Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Draft Phase II Restoration Plan and Environmental Assessment #3.3: Large-Scale Barataria Marsh Creation: Upper Barataria Component, 16081-16083 [2020-05740]
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Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Next Steps
The public is encouraged to review
and comment on the Draft RP/EA #5. A
public webinar to facilitate the public
review and comment process, is
scheduled for April 8, 2020. After the
public comment period ends, the
Louisiana TIG will consider and address
comments received before issuing a
Final RP/EA #5. 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 RP/
EA #5 can be viewed electronically at
https://www.doi.gov/deepwaterhorizon/
adminrecord.
Authority
The authority of this action is the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et
seq.) and its implementing Oil Pollution
Act 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.).
Dated: March 13, 2020.
Carrie Selberg,
Director, Office of Habitat Conservation,
National Marine Fisheries Service.
[FR Doc. 2020–05725 Filed 3–19–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XV178]
Notice of Availability of the Deepwater
Horizon Oil Spill Louisiana Trustee
Implementation Group Draft Phase II
Restoration Plan and Environmental
Assessment #3.3: Large-Scale
Barataria Marsh Creation: Upper
Barataria Component
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of availability; request
for comments.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
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),1 the
1 Consent Decree among Defendant BP
Exploration & Production Inc. (‘‘BPXP’’), the United
States of America, and the States of Alabama,
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Deepwater Horizon Federal natural
resource trustee agencies for the
Louisiana Trustee Implementation
Group (Louisiana TIG) have prepared a
Draft Phase II Restoration Plan 3.3 and
Environmental Assessment (Draft RP/
EA #3.3). The Draft RP/EA #3.3
describes and proposes restoration
project alternatives considered by the
Louisiana TIG to restore natural
resources and ecological services
injured or lost as a result of the
Deepwater Horizon oil spill. The
Louisiana TIG evaluated these
alternatives under criteria set forth in
the OPA natural resource damage
assessment regulations, and also
evaluated the environmental
consequences of the restoration
alternatives in accordance with NEPA.
The purpose of this notice is to inform
the public of the availability of the Draft
RP/EA #3.3 and to seek public
comments on the document.
DATES: The Louisiana TIG will consider
public comments received on or before
April 20, 2020.
Public Webinar: The Louisiana TIG
will conduct a public webinar on April
2, 2020 at 4:00 Central. The public may
register for the webinar at https://
attendee.gotowebinar.com/register/
851376447936188428. After registering,
participants will receive a confirmation
email with instructions for joining the
webinar. The webinar will include a
presentation of the Draft RP/EA #3.3
and opportunity for public comment.
The presentation slides will be posted
on the web shortly after the webinar is
completed. Comments will also be taken
through submission online or through
U.S. mail (see Submitting Comments
below).
ADDRESSES: Obtaining Documents: You
may download the Draft RP/EA #3.3 at:
https://
www.gulfspillrestoration.noaa.gov/
restoration-areas/louisiana.
Alternatively, you may request a CD of
the Draft RP/EA #3.3 (see FOR FURTHER
INFORMATION CONTACT below). Also, you
may view the document at any of the
public facilities listed in Appendix A of
the Draft RP/EA #3.3.
Submitting Comments: You may
submit comments on the Draft RP/EA
#3.3 by one of the 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 29649,
Florida, Louisiana, Mississippi, and Texas entered
in In re: Oil Spill by the Oil Rig ‘‘Deepwater
Horizon’’ in the Gulf of Mexico, on April 20, 2010,
MDL No. 2179 in the United States District Court
for the Eastern District of Louisiana.
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16081
Atlanta, GA 30345. Please note that
mailed comments must be postmarked
on or before the comment deadline of 30
days following publication of this notice
to be considered; or
• During the public webinar:
Comments may be provided in writing
online during the webinar. Webinar
information is provided above in DATES.
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.
FOR FURTHER INFORMATION CONTACT:
National Oceanic and Atmospheric
Administration—Mel Landry, NOAA
Restoration Center, 225–425–0583,
mel.landry@noaa.gov.
SUPPLEMENTARY INFORMATION:
Introduction
On 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 one
million gallons of dispersants were
applied to the waters of the spill area in
an attempt to disperse the spilled oil.
An undetermined amount of natural gas
was also released into the environment
as a result of the spill.
The Deepwater Horizon Federal and
State natural resource trustees (DWH
Trustees) conducted the natural
resource damage assessment (NRDA) for
the Deepwater Horizon oil spill under
OPA (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
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Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
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.
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 Louisiana Restoration
Area are now selected and implemented
by the Louisiana TIG. The Louisiana
TIG is composed of the following
Federal Trustees: NOAA; DOI; EPA; and
USDA.
