Mississippi Trustee Implementation Group Deepwater Horizon Oil Spill Draft Restoration Plan 3 and Environmental Assessment: Habitat Projects on Federally Managed Lands; Sea Turtles; Marine Mammals; Birds; and Provide and Enhance Recreational Opportunities, 69287-69288 [2021-26415]

Agencies

• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69287-69288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26415]



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DEPARTMENT OF THE INTERIOR

[FWS-R4-ES-2021-N209; FVHC98220410150-XXX-FF04H00000]


Mississippi Trustee Implementation Group Deepwater Horizon Oil 
Spill Draft Restoration Plan 3 and Environmental Assessment: Habitat 
Projects on Federally Managed Lands; Sea Turtles; Marine Mammals; 
Birds; and Provide and Enhance Recreational Opportunities

AGENCY: Department of the Interior.

ACTION: Notice of availability; request for public comments.

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SUMMARY: In accordance with the Oil Pollution Act of 1990, the National 
Environmental Policy Act of 1969, the Final Programmatic Damage 
Assessment Restoration Plan and Final Programmatic Environmental Impact 
Statement (Final PDARP/PEIS) and Record of Decision, and the Consent 
Decree, the Federal and State natural resource trustee agencies for the 
Mississippi Trustee Implementation Group (MS TIG) have prepared the 
Mississippi Trustee Implementation Group Draft Restoration Plan 3 and 
Environmental Assessment: Habitat Projects on Federally Managed Lands; 
Sea Turtles; Marine Mammals; Birds; and Provide and Enhance 
Recreational Opportunities (Draft RP3/EA). In the Draft RP3/EA, the MS 
TIG proposes projects to partially restore injured habitats, sea 
turtles, marine mammals, birds, and to compensate for lost recreational 
use in the Mississippi Restoration Area as a result of the Deepwater 
Horizon oil spill. The approximate cost to implement the MS TIG's 
proposed action (seven preferred alternatives) is $19,000,000. We 
invite public comments on the Draft RP3/EA.

DATES: We will consider public comments on the Draft RP3/EA received on 
or before 45 days after the date of publication in the Federal 
Register.
    The MS TIG will host a public webinar on Tuesday, January 11, 2022, 
at 2 p.m. Central Time. The public webinar will include a presentation 
of the Draft RP3/EA. The public may register for the webinar at https://attendee.gotowebinar.com/register/6376489461251797774. After 
registering, participants will receive a confirmation email with 
instructions for joining the webinar. Instructions for commenting will 
be provided during the webinar. Shortly after the webinar is concluded, 
the presentation material will be posted on the web at https://www.gulfspillrestoration.noaa.gov/restoration-areas/mississippi.

ADDRESSES: Obtaining Documents: You may download the Draft RP3/EA from 
either of the following websites:
     https://www.doi.gov/deepwaterhorizon
     https://www.gulfspillrestoration.noaa.gov/restoration-areas/mississippi
    Alternatively, you may request a CD of the Draft RP3/EA (see FOR 
FURTHER INFORMATION CONTACT).
    Submitting Comments: You may submit comments by one of the 
following methods:
     Via the Web: https://www.gulfspillrestoration.noaa.gov/restoration-areas/mississippi.
     Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 
29649, Atlanta, GA 30345. To be considered, mailed comments must be 
postmarked on or before the comment deadline given in DATES.
     During the Public Webinar: Written comments may be 
provided by the public during the webinar. Webinar information is 
provided in DATES.

FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at 
[email protected] or 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 (DWH), 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 Mississippi Restoration Area are chosen and managed by 
the MS TIG. The MS TIG is composed of the following Trustees: State of 
Mississippi Department of Environmental Quality; DOI; NOAA; EPA; and 
USDA.

Background

    On October 30, 2020, the MS TIG posted a public notice at https://www.gulfspillrestoration.noaa.gov requesting new or revised natural 
resource restoration project ideas by November 30, 2020, for the 
Mississippi

[[Page 69288]]

Restoration Area. The notice stated that the MS TIG was seeking project 
ideas for the following restoration types: (1) Habitat Projects on 
Federally Managed Lands; (2) Sea Turtles; (3) Marine Mammals; (4) 
Birds; and (5) Provide and Enhance Recreational Opportunities. On June 
11, 2021, the MS TIG announced that it had initiated drafting of the 
RP3/EA and that it would include a reasonable range of restoration 
alternatives (projects) for the five restoration types.

Overview of the MS TIG Draft RP3/EA

    The Draft RP3/EA provides the MS TIG's analysis of the reasonable 
range of alternatives. The MS TIG's seven preferred alternatives are 
presented in the following table under the restoration type from which 
funds would be allocated in accordance with the DWH Consent Decree. The 
MS TIG also evaluated five non-preferred alternatives as part of the 
reasonable range, and a No Action alternative for each restoration type 
in the plan.

Restoration Type: Habitat Projects on Federally Managed Lands

Improve Native Habitats by Removing Marine Debris from Mississippi 
Barrier Islands

Restoration Type: Sea Turtles

Maintaining Enhanced Sea Turtle Stranding Network Capacity and 
Diagnostic Capabilities

Restoration Type: Marine Mammals

Maintaining Enhanced Marine Mammal Stranding Network Capacity and 
Diagnostic Capabilities
Reduction of Marine Mammal Fishery Interactions through Trawl Technique 
and Component Material Improvements

Restoration Type: Birds

Bird Stewardship and Enhanced Monitoring in Mississippi

Restoration Type: Provide and Enhance Recreational Opportunities

Clower Thornton Nature Park Trail Improvement
Environmental Education and Stewardship at Walter Anderson Museum of 
Art

Next Steps

    As described above in DATES, the MS TIG will host a public webinar 
to facilitate the public review and comment process. After the public 
comment period ends, the MS TIG will consider and address the comments 
received before issuing a final RP3/EA. Public comments and MS TIG 
responses will be included in the final RP3/EA.

Public Availability of Comments

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

Administrative Record

    The documents comprising the Administrative Record for the Draft 
RP3/EA 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 NRDA 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 1500-
1508.

Mary Josie Blanchard,
Director, Gulf of Mexico Restoration, Department of the Interior.
[FR Doc. 2021-26415 Filed 12-6-21; 8:45 am]
BILLING CODE 4333-15-P