82 FR 17975 - Notice of Availability of the Alabama Trustee Implementation Group Final Recreational Use Restoration Plan I and Final Environmental Impact Statement

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 71 (April 14, 2017)

Page Range		17975-17976
FR Document		2017-07349

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 Final Restoration Plan I and Environmental Impact Statement: Provide and Enhance Recreational Opportunities (Final RP/EIS). The Final 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 (NRDA) regulations, and also 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 Final RP/EIS.

Federal Register, Volume 82 Issue 71 (Friday, April 14, 2017)

[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Notices]
[Pages 17975-17976]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07349]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE201


Notice of Availability of the Alabama Trustee Implementation 
Group Final Recreational Use Restoration Plan I and Final Environmental 
Impact Statement

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

ACTION: Notice of availability of the Alabama Trustee Implementation 
Group Final Recreational Use Restoration Plan I and Final Environmental 
Impact Statement.

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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 Final Restoration 
Plan I and Environmental Impact Statement: Provide and Enhance 
Recreational Opportunities (Final RP/EIS). The Final 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 (NRDA) regulations, and also 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 Final RP/EIS.

ADDRESSES: Obtaining Documents: You may download the Final RP/EIS at 
http://www.gulfspillrestoration.noaa.gov. Alternatively, you may 
request a CD of the Final 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.

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 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 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, as represented by the 
National Park Service and U.S. Fish and Wildlife Service;
     National Oceanic and Atmospheric Administration, on behalf 
of the U.S. Department of Commerce;
     U.S. Department of Agriculture;
     U.S. Environmental Protection Agency;
     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, as represented by the 
National Park Service and U.S. Fish and Wildlife Service;
     National Oceanic and Atmospheric Administration, on behalf 
of the U.S. Department of Commerce;
     U.S. Department of Agriculture;
     U.S. Environmental Protection Agency;
     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 and Final

[[Page 17976]]

Programmatic Environmental Impact Statement (PDARP/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 funds 
that had been allocated to partially fund construction of a lodge and 
conference center at Alabama's Gulf State Park as part of the Gulf 
State Park Enhancement Project, pending additional analysis under NEPA 
and OPA. This restoration planning activity fulfills the Federal and 
State natural resource 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 Final RP/EIS (81 FR 44007-44008) 
through a Notice of Intent (NOI) to Prepare a RP/EIS, and to Conduct 
Scoping. The Alabama TIG 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 restoration approaches and 
restoration projects 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.
    Notice of availability of the Draft RP/EIS was published in the 
Federal Register on December 16, 2016 (81 FR 91138). The Draft RP/EIS 
provided the Alabama TIG's analysis of projects to address lost 
recreational shoreline use under both OPA and NEPA and identified the 
projects that were proposed as preferred for implementation. The 
Alabama TIG provided the public with 45 days to review and comment on 
the Draft RP/EIS. The Alabama TIG also held public meetings in Dauphin 
Island, AL, and Gulf Shores, AL, to facilitate public understanding of 
the document and provide opportunity for public comment. The Alabama 
TIG actively solicited public input through a variety of mechanisms, 
including convening public meetings, distributing electronic 
communications, and using the Trustee-wide public Web site and database 
to share information and receive public input. The Alabama TIG 
considered the public comments received, which informed the Alabama 
TIG's analysis of alternatives in the Final RP/EIS. A summary of the 
public comments received and the Alabama TIG's responses to those 
comments are addressed in Chapter 9 of the Final RP/EIS and all 
correspondence received are provided Appendix B.

Overview of the Final PDARP/PEIS

    The Final RP/EIS is being released in accordance with the OPA, the 
NRDA regulations found at 15 CFR part 990, and the NEPA (42 U.S.C. 4321 
et seq.).
    In the Final RP/EIS, the Alabama TIG presents to the public their 
plan for providing for compensation for lost recreational shoreline use 
in Alabama. The Final RP/EIS presents ten individual restoration 
alternatives, including a no action alternative, evaluated in 
accordance with OPA and NEPA. The ten alternatives under the Final 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 Final RP/EIS, the Alabama TIG 
presents to the public its 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 uses in Alabama. The Alabama TIG believes that the preferred 
alternatives in this Final 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

    In accordance with NEPA, a Federal agency must prepare a concise 
public Record of Decision (ROD) at the time the agency makes a decision 
in cases involving an EIS (40 CFR 1505.2). The Trustees will issue a 
ROD pursuant to the NEPA regulations at 40 CFR 1505.2 and OPA 
regulations at 15 CFR 990.23. The ROD for the Final RP/EIS will provide 
and explain the Alabama TIG's decisions regarding the selection of the 
alternatives for implementation. The Alabama TIG will issue the ROD no 
earlier than 30 days after the Environmental Protection Agency 
publishes a notice in the Federal Register announcing the availability 
of the Final RP/EIS (40 CFR 1506.10).

Administrative Record

    The documents included in the Administrative Record can be viewed 
electronically at the following location: http://www.doi.gov/deepwaterhorizon/adminrecord.
    The DWH Trustees opened a publicly available Administrative Record 
for the NRDA for the Deepwater Horizon oil spill, including restoration 
planning activities, concurrently with publication of the 2011 Notice 
of Intent to Begin Restoration Scoping and Prepare a Gulf Spill 
Restoration Planning PEIS (pursuant to 15 CFR 990.45). The 
Administrative Record includes the relevant administrative records 
since its date of inception. This Administrative Record is actively 
maintained and available for public review.

Authority

    The authority of this action is the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.), the implementing NRDA regulations found at 15 CFR 
part 990, and NEPA (42 U.S.C. 4321 et seq.).

    Dated: April 6, 2017.
Carrie Selberg,
Deputy Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 2017-07349 Filed 4-13-17; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices 17975

issues may not be the subject of formal Alabama TIG evaluated these trusteeship, including the loss of use
action during this meeting. Action will alternatives under criteria set forth in and services from those resources from
be restricted to those issues specifically the OPA natural resource damage the time of injury until the time of
listed in this notice and any issues assessment (NRDA) regulations, and restoration to baseline (the resource
arising after publication of this notice also evaluated the environmental quality and conditions that would exist
that require emergency action under consequences of the restoration if the spill had not occurred) is
section 305(c) of the Magnuson-Stevens alternatives in accordance with NEPA. complete.
Act, provided the public has been The purpose of this notice is to inform The DWH Trustees are:
notified of the Council’s intent to take the public of the availability of the Final • U.S. Department of the Interior, as
final action to address the emergency. RP/EIS. represented by the National Park
ADDRESSES: Obtaining Documents: You Service and U.S. Fish and Wildlife
Special Accommodations Service;
may download the Final RP/EIS at
This meeting is physically accessible http:// • National Oceanic and Atmospheric
to people with disabilities. Requests for www.gulfspillrestoration.noaa.gov. Administration, on behalf of the U.S.
sign language interpretation or other Alternatively, you may request a CD of Department of Commerce;
auxiliary aids should be directed to the Final RP/EIS (see FOR FURTHER • U.S. Department of Agriculture;
Thomas A. Nies, Executive Director, at INFORMATION CONTACT). You may also • U.S. Environmental Protection
(978) 465–0492, at least 5 days prior to view the document at any of the public Agency;
the meeting date. Consistent with 16 facilities listed at http:// • State of Louisiana Coastal
U.S.C. 1852, a copy of the recording is www.gulfspillrestoration.noaa.gov. Protection and Restoration Authority,
available upon request. Oil Spill Coordinator’s Office,
FOR FURTHER INFORMATION CONTACT:
Authority: 16 U.S.C. 1801 et seq. • NOAA—Dan Van Nostrand, Department of Environmental Quality,
ALTIG.RecUsePlanComments@ Department of Wildlife and Fisheries,
Dated: April 11, 2017. and Department of Natural Resources;
noaa.gov.
Tracey L. Thompson,
• AL—Amy Hunter, amy.hunter@ • State of Mississippi Department of
Acting Deputy Director, Office of Sustainable Environmental Quality;
dcnr.alabama.gov.
Fisheries, National Marine Fisheries Service. • State of Alabama Department of
[FR Doc. 2017–07583 Filed 4–13–17; 8:45 am] SUPPLEMENTARY INFORMATION: Conservation and Natural Resources and
BILLING CODE 3510–22–P Introduction Geological Survey of Alabama;
• State of Florida Department of
On April 20, 2010, the mobile Environmental Protection and Fish and
DEPARTMENT OF COMMERCE offshore drilling unit Deepwater Wildlife Conservation Commission; and
Horizon, which was being used to drill • For the State of Texas, Texas Parks
National Oceanic and Atmospheric a well for BP Exploration and and Wildlife Department, Texas General
Administration Production Inc. (BP), in the Macondo Land Office, and Texas Commission on
prospect (Mississippi Canyon 252– Environmental Quality.
RIN 0648–XE201
MC252), exploded, caught fire and Upon completion of the NRDA, the
Notice of Availability of the Alabama subsequently sank in the Gulf of DWH Trustees reached and finalized a
Trustee Implementation Group Final Mexico, resulting in an unprecedented settlement of their natural resource
Recreational Use Restoration Plan I volume of oil and other discharges from damage claims with BP in a Consent
and Final Environmental Impact the rig and from the wellhead on the Decree 1 approved by the United States
Statement seabed. The Deepwater Horizon oil spill District Court for the Eastern District of
is the largest oil spill in U.S. history, Louisiana. Pursuant to that Consent
AGENCY: National Marine Fisheries discharging millions of barrels of oil Decree, restoration projects in Alabama
Service (NMFS), National Oceanic and over a period of 87 days. In addition, are now chosen and managed by the
Atmospheric Administration (NOAA), well over one million gallons of Alabama TIG. The Alabama TIG is
Department of Commerce. dispersants were applied to the waters composed of the following Trustees:
ACTION: Notice of availability of the of the spill area in an attempt to • U.S. Department of the Interior, as
Alabama Trustee Implementation Group disperse the spilled oil. An represented by the National Park
Final Recreational Use Restoration Plan undetermined amount of natural gas Service and U.S. Fish and Wildlife
I and Final Environmental Impact was also released to the environment as Service;
Statement. a result of the spill. • National Oceanic and Atmospheric
The Deepwater Horizon State and Administration, on behalf of the U.S.
SUMMARY: In accordance with the Oil Federal natural resource trustees (DWH Department of Commerce;
Pollution Act of 1990 (OPA) and the Trustees) conducted NRDA for the • U.S. Department of Agriculture;
National Environmental Policy Act Deepwater Horizon oil spill under the • U.S. Environmental Protection
(NEPA), the Deepwater Horizon Federal Oil Pollution Act 1990 (OPA; 33 U.S.C. Agency;
and State natural resource trustee 2701 et seq.). Pursuant to OPA, Federal • State of Alabama Department of
agencies for the Alabama Trustee and State agencies act as trustees on Conservation and Natural Resources;
Implementation Group (Alabama TIG) behalf of the public to assess natural and
have prepared a Final Restoration Plan resource injuries and losses and to • Geological Survey of Alabama.
I and Environmental Impact Statement: determine the actions required to
sradovich on DSK3GMQ082PROD with NOTICES

This restoration planning activity is
Provide and Enhance Recreational compensate the public for those injuries proceeding in accordance with the
Opportunities (Final RP/EIS). The Final and losses. OPA further instructs the Deepwater Horizon Oil Spill: Final
RP/EIS describes the restoration project designated trustees to develop and Programmatic Damage Assessment and
alternatives considered by the Alabama implement a plan for the restoration, Restoration Plan and Final
TIG to compensate for recreational rehabilitation, replacement, or
shoreline use lost as a result of the acquisition of the equivalent of the 1 https://www.justice.gov/enrd/file/838066/

Deepwater Horizon oil spill. The injured natural resources under their download.

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Document Created: 2017-04-14 00:56:19
Document Modified: 2017-04-14 00:56:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability of the Alabama Trustee Implementation Group Final Recreational Use Restoration Plan I and Final Environmental Impact Statement.
Contact		<bullet> NOAA--Dan Van Nostrand, [email protected]
FR Citation		82 FR 17975
RIN Number		0648-XE20

82 FR 17975 - Notice of Availability of the Alabama Trustee Implementation Group Final Recreational Use Restoration Plan I and Final Environmental Impact Statement

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 71 (April 14, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration