Deepwater Horizon Oil Spill, Louisiana Trustee Implementation Group; Final Phase 2 Restoration Plan #1.2 and Environmental Assessment: Barataria Basin Ridge and Marsh Creation Project, Spanish Pass Increment and Lake Borgne Marsh Creation Project Increment One; and Finding of No Significant Impact, 61966-61968 [2020-21750]
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61966
Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices
Public Availability of Comments
ACTION:
Before including your address, phone
number, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—might 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.
SUMMARY:
Next Steps
Issuance of an incidental take permit
is a Federal proposed action subject to
compliance with NEPA and section 7 of
the ESA. We will evaluate the
application, associated documents, and
any public comments we receive as part
of our NEPA compliance process to
determine whether the application
meets the requirements of section 10(a)
of the Act. If we determine that those
requirements are met, we will conduct
an intra-Service consultation under
section 7 of the ESA for the Federal
action for the potential issuance of an
ITP. If the intra-Service consultation
confirms that issuance of the ITP will
not jeopardize the continued existence
of any endangered or threatened
species, or destroy or adversely modify
critical habitat, we will issue a permit
to the applicant for the incidental take
of the covered species.
Authority
We publish this notice under the
National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321–4347
et seq.), and its implementing
regulations at 40 CFR 1500–1508, as
well as in compliance with section 10(c)
of the Endangered Species Act (16
U.S.C. 1531–1544 et seq.) and its
implementing regulations at 50 CFR
17.22 and 17.32.
Michael Senn,
Acting Field Supervisor, Sacramento Fish and
Wildlife Office, U.S. Fish and Wildlife Service,
Sacramento, California.
[FR Doc. 2020–21738 Filed 9–30–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
jbell on DSKJLSW7X2PROD with NOTICES
Office of the Secretary
Statement of Findings: Pechanga Band
of Luisen˜o Mission Indians Water
Rights Settlement Act
Office of the Secretary, Interior.
VerDate Sep<11>2014
22:13 Sep 30, 2020
The publication by the
Secretary of the Interior (Secretary) of
this notice causes the settlement
agreement executed in accordance with
Section 3402 of the Pechanga Band of
Luiseo Mission Indians Water Rights
Settlement Act (Settlement Act) to
become enforceable and causes waivers
and releases of claims executed
pursuant to Section 3407 of the
Settlement Act to take effect.
DATES: This notice takes effect on
October 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Address all comments and requests for
additional information to Douglas
Garcia, Chair, Pechanga Settlement
Implementation Team, Department of
the Interior, Bureau of Indian Affairs,
Pacific Regional Office, 2800 Cottage
Way, Sacramento, CA 95685, (916) 978–
6052, Douglas.Garcia@bia.gov.
SUPPLEMENTARY INFORMATION: Congress
enacted the Settlement Act as Title III,
Subtitle D of the Water Infrastructure
Improvements for the Nation Act, Public
Law 114–322. The Settlement Act was
enacted to resolve the water right claims
of the Pechanga Band of Luisen˜o
Mission Indians (Pechanga Band)
subject to an adjudication in the U.S.
District Court (Adjudication Court) in
United States v. Fallbrook Public Utility
District, et al., Case No. 51–01247–GPC–
RBB (S.D. Cal.). The Settlement Parties
include the Pechanga Band, Rancho
California Water District, and the United
States. The Eastern Municipal Water
District and Metropolitan Water District
of Southern California are parties to
various sub-agreements to the Pechanga
Settlement Agreement (Settlement
Agreement).
The Settlement Act and Settlement
Agreement quantify and define the
Pechanga Band’s rights to water,
including surface and groundwater
within the Santa Margarita River
watershed, that will be satisfied with
local groundwater, imported recycled
water, and imported potable water. The
Settlement Agreement and various subagreements include the arrangements
and infrastructure necessary to make
this water available to the Pechanga
Band. The United States contributed
funding for imported water and
infrastructure development.
Statement of Findings
[201D0102DM/DS6CS00000/
DLSN00000.000000/DX6CS25]
AGENCY:
Notice of statement of findings.
