82 FR 51858 - Notice of Availability; Florida Trustee Implementation Group Deepwater Horizon
DEPARTMENT OF THE INTERIOR Federal Register Volume 82, Issue 215 (November 8, 2017)
Federal Register Volume 82, Issue 215 (November 8, 2017)
| Page Range | 51858-51860 | |
| FR Document | 2017-24197 |
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)] [Notices] [Pages 51858-51860] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24197] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR [FWS-R4-ES-2017-N156; FVHC98220410150-XXX-FF04G01000] Notice of Availability; Florida Trustee Implementation Group Deepwater Horizon Oil Spill Draft Phase V.2 Restoration Plan and Supplemental Environmental Assessment; Florida Coastal Access Project AGENCY: Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: In accordance with the Oil Pollution Act of 1990, the National Environmental Policy Act, the Deepwater Horizon Oil Spill Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS), and the resulting Consent Decree, the Federal and State natural resource trustee agencies for the Florida Trustee Implementation Group (Florida TIG) have prepared a Draft Phase V.2 Restoration Plan and Supplemental Environmental Assessment (Draft Phase V.2 RP/SEA). The Draft Phase V.2 RP/SEA supplements the 2016 Final Phase V Early Restoration Plan and Environmental Assessment (Final Phase V ERP/EA) and describes and proposes the second phase of the Florida Coastal Access Project intended to continue the process of restoring natural resources and services injured or lost as a result of the Deepwater Horizon oil spill, which occurred on or about April 20, 2010, in the Gulf of Mexico. DATES: The Florida TIG will consider public comments received on or before December 8, 2017. Public Meeting: The Florida TIG has scheduled a public meeting to facilitate public review and comment on the Draft Phase V.2 RP/SEA. Both written and verbal comments will be taken at the public meeting. The Florida TIG will hold an open house followed by a public meeting. The public meeting will include a presentation of the Draft Phase V.2 RP/SEA. The public meeting schedule is as follows: ------------------------------------------------------------------------ Date Time Location ------------------------------------------------------------------------ November 16, 2017........... 5:30 to 6:30 p.m.: Robert M. Moore Open house--6:30 to Administration 8:00 p.m.: Public Building, 1000 meeting Cecil G. Costin Sr. (presentations and Blvd., Port St. discussion). Joe, FL 32456. ------------------------------------------------------------------------ ADDRESSES: Obtaining Documents: You may download the Draft Phase V.2 RP/SEA at any of the following sites:http://www.gulfspillrestoration.noaa.gov. http://www.doi.gov/deepwaterhorizon. http://dep.state.fl.us/deepwaterhorizon/default.htm. Alternatively, you may request a CD of the Draft Phase V.2 RP/SEA (see FOR [[Page 51859]] 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 Phase V.2 RP/SEA by one of following methods: Via the Web: http://www.gulfspillrestoration.noaa.gov. Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 49567, Atlanta, GA 30345. In order to be considered, mailed comments must be postmarked on or before the comment deadline given in the DATES section of this notice. In Person: Written and oral comments may be submitted at the public meeting on November 16, 2017 (see Public Availability of Comments below). FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at 404-679-4161, or email [email protected]. SUPPLEMENTARY INFORMATION: Introduction On or about 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 Deepwater Horizon 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 1 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 Trustees conducted the natural resource damage assessment (NRDA) for the Deepwater Horizon oil spill under OPA. Pursuant to OPA (OPA; 33 U.S.C. 2701 et seq.), 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 Deepwater Horizon Trustees are: 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; National Oceanic and Atmospheric Administration (NOAA), on behalf of the U.S. Department of Commerce; 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 State of Texas: Texas Parks and Wildlife Department, Texas General Land Office, and Texas Commission on Environmental Quality. Upon completion of the NRDA, 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 Florida Restoration Area are now chosen and managed by the Florida TIG. The Florida TIG is composed of the following six Trustees: State of