Notice of Availability; Florida Trustee Implementation Group Deepwater Horizon, 51858-51860 [2017-24197]

Agencies

• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51858-51860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24197]


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DEPARTMENT OF THE INTERIOR

[FWS-R4-ES-2017-N156; FVHC98220410150-XXX-FF04G01000]


Notice of Availability; Florida Trustee Implementation Group 
Deepwater Horizon Oil Spill Draft Phase V.2 Restoration Plan and 
Supplemental Environmental Assessment; Florida Coastal Access Project

AGENCY: Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: In accordance with the Oil Pollution Act of 1990, the National 
Environmental Policy Act, the Deepwater Horizon Oil Spill Final 
Programmatic Damage Assessment and Restoration Plan and Final 
Programmatic Environmental Impact Statement (Final PDARP/PEIS), and the 
resulting Consent Decree, the Federal and State natural resource 
trustee agencies for the Florida Trustee Implementation Group (Florida 
TIG) have prepared a Draft Phase V.2 Restoration Plan and Supplemental 
Environmental Assessment (Draft Phase V.2 RP/SEA). The Draft Phase V.2 
RP/SEA supplements the 2016 Final Phase V Early Restoration Plan and 
Environmental Assessment (Final Phase V ERP/EA) and describes and 
proposes the second phase of the Florida Coastal Access Project 
intended to continue the process of restoring natural resources and 
services injured or lost as a result of the Deepwater Horizon oil 
spill, which occurred on or about April 20, 2010, in the Gulf of 
Mexico.

DATES: The Florida TIG will consider public comments received on or 
before December 8, 2017.
    Public Meeting: The Florida TIG has scheduled a public meeting to 
facilitate public review and comment on the Draft Phase V.2 RP/SEA. 
Both written and verbal comments will be taken at the public meeting. 
The Florida TIG will hold an open house followed by a public meeting. 
The public meeting will include a presentation of the Draft Phase V.2 
RP/SEA. The public meeting schedule is as follows:

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            Date                      Time                Location
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November 16, 2017...........  5:30 to 6:30 p.m.:    Robert M. Moore
                               Open house--6:30 to   Administration
                               8:00 p.m.: Public     Building, 1000
                               meeting               Cecil G. Costin Sr.
                               (presentations and    Blvd., Port St.
                               discussion).          Joe, FL 32456.
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ADDRESSES: Obtaining Documents: You may download the Draft Phase V.2 
RP/SEA at any of the following sites:
     https://www.gulfspillrestoration.noaa.gov.
     https://www.doi.gov/deepwaterhorizon.
     https://dep.state.fl.us/deepwaterhorizon/default.htm.
    Alternatively, you may request a CD of the Draft Phase V.2 RP/SEA 
(see FOR

[[Page 51859]]

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 V.2 
RP/SEA by one of following methods:
     Via the Web: https://www.gulfspillrestoration.noaa.gov.
     Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 
49567, Atlanta, GA 30345.
    In order to be considered, mailed comments must be postmarked on or 
before the comment deadline given in the DATES section of this notice.
     In Person: Written and oral comments may be submitted at 
the public meeting on November 16, 2017 (see Public Availability of 
Comments below).

FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at 404-679-4161, or 
email 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 off shore oil spill in U.S. history, discharging millions of 
barrels of oil over a period of 87 days. In addition, well over 1 
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 Trustees conducted the natural resource damage assessment 
(NRDA) for the Deepwater Horizon oil spill under OPA. Pursuant to OPA 
(OPA; 33 U.S.C. 2701 et seq.), 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 of restoration to baseline (the resource 
quality and conditions that would exist if the spill had not occurred) 
is complete.
    The Deepwater Horizon 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 (EPA);
     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
     State of Texas: Texas Parks and Wildlife Department, Texas 
General Land Office, and Texas Commission on Environmental Quality.
    Upon completion of the NRDA, the Trustees reached and finalized a 
settlement of their natural resource damage claims with BP in an April 
4, 2016, Consent Decree approved by the United States District Court 
for the Eastern District of Louisiana. Pursuant to that Consent Decree, 
restoration projects in the Florida Restoration Area are now chosen and 
managed by the Florida TIG. The Florida TIG is composed of the 
following six Trustees: State of Florida Department of Environmental 
Protection and Fish and Wildlife Conservation Commission; DOI; NOAA; 
EPA; and USDA.

