[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Notices]
[Page 64360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31854]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Settlement Agreement on the R/V Columbus Iselin 
Grounding Between the United States on Behalf of the National Oceanic 
and Atmospheric Administration (NOAA) and the University of Miami

AGENCY: The U.S. Department of Justice of behalf of NOAA, Department of 
Commerce.

ACTION: Notice of settlement between the United States, on behalf of 
NOAA acting as the natural resource trustee, and the University of 
Miami.

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SUMMARY: The United States, on behalf of NOAA, and the University of 
Miami (collectively referred to as the ``Parties'') enter into this 
Settlement Agreement (``Agreement'') to settle civil claims for damages 
for injury to Sanctuary resources, civil penalties, response costs, and 
forfeiture arising from the August 10 to 12, 1994, grounding of the R/V 
COLUMBUS ISELIN (``ISELIN'') in the Looe Key National Marine Sanctuary, 
now part of the Florida Keys National Marine Sanctuary. This settlement 
is entered into by the Parties pursuant to section 312 of the National 
Marine Sanctuaries Act (NMSA), 16 U.S.C. Sec. 1431 et seq.

Proposed Action

    Notice is hereby given that on November 22, 1997 a settlement has 
been entered into between the Parties to resolve claims against the 
University of Miami and the R/V COLUMBUS ISELIN for destruction or loss 
of, or injury to, Sanctuary resources pursuant to section 312 of the 
NMSA, as amended, as a result of the August 10 to 12, 1994, grounding 
of the R/V COLUMBUS ISELIN in the Looe Key National Marine Sanctuary. 
The Agreement provides for cash payments to NOAA for implementation of 
structural and biological restoration of the grounding site, 
compensatory restoration, and long term monitoring, and to reimburse 
NOAA for damage assessment costs and emergency response costs incurred 
by NOAA.

A. Cash Payments

    (1) The University of Miami shall pay to NOAA, two million and nine 
hundred thousand dollars ($2,900,000.00). This sum will pay for the 
implementation of restoration, monitoring, damage assessment costs, 
compensatory restoration for interim losses of sanctuary resources, 
permitting and environmental compliance costs, as a result of the 
ISELIN grounding. (2) The amount identified in A. (1) above is in 
addition to payment already received by NOAA from the University of 
Miami in the amounts of: (a) Two hundred thousand dollars ($200,000) in 
civil penalties; (b) one hundred and forty six thousand, forty seven 
dollars and sixty cents ($146,047.60); and one hundred and fourteen 
thousand, ninety nine dollars and seventy-seven cents ($114,099.77) for 
response and damage assessment costs; and (c) six hundred thousand 
dollars ($600,000.00) for restoration planning.

B. Use of Funds

    (1) Restoration of Natural Resources. Funds received by NOAA 
identified in A.(1) above will be used for (a) structural and 
biological restoration of coral reef injured at the grounding site, (b) 
biological monitoring, (c) off-site compensatory restoration, and (d) 
project management and oversight. Restoration activities at the 
grounding site will include: (i) Stabilizing the underlying physical 
structure of the coral reef habitat; (ii) re-creating the physical 
structure of the coral reef habitat; and, (iii) enhancing the rate of 
recovery of the biological community through the transplantation of 
coral, sponges, and sea fans. Biological monitoring will be used to 
evaluate the effectiveness of the restoration at the site and design 
any mid-course corrections to those restoration measures. Off-site 
compensatory restoration projects will be designed to enhance the long-
term health of the coral reefs. The projects will include field and 
lab-based methods for enhancing the recovery rates of coral and other 
benthic invertebrates through the transplantation and culture of corals 
and benethic invertebrates. Projects also will be designed to minimize 
the risk of future major vessel groundings in the vicinity of coral 
reef habitats.
    (2) Restoration of Cultural Resources. Artifacts which were 
dislodged by the vessel during the grounding and subsequent rubble and 
ship debris removal activities have been conserved by NOAA. The parties 
agree that NOAA shall be the permanent custodian and conservator of the 
cultural resources. Funds received from the University will reimburse 
NOAA for costs incurred to conserve the artifacts as well as to ensure 
long-term curation.
    (3) Reimbursement of Costs Incurred by the Government. Funds 
identified in A.(2) above will be used to reimburse NOAA for costs 
incurred for emergency response activities during the grounding, rubble 
and ship debris removal, and damage assessment costs.

Public Comment

    NOAA will receive comments from the public on the settlement 
agreement for a period of thirty (30) days from the date of this 
publication. Comments on the settlement agreement should be addressed 
to Sharon Shutler, Office of General Counsel for Natural Resources, 
NOAA, 1315 East-West Highway, SSMC#3, Silver Spring, MD 20910-3282.

Effective Date of the Agreement.

    The effective of the settlement agreement will be upon completion 
of the public comment period, notification to the University from NOAA 
that it has accepted the settlement agreement, and payment by the 
University to NOAA of $2.9 million. Payment from the University will be 
made within 15 days of receipt of such notice.
    For Further Information Contact: Copies of the settlement agreement 
may be obtained from Harriet Sopher, Sanctuaries and Reserves Division, 
National Ocean Service, NOAA, SSMC#4, 11th floor, 1305 East-West 
Highway, Silver Spring, MD 20910; or Billy Causey, Marathon office of 
the Florida Keys National Marine Sanctuary, P.O. Box 500368, 5550 
Overseas Highway, Main House, Marathon, FL 33050.

    Dated: November 22, 1997.
Monica Medina,
General Counsel, National Oceanic and Atmospheric Administration, U.S. 
Department of Commerce.
[FR Doc. 97-31854 Filed 12-4-97; 8:45 am]
BILLING CODE 3510-08-M