Notice of Availability of a Record of Decision for the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Final Phase II Restoration Plan: #3.2 Mid-Barataria Sediment Diversion, 7951-7953 [2023-02521]
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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Notices
in violation of a foreign law or
regulation, or in contravention of a
binding conservation measure of an
RFMO to which the United States is a
contracting party. Under SIMP,
information on the harvest event must
be submitted in ACE as part of the entry
filing for designated fish products to
allow NMFS to determine that the fish
or fish products were lawfully acquired
and are therefore admissible into U.S.
commerce. In 2019, NMFS included
shrimp and abalone entries in SIMP,
and received initial OMB approval for
the additional reporting burden for
shrimp and abalone entries under a
separate Control Number (0648–0776).
In the 2020 collection renewal of
0648–0732, OMB granted the NMFS
request to merge all the trade
monitoring programs under one
collection, which incorporated the
reporting burdens associated with
collections 0648–0739 and 0648–0776
within the scope of 0648–0732.
Generally, these trade monitoring
programs are similar and require anyone
who intends to import, export, and/or
re-export regulated species to obtain an
International Fisheries Trade Permit
(IFTP) from NMFS; obtain
documentation on the flag-nation
authorization for the harvest from the
foreign exporter; and submit this
information to NMFS. Depending on the
commodity, specific information may
also be required, such as the flag-state
of the harvesting vessel, the ocean area
of catch, the fishing gear used, the
harvesting vessel name, and details and
authorizations related to harvest,
landing, transshipment, and export.
Affected Public: Business or other forprofit organizations; Federal
government.
Frequency: Annual trade permits;
electronic reports upon import/export;
provision of supply chain documents
when selected for audit.
Respondent’s Obligation: Required to
Obtain or Retain Benefits.
Legal Authority: 16 U.S.C. 1385, 16
U.S.C. 1826(a), 16 U.S.C. 971(a), 19
U.S.C. 1411.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
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
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by using the search function and
entering either the title of the collection
or the OMB Control Number 0648-0732.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2023–02547 Filed 2–6–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC728]
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Ecosystem and Ocean
Planning (EOP) Committee and
Advisory Panel (AP) of the Mid-Atlantic
Fishery Management Council (Council)
will hold a joint meeting. See
SUPPLEMENTARY INFORMATION for agenda
details.
DATES: The meeting will be held on
Thursday, February 23, 2023, from 1
p.m. through 3 p.m.
ADDRESSES: The meeting will take place
over webinar with a telephone-only
connection option. Details on how to
connect to the webinar by computer and
by telephone will be available at:
www.mafmc.org.
Council address: Mid-Atlantic Fishery
Management Council, 800 N State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331; website:
www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The
purpose of this meeting is for the EOP
Committee and AP to provide feedback
on the results and future application of
a research project the Council is
collaborating on with a research team
from Rutgers University. The project
developed forecast models to predict
short-term (1–10 years) climate-induced
distribution changes for four
economically important Mid and South
Atlantic managed species (Summer
Flounder, Spiny Dogfish, Illex Squid,
and Gray Triggerfish). The forecast
model was initially developed, fully
tested, and evaluated for summer
SUMMARY:
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flounder and has been fitted and
applied to the other three focal species.
The EOP Committee and AP will
provide feedback on the model results,
potential model utility, and possible
future science and management
applications. EOP Committee and AP
feedback, as well as input from the
Council’s Scientific and Statistical
Committee (SSC), will be presented to
the Council for their consideration.
A detailed agenda and background
documents will be made available on
the Council’s website (www.mafmc.org)
prior to the meeting.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to
Shelley Spedden, (302) 526–5251, at
least 5 days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 1, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–02505 Filed 2–6–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC701]
Notice of Availability of a Record of
Decision for the Deepwater Horizon Oil
Spill Louisiana Trustee Implementation
Group Final Phase II Restoration Plan:
#3.2 Mid-Barataria Sediment Diversion
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability (NOA);
record of decision (ROD).
