[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77249-77250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26442]


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DEPARTMENT OF JUSTICE

DEPARTMENT OF THE INTERIOR

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), the Clean Water Act (CWA), and the Oil Pollution Act (OPA) 
and Notice of Availability of Draft Restoration Plan/Environmental 
Assessment of Restoration Project Incorporated Into Proposed Consent 
Decree

    On November 12, 2020, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Western 
District Washington in the lawsuit entitled United States of America, 
State of Washington, Suquamish Tribe, and Muckleshoot Indian Tribe v. 
City of Seattle, Civil Action No. 16-1486 (W.D. Wa.).
    The complaint asserts claims for natural resource damages by the 
United States on behalf of the National Oceanic and Atmospheric 
Administration and the Department of the Interior; the State of 
Washington; the Suquamish Tribe; and the Muckleshoot Indian Tribe 
(collectively, the ``Natural Resource Trustees'') pursuant to the 
section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9607(a); section 
311 of the Clean Water Act (CWA), 33 U.S.C. 1321; section 1002(b) of 
the Oil Pollution Act (OPA), 33 U.S.C. 2702(b); and the Washington 
Model Toxics Control Act (MTCA), RCW 70.105D.

[[Page 77250]]

    The proposed consent decree settles claims for natural resource 
damages caused by hazardous substances released from City of Seattle 
facilities along the Lower Duwamish Waterway. Under the proposed 
consent decree, the City of Seattle will purchase restoration credits 
in one or more projects approved by the Natural Resource Trustees to 
create habitat for injured natural resources, including various species 
of fish and birds. The City of Seattle also will establish conservation 
easements on parcels along the Lower Duwamish Waterway to ensure that 
restoration projects constructed on those parcels are preserved, and 
the City will pay approximately $91,000 of the Trustees' damage 
assessment costs. The City will also pay Bluefield Holdings, Inc., to 
operate and maintain a restoration project under the Trustees' 
oversight, and Bluefield will reimburse the Trustees' future oversight 
costs for this project. The Natural Resource Trustees will provide the 
City of Seattle with covenants not to sue under the statutes listed in 
the complaint and proposed consent decree for specified natural 
resource damages.
    The Natural Resource Trustees have developed a Draft Restoration 
Plan and Environmental Assessment (``RP/EA'') for Project 1, the 
restoration project incorporated into the Consent Decree that is being 
developed by Bluefield Holdings, Inc. The Draft RP/EA proposes to 
select Project 1 as one of the projects to address injuries to natural 
resources in the Lower Duwamish Waterway.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree and the Draft RP/EA. Comments on the 
proposed Consent Decree should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and should refer 
to United States, State of Washington, Suquamish Tribe, and Muckleshoot 
Indian Tribe v. City of Seattle, D.J. Ref. No. 90-11-3-07227/2. All 
comments must be submitted no later than thirty (30) days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $21.25 (without 
attachments) or $57.00 (with attachments) (25 cents per page 
reproduction cost) payable to the United States Treasury.
    The publication of this notice also opens a period for public 
comment on the Draft RP/EA. The Trustees will receive comments relating 
to the draft RP/EA for a period of thirty (30) days from the date of 
this publication. A copy of the Draft RP/EA is available electronically 
at https://www.fws.gov/wafwo/. A copy of the Draft RP/EA also may be 
obtained by mail from: Assistant Solicitor, Environmental Restoration 
Branch, Office of the Solicitor, U.S. Department of the Interior, 1849 
C Street NW, Washington, DC 20240.
    Please reference: Draft RP/EA related to United States et al. v. 
City of Seattle Consent Decree. When requesting a copy of the Draft RP/
EA please enclose a check in the amount of $7.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.
    Comments on the draft RP/EA may be submitted electronically to 
[email protected]. Additionally, written comments on the Draft RP/
EA should be addressed to: Jeff Krausmann, Washington Fish and Wildlife 
Office, U.S. Fish and Wildlife Service, 510 Desmond Drive SE, Suite 
102, Lacey, WA 98503-1263, [email protected].

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-26442 Filed 11-30-20; 8:45 am]
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