Background

    In the 2011 Framework Agreement for Early Restoration Addressing 
Injuries Resulting from the Deepwater Horizon Oil Spill (Framework 
Agreement), BP agreed to provide to the Trustees 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 represented a preliminary step toward 
the restoration of injured natural resources and was intended to 
expedite the start of restoration in the Gulf in advance of the 
completion of the injury assessment process. Early restoration was not 
intended to and did not fully address all injuries caused by the 
Deepwater Horizon oil spill.
    In the five phases of the early restoration process, the Trustees 
selected, and BP agreed to fund, a total of 65 early restoration 
projects expected to cost a total of approximately $877 million. The 
Trustees selected these projects after public notice, public meetings, 
and consideration of public comments, through the Phase I Early 
Restoration Plan/Environmental Assessment (Phase I ERP/EA), Phase II 
Early Restoration Plan/Environmental Review (Phase II ERP/ER), Phase 
III ERP/PEIS, Phase IV Early Restoration Plan/Environment Assessments 
(Phase IV ERP/EA), and Phase V ERP/EA. These plans are available at: 
https://www.doi.gov/deepwaterhorizon.
    The April 4, 2016, Consent Decree terminated and replaced the 
Framework Agreement and provided that the Trustees shall use remaining 
early restoration funds as specified in the early restoration plans and 
in accordance with the Consent Decree. The Trustees have determined 
that decisions concerning any unexpended early restoration funds are to 
be made by the appropriate Trustee Implementation Group for that 
project.

Overview of the Draft Phase V.2 RP/SEA

    In the Final Phase V ERP/EA, the Deepwater Horizon State and 
Federal natural resource trustees (Trustees) evaluated and selected the 
first phase of the Florida Coastal Access Project. The Final Phase V 
ERP/EA provided that the Florida Coastal Access Project would proceed 
in phases, and that these future phases would consist of similar 
restoration activities to be identified and selected by the Trustees in 
the same manner and using the same criteria as described in the Final 
Phase V ERP/EA, in accordance with OPA, NEPA, and other applicable 
laws, and after public review of the proposed activities.
    The proposed second phase of the Florida Coastal Access Project is 
consistent with the early restoration program alternatives selected in 
the Final Phase III Early Restoration Plan/Programmatic Environmental 
Impact Statement (Final Phase III ERP/PEIS) and the Final PDARP/PEIS. 
The purpose of this notice is to inform the public of the availability 
of the Draft Phase V.2 RP/SEA and to seek public comments on the 
proposed second phase of the Florida Coastal Access Project and 
supporting analysis.
    The Draft Phase V.2 RP/SEA is being released in accordance with 
OPA, NRDA regulations found in the Code of Federal Regulations (CFR) at 
15 CFR

[[Page 51860]]

part 990, NEPA, the Consent Decree, the Final PDARP/PEIS, the Phase III 
ERP/PEIS and the Phase V ERP/EA.
    The Florida TIG is considering the second phase of the Florida 
Coastal Access Project in the Draft Phase V.2 RP/SEA to address lost 
recreational opportunities in Florida caused by the Deepwater Horizon 
oil spill. In the Draft Phase V.2 RP/SEA, the Florida TIG proposes one 
preferred alternative, the Salinas Park Addition, which involves the 
acquisition and enhancement of a 6.6-acre coastal parcel. The Florida 
Coastal Access Project was allocated approximately $45.4 million in 
early restoration funds, and the Salinas Park Addition would cost 
approximately $3.1 million of the $6.4 million remaining funds not 
utilized in the first phase of the Florida Coastal Access Project. The 
Florida TIG also considered two additional land acquisition and 
improvement alternatives, as well as the no action alternative in the 
Draft Phase V.2 RP/SEA. One or more alternatives may be selected for 
implementation by the Florida TIG in the Final Phase V.2 RP/SEA or in 
future restoration plans. Details on the proposed second phase of the 
Florida Coastal Access Project are provided in the Draft Phase V.2 RP/
SEA.
    The proposed second phase of the Florida Coastal Access Project is 
intended to continue the process of using restoration funding to 
restore natural resources, ecological services, and recreational use 
services injured or lost as a result of the Deepwater Horizon oil 
spill. Additional restoration planning for the Florida Restoration Area 
will continue.

Next Steps

    As described above, a public meeting is scheduled to facilitate the 
public review and comment process on the Draft Phase V.2 RP/SEA. After 
the public comment period ends, the Florida TIG will consider and 
address the comments received before issuing a final Phase V.2 RP/SEA.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Administrative Record

    The documents comprising the Administrative Record for the Draft 
Phase V.2 RP/SEA can be viewed electronically at https://www.doi.gov/deepwaterhorizon/administrativerecord.

Authority

    The authority of this action is the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.) and its implementing Natural Resource Damage 
Assessment regulations found at 15 CFR part 990 and the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

Kevin D. Reynolds,
Designated Department of the Interior Natural Resource Trustee 
Official.
[FR Doc. 2017-24197 Filed 11-7-17; 8:45 am]
 BILLING CODE 4333-15-P