AGENCY:
In accordance with the Oil
Pollution Act of 1990 (OPA) and the
National Environmental Policy Act of
1969 (NEPA), the Deepwater Horizon
Oil Spill Final Programmatic Damage
Assessment Restoration Plan and Final
Programmatic Environmental Impact
Statement (Final PDARP/PEIS), Record
of Decision and Consent Decree, notice
is hereby given that the Federal and
State natural resource trustee agencies
for the Louisiana Trustee
Implementation Group (Louisiana TIG)
have issued a Record of Decision (ROD)
for the Louisiana Trustee
Implementation Group Final Phase II
Restoration Plan #3.2: Mid-Barataria
Sediment Diversion Project (Final Phase
SUMMARY:
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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Notices
II RP #3.2) and accompanying NEPA
analysis, as adopted, in the Final
Environmental Impact Statement for the
Proposed Mid Barataria Sediment
Diversion Project, Plaquemines Parish
(MBSD FEIS). The ROD sets forth the
basis for the Louisiana TIG’s OPA
Natural Resources Damage Assessment
(NRDA) decision to fund and implement
the 75,000 cubic feet per second (cfs)
capacity Mid-Barataria Sediment
Diversion Project. This restoration will
continue the process of restoring natural
resources and services injured or lost
resulting from the Deepwater Horizon
(DWH) oil spill of 2010. The purpose of
this notice is to inform the public of the
availability of the Louisiana TIG’s ROD
for its combined OPA NRDA and NEPA
decision.
ADDRESSES: Obtaining documents: You
may download the ROD at https://
www.gulfspillrestoration.noaa.gov.
Alternatively, you may request a copy of
the combined OPA NRDA and NEPA
ROD.
FOR FURTHER INFORMATION CONTACT:
ddrumheller on DSK120RN23PROD with NOTICES
National Oceanic and Atmospheric
Administration—Mel Landry, NOAA
Restoration Center, (301) 427–8711,
gulfspill.restoration@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
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
(CPRA), Oil Spill Coordinator’s Office
(LOSCO), Department of Environmental
Quality (LDEQ), Department of Wildlife
and Fisheries (LDWF), and Department
of Natural Resources (LDNR).
Building on the PDARP/PEIS, the
Louisiana TIG began evaluating
restoration strategies that could restore
for injuries to natural resources in the
Barataria Basin, which resulted in the
Strategic Restoration Plan and
Environmental Assessment #3:
Restoration of Wetlands, Coastal, and
Nearshore Habitats in the Barataria
Basin, Louisiana (SRP/EA #3). In the
SRP/EA #3, the Louisiana TIG
ultimately determined that a
combination of ‘‘marsh creation and
ridge restoration plus a large-scale
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sediment diversion would provide the
greatest level of benefits to injured
Wetlands, Coastal, and Nearshore
Habitats and to the large suite of injured
resources that depend in their life cycle
on productive and sustainable wetland
habitats’’ (LA TIG, 2018, page 3–32) in
the basin and in the broader northern
Gulf of Mexico. In the SRP/EA #3, the
Louisiana TIG also selected a MidBarataria sediment diversion (MBSD) as
the specific sediment diversion project
to move forward for further analysis.
Since finalizing the SRP/EA #3, the
Louisiana TIG evaluated a variety of
potential alternatives for a large-scale
sediment diversion in the Barataria
Basin. The Final Phase II RP #3.2, along
with the MBSD FEIS released
simultaneously by the U.S. Army Corps
of Engineers, New Orleans District
(USACE CEMVN) and adopted by the
Federal agencies of the Louisiana TIG,
set forth the results of that evaluation.
Overview of the Selected Alternative 1,
Mid-Barataria Sediment Diversion
Project
In the Final Phase II RP #3.2, the
Louisiana TIG selected its preferred
alternative (Alternative 1, MBSD
Project) under the DWH Louisiana
Restoration Area Wetlands, Coastal and
Nearshore Habitats restoration type. The
selected alternative consists of a
controlled sediment and freshwater
intake diversion structure in
Plaquemines Parish on the right
descending bank of the Mississippi
River at River Mile (RM) 60.7 just north
of the Town of Ironton. The outfall area
for sediment, freshwater, and nutrients
conveyed from the river is located
within the Mid-Barataria Basin. The
area of the MBSD Project includes the
hydrologic boundaries of the Barataria
Basin and the lower Mississippi River
Delta Basin, also known as the birdfoot
delta. The Mississippi River itself,
beginning near RM 60.7 and extending
to the mouth of the river, is also
included in the MBSD Project area. The
diversion will have a maximum
diversion flow of 75,000 cfs, which
would occur when the Mississippi River
gauge at Belle Chase reaches 1,000,000
cfs or higher. The diversion will operate
at up to 5,000 cfs (base flow) when the
river is below 450,000 cfs at Belle
Chase; at river flows above 450,000 cfs,
the diversion will be opened fully. At
the downstream end of the diversion
channel, an engineered ‘‘outfall
transition feature’’ will be constructed
to guide and disperse the channel flow
into the Barataria Basin. The diversion
is projected to increase land area,
including emergent wetlands and
mudflats, in the Barataria Basin across
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the 50-year analysis period relative to
natural recovery, with a maximum
increase of 17,300 acres (approximately
7000 hectares) in 2050, at the
approximate mid-point of the 50-year
analysis period.
