Deepwater Horizon Oil Spill; Final Programmatic and Phase III Early Restoration Plan and Final Early Restoration Programmatic Environmental Impact Statement, 36328-36330 [2014-14952]
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36328
Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Notices
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2014–0205]
National Preparedness for Response
Exercise Program—Cycle Change
Coast Guard, DHS.
Notice and request for
comments.
AGENCY:
ACTION:
The Coast Guard announces
that it is changing from a three-year to
a four-year cycle for conducting
National Preparedness for Response
Exercise Program (PREP) area exercises.
The changes are intended to promote
the Coast Guard’s maritime safety and
stewardship missions.
DATES: Comments must be submitted to
the online docket via https://
www.regulations.gov, or reach the
Docket Management Facility, on or
before September 5, 2014.
ADDRESSES: Submit any comments using
one of these methods:
Online—https://www.regulations.gov
following Web site instructions.
Fax—202–493–2251.
Mail or hand deliver—Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Hours for
hand delivery are 9 a.m. to 5 p.m.,
Monday through Friday, except Federal
holidays (telephone 202–366–9329).
FOR FURTHER INFORMATION CONTACT: For
information about this document call or
email LCDR Jerry Butwid, Coast Guard;
telephone 202–372–2263; email
jerry.d.butwid@uscg.mil. For
information about viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone 202–366–9826,
toll free 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Discussion
Coast Guard units manage risk by
leveraging opportunities to exercise
with public, government, and industry
stakeholders. Under 33 U.S.C. 1321(j),
the Coast Guard has been required since
1990 to periodically conduct oil spill
response exercises to ensure that
personnel and equipment are ready to
respond to oil spills. The schedule for
these exercises is largely determined by
the Coast Guard but maintained by the
National Schedule Coordination
Committee (NSCC), which comprises
representatives from the Coast Guard,
the Environmental Protection Agency,
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the Department of Transportation’s
Pipeline and Hazardous Materials Safety
Administration, and the Department of
the Interior’s Bureau of Safety and
Environmental Enforcement (BSEE).
Exercises are held in partnership with
NSCC agencies and with private
industry. Although the statute does not
specify how often these exercises must
be held, it has been Coast Guard
practice since 1994 to hold area
exercises once in every three years
according to the PREP Guidelines in
each of the Coast Guard’s 42 Captain of
the Port (COTP) zones and in each of the
Environmental Protection Agency’s 10
Regions. We have decided to extend the
area exercise cycle to four years. This
will ensure that exercises focus on
quality, not quantity, by providing
exercise coordinators sufficient time to
process and implement area exercise
lessons learned and best practices into
the preparedness cycle.
On March 25, 2014, BSEE published
a notice 1 on behalf of the NSCC,
requesting public comments on the
NSCC’s latest draft PREP Guidelines
update. The notice specifically stated
that area exercises follow a three year
cycle. We noted the possibility of
changing to a four year cycle when we
met with our NSCC partners at the
NSCC’s January 2014 meeting, and the
NSCC agreed that BSEE would make no
mention of a cycle change in its notice
unless we first reached our decision on
whether to proceed with the change. We
did not reach our decision prior to
March 18, when BSEE’s notice was
signed. The draft PREP Guidelines
update to which that notice refers will
be updated to reflect the new four year
cycle.
For the next four fiscal years,
beginning October 1, 2014, the start of
Fiscal Year 2015, the PREP area exercise
schedule will be:
2015: Industry-led exercises in
Sectors Delaware Bay, San Juan, Mobile
Guam, and Juneau; government-led
exercises in Sectors Hampton Roads,
New Orleans, and Buffalo.
2016: Industry-led exercises in Marine
Safety Units Savannah, Duluth, and
Valdez, and in Sectors Key West,
Corpus Christi, Los Angeles/Long Beach
(South), San Francisco, and Columbia
River; government-led exercises in
Sectors New York and Jacksonville.
2017: Industry-led exercises in MSU
Port Arthur and in Sectors Northern
New England, Charleston, Lake
Michigan, and Puget Sound;
government-led exercises in MSU
Morgan City and in Sectors Boston,
Baltimore, and Long Island Sound.
1 79
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2018: Industry-led exercises in
Sectors Southeastern New England, St.
Petersburg, Houston-Galveston, Sault St.
Marie, San Diego, Los Angeles/Long
Beach (North), and Anchorage;
government-led exercises in Sectors
North Carolina, Miami, Detroit, and
Honolulu.
This notice is issued under authority
of 5 U.S.C. 552(a).
Dated: May 29, 2014
P.J. Brown,
Rear Admiral, U.S. Coast Guard Assistant
Commandant for Response Policy.