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In accordance with Section 3407(e) of
the Settlement Act, I find as follows:
(1) The Adjudication Court has issued
a judgment and decree approving the
conformed Settlement Agreement
consistent with the Settlement Act;
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(2) All amounts authorized by the
Settlement Act have been deposited into
the Pechanga Settlement Fund;
(3) The waivers and releases
authorized in Section 3407(a) of the
Settlement Act have been executed by
the Pechanga Band and the Secretary;
(4) The Extension of Service Area
Agreement (ESAA) has been executed
by the parties to that agreement and
takes effect and is enforceable in
accordance with its terms; and
(5) The ESAA Water Delivery
Agreement has been executed by the
parties to that agreement and takes
effect and is enforceable in accordance
with its terms.
Dated: September 22, 2020.
David L. Bernhardt,
Secretary of the Interior.
[FR Doc. 2020–21748 Filed 9–30–20; 8:45 am]
BILLING CODE 4334–63–P
DEPARTMENT OF THE INTERIOR
[FWS–R4–ES–2020–N002;
FVHC98220410150–XXX–FF04H00000]
Deepwater Horizon Oil Spill, Louisiana
Trustee Implementation Group; Final
Phase 2 Restoration Plan #1.2 and
Environmental Assessment: Barataria
Basin Ridge and Marsh Creation
Project, Spanish Pass Increment and
Lake Borgne Marsh Creation Project
Increment One; and Finding of No
Significant Impact
Department of the Interior.
Notice of availability.
AGENCY:
ACTION:
In accordance with the Oil
Pollution Act of 1990 (OPA), the
National Environmental Policy Act of
1969 (NEPA), the Final Programmatic
Damage Assessment Restoration Plan/
Final Programmatic Environmental
Impact Statement (PDARP/PEIS), and
the Consent Decree, the Federal and
State natural resource trustee agencies
for the Louisiana Trustee
Implementation Group (LA TIG) have
prepared a Louisiana Trustee
Implementation Group Final
Restoration Plan/Environmental
Assessment #1.2: Barataria Basin Ridge
and Marsh Creation Project Spanish
Pass Increment and Lake Borgne Marsh
Creation Project Increment One (Phase 2
RP/EA #1.2), and Finding of No
Significant Impact (FONSI). The Phase
2 RP/EA #1.2 approves construction
activities for the restoration of wetlands,
coastal, and nearshore habitats injured
in the Louisiana Restoration Area as a
result of the Deepwater Horizon (DWH)
oil spill. The Phase 2 RP/EA #1.2
analyzes restoration project design
SUMMARY:
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Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices
alternatives for two projects which are
components of larger marsh restoration
strategies, and were approved for
engineering and design (E&D) in a
previous restoration plan. In the final
Phase 2 RP/EA #1.2, the LA TIG
selected and approved a design
alternative for construction of each
project, at a total construction cost of
approximately $203,182,000. The
Obtaining Documents: You
may download the final Phase 2 RP/EA
#1.2 from either of the following
websites:
ADDRESSES:
• https://www.doi.gov/
deepwaterhorizon
• https://
www.gulfspillrestoration.noaa.gov/
restoration-areas/louisiana
Alternatively, you may request a CD
of the final Phase 2 RP/EA #1.2 (see FOR
FURTHER INFORMATION CONTACT). A hard
copy of the final Phase 2 RP/EA #1.2 is
also available to view at 16 repositories
located across the region. Locations are
listed in the following table.
Library
Address
City
St. Tammany Parish Library ..........................................
Terrebonne Parish Library .............................................
New Orleans Public Library, Louisiana Division ...........
East Baton Rouge Parish Library ..................................
Jefferson Parish Library, East Bank Regional Library ..
Jefferson Parish Library, West Bank Regional Library
Plaquemines Parish Library ..........................................
St. Bernard Parish Library .............................................
St. Martin Parish Library ................................................
Alex P. Allain Library .....................................................
Vermilion Parish Library ................................................
Martha Sowell Utley Memorial Library ..........................
South Lafourche Public Library .....................................
Calcasieu Parish Public Library Central Branch ...........
Iberia Parish Library ......................................................
Mark Shirley, LSU AgCenter .........................................
310 W 21st Avenue .................................
151 Library Drive .....................................
219 Loyola Avenue .................................
7711 Goodwood Boulevard .....................
4747 W Napoleon Avenue ......................
2751 Manhattan Boulevard .....................
8442 Highway 23 ....................................
1125 E St. Bernard Highway ..................
201 Porter Street .....................................
206 Iberia Street ......................................
405 E St. Victor Street ............................
314 St. Mary Street .................................
16241 E Main Street ...............................
301 W Claude Street ...............................
445 E Main Street ...................................
1105 West Port Street .............................
Covington ..........................