The cost of the selected Alternative 1,
MBSD Project at the time of the Draft
Phase II RP #3.2 was anticipated to be
approximately $2 billion. Since the
publication of the Draft Phase II RP #3.2,
substantial increases in the general
inflation rate as well as corresponding
increases to most cost components of
the MBSD Project, including but not
limited to construction materials,
construction activities, and wages, have
occurred. CPRA has experienced an
average 25 percent increase in costs on
its recent restoration projects. CPRA
will not know the amount of the cost
increase for the MBSD Project until it
completes negotiations for a Guaranteed
Maximum Price for project construction
with the Construction Management at
Risk contractor. In light of this
uncertainty as to total project costs, the
Louisiana TIG intends to limit its
contribution to the overall project costs
to $2,260,000,000. This will help ensure
that DWH settlement funding would be
available to construct all projects
currently under consideration as well as
for future large-scale wetlands, coastal,
and nearshore habitat restoration
projects not yet proposed. The cap will
also ensure that planned DWH
payments to the Louisiana TIG will be
sufficient to cover project costs as it
continues to be designed and
implemented. To ensure the Monitoring
and Adaptive Management (MAM) and
Mitigation and Stewardship Plans are
fully funded, the Louisiana TIG’s
contribution will cover the majority of
MAM associated costs (a NRDA
investment of up to $124,000,000,
including contingency funding) and the
Mitigation and Stewardship costs
(currently estimated at $378,000,000,
including contingency funding). A
portion of the engineering and design
costs has been paid by the National Fish
and Wildlife Federation’s Gulf
Environmental Benefit Fund. The
remaining Louisiana TIG contribution
will be applied toward other project cost
categories. CPRA has committed to
providing funding for all costs that
exceed the Louisiana TIG’s funding cap
of $2,260,000,000.
The Louisiana TIG fully evaluated a
smaller-capacity diversion with a
maximum capacity of 50,000 cfs
(Alternative 2). The Trustees found that
such a diversion would provide
substantially less benefit in marsh
preservation and restoration, with only
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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Notices
a small reduction in adverse impacts
and a slight cost reduction.
The Louisiana TIG also fully
evaluated a larger-capacity diversion
with a maximum capacity of 150,000 cfs
(Alternative 3). While the marsh
creation benefits of such a large
diversion would be significantly greater,
the collateral injuries would also
increase to levels unacceptable to the
Trustees.
Three other alternatives (Alternatives
4–6) would divert the same flow (cfs)
capacities as described above for
Alternatives 1–3 and would include
marsh terrace outfall features. While
providing some benefits, the outfall
feature alternatives do not substantially
change the extent to which the
corresponding alternatives with similar
capacities and without terraces meet the
Louisiana TIG’s goals and objectives for
the project.
The Louisiana TIG is committed to
continuing efforts to restore the
resources that would be adversely
affected by the selected MBSD Project,
many of which were also injured by the
DWH oil spill. The selected MBSD
Project includes a MAM Plan and a
Mitigation and Stewardship Plan. The
Project also includes a Dolphin
Intervention Plan, which was developed
in response to anticipated impacts and
public comments. These plans serve as
an integral part of the proposed
restoration action. The MAM Plan
includes (1) methods for specific types
of monitoring, (2) key performance
measures/indicators for assessing the
success of the Proposed MBSD Project
in meeting its objectives, and (3)
decision criteria and processes for
modifying (‘‘adapting’’) current or future
management actions. The Mitigation
and Stewardship Plan includes actions
to help to address collateral impacts of
construction and operation of the
Proposed MBSD Project. The Dolphin
Intervention Plan outlines a spectrum of
potential response actions for dolphins
affected by the operation of the
Proposed MBSD Project, ranging from
recovery/relocation to no intervention to
euthanasia. As part of the Project, CPRA
would have responsibility for ensuring
implementation of the measures
outlined in each of these Plans.
