[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15385-15387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05553]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB767]


Notice of Availability of the Deepwater Horizon Oil Spill 
Louisiana Trustee Implementation Group Draft Restoration Plan/
Environmental Assessment #8: Wetlands, Coastal, and Nearshore Habitats

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

ACTION: Notice of availability; request for comments.

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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), the Deepwater Horizon (DWH) Federal 
natural resource trustee agencies for the Louisiana Trustee 
Implementation Group (Louisiana TIG) have prepared a Draft Restoration 
Plan/Environmental Assessment #8: Wetlands, Coastal, and Nearshore 
Habitats (RP/EA #8). The Draft RP/EA #8 describes and proposes 
restoration project alternatives considered by the Louisiana TIG to 
partially restore natural resources and ecological services injured or 
lost as a result of the DWH oil spill. The Louisiana TIG evaluated 
these alternatives under criteria set forth in the OPA natural resource 
damage assessment (NRDA) regulations, and 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 Draft RP/EA #8 and to seek public comments on the document.

DATES: The Louisiana TIG will consider public comments received on or 
before April 18, 2022.
    Virtual Public Meeting: Due to continuing Covid-19 limitations on 
gatherings of groups, the Louisiana TIG will conduct a public webinar 
to facilitate public review and comment on Tuesday, April 5, 2022 at 
12:00 p.m. Central. The public may register for the webinar at: https://attendee.gotowebinar.com/register/4964211858097860364. After 
registering, participants will receive a confirmation email with 
instructions for joining the public webinar. The webinar will include a 
presentation of the Draft RP/EA #8 and opportunity for public comment. 
The presentation slides will be posted on the web shortly after the 
public meeting is completed. Comments will also be taken through 
submission online or through U.S. mail (see Submitting Comments below).

ADDRESSES: 
    Obtaining Documents: You may access the Draft RP/EA #8 from the 
``News'' section of the Louisiana TIG website at: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana. 
Alternatively, you may request a CD of the Draft RP/EA #8 (see FOR 
FURTHER INFORMATION CONTACT below).
    Submitting Comments: You may submit comments on the Draft RP/EA #8 
by one of the following methods:
     Via the Web: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana;
     Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 
29649, Atlanta, GA 30345. Please note that mailed comments must be 
postmarked on or before the comment deadline given in DATES; or
     During the public webinar: Comments may be provided during 
the webinar. Webinar information is provided above in DATES.
    Before including your address, phone 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 made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

FOR FURTHER INFORMATION CONTACT: Mel Landry, NOAA Restoration Center, 
310-427-8711, [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

[[Page 15386]]

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 off shore 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 into the environment as a result of 
the spill.
    The DWH Federal and State natural resource trustees (DWH Trustees) 
conducted the natural resource damage assessment for the DWH oil spill 
under OPA (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, 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.
    The Trustees reached and finalized a settlement of their natural 
resource damage claims with BP in an April 4, 2016, Consent Decree 
approved by the United States District Court for the Eastern District 
of Louisiana. Pursuant to that Consent Decree, restoration projects in 
the Louisiana Restoration Area are now selected and implemented by the 
Louisiana TIG. The Louisiana TIG is composed of the following Federal 
Trustees: NOAA; DOI; EPA; and USDA.

Background

    The Draft RP/EA #8 is being released in accordance with OPA NRDA 
regulations at 15 CFR part 990, NEPA (42 U.S.C. 4321 et seq.), the 
Consent Decree, and the Final Programmatic Damage Assessment 
Restoration Plan/Programmatic Environmental Impact Statement (PDARP/
PEIS), which provided for an overall goal of ``Restore and Conserve 
Habitat.'' This restoration planning activity is proceeding in 
accordance with the PDARP/PEIS, which provided for various types of 
restoration, including restoration of wetlands, coastal, and nearshore 
habitat. Information on the Restoration Type being considered in the 
Draft RP/EA #8, 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).

