[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Pages 34273-34274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13876]


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DEPARTMENT OF THE INTERIOR

[FWS-R4-ES-2021-N165; FVHC98220410150-XXX-FF04H00000]


Florida Trustee Implementation Group Deepwater Horizon Oil Spill 
Final Restoration Plan 2 and Environmental Assessment: Habitat Projects 
on Federally Managed Lands, Sea Turtles, Marine Mammals, Birds, and 
Provide and Enhance Recreational Opportunities; and Finding of No 
Significant Impact

AGENCY: Department of the Interior.

ACTION: Notice of availability.

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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA); the 
National Environmental Policy Act of 1969 (NEPA); the Final 
Programmatic Damage Assessment Restoration Plan and Final Programmatic 
Environmental Impact Statement (Final PDARP/PEIS) and Record of 
Decision; and the Consent Decree, the Federal and State natural 
resource trustee agencies for the Florida Trustee Implementation Group 
(FL TIG) have prepared the Florida Trustee Implementation Group Final 
Restoration Plan 2 and Environmental Assessment: Habitat Projects on 
Federally Managed Lands; Sea Turtles; Marine Mammals; Birds; and 
Provide and Enhance Recreational Opportunities (Final RP2/EA), and 
Finding of No Significant Impact (FONSI). In the Final RP2/EA, the FL 
TIG analyzed projects to help restore injured habitats, sea turtles, 
marine mammals, and birds, and to compensate for lost recreational use 
in the Florida Restoration Area as a result of the Deepwater Horizon 
(DWH) oil spill. The Final RP2/EA describes and, in conjunction with 
the associated FONSI, selects the preferred restoration projects 
considered by the FL TIG to partially restore natural resources and 
ecological services injured or lost as a result of the Deepwater 
Horizon oil spill. The approximate cost to implement the FL TIG's 
proposed action is $62,000,000. The purpose of this notice is to inform 
the public of the availability of the Final RP2/EA and FONSI.

ADDRESSES: Obtaining Documents: You may download the Final RP2/EA from 
either of the following websites:

 https://www.doi.gov/deepwaterhorizon
 https://www.gulfspillrestoration.noaa.gov/restoration-areas/florida

    Alternatively, you may request a CD of the Final RP2/EA (see FOR 
FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at 
[email protected] or 678-296-6805, or via the Federal Relay 
Service at 800-877-8339.

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), 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 DWH oil spill is the largest offshore 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 conducted the natural resource damage assessment 
(NRDA) for the DWH 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. The 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 to 
baseline (the resource quality and conditions that would exist if the 
spill had not occurred). This includes the loss of use and services 
provided by those resources from the time of injury until the 
completion of restoration.
    The DWH 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. 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
     State of Texas: Texas Parks and Wildlife Department, Texas 
General Land Office, and Texas Commission on Environmental Quality.
    On April 4, 2016, the United States District Court for the Eastern 
District of Louisiana entered a Consent Decree resolving civil claims 
by the Trustees against BP arising from the DWH oil spill: United 
States v. BPXP et al., Civ. No. 10-4536, centralized in MDL 2179,

[[Page 34274]]

In re: Oil Spill by the Oil Rig ``Deepwater Horizon'' in the Gulf of 
Mexico, on April 20, 2010 (E.D. La.) (http://www.justice.gov/enrd/deepwater-horizon). Pursuant to the Consent Decree, restoration 
projects in the Florida Restoration Area are chosen and managed by the 
FL TIG. The FL TIG is composed of the following Trustees: State of 
Florida Department of Environmental Protection and Fish and Wildlife 
Conservation Commission; DOI; NOAA; EPA; and USDA.

