Notice2023-19738
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
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
September 15, 2023
Issuing agencies
Interior Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 178 (Friday, September 15, 2023)</title>
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[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Pages 63601-63602]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.gulfspillrestoration.noaa.gov/restoration-areas/open-ocean">https://www.gulfspillrestoration.noaa.gov/restoration-areas/open-ocean</a>. 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
<a href="/cdn-cgi/l/email-protection#1a747b7479737b747445687f7d7b767b7e755a7c6d69347d756c"><span class="__cf_email__" data-cfemail="701e111e1319111e1e2f021517111c11141f301607035e171f06">[email protected]</span></a> 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 <a href="https://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan">https://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan</a>.
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.
<bullet> Predator Removal and Seabird Nesting Colony Restoration at
Mona Island
<bullet> Seabird Nesting Colony Reestablishment and Protection at
Desecheo National Wildlife Refuge
<bullet> Seabird Nesting Colony Protection and Enhancement at Dry
Tortugas National Park
<bullet> Seabird Bycatch Reduction in Northeast U.S. and Atlantic
Canada Fisheries
<bullet> Northern Gannet Nesting Colony Restoration in Eastern Canada
<bullet> Common Tern Nesting Colony Restoration in Manitoba
<bullet> 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 <a href="https://www.doi.gov/deepwaterhorizon/adminrecord">https://www.doi.gov/deepwaterhorizon/adminrecord</a>
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]
BILLING CODE 4333-15-P
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