Houma ...............................
New Orleans ......................
Baton Rouge .....................
Metairie ..............................
Harvey ...............................
Belle Chasse .....................
Chalmette ..........................
St. Martinville .....................
Franklin ..............................
Abbeville ............................
Thibodaux ..........................
Cut Off ...............................
Lake Charles .....................
New Iberia .........................
Abbeville ............................
FOR FURTHER INFORMATION CONTACT:
Nanciann Regalado, via email at
nanciann_regalado@fws.gov, via
telephone at 678–296–6805, or via the
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
purpose of this notice is to inform the
public of the availability of the final
Phase 2 RP/EA #1.2 and FONSI.
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 DWH oil
spill is the largest offshore 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 DWH 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 and to
determine the actions required to
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22:13 Sep 30, 2020
Jkt 253001
compensate the public for those injuries
and losses. The 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 to baseline (the resource
quality and conditions that would exist
if the spill had not occurred). This
includes the loss of use and services
provided by those resources from the
time of injury until the completion of
restoration.
The DWH 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;
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61967
Zip
70433
70360
70112
70806
70001
70058
70037
70043
70582
70538
70510
70301
70345
70605
70560
70510
• 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.
On April 4, 2016, the United States
District Court for the Eastern District of
Louisiana entered a Consent Decree
resolving civil claims by the Trustees
against BP arising from the DWH oil
spill: United States v. BPXP et al., Civ.
No. 10–4536, centralized in MDL 2179,
In re: Oil Spill by the Oil Rig
‘‘Deepwater Horizon’’ in the Gulf of
Mexico, on April 20, 2010 (E.D. La.)
(https://www.justice.gov/enrd/deepwaterhorizon). Pursuant to the Consent
Decree, restoration projects in the
Louisiana Restoration Area are chosen
and managed by the LA TIG. The LA
TIG is composed of the following
Trustees: State of Louisiana Coastal
Protection and Restoration Authority;
Oil Spill Coordinator’s Office;
Departments of Environmental Quality;
Wildlife and Fisheries; and Natural
Resources; DOI; NOAA; EPA; and
USDA.
Background
The Final PDARP/PEIS provides for
TIGs to propose phasing restoration
projects across multiple restoration
plans. A TIG may propose conceptual
projects to fund for an informationgathering and planning phase, such as
E&D, in a restoration plan (phase 1).
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61968
Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
Approval of a Phase 1 restoration plan
and projects within, allows the TIG to
develop information needed to fully
consider design alternatives in a later
restoration plan (phase 2). In the final
Phase 1 RP #1, the LA TIG selected six
conceptual projects for E&D, using
funds as provided for in the DWH
Consent Decree. Two of those projects
selected to undergo E&D were the
Barataria Basin Ridge and Marsh
Creation Project Spanish Pass Increment
(Spanish Pass project) and the Lake
Borgne Marsh Creation Project
Increment One (Lake Borgne project).
Upon development of E&D alternatives
for the two projects, a phase 2
restoration plan was drafted and an
OPA and NEPA analysis were
conducted on the design alternatives.
Notice of availability of the draft Phase
2 RP/EA #1.2 was published in the
Federal Register on October 18, 2019
(84 FR 55976). Public comment was
encouraged and accepted until
November 20, 2019. The LA TIG hosted
a public webinar on October 28, 2019 to
facilitate public review and comment.
The LA TIG considered the public
comments received and finalized the
Phase 2 RP/EA #1.2, selecting
construction designs for implementation
of both projects. A summary of the
public comments received and the LA
TIG’s responses to those comments are
presented in the final Phase 2 RP/EA
#1.2.
Overview of the LA TIG Final Phase 2
RP/EA #1.2
The Phase 2 RP/EA #1.2 is being
released in accordance with OPA NRDA
regulations found in the Code of Federal
Regulations (CFR) at 15 CFR part 990,
NEPA and its implementing regulations
found at 40 CFR parts 1500–1508, the
Final PDARP/PEIS, and the Consent
Decree. The Phase 2 RP/EA #1.2
provides OPA and NEPA analyses for a
reasonable range of design alternatives
for the Spanish Pass and Lake Borgne
projects, and identifies the LA TIG’s
selected design alternatives, those
which the LA TIG believes best meet the
objectives of the Spanish Pass and Lake
Borgne projects. In accordance with
NEPA, as part of the final Phase 2 RP/
EA #1.2, the Trustees issued a FONSI.
