[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Notices]
[Pages 17975-17976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07349]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE201


Notice of Availability of the Alabama Trustee Implementation 
Group Final Recreational Use Restoration Plan I and Final Environmental 
Impact Statement

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

ACTION: Notice of availability of the Alabama Trustee Implementation 
Group Final Recreational Use Restoration Plan I and Final Environmental 
Impact Statement.

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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 Alabama Trustee 
Implementation Group (Alabama TIG) have prepared a Final Restoration 
Plan I and Environmental Impact Statement: Provide and Enhance 
Recreational Opportunities (Final RP/EIS). The Final RP/EIS describes 
the restoration project alternatives considered by the Alabama TIG to 
compensate for recreational shoreline use lost as a result of the 
Deepwater Horizon oil spill. The Alabama TIG evaluated these 
alternatives under criteria set forth in the OPA natural resource 
damage assessment (NRDA) regulations, and also evaluated the 
environmental consequences of the restoration alternatives in 
accordance with NEPA. The purpose of this notice is to inform the 
public of the availability of the Final RP/EIS.

ADDRESSES: Obtaining Documents: You may download the Final RP/EIS at 
http://www.gulfspillrestoration.noaa.gov. Alternatively, you may 
request a CD of the Final RP/EIS (see FOR FURTHER INFORMATION CONTACT). 
You may also view the document at any of the public facilities listed 
at http://www.gulfspillrestoration.noaa.gov.

FOR FURTHER INFORMATION CONTACT: 
     NOAA--Dan Van Nostrand, [email protected].
     AL--Amy Hunter, [email protected].

SUPPLEMENTARY INFORMATION: 

Introduction

    On 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), 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 oil spill in 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 was also released to the 
environment as a result of the spill.
    The Deepwater Horizon State and Federal natural resource trustees 
(DWH Trustees) conducted 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, as represented by the 
National Park Service and U.S. Fish and Wildlife Service;
     National Oceanic and Atmospheric Administration, on behalf 
of the U.S. Department of Commerce;
     U.S. Department of Agriculture;
     U.S. Environmental Protection Agency;
     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 \1\ approved by the United States District Court for the 
Eastern District of Louisiana. Pursuant to that Consent Decree, 
restoration projects in Alabama are now chosen and managed by the 
Alabama TIG. The Alabama TIG is composed of the following Trustees:
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    \1\ https://www.justice.gov/enrd/file/838066/download.
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     U.S. Department of the Interior, as represented by the 
National Park Service and U.S. Fish and Wildlife Service;
     National Oceanic and Atmospheric Administration, on behalf 
of the U.S. Department of Commerce;
     U.S. Department of Agriculture;
     U.S. Environmental Protection Agency;
     State of Alabama Department of Conservation and Natural 
Resources; and
     Geological Survey of Alabama.
    This restoration planning activity is proceeding in accordance with 
the Deepwater Horizon Oil Spill: Final Programmatic Damage Assessment 
and Restoration Plan and Final

[[Page 17976]]

Programmatic Environmental Impact Statement (PDARP/PEIS). Information 
on the Restoration Type: Provide and Enhance Recreational 
Opportunities, as well as the OPA criteria against which project ideas 
are being evaluated, can be found 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).
    This restoration planning activity is occurring, in part, in 
accordance with the February 16, 2016, decision in Gulf Restoration 
Network v. Jewell, Case 1:15-cv-00191-CB-C (S.D. Ala.), in which the 
court enjoined the use of Deepwater Horizon early restoration funds 
that had been allocated to partially fund construction of a lodge and 
conference center at Alabama's Gulf State Park as part of the Gulf 
State Park Enhancement Project, pending additional analysis under NEPA 
and OPA. This restoration planning activity fulfills the Federal and 
State natural resource trustees' responsibilities under this court 
order while looking more broadly at the potential to provide 
restoration for lost recreational shoreline use within Alabama.

