Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Draft Strategic Restoration Plan and Environmental Assessment #3: Restoration of Wetlands, Coastal and Nearshore Habitats in the Barataria Basin, Louisiana, 60377-60379 [2017-27295]
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Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE201
Notice of Availability of the Deepwater
Horizon Oil Spill Louisiana Trustee
Implementation Group Draft Strategic
Restoration Plan and Environmental
Assessment #3: Restoration of
Wetlands, Coastal and Nearshore
Habitats in the Barataria Basin,
Louisiana
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of availability.
AGENCY:
In accordance with the Oil
Pollution Act of 1990 (OPA), the
National Environmental Policy Act
(NEPA), and a Consent Decree with BP
Exploration & Production Inc. (BP), the
Deepwater Horizon Federal and State
natural resource trustee agencies for the
Louisiana Trustee Implementation
Group (Louisiana TIG) have prepared
the Draft Strategic Restoration Plan and
Environmental Assessment #3:
Restoration of Wetlands, Coastal, and
Nearshore Habitats in the Barataria
Basin, Louisiana (SRP/EA). The Draft
SRP/EA identifies a restoration strategy
that will help prioritize future decisions
regarding project selection and funding.
Rather than selecting specific projects
for construction, the Trustees evaluate a
suite of restoration techniques and
approaches, for example large-scale
diversions or marsh creation, to
determine how to best support restoring
ecosystem-level injuries in the Gulf of
Mexico through restoration in the
Barataria Basin.
The purpose of this notice is to inform
the public of the availability of the Draft
SRP/EA and to seek public comments
on the document.
DATES: The Louisiana TIG will consider
public comments received or
postmarked on or before Monday,
February 5, 2018.
Public Meetings: The Louisiana TIG
will conduct two public meetings to
provide information and seek public
input on the Draft SRP/EA:
• January 17, 2018, in conjunction
with the Coastal Protection and
Restoration Authority Board Meeting;
9:30 a.m.; Louisiana State Capitol,
House Committee Room 5; 900 North
Third Street; Baton Rouge, LA 70802.
Additional information regarding
logistics for the Public Meeting,
including the timing of the public
comment opportunity following the
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SUMMARY:
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Board Agenda, will be posted to the
Louisiana (https://la-dwh.com) and DWH
websites ((https://www.gulfspill
restoration.noaa.gov) (see ADDRESSES).
• January 24, 2018; 5:30 p.m.;
University of New Orleans; Homer Hitt
Alumni Center; 2000 Lakeshore Drive;
New Orleans, LA 70148. The meeting
will begin with an open house at 5:30
p.m. and follow with Louisiana TIG
presentation and public comment
opportunity at 6:00 p.m.
ADDRESSES: Obtaining Documents: You
may download the Draft SRP at: https://
www.gulfspillrestoration.noaa.gov,
https://www.la-dwh.com.
Alternatively, you may request a CD
of the Draft SRP/EA (see FOR FURTHER
INFORMATION CONTACT). In addition, you
may view the document at any of the
public facilities listed at https://www.gulf
spillrestoration.noaa.gov.
Submitting Comments: You may
submit comments on the Draft SRP/EA
by one of following methods:
• Via the Web: https://www.gulfspill
restoration.noaa.gov/restoration-areas/
louisiana.
• Via U.S. Mail: U.S. Fish and
Wildlife Service, P.O. Box 49567,
Atlanta, GA 30345; or Louisiana Coastal
Protection & Restoration Authority,
ATTN: Liz Williams, P.O. Box 44027,
Baton Rouge, LA 70804.
• In Person: Written and verbal
comments may be submitted at the
public meetings on January 17 and
January 24, 2018.
FOR FURTHER INFORMATION CONTACT:
• National Oceanic and Atmospheric
Administration—Mel Landry,
gulfspill.restoration@noaa.gov, (301)
427–8711.
• Louisiana—Liz Williams,
LATIGPublicComments@la.gov, (225)
342–7308.
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the mobile
offshore drilling unit Deepwater
Horizon, which was being used to drill
a well for BP in the Macondo prospect
(Mississippi Canyon 252–MC252),
exploded, caught fire, and subsequently
sank 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 maritime oil spill in United
States history, discharging millions of
barrels of oil over a period of 87 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
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60377
also was released to the environment as
a result of the spill.
