Federal & State Lawfederalstatelaw.com
Home/Federal/Federal Register/2022-16709
Notice2022-16709

Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Final Restoration Plan/Environmental Assessment #8: Wetlands, Coastal, and Nearshore Habitats and Finding of No Significant Impact

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
August 4, 2022

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon Oil Spill Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS), and Consent Decree, the Federal and State natural resource trustee agencies for the Louisiana Trustee Implementation Group (Louisiana TIG) have approved the Final Restoration Plan/Environmental Assessment #8: Wetlands, Coastal, and Nearshore Habitats (RP/EA #8) and Finding of No Significant Impact (FONSI). In the Final RP/EA #8, the Louisiana TIG selects for implementation four restoration projects to partially restore for injuries to wetlands, coastal and nearshore habitats in the Louisiana Restoration Area. The Federal Trustees of the Louisiana TIG have determined that the implementation of the Final RP/EA #8 is not a major Federal action significantly affecting the quality of the human environment within the context of the NEPA. They have concluded a FONSI is appropriate, and, therefore, an Environmental Impact Statement will not be prepared.

Full Text

<html>
<head>
<title>Federal Register, Volume 87 Issue 149 (Thursday, August 4, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47727-47728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16709]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC111]


Notice of Availability of the Deepwater Horizon Oil Spill 
Louisiana Trustee Implementation Group Final Restoration Plan/
Environmental Assessment #8: 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: Announcement of availability of Environmental Assessment.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the 
National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon 
Oil Spill Final Programmatic Damage Assessment and Restoration Plan and 
Final Programmatic Environmental Impact Statement (Final PDARP/PEIS), 
and Consent Decree, the Federal and State natural resource trustee 
agencies for the Louisiana Trustee Implementation Group (Louisiana TIG) 
have approved the Final Restoration Plan/Environmental Assessment #8: 
Wetlands, Coastal, and Nearshore Habitats (RP/EA #8) and Finding of No 
Significant Impact (FONSI). In the Final RP/EA #8, the Louisiana TIG 
selects for implementation four restoration projects to partially 
restore for injuries to wetlands, coastal and nearshore habitats in the 
Louisiana Restoration Area. The Federal Trustees of the Louisiana TIG 
have determined that the implementation of the Final RP/EA #8 is not a 
major Federal action significantly affecting the quality of the human 
environment within the context of the NEPA. They have concluded a FONSI 
is appropriate, and, therefore, an Environmental Impact Statement will 
not be prepared.

ADDRESSES: Obtaining Documents: You may access the Final RP/EA #8 from 
the ``News'' section of the Louisiana TIG website at: <a href="http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana">http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana</a>. 
Alternatively, you may request a CD of the Final RP/EA #8 (see FOR 
FURTHER INFORMATION CONTACT below).

FOR FURTHER INFORMATION CONTACT: Mel Landry, NOAA Restoration Center, 
225-425-0583, <a href="/cdn-cgi/l/email-protection#f09d959cde9c919e948289b09e9f9191de979f86"><span class="__cf_email__" data-cfemail="026f676e2c6e636c66707b426c6d63632c656d74">[email&#160;protected]</span></a>.

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 off shore 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 for the DWH oil spill 
under OPA (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:
    <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.
    The Trustees reached and finalized a settlement of their natural 
resource damage claims with BP in an April 4, 2016, Consent Decree 
approved 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 now selected and implemented by the 
Louisiana TIG. The Louisiana

[[Page 47728]]

TIG is composed of the following Federal Trustees: NOAA; DOI; EPA; and 
USDA.

Background

    Notice of Availability of the Deepwater Horizon Oil Spill Louisiana 
Trustee Implementation Group Draft Restoration Plan/Environmental 
Assessment #8: Wetlands, Coastal, and Nearshore Habitats (RP/EA #8) was 
published in the Federal Register at 87 FR 15385 on March 18, 2022. The 
public comment period for the Draft RP/EA #8 closed on April 18, 2022. 
Six public comments were received during the comment period. All 
comments were reviewed and taken into consideration in the preparation 
of the Final RP/EA #8.

