82 FR 48485 - Notice of Availability of the Deepwater Horizon Oil Spill Texas Trustee Implementation Group Final 2017 Restoration Plan and Finding of No Significant Impact

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 200 (October 18, 2017)

In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), and a Consent Decree with BP Exploration & Production Inc. (BP), entered in: Oil Spill by the Oil Rig ``Deepwater Horizon'' in the Gulf of Mexico, on April 20, 2010, MDL No. 2179 in the United States District Court for the Eastern District of Louisiana, the Deepwater Horizon Federal and State natural resource trustee agencies for the Texas Trustee Implementation Group (Texas TIG) have prepared the Final 2017 Restoration Plan and Environmental Assessment: Restoration of Wetlands, Coastal, and Nearshore Habitats; and Oysters (Final RP/EA). The Final RP/EA describes and, in conjunction with the associated Finding of No Significant Impact (FONSI), selects 13 preferred alternatives considered by the Texas TIG to restore natural resources and ecological services injured or lost as a result of the Deepwater Horizon oil spill. The Texas TIG evaluated 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 selected projects are consistent with the restoration alternatives selected in the Deepwater Horizon Oil Spill: Final Programmatic Damage Assessment and Restoration Plan/Programmatic Environmental Impact Statement (PDARP/PEIS). The Federal Trustees of the Texas TIG have determined that implementation of the Final RP/EA is not a major Federal Action significantly affecting the quality of the human environment within the context of NEPA. They have concluded a FONSI is appropriate, and, therefore, an Environmental Impact Statement will not be prepared. The purpose of this notice is to inform the public of the approval and availability of the Final RP/EA and FONSI.

[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48485-48486]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22607]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE201


Notice of Availability of the Deepwater Horizon Oil Spill Texas 
Trustee Implementation Group Final 2017 Restoration Plan and Finding of 
No Significant Impact

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

ACTION: Notice of availability.

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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the 
National Environmental Policy Act (NEPA), and a Consent Decree with BP 
Exploration & Production Inc. (BP), entered in: Oil Spill by the Oil 
Rig ``Deepwater Horizon'' in the Gulf of Mexico, on April 20, 2010, MDL 
No. 2179 in the United States District Court for the Eastern District 
of Louisiana, the Deepwater Horizon Federal and State natural resource 
trustee agencies for the Texas Trustee Implementation Group (Texas TIG) 
have prepared the Final 2017 Restoration Plan and Environmental 
Assessment: Restoration of Wetlands, Coastal, and Nearshore Habitats; 
and Oysters (Final RP/EA). The Final RP/EA describes and, in 
conjunction with the associated Finding of No Significant Impact 
(FONSI), selects 13 preferred alternatives considered by the Texas TIG 
to restore natural resources and ecological services injured or lost as 
a result of the Deepwater Horizon oil spill. The Texas TIG evaluated 
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 selected projects are consistent with the restoration alternatives 
selected in the Deepwater Horizon Oil Spill: Final Programmatic Damage 
Assessment and Restoration Plan/Programmatic Environmental Impact 
Statement (PDARP/PEIS). The Federal Trustees of the Texas TIG have 
determined that implementation of the Final RP/EA is not a major 
Federal Action significantly affecting the quality of the human 
environment within the context of NEPA. They have concluded a FONSI is 
appropriate, and, therefore, an Environmental Impact Statement will not 
be prepared. The purpose of this notice is to inform the public of the 
approval and availability of the Final RP/EA and FONSI.

ADDRESSES: Obtaining Documents: You may download the Final RP/EA and 
FONSI at http://www.gulfspillrestoration.noaa.gov. Alternatively, you 
may request a CD of the Final RP/EA and FONSI (see FOR FURTHER 
INFORMATION CONTACT). In addition, you may view the document at any of 
the public facilities listed at http://www.gulfspillrestoration.noaa.gov.

FOR FURTHER INFORMATION CONTACT:
     National Oceanic and Atmospheric Administration--Jamie 
Schubert, [email protected], 409-621-1248;
     Texas Parks and Wildlife Department--Don Pitts, 
[email protected], 512-389-8754.

SUPPLEMENTARY INFORMATION:

Introduction

    On April 20, 2010, the mobile offshore drilling unit Deepwater 
Horizon, which was being used to drill a well for 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 maritime 
oil spill in United States 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 also was released to the environment as a result of the 
spill.
    The Deepwater Horizon Federal and State natural resource trustees 
(DWH Trustees) conducted the natural resource damage assessment (NRDA) 
for the Deepwater Horizon oil spill under the Oil Pollution Act of 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:

[[Page 48486]]

