[Federal Register Volume 90, Number 138 (Tuesday, July 22, 2025)]
[Notices]
[Pages 34436-34437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13752]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE798]


Deepwater Horizon Natural Resource Damage Assessment Texas 
Trustee Implementation Group Final Restoration Plan/Environmental 
Assessment #3: Wetlands, Coastal, and Nearshore Habitats and Finding of 
No Significant Impact

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

ACTION: Notice of availability.

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SUMMARY: This notice announces that the Deepwater Horizon (DWH) natural 
resource Trustees for the Texas Trustee Implementation Group (Texas 
TIG) have prepared and are making available to the public the Final 
Restoration Plan/Environmental Assessment #3: Wetlands, Coastal, and 
Nearshore Habitats (RP/EA #3) and Finding of No Significant Impact 
(FONSI). The Final RP/EA #3 considers alternatives to help restore 
wetlands, coastal, and nearshore habitats injured by the DWH oil spill. 
The Final RP/EA #3 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 selects six 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 #3 and FONSI at https://www.gulfspillrestoration.noaa.gov/restoration-areas/texas. You may also request a flash drive containing 
the Final RP/EA #3, FONSI, and a fact sheet (see FOR FURTHER 
INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric 
Administration--Jamie Schubert, NOAA Restoration Center, (409) 621-
1208, [email protected].

SUPPLEMENTARY INFORMATION: 

Introduction

    On April 20, 2010, the mobile offshore drilling unit Deepwater 
Horizon, which was drilling a well for BP Exploration and Production, 
Inc. (BP), experienced a significant explosion, fire and subsequent 
sinking in the Gulf of America (Gulf) (formerly, the Gulf of Mexico), 
resulting in the release of millions of barrels of oil and

[[Page 34437]]

other discharges into the Gulf. Under the authority of the OPA, 
designated Federal and state Trustees, acting on behalf of the public, 
assessed the injuries to natural resources and prepared the Deepwater 
Horizon Oil Spill Final Programmatic Damage Assessment and Restoration 
Plan and Final Programmatic Environmental Impact Statement (Final 
PDARP/PEIS), and the Record of Decision for the Deepwater Horizon Oil 
Spill Final PDARP/PEIS (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 Texas TIG, which is composed of the National Oceanic and 
Atmospheric Administration, the U.S. Department of the Interior, the 
U.S. Environmental Protection Agency, the U.S. Department of 
Agriculture, the Texas General Land Office, the Texas Parks and 
Wildlife Department, and the Texas Commission on Environmental Quality, 
selects and implements restoration projects under the Texas TIG's 
management authority in accordance with the Consent Decree. The Final 
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 August 5, 2024, the Texas TIG announced on the Gulf Spill 
Restoration website that they were initiating preparation of the Draft 
RP/EA #3, which tiers from the Final PDARP/PEIS and includes a 
reasonable range of restoration project alternatives to provide 
compensatory restoration toward meeting the Restore and Conserve 
Habitats restoration goal identified in the Final PDARP/PEIS under the 
Wetlands, Coastal, and Nearshore Habitats (WCNH) Restoration Type. On 
January 16, 2025, the Texas TIG released the Draft RP/EA #3 for a 30-
day public review period (90 FR 4725, January 16, 2025). To facilitate 
public understanding of the document, the Texas TIG held a public 
meeting on January 28, 2025, during which public comments were 
solicited. The Texas TIG accepted public comments through February 18, 
2025. After the public review period closed, the Texas TIG reviewed the 
comments received, prepared responses to those comments, finalized the 
plan, and prepared the FONSI.

Overview of the Texas TIG Final RP/EA #3

    This Final RP/EA #3 focuses on the beneficial use of dredged 
material (BUDM) to restore and conserve wetlands, coastal, and 
nearshore habitats. The Texas TIG proposes the allocation of $36 
million toward the use of BUDM to construct wetland habitat along the 
Texas coast through the preferred projects included in the Final RP/EA 
#3. The $36 million will be divided among the selected projects to 
provide the incremental cost for the U.S. Army Corps of Engineers or to 
fund other viable sources to beneficially use dredged sediments to 
construct the preferred restoration alternatives. In the Final RP/EA 
#3, the Texas TIG analyzes a reasonable range of eight project 
alternatives and, pursuant to the NEPA, a No Action alternative. Two of 
the alternatives are not preferred by the TIG at this time. The six 
projects selected by the Texas TIG for funding and implementation are 
listed below:
     Jocelyn Nungaray National Wildlife Refuge (NWR) Roberts 
Mueller Tract Wetland Restoration (note the NWR name change per 
Executive Order 14229, ``Honoring Jocelyn Nungaray'');
     Goose Island Wetland Restoration;
     Lower Neches Wildlife Management Area Old River Unit 
Wetland Restoration;
     McFaddin National Wildlife Refuge Willow Lake Terraces 
Wetland Restoration;
     San Bernard National Wildlife Refuge Sargent Oil Field 
Wetland Restoration; and
     Texas Point National Wildlife Refuge Wetland Restoration.
    Funding to implement the alternatives selected by the Texas TIG 
will come from the WCNH Restoration Type allocation. Additional 
restoration planning in the Texas TIG will continue.

Administrative Record

    The Administrative Record for the Final RP/EA #3 can be viewed 
electronically at https://www.doi.gov/deepwaterhorizon/adminrecord 
under the folder 6.5.2.2.3.

Authority

    The authority for this action is the OPA of 1990 (33 U.S.C. 2701 et 
seq.), its implementing Natural Resource Damage Assessment regulations 
found at 15 CFR part 990 and the NEPA of 1969 (42 U.S.C. 4321 et seq.).

    Dated: July 17, 2025.
Sunny Snider,
Deputy Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 2025-13752 Filed 7-21-25; 8:45 am]
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