This restoration planning activity is
proceeding in accordance with the
PDARP/PEIS. Information on the
Restoration Type being considered in
the Draft RP/EA #3.3, as well as the
OPA criteria against which project ideas
are being 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 20, 2018, the Louisiana TIG
completed its Strategic Restoration Plan
and Environmental Assessment #3:
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Restoration of Wetlands, Coastal, and
Nearshore Habitats in the Barataria
Basin, Louisiana (SRP/EA #3). In
addition to identifying a restoration
strategy for the Barataria Basin and
confirming its 2018 decision to move
forward the Spanish Pass Increment of
the Barataria Basin Ridge and Marsh
Creation project, the SRP/EA also
advanced the Mid-Barataria Sediment
Diversion and Large Scale Marsh
Creation: Component E in northern
Barataria Basin for further evaluation
and planning in a future Phase II
restoration plan. After approval of the
SRP/EA #3, engineering and design
(E&D) was initiated for the Large Scale
Marsh Creation: Component E. A
portion of that project, now identified as
Large Scale Barataria Marsh Creation:
Upper Barataria Component, is now at
a stage of E&D where NEPA analyses
can be conducted on the design
alternatives. Therefore, tiering from the
SRP/EA #3, the Louisiana TIG is
proposing in RP/EA #3.3
implementation of the Large-Scale
Barataria Marsh Creation: Upper
Barataria Component Restoration
project.
Overview of the Louisiana TIG Draft
RP/EA #3.3
The Draft RP/EA #3.3 is being
released in accordance with OPA NRDA
regulations in the Code of Federal
Regulations (CFR) at 15 CFR part 990,
NEPA (42 U.S.C. 4321 et seq.), the
Consent Decree, and the Final PDARP/
PEIS. The Draft RP/EA #3.3 focuses on
an area (‘‘the Project Area’’) in the upper
Barataria Basin, 15 miles (24 km) south
of New Orleans, in Jefferson and
Plaquemines Parishes, Louisiana, from
approximately 5.4 miles (8.7km) west of
the Mississippi River to the Mississippi
River between river miles (RM) 64 and
67. In the Draft RP/EA #3.3, the
Louisiana TIG proposes a preferred
design alternative for the Large-Scale
Marsh Creation Project: Component E in
Upper Barataria, to be funded under the
DWH Louisiana Restoration Area
Wetlands, Coastal and Nearshore
Habitats restoration type allocation.
Three alternatives and the No Action
alternative are analyzed in detail. The
preferred alternative would include
filling of a combination of marsh
creation areas (MCAs) for the creation of
approximately 1,207 acres (12.1 km2) of
intertidal marsh platform with a design
life of 20 years. A total of approximately
10.6 million cubic yards (MCY) of fill
(sediment), comprising 8.4 MCY of
currently available material to be
dredged from the borrow areas and an
additional 2.2 MCY expected to
accumulate at the borrow areas during
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the construction time frame. This
alternative would require a single
construction mobilization and has an
estimated time frame of 26 months for
an estimated total project cost of
approximately $172 million, inclusive
of Phase I design, construction,
contingency, project management, and
monitoring & adaptive management.
Alternative 2 (Non-preferred). This
alternative would include filling a
combination of MCAs for the creation of
approximately 944 acres (3.8 km2) of
intertidal marsh platform (fewer MCAs
than Alternative 1) for a project lifetime
of 20 years. Approximately 8.4 MCY of
sediment (currently available) would be
immediately available for use from the
proposed borrow areas. Project
construction time is an estimated 24
months and would require a single
construction mobilization for an
estimated cost of approximately $126
million.
Alternative 3 (Non-preferred). This
alternative would include filling a
combination of MCAs for the creation of
approximately 1,792 acres (7.3 km2) of
intertidal marsh platform (more acres
than Alternative 1) for a project lifetime
of 20 years. Approximately 13.8 MCY of
sediment would be needed, which
could require waiting for an additional
5.42 MCY of sediment to accumulate at
the proposed borrow areas. This
alternative would require two
mobilizations with an anticipated
project construction time of 2 to 3 years
for an estimated cost of approximately
$201 million.
No Action Alternative (Nonpreferred). Under this alternative, the
proposed project would not be
constructed with the current funding.
The Louisiana TIG has examined the
injuries assessed by the DWH Trustees
and evaluated restoration alternatives to
address the injuries. In Draft RP/EA
#3.3, the Louisiana TIG presents to the
public its draft plan for providing
partial compensation to the public for
injured natural resources and ecological
services in the Louisiana Restoration
Area. The proposed alternative is
intended to continue the process of
using DWH restoration funding to
restore natural resources injured or lost
as a result of the Deepwater Horizon oil
spill. Additional restoration planning
for the Louisiana Restoration Area will
continue.
Next Steps
The public is encouraged to review
and comment on the Draft RP/EA #3.3.
A public webinar is scheduled to
facilitate the public review and
comment process. After the public
comment period ends, the Louisiana
E:\FR\FM\20MRN1.SGM
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Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
TIG will consider and address the
comments received before issuing a
Final RP/EA #3.3. 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 RP/
EA #3.3 can be viewed electronically at
https://www.doi.gov/deepwaterhorizon/
adminrecord.
Authority
The authority of this action is the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et
seq.) and its implementing Oil Pollution
Act 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.).
Dated: March 16, 2020.
Carrie Selberg,
Director, Office of Habitat Conservation,
National Marine Fisheries Service.
[FR Doc. 2020–05740 Filed 3–19–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
jbell on DSKJLSW7X2PROD with NOTICES
Submission for OMB Review;
Comment Request; Statement of
Financial Interests, Regional Fishery
Management Councils
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35), on or after
the date of publication of this notice.
The public is invited to submit
comments on this request.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0694–0192.
FOR FURTHER INFORMATION CONTACT:
Copies of this submission may be
obtained from Adrienne Thomas, PRA
Officer, NOAA, 151 Patton Avenue,
VerDate Sep<11>2014
19:01 Mar 19, 2020
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Room 159, Asheville, NC 28801 or
viewing the entire information
collection request at www.reginfo.gov.
SUPPLEMENTARY INFORMATION: Comments
are invited on: (1) Whether the
collection of information is necessary
for the proper performance of the
functions of the Department, including
whether the information will have
practical utility; (2) if the information
will be processed and used in a timely
manner; (3) the accuracy of the agency’s
estimates of the burden and cost of the
collection of information, including the
validity of the methodology and
assumptions used; (4) ways to enhance
the quality, utility and clarity of the
information collection; and (5) ways to
minimize the burden of the collection of
information on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Statement of Financial Interests,
Regional Fishery Management Councils.
OMB Control Number: 0648–0192.
Form Number(s): NOAA 88–195.
Type of Request: Regular (revision
and extension of a currently approved
information collection).
Number of Respondents: 330.
Average Hours per Response: 45
minutes.
Burden Hours: 248 hours.
Needs and Uses: This request is for
revision and extension of a current
information collection. The Magnuson
Stevens Fishery Conservation and
Management Act (Magnuson Stevens
Act) authorizes the establishment of
Regional Fishery Management Councils
to exercise sound judgment in the
stewardship of fishery resources
through the preparation, monitoring,
and revision of such fishery
management plans under circumstances
(a) which will enable the States, the
fishing industry, consumers,
environmental organizations, and other
interested persons to participate in the
development of such plans, and (b)
which take into account the social and
economic needs of fishermen and
dependent communities. Section 302(j)
of the Magnuson Stevens Act requires
that Council members appointed by the
Secretary, Scientific and Statistical
Committee (SSC) members appointed by
a Council under Section 302(g)(1), or
individuals nominated by the Governor
of a State for possible appointment as a
Council member, disclose their financial
interest in any Council fishery. These
interests include any harvesting,
processing, lobbying, advocacy, or
marketing activity that is being, or will
PO 00000
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16083
be, undertaken within any fishery over
which the Council concerned has
jurisdiction, or with respect to an
individual or organization with a
financial interest in such activity. The
authority to require this information and
reporting and filing requirements has
not changed. The Secretary is required
to submit an annual report to Congress
on action taken by the Secretary and the
Councils to implement the disclosure of
financial interest and recusal
requirements, including identification
of any conflict of interest problems with
respect to the Councils and SSCs and
recommendations for addressing any
such problems.
The Act further provides that a
member shall not vote on a Council
decision that would have a significant
and predictable effect on a financial
interest if there is a close causal link
between the Council decision and an
expected and substantially
disproportionate benefit to the financial
interest of the affected individual
relative to the financial interest of other
participants in the same gear type or
sector of the fishery. However, an
affected individual who is declared
ineligible to vote on a Council action
may participate in Council deliberations
relating to the decision after notifying
the Council of his/her recusal and
identifying the financial interest that
would be affected. The form has been
revised to increase clarity for the
respondents; NOAA Fisheries is making
minor revisions to the form by adding
clearer instructions and clarifying some
of the questions asked to ensure the
questions are consistent with the
regulatory requirements. Revisions will
also include a specific check box to
indicate that a Council nominee, and
not a member, is completing the form.
