Notice2021-26415
Mississippi Trustee Implementation Group Deepwater Horizon Oil Spill Draft Restoration Plan 3 and Environmental Assessment: Habitat Projects on Federally Managed Lands; Sea Turtles; Marine Mammals; Birds; and Provide and Enhance Recreational Opportunities
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Published
December 7, 2021
Issuing agencies
Interior Department
Abstract
In accordance with the Oil Pollution Act of 1990, the National Environmental Policy Act of 1969, 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 Mississippi Trustee Implementation Group (MS TIG) have prepared the Mississippi Trustee Implementation Group Draft Restoration Plan 3 and Environmental Assessment: Habitat Projects on Federally Managed Lands; Sea Turtles; Marine Mammals; Birds; and Provide and Enhance Recreational Opportunities (Draft RP3/EA). In the Draft RP3/EA, the MS TIG proposes projects to partially restore injured habitats, sea turtles, marine mammals, birds, and to compensate for lost recreational use in the Mississippi Restoration Area as a result of the Deepwater Horizon oil spill. The approximate cost to implement the MS TIG's proposed action (seven preferred alternatives) is $19,000,000. We invite public comments on the Draft RP3/EA.
Full Text
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<title>Federal Register, Volume 86 Issue 232 (Tuesday, December 7, 2021)</title>
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[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69287-69288]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26415]
[[Page 69287]]
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DEPARTMENT OF THE INTERIOR
[FWS-R4-ES-2021-N209; FVHC98220410150-XXX-FF04H00000]
Mississippi Trustee Implementation Group Deepwater Horizon Oil
Spill Draft Restoration Plan 3 and Environmental Assessment: Habitat
Projects on Federally Managed Lands; Sea Turtles; Marine Mammals;
Birds; and Provide and Enhance Recreational Opportunities
AGENCY: Department of the Interior.
ACTION: Notice of availability; request for public comments.
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SUMMARY: In accordance with the Oil Pollution Act of 1990, the National
Environmental Policy Act of 1969, 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
Mississippi Trustee Implementation Group (MS TIG) have prepared the
Mississippi Trustee Implementation Group Draft Restoration Plan 3 and
Environmental Assessment: Habitat Projects on Federally Managed Lands;
Sea Turtles; Marine Mammals; Birds; and Provide and Enhance
Recreational Opportunities (Draft RP3/EA). In the Draft RP3/EA, the MS
TIG proposes projects to partially restore injured habitats, sea
turtles, marine mammals, birds, and to compensate for lost recreational
use in the Mississippi Restoration Area as a result of the Deepwater
Horizon oil spill. The approximate cost to implement the MS TIG's
proposed action (seven preferred alternatives) is $19,000,000. We
invite public comments on the Draft RP3/EA.
DATES: We will consider public comments on the Draft RP3/EA received on
or before 45 days after the date of publication in the Federal
Register.
The MS TIG will host a public webinar on Tuesday, January 11, 2022,
at 2 p.m. Central Time. The public webinar will include a presentation
of the Draft RP3/EA. The public may register for the webinar at <a href="https://attendee.gotowebinar.com/register/6376489461251797774">https://attendee.gotowebinar.com/register/6376489461251797774</a>. 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 web at <a href="https://www.gulfspillrestoration.noaa.gov/restoration-areas/mississippi">https://www.gulfspillrestoration.noaa.gov/restoration-areas/mississippi</a>.
ADDRESSES: Obtaining Documents: You may download the Draft RP3/EA from
either of the following websites:
<bullet> https://www.doi.gov/deepwaterhorizon
<bullet> <a href="https://www.gulfspillrestoration.noaa.gov/restoration-areas/mississippi">https://www.gulfspillrestoration.noaa.gov/restoration-areas/mississippi</a>
Alternatively, you may request a CD of the Draft RP3/EA (see FOR
FURTHER INFORMATION CONTACT).
Submitting Comments: You may submit comments by one of the
following methods:
<bullet> Via the Web: <a href="http://www.gulfspillrestoration.noaa.gov/restoration-areas/mississippi">http://www.gulfspillrestoration.noaa.gov/restoration-areas/mississippi</a>.
<bullet> Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box
29649, Atlanta, GA 30345. To be considered, mailed comments must be
postmarked on or before the comment deadline given in DATES.
<bullet> During the Public Webinar: Written comments may be
provided by the public during the webinar. Webinar information is
provided in DATES.
FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at
<a href="/cdn-cgi/l/email-protection#c0aea1aea3a9a1aeae9fb2a5a7a1aca1a4af80a6b7b3eea7afb6"><span class="__cf_email__" data-cfemail="4a242b2429232b242415382f2d2b262b2e250a2c3d39642d253c">[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 (DWH), 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, 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 Mississippi Restoration Area are chosen and managed by
the MS TIG. The MS TIG is composed of the following Trustees: State of
Mississippi Department of Environmental Quality; DOI; NOAA; EPA; and
USDA.
Background
On October 30, 2020, the MS TIG posted a public notice at <a href="http://www.gulfspillrestoration.noaa.gov">http://www.gulfspillrestoration.noaa.gov</a> requesting new or revised natural
resource restoration project ideas by November 30, 2020, for the
Mississippi
[[Page 69288]]
Restoration Area. The notice stated that the MS 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; and (5) Provide and Enhance Recreational Opportunities. On June
11, 2021, the MS TIG announced that it had initiated drafting of the
RP3/EA and that it would include a reasonable range of restoration
alternatives (projects) for the five restoration types.
Overview of the MS TIG Draft RP3/EA
The Draft RP3/EA provides the MS TIG's analysis of the reasonable
range of alternatives. The MS TIG's seven preferred alternatives are
presented in the following table under the restoration type from which
funds would be allocated in accordance with the DWH Consent Decree. The
MS TIG also evaluated five non-preferred alternatives as part of the
reasonable range, and a No Action alternative for each restoration type
in the plan.
Restoration Type: Habitat Projects on Federally Managed Lands
Improve Native Habitats by Removing Marine Debris from Mississippi
Barrier Islands
Restoration Type: Sea Turtles
Maintaining Enhanced Sea Turtle Stranding Network Capacity and
Diagnostic Capabilities
Restoration Type: Marine Mammals
Maintaining Enhanced Marine Mammal Stranding Network Capacity and
Diagnostic Capabilities
Reduction of Marine Mammal Fishery Interactions through Trawl Technique
and Component Material Improvements
Restoration Type: Birds
Bird Stewardship and Enhanced Monitoring in Mississippi
Restoration Type: Provide and Enhance Recreational Opportunities
Clower Thornton Nature Park Trail Improvement
Environmental Education and Stewardship at Walter Anderson Museum of
Art
Next Steps
As described above in DATES, the MS TIG will host a public webinar
to facilitate the public review and comment process. After the public
comment period ends, the MS TIG will consider and address the comments
received before issuing a final RP3/EA. Public comments and MS TIG
responses will be included in the final RP3/EA.
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 Draft
RP3/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
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 1500-
1508.
Mary Josie Blanchard,
Director, Gulf of Mexico Restoration, Department of the Interior.
[FR Doc. 2021-26415 Filed 12-6-21; 8:45 am]
BILLING CODE 4333-15-P
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