The Deepwater Horizon Federal and
State natural resource trustees (DWH
Trustees) conducted the natural
resource damage assessment (NRDA) for
the Deepwater Horizon oil spill under
the Oil Pollution Act of 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 of
restoration to baseline (the resource
quality and conditions that would exist
if the spill had not occurred) is
complete.
The DWH Trustees are:
• U.S. Department of the Interior, as
represented by the National Park
Service, U.S. Fish and Wildlife Service,
and Bureau of Land Management;
• National Oceanic and Atmospheric
Administration, on behalf of the U.S.
Department of Commerce;
• U.S. Department of Agriculture;
• U.S. Environmental Protection
Agency;
• 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.
On April 4, 2016, the DWH Trustees
reached and finalized a settlement of
their natural resource damages claims
with BP in a Consent Decree approved
by the U.S. District Court for the Eastern
District of Louisiana. Pursuant to that
Consent Decree, restoration projects in
the Louisiana Restoration Area are now
chosen and managed by the Louisiana
TIG. The Louisiana TIG is comprised of
the following DWH Trustees:
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• State of Louisiana Coastal
Protection and Restoration Authority
(CPRA);
• Oil Spill Coordinator’s Office
(LOSCO);
• Department of Environmental
Quality (LDEQ);
• Department of Wildlife and
Fisheries (LDWF);
• Department of Natural Resources
(LDNR);
• U.S. Department of the Interior, as
represented by National Park Service,
U.S. Fish and Wildlife Service, and
Bureau of Land Management;
• National Oceanic and Atmospheric
Administration, on behalf of the U.S.
Department of Commerce;
• U.S. Department of Agriculture; and
• U.S. Environmental Protection
Agency.
This restoration planning activity is
proceeding in accordance with the
PDARP/PEIS. Information on the
Restoration Type considered in the Draft
SRP/EA, as well as the OPA criteria
against which alternatives were
evaluated, can be viewed in the PDARP/
PEIS (https://www.gulfspill
restoration.noaa.gov/restorationplanning/gulf-plan) and in the
Overview of the PDARP/PEIS (https://
www.gulfspillrestoration.noaa.gov/
restoration-planning/gulf-plan).
Background
On March 29, 2017, the Louisiana TIG
solicited project ideas to sustainably
create, restore, and enhance coastal
wetlands, and restore or preserve
Mississippi River processes (https://
www.gulfspillrestoration.noaa.gov/
2017/03/request-restoration-projectideas-louisiana). From that input and
review of other Louisiana restoration
planning efforts, including Louisiana’s
Coastal Master Plan and Deepwater
Horizon restoration planning efforts, the
Louisiana TIG published a notice of
intent on April 28, 2017 announcing its
initiation of strategic restoration
planning through two phases (82 FR
19659). The first phase would prepare a
strategic restoration plan for Louisiana’s
Barataria Basin. The Deepwater Horizon
spill created an ecosystem-level injury
to the Gulf of Mexico, which included
accelerated loss of critical wetlands,
coastal, and nearshore habitats as well
as injuries across all trophic levels in
the Gulf of Mexico. The most severe
losses to coastal marshes, which
represent the foundation of the Gulf of
Mexico ecosystem, were focused on the
Barataria Basin. As described in the
April 28, 2017 notice, the Louisiana TIG
has prepared this Draft SRP/EA which
focuses on wetlands, coastal, and
nearshore habitat restoration type
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projects in the Barataria Basin
restoration area. This geographic focus
is appropriate as the PDARP/PEIS found
that the Barataria Basin experienced
some of the heaviest and most persistent
oiling from the DWH spill and because
the Basin supports very high primary
and secondary production that
contributes to the overall health of the
northern Gulf of Mexico ecosystem.
Overview of the Draft SRP/EA
The Draft SRP/EA is being released in
accordance with OPA, the OPA NRDA
regulations in the Code of Federal
Regulations (CFR) at 15 CFR part 990,
and NEPA (42 U.S.C. 4321 et seq.).
The Louisiana TIG focused this SRP/
EA on two wetlands, coastal and
nearshore habitat restoration approaches
described in the PDARP/PEIS: Creating,
restoring and enhancing coastal
wetlands; and restoring and preserving
Mississippi-Atchafalaya River
processes. Within the two restoration
approaches, the PDARP/PEIS identifies
a series of potential restoration
techniques. These techniques, spanning
both restoration approaches, are as
follows (PDARP/PEIS, Appendix 5.D):
• Create or enhance coastal wetlands
through placement of dredged material;
• Backfill canals;
• Restore hydrologic connections to
enhance coastal habitats;
• Construct breakwaters; and
• Controlled river diversions.