While the Louisiana TIG rejected the
No-Action-Alternative for this Final
Phase II RP #3.2, the OPA analysis
integrated information about the MBSD
FEIS No-Action Alternative (40 CFR
1502.14(c)) because it provided a
baseline against which the benefits and
collateral injuries of the selected MBSD
Project and its alternatives were
compared.
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The Louisiana TIG solicited public
comment on the Draft RP for a total of
90 days between March 5, 2021 and
June 3, 2021 (86 FR 12915, March 5,
2021). The Louisiana TIG held three
public meetings to facilitate public
understanding of the document and
provide opportunity for public
comment. The Louisiana TIG actively
solicited public input through a variety
of mechanisms, including convening
virtual public meetings, distributing
electronic communications, and using
the Trustee-wide public website and
database to share information and
receive public input. The Louisiana TIG
considered the public comments
received, which informed the Louisiana
TIG’s analysis of alternatives in the
Final RP. The Final Phase II RP #3.2
includes a summary of the comments
received and responses to those
comments. A Notice of Availability of
the Final Phase II RP #3.2 was
published in the Federal Register on
September 23, 2022 (87 FR 58067).
Trustees typically choose to combine
a restoration plan and the required
NEPA analysis into a single document
(33 CFR 990.23(a), (c)(1)). In this case,
the Final Phase II RP #3.2 does not
include integrated NEPA analysis. This
is because prior to evaluation of the
Proposed MBSD Project by the
Louisiana TIG as a restoration project
under OPA, the USACE CEMVN
initiated scoping for the MBSD Project
EIS based on a permit application for
the Project by CPRA. To increase
efficiency, reduce redundancy, and be
consistent with Federal policy and 40
CFR 1506.3, the four Federal Trustees in
the Louisiana TIG decided to participate
as cooperating agencies in the
development of a single MBSD FEIS. As
the lead agency, the USACE CEMVN has
primary responsibility for preparing the
MBSD FEIS (40 CFR 1501.5(a)). The
Louisiana TIG has relied on the MBSD
FEIS to evaluate potential
environmental effects of the MBSD
Project and its alternatives evaluated in
the Final Phase II RP #3.2.
Based on review of the analysis and
in accordance with 40 CFR 1506.3
(1978), each of the Federal trustees of
the Louisiana TIG adopted the MBSD
FEIS to satisfy its independent NEPA
requirements related to its decision to
fund and implement the selected MBSD
Project pursuant to OPA 15 CFR 990 et
seq. Furthermore, based on our
determination of the sufficiency of the
USACE’s Final MBSD EIS, the Federal
agencies of the Louisiana TIG
determined that it was appropriate to
adopt the Final MBSD EIS without the
need for recirculation in accordance
with 40 CFR 1506.3 (1978).
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7953
Administrative Record
The documents included in the
Administrative Record can be viewed
electronically at the following location:
https://www.doi.gov/deepwaterhorizon/
adminrecord.
The DWH Trustees opened a publicly
available Administrative Record for the
NRDA for the Deepwater Horizon oil
spill, including restoration planning
activities, concurrently with publication
of the 2011 Notice of Intent to Begin
Restoration Scoping and Prepare a Gulf
Spill Restoration Planning PEIS
(pursuant to 15 CFR 990.45). The
Administrative Record includes the
relevant administrative records since its
date of inception. This Administrative
Record is actively maintained and
available for public review and includes
the administrative record for the RP
#3.2.
Authority
The authority of this action is the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et
seq.), the implementing NRDA
regulations found at 15 CFR part 990,
and NEPA (42 U.S.C. 4321 et seq.).
Dated: February 1, 2023.
Carrie Diane Robinson,
Director, Office of Habitat Conservation,
National Marine Fisheries Service.
[FR Doc. 2023–02521 Filed 2–6–23; 8:45 am]
BILLING CODE 3510–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC558]
Guidelines for Preparing Stock
Assessment Reports Pursuant to the
Marine Mammal Protection Act; Final
Revisions to Procedural Directive
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; response
to comments.