The FONSI is available in Appendix F
of the Phase 2 RP/EA #1.2.
The Spanish Pass project is a
component of an overall large-scale
restoration strategy for the Barataria
Basin that would reestablish, through
multiple increments, ridge and
intertidal marsh habitats degraded due
to sea level rise, land subsidence,
diminished sediment supply, and storm
events. The total construction cost for
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22:13 Sep 30, 2020
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the Spanish Pass project is
approximately $101,359,000 which will
be funded from the Wetlands, Coastal,
and Nearshore Habitats restoration type
allocation provided for in the Consent
Decree.
The Lake Borgne project is a
component of an overall large-scale
restoration strategy for the southwestern
shoreline of Lake Borgne that would
reestablish, through multiple
increments, the bay rim and intertidal
marsh habitat. The estimated total
construction cost for this increment is
$101,823,000 will be funded also from
the Wetlands, Coastal, and Nearshore
Habitats restoration type allocation.
Additional restoration planning for the
Louisiana Restoration Area will
continue.
Administrative Record
The documents comprising the
Administrative Record for the Phase 2
RP/EA #1.2 can be viewed electronically
at https://www.doi.gov/
deepwaterhorizon/adminrecord.
Authority
The authority for this action is the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et
seq.), 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.) and its
implementing regulations found at 40
CFR parts 1500–1508.
Mary Josie Blanchard,
Director of Gulf of Mexico Restoration,
Department of Interior.
[FR Doc. 2020–21750 Filed 9–30–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NAGPRA–NPS0030957;
PPWOCRADN0–PCU00RP14.R50000]
Notice of Inventory Completion: Santa
Barbara Museum of Natural History,
Santa Barbara, CA
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The Santa Barbara Museum of
Natural History has completed an
inventory of human remains and
associated funerary objects, in
consultation with the appropriate
Indian Tribes or Native Hawaiian
organizations, and has determined that
there is a cultural affiliation between the
human remains and associated funerary
objects and present-day Indian Tribes or
Native Hawaiian organizations. Lineal
SUMMARY:
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descendants or representatives of any
Indian Tribe or Native Hawaiian
organization not identified in this notice
that wish to request transfer of control
of these human remains and associated
funerary objects should submit a written
request to the Santa Barbara Museum of
Natural History. If no additional
requestors come forward, transfer of
control of the human remains and
associated funerary objects to the lineal
descendants, Indian Tribes, or Native
Hawaiian organizations stated in this
notice may proceed.
Lineal descendants or
representatives of any Indian Tribe or
Native Hawaiian organization not
identified in this notice that wish to
request transfer of control of these
human remains and associated funerary
objects should submit a written request
with information in support of the
request to the Santa Barbara Museum of
Natural History at the address in this
notice by November 2, 2020.
DATES:
Luke Swetland, President
and CEO, Santa Barbara Museum of
Natural History, 2559 Puesta del Sol,
Santa Barbara, CA 93105, telephone
(805) 682–4711.
ADDRESSES:
Notice is
here given in accordance with the
Native American Graves Protection and
Repatriation Act (NAGPRA), 25 U.S.C.
3003, of the completion of an inventory
of human remains and associated
funerary objects under the control of the
Santa Barbara Museum of Natural
History, Santa Barbara, CA. The human
remains and associated funerary objects
were removed from Santa Barbara,
Ventura, San Luis Obispo, and Los
Angeles Counties, CA.
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003(d)(3). The determinations in
this notice are the sole responsibility of
the museum, institution, or Federal
agency that has control of the Native
American human remains and
associated funerary objects. The
National Park Service is not responsible
for the determinations in this notice.
SUPPLEMENTARY INFORMATION:
Consultation
A detailed assessment of the human
remains was made by the Santa Barbara
Museum of Natural History professional
staff in consultation with
representatives of the Santa Ynez Band
of Chumash Mission Indians of the
Santa Ynez Reservation, California and
other Chumash representatives of nonfederally recognized Indian groups.
