[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Pages 63601-63602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19738]


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DEPARTMENT OF THE INTERIOR

[FWS-R4-ES-2023-N062; FVHC98220410150-XXX-FF04H00000]


Deepwater Horizon Natural Resource Damage Assessment Open Ocean 
Trustee Implementation Group Final Restoration Plan 3 and Environmental 
Assessment: Birds and Finding of No Significant Impact

AGENCY: Department of the Interior.

ACTION: Notice of availability.

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SUMMARY: This notice announces that the Deepwater Horizon (DWH) natural 
resource Trustees for the Open Ocean Trustee Implementation Group (Open 
Ocean TIG, or TIG) have prepared and are making available to the public 
the Final Restoration Plan 3 and Environmental Assessment: Birds (Final 
RP/EA) and Finding of No Significant Impact (FONSI). The Final RP/EA 
proposes alternatives to help restore birds injured by the DWH oil 
spill. The Final RP/EA evaluates a reasonable range of project 
alternatives under the Oil Pollution Act (OPA) and the OPA Natural 
Resource Damage Assessment regulations, and the National Environmental 
Policy Act (NEPA) and its implementing regulations, and selects seven 
projects for funding and implementation. A no action alternative is 
also evaluated pursuant to NEPA.

ADDRESSES: Obtaining Documents: You may view and download the Final RP/
EA and FONSI at https://www.gulfspillrestoration.noaa.gov/restoration-areas/open-ocean. You may also request a CD-ROM containing the Final 
RP/EA and FONSI (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at 
[email protected] or 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: The Deepwater Horizon (DWH) natural resource 
Trustees for the Open Ocean Trustee Implementation Group (Open Ocean 
TIG, or TIG) have prepared the Final Restoration Plan 3 and 
Environmental Assessment: Birds (Final RP/EA) and Finding of No 
Significant Impact (FONSI). The Final RP/EA proposes alternatives to 
help restore birds injured by the DWH oil spill. The Final RP/EA 
evaluates a reasonable range of 11 project alternatives under the Oil 
Pollution Act (OPA) and the OPA Natural Resource Damage Assessment 
(NRDA) regulations (15 CFR 990), and the National Environmental Policy 
Act (NEPA) and its implementing regulations (40 CFR 1500-1508), and 
selects seven projects under the Birds Restoration Type for funding and 
implementation. A no action alternative is also evaluated pursuant to 
NEPA. The total estimated cost to implement the Open Ocean TIG's seven 
selected alternatives is approximately $33,280,000. The purpose of this 
notice is to inform the public of the availability of the Final RP/EA 
and FONSI.

Introduction

    On April 20, 2010, the mobile offshore drilling unit Deepwater 
Horizon (DWH), which was drilling a well for BP Exploration and 
Production, Inc. (BP), experienced a significant explosion, fire, and 
subsequent sinking in the Gulf of Mexico, resulting in the release of 
millions of barrels of oil and other discharges into the gulf. Under 
the authority of OPA, designated Federal and State Trustees, acting on 
behalf of the public, assessed the injuries to natural resources, and 
the services they provide, and prepared the Deepwater Horizon Oil Spill 
Final Programmatic Damage Assessment Restoration Plan and Final 
Programmatic Environmental Impact Statement (Final PDARP/PEIS) and 
subsequent record of decision (ROD), which sets forth the governance 
structure and process for DWH restoration planning under the OPA NRDA 
regulations. 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.
    The Open Ocean TIG, which is composed of four Federal agencies--the 
Department of the Interior, the National Oceanic and Atmospheric 
Administration, the United States Environmental Protection Agency, and 
the United States Department of Agriculture--selects and implements 
restoration projects within the TIG's Restoration Area in accordance 
with the consent decree. The PDARP/PEIS, ROD, consent decree, and 
information on the DWH Trustees can be found at https://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan.

Background

    On March 25, 2021, the Open Ocean TIG issued a notice of 
solicitation on the Gulf Spill Restoration website requesting project 
ideas for the Sturgeon and Birds Restoration Types. On March

[[Page 63602]]

11, 2022, the TIG announced they had reviewed project idea submissions 
and initiated drafting an RP/EA, which would include a reasonable range 
of restoration alternatives (projects) for the Birds Restoration Type.
    The TIG released the Draft RP/EA for public review and comment on 
March 14, 2023, and published a notice of availability in the Federal 
Register (88 FR 15734). The comment period ran through April 28, 2023. 
To facilitate public understanding of the document, the TIG held 
webinars on March 28 and April 4, 2023, during which public comments 
were solicited. After the public review period closed, the TIG reviewed 
the comments received, prepared responses to those comments, finalized 
the plan, and prepared a FONSI.

Overview of the Open Ocean TIG's Final RP/EA

    In the Final RP/EA, the Open Ocean TIG analyzes a reasonable range 
of 11 alternatives and, pursuant to NEPA, a no action alternative. The 
TIG's seven preferred alternatives, listed below, were selected for 
funding and implementation.

 Predator Removal and Seabird Nesting Colony Restoration at 
Mona Island
 Seabird Nesting Colony Reestablishment and Protection at 
Desecheo National Wildlife Refuge
 Seabird Nesting Colony Protection and Enhancement at Dry 
Tortugas National Park
 Seabird Bycatch Reduction in Northeast U.S. and Atlantic 
Canada Fisheries
 Northern Gannet Nesting Colony Restoration in Eastern Canada
 Common Tern Nesting Colony Restoration in Manitoba
 Invasive Goat Removal to Restore Seabird Nesting Habitat in 
St. Vincent and the Grenadines

    Funding to implement the selected alternatives will come from the 
Birds restoration allocation. The total estimated cost to implement the 
seven selected alternatives is approximately $33,280,000. Restoration 
planning in the Open Ocean Restoration Area will continue.

Administrative Record

    The Administrative Record for the Final RP/EA can be viewed 
electronically at https://www.doi.gov/deepwaterhorizon/adminrecord 
under folder 6.5.2.2.3.

Authority

    The authority for 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 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. 2023-19738 Filed 9-14-23; 8:45 am]
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