Four project types are carried forward
for additional consideration:
• sediment diversion projects;
• large-scale marsh creation projects;
• ridge restoration projects; and
• breakwater construction projects
(also referred to as shoreline protection
projects).
After reviewing the restoration
approaches and techniques, the
Louisiana TIG identified 13 example
projects from public submissions in
response to the Notice of Solicitation
and from the 2017 Coastal Master Plan.
The Louisiana TIG then combined
restoration techniques into four strategic
restoration alternatives. With the
exception of the natural recovery/no
action alternative, each of these
alternatives meets the Draft SRP/EA’s
purpose and need ‘‘to restore the
ecosystem level injuries in Barataria
Basin and to restore, rehabilitate,
replace, or acquire the equivalent of the
injured wetlands, coastal, and nearshore
habitat resources and services and
compensate for interim losses of those
resources from the DWH oil spill.’’ The
four strategic restoration alternatives are
as follows:
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• Alternative 1: Marsh creation, ridge
restoration, and large-scale sediment
diversion;
• Alternative 2: Marsh creation, ridge
restoration, and shoreline protection;
• Alternative 3: Marsh creation and
ridge restoration; and
• Alternative 4: Natural recovery/no
action.
The Louisiana TIG is proposing two
decisions in this draft SRP/EA to restore
ecosystem-level injuries in the Gulf of
Mexico through restoration of critical
wetlands, coastal, and nearshore habitat
resources and services in the Barataria
Basin. First, the Louisiana TIG proposes
a preferred alternative that relies on a
suite of restoration techniques in the
Barataria Basin, including large-scale
sediment diversion, marsh creation, and
ridge restoration. Second, the Louisiana
TIG proposes to advance specific
projects forward for further evaluation
and planning: The Mid-Barataria
Sediment Diversion and two marsh
creation increments within Large Scale
Marsh Creation: Component E in
northern Barataria Basin. The LA TIG
also confirms its 2017 decision to move
the Spanish Pass Increment of the
Barataria Basin Ridge and Marsh
Creation project forward for further
evaluation and planning. The trustees
are not making a decision to fund these
projects for construction at this time.
Rather, the trustees will continue to
consider the selected projects in future
Phase II restoration plans including
further OPA and NEPA evaluation.
The Louisiana TIG evaluated strategic
restoration alternatives under criteria set
forth in the OPA natural resource
damage assessment regulations. The
strategic restoration alternatives are
consistent with the restoration
alternatives selected in the Deepwater
Horizon Oil Spill: Final Programmatic
Damage Assessment and Restoration
Plan/Programmatic Environmental
Impact Statement (PDARP/PEIS).
NEPA requires federal agencies to
consider the potential environmental
impacts of planned actions. NEPA
provides a mandate and framework for
federal agencies to determine if their
proposed actions have significant
environmental effects and related social
and economic effects, consider these
effects when choosing between
alternative approaches, and inform and
involve the public in the environmental
analysis and decision-making process.
This SRP/EA tiers from the PDARP/PEIS
and incorporates by reference the NEPA
environmental consequences analysis
found in Chapter 6 of the PDARP/PEIS.
The Louisiana TIG has found, based on
its evaluation in the EA portion of this
SRP/EA that: (1) The PDARP/EIS
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included a thorough evaluation of the
potential range of environmental effects
that could result from the various
restoration approaches and techniques
analyzed in the PDARP; (2) the analysis
of the environmental consequences of
those approaches and techniques in the
PDARP remains valid; (3) the effects of
the restoration approaches and
techniques, including the project
selected for further planning and
environmental review, evaluated in this
SRP/EA are within the range of impacts
evaluated in the PDARP; and (4) any
new information regarding the
environmental consequences of the
restoration approaches and techniques,
including the projects selected for
further planning and environmental
review, evaluated within this SRP/EA
are within the range of and consistent
with the environmental impacts
identified and analyzed within the
PDARP.
Next Steps
The public is encouraged to review
and comment on the Draft SRP/EA. A
public meeting has been scheduled to
also help facilitate the public review
and comment process. After the public
comment period ends, the Louisiana
TIG will consider the comments
received before issuing a Final SRP/EA.
