81 FR 91138 - Notice of Availability of an Alabama Trustee Implementation Group (Alabama TIG) Draft Recreational Use Restoration Plan I and Draft Environmental Impact Statement: Provide and Enhance Recreational Opportunities (RP/EIS)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 242 (December 16, 2016)

In accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act (NEPA), the Deepwater Horizon Federal and State natural resource trustee agencies for the Alabama Trustee Implementation Group (Alabama TIG) have prepared a Draft Recreational Use Restoration Plan I and Draft Environmental Impact Statement: Provide and Enhance Recreational Opportunities (Draft RP/EIS). The Draft RP/EIS describes the restoration project alternatives considered by the Alabama TIG to compensate for recreational shoreline use lost as a result of the Deepwater Horizon oil spill. The Alabama TIG evaluated these alternatives under criteria set forth in the OPA natural resource damage assessment regulations and evaluated the environmental consequences of the restoration alternatives in accordance with NEPA. The purpose of this notice is to inform the public of the availability of the Draft RP/EIS and to seek public comments on the document.

[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91138-91140]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29952]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE201


Notice of Availability of an Alabama Trustee Implementation Group 
(Alabama TIG) Draft Recreational Use Restoration Plan I and Draft 
Environmental Impact Statement: Provide and Enhance Recreational 
Opportunities (RP/EIS)

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

ACTION: Notice of availability; request for comments.

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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the 
National Environmental Policy Act (NEPA), the Deepwater Horizon Federal 
and State natural resource trustee agencies for the Alabama Trustee 
Implementation Group (Alabama TIG) have prepared a Draft Recreational 
Use Restoration Plan I and Draft Environmental Impact Statement: 
Provide and Enhance Recreational Opportunities (Draft RP/EIS). The 
Draft RP/EIS describes the restoration project alternatives considered 
by the Alabama TIG to compensate for recreational shoreline use lost as 
a result of the Deepwater Horizon oil spill. The Alabama TIG evaluated 
these alternatives under criteria set forth in the OPA natural resource 
damage assessment regulations and evaluated the environmental 
consequences of the restoration alternatives in accordance with NEPA. 
The purpose of this notice is to inform the public of the availability 
of the Draft RP/EIS and to seek public comments on the document.

DATES: The Alabama TIG will consider public comments received on or 
before January 30, 2017.
    Public Meetings: The Alabama TIG will host two public meetings to 
facilitate public review and comment on the Draft RP/EIS. Both written 
and verbal public comments will be taken at each public meeting. The 
Alabama TIG will hold an open house for each meeting followed by a 
formal meeting where the Alabama TIG will take verbal public comments. 
Each public meeting will include a presentation of the Draft RP/EIS. 
Public meetings will be held on January 17 and 18, 2017. The full 
public meeting schedule is listed in the SUPPLEMENTARY INFORMATION 
section.

ADDRESSES: 
    Obtaining Documents: You may download the Draft RP/EIS at http://www.gulfspillrestoration.noaa.gov. Alternatively, you may request a CD 
of the Draft RP/EIS (see FOR FURTHER INFORMATION CONTACT). You may also 
view the document at any of the public facilities listed at http://www.gulfspillrestoration.noaa.gov.
    Submitting Comments: You may submit comments on the Draft RP/EIS by 
one of following methods:
     Via the Web: http://www.gulfspillrestoration.noaa.gov or
     U.S. Mail: NOAA Gulf of Mexico Disaster Response Center; 
attn: Alabama Recreational Use Restoration Plan; 7344 Zeigler Blvd.; 
Mobile, AL 36608. Please note that mailed comments must be postmarked 
on or before the comment deadline of January 30, 2017 to be considered.

FOR FURTHER INFORMATION CONTACT: 
     NOAA--Dan Van Nostrand, [email protected].
     AL--Amy Hunter, [email protected].

