[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 29019-29021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11945]


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

DEPARTMENT OF THE INTERIOR

[FWS-R4-FHC-2015-N088: FVHC98210408710-XXX-FF04G01000]


Deepwater Horizon Oil Spill; Draft Phase IV Early Restoration 
Plan and Environmental Assessments

AGENCY: Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the 
National Environmental Policy Act (NEPA), and the Framework Agreement 
for Early Restoration Addressing Injuries Resulting from the Deepwater 
Horizon Oil Spill, the Federal and State natural resource trustee 
agencies (Trustees) have prepared a Draft Phase IV Early Restoration 
Plan and Environmental Assessments (Draft Phase IV ERP/EA) describing 
and proposing a suite of early restoration projects intended to 
continue the process of restoring natural resources and services 
injured or lost as a result of the Deepwater Horizon oil spill, which 
occurred on or about April 20, 2010, in the Gulf of Mexico. The Draft 
Phase IV ERP/EA proposes 10 early restoration projects that are 
consistent with the early restoration program alternatives selected in 
the Final Phase III Early Restoration Plan/Programmatic Environmental 
Impact Statement (Phase III ERP/PEIS). The Draft Phase IV ERP/EA also 
includes a notice of change and supporting analysis for one Phase III 
Early Restoration Project, ``Enhancement of Franklin County Parks and 
Boat Ramps--Eastpoint Fishing Pier Improvements.'' The purpose of this 
notice is to inform the public of the availability of the Draft Phase 
IV ERP/EA and to seek public comments on the 10 proposed early 
restoration projects and supporting analysis.

DATES: Comments Due Date: We will consider public comments received on 
or before June 19, 2015.
    Public Meetings: The Trustees have scheduled a series of public 
meetings to facilitate public review and comment on the Draft Phase IV 
ERP/EA. Both written and verbal comments will be taken at each public 
meeting. The Trustees will hold an open house for each meeting followed 
by a formal meeting. Each public meeting will include a presentation of 
the Draft Phase IV ERP/EA. The public meeting schedule is as follows:

------------------------------------------------------------------------
             Date                      Time               Location
------------------------------------------------------------------------
Tuesday, June 2, 2015.........  6:00 p.m. Open     Crowne Plaza
                                 House.             Pensacola Grand
                                6:30 p.m. Public    Hotel, 200 East
                                 Meeting.           Pensacola Street,
                                                    Pensacola, FL.
Wednesday, June 3, 2015.......  6:00 p.m. Open     Renaissance Mobile
                                 House.             Riverview Plaza
                                6:30 p.m. Public    Hotel, 64 South
                                 Meeting.           Water Street,
                                                    Mobile, AL.
Thursday, June 4, 2015........  6:00 p.m. Open     University of
                                 House.             Southern
                                6:30 p.m. Public    Mississippi, FEC
                                 Meeting.           Auditorium, 730 East
                                                    Beach Boulevard,
                                                    Long Beach, MS.
Monday, June 8, 2015..........  6:00 p.m. Open     Belle Chasse
                                 House.             Auditorium, 8398
                                6:30 p.m. Public    Louisiana 23, Belle
                                 Meeting.           Chasse, LA 70037.
Wednesday, June 10, 2015......  6:00 p.m. Open     Texas A&M University
                                 House.             at Galveston,
                                6:30 p.m. Public    Seawolf Parkway on
                                 Meeting.           Pelican Island,
                                                    Auditorium,
                                                    Galveston, TX.
Thursday, June 11, 2015.......  6:00 p.m. Open     Harte Research
                                 House.             Institute for Gulf
                                6:30 p.m. Public    of Mexico Studies,
                                 Meeting.           Texas A&M University
                                                    at Corpus Christi,
                                                    6300 Ocean Drive,
                                                    Corpus Christi, TX.
------------------------------------------------------------------------


[[Page 29020]]


ADDRESSES: 
    Obtaining Documents: You may download the Draft Phase IV ERP/EA at: 
http://www.gulfspillrestoration.noaa.gov or http://www.doi.gov/deepwaterhorizon. Alternatively, you may request a CD of the Draft 
Phase IV ERP/EA (see FOR FURTHER INFORMATION CONTACT). You may also 
view the document at any of the public facilities listed at http://www.gulfspillrestoration.noaa.gov.
    Submitting Comments: You may submit comments on the Draft Phase IV 
ERP/EA by one of following methods:
     Via the Web: http://www.gulfspillrestoration.noaa.gov.
     Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 
49567, Atlanta, GA 30345.

FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at 
[email protected].

SUPPLEMENTARY INFORMATION:

Introduction

    On or about 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 Deepwater Horizon oil spill is the 
largest 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 are conducting the natural resource damage assessment 
for the Deepwater Horizon 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. 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. Pursuant to the process articulated in the Framework for 
Early Restoration Addressing Injuries Resulting from the Deepwater 
Horizon Oil Spill (Framework Agreement), the Trustees previously 
selected, and BP agreed to fund, a total of 54 early restoration 
projects, expected to cost a total of approximately $700 million, 
through the Phase I Early Restoration Plan/Environmental Assessment 
(Phase I ERP/EA), Phase II Early Restoration Plan/Environmental Review 
(Phase II ERP/ER), and the Programmatic and Phase III Early Restoration 
Plan and Early Restoration Programmatic Environmental Impact Statement 
(Phase III ERP/PEIS). These plans are available at: http://www.gulfspillrestoration.noaa.gov/restoration/early-restoration/.
    The 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. Department of Defense (DOD); \1\
---------------------------------------------------------------------------

    \1\ Although a trustee under OPA by virtue of the proximity of 
its facilities to the Deepwater Horizon oil spill, DOD is not a 
member of the Trustee Council and does not currently participate in 
Trustee decision making.
---------------------------------------------------------------------------

     U.S. Environmental Protection Agency (USEPA);
     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
     For the State of Texas: Texas Parks and Wildlife 
Department, Texas General Land Office, and Texas Commission on 
Environmental Quality.

