[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Pages 22937-22939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07729]


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DEPARTMENT OF THE INTERIOR

[FWS-R4-ES-2022-N227; FVHC98220410150-XXX-FF04H00000]


Deepwater Horizon Oil Spill Natural Resource Damage Assessment, 
Florida Trustee Implementation Group Draft Phase V.4 Florida Coastal 
Access Project: Restoration Plan and Supplemental Environmental 
Assessment

AGENCY: Department of the Interior.

ACTION: Notice of availability; request for public comments; 
announcement of webinar and in-person meeting.

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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 Consent Decree, 
the Federal and State natural resource trustee agencies for the Florida 
Trustee Implementation Group (FL TIG) have prepared the Draft Phase V.4 
Florida Coastal Access Project: Restoration Plan and Supplemental 
Environmental Assessment (Phase V.4 RP/SEA). The FL TIG is proposing a 
fourth phase of the Florida Coastal Access Project. The preferred 
alternative includes the acquisition of the Dickerson Bay parcel: A 
114-acre undeveloped coastal inholding in Wakulla County, Florida, 
within the approved boundary of St. Marks National Wildlife Refuge 
(NWR). This would continue the process of restoring lost recreational 
use in the Florida Restoration Area resulting from the Deepwater 
Horizon (DWH) oil spill. We invite comments on the Draft Phase V.4 RP/
SEA.

DATES: 
    Submitting Comments: We will consider public comments on the Draft 
Phase V.4 RP/SEA received on or before May 18, 2022.
    Public Meeting: The FL TIG will host a webinar on May 10, 2022, at 
3 p.m. Eastern Time (ET), and an in-person public meeting on May 12 at 
5:30 p.m.

[[Page 22938]]

ET. The public meeting and webinar will include a presentation on the 
Draft Phase V.4 RP/SEA. Additional information about the meeting and 
webinar, including public meeting location and webinar registration 
information, can be found at https://www.gulfspillrestoration.noaa.gov/restoration-areas/florida. After registering, participants will receive 
a confirmation email with instructions for joining the webinar. 
Instructions for commenting will be provided during the webinar. 
Shortly after the webinar is concluded, the presentation material will 
be posted on the website above.

ADDRESSES: 
    Obtaining Documents: You may download the Draft Phase V.4 RP/SEA 
from any of the following websites:

 http://www.doi.gov/deepwaterhorizon
 http://www.gulfspillrestoration.noaa.gov/restoration-areas/florida
 http://dep.state.fl.us/deepwaterhorizon/default.htm

    Hard copies are available for review at the Wakulla County Library, 
Gulf Specimen Marine Lab, and the St. Marks NWR visitor center. You may 
request a CD (compact disc) of the Draft Phase V.4 RP/SEA (see FOR 
FURTHER INFORMATION CONTACT).
    Submitting Comments: You may submit comments on the Draft Phase V.4 
RP/SEA by one of the following methods:
     Via the Web: http://www.gulfspillrestoration.noaa.gov/restoration-areas/florida.
     Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 
29649, Atlanta, GA 30345. In order to be considered, mailed comments 
must be postmarked on or before the comment deadline given in DATES.
     In Person: Verbal comments may be provided at the public 
meeting and webinar.

FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, via email at 
[email protected] or via telephone at 678-296-6805. Individuals 
in the United States who are deaf, deafblind, hard of hearing, or have 
a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Introduction

    The Florida Coastal Access Project was selected for funding and 
implementation in Phase V of DWH early restoration. In the 2011 
Framework Agreement for Early Restoration Addressing Injuries Resulting 
from the Deepwater Horizon Oil Spill (Framework Agreement), BP 
Exploration and Production, Inc. (BP) agreed to provide to the Trustees 
up to $1 billion toward early restoration projects in the Gulf of 
Mexico to address injuries to natural resources caused by the DWH oil 
spill. The Framework Agreement represented a preliminary step toward 
the restoration of injured natural resources and was intended to 
expedite the start of restoration in the Gulf in advance of the 
completion of the injury assessment process. In the five phases of the 
early restoration process, the Trustees selected, and BP agreed to 
fund, a total of 65 early restoration projects expected to cost a total 
of approximately $877 million, including the Florida Coastal Access 
Project for approximately $45.4 million. The Trustees selected these 
projects after public notice, public meetings, and consideration of 
public comments.
    The Consent Decree terminated and replaced the Framework Agreement 
and provided that the Trustees shall use remaining early restoration 
funds as specified in the early restoration plans and in accordance 
with the Consent Decree. The Trustees have determined that decisions 
concerning any unexpended early restoration funds are to be made by the 
appropriate TIG, in this case the FL TIG.

Background

    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 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 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 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. 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, 
including the loss of use and services from those resources from the 
time of injury until the completion of restoration to baseline (the 
resource quality and conditions that would exist if the spill had not 
occurred).
    The Deepwater Horizon Trustees are:
     U.S. Department of the Interior (DOI), as represented by 
the National Park Service, U.S. Fish and Wildlife Service (USFWS), 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 U.S. District Court for the Eastern District of 
Louisiana. Pursuant to that Consent Decree, restoration projects in the 
Florida Restoration Area are now chosen and managed by the FL TIG. The 
FL TIG is composed of the following six Trustees: State of Florida 
Department of Environmental Protection and Fish and Wildlife 
Conservation Commission; DOI; NOAA; EPA; and USDA.

Overview of the FL TIG Draft Phase V.4 RP/SEA

    The Draft Phase V.4 RP/SEA is being released in accordance with OPA 
NRDA regulations found in the Code of Federal Regulations (CFR) at 15 
CFR part 990, NEPA and its implementing regulations found at 40 CFR 
parts 1500-1508, and

[[Page 22939]]

the Final PDARP/PEIS and Consent Decree. The Phase V.4 RP/SEA provides 
an OPA analysis for the proposed fourth phase of the Florida Coastal 
Access Project and supplements the NEPA analysis completed in the 
first, second, and third phases of the project (2016 Final Phase V 
Early Restoration Plan and Environmental Assessment, 2017 Final Phase 
V.2 Restoration Plan and Supplemental Environmental Assessment, and 
2019 Final Phase V.3 Restoration Plan and Supplemental Environmental 
Assessment, respectively). In the Draft Phase V.4 RP/SEA, the FL TIG 
proposes the acquisition of the Dickerson Bay parcel, a 114-acre 
undeveloped coastal inholding in Wakulla County, Florida, within the 
approved boundary of St. Marks National Wildlife Refuge. Acquisition of 
the Dickerson Bay parcel would continue the process of restoring 
natural resources and services injured or lost as a result of the DWH 
oil spill. The cost to carry out the proposed action would be 
approximately $685,000.

Next Steps

    As described above, the Trustees will hold a public meeting and 
webinar to facilitate the public review and comment process. After the 
public comment period ends, the Trustees will consider and address the 
comments received before issuing a Final Phase V.4 RP/SEA.

Public Availability of Comments

    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.

Administrative Record

    The documents comprising the Administrative Record for the Phase 
V.4 RP/SEA can be viewed electronically at https://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.), its implementing 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.) and its 
implementing regulations found at 40 CFR parts 1500-1508.

Mary Josie Blanchard,
Director of Gulf of Mexico Restoration, Department of the Interior.
[FR Doc. 2022-07729 Filed 4-15-22; 8:45 am]
BILLING CODE 4310-10-P