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), exploded, caught fire and subsequently sank 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 
Deepwater Horizon oil spill is the largest 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 to the 
environment as a result of the spill.
    The Deepwater Horizon State and Federal natural resource trustees 
(DWH Trustees) conducted the natural resource damage assessment (NRDA) 
for the Deepwater Horizon 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. 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

[[Page 91139]]

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:
     U.S. Department of the Interior (DOI), as represented by 
the National Park Service (NPS), U.S. Fish and Wildlife Service (FWS), 
and Bureau of Land Management (BLM);
     National Oceanic and Atmospheric Administration (NOAA), on 
behalf of the U.S. Department of Commerce (DOC);
     U.S. Department of Agriculture (USDA);
     U.S. Environmental Protection Agency (EPA);
     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;
     State of Mississippi Department of Environmental Quality;
     State of Alabama Department of Conservation and Natural 
Resources and Geological Survey of Alabama;
     State of Florida Department of Environmental Protection 
and Fish and Wildlife Conservation Commission; and
     For the State of Texas, Texas Parks and Wildlife 
Department, Texas General Land Office, and Texas Commission on 
Environmental Quality.
    Upon completion of the NRDA, the DWH Trustees reached and finalized 
a settlement of their natural resource damage claims with BP in a 
Consent Decree \1\ approved by the United States District Court for the 
Eastern District of Louisiana. Pursuant to that Consent Decree, 
restoration projects in Alabama are now chosen and managed by the 
Alabama TIG. The Alabama TIG is composed of the following Trustees:
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    \1\ https://www.justice.gov/enrd/file/838066/download.
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     U.S. Department of the Interior (DOI), as represented by 
the National Park Service (NPS), U.S. Fish and Wildlife Service (FWS), 
and Bureau of Land Management (BLM);
     National Oceanic and Atmospheric Administration (NOAA), on 
behalf of the U.S. Department of Commerce (DOC);
     U.S. Department of Agriculture (USDA);
     U.S. Environmental Protection Agency (EPA);
     State of Alabama Department of Conservation and Natural 
Resources; and
     Geological Survey of Alabama.
    This restoration planning activity is proceeding in accordance with 
the Deepwater Horizon Oil Spill: Final Programmatic Damage Assessment 
and Restoration Plan (PDARP) and Final Programmatic Environmental 
Impact Statement (PEIS). Information on the Restoration Type: Provide 
and Enhance Recreational Opportunities, as well as the OPA criteria 
against which project ideas are being evaluated, can be found in the 
PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan) and in the Overview of the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan).
    This restoration planning activity is occurring, in part, in 
accordance with the February 16, 2016, decision in Gulf Restoration 
Network v. Jewell, Case 1:15-cv-00191-CB-C (S.D. Ala.), in which the 
court enjoined the use of Deepwater Horizon early restoration that had 
been allocated to partially fund construction of a lodge and conference 
center at Alabama's Gulf State Park (GSP) as part of the GSP 
Enhancement Project, pending additional analysis under NEPA and OPA. 
This restoration planning activity fulfills the Federal and State 
natural resources trustees' responsibilities under this court order 
while looking more broadly at the potential to provide restoration for 
lost recreational shoreline use within Alabama.

Background

    On July 6, 2016, the Alabama TIG initiated a 30-day formal scoping 
and public comment period for this Draft RP/EIS (81 FR 44007-44008) 
through a Notice of Intent to Prepare a RP/EIS, and to Conduct Scoping. 
The Trustees conducted the scoping in accordance with OPA (15 CFR 
990.14(d)), NEPA (40 CFR 1501.7), and State authorities. That NOI 
requested public input to identify and evaluate a range of restoration 
types that could be used to compensate the public for lost recreational 
use opportunities in Alabama caused by the Deepwater Horizon oil spill 
in the Gulf of Mexico.

Overview of the Draft RP/EIS

    The Draft RP/EIS is being released in accordance with the OPA, NRDA 
regulations found in the Code of Federal Regulations (CFR) at 15 CFR 
part 990, and the NEPA (42 U.S.C. 4321 et seq.).
    In the Draft RP/EIS, the Alabama TIG presents to the public their 
plan for compensating for lost recreational shoreline use in Alabama. 
The Draft RP/EIS proposes ten individual restoration alternatives, 
including a no action alternative, evaluated in accordance with OPA and 
NEPA. One or more may be selected for implementation to compensate for 
lost recreational shoreline use as a result of the Deepwater Horizon 
oil spill.
    The ten alternatives under the Draft RP/EIS are as follows:
     Alternative 1 (Preferred Alternative): Gulf State Park 
Lodge and Associated Public Access Amenities
     Alternative 2 (Preferred Alternative): Fort Morgan Pier 
Rehabilitation
     Alternative 3: Fort Morgan Peninsula Public Access 
Improvements
     Alternative 4: Gulf Highlands Land Acquisition and 
Improvements
     Alternative 5: (Preferred Alternative) Laguna Cove Little 
Lagoon Natural Resource Protection
     Alternative 6 (Preferred Alternative): Bayfront Park 
Restoration and Improvements
     Alternative 7 (Preferred Alternative): Dauphin Island Eco-
Tourism and Environmental Education Area
     Alternative 8: Mid-Island Parks and Public Beach 
Improvements (Parcels A, B, and C)
     Alternative 9: (Preferred Alternative): Mid-Island Parks 
and Public Beach Improvements (Parcels B and C)
     Alternative 10: No Action/Natural Recovery
    The Alabama TIG has examined and assessed the extent of injury and 
the restoration alternatives. In the Draft RP/EIS, the Alabama TIG 
presents to the public their plan for providing partial compensation to 
the public for lost recreational use in Alabama. In particular, it 
considers restoration approaches to help restore, replace, 
rehabilitate, or acquire the equivalent of the lost recreational 
shoreline use in Alabama. The Alabama TIG believes that the preferred 
alternatives in this Draft RP/EIS are most appropriate for addressing 
lost recreational shoreline use in Alabama at this time. Additional 
restoration planning for lost recreational use in Alabama will occur at 
a later time.

Next Steps

    The public is encouraged to review and comment on the Draft RP/EIS. 
As described above, public meetings are scheduled to facilitate the 
public review and comment process. After the close of the public 
comment period, the Alabama TIG will consider and address the comments 
received before issuing a Final RP/EIS. A summary of comments received, 
the Alabama TIG's responses, and any revisions to the document, as

[[Page 91140]]

appropriate, will be included in the final document. After issuing the 
Final RP/EIS, the Alabama TIG will prepare a Record of Decision that 
formally selects the restoration project alternatives.

                                             Public Meeting Schedule
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                  Date                        Time  (local times)                       Location
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January 17, 2017........................  6 p.m. Open House..........  Shelby Auditorium, Shelby Fisheries
                                          6:30 p.m. Public Meeting...   Center, Dauphin Island Sea Lab, 101
                                                                        Bienville Boulevard, Dauphin Island, AL
                                                                        36528.
January 18, 2017........................  6 p.m. Open House..........  Erie H. Meyer Civic Center, 1930 W. 2nd
                                          6:30 p.m. Public Meeting...   Street, Gulf Shores, AL 36542.
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Invitation to Comment

    The Alabama TIG seeks public review and comment on the Draft RP/
EIS. 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 publicly available at any time.

Administrative Record

    The documents included in the Administrative Record can be viewed 
electronically at the following location: http://www.doi.gov/deepwaterhorizon/adminrecord.

Authority

    The authority of this action is the OPA of 1990 (33 U.S.C. 2701 et 
seq.) and the implementing NRDA regulations found at 15 CFR part 990.

    Dated: December 8, 2016.
Carrie Selberg,
Deputy Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 2016-29952 Filed 12-15-16; 8:45 am]
 BILLING CODE 3510-22-P