Background

    On April 20, 2011, BP agreed to provide up to $1 billion toward 
early restoration projects in the Gulf of Mexico to address injuries to 
natural resources caused by the Deepwater Horizon oil spill. The 
Framework Agreement represents a preliminary step toward the 
restoration of injured natural resources and is intended to expedite 
the start of restoration in the Gulf in advance of the completion of 
the injury assessment process. The Framework Agreement provides a 
mechanism through which the Trustees and BP can work together ``to 
commence implementation of early restoration projects that will provide 
meaningful benefits to accelerate restoration in the Gulf as quickly as 
practicable'' prior to the resolution of the Trustees' natural resource 
damages claim. Early restoration is not intended to and does not fully 
address all injuries caused by the Deepwater Horizon oil spill. 
Restoration beyond early restoration projects will be required to fully 
compensate the public for natural resource losses, including 
recreational use losses, from the Deepwater Horizon oil spill.
    The Trustees actively solicited public input on restoration project 
ideas through a variety of mechanisms, including public meetings, 
electronic communication, and creation of a Trustee-wide public Web 
site and database to share information and receive public project 
submissions. Their key objective in pursuing early restoration is to 
secure tangible recovery of natural resources and natural resource 
services for the public's benefit while the longer term process of 
fully assessing injury and damages is under way. The Trustees released 
the Phase I ERP/EA in April 2012 and the Phase II ERP/ER in December 
2012 after public review of drafts of those documents. After public 
review, the Trustees released the Phase III ERP/PEIS on June 26, 2014. 
Subsequently, the Trustees approved the Phase III ERP/PEIS in a Record 
of Decision on October 31, 2014.
    The Trustees are proposing 10 additional early restoration projects 
in Phase IV to address injuries from the Deepwater Horizon oil spill. 
The 10 projects proposed in this Draft Phase IV ERP/EA are consistent 
with the Programmatic ERP and PEIS included in the Final Phase III ERP/
PEIS previously developed by the Trustees. The Trustees are proposing 
these projects at this time while continuing to work with BP to develop 
additional early restoration projects in accordance with the Framework 
Agreement. The Draft Phase IV ERP/EA is not intended to and does not 
fully address all injuries caused by the spill or provide the extent of 
restoration needed to make the public and the environment whole.

[[Page 29021]]

Overview of the Draft Phase IV ERP/EA

    The Draft Phase IV ERP/EA is being released in accordance with the 
Oil Pollution Act (OPA), the Natural Resources Damage Assessment (NRDA) 
regulations found in the Code of Federal Regulations (CFR) at 15 CFR 
990, the National Environmental Policy Act (42 U.S.C. 4321 et seq.), 
and the Framework for Early Restoration Addressing Injuries Resulting 
from the Deepwater Horizon Oil Spill.
    The Trustees are considering 10 projects in the Draft Phase IV ERP/
EA. The total estimated cost for proposed Phase IV projects is 
approximately $134 million. Details on the proposed projects are 
provided in the Draft Phase IV ERP/EA. The Draft Phase IV ERP/EA also 
includes a notice of change and supporting analysis for one Phase III 
Early Restoration Project, ``Enhancement of Franklin County Parks and 
Boat Ramps--Eastpoint Fishing Pier Improvements.''
    The proposed restoration projects are intended to continue the 
process of using early restoration funding to restore natural 
resources, ecological services, and recreational use services injured 
or lost as a result of the Deepwater Horizon oil spill. The Trustees 
considered hundreds of projects leading to the identification of these 
10 projects and considered both ecological and recreational use 
restoration projects to restore injuries caused by the Deepwater 
Horizon oil spill, addressing both the physical and biological 
environment, as well as the relationship people have with the 
environment.
    Early restoration actions are not intended to provide the full 
extent of restoration needed to make the public and the environment 
whole. The Trustees anticipate that additional early restoration 
projects will be proposed in the future as the early restoration 
process continues.

Next Steps

    As described above, public meetings are scheduled to facilitate the 
public review and comment process. After the public comment period 
ends, the Trustees will consider and address the comments received 
before issuing a Final Phase IV Early Restoration Plan and 
Environmental Assessments (Final Phase IV ERP/EA). After issuing a 
Final Phase IV ERP/EA, the Trustees will file negotiated stipulations 
for approved projects with the court. Approved projects will then 
proceed to implementation, pending compliance with all applicable State 
and Federal laws.

Invitation to Comment

    The Trustees seek public review and comment on the 10 proposed 
early restoration project and supporting analysis included in the Draft 
Phase IV ERP/EA. 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.

Administrative Record

    The documents comprising the Administrative Record can be viewed 
electronically at the following location: http://www.doi.gov/deepwaterhorizon.

Authority

    The authority of this action is the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.) and the implementing Natural Resource Damage 
Assessment regulations found at 15 CFR 990.

Cynthia K. Dohner,
DOI Authorized Official.
[FR Doc. 2015-11945 Filed 5-19-15; 8:45 am]
BILLING CODE 4310-55-P