A summary of comments received and
the Louisiana TIG’s responses and any
revisions to the document, as
appropriate, will be included in the
final document.
Administrative Record
The documents comprising the
Administrative Record for the Draft
SRP/EA can be viewed electronically at
https://www.doi.gov/deepwaterhorizon/
adminrecord.
Authority
The authority for this action is OPA
(33 U.S.C. 2701 et seq.), the OPA NRDA
regulations at 15 CFR part 990, and
NEPA (42 U.S.C. 4321 et seq.).
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Dated: December 14, 2017.
Carrie Selberg,
Deputy Director, Office of Habitat
Conservation, National Marine Fisheries
Service.
[FR Doc. 2017–27295 Filed 12–19–17; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF877
Fisheries of the Exclusive Economic
Zone Off Alaska; North Pacific Halibut
and Sablefish Individual Fishing Quota
Cost Recovery Programs
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of standard prices and
fee percentage.
AGENCY:
NMFS publishes the
individual fishing quota (IFQ) standard
prices and fee percentage for cost
recovery for the IFQ Program for the
halibut and sablefish fisheries of the
North Pacific (IFQ Program). The fee
percentage for 2017 is 2.2 percent. This
action is intended to provide holders of
halibut and sablefish IFQ permits with
the 2017 standard prices and fee
percentage to calculate the required
payment for IFQ cost recovery fees due
by January 31, 2018.
DATES: Valid on December 20, 2017.
FOR FURTHER INFORMATION CONTACT: Carl
Greene, Fee Coordinator, 907–586–7105.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
NMFS Alaska Region administers the
IFQ Program in the North Pacific. The
IFQ Program is a limited access system
authorized by the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) and the
Northern Pacific Halibut Act of 1982.
Fishing under the IFQ Program began in
March 1995. Regulations implementing
the IFQ Program are set forth at 50 CFR
part 679.
In 1996, the Magnuson-Stevens Act
was amended to, among other purposes,
require the Secretary of Commerce to
‘‘collect a fee to recover the actual costs
directly related to the management and
enforcement of any . . . individual
quota program.’’ This requirement was
further amended in 2006 to include
collection of the actual costs of data
collection, and to replace the reference
to ‘‘individual quota program’’ with a
more general reference to ‘‘limited
access privilege program’’ at section
304(d)(2)(A). Section 304(d)(2) of the
Magnuson-Stevens Act also specifies an
upper limit on these fees, when the fees
must be collected, and where the fees
must be deposited.
On March 20, 2000, NMFS published
regulations in § 679.45 implementing
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60379
cost recovery for the IFQ Program (65
FR 14919). Under the regulations, an
IFQ permit holder must pay a cost
recovery fee for every pound of IFQ
halibut and IFQ sablefish that is landed
on his or her IFQ permit(s). The IFQ
permit holder is responsible for selfcollecting the fee for all IFQ halibut and
IFQ sablefish landings on his or her
permit(s). The IFQ permit holder is also
responsible for submitting IFQ fee
payment(s) to NMFS on or before the
due date of January 31 of the year
following the year in which the IFQ
landings were made. The total dollar
amount of the fee due is determined by
multiplying the NMFS published fee
percentage by the ex-vessel value of all
IFQ landings made on the permit(s)
during the IFQ fishing year. As required
by § 679.45(d)(1) and (d)(3)(i), NMFS
publishes this notice of the fee
percentage for the halibut and sablefish
IFQ fisheries in the Federal Register
during or before the last quarter of each
year.
Standard Prices
The fee is based on the sum of all
payments made to fishermen for the sale
of the fish during the year. This
includes any retro-payments (e.g.,
bonuses, delayed partial payments,
post-season payments) made to the IFQ
permit holder for previously landed IFQ
halibut or sablefish.
For purposes of calculating IFQ cost
recovery fees, NMFS distinguishes
between two types of ex-vessel value:
Actual and standard. Actual ex-vessel
value is the amount of all compensation,
monetary or non-monetary, that an IFQ
permit holder received as payment for
his or her IFQ fish sold. Standard exvessel value is the default value used to
calculate the fee. IFQ permit holders
have the option of using actual ex-vessel
value if they can satisfactorily document
it; otherwise, the standard ex-vessel
value is used.
Section 679.45(b)(3)(iii) requires the
Regional Administrator to publish IFQ
standard prices during the last quarter
of each calendar year. These standard
prices are used, along with estimates of
IFQ halibut and IFQ sablefish landings,
to calculate standard ex-vessel values.
The standard prices are described in
U.S. dollars per IFQ equivalent pound
for IFQ halibut and IFQ sablefish
landings made during the year.
According to § 679.2, IFQ equivalent
pound(s) means the weight amount,
recorded in pounds, and calculated as
round weight for sablefish and headed
and gutted weight for halibut, for an IFQ
landing. The weight of halibut in
pounds landed as guided angler fish is
converted to IFQ equivalent pound(s) as
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]]>Agencies
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60377-60379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27295]
[[Page 60377]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE201
Notice of Availability of the Deepwater Horizon Oil Spill
Louisiana Trustee Implementation Group Draft Strategic Restoration Plan
and Environmental Assessment #3: Restoration of Wetlands, Coastal and
Nearshore Habitats in the Barataria Basin, Louisiana
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice of availability.
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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the
National Environmental Policy Act (NEPA), and a Consent Decree with BP
Exploration & Production Inc. (BP), the Deepwater Horizon Federal and
State natural resource trustee agencies for the Louisiana Trustee
Implementation Group (Louisiana TIG) have prepared the Draft Strategic
Restoration Plan and Environmental Assessment #3: Restoration of
Wetlands, Coastal, and Nearshore Habitats in the Barataria Basin,
Louisiana (SRP/EA). The Draft SRP/EA identifies a restoration strategy
that will help prioritize future decisions regarding project selection
and funding. Rather than selecting specific projects for construction,
the Trustees evaluate a suite of restoration techniques and approaches,
for example large-scale diversions or marsh creation, to determine how
to best support restoring ecosystem-level injuries in the Gulf of
Mexico through restoration in the Barataria Basin.
The purpose of this notice is to inform the public of the
availability of the Draft SRP/EA and to seek public comments on the
document.
DATES: The Louisiana TIG will consider public comments received or
postmarked on or before Monday, February 5, 2018.
Public Meetings: The Louisiana TIG will conduct two public meetings
to provide information and seek public input on the Draft SRP/EA:
January 17, 2018, in conjunction with the Coastal
Protection and Restoration Authority Board Meeting; 9:30 a.m.;
Louisiana State Capitol, House Committee Room 5; 900 North Third
Street; Baton Rouge, LA 70802. Additional information regarding
logistics for the Public Meeting, including the timing of the public
comment opportunity following the Board Agenda, will be posted to the
Louisiana (https://la-dwh.com) and DWH websites ((https://www.gulfspillrestoration.noaa.gov) (see ADDRESSES).
January 24, 2018; 5:30 p.m.; University of New Orleans;
Homer Hitt Alumni Center; 2000 Lakeshore Drive; New Orleans, LA 70148.
The meeting will begin with an open house at 5:30 p.m. and follow with
Louisiana TIG presentation and public comment opportunity at 6:00 p.m.
ADDRESSES: Obtaining Documents: You may download the Draft SRP at:
https://www.gulfspillrestoration.noaa.gov, https://www.la-dwh.com.
Alternatively, you may request a CD of the Draft SRP/EA (see FOR
FURTHER INFORMATION CONTACT). In addition, you may 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 SRP/EA by
one of following methods:
Via the Web: https://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana.
Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box
49567, Atlanta, GA 30345; or Louisiana Coastal Protection & Restoration
Authority, ATTN: Liz Williams, P.O. Box 44027, Baton Rouge, LA 70804.
In Person: Written and verbal comments may be submitted at
the public meetings on January 17 and January 24, 2018.
FOR FURTHER INFORMATION CONTACT: National Oceanic and
Atmospheric Administration--Mel Landry, [email protected],
(301) 427-8711.
Louisiana--Liz Williams, [email protected], (225)
342-7308.
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the mobile offshore drilling unit Deepwater
Horizon, which was being used to drill a well for BP in the Macondo
prospect (Mississippi Canyon 252-MC252), exploded, caught fire, and
subsequently sank 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 maritime
oil spill in United States history, discharging millions of barrels of
oil over a period of 87 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 also was released to the environment as a result of the
spill.
The Deepwater Horizon Federal and State natural resource trustees
(DWH Trustees) conducted the natural resource damage assessment (NRDA)
for the Deepwater Horizon oil spill under the Oil Pollution Act of 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 of restoration to baseline (the resource
quality and conditions that would exist if the spill had not occurred)
is complete.
