[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22811-22812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10008]



[[Page 22811]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE201


Notice of Availability of the Deepwater Horizon Oil Spill Texas 
Trustee Implementation Group Draft 2017 Restoration Plan and 
Environmental Assessment: Restoration of Wetlands, Coastal, and 
Nearshore Habitats; and Oysters

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

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 a Consent Decree with BP 
Exploration & Production Inc. (BP),\1\ the Deepwater Horizon Federal 
and State natural resource trustee agencies for the Texas Trustee 
Implementation Group (Texas TIG) have prepared a Draft 2017 Restoration 
Plan and Environmental Assessment: Restoration of Wetlands, Coastal, 
and Nearshore Habitats; and Oysters (Draft RP/EA). The Draft RP/EA 
describes and proposes restoration project alternatives considered by 
the Texas TIG to restore natural resources and ecological services 
injured or lost as a result of the Deepwater Horizon oil spill. The 
Texas TIG evaluated these alternatives under criteria set forth in the 
OPA natural resource damage assessment regulations, and also evaluated 
the environmental consequences of the restoration alternatives in 
accordance with NEPA. The proposed projects are consistent with the 
restoration alternatives selected in the Deepwater Horizon Oil Spill: 
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.
---------------------------------------------------------------------------

    \1\ Consent Decree among Defendant BP Exploration & Production 
Inc. (``BPXP''), the United States of America, and the States of 
Alabama, Florida, Louisiana, Mississippi, and Texas entered in In 
re: Oil Spill by the Oil Rig ``Deepwater Horizon'' in the Gulf of 
Mexico, on April 20, 2010, MDL No. 2179 in the United States 
District Court for the Eastern District of Louisiana.

DATES: The Texas TIG will consider public comments received on or 
before June 19, 2017.
    Public Meetings: The Texas TIG will host two public meetings to 
facilitate public review and comment on the Draft RP/EA. Both written 
and verbal public comments will be taken at each public meeting. The 
Texas TIG will hold an open house for each meeting followed by a formal 
meeting where the Texas TIG will take written and verbal public 
comments. Each public meeting will include a presentation of the Draft 
RP/EA. Public meetings will be held on June 7 and 8, 2017. The full 
meeting schedule is listed in SUPPLEMENTARY INFORMATION below.

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 below). 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;
     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 30 days following 
publication of this notice to be considered; or
     In Person: Written and oral comments may be submitted at 
public meetings on June 7 and 8, 2017 (see Invitation to Comment 
below).

FOR FURTHER INFORMATION CONTACT: 
     National Oceanic and Atmospheric Administration--Jamie 
Schubert, [email protected];
     Texas Parks and Wildlife Department--Don Pitts, 
[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 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 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 Federal and State natural resource trustees 
(DWH Trustees) conducted the natural resource damage assessment (NRDA) 
for the Deepwater Horizon oil spill under the Oil Pollution Act of 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, U.S. Fish and Wildlife Service, and Bureau of 
Land Management;
     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 damages claims with BP in a 
Consent Decree approved by the U.S. District Court for the Eastern 
District of Louisiana. Pursuant to that Consent Decree, restoration 
projects in the Texas Restoration Area are now chosen and managed by 
the Texas TIG. The Texas TIG is comprised of the following DWH 
Trustees:

[[Page 22812]]

     Texas Parks and Wildlife Department;
     Texas General Land Office;
     Texas Commission on Environmental Quality;
     U.S. Department of the Interior, as represented by 
National Park Service, U.S. Fish and Wildlife Service, and Bureau of 
Land Management;
     National Oceanic and Atmospheric Administration, on behalf 
of the U.S. Department of Commerce;
     U.S. Department of Agriculture; and
     U.S. Environmental Protection Agency.
    This restoration planning activity is proceeding in accordance with 
the PDARP/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 July 6, 2016, the Texas TIG posted a public notice at http://www.gulfspillrestoration.noaa.gov requesting new or revised proposals 
by August 31, 2016, regarding natural resource restoration in the Texas 
Restoration Area for the 2016-2017 planning years. The notice stated 
that the Texas TIG is prioritizing restoration planning efforts on 
Restoration Types that were not addressed previously by Early 
Restoration: (1) restore and conserve wetland, coastal, and nearshore 
habitats; (2) restore water quality through nutrient reduction 
(nonpoint source); and (3) replenish and protect oysters.