Background

    On July 6, 2016, the Alabama TIG initiated a 30-day formal scoping 
and public comment period for this Final RP/EIS (81 FR 44007-44008) 
through a Notice of Intent (NOI) to Prepare a RP/EIS, and to Conduct 
Scoping. The Alabama TIG conducted the scoping in accordance with OPA 
(15 CFR 990.14(d)), NEPA (40 CFR 1501.7), and State authorities. That 
NOI requested public input to identify restoration approaches and 
restoration projects that could be used to compensate the public for 
lost recreational use opportunities in Alabama caused by the Deepwater 
Horizon oil spill in the Gulf of Mexico.
    Notice of availability of the Draft RP/EIS was published in the 
Federal Register on December 16, 2016 (81 FR 91138). The Draft RP/EIS 
provided the Alabama TIG's analysis of projects to address lost 
recreational shoreline use under both OPA and NEPA and identified the 
projects that were proposed as preferred for implementation. The 
Alabama TIG provided the public with 45 days to review and comment on 
the Draft RP/EIS. The Alabama TIG also held public meetings in Dauphin 
Island, AL, and Gulf Shores, AL, to facilitate public understanding of 
the document and provide opportunity for public comment. The Alabama 
TIG actively solicited public input through a variety of mechanisms, 
including convening public meetings, distributing electronic 
communications, and using the Trustee-wide public Web site and database 
to share information and receive public input. The Alabama TIG 
considered the public comments received, which informed the Alabama 
TIG's analysis of alternatives in the Final RP/EIS. A summary of the 
public comments received and the Alabama TIG's responses to those 
comments are addressed in Chapter 9 of the Final RP/EIS and all 
correspondence received are provided Appendix B.

Overview of the Final PDARP/PEIS

    The Final RP/EIS is being released in accordance with the OPA, the 
NRDA regulations found at 15 CFR part 990, and the NEPA (42 U.S.C. 4321 
et seq.).
    In the Final RP/EIS, the Alabama TIG presents to the public their 
plan for providing for compensation for lost recreational shoreline use 
in Alabama. The Final RP/EIS presents ten individual restoration 
alternatives, including a no action alternative, evaluated in 
accordance with OPA and NEPA. The ten alternatives under the Final RP/
EIS are as follows:

 Alternative 1 (Preferred Alternative): Gulf State Park Lodge 
and Associated Public Access Amenities
 Alternative 2 (Preferred Alternative): Fort Morgan Pier 
Rehabilitation
 Alternative 3: Fort Morgan Peninsula Public Access 
Improvements
 Alternative 4: Gulf Highlands Land Acquisition and 
Improvements
 Alternative 5 (Preferred Alternative): Laguna Cove Little 
Lagoon Natural Resource Protection
 Alternative 6 (Preferred Alternative): Bayfront Park 
Restoration and Improvements
 Alternative 7 (Preferred Alternative): Dauphin Island Eco-
Tourism and Environmental Education Area
 Alternative 8: Mid-Island Parks and Public Beach Improvements 
(Parcels A, B, and C)
 Alternative 9: (Preferred Alternative): Mid-Island Parks and 
Public Beach Improvements (Parcels B and C)
 Alternative 10: No Action/Natural Recovery

    The Alabama TIG has examined and assessed the extent of injury and 
the restoration alternatives. In the Final RP/EIS, the Alabama TIG 
presents to the public its plan for providing partial compensation to 
the public for lost recreational use in Alabama. In particular, it 
considers restoration approaches to help restore, replace, 
rehabilitate, or acquire the equivalent of the lost recreational 
shoreline uses in Alabama. The Alabama TIG believes that the preferred 
alternatives in this Final RP/EIS are most appropriate for addressing 
lost recreational shoreline use in Alabama at this time. Additional 
restoration planning for lost recreational use in Alabama will occur at 
a later time.

Next Steps

    In accordance with NEPA, a Federal agency must prepare a concise 
public Record of Decision (ROD) at the time the agency makes a decision 
in cases involving an EIS (40 CFR 1505.2). The Trustees will issue a 
ROD pursuant to the NEPA regulations at 40 CFR 1505.2 and OPA 
regulations at 15 CFR 990.23. The ROD for the Final RP/EIS will provide 
and explain the Alabama TIG's decisions regarding the selection of the 
alternatives for implementation. The Alabama TIG will issue the ROD no 
earlier than 30 days after the Environmental Protection Agency 
publishes a notice in the Federal Register announcing the availability 
of the Final RP/EIS (40 CFR 1506.10).

Administrative Record

    The documents included in the Administrative Record can be viewed 
electronically at the following location: http://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.

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: April 6, 2017.
Carrie Selberg,
Deputy Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 2017-07349 Filed 4-13-17; 8:45 am]
 BILLING CODE 3510-22-P