Background

    On August 20, 2019, the FL TIG posted a public notice at http://www.gulfspillrestoration.noaa.gov requesting natural resource 
restoration project ideas by September 20, 2019, for the Florida 
Restoration Area. The notice stated that the FL TIG was seeking project 
ideas for the following restoration types: (1) Habitat Projects on 
Federally Managed Lands; (2) Sea Turtles; (3) Marine Mammals; (4) 
Birds; (5) Provide and Enhance Recreational Opportunities; and (6) 
Oysters. On July 29, 2020, the FL TIG announced that it had initiated 
drafting of the Final RP2/EA and that it would include a reasonable 
range of restoration alternatives (projects) for five restoration 
types. The FL TIG decided not to include Oysters Restoration Type 
projects in the Draft RP2/EA (see Final RP2/EA for further details).
    The FL TIG released the Draft RP2/EA on February 19, 2021, and its 
notice of availability was published in the Federal Register on 
February 25, 2021 (86 FR 11551). The Draft RP2/EA provided the FL TIG's 
analysis of alternatives that would meet the Trustees' goals to restore 
and conserve habitat, replenish and protect living coastal and marine 
resources, and provide and enhance recreational opportunities under OPA 
and NEPA, and identified the alternatives that were proposed as 
preferred for implementation. The public review and comment period ran 
through March 29, 2021. To facilitate public understanding of the 
document, the FL TIG held a public webinar on March 11, 2021, and 
accepted public comments during the webinar. The FL TIG considered the 
public comments received during the webinar, through direct submittals 
to its online public comment portal, and by USPS. A summary of comments 
and the FL TIG's responses to those comments are provided in Chapter 5 
of the Final RP2/EA.

Overview of the FL TIG Final RP2/EA

    The Final RP2/EA provides the FL TIG's analysis of the reasonable 
range of alternatives. The alternatives (projects) selected for 
implementation are presented in the following table under the 
restoration type from which funds would be allocated in accordance with 
the DWH Consent Decree. The FL TIG changed REC3, Engineering and Design 
for Pensacola Beach Park West Fishing Pier and Access Improvements, 
from a preferred to a non-preferred alternative after reviewing the 
public comments received on the project and undertaking additional 
project review and discussion with Escambia County. The total estimated 
cost for the eighteen selected projects is approximately $62,000,000.

Restoration Type: Habitat Projects on Federally Managed Lands
    Johnson Beach Access Management and Habitat Protection
    Perdido Key Sediment Placement
    Pensacola Beach Fort Pickens Road Wildlife Lighting Retrofits
Restoration Type: Sea Turtles
    Increased Observers and Outreach to Reduce Incidental Hooking of 
Sea Turtles in Recreational Fisheries along Florida's Gulf Coast
    Reducing Threats to Sea Turtles through Removal of In-water Marine 
Debris along Florida's Gulf Coast
    Assessing Risk and Conducting Public Outreach to Reduce Vessel 
Strikes on Sea Turtles along Florida's Gulf Coast
Restoration Type: Marine Mammals
    Florida Gulf Coast Marine Mammal Stranding Network
Restoration Type: Birds
    Gomez Key Oyster Reef Expansion and Breakwaters for American 
Oystercatchers
    Egmont Key Vegetation Management and Dune Retention
    Northeast Florida Coastal Predation Management
    Florida Shorebird and Seabird Stewardship and Habitat Management--5 
Years
Restoration Type: Provide and Enhance Recreational Opportunities
    Pensacola Community Maritime Park Public Fishing Marina
    Baars Park and Sanders Beach Kayak Fishing Trail Access Upgrades
    Gulf Breeze Parks Boating and Fishing Access Upgrades
    Lincoln Park Boat Ramp and Dock Improvements
    Florida Artificial Reef Creation and Restoration--Phase 2
    Apollo Beach Recreational Sportfish Hatchery Facility
Restoration Types: Habitat Projects on Federally Managed Lands and 
Provide and Enhance Recreational Opportunities
    St. Vincent National Wildlife Refuge Access and Recreational 
Improvements through Acquisition at Indian Pass

    The FL TIG also evaluated the No Action alternative and six action 
alternatives that were not selected for implementation. Restoration 
planning for the FL Restoration Area will continue.

Administrative Record

    The documents comprising the Administrative Record for Final RP2/EA 
can be viewed electronically at https://www.doi.gov/deepwaterhorizon/adminrecord.

Authority

    The authority for this action is the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.), its implementing NRDA regulations found at 15 CFR 
990, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) and its implementing regulations found at 40 CFR 1500-1508.

Mary Josie Blanchard,
Department of the Interior, Director of Gulf of Mexico Restoration.
[FR Doc. 2021-13876 Filed 6-28-21; 8:45 am]
BILLING CODE 4333-15-P