AGENCY:
The National Marine
Fisheries Service (NMFS) has
incorporated public comments on the
draft revisions to the Guidelines for
Preparing Stock Assessment Reports
Pursuant to the Marine Mammal
Protection Act (NMFS Procedural
Directive) and is now finalizing the
revisions and making them available to
the public.
DATES: This final Procedural Directive
will be effective as of February 7, 2023.
SUMMARY:
E:\FR\FM\07FEN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7951-7953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02521]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC701]
Notice of Availability of a Record of Decision for the Deepwater
Horizon Oil Spill Louisiana Trustee Implementation Group Final Phase II
Restoration Plan: #3.2 Mid-Barataria Sediment Diversion
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability (NOA); record of decision (ROD).
-----------------------------------------------------------------------
SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the
National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon
Oil Spill Final Programmatic Damage Assessment Restoration Plan and
Final Programmatic Environmental Impact Statement (Final PDARP/PEIS),
Record of Decision and Consent Decree, notice is hereby given that the
Federal and State natural resource trustee agencies for the Louisiana
Trustee Implementation Group (Louisiana TIG) have issued a Record of
Decision (ROD) for the Louisiana Trustee Implementation Group Final
Phase II Restoration Plan #3.2: Mid-Barataria Sediment Diversion
Project (Final Phase
[[Page 7952]]
II RP #3.2) and accompanying NEPA analysis, as adopted, in the Final
Environmental Impact Statement for the Proposed Mid Barataria Sediment
Diversion Project, Plaquemines Parish (MBSD FEIS). The ROD sets forth
the basis for the Louisiana TIG's OPA Natural Resources Damage
Assessment (NRDA) decision to fund and implement the 75,000 cubic feet
per second (cfs) capacity Mid-Barataria Sediment Diversion Project.
This restoration will continue the process of restoring natural
resources and services injured or lost resulting from the Deepwater
Horizon (DWH) oil spill of 2010. The purpose of this notice is to
inform the public of the availability of the Louisiana TIG's ROD for
its combined OPA NRDA and NEPA decision.
ADDRESSES: Obtaining documents: You may download the ROD at https://www.gulfspillrestoration.noaa.gov. Alternatively, you may request a
copy of the combined OPA NRDA and NEPA ROD.
FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric
Administration--Mel Landry, NOAA Restoration Center, (301) 427-8711,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
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 (CPRA), Oil Spill Coordinator's Office (LOSCO), Department of
Environmental Quality (LDEQ), Department of Wildlife and Fisheries
(LDWF), and Department of Natural Resources (LDNR).
Building on the PDARP/PEIS, the Louisiana TIG began evaluating
restoration strategies that could restore for injuries to natural
resources in the Barataria Basin, which resulted in the Strategic
Restoration Plan and Environmental Assessment #3: Restoration of
Wetlands, Coastal, and Nearshore Habitats in the Barataria Basin,
Louisiana (SRP/EA #3). In the SRP/EA #3, the Louisiana TIG ultimately
determined that a combination of ``marsh creation and ridge restoration
plus a large-scale sediment diversion would provide the greatest level
of benefits to injured Wetlands, Coastal, and Nearshore Habitats and to
the large suite of injured resources that depend in their life cycle on
productive and sustainable wetland habitats'' (LA TIG, 2018, page 3-32)
in the basin and in the broader northern Gulf of Mexico. In the SRP/EA
#3, the Louisiana TIG also selected a Mid-Barataria sediment diversion
(MBSD) as the specific sediment diversion project to move forward for
further analysis.
Since finalizing the SRP/EA #3, the Louisiana TIG evaluated a
variety of potential alternatives for a large-scale sediment diversion
in the Barataria Basin. The Final Phase II RP #3.2, along with the MBSD
FEIS released simultaneously by the U.S. Army Corps of Engineers, New
Orleans District (USACE CEMVN) and adopted by the Federal agencies of
the Louisiana TIG, set forth the results of that evaluation.