     U.S. Department of the Interior, as represented by the 
National Park Service, U.S. Fish and Wildlife Service, and Bureau of 
Land Management;
     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 damages claims with BP in a 
Consent Decree approved by the U.S. District Court for the Eastern 
District of Louisiana. Pursuant to that Consent Decree, restoration 
projects in the Texas Restoration Area are now chosen and managed by 
the Texas TIG. The Texas TIG is comprised of the following DWH 
Trustees:
     Texas Parks and Wildlife Department;
     Texas General Land Office;
     Texas Commission on Environmental Quality;
     U.S. Department of the Interior, as represented by 
National Park Service, U.S. Fish and Wildlife Service, and Bureau of 
Land Management;
     National Oceanic and Atmospheric Administration, on behalf 
of the U.S. Department of Commerce;
     U.S. Department of Agriculture; and
     U.S. Environmental Protection Agency.
    This restoration planning activity is proceeding in accordance with 
the PDARP/PEIS. Information on the Restoration Types considered in the 
Final RP/EA, as well as the OPA criteria against which project ideas 
were evaluated, can be viewed 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).

Background

    On July 6, 2016, the Texas TIG posted a public notice at http://www.gulfspillrestoration.noaa.gov requesting new or revised proposals 
by August 31, 2016, regarding natural resource restoration in the Texas 
Restoration Area for the 2016-2017 planning years. The notice stated 
that the Texas TIG is prioritizing restoration planning efforts on 
Restoration Types that were not addressed previously by Early 
Restoration: (1) Restore and conserve wetland, coastal, and nearshore 
habitats; (2) restore water quality through nutrient reduction 
(nonpoint source); and (3) replenish and protect oysters.
    A Notice of Availability of the Deepwater Horizon Oil Spill Texas 
Trustee Implementation Group Draft 2017 Restoration Plan and 
Environmental Assessment: Restoration of Wetlands, Coastal, and 
Nearshore Habitats; and Oysters (Draft RP/EA) was published in the 
Federal Register on May 18, with a correction published on June 1, 
2017. The Draft RP/EA proposed 13 restoration project alternatives 
consistent with the Restoration Types selected in the PDARP/PEIS. The 
Texas 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 Texas TIG provided the public with 33 days to 
review and provide comment on the Draft RP/EA. During the public review 
period, which ended on June 19, 2017, the Texas TIG held two public 
meetings in Corpus Christi (June 7, 2017) and La Marque (June 8, 2017). 
The Texas TIG considered the public comments received, which informed 
the Texas TIG's analyses and selection of the restoration projects in 
the Final RP/EA. A summary of the public comments received and the 
Trustees' responses to those comments are addressed in Chapter 7 of the 
Final RP/EA.

Overview of the Final RP/EA

    The Final RP/EA is being released in accordance with OPA, the OPA 
NRDA regulations in the Code of Federal Regulations (CFR) at 15 CFR 
part 990, and NEPA (42 U.S.C. 4321 et seq.).
    In the Final RP/EA, the Texas TIG selects as its preferred 
alternatives for the following Restoration Types: (1) Wetland, coastal, 
and nearshore habitats; and (2) oysters. For the water quality 
(nonpoint source) Restoration Type, the Texas TIG has determined 
additional restoration planning is necessary, and does not propose or 
select any restoration projects in this RP/EA.
    For wetland, coastal, and nearshore habitats, the Final RP/EA 
selects the following preferred project alternatives:
     Bird Island Cove Habitat Restoration Engineering,
     Essex Bayou Habitat Restoration Engineering,
     Dredged Material Planning for Wetland Restoration,
     McFaddin Beach and Dune Restoration,
     Bessie Heights Wetland Restoration,
     Pierce Marsh Wetland Restoration,
     Indian Point Shoreline Erosion Protection,
     Bahia Grande Hydrologic Restoration,
     Follets Island Habitat Acquisition,
     Mid-Coast Habitat Acquisition,
     Bahia Grande Coastal Corridor Habitat Acquisition, and
     Laguna Atascosa Habitat Acquisition.
    For oysters, the Final RP/EA selects Oyster Restoration Engineering 
as the preferred project alternative.
    The Texas TIG has examined the injuries assessed by the DWH 
Trustees and evaluated restoration alternatives to address the 
injuries. In the Final RP/EA, the Texas TIG presents to the public its 
plan for providing partial compensation to the public for injured 
natural resources and ecological services in the Texas Restoration 
Area. The selected projects are intended to continue the process of 
restoring natural resources and ecological services injured or lost as 
a result of the Deepwater Horizon oil spill. The total estimated cost 
of the selected projects is $45,761,000. Additional restoration 
planning for the Texas Restoration Area will continue.

Administrative Record

    The documents comprising the Administrative Record for the Final 
RP/EA and FONSI can be viewed electronically at http://www.doi.gov/deepwaterhorizon/adminrecord.

    Authority: The authority for this action is OPA (33 U.S.C. 2701 
et seq.) and the OPA NRDA regulations at 15 CFR part 990.

    Dated: October 13, 2017.
Christopher Meaney,
Acting Deputy Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 2017-22607 Filed 10-17-17; 8:45 am]
 BILLING CODE 3510-22-P