia National Park Advisory
Commission will be held on Monday,
September 8, 2014; Monday, February 2,
2015; and Monday, June 1, 2015.
ADDRESSES: Each meeting will be held at
the Acadia National Park headquarters
conference room, McFarland Hill, Bar
Harbor, Maine 04609.
SUMMARY:
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Agenda
Each Commission meeting will
consist of the following proposed
agenda items:
1. Committee Reports:
• Land Conservation
• Park Use
• Science and Education
• Historic
2. Old Business
3. Superintendent’s Report
4. Chairman’s Report
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14:59 Jun 04, 2014
Jkt 232001
FOR FURTHER INFORMATION CONTACT:
Superintendent Sheridan Steele, Acadia
National Park, P.O. Box 177, Bar Harbor,
Maine 04609, telephone (207) 288–8702.
SUPPLEMENTARY INFORMATION: Each
meeting is open to the public. Interested
persons may make oral or written
presentations to the Commission or file
written statements. Such requests
should be made to the Superintendent
at least seven days prior to the meeting.
Before including your address,
telephone 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 made publicly available at any
time. While you may 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.
Dated: May 27, 2014.
Alma Ripps,
Chief, Office of Policy.
[FR Doc. 2014–13063 Filed 6–4–14; 8:45 am]
BILLING CODE 4310–EE–P
Notice of Meetings of the Acadia
National Park Advisory Commission
ACTION:
5. Public Comments
6. Adjournment
mile ‘‘Area’’ designation as described in
Article IV, Paragraph 1, of the Treaty
between the United States of America
and the United Mexican States on the
delimitation of the continental shelf in
the Western Gulf of Mexico beyond 200
nautical miles, signed June 9, 2000, has
been removed from the Keathley
Canyon, Sigsbee Escarpment, and
Amery Terrace OPDs and associated
SOBDs. Other information associated
with the ‘‘Area’’ has been removed as
well. Article IV, Paragraph 1, prohibited
exploration and development in the
‘‘Area.’’ Pursuant to a Note signed by
the U.S. and Mexico on June 22, 2010,
Article IV, Paragraph 1, of the 2000
Treaty was due to expire on January 17,
2014. The expiration date was extended
by exchange of diplomatic notes on
January 17, 2014, to July 17, 2014, or
until the day the Agreement between
the United States of America and the
United Mexican States Concerning
Transboundary Hydrocarbon Reservoirs
in the Gulf of Mexico enters into force,
whichever is sooner. Due to the
upcoming expiration of Article IV,
Paragraph 1, of the Treaty, BOEM is
updating relevant OPDs and SOBDs
accordingly.
DEPARTMENT OF THE INTERIOR
Outer Continental Shelf Official
Protraction Diagrams in the Gulf of
Mexico
Bureau of Ocean Energy Management
Description/Date
[MMAA104000]
NG15–05 (Keathley Canyon)—July 1,
2013
NG15–08 (Sigsbee Escarpment)—July 1,
2013
NG15–09 (Amery Terrace)—July 1, 2013
Outer Continental Shelf Official
Protraction Diagrams and
Supplemental Official Outer
Continental Shelf Block Diagrams
Bureau of Ocean Energy
Management (BOEM), Interior.
ACTION: Availability of revised North
American Datum of 1927 (NAD 27)
Outer Continental Shelf Official
Protraction Diagrams and Supplemental
Official Outer Continental Shelf Block
Diagrams.
