Notice2021-13876
Florida Trustee Implementation Group Deepwater Horizon Oil Spill Final Restoration Plan 2 and Environmental Assessment: Habitat Projects on Federally Managed Lands, Sea Turtles, Marine Mammals, Birds, and Provide and Enhance Recreational Opportunities; and Finding of No Significant Impact
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Published
June 29, 2021
Issuing agencies
Interior Department
Abstract
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 Federal and State natural resource trustee agencies for the Florida Trustee Implementation Group (FL TIG) have prepared the Florida Trustee Implementation Group Final Restoration Plan 2 and Environmental Assessment: Habitat Projects on Federally Managed Lands; Sea Turtles; Marine Mammals; Birds; and Provide and Enhance Recreational Opportunities (Final RP2/EA), and Finding of No Significant Impact (FONSI). In the Final RP2/EA, the FL TIG analyzed projects to help restore injured habitats, sea turtles, marine mammals, and birds, and to compensate for lost recreational use in the Florida Restoration Area as a result of the Deepwater Horizon (DWH) oil spill. The Final RP2/EA describes and, in conjunction with the associated FONSI, selects the preferred restoration projects considered by the FL TIG to partially restore natural resources and ecological services injured or lost as a result of the Deepwater Horizon oil spill. The approximate cost to implement the FL TIG's proposed action is $62,000,000. The purpose of this notice is to inform the public of the availability of the Final RP2/EA and FONSI.
Full Text
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<title>Federal Register, Volume 86 Issue 122 (Tuesday, June 29, 2021)</title>
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[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Pages 34273-34274]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13876]
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DEPARTMENT OF THE INTERIOR
[FWS-R4-ES-2021-N165; FVHC98220410150-XXX-FF04H00000]
Florida Trustee Implementation Group Deepwater Horizon Oil Spill
Final Restoration Plan 2 and Environmental Assessment: Habitat Projects
on Federally Managed Lands, Sea Turtles, Marine Mammals, Birds, and
Provide and Enhance Recreational Opportunities; and Finding of No
Significant Impact
AGENCY: Department of the Interior.
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 Federal and State natural
resource trustee agencies for the Florida Trustee Implementation Group
(FL TIG) have prepared the Florida Trustee Implementation Group Final
Restoration Plan 2 and Environmental Assessment: Habitat Projects on
Federally Managed Lands; Sea Turtles; Marine Mammals; Birds; and
Provide and Enhance Recreational Opportunities (Final RP2/EA), and
Finding of No Significant Impact (FONSI). In the Final RP2/EA, the FL
TIG analyzed projects to help restore injured habitats, sea turtles,
marine mammals, and birds, and to compensate for lost recreational use
in the Florida Restoration Area as a result of the Deepwater Horizon
(DWH) oil spill. The Final RP2/EA describes and, in conjunction with
the associated FONSI, selects the preferred restoration projects
considered by the FL TIG to partially restore natural resources and
ecological services injured or lost as a result of the Deepwater
Horizon oil spill. The approximate cost to implement the FL TIG's
proposed action is $62,000,000. The purpose of this notice is to inform
the public of the availability of the Final RP2/EA and FONSI.
ADDRESSES: Obtaining Documents: You may download the Final RP2/EA from
either of the following websites:
<bullet> https://www.doi.gov/deepwaterhorizon
<bullet> <a href="https://www.gulfspillrestoration.noaa.gov/restoration-areas/florida">https://www.gulfspillrestoration.noaa.gov/restoration-areas/florida</a>
Alternatively, you may request a CD of the Final RP2/EA (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at
<a href="/cdn-cgi/l/email-protection#bed0dfd0ddd7dfd0d0e1ccdbd9dfd2dfdad1fed8c9cd90d9d1c8"><span class="__cf_email__" data-cfemail="593738373a30383737062b3c3e3835383d36193f2e2a773e362f">[email protected]</span></a> or 678-296-6805, or via the Federal Relay
Service at 800-877-8339.
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 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 DWH 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 to
baseline (the resource quality and conditions that would exist if the
spill had not occurred). This includes the loss of use and services
provided by those resources from the time of injury until the
completion of restoration.
The DWH Trustees are:
<bullet> 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;
<bullet> National Oceanic and Atmospheric Administration (NOAA), on
behalf of the U.S. Department of Commerce;
<bullet> U.S. Department of Agriculture (USDA);
<bullet> U.S. Environmental Protection Agency (EPA);
<bullet> 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;
<bullet> State of Mississippi Department of Environmental Quality;
<bullet> State of Alabama Department of Conservation and Natural
Resources and Geological Survey of Alabama;
<bullet> State of Florida Department of Environmental Protection
and Fish and Wildlife Conservation Commission; and
<bullet> State of Texas: Texas Parks and Wildlife Department, Texas
General Land Office, and Texas Commission on Environmental Quality.