Overview of the Selected Alternative 1, Mid-Barataria Sediment
Diversion Project
In the Final Phase II RP #3.2, the Louisiana TIG selected its
preferred alternative (Alternative 1, MBSD Project) under the DWH
Louisiana Restoration Area Wetlands, Coastal and Nearshore Habitats
restoration type. The selected alternative consists of a controlled
sediment and freshwater intake diversion structure in Plaquemines
Parish on the right descending bank of the Mississippi River at River
Mile (RM) 60.7 just north of the Town of Ironton. The outfall area for
sediment, freshwater, and nutrients conveyed from the river is located
within the Mid-Barataria Basin. The area of the MBSD Project includes
the hydrologic boundaries of the Barataria Basin and the lower
Mississippi River Delta Basin, also known as the birdfoot delta. The
Mississippi River itself, beginning near RM 60.7 and extending to the
mouth of the river, is also included in the MBSD Project area. The
diversion will have a maximum diversion flow of 75,000 cfs, which would
occur when the Mississippi River gauge at Belle Chase reaches 1,000,000
cfs or higher. The diversion will operate at up to 5,000 cfs (base
flow) when the river is below 450,000 cfs at Belle Chase; at river
flows above 450,000 cfs, the diversion will be opened fully. At the
downstream end of the diversion channel, an engineered ``outfall
transition feature'' will be constructed to guide and disperse the
channel flow into the Barataria Basin. The diversion is projected to
increase land area, including emergent wetlands and mudflats, in the
Barataria Basin across the 50-year analysis period relative to natural
recovery, with a maximum increase of 17,300 acres (approximately 7000
hectares) in 2050, at the approximate mid-point of the 50-year analysis
period.
The cost of the selected Alternative 1, MBSD Project at the time of
the Draft Phase II RP #3.2 was anticipated to be approximately $2
billion. Since the publication of the Draft Phase II RP #3.2,
substantial increases in the general inflation rate as well as
corresponding increases to most cost components of the MBSD Project,
including but not limited to construction materials, construction
activities, and wages, have occurred. CPRA has experienced an average
25 percent increase in costs on its recent restoration projects. CPRA
will not know the amount of the cost increase for the MBSD Project
until it completes negotiations for a Guaranteed Maximum Price for
project construction with the Construction Management at Risk
contractor. In light of this uncertainty as to total project costs, the
Louisiana TIG intends to limit its contribution to the overall project
costs to $2,260,000,000. This will help ensure that DWH settlement
funding would be available to construct all projects currently under
consideration as well as for future large-scale wetlands, coastal, and
nearshore habitat restoration projects not yet proposed. The cap will
also ensure that planned DWH payments to the Louisiana TIG will be
sufficient to cover project costs as it continues to be designed and
implemented. To ensure the Monitoring and Adaptive Management (MAM) and
Mitigation and Stewardship Plans are fully funded, the Louisiana TIG's
contribution will cover the majority of MAM associated costs (a NRDA
investment of up to $124,000,000, including contingency funding) and
the Mitigation and Stewardship costs (currently estimated at
$378,000,000, including contingency funding). A portion of the
engineering and design costs has been paid by the National Fish and
Wildlife Federation's Gulf Environmental Benefit Fund. The remaining
Louisiana TIG contribution will be applied toward other project cost
categories. CPRA has committed to providing funding for all costs that
exceed the Louisiana TIG's funding cap of $2,260,000,000.
The Louisiana TIG fully evaluated a smaller-capacity diversion with
a maximum capacity of 50,000 cfs (Alternative 2). The Trustees found
that such a diversion would provide substantially less benefit in marsh
preservation and restoration, with only
[[Page 7953]]
a small reduction in adverse impacts and a slight cost reduction.
The Louisiana TIG also fully evaluated a larger-capacity diversion
with a maximum capacity of 150,000 cfs (Alternative 3). While the marsh
creation benefits of such a large diversion would be significantly
greater, the collateral injuries would also increase to levels
unacceptable to the Trustees.
Three other alternatives (Alternatives 4-6) would divert the same
flow (cfs) capacities as described above for Alternatives 1-3 and would
include marsh terrace outfall features. While providing some benefits,
the outfall feature alternatives do not substantially change the extent
to which the corresponding alternatives with similar capacities and
without terraces meet the Louisiana TIG's goals and objectives for the
project.