No new information is being requested.
Affected Public: Individuals or
households.
Frequency: Annually or updated as
needed.
Respondent’s Obligation: Mandatory.
Legal Authority: Section 302(j) of the
Magnuson-Stevens Act.
Dated: March 17, 2020.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2020–05855 Filed 3–19–20; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Pages 16081-16083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05740]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XV178]
Notice of Availability of the Deepwater Horizon Oil Spill
Louisiana Trustee Implementation Group Draft Phase II Restoration Plan
and Environmental Assessment #3.3: Large-Scale Barataria Marsh
Creation: Upper Barataria Component
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
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),\1\ the Deepwater Horizon Federal
natural resource trustee agencies for the Louisiana Trustee
Implementation Group (Louisiana TIG) have prepared a Draft Phase II
Restoration Plan 3.3 and Environmental Assessment (Draft RP/EA #3.3).
The Draft RP/EA #3.3 describes and proposes restoration project
alternatives considered by the Louisiana TIG to restore natural
resources and ecological services injured or lost as a result of the
Deepwater Horizon oil spill. The Louisiana TIG evaluated these
alternatives under criteria set forth in the OPA natural resource
damage assessment regulations, and also evaluated the environmental
consequences of the restoration alternatives in accordance with NEPA.
The purpose of this notice is to inform the public of the availability
of the Draft RP/EA #3.3 and to seek public comments on the document.
---------------------------------------------------------------------------
\1\ Consent Decree among Defendant BP Exploration & Production
Inc. (``BPXP''), the United States of America, and the States of
Alabama, Florida, Louisiana, Mississippi, and Texas entered in In
re: Oil Spill by the Oil Rig ``Deepwater Horizon'' in the Gulf of
Mexico, on April 20, 2010, MDL No. 2179 in the United States
District Court for the Eastern District of Louisiana.
DATES: The Louisiana TIG will consider public comments received on or
before April 20, 2020.
Public Webinar: The Louisiana TIG will conduct a public webinar on
April 2, 2020 at 4:00 Central. The public may register for the webinar
at https://attendee.gotowebinar.com/register/851376447936188428. After
registering, participants will receive a confirmation email with
instructions for joining the webinar. The webinar will include a
presentation of the Draft RP/EA #3.3 and opportunity for public
comment. The presentation slides will be posted on the web shortly
after the webinar is completed. Comments will also be taken through
submission online or through U.S. mail (see Submitting Comments below).
ADDRESSES: Obtaining Documents: You may download the Draft RP/EA #3.3
at: https://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana. Alternatively, you may request a CD of the Draft RP/EA #3.3
(see FOR FURTHER INFORMATION CONTACT below). Also, you may view the
document at any of the public facilities listed in Appendix A of the
Draft RP/EA #3.3.
Submitting Comments: You may submit comments on the Draft RP/EA
#3.3 by one of the 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
29649, Atlanta, GA 30345. Please note that mailed comments must be
postmarked on or before the comment deadline of 30 days following
publication of this notice to be considered; or
During the public webinar: Comments may be provided in
writing online during the webinar. Webinar information is provided
above in DATES.
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.
FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric
Administration--Mel Landry, NOAA Restoration Center, 225-425-0583,
[email protected].
SUPPLEMENTARY INFORMATION:
Introduction
On 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 one million gallons of
dispersants were applied to the waters of the spill area in an attempt
to disperse the spilled oil. An undetermined amount of natural gas was
also released into the environment as a result of the spill.
The Deepwater Horizon Federal and State natural resource trustees
(DWH Trustees) conducted the natural resource damage assessment (NRDA)
for the Deepwater Horizon oil spill under OPA (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
[[Page 16082]]
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.
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 Louisiana Restoration Area are now selected and implemented by the
Louisiana TIG. The Louisiana TIG is composed of the following Federal
Trustees: NOAA; DOI; EPA; and USDA.
This restoration planning activity is proceeding in accordance with
the PDARP/PEIS. Information on the Restoration Type being considered in
the Draft RP/EA #3.3, as well as the OPA criteria against which project
ideas are being 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 20, 2018, the Louisiana TIG completed its Strategic
Restoration Plan and Environmental Assessment #3: Restoration of
Wetlands, Coastal, and Nearshore Habitats in the Barataria Basin,
Louisiana (SRP/EA #3). In addition to identifying a restoration
strategy for the Barataria Basin and confirming its 2018 decision to
move forward the Spanish Pass Increment of the Barataria Basin Ridge
and Marsh Creation project, the SRP/EA also advanced the Mid-Barataria
Sediment Diversion and Large Scale Marsh Creation: Component E in
northern Barataria Basin for further evaluation and planning in a
future Phase II restoration plan. After approval of the SRP/EA #3,
engineering and design (E&D) was initiated for the Large Scale Marsh
Creation: Component E. A portion of that project, now identified as
Large Scale Barataria Marsh Creation: Upper Barataria Component, is now
at a stage of E&D where NEPA analyses can be conducted on the design
alternatives. Therefore, tiering from the SRP/EA #3, the Louisiana TIG
is proposing in RP/EA #3.3 implementation of the Large-Scale Barataria
Marsh Creation: Upper Barataria Component Restoration project.