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 arising from the DWH oil spill: United
States v. BPXP et al., Civ. No. 10-4536, centralized in MDL 2179,
[[Page 34274]]
In re: Oil Spill by the Oil Rig ``Deepwater Horizon'' in the Gulf of
Mexico, on April 20, 2010 (E.D. La.) (<a href="http://www.justice.gov/enrd/deepwater-horizon">http://www.justice.gov/enrd/deepwater-horizon</a>). Pursuant to the Consent Decree, restoration
projects in the Florida Restoration Area are chosen and managed by the
FL TIG. The FL TIG is composed of the following Trustees: State of
Florida Department of Environmental Protection and Fish and Wildlife
Conservation Commission; DOI; NOAA; EPA; and USDA.
Background
On August 20, 2019, the FL TIG posted a public notice at <a href="http://www.gulfspillrestoration.noaa.gov">http://www.gulfspillrestoration.noaa.gov</a> requesting natural resource
restoration project ideas by September 20, 2019, for the Florida
Restoration Area. The notice stated that the FL TIG was seeking project
ideas for the following restoration types: (1) Habitat Projects on
Federally Managed Lands; (2) Sea Turtles; (3) Marine Mammals; (4)
Birds; (5) Provide and Enhance Recreational Opportunities; and (6)
Oysters. On July 29, 2020, the FL TIG announced that it had initiated
drafting of the Final RP2/EA and that it would include a reasonable
range of restoration alternatives (projects) for five restoration
types. The FL TIG decided not to include Oysters Restoration Type
projects in the Draft RP2/EA (see Final RP2/EA for further details).
The FL TIG released the Draft RP2/EA on February 19, 2021, and its
notice of availability was published in the Federal Register on
February 25, 2021 (86 FR 11551). The Draft RP2/EA provided the FL TIG's
analysis of alternatives that would meet the Trustees' goals to restore
and conserve habitat, replenish and protect living coastal and marine
resources, and provide and enhance recreational opportunities under OPA
and NEPA, and identified the alternatives that were proposed as
preferred for implementation. The public review and comment period ran
through March 29, 2021. To facilitate public understanding of the
document, the FL TIG held a public webinar on March 11, 2021, and
accepted public comments during the webinar. The FL TIG considered the
public comments received during the webinar, through direct submittals
to its online public comment portal, and by USPS. A summary of comments
and the FL TIG's responses to those comments are provided in Chapter 5
of the Final RP2/EA.
Overview of the FL TIG Final RP2/EA
The Final RP2/EA provides the FL TIG's analysis of the reasonable
range of alternatives. The alternatives (projects) selected for
implementation are presented in the following table under the
restoration type from which funds would be allocated in accordance with
the DWH Consent Decree. The FL TIG changed REC3, Engineering and Design
for Pensacola Beach Park West Fishing Pier and Access Improvements,
from a preferred to a non-preferred alternative after reviewing the
public comments received on the project and undertaking additional
project review and discussion with Escambia County. The total estimated
cost for the eighteen selected projects is approximately $62,000,000.
Restoration Type: Habitat Projects on Federally Managed Lands
Johnson Beach Access Management and Habitat Protection
Perdido Key Sediment Placement
Pensacola Beach Fort Pickens Road Wildlife Lighting Retrofits
Restoration Type: Sea Turtles
Increased Observers and Outreach to Reduce Incidental Hooking of
Sea Turtles in Recreational Fisheries along Florida's Gulf Coast
Reducing Threats to Sea Turtles through Removal of In-water Marine
Debris along Florida's Gulf Coast
Assessing Risk and Conducting Public Outreach to Reduce Vessel
Strikes on Sea Turtles along Florida's Gulf Coast
Restoration Type: Marine Mammals
Florida Gulf Coast Marine Mammal Stranding Network
Restoration Type: Birds
Gomez Key Oyster Reef Expansion and Breakwaters for American
Oystercatchers
Egmont Key Vegetation Management and Dune Retention
Northeast Florida Coastal Predation Management
Florida Shorebird and Seabird Stewardship and Habitat Management--5
Years
Restoration Type: Provide and Enhance Recreational Opportunities
Pensacola Community Maritime Park Public Fishing Marina
Baars Park and Sanders Beach Kayak Fishing Trail Access Upgrades
Gulf Breeze Parks Boating and Fishing Access Upgrades
Lincoln Park Boat Ramp and Dock Improvements
Florida Artificial Reef Creation and Restoration--Phase 2
Apollo Beach Recreational Sportfish Hatchery Facility
Restoration Types: Habitat Projects on Federally Managed Lands and
Provide and Enhance Recreational Opportunities
St. Vincent National Wildlife Refuge Access and Recreational
Improvements through Acquisition at Indian Pass
The FL TIG also evaluated the No Action alternative and six action
alternatives that were not selected for implementation. Restoration
planning for the FL Restoration Area will continue.
Administrative Record
The documents comprising the Administrative Record for Final RP2/EA
can be viewed electronically at <a href="https://www.doi.gov/deepwaterhorizon/adminrecord">https://www.doi.gov/deepwaterhorizon/adminrecord</a>.
Authority
The authority for this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), its implementing NRDA 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. 2021-13876 Filed 6-28-21; 8:45 am]
BILLING CODE 4333-15-P
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