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]]>Agencies
[Federal Register Volume 85, Number 191 (Thursday, October 1, 2020)]
[Notices]
[Pages 61966-61968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21750]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
[FWS-R4-ES-2020-N002; FVHC98220410150-XXX-FF04H00000]
Deepwater Horizon Oil Spill, Louisiana Trustee Implementation
Group; Final Phase 2 Restoration Plan #1.2 and Environmental
Assessment: Barataria Basin Ridge and Marsh Creation Project, Spanish
Pass Increment and Lake Borgne Marsh Creation Project Increment One;
and Finding of No Significant Impact
AGENCY: Department of the Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the
National Environmental Policy Act of 1969 (NEPA), the Final
Programmatic Damage Assessment Restoration Plan/Final Programmatic
Environmental Impact Statement (PDARP/PEIS), and the Consent Decree,
the Federal and State natural resource trustee agencies for the
Louisiana Trustee Implementation Group (LA TIG) have prepared a
Louisiana Trustee Implementation Group Final Restoration Plan/
Environmental Assessment #1.2: Barataria Basin Ridge and Marsh Creation
Project Spanish Pass Increment and Lake Borgne Marsh Creation Project
Increment One (Phase 2 RP/EA #1.2), and Finding of No Significant
Impact (FONSI). The Phase 2 RP/EA #1.2 approves construction activities
for the restoration of wetlands, coastal, and nearshore habitats
injured in the Louisiana Restoration Area as a result of the Deepwater
Horizon (DWH) oil spill. The Phase 2 RP/EA #1.2 analyzes restoration
project design
[[Page 61967]]
alternatives for two projects which are components of larger marsh
restoration strategies, and were approved for engineering and design
(E&D) in a previous restoration plan. In the final Phase 2 RP/EA #1.2,
the LA TIG selected and approved a design alternative for construction
of each project, at a total construction cost of approximately
$203,182,000. The purpose of this notice is to inform the public of the
availability of the final Phase 2 RP/EA #1.2 and FONSI.
ADDRESSES: Obtaining Documents: You may download the final Phase 2 RP/
EA #1.2 from either of the following websites:
https://www.doi.gov/deepwaterhorizon
https://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana
Alternatively, you may request a CD of the final Phase 2 RP/EA #1.2
(see FOR FURTHER INFORMATION CONTACT). A hard copy of the final Phase 2
RP/EA #1.2 is also available to view at 16 repositories located across
the region. Locations are listed in the following table.
----------------------------------------------------------------------------------------------------------------
Library Address City Zip
----------------------------------------------------------------------------------------------------------------
St. Tammany Parish Library.............. 310 W 21st Avenue......... Covington................. 70433
Terrebonne Parish Library............... 151 Library Drive......... Houma..................... 70360
New Orleans Public Library, Louisiana 219 Loyola Avenue......... New Orleans............... 70112
Division.
East Baton Rouge Parish Library......... 7711 Goodwood Boulevard... Baton Rouge............... 70806
Jefferson Parish Library, East Bank 4747 W Napoleon Avenue.... Metairie.................. 70001
Regional Library.
Jefferson Parish Library, West Bank 2751 Manhattan Boulevard.. Harvey.................... 70058
Regional Library.
Plaquemines Parish Library.............. 8442 Highway 23........... Belle Chasse.............. 70037
St. Bernard Parish Library.............. 1125 E St. Bernard Highway Chalmette................. 70043
St. Martin Parish Library............... 201 Porter Street......... St. Martinville........... 70582
Alex P. Allain Library.................. 206 Iberia Street......... Franklin.................. 70538
Vermilion Parish Library................ 405 E St. Victor Street... Abbeville................. 70510
Martha Sowell Utley Memorial Library.... 314 St. Mary Street....... Thibodaux................. 70301
South Lafourche Public Library.......... 16241 E Main Street....... Cut Off................... 70345
Calcasieu Parish Public Library Central 301 W Claude Street....... Lake Charles.............. 70605
Branch.
Iberia Parish Library................... 445 E Main Street......... New Iberia................ 70560
Mark Shirley, LSU AgCenter.............. 1105 West Port Street..... Abbeville................. 70510
----------------------------------------------------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, via email at
[email protected], via telephone at 678-296-6805, or via the
Federal Relay Service at 800-877-8339.
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 DWH oil spill is the largest offshore 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 DWH 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 and to determine the actions required to compensate the
public for those injuries and losses. The 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 to
baseline (the resource quality and conditions that would exist if the
spill had not occurred). This includes the loss of use and services
provided by those resources from the time of injury until the
completion of restoration.
The DWH 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.