AGENCY:
Notice is hereby given that
effective with this publication, the
following NAD 27-based Outer
Continental Shelf (OCS) Official
Protraction Diagrams (OPDs) and
Supplemental Official OCS Block
Diagrams (SOBDs) located in the Gulf of
Mexico with revision date as indicated,
are now available. The BOEM, in
accordance with its authority and
responsibility under the Outer
Continental Shelf Lands Act, 43 USC
1331 et seq., is updating the basic record
used for the description of renewable
energy, mineral, and oil and gas lease
sales in the geographic areas they
represent. Specifically, the 1.4 nautical
SUMMARY:
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Sfmt 4703
Supplemental Official Outer
Continental Shelf Block Diagrams in
the Gulf of Mexico, All Located Within
Official Protraction Diagram NG15–05
(Keathley Canyon)
Diagrams Revised/Date/Block Numbers
Article IV ‘‘Area’’ Limit Blocks (Total
of 3)—July 1, 2013: 978, 979, 980
Supplemental Official Outer
Continental Shelf Block Diagrams in
the Gulf of Mexico, All Located Within
Official Protraction Diagram NG15–08
(Sigsbee Escarpment)
Diagrams Revised/Date/Block Numbers
Article IV ‘‘Area’’ Limit Blocks (Total
of 56)—July 1, 2013: 11, 12, 13, 14, 57,
58, 59, 60, 103, 104, 105, 106, 148, 149,
150, 151, 194, 195, 196, 239, 240, 241,
284, 285, 286, 287, 288, 289, 290, 291,
292, 293, 294, 295, 296, 297, 298, 331,
332, 333, 334, 335, 336, 337, 338, 339,
340, 341, 342, 343, 344, 345, 346, 347,
348, 349
E:\FR\FM\05JNN1.SGM
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Agencies
[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Notices]
[Pages 32570-32572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12692]
=======================================================================
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DEPARTMENT OF THE INTERIOR
[FWS-R4-FHC-2014-N088; FVHC98130406900-XXX-FF04G01000]
Deepwater Horizon Oil Spill; Final Programmatic and Phase III
Early Restoration Plan and Final Early Restoration Programmatic
Environmental Impact Statement
AGENCY: Department of the Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the
National Environmental Policy Act (NEPA), notice is hereby given that
the Federal and State natural resource trustee agencies (Trustees) have
prepared a Final Programmatic and Phase III Early Restoration Plan and
Final Early Restoration Programmatic Environmental Impact Statement
(Final Phase III ERP/PEIS). The Final Phase III ERP/PEIS considers
programmatic alternatives comprised of early restoration project types
that would restore natural resources, ecological services, and
recreational use services injured or lost as a result of the Deepwater
Horizon oil spill and related response actions. The Trustees
additionally propose to select 44 specific early restoration projects
for implementation that are consistent with the proposed preferred
early restoration program alternative. 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. The Final Phase III ERP/PEIS
evaluates these programmatic restoration alternatives and projects
under criteria set forth in the natural resource damage assessment
regulations and the Framework Agreement. The Final 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 Final Phase III ERP/PEIS.
ADDRESSES: Obtaining Documents: You may download the Final Phase III
ERP/PEIS at https://www.gulfspillrestoration.noaa.gov or https://www.doi.gov/deepwaterhorizon. You may also view the Final Phase III
ERP/PEIS at any of the public repositories listed at https://www.gulfspillrestoration.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Nanciann Regalado at nanciann_regalado@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 87 days. In addition, well over a 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
of natural resource services, 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 the Trustees have previously selected, and BP has agreed to
fund, a total of 10 early restoration projects, expected to total
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. 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
Texas Parks and Wildlife Department, Texas General Land
Office, and Texas Commission on Environmental Quality;
The Department of Defense (DOD) is also a trustee of
natural resources associated with DOD-managed land on the Gulf Coast,
which is included in the ongoing NRDA; however DOD is not a signatory
of the Framework Agreement nor a participant in this Phase III Early
Restoration Plan.
[[Page 32571]]
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. 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
resolution of the Trustees' natural resource damages claim.
The Trustees actively solicited public input on restoration project
ideas through a variety of mechanisms, including convening public
meetings, distributing electronic communications, and use of the
Trustee-wide public Web site and database to share information and
receive public project submissions. The 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 under way. The
Trustees released, after public review of a draft, a Phase I Early
Restoration Plan/Environmental Assessment (Phase I ERP/EA) in April
2012 (April 20, 2012, 77 FR 23741). 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 (78 FR
8184).
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). On
June 4, 2013, the Trustees announced their intent to prepare 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 to propose
a Phase III Early Restoration Plan to address injuries from the
Deepwater Horizon oil spill that would include the 28 early restoration
projects announced in the May 6, 2013 Federal Register notice and an
additional 16 projects. In accordance with NEPA, the Trustees conducted
scoping to identify the concerns of the affected public, Federal
agencies, States, and Indian tribes; involved the public in the
decision making process; facilitated efficient early restoration
planning and environmental review; defined the issues and alternatives
that would be examined in detail; and saved time by ensuring that draft
documents adequately addressed 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 and accepted written
comment electronically and via U.S. mail during the scoping period.
Notice of availability of the Draft Programmatic and Phase III
Early Restoration Plan and Draft Early Restoration Programmatic
Environmental Impact Statement (Draft Phase III ERP/PEIS) was published
in the Federal Register on December 6, 2013 (78 FR 73555). The Draft
Phase III ERP/PEIS considered programmatic alternatives for early
restoration and proposed 44 early restoration projects in Phase III of
early restoration consistent with the project types included in the
proposed programmatic alternative. The Trustees provided the public
with 75 days to review and comment on the Draft Phase III ERP/PEIS
(including a 15-day extension of the original announced 60 day comment
period). The Trustees also held public meetings in Mobile, Alabama;
Long Beach, Mississippi; Belle Chasse, Thibodaux, and Lake Charles,
Louisiana; Port Arthur, Galveston, and Corpus Christi, Texas; and
Pensacola, Florida to facilitate public. The Trustees considered the
public comments received which informed the Trustees' analyses of
programmatic alternatives and specific early restoration projects in
the Final Phase III ERP/PEIS. A summary of the public comments received
and the Trustees' responses to those comments are addressed in Chapter
13 of the Final Phase III ERP/PEIS.
Overview of the Phase III ERP/PEIS
The Final Phase III ERP/PEIS is being released in accordance with
the Oil Pollution Act (OPA), the Natural Resource Damage Assessment
(NRDA) regulations found in the Code of Federal Regulations (CFR) at 15
CFR 990, the National Environmental Policy Act (NEPA) (42 U.S.C. 4321
et seq.), and the Framework Agreement.
The Final Phase III ERP/PEIS proposes early restoration
programmatic alternatives and evaluates the potential environmental
effects and cumulative effects of those alternatives. The Final 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 alternatives considered 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 propose to select 44 projects as described in the
Final Phase III ERP/PEIS, totaling an estimated cost of approximately
$627 million.
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 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.
The projects proposed in Phase III are not intended to, and do not
fully address all injuries caused by the spill or provide the 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
In accordance with NEPA, a Federal agency must prepare a concise
public Record of Decision (ROD) at the time the agency makes a decision
in cases involving an EIS (40 CFR 1505.2). Accordingly, DOI on behalf
of the Trustees, will prepare a ROD for the Final Phase III ERP/PEIS
that provides and explains the Trustees' decisions regarding the
selection of a programmatic early restoration alternative and specific
early restoration projects. The Trustees will issue the ROD no earlier
than 30 days after the Environmental Protection Agency publishes a
notice in the Federal
[[Page 32572]]
Register announcing the availability of the Final Phase III ERP/PEIS
(40 CFR Sec. 1506.10).
Administrative Record
An Administrative Record has been established and can be viewed
electronically at https://www.doi.gov/deepwaterhorizon/adminrecord/index.cfm.
Authorities
The authorities of this action are the Oil Pollution Act of 1990
(33 U.S.C. 2701 et seq.), the implementing Natural Resource Damage
Assessment regulations found at 15 CFR 990, NEPA, and the Framework
Agreement.
Cynthia K. Dohner,
DOl Authorized Official.
[FR Doc. 2014-12692 Filed 6-4-14; 8:45 am]
BILLING CODE 4310-55-P