Overview of the Louisiana TIG Final RP/EA #8

    In developing the RP/EA #8, the Louisiana TIG assembled a list of 
697 project alternatives for the restoration of wetlands, coastal, and 
nearshore habitat. These alternatives were based on proposals from the 
public as well as agencies, including projects submitted to the DWH 
Trustee or Louisiana TIG portals and projects submitted by individual 
state and Federal Trustees, including projects submitted on behalf of 
non-Trustee agencies. All alternatives underwent a step-wise screening 
process based on criteria established by OPA and the Louisiana TIG, 
whereby projects that did not meet the criteria were eliminated, and 
duplicative alternatives were combined. This resulted in six action 
alternatives for wetlands, coastal, and nearshore habitats, each of 
which are evaluated in the RP/EA #8. Alternatives that meet the 
criteria but are not carried forward as preferred alternatives may be 
considered in future restoration plans.
    Of the six alternatives evaluated, four are selected as preferred 
alternatives for the restoration of wetlands, coastal, and nearshore 
habitats. Three of the alternatives evaluated consider projects for 
Engineering and Design (E&D), and three of the alternatives evaluated 
consider projects for full implementation. The alternatives selected 
for implementation include the following:
    <bullet> East Orleans Landbridge Restoration (E&D): Preferred, 
$4,900,000.
    <bullet> Raccoon Island Barrier Island Restoration (E&D): 
Preferred, $8,200,000.
    <bullet> Bayou Dularge Ridge and Marsh Restoration: Preferred, 
$57,500,000.
    <bullet> Bayou La Loutre Ridge Restoration and Marsh Creation (PO-
0178): Preferred, $32,000,000.
    The RP/EA #8 also evaluates a No Action Alternative, under which no 
project would be constructed and no additional costs would be incurred 
at this time.
    The Louisiana TIG has examined the injuries assessed by the DWH 
Trustees and evaluated restoration alternatives to address the 
injuries. In Final RP/EA #8, the Louisiana TIG presents to the public 
its restoration plan for providing partial compensation to the public 
for injured natural resources and ecological services in the Louisiana 
Restoration Area. By selecting the preferred alternatives, the proposed 
action 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.

Additional Access to Materials

    You may request a CD of the Final RP/EA #8 (see FOR FURTHER 
INFORMATION CONTACT above). Copies of the Final RP/EA #8 are also 
available at the following locations:

----------------------------------------------------------------------------------------------------------------
                 Library                              Address                        City               Zip code
----------------------------------------------------------------------------------------------------------------
St. Tammany Parish Library...............  310 W. 21st Avenue..........  Covington...................      70433
New Orleans Public Library, Louisiana      219 Loyola Avenue...........  New Orleans.................      70112
 Division.
St. Bernard Parish Library...............  1125 E St. Bernard Highway..  Chalmette...................      70043
Plaquemines Parish Library...............  8442 Highway 23.............  Belle Chasse................      70037
Jefferson Parish Library, East Bank        4747 W Napoleon Avenue......  Metairie....................      70001
 Regional Library.
Jefferson Parish Library, West Bank        2751 Manhattan Boulevard....  Harvey......................      70058
 Regional Library.
Terrebonne Parish Library................  151 Library Drive...........  Houma.......................      70360
Martha Sowell Utley Memorial Library.....  314 St. Mary Street.........  Thibodaux...................      70301
South Lafourche Public Library...........  16241 E Main Street.........  Cut Off.....................      70345
East Baton Rouge Parish Library..........  7711 Goodwood Boulevard.....  Baton Rouge.................      70806
Alex P. Allain Library...................  206 Iberia Street...........  Franklin....................      70538
St. Martin Parish Library................  201 Porter Street...........  St. Martinville.............      70582
Iberia Parish Library....................  445 E Main Street...........  New Iberia..................      70560
Vermilion Parish Library.................  405 E St. Victor Street.....  Abbeville...................      70510
Mark Shirley, LSU AgCenter...............  1105 West Port Street.......  Abbeville...................      70510
Calcasieu Parish Public Library Central    301 W Claude Street.........  Lake Charles................      70605
 Branch.
----------------------------------------------------------------------------------------------------------------

Translation Opportunities

    Vietnamese translated materials including the Executive Summary and 
project fact sheets are posted in the ``News'' section of the Louisiana 
TIG's website: <a href="http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana">http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana</a>.

Administrative Record

    The documents comprising the Administrative Record for the Final 
RP/EA #8 can be viewed electronically at <a href="http://www.doi.gov/deepwaterhorizon/adminrecord">http://www.doi.gov/deepwaterhorizon/adminrecord</a>.

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: July 29, 2022.
Carrie Diane Robinson,
Director, Office of Habitat Conservation, National Marine Fisheries 
Service.
[FR Doc. 2022-16709 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
View on FederalRegister.gov →Plain-text source
Indexed from Federal Register on August 4, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.