On April 4, 2016, the United States District Court for the Eastern
District of Louisiana entered a Consent Decree resolving civil claims
by the Trustees against BP arising from the DWH oil spill: United
States v. BPXP et al., Civ. No. 10-4536, centralized in MDL 2179, In
re: Oil Spill by the Oil Rig ``Deepwater Horizon'' in the Gulf of
Mexico, on April 20, 2010 (E.D. La.) (https://www.justice.gov/enrd/deepwater-horizon). Pursuant to the Consent Decree, restoration
projects in the Louisiana Restoration Area are chosen and managed by
the LA TIG. The LA TIG is composed of the following Trustees: State of
Louisiana Coastal Protection and Restoration Authority; Oil Spill
Coordinator's Office; Departments of Environmental Quality; Wildlife
and Fisheries; and Natural Resources; DOI; NOAA; EPA; and USDA.
Background
The Final PDARP/PEIS provides for TIGs to propose phasing
restoration projects across multiple restoration plans. A TIG may
propose conceptual projects to fund for an information-gathering and
planning phase, such as E&D, in a restoration plan (phase 1).
[[Page 61968]]
Approval of a Phase 1 restoration plan and projects within, allows the
TIG to develop information needed to fully consider design alternatives
in a later restoration plan (phase 2). In the final Phase 1 RP #1, the
LA TIG selected six conceptual projects for E&D, using funds as
provided for in the DWH Consent Decree. Two of those projects selected
to undergo E&D were the Barataria Basin Ridge and Marsh Creation
Project Spanish Pass Increment (Spanish Pass project) and the Lake
Borgne Marsh Creation Project Increment One (Lake Borgne project). Upon
development of E&D alternatives for the two projects, a phase 2
restoration plan was drafted and an OPA and NEPA analysis were
conducted on the design alternatives. Notice of availability of the
draft Phase 2 RP/EA #1.2 was published in the Federal Register on
October 18, 2019 (84 FR 55976). Public comment was encouraged and
accepted until November 20, 2019. The LA TIG hosted a public webinar on
October 28, 2019 to facilitate public review and comment. The LA TIG
considered the public comments received and finalized the Phase 2 RP/EA
#1.2, selecting construction designs for implementation of both
projects. A summary of the public comments received and the LA TIG's
responses to those comments are presented in the final Phase 2 RP/EA
#1.2.
Overview of the LA TIG Final Phase 2 RP/EA #1.2
The Phase 2 RP/EA #1.2 is being released in accordance with OPA
NRDA regulations found in the Code of Federal Regulations (CFR) at 15
CFR part 990, NEPA and its implementing regulations found at 40 CFR
parts 1500-1508, the Final PDARP/PEIS, and the Consent Decree. The
Phase 2 RP/EA #1.2 provides OPA and NEPA analyses for a reasonable
range of design alternatives for the Spanish Pass and Lake Borgne
projects, and identifies the LA TIG's selected design alternatives,
those which the LA TIG believes best meet the objectives of the Spanish
Pass and Lake Borgne projects. In accordance with NEPA, as part of the
final Phase 2 RP/EA #1.2, the Trustees issued a FONSI. The FONSI is
available in Appendix F of the Phase 2 RP/EA #1.2.
The Spanish Pass project is a component of an overall large-scale
restoration strategy for the Barataria Basin that would reestablish,
through multiple increments, ridge and intertidal marsh habitats
degraded due to sea level rise, land subsidence, diminished sediment
supply, and storm events. The total construction cost for the Spanish
Pass project is approximately $101,359,000 which will be funded from
the Wetlands, Coastal, and Nearshore Habitats restoration type
allocation provided for in the Consent Decree.
The Lake Borgne project is a component of an overall large-scale
restoration strategy for the southwestern shoreline of Lake Borgne that
would reestablish, through multiple increments, the bay rim and
intertidal marsh habitat. The estimated total construction cost for
this increment is $101,823,000 will be funded also from the Wetlands,
Coastal, and Nearshore Habitats restoration type allocation. Additional
restoration planning for the Louisiana Restoration Area will continue.
Administrative Record
The documents comprising the Administrative Record for the Phase 2
RP/EA #1.2 can be viewed electronically at https://www.doi.gov/deepwaterhorizon/adminrecord.
Authority
The authority for this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), 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.) and its
implementing regulations found at 40 CFR parts 1500-1508.
Mary Josie Blanchard,
Director of Gulf of Mexico Restoration, Department of Interior.
[FR Doc. 2020-21750 Filed 9-30-20; 8:45 am]
BILLING CODE 4333-15-P