The DWH Trustees are:
U.S. Department of the Interior, as represented by the
National Park Service, U.S. Fish and Wildlife Service, and Bureau of
Land Management;
National Oceanic and Atmospheric Administration, on behalf
of the U.S. Department of Commerce;
U.S. Department of Agriculture;
U.S. Environmental Protection Agency;
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.
On April 4, 2016, the DWH Trustees reached and finalized a
settlement of their natural resource damages claims with BP in a
Consent Decree approved by the U.S. District Court for the Eastern
District of Louisiana. Pursuant to that Consent Decree, restoration
projects in the Louisiana Restoration Area are now chosen and managed
by the Louisiana TIG. The Louisiana TIG is comprised of the following
DWH Trustees:
[[Page 60378]]
State of Louisiana Coastal Protection and Restoration
Authority (CPRA);
Oil Spill Coordinator's Office (LOSCO);
Department of Environmental Quality (LDEQ);
Department of Wildlife and Fisheries (LDWF);
Department of Natural Resources (LDNR);
U.S. Department of the Interior, as represented by
National Park Service, U.S. Fish and Wildlife Service, and Bureau of
Land Management;
National Oceanic and Atmospheric Administration, on behalf
of the U.S. Department of Commerce;
U.S. Department of Agriculture; and
U.S. Environmental Protection Agency.
This restoration planning activity is proceeding in accordance with
the PDARP/PEIS. Information on the Restoration Type considered in the
Draft SRP/EA, as well as the OPA criteria against which alternatives
were evaluated, can be viewed in the PDARP/PEIS (https://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan) and
in the Overview of the PDARP/PEIS (https://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan).
Background
On March 29, 2017, the Louisiana TIG solicited project ideas to
sustainably create, restore, and enhance coastal wetlands, and restore
or preserve Mississippi River processes (https://www.gulfspillrestoration.noaa.gov/2017/03/request-restoration-project-ideas-louisiana). From that input and review of other Louisiana
restoration planning efforts, including Louisiana's Coastal Master Plan
and Deepwater Horizon restoration planning efforts, the Louisiana TIG
published a notice of intent on April 28, 2017 announcing its
initiation of strategic restoration planning through two phases (82 FR
19659). The first phase would prepare a strategic restoration plan for
Louisiana's Barataria Basin. The Deepwater Horizon spill created an
ecosystem-level injury to the Gulf of Mexico, which included
accelerated loss of critical wetlands, coastal, and nearshore habitats
as well as injuries across all trophic levels in the Gulf of Mexico.
The most severe losses to coastal marshes, which represent the
foundation of the Gulf of Mexico ecosystem, were focused on the
Barataria Basin. As described in the April 28, 2017 notice, the
Louisiana TIG has prepared this Draft SRP/EA which focuses on wetlands,
coastal, and nearshore habitat restoration type projects in the
Barataria Basin restoration area. This geographic focus is appropriate
as the PDARP/PEIS found that the Barataria Basin experienced some of
the heaviest and most persistent oiling from the DWH spill and because
the Basin supports very high primary and secondary production that
contributes to the overall health of the northern Gulf of Mexico
ecosystem.
Overview of the Draft SRP/EA
The Draft SRP/EA is being released in accordance with OPA, the OPA
NRDA regulations in the Code of Federal Regulations (CFR) at 15 CFR
part 990, and NEPA (42 U.S.C. 4321 et seq.).
The Louisiana TIG focused this SRP/EA on two wetlands, coastal and
nearshore habitat restoration approaches described in the PDARP/PEIS:
Creating, restoring and enhancing coastal wetlands; and restoring and
preserving Mississippi-Atchafalaya River processes. Within the two
restoration approaches, the PDARP/PEIS identifies a series of potential
restoration techniques. These techniques, spanning both restoration
approaches, are as follows (PDARP/PEIS, Appendix 5.D):
Create or enhance coastal wetlands through placement of
dredged material;
Backfill canals;
Restore hydrologic connections to enhance coastal
habitats;
Construct breakwaters; and
Controlled river diversions.
Four project types are carried forward for additional
consideration:
sediment diversion projects;
large-scale marsh creation projects;
ridge restoration projects; and
breakwater construction projects (also referred to as
shoreline protection projects).
