[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Notices]
[Pages 58067-58070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20570]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC317]


Notice of Availability of the Deepwater Horizon Oil Spill 
Louisiana Trustee Implementation Group Final Phase II Restoration Plan: 
#3.2: Mid-Barataria Sediment Diversion

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

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 Deepwater Horizon (DWH) Federal 
and State natural resource trustee agencies for the Louisiana Trustee 
Implementation Group (Louisiana TIG) prepared the Final Phase II 
Restoration Plan #3.2: Mid-Barataria Sediment Diversion (Final Phase II 
RP #3.2). The Final Phase II RP #3.2 presents the Louisiana TIG's OPA 
evaluation of a proposed 75,000 cubic feet per second (cfs) capacity 
Mid-Barataria sediment diversion (i.e., Alternative 1, the Proposed 
MBSD Project) and five alternatives to help 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 
identified in the Final Phase II RP #3.2, including those set forth in 
the OPA natural resource damage assessment regulations. In accordance 
with NEPA, the environmental consequences of the MSBD alternatives are 
evaluated in the associated U.S. Army Corps of Engineers, New Orleans 
District (USACE CEMVN) Final Environmental Impact Statement for the 
Proposed Mid Barataria Sediment Diversion Project, Plaquemines and 
Jefferson Parishes (MBSD FEIS). The Louisiana TIG Federal Trustees 
participated as cooperating agencies in the preparation of the MBSD 
FEIS. The purpose of this notice is to inform the public of the 
availability of the Final Phase II RP #3.2, the Louisiana TIG's 
selection of Alternative 1 as its preferred alternative, and following 
adoption of the MBSD FEIS, the Louisiana TIG's intention to make an OPA 
NRDA decision regarding implementation of the preferred alternative.

ADDRESSES: Obtaining Documents: You may download the Final Phase II RP 
#3.2 at: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana. The associated MBSD FEIS may be downloaded at: http://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Barataria-Sediment-Diversion-EIS/.

FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric 
Administration--Mel Landry, NOAA Restoration Center, (301) 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 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 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 (NRDA) for the DWH oil 
spill under 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 (CPRA), Oil Spill Coordinator's Office (LOSCO), Department of 
Environmental Quality (LDEQ), Department of Wildlife and Fisheries 
(LDWF), and Department of Natural Resources (LDNR);
     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 DWH Trustees reached and finalized a settlement of their 
natural resource damage claims with BP in an April 4, 2016 Consent 
Decree approved

[[Page 58068]]

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 selected and implemented by the 
Louisiana TIG. The Louisiana TIG is composed of the following Trustees: 
CPRA; LOSCO; LDEQ; LDWF; LDNR; NOAA; DOI; EPA; and USDA.