Overview of the Louisiana TIG Draft RP/EA #8

    For the Draft RP/EA #8, the Louisiana TIG assembled a list of 697 
project alternatives for the restoration of wetlands, coastal, and 
nearshore habitat. These alternatives were based on proposals from the 
public as well as agencies, including projects submitted to the DWH 
Trustee or Louisiana TIG portals and projects submitted by individual 
state and Federal Trustees, including projects submitted on behalf of 
non-Trustee agencies. All alternatives underwent a step-wise screening 
process based on criteria established by OPA and the Louisiana TIG, 
whereby projects that did not meet the criteria were eliminated, and 
duplicative alternatives were combined. This resulted in six action 
alternatives for wetlands, coastal, and nearshore habitats, each of 
which are evaluated in the Draft RP/EA #8. Alternatives that meet the 
criteria but are not carried forward as preferred alternatives may be 
considered in future restoration plans.
    Of the six alternatives evaluated, four are proposed as preferred 
alternatives for the restoration of wetlands, coastal, and nearshore 
habitats. Three of the alternatives evaluated consider projects for 
Engineering and Design (E&D), and three of the alternatives evaluated 
consider projects for full implementation. The alternatives analyzed 
include the following:
     Bayou Pointe-aux-Chenes Ridge Restoration and Marsh 
Creation (E&D)--Non-preferred, $4,736,900.
     New Orleans East Landbridge Restoration (E&D): Preferred, 
$4,000,000.
     Raccoon Island Barrier Island Restoration (E&D): 
Preferred, $8,200,000.
     Bayou Dularge Ridge and Marsh Restoration: Preferred, 
$41,400,000.
     Bayou La Loutre Ridge Restoration and Marsh Creation 
Project (PO-0178): Preferred, $21,200,000.
     Lake Lery Marsh Creation and Rim Restoration, Increment 3: 
Non-preferred, $19,420,000.
    The Draft RP/EA #8 also evaluates a No Action Alternative, under 
which no project would be constructed and no additional costs would be 
incurred at this time.
    The Louisiana TIG has examined the injuries assessed by the DWH 
Trustees and evaluated restoration alternatives to address the 
injuries. In Draft RP/EA #8, the Louisiana TIG presents to the public 
its draft plan for providing partial compensation to the public for 
injured natural resources and ecological services in the Louisiana 
Restoration Area. The proposed action is intended to continue the 
process of using DWH restoration funding to restore natural resources 
injured or lost as a result of the DWH oil spill. Additional 
restoration planning for the Louisiana Restoration Area will continue.

Next Steps

    The public is encouraged to review and comment on the Draft RP/EA 
#8. A public webinar to facilitate the public review and comment 
process is scheduled for Tuesday, April 5 at 12:00 p.m. Central. After 
the public comment period ends, the Louisiana TIG will consider and 
address comments received before issuing a Final RP/EA #8. A summary of 
comments received and the Louisiana TIG's responses and any revisions 
to the document, as appropriate, will be included in the final 
document.

[[Page 15387]]

Additional Access to Materials

    You may request a CD of the Draft RP/EA #8 (see FOR FURTHER 
INFORMATION CONTACT above). Copies of the Draft RP/EA #8 are also 
available during the public comment period at the following locations:

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                Library                              Address                        City              Zip code
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St. Tammany Parish Library.............  310 W. 21st Avenue............  Covington................        70433
New Orleans Public Library, Louisiana    219 Loyola Avenue.............  New Orleans..............        70112
 Division.
St. Bernard Parish Library.............  1125 E. St. Bernard Highway...  Chalmette................        70043
Plaquemines Parish Library.............  8442 Highway 23...............  Belle Chasse.............        70037
Jefferson Parish Library, East Bank      4747 W. Napoleon Avenue.......  Metairie.................        70001
 Regional Library.
Jefferson Parish Library, West Bank      2751 Manhattan Boulevard......  Harvey...................        70058
 Regional Library.
Terrebonne Parish Library..............  151 Library Drive.............  Houma....................        70360
Martha Sowell Utley Memorial Library...  314 St. Mary Street...........  Thibodaux................        70301
South Lafourche Public Library.........  16241 E. Main Street..........  Cut Off..................        70345
East Baton Rouge Parish Library........  7711 Goodwood Boulevard.......  Baton Rouge..............        70806
Alex P. Allain Library.................  206 Iberia Street.............  Franklin.................        70538
St. Martin Parish Library..............  201 Porter Street.............  St. Martinville..........        70582
Iberia Parish Library..................  445 E. Main Street............  New Iberia...............        70560
Vermilion Parish Library...............  405 E. St. Victor Street......  Abbeville................        70510
Mark Shirley, LSU AgCenter.............  1105 West Port Street.........  Abbeville................        70510
Calcasieu Parish Public Library Central  301 W. Claude Street..........  Lake Charles.............        70605
 Branch.
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Translation Opportunities

    Vietnamese translated materials including the Executing Summary and 
project fact sheets are posted in the ``News'' section of the Louisiana 
TIG's website: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana.

Administrative Record

    The documents comprising the Administrative Record for the Draft 
RP/EA #8 can be viewed electronically at http://www.doi.gov/deepwaterhorizon/adminrecord.

Authority

    The authority of this action is the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.) and its implementing Oil Pollution Act Natural 
Resource Damage Assessment regulations found at 15 CFR part 990 and the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

     Dated: March 11, 2022.
Carrie Diane Robinson,
Director, Office of Habitat Conservation, National Marine Fisheries 
Service.
[FR Doc. 2022-05553 Filed 3-17-22; 8:45 am]
BILLING CODE 3510-22-P