Overview of the Louisiana TIG Draft RP/EA #3.3
The Draft RP/EA #3.3 is being released in accordance with OPA NRDA
regulations in the Code of Federal Regulations (CFR) at 15 CFR part
990, NEPA (42 U.S.C. 4321 et seq.), the Consent Decree, and the Final
PDARP/PEIS. The Draft RP/EA #3.3 focuses on an area (``the Project
Area'') in the upper Barataria Basin, 15 miles (24 km) south of New
Orleans, in Jefferson and Plaquemines Parishes, Louisiana, from
approximately 5.4 miles (8.7km) west of the Mississippi River to the
Mississippi River between river miles (RM) 64 and 67. In the Draft RP/
EA #3.3, the Louisiana TIG proposes a preferred design alternative for
the Large-Scale Marsh Creation Project: Component E in Upper Barataria,
to be funded under the DWH Louisiana Restoration Area Wetlands, Coastal
and Nearshore Habitats restoration type allocation. Three alternatives
and the No Action alternative are analyzed in detail. The preferred
alternative would include filling of a combination of marsh creation
areas (MCAs) for the creation of approximately 1,207 acres (12.1 km\2\)
of intertidal marsh platform with a design life of 20 years. A total of
approximately 10.6 million cubic yards (MCY) of fill (sediment),
comprising 8.4 MCY of currently available material to be dredged from
the borrow areas and an additional 2.2 MCY expected to accumulate at
the borrow areas during the construction time frame. This alternative
would require a single construction mobilization and has an estimated
time frame of 26 months for an estimated total project cost of
approximately $172 million, inclusive of Phase I design, construction,
contingency, project management, and monitoring & adaptive management.
Alternative 2 (Non-preferred). This alternative would include
filling a combination of MCAs for the creation of approximately 944
acres (3.8 km\2\) of intertidal marsh platform (fewer MCAs than
Alternative 1) for a project lifetime of 20 years. Approximately 8.4
MCY of sediment (currently available) would be immediately available
for use from the proposed borrow areas. Project construction time is an
estimated 24 months and would require a single construction
mobilization for an estimated cost of approximately $126 million.
Alternative 3 (Non-preferred). This alternative would include
filling a combination of MCAs for the creation of approximately 1,792
acres (7.3 km\2\) of intertidal marsh platform (more acres than
Alternative 1) for a project lifetime of 20 years. Approximately 13.8
MCY of sediment would be needed, which could require waiting for an
additional 5.42 MCY of sediment to accumulate at the proposed borrow
areas. This alternative would require two mobilizations with an
anticipated project construction time of 2 to 3 years for an estimated
cost of approximately $201 million.
No Action Alternative (Non-preferred). Under this alternative, the
proposed project would not be constructed with the current funding.
The Louisiana TIG has examined the injuries assessed by the DWH
Trustees and evaluated restoration alternatives to address the
injuries. In Draft RP/EA #3.3, the Louisiana TIG presents to the public
its draft plan for providing partial compensation to the public for
injured natural resources and ecological services in the Louisiana
Restoration Area. The proposed alternative is intended to continue the
process of using DWH restoration funding to restore natural resources
injured or lost as a result of the Deepwater Horizon oil spill.
Additional restoration planning for the Louisiana Restoration Area will
continue.
Next Steps
The public is encouraged to review and comment on the Draft RP/EA
#3.3. A public webinar is scheduled to facilitate the public review and
comment process. After the public comment period ends, the Louisiana
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TIG will consider and address the comments received before issuing a
Final RP/EA #3.3. 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
RP/EA #3.3 can be viewed electronically at https://www.doi.gov/deepwaterhorizon/adminrecord.
Authority
The authority of this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.) and its implementing Oil Pollution Act 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.).
Dated: March 16, 2020.
Carrie Selberg,
Director, Office of Habitat Conservation, National Marine Fisheries
Service.
[FR Doc. 2020-05740 Filed 3-19-20; 8:45 am]
BILLING CODE 3510-22-P