[FR Doc. 2014–14906 Filed 6–25–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
[FWS–R4–FHC–2014–N121;
FVHC98130406900–XXX–FF04G01000]
Deepwater Horizon Oil Spill; Final
Programmatic and Phase III Early
Restoration Plan and Final Early
Restoration Programmatic
Environmental Impact Statement
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 Deepwater Horizon natural
resource trustee agencies and the State
Deepwater Horizon natural resource
trustee agencies for Louisiana,
Mississippi, Alabama, and Florida
(Participating 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, or Plan). This notice
announces the availability of the Final
Phase III ERP/PEIS. The Texas natural
resource trustee agencies are not joining
in the issuance of the Final Phase III
ERP/PEIS at this time.
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
Participating Trustees additionally
propose to select 44 specific early
restoration projects for implementation
that are consistent with the proposed
preferred early restoration program
alternative. The Participating Trustees
have developed restoration alternatives
and projects to utilize funds for early
restoration being provided under the
SUMMARY:
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
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, 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,
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16:51 Jun 25, 2014
Jkt 232001
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 Deepwater Horizon Trustees
currently 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, which are not
joining in the issuance of this Final
Phase III ERP/PEIS at this time;
• 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.
Background
On April 20, 2011, BP agreed to
provide up to $1 billion toward early
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Fmt 4703
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36329
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) on 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 (78 FR 33431), 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
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36330
Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
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 participation. The
Participating Trustees considered the
public comments received, which
informed the Participating 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 Participating Trustees’
responses to those comments are
addressed in Chapter 13 of the Final
Phase III ERP/PEIS.
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 Participating 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
Participating 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 Participating
Trustees anticipate that additional early
restoration projects will be proposed in
the future as the early restoration
process continues.
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 part 990,
and the National Environmental Policy
Act (NEPA) (42 U.S.C. 4321 et seq.).
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
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). The
ROD for the Final Phase III ERP/PEIS
would provide and explain 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
Register announcing the availability of
the Final Phase III ERP/PEIS (40 CFR
§ 1506.10).
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16:51 Jun 25, 2014
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Next Steps
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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,
DOI Authorized Official.
[FR Doc. 2014–14952 Filed 6–25–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. FWS–R9–ES–2011–0104;
120206102–4517–02; 4500030114]
RIN 1018–AX87; 0648–BB82
Policy Regarding Implementation of
Section 4(b)(2) of the Endangered
Species Act
Fish and Wildlife Service,
Interior; National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice; extension of comment
period.
AGENCIES:
We, the U.S. Fish and
Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS)
(collectively referred to as the
‘‘Services’’ or ‘‘we’’), announce the
extension of the public comment period
on our May 12, 2014, draft policy
regarding implementation of section
4(b)(2) of the Endangered Species Act.
Comments previously submitted need
not be resubmitted, as they will be fully
considered in preparation of the final
policy.
SUMMARY:
We will accept comments from
all interested parties until October 9,
2014. Please note that if you are using
the Federal eRulemaking Portal (see
ADDRESSES section, below), the deadline
for submitting an electronic comment is
11:59 p.m. Eastern Time on this date.
ADDRESSES: You may submit comments
by one of the following methods:
DATES:
E:\FR\FM\26JNN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Notices]
[Pages 36328-36330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14952]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
[FWS-R4-FHC-2014-N121; FVHC98130406900-XXX-FF04G01000]
Deepwater Horizon Oil Spill; Final Programmatic and Phase III
Early Restoration Plan and Final Early Restoration Programmatic
Environmental Impact Statement
AGENCY: 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 Deepwater Horizon natural resource trustee agencies and the
State Deepwater Horizon natural resource trustee agencies for
Louisiana, Mississippi, Alabama, and Florida (Participating 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, or Plan). This notice announces the
availability of the Final Phase III ERP/PEIS. The Texas natural
resource trustee agencies are not joining in the issuance of the Final
Phase III ERP/PEIS at this time.
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 Participating Trustees additionally propose to
select 44 specific early restoration projects for implementation that
are consistent with the proposed preferred early restoration program
alternative. The Participating Trustees have developed restoration
alternatives and projects to utilize funds for early restoration being
provided under the
[[Page 36329]]
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, 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 Deepwater Horizon Trustees currently 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, which are not
joining in the issuance of this Final Phase III ERP/PEIS at this time;
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.
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) on 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 (78 FR 33431), 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
[[Page 36330]]
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 participation. The
Participating Trustees considered the public comments received, which
informed the Participating 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
Participating 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 part 990, and the National Environmental Policy Act (NEPA) (42
U.S.C. 4321 et seq.).
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 Participating 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
Participating 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
Participating 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). The ROD for the Final Phase
III ERP/PEIS would provide and explain 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 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,
DOI Authorized Official.
[FR Doc. 2014-14952 Filed 6-25-14; 8:45 am]
BILLING CODE 4310-55-P