Overview of the Draft RP/EA

    The Draft RP/EA is being released in accordance with OPA, the OPA 
NRDA regulations in the Code of Federal Regulations (CFR) at 15 CFR 
part 990, and NEPA (42 U.S.C. 4321 et seq.).
    In the Draft RP/EA, the Texas TIG proposes preferred project 
alternatives for the following Restoration Types: (1) Wetland, coastal, 
and nearshore habitats; and (2) oysters. For the water quality 
(nonpoint source) Restoration Type, the Texas TIG has determined 
additional restoration planning is necessary, and does not propose any 
restoration projects in this Draft RP/EA.
    For wetland, coastal, and nearshore habitats, the Draft RP/EA 
proposes the following preferred project alternatives:
     Bird Island Cove Habitat Restoration Engineering,
     Essex Bayou Habitat Restoration Engineering,
     Dredged Material Planning for Wetland Restoration,
     McFaddin Beach and Dune Restoration,
     Bessie Heights Wetland Restoration,
     Pierce Marsh Wetland Restoration,
     Indian Point Shoreline Erosion Protection,
     Bahia Grande Hydrologic Restoration,
     Follets Island Habitat Acquisition,
     Mid-Coast Habitat Acquisition,
     Bahia Grande Coastal Corridor Habitat Acquisition, and
     Laguna Atascosa Habitat Acquisition.
    For oysters, the Draft RP/EA proposes Oyster Restoration 
Engineering as the preferred project alternative.
    The Draft RP/EA also evaluates a no action alternative. One or more 
alternatives may be selected for implementation by the Texas TIG.
    The Texas TIG has examined the injuries assessed by the DWH 
Trustees and evaluated restoration alternatives to address the 
injuries. In the Draft RP/EA, the Texas TIG presents to the public its 
draft plan for providing partial compensation to the public for injured 
natural resources and ecological services in the Texas 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. The total estimated cost 
of the proposed projects is $49,466,000. Additional restoration 
planning for the Texas Restoration Area will continue.

Next Steps

    The public is encouraged to review and comment on the Draft RP/EA. 
Public meetings are scheduled to facilitate the public review and 
comment process. After the close of the public comment period, the 
Texas TIG will consider and address the comments received before 
issuing a final RP/EA. A summary of comments received and the Texas 
TIG's responses and any revisions to the document, as appropriate, will 
be included in the final document.

Public Meeting Schedule

    The Texas TIG will conduct public meetings to provide information 
and seek input on the Draft RP/EA:
     June 7, 2017, at 6 p.m. at the Harte Research Institute 
for Gulf of Mexico Studies, Texas A&M University-Corpus Christi, 6300 
Ocean Drive, Corpus Christi, Texas 78412;
     June 8, 2017, at 6 p.m. at the Texas A&M AgriLife 
Extension Service, Galveston County Office, 4102-B Main Street (FM 
519), La Marque, Texas 77568.
    Written and oral comments on the Draft RP/EA may be submitted at 
the public meetings. Persons with disabilities may request special 
accommodations at the public meeting by contacting the Texas TIG by 
July 1, 2017 (see FOR FURTHER INFORMATION CONTACT above).

Invitation to Comment

    The Texas TIG seeks public review and comment on the Draft RP/EA 
(see ADDRESSES above). Before including your address, telephone number, 
email address, or other personal identifying information in your 
comment, please be aware that your entire comment, including your 
personal identifying information, will become part of the public 
record.

Administrative Record

    The documents comprising the Administrative Record for the Draft 
RP/EA can be viewed electronically at http://www.doi.gov/deepwaterhorizon/adminrecord.

Authority

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

    Dated: May 12, 2017.
Christopher Meaney,
Acting Deputy Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 2017-10008 Filed 5-17-17; 8:45 am]
 BILLING CODE 3510-22-P