The Louisiana TIG is committed to continuing efforts to restore the
resources that would be adversely affected by the selected MBSD
Project, many of which were also injured by the DWH oil spill. The
selected MBSD Project includes a MAM Plan and a Mitigation and
Stewardship Plan. The Project also includes a Dolphin Intervention
Plan, which was developed in response to anticipated impacts and public
comments. These plans serve as an integral part of the proposed
restoration action. The MAM Plan includes (1) methods for specific
types of monitoring, (2) key performance measures/indicators for
assessing the success of the Proposed MBSD Project in meeting its
objectives, and (3) decision criteria and processes for modifying
(``adapting'') current or future management actions. The Mitigation and
Stewardship Plan includes actions to help to address collateral impacts
of construction and operation of the Proposed MBSD Project. The Dolphin
Intervention Plan outlines a spectrum of potential response actions for
dolphins affected by the operation of the Proposed MBSD Project,
ranging from recovery/relocation to no intervention to euthanasia. As
part of the Project, CPRA would have responsibility for ensuring
implementation of the measures outlined in each of these Plans.
While the Louisiana TIG rejected the No-Action-Alternative for this
Final Phase II RP #3.2, the OPA analysis integrated information about
the MBSD FEIS No-Action Alternative (40 CFR 1502.14(c)) because it
provided a baseline against which the benefits and collateral injuries
of the selected MBSD Project and its alternatives were compared.
The Louisiana TIG solicited public comment on the Draft RP for a
total of 90 days between March 5, 2021 and June 3, 2021 (86 FR 12915,
March 5, 2021). The Louisiana TIG held three public meetings to
facilitate public understanding of the document and provide opportunity
for public comment. The Louisiana TIG actively solicited public input
through a variety of mechanisms, including convening virtual public
meetings, distributing electronic communications, and using the
Trustee-wide public website and database to share information and
receive public input. The Louisiana TIG considered the public comments
received, which informed the Louisiana TIG's analysis of alternatives
in the Final RP. The Final Phase II RP #3.2 includes a summary of the
comments received and responses to those comments. A Notice of
Availability of the Final Phase II RP #3.2 was published in the Federal
Register on September 23, 2022 (87 FR 58067).
Trustees typically choose to combine a restoration plan and the
required NEPA analysis into a single document (33 CFR 990.23(a),
(c)(1)). In this case, the Final Phase II RP #3.2 does not include
integrated NEPA analysis. This is because prior to evaluation of the
Proposed MBSD Project by the Louisiana TIG as a restoration project
under OPA, the USACE CEMVN initiated scoping for the MBSD Project EIS
based on a permit application for the Project by CPRA. To increase
efficiency, reduce redundancy, and be consistent with Federal policy
and 40 CFR 1506.3, the four Federal Trustees in the Louisiana TIG
decided to participate as cooperating agencies in the development of a
single MBSD FEIS. As the lead agency, the USACE CEMVN has primary
responsibility for preparing the MBSD FEIS (40 CFR 1501.5(a)). The
Louisiana TIG has relied on the MBSD FEIS to evaluate potential
environmental effects of the MBSD Project and its alternatives
evaluated in the Final Phase II RP #3.2.
Based on review of the analysis and in accordance with 40 CFR
1506.3 (1978), each of the Federal trustees of the Louisiana TIG
adopted the MBSD FEIS to satisfy its independent NEPA requirements
related to its decision to fund and implement the selected MBSD Project
pursuant to OPA 15 CFR 990 et seq. Furthermore, based on our
determination of the sufficiency of the USACE's Final MBSD EIS, the
Federal agencies of the Louisiana TIG determined that it was
appropriate to adopt the Final MBSD EIS without the need for
recirculation in accordance with 40 CFR 1506.3 (1978).
Administrative Record
The documents included in the Administrative Record can be viewed
electronically at the following location: https://www.doi.gov/deepwaterhorizon/adminrecord.
The DWH Trustees opened a publicly available Administrative Record
for the NRDA for the Deepwater Horizon oil spill, including restoration
planning activities, concurrently with publication of the 2011 Notice
of Intent to Begin Restoration Scoping and Prepare a Gulf Spill
Restoration Planning PEIS (pursuant to 15 CFR 990.45). The
Administrative Record includes the relevant administrative records
since its date of inception. This Administrative Record is actively
maintained and available for public review and includes the
administrative record for the RP #3.2.
Authority
The authority of this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), the implementing NRDA regulations found at 15 CFR
part 990, and NEPA (42 U.S.C. 4321 et seq.).
Dated: February 1, 2023.
Carrie Diane Robinson,
Director, Office of Habitat Conservation, National Marine Fisheries
Service.
[FR Doc. 2023-02521 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-12-P
