[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95106-95108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31064]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS 2016-0013]


Notice of Availability of the Mississippi Trustee Implementation 
Group Draft 2016-2017 Restoration Plan/Environmental Assessment for 
Review and Public Comment

AGENCY: Natural Resources Conservation Service (NRCS).

ACTION: Notice of availability; request for comments.

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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the 
National Environmental Policy Act (NEPA), the Deepwater Horizon Federal 
and State natural resource trustee agencies for the Mississippi Trustee 
Implementation Group (MS TIG) have prepared a Draft 2016-2017 
Restoration Plan/Environmental Assessment (Draft RP/EA). The Draft RP/
EA describes and proposes restoration project alternatives and proposed 
projects considered by the MS TIG to restore natural resources and 
ecological services injured or lost as a result of the Deepwater 
Horizon oil spill. The proposed projects are consistent with the 
restoration alternatives selected in the Final Programmatic Damage 
Assessment and Restoration Plan/Programmatic Environmental Impact 
Statement (PDARP/PEIS). The purpose of this notice is to inform the 
public of the availability of the Draft RP/EA and to seek public 
comments on the document.

DATES: Effective Date: This is effective December 27, 2016. Comments 
Date: Submit comments on or before February 10, 2017.

[[Page 95107]]


ADDRESSES: Obtaining Documents: You may download the Draft RP/EA at 
http://www.gulfspillrestoration.noaa.gov. Alternatively, you may 
request a CD of the Draft RP/EA (see FOR FURTHER INFORMATION CONTACT). 
Also, you may 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 RP/EA by 
one of following methods:
     Via the Web: http://www.gulfspillrestoration.noaa.gov or
     Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 
49567, Atlanta, Georgia 30345. Please note that mailed comments must be 
postmarked on or before the comment deadline of February 10, 2017 to be 
considered.

FOR FURTHER INFORMATION CONTACT: Mississippi--Tabatha Baum, 
[email protected].

SUPPLEMENTARY INFORMATION:

Introduction

    On April 20, 2010, the mobile offshore drilling unit Deepwater 
Horizon that was being used to drill a well for BP Exploration and 
Production Inc. (BP) in the Macondo prospect (Mississippi Canyon 252--
MC252) exploded, caught fire, and subsequently sank 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 maritime oil spill in United 
States (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 also 
was released to the environment as a result of the spill.
    The Deepwater Horizon State and Federal natural resource trustees 
(DWH Trustees) conducted the natural resource damage assessment (NRDA) 
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.
    The DWH Trustees are:
     U.S. Department of the Interior (DOI), as represented by 
the National Park Service (NPS), U.S. Fish and Wildlife Service (FWS), 
and Bureau of Land Management (BLM);
     National Oceanic and Atmospheric Administration (NOAA), on 
behalf of the U.S. Department of Commerce (DOC);
     U.S. Department of Agriculture (USDA);
     U.S. Department of Defense (DOD); \1\
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    \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 participate in DWH 
Trustee decision-making.
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     U.S. Environmental Protection Agency (EPA);
     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.
    Upon completion of the NRDA, the DWH Trustees reached and finalized 
a settlement of their natural resource damage claims with BP in a 
Consent Decree \2\ approved by the U.S. District Court for the Eastern 
District of Louisiana. Pursuant to that Consent Decree, restoration 
projects in the Mississippi Restoration Area are now chosen and managed 
by MS TIG.
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    \2\ https://www.justice.gov/enrd/file/838066/download.
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    MS TIG is composed of the following Trustees:
     Mississippi Department of Environmental Quality;
     DOI, as represented by NPS, USFWS, and BLM;
     NOAA, on behalf of the U.S. DOC;
     USDA;
     EPA;
    This restoration planning activity is proceeding in accordance with 
the Deepwater Horizon Oil Spill: Final Programmatic Damage Assessment 
and Restoration Plan (PDARP) and Final Programmatic Environmental 
Impact Statement (PEIS). Information on the restoration types being 
considered in the Draft RP/EA, as well as the OPA criteria against 
which project ideas are being evaluated, can be viewed in the PDARP/
PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan) and in the Overview of the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan).

Background

    On May 27, 2016, MS TIG published a notice to invite public input 
regarding natural resource restoration opportunities in the Mississippi 
Restoration Area for the 2016-2017 planning years. The notice indicated 
a focus on the following range of potential restoration types that may 
have benefits to living coastal and marine resources: Restoration of 
Wetlands, Coastal and Nearshore Habitats, restoration of water quality 
through Nutrient Reduction (Nonpoint source), restoration of Birds, and 
restoration of Oysters. Because there are several ongoing or completed 
projects benefitting oysters and secondary productivity in the 
Mississippi Restoration Area, MS TIG chose not to prioritize the oyster 
restoration type in this Draft RP/EA.
    On October 31, 2016, MS TIG published a Notice of Initiation for 
Restoration Plan Drafting in Mississippi indicating its intent to focus 
on the following restoration types:

 Wetlands, Coastal and Nearshore Habitats
 Nutrient Reduction (nonpoint source)
 Birds

Overview of the Draft RP/EA

    The Draft RP/EA is being released in accordance with the OPA, NRDA 
regulations in the Code of Federal Regulations (CFR) at 15 CFR part 
990, and the NEPA (42 U.S.C. 4321 et seq.).
    For the Draft RP/EA, MS TIG proposes moving forward with the 
following two preferred alternatives and proposed projects within the 
Wetlands, Coastal and Nearshore Habitat and Birds Restoration Types: 
(1) Graveline Bay Land Acquisition and Management and (2) Grand Bay 
Land Acquisition and Habitat Management. MS TIG also proposes the 
following preferred alternative and proposed project within the 
Nutrient Reduction (Nonpoint Source) Restoration Type: Upper Pascagoula 
River Water Quality Enhancement. RP/EA also evaluates a no action 
alternative. One or more

[[Page 95108]]

alternatives may be selected for implementation by MS TIG.
    MS TIG has examined and assessed the extent of injury and the 
restoration alternatives. In the Draft RP/EA, MS TIG presents to the 
public its draft plan for providing partial compensation to the public 
for natural resources and ecological services in the Mississippi 
Restoration Area. The proposed projects are intended to continue the 
process of restoring natural resources and ecological services injured 
or lost as a result of the Deepwater Horizon oil spill. Additional 
restoration planning for the Mississippi Restoration Area will 
continue.

Next Steps

    The public is encouraged to review and comment on the Draft RP/EA. 
After the close of the public comment period, MS TIG will consider and 
address the comments received before issuing a final RP/EA. A summary 
of comments received and MS TIG's responses will be included in the 
final document.

Invitation to Comment

    MS TIG seeks public review and comment on the Draft RP/EA. Before 
including your address, telephone 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 publicly available at any time.

Administrative Record

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

Authority

    The authority of this action is the OPA of 1990 (33 U.S.C. 2701 et 
seq.) and the implementing NRDA regulations found at 15 CFR part 990.

    Signed this 20th day of December 2016, in Washington, DC.
Jason A. Weller,
Chief, Natural Resources Conservation Service.
[FR Doc. 2016-31064 Filed 12-23-16; 8:45 am]
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