Notice of Availability of the Deepwater Horizon Oil Spill Alabama Trustee Implementation Group Weeks Bay Land Acquisition (Lloyd Tract) Project: Supplemental Restoration Plan and Environmental Assessment and Finding of No Significant Impact, 10341-10342 [2022-03890]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Notices]
[Pages 10341-10342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03890]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB811]


Notice of Availability of the Deepwater Horizon Oil Spill Alabama 
Trustee Implementation Group Weeks Bay Land Acquisition (Lloyd Tract) 
Project: Supplemental Restoration Plan and Environmental Assessment and 
Finding of No Significant Impact

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability and Finding of No Significant Impact.

-----------------------------------------------------------------------

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 (DWH) Federal 
and State natural resource trustee agencies for the Alabama Trustee 
Implementation Group (Alabama TIG) have prepared a ``Final Weeks Bay 
Land Acquisition (Lloyd Tract) Project: Supplemental Restoration Plan 
and Environmental Assessment (Supplemental RP/EA) and Finding of No 
Significant Impact (FONSI)''. The Supplemental RP/EA describes the 
restoration project alternatives considered by the Alabama TIG to 
provide for additional restoration benefits for Wetlands, Coastal, and 
Nearshore Habitats (WCNH) in the Alabama Restoration Area by replacing 
the Harrod Tract acquisition and management project approved in the 
``Deepwater Horizon Oil Spill Alabama Trustee Implementation Group 
Final Restoration Plan II and Environmental Assessment: Restoration of 
Wetlands, Coastal, and Nearshore Habitats; Habitat Projects on 
Federally Managed Lands; Nutrient Reduction (Nonpoint Source); Sea 
Turtles; Marine Mammals; Birds; and Oysters (Alabama TIG RP II/EA)'' 
with the acquisition and management of another property (Lloyd Tract) 
in the Weeks Bay watershed. The Alabama TIG evaluated its alternatives 
under criteria set forth in the OPA natural resource damage assessment 
(NRDA) regulations, and 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 Final 
Supplemental RP/EA and FONSI.

[[Page 10342]]


ADDRESSES: Obtaining Documents: You may access the Supplemental RP/EA 
from the ``News'' section of the Alabama TIG website at: https://www.gulfspillrestoration.noaa.gov/restoration-areas/alabama. 
Alternatively, you may request a CD of the Final Supplemental RP/EA 
(see FOR FURTHER INFORMATION CONTACT below).

FOR FURTHER INFORMATION CONTACT: 
    NOAA--Stella Wilson, (850) 332-4169, [email protected].
    State of Alabama--Amy Hunter, (251) 621-1216, 
[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 DWH 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 DWH Federal and State natural resource trustees (DWH Trustees) 
conducted the NRDA for the DWH 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 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
     State of Texas: Texas Parks and Wildlife Department, Texas 
General Land Office, and Texas Commission on Environmental Quality.
    The DWH 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 Alabama Restoration Area are now selected and 
implemented by the Alabama TIG. The Alabama TIG is composed of the 
following Trustees:
     National Oceanic and Atmospheric Administration;
     U.S. Department of the Interior;
     U.S. Environmental Protection Agency;
     U.S. Department of Agriculture;
     State of Alabama Department of Conservation and Natural 
Resources; and
     Geological Survey of Alabama.

Background

    In the Alabama TIG RP II/EA, the Alabama TIG selected 20 projects 
for implementation, allocating funds from several restoration types 
including the WCNH restoration type. One of the projects selected for 
implementation in the funds, was the Weeks Bay Land Acquisition (Harrod 
Tract) project. For the reasons identified in the Supplemental RP/EA 
the Alabama TIG has terminated the Harrod Tract project via TIG 
Resolution. This Supplemental RP/EA supplements the Alabama TIG RP II/
EA, evaluating the Alabama TIG's proposal to use those funds previously 
allocated to the Harrod Tract project to support a new acquisition 
project in the same watershed.
    Notice of availability of the Draft Supplemental RP/EA was posted 
to the Alabama TIG website, https://www.gulfspillrestoration.noaa.gov/restoration-areas/alabama on December 6, 2021. The TIG provided the 
public with 30 days to review and comment on the Draft Supplemental RP/
EA. During the public comment period, one comment was received voicing 
general support of the project and noting the importance of protecting 
this parcel from future development. This correspondence is included as 
Appendix A.

Overview of the Alabama TIG Final Supplemental RP/EA

    The termination of the Harrod Tract project has resulted in 
$3,606,900 of previously allocated WCNH restoration funds to become 
available to the Alabama TIG. Accordingly, the Alabama TIG is proposing 
to use those funds to support a new acquisition project in the Weeks 
Bay watershed, where the Harrod Tract acquisition would have occurred. 
Specifically, in this Supplemental RP/EA, the Alabama TIG evaluates the 
use of WCNH funds to acquire a tract known as the Lloyd Tract, which is 
located along two tributaries of the Fish River, slightly upstream from 
the Harrod Tract. The property is bordered by two tidal creeks, 
Waterhole Branch and Green Branch, and their confluence occurs at the 
southeastern boundary of the property. The Lloyd Tract has a willing 
seller, is at risk of development, contains farmland that can be 
restored to longleaf pine habitat, would become part of the Weeks Bay 
National Estuarine Research Reserve, and would provide restoration 
benefits to wetlands, coastal, and nearshore habitats. A no action 
alternative is also evaluated in the Supplemental RP/EA.

Administrative Record

    The documents comprising the Administrative Record for the Final 
Supplemental RP/EA 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 OPA NRDA regulations found at 
15 CFR part 990 and the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).

    Dated: February 17, 2022.
Carrie Diane Robinson,
Director, Office of Habitat Conservation, National Marine Fisheries 
Service.
[FR Doc. 2022-03890 Filed 2-23-22; 8:45 am]
BILLING CODE 3510-22-P