Background

    The DWH oil spill resulted in the oiling of more than 1,100 
kilometers of wetlands, nearly all of which were located in coastal 
Louisiana. The heaviest oiling occurred in the Barataria Basin, 
resulting in substantial injuries to natural resources in the basin. 
The impact of those injuries was intensified by the fragile nature of 
the basin. Already suffering from significant coastal erosion, marshes 
in the Barataria Basin that experienced heavy oiling subsequently 
experienced double or triple the rate of marsh loss. Recognizing that 
the resulting loss of marsh productivity affected resources throughout 
the northern Gulf of Mexico ecosystem, the State of Louisiana and the 
federal Trustees that negotiated the DWH Natural Resource Damages 
settlement allocated $4 billion, almost half of the total settlement 
amount, to restoring Louisiana's wetland, coastal, and nearshore 
habitats.
    The DWH NRDA Trustees began analyzing strategies for restoring 
those coastal losses that resulted from the DWH oil spill beginning as 
part of the settlement process and leading to the preparation of the 
Deepwater Horizon Oil Spill: Final Programmatic Damage Assessment and 
Restoration Plan and Final Programmatic Environmental Impact Statement 
(Final PDARP/PEIS, DWH NRDA Trustees, 2016). To address the large-scale 
impacts, they agreed that ``[d]iversions of Mississippi River water 
into adjacent wetlands have a high probability of providing these types 
of large-scale benefits for the long-term sustainability of deltaic 
wetlands'' (DWH NRDA Trustees, 2016, page 5-25).
    Building on the Final PDARP/PEIS, the Louisiana TIG began 
evaluating restoration strategies that could restore for injuries to 
natural resources in the Barataria Basin, which resulted in the 
Strategic Restoration Plan and Environmental Assessment #3: Restoration 
of Wetlands, Coastal, and Nearshore Habitats in the Barataria Basin, 
Louisiana (SRP/EA #3).
    In the SRP/EA #3, the LA TIG ultimately determined that a 
combination of ``marsh creation and ridge restoration plus a large-
scale sediment diversion would provide the greatest level of benefits 
to injured Wetlands, Coastal, and Nearshore Habitats and to the large 
suite of injured resources that depend in their life cycle on 
productive and sustainable wetland habitats'' (LA TIG, 2018, page 3-32) 
in the basin and in the broader northern Gulf of Mexico.
    Since finalizing the SRP/EA #3, the Louisiana TIG has evaluated a 
variety of potential alternatives for a large-scale sediment diversion 
in the Barataria Basin. This Final Phase II RP #3.2, along with the 
MBSD FEIS released simultaneously by the USACE CEMVN, set forth the 
results of that evaluation.

Overview of the Louisiana TIG Final Phase II RP #3.2

    The Final Phase II RP #3.2 is being released in accordance with 
NRDA regulations for restoration planning under OPA in 15 CFR part 990, 
NEPA (42 U.S.C. 4321 et seq.), the Consent Decree, and the Final PDARP/
PEIS. The structural features of the Proposed MBSD Project and its 
alternatives are located in south Louisiana on the west bank of the 
Mississippi River at River Mile (RM) 60.7, just north of the Town of 
Ironton. The anticipated outfall area for sediment, freshwater, and 
nutrients conveyed from the river is located within the Mid-Barataria 
Basin. The area of the Proposed MBSD Project and its alternatives 
includes the hydrologic boundaries of the Barataria Basin and the lower 
Mississippi River Delta Basin, also known as the birdfoot delta. The 
Mississippi River itself, beginning near RM 60.7 and extending to the 