After reviewing the restoration approaches and techniques, the
Louisiana TIG identified 13 example projects from public submissions in
response to the Notice of Solicitation and from the 2017 Coastal Master
Plan. The Louisiana TIG then combined restoration techniques into four
strategic restoration alternatives. With the exception of the natural
recovery/no action alternative, each of these alternatives meets the
Draft SRP/EA's purpose and need ``to restore the ecosystem level
injuries in Barataria Basin and to restore, rehabilitate, replace, or
acquire the equivalent of the injured wetlands, coastal, and nearshore
habitat resources and services and compensate for interim losses of
those resources from the DWH oil spill.'' The four strategic
restoration alternatives are as follows:
Alternative 1: Marsh creation, ridge restoration, and
large-scale sediment diversion;
Alternative 2: Marsh creation, ridge restoration, and
shoreline protection;
Alternative 3: Marsh creation and ridge restoration; and
Alternative 4: Natural recovery/no action.
The Louisiana TIG is proposing two decisions in this draft SRP/EA
to restore ecosystem-level injuries in the Gulf of Mexico through
restoration of critical wetlands, coastal, and nearshore habitat
resources and services in the Barataria Basin. First, the Louisiana TIG
proposes a preferred alternative that relies on a suite of restoration
techniques in the Barataria Basin, including large-scale sediment
diversion, marsh creation, and ridge restoration. Second, the Louisiana
TIG proposes to advance specific projects forward for further
evaluation and planning: The Mid-Barataria Sediment Diversion and two
marsh creation increments within Large Scale Marsh Creation: Component
E in northern Barataria Basin. The LA TIG also confirms its 2017
decision to move the Spanish Pass Increment of the Barataria Basin
Ridge and Marsh Creation project forward for further evaluation and
planning. The trustees are not making a decision to fund these projects
for construction at this time. Rather, the trustees will continue to
consider the selected projects in future Phase II restoration plans
including further OPA and NEPA evaluation.
The Louisiana TIG evaluated strategic restoration alternatives
under criteria set forth in the OPA natural resource damage assessment
regulations. The strategic restoration alternatives are consistent with
the restoration alternatives selected in the Deepwater Horizon Oil
Spill: Final Programmatic Damage Assessment and Restoration Plan/
Programmatic Environmental Impact Statement (PDARP/PEIS).
NEPA requires federal agencies to consider the potential
environmental impacts of planned actions. NEPA provides a mandate and
framework for federal agencies to determine if their proposed actions
have significant environmental effects and related social and economic
effects, consider these effects when choosing between alternative
approaches, and inform and involve the public in the environmental
analysis and decision-making process. This SRP/EA tiers from the PDARP/
PEIS and incorporates by reference the NEPA environmental consequences
analysis found in Chapter 6 of the PDARP/PEIS. The Louisiana TIG has
found, based on its evaluation in the EA portion of this SRP/EA that:
(1) The PDARP/EIS
[[Page 60379]]
included a thorough evaluation of the potential range of environmental
effects that could result from the various restoration approaches and
techniques analyzed in the PDARP; (2) the analysis of the environmental
consequences of those approaches and techniques in the PDARP remains
valid; (3) the effects of the restoration approaches and techniques,
including the project selected for further planning and environmental
review, evaluated in this SRP/EA are within the range of impacts
evaluated in the PDARP; and (4) any new information regarding the
environmental consequences of the restoration approaches and
techniques, including the projects selected for further planning and
environmental review, evaluated within this SRP/EA are within the range
of and consistent with the environmental impacts identified and
analyzed within the PDARP.
Next Steps
The public is encouraged to review and comment on the Draft SRP/EA.
A public meeting has been scheduled to also help facilitate the public
review and comment process. After the public comment period ends, the
Louisiana TIG will consider the comments received before issuing a
Final SRP/EA. A summary of comments received and the Louisiana TIG's
responses and any revisions to the document, as appropriate, will be
included in the final document.
Administrative Record
The documents comprising the Administrative Record for the Draft
SRP/EA can be viewed electronically at https://www.doi.gov/deepwaterhorizon/adminrecord.
Authority
The authority for this action is OPA (33 U.S.C. 2701 et seq.), the
OPA NRDA regulations at 15 CFR part 990, and NEPA (42 U.S.C. 4321 et
seq.).
Dated: December 14, 2017.
Carrie Selberg,
Deputy Director, Office of Habitat Conservation, National Marine
Fisheries Service.
[FR Doc. 2017-27295 Filed 12-19-17; 8:45 am]
BILLING CODE 3510-22-P
