[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Notices]
[Pages 29304-29305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10141]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA44


Intent to Prepare a Programmatic Environmental Impact Statement, 
and Conduct Restoration Planning to Compensate for Injuries to Natural 
Resources in the Lower Duwamish River

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

[[Page 29305]]


ACTION: Notice of intent to prepare a programmatic environmental impact 
statement and restoration plan; request for comments; notice of public 
scoping meetings.

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SUMMARY: The NOAA, U.S. Fish and Wildlife Service, Washington State's 
Department of Ecology and the Department of Fish and Wildlife, 
Suquamish Tribe of Indians, Muckleshoot Tribe of Indians (all agencies 
and Indian Tribes are collectively referred to as the ``Trustees'') are 
providing notice of their efforts to plan restoration projects to 
compensate for injuries to natural resources in the Lower Duwamish 
River (River). The Trustees seek damages from potentially responsible 
parties (PRPs) to restore, rehabilitate, replace or acquire the 
equivalent of natural resources and services injured by the release of 
hazardous substances. The Trustees will prepare a programmatic 
environmental impact statement (PEIS) to identify and address the 
environmental impacts of the injuries, and they seek public involvement 
in development of a Draft Restoration Plan (RP). This notice explains 
the scoping process the Trustees will use to gather input from the 
public. Comments on what the Trustees should consider in the PEIS and 
RP may be submitted in written form or verbally at a public scoping 
meeting.

DATES: Preliminary public scoping meeting dates and times are scheduled 
as follows:
    1. June 6, 2007, from 6:30 p.m. to 8:30 p.m. in Seattle, WA.
    2. June 7, 2007, from 10 a.m. to 12 p.m. in Tukwila, WA.
    Written comments must be received by August 1, 2007.

ADDRESSES: Written comments on suggested alternatives and potential 
impacts should be sent to John Kern, NOAA Restoration Center, 7600 Sand 
Point Way NE, Seattle, WA 98115.
    The public scoping meetings will be held at the following 
locations:
    1. June 6, 2007 -- South Park Community Center, 8319 8\th\ Ave. S, 
Seattle, WA 98108.
    2. June 7, 2007 -- Tukwila Center, 12424 42\nd\ Ave. S, Tukwila, WA 
98168.

FOR FURTHER INFORMATION CONTACT: John Kern at 206-526-6029 or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: Under the Comprehensive Environmental 
Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et 
seq., parties responsible for releasing hazardous substances into the 
environment are liable both for the costs of responding to the release 
(by cleaning up, containing or otherwise remediating the release) and 
for damages arising from injuries to publicly owned or managed natural 
resources resulting from the release. Natural resource damage 
assessment (NRDA) is the process of assessing the nature and extent of 
the resulting injury, destruction or loss of natural resources and the 
services they provide. NRDA also includes the process of determining 
the compensation required to make the public whole for such injuries, 
destruction or loss. CERCLA authorizes certain federal and state 
agencies and Indian tribes to be designated as Trustees for affected 
natural resources. Under CERCLA these agencies and tribes are 
authorized to assess natural resource injuries and to seek compensation 
from responsible parties, including the costs of performing the damage 
assessment. The Trustees are required to use recovered damages only to 
restore, replace or acquire the equivalent of the injured or lost 
resources.
    Scientific literature and studies conducted by the Trustees 
elsewhere in Puget Sound have documented injuries from contaminants 
found in the Duwamish Waterway. Contractors for PRPs as part of the 
EPA-led remediation process have documented large quantities of 
hazardous substances that have contaminated extensive areas of the 
Duwamish Waterway. The Trustees' studies have demonstrated how the 
contamination has harmed both the organisms that inhabit the estuarine 
sediments, as well as fish and wildlife that come into contact with the 
contaminated sediments or that eat contaminated prey items.
    As restoration planning proceeds, the Trustees will take advantage 
of opportunities to settle natural resource damage claims with willing 
parties. By identifying criteria and guidance to be used in selecting 
feasible restoration projects, the plan will provide an ecological 
framework to maximize the benefits of specific restoration projects to 
the affected resources in the defined areas of the River.
    The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et 
seq., and the Council on Environmental Quality regulations implementing 
NEPA under 40 CFR chapter V apply to restoration actions by federal 
trustees. The purpose of the scoping process is to identify the 
concerns of the affected public and federal agencies, states, and 
Indian tribes, involve the public early in the decision making process, 
facilitate an efficient EA/EIS preparation process, define the issues 
and alternatives that will be examined in detail, and save time by 
ensuring that draft documents adequately address relevant issues. The 
scoping process reduces paperwork and delay by ensuring that important 
issues are addressed early.
    In compliance with 15 CFR 990.45, Trustees will prepare an 
Administrative Record (Record). The Record will include documents that 
the Trustees relied upon during the development of the RP and PEIS. 
After preparation, the Record will be on file at the NOAA Damage 
Assessment Center in Seattle, WA, and duplicate copies will be 
maintained at the following website: http://www.darp.noaa.gov/.
    A draft PEIS document will be released for public comment by Fall/
Winter, 2007. Specific dates and times for future events will be 
publicized when scheduled.

    Dated: May 21, 2007.
Patricia A. Montanio
Director, Office of Habitat Conservation, National Marine Fisheries 
Service.
[FR Doc. E7-10141 Filed 5-24-07; 8:45 am]
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