mouth of the river, is also included in the Proposed MBSD Project area.
    In the Final Phase II RP #3.2, the Louisiana TIG selects its 
preferred alternative under the DWH Louisiana Restoration Area 
Wetlands, Coastal and Nearshore Habitats restoration type. The 
preferred alternative (Alternative 1) consists of a controlled sediment 
and freshwater intake diversion structure in Plaquemines Parish on the 
right descending bank of the Mississippi River at RM 60.7. The 
preferred alternative would have a maximum diversion flow of 75,000 
cfs, which would occur when the Mississippi River gauge at Belle Chase 
reaches 1,000,000 cfs or higher. The diversion would operate at up to 
5,000 cfs (base flow) when the river is below 450,000 cfs at Belle 
Chase; at river flows above 450,000 cfs, the diversion would be opened 
fully. At the downstream end of the diversion channel, an engineered 
``outfall transition feature'' would be constructed to guide and 
disperse the channel flow into the Barataria Basin. The preferred 
alternative is projected to increase land area, including emergent 
wetlands and mudflats, in the Barataria Basin across the 50-year 
analysis period relative to natural recovery, with a maximum increase 
of 17,300 acres in 2050, at the approximate mid-point of the 50-year 
analysis period.
    The cost of the Proposed MBSD Project at the time of the Draft 
Phase II RP #3.2 was anticipated to be approximately $2 billion. Since 
the publication of the Draft Phase II RP #3.2, substantial increases in 
the general inflation rate as well as corresponding increases to most 
cost components of the Proposed MBSD Project, including but not limited 
to construction materials, construction activities, and wages, have 
occurred. CPRA has experienced an average 25% increase in costs on its 
recent restoration projects. If selected for implementation, CPRA will 
not know the amount of the cost increase for the Proposed MBSD Project 
until it completes negotiations for a Guaranteed Maximum Price for 
project construction with the Construction Management At Risk 
contractor. Those negotiations will not begin until after the 
publication of this Final Phase II RP #3.2. In light of this 
uncertainty as to total project costs, the Louisiana TIG intends to 
limit its contribution to the overall project costs to $2.26 billion if 
it is selected for implementation. This would help ensure that DWH 
settlement funding would be available to construct all projects 
currently under consideration as well as for future large-scale 
wetlands, coastal, and nearshore habitat restoration projects not yet 
proposed. The cap would also ensure that planned DWH payments to the 
Louisiana TIG would be sufficient to cover project costs as it 
continues to be designed and implemented. To ensure the Monitoring and 
Adaptive Management (MAM) and Mitigation and Stewardship Plans are 
fully funded, the Louisiana TIG's contribution would cover the majority 
of MAM associated costs (a NRDA investment of up to $148,800,000, 
including contingency funding) and the Mitigation and Stewardship costs 
(currently estimated at $378,000,000, including contingency funding). A 
portion of the engineering and design costs has been paid by the 
National Fish and Wildlife Federation's Gulf Environmental Benefit 
Fund. The remaining Louisiana TIG contribution would be applied toward 
other project cost categories. CPRA has committed to providing funding 
for all costs that exceed the Louisiana TIG's funding cap of 
$2,260,000,000.
    The Louisiana TIG fully evaluated a smaller-capacity diversion with 
a