Florida Department of Environmental Protection and Fish and Wildlife Conservation Commission; DOI; NOAA; EPA; and USDA. Background In the 2011 Framework Agreement for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill (Framework Agreement), BP agreed to provide to the Trustees up to $1 billion toward early restoration projects in the Gulf of Mexico to address injuries to natural resources caused by the Deepwater Horizon oil spill. The Framework Agreement represented a preliminary step toward the restoration of injured natural resources and was intended to expedite the start of restoration in the Gulf in advance of the completion of the injury assessment process. Early restoration was not intended to and did not fully address all injuries caused by the Deepwater Horizon oil spill. In the five phases of the early restoration process, the Trustees selected, and BP agreed to fund, a total of 65 early restoration projects expected to cost a total of approximately $877 million. The Trustees selected these projects after public notice, public meetings, and consideration of public comments, through the Phase I Early Restoration Plan/Environmental Assessment (Phase I ERP/EA), Phase II Early Restoration Plan/Environmental Review (Phase II ERP/ER), Phase III ERP/PEIS, Phase IV Early Restoration Plan/Environment Assessments (Phase IV ERP/EA), and Phase V ERP/EA. These plans are available at: http://www.doi.gov/deepwaterhorizon. The April 4, 2016, Consent Decree terminated and replaced the Framework Agreement and provided that the Trustees shall use remaining early restoration funds as specified in the early restoration plans and in accordance with the Consent Decree. The Trustees have determined that decisions concerning any unexpended early restoration funds are to be made by the appropriate Trustee Implementation Group for that project. Overview of the Draft Phase V.2 RP/SEA In the Final Phase V ERP/EA, the Deepwater Horizon State and Federal natural resource trustees (Trustees) evaluated and selected the first phase of the Florida Coastal Access Project. The Final Phase V ERP/EA provided that the Florida Coastal Access Project would proceed in phases, and that these future phases would consist of similar restoration activities to be identified and selected by the Trustees in the same manner and using the same criteria as described in the Final Phase V ERP/EA, in accordance with OPA, NEPA, and other applicable laws, and after public review of the proposed activities. The proposed second phase of the Florida Coastal Access Project is consistent with the early restoration program alternatives selected in the Final Phase III Early Restoration Plan/Programmatic Environmental Impact Statement (Final Phase III ERP/PEIS) and the Final PDARP/PEIS. The purpose of this notice is to inform the public of the availability of the Draft Phase V.2 RP/SEA and to seek public comments on the proposed second phase of the Florida Coastal Access Project and supporting analysis. The Draft Phase V.2 RP/SEA is being released in accordance with OPA, NRDA regulations found in the Code of Federal Regulations (CFR) at 15 CFR [[Page 51860]] part 990, NEPA, the Consent Decree, the Final PDARP/PEIS, the Phase III ERP/PEIS and the Phase V ERP/EA. The Florida TIG is considering the second phase of the Florida Coastal Access Project in the Draft Phase V.2 RP/SEA to address lost recreational opportunities in Florida caused by the Deepwater Horizon oil spill. In the Draft Phase V.2 RP/SEA, the Florida TIG proposes one preferred alternative, the Salinas Park Addition, which involves the acquisition and enhancement of a 6.6-acre coastal parcel. The Florida Coastal Access Project was allocated approximately $45.4 million in early restoration funds, and the Salinas Park Addition would cost approximately $3.1 million of the $6.4 million remaining funds not utilized in the first phase of the Florida Coastal Access Project. The Florida TIG also considered two additional land acquisition and improvement alternatives, as well as the no action alternative in the Draft Phase V.2 RP/SEA. One or more alternatives may be selected for implementation by the Florida TIG in the Final Phase V.2 RP/SEA or in future restoration plans. Details on the proposed second phase of the Florida Coastal Access Project are provided in the Draft Phase V.2 RP/ SEA. The proposed second phase of the Florida Coastal Access Project is intended to continue the process of using restoration funding to restore natural resources, ecological services, and recreational use services injured or lost as a result of