[[Page 58069]]

maximum capacity of 50,000 cfs (Alternative 2). The Trustees found that 
such a diversion would provide substantially less benefit in marsh 
preservation and restoration, with only a small reduction in adverse 
impacts and a slight cost reduction.
    The Louisiana TIG also fully evaluated a larger-capacity diversion 
with a maximum capacity of 150,000 cfs (Alternative 3). While the marsh 
creation benefits of such a large diversion would be significantly 
greater, the collateral injuries would also increase to levels 
unacceptable to the Trustees.
    Three other alternatives (Alternatives 4-6) would divert the same 
flow (cfs) capacities as described above for Alternatives 1-3, and 
would include marsh terrace outfall features. While providing some 
benefits, the outfall feature alternatives do not substantially change 
the extent to which the corresponding alternatives with similar 
capacities and without terraces meet the Louisiana TIG's goals and 
objectives for the project.
    While the Louisiana TIG has rejected the No-Action-Alternative for 
this Final Phase II RP #3.2, the OPA analysis provided in Chapter 3 
integrates information about the MBSD FEIS No-Action Alternative (40 
CFR 1502.14(c)) because it provides a baseline against which the 
benefits and collateral injuries of the Proposed MBSD Project and its 
alternatives can be compared.
    The Louisiana TIG is committed to continuing efforts to restore the 
resources that would be adversely affected by the Proposed MBSD Project 
if selected for implementation, many of which were also injured by the 
DWH oil spill. The Proposed MBSD Project includes a MAM Plan and a 
Mitigation and Stewardship Plan. The Project also now includes a Marine 
Mammal Intervention Plan, which was developed in response to public 
comments. These plans serve as an integral part of the proposed 
restoration action. The MAM Plan includes (1) methods for specific 
types of monitoring, (2) key performance measures/indicators for 
assessing the success of the Proposed MBSD Project in meeting its 
objectives, and (3) decision criteria and processes for modifying 
(``adapting'') current or future management actions. The Mitigation and 
Stewardship Plan includes actions to help to address collateral impacts 
of construction and operation of the Proposed MBSD Project. The Marine 
Mammal Intervention Plan outlines a spectrum of potential response 
actions for dolphins affected by the operation of the Proposed MBSD 
Project, ranging from recovery/relocation to no intervention to 
euthanasia. As part of the Project, CPRA would have responsibility for 
ensuring implementation of the measures outlined in each of these 
Plans.
    The Louisiana TIG has examined the injuries assessed by the DWH 
Trustees and evaluated restoration alternatives to address the 
injuries. In Final Phase II RP #3.2, the Louisiana TIG presents to the 
public its plan for providing partial compensation to the public for 
injured natural resources and ecological services in the Louisiana 
Restoration Area. The preferred alternative 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 
irrespective of whether the preferred alternative is selected for 
implementation.
    Trustees typically choose to combine a restoration plan and the 
required NEPA analysis into a single document (33 CFR 990.23(a), 
(c)(1)). In this case, the Final Phase II Restoration Plan #3.2 does 
not include integrated NEPA analysis. This is because prior to 
evaluation of the Proposed MBSD Project by the Louisiana TIG as a 
restoration project under OPA, the USACE CEMVN initiated scoping for 
the MBSD Project EIS based on a permit application for the Project by 
CPRA. In this case, to increase efficiency, reduce redundancy, and be 
consistent with Federal policy and 40 CFR 1506.3, the four Federal 
Trustees in the Louisiana TIG decided to participate as cooperating 
agencies in the development of a single MBSD EIS. As the lead agency, 
the USACE CEMVN has primary responsibility for preparing the MBSD EIS 
(40 CFR 1501.5(a)). The Louisiana TIG is relying on the MBSD Final EIS 
to evaluate potential environmental effects of the MBSD Project and its 
alternatives evaluated in this Final Phase II RP #3.2.
    The Louisiana TIG solicited public comment on the Draft Phase II RP 
#3.2 for a total of 90 days between March 5, 2021 and June 3, 2021 (86 
FR 12915, March 5, 2021). Three public meetings were held during the 
comment period. This period ran concurrently with the USACE CEMVN 
public comment period on the MBSD DEIS. Following the comment period, 
the 40,699 comment submissions received were reviewed by the Louisiana 
TIG and taken into consideration in the preparation of this Final Phase 
II RP #3.2. The Final Phase II RP #3.2 includes a summary of the 
comments received and responses to those comments.

Next Steps

    Following publication of the Louisiana TIG's Final Phase II RP #3.2 
and the USACE CEMVN's MBSD FEIS, conclusion of the NEPA 30-day wait 
period, and issuance of the Louisiana TIG's Record of Decision, the 
Louisiana TIG intends to finalize its decision (15 CFR 
990.23(c)(2)(ii)(G)) and document such by Louisiana TIG Resolution. 
Until that time, the Louisiana TIG would not have made a final decision 
on the proposed Project on the proposed Project.

Additional Access to Materials

    You may request a CD of the Final Phase II RP #3.2 (see FOR FURTHER 
INFORMATION CONTACT above). Copies of the Final Phase II RP #3.2 and 
MBSD FEIS are also available at the following locations:

  Repositories With Paper and Electronic Copies (USB Drives) of the Final Phase II RP #3.2 and MBSD Final EIS;
                  Executive Summaries of Both Are Available in English, Vietnamese and Spanish
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               Repository                           Address                      City                ZIP code
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Jefferson Parish Library, Lafitte         4917 City Park Drive......  Lafitte...................           70067
 Library.
Jefferson Parish Library, West Bank       2751 Manhattan Boulevard..  Harvey....................           70058
 Regional Library.
New Orleans Public Library, East New      5641 Read Boulevard.......  New Orleans...............           70127
 Orleans Regional Library.
Plaquemines Parish Public Library, Belle  8442 Highway 23...........  Belle Chasse..............           70037
 Chasse Library.
Plaquemines Parish Public Library, Port   139 Civic Drive...........  Port Sulphur..............           70083
 Sulphur Library.
Plaquemines Parish Public Library, Buras  35572 Highway 11..........  Buras.....................           70041
 Library.
Lafourche Parish Public Library, Larose   305 East Fifth Street.....  Larose....................           70373
 Library.
Lafourche Parish Public Library, South    16241 East Main Street....  Cut Off...................           70345
 Lafourche Branch.
St. Charles Parish Library, Paradis       307 Audubon Street........  Paradis...................           70080
 Branch.
St. Tammany Parish Library..............  310 West 21st Avenue......  Covington.................           70433

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Terrebonne Parish Library...............  151 Library Drive.........  Houma.....................           70360
New Orleans Public Library..............  219 Loyola Avenue.........  New Orleans...............           70112
East Baton Rouge Parish Library.........  7711 Goodwood Boulevard...  Baton Rouge...............           70806
Jefferson Parish Library, East Bank       4747 West Napoleon Avenue.  Metairie..................           70001
 Regional Library.
St. Bernard Parish Library..............  2600 Palmisano Boulevard..  Chalmette.................           70043
St. Martin Parish Library...............  201 Porter Street.........  St. Martinville...........           70582
Alex P. Allain Library..................  206 Iberia Street.........  Franklin..................           70538
Vermillion Parish Library...............  405 East Saint Victor       Abbeville.................           70510
                                           Street.
Martha Sowell Utley Memorial Library....  314 Saint Mary Street.....  Thibodaux.................           70301
Calcasieu Parish Public Library Central   301 West Claude Street....  Lake Charles..............           70605
 Branch.
Iberia Parish Library...................  445 East Main Street......  New Iberia................           70560
Mark Shirley, Louisiana State University  1105 West Port Street.....  Abbeville.................           70510
 Agricultural Center.
Simi Kang, Coastal Communities            324 North Avenue..........  Pittsburgh, PA............           15209
 Consulting.
Grand Bayou Indian Village Tribal Center  P.O. Box 1021.............  Port Sulphur..............           70083
Coalition to Restore Coastal Louisiana..  3801 Canal Street, Suite    New Orleans...............           70119
                                           325.
Coastal Communities Consulting, Inc.....  925 Behrman Highway, Suite  Gretna....................           70056
                                           15.
Greater New Orleans Foundation..........  919 Saint Charles Avenue..  New Orleans...............           70130
Gulf Restoration Network................  330 Carondelet Street,      New Orleans...............           70130
                                           Suite 300.
South Louisiana Wetlands Discovery        7910 Park Avenue..........  Houma.....................           70364
 Center.
Lower Ninth Ward Center for Sustainable   5227 Chartres Street......  New Orleans...............           70117
 Engagement and Development.
Mary Queen of Vietnam Community           4626 Alcee Fortier          New Orleans...............           70129
 Development Corporation, Inc.             Boulevard # E.
United Houma Nation.....................  20986 Highway 1...........  Golden Meadow.............           70357
Zion Travelers Cooperative Center.......  120 Thomas Lane...........  Braithwaite...............           70040
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Translation Opportunities

    The Executive Summary of the Final Phase II RP #3.2 is available in 
Vietnamese and Spanish from the Louisiana TIG website at: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana. 
Vietnamese and Spanish translations of materials prepared for the 
public review of the MBSD DEIS and Draft Phase II RP #3.2 remain 
available on USACE CEMVN's project web page. Pre-recorded presentations 
from the MBSD DEIS and Draft Phase II RP #3.2 public meetings also 
remain available on USACE CEMVN's project web page. The recordings are 
available in English, Vietnamese, Khmer, and Spanish.

Administrative Record

    The documents comprising the Administrative Record for the Final 
Phase II RP #3.2 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: September 19, 2022.
Sunny Snider Centrella,
Deputy Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 2022-20570 Filed 9-22-22; 4:15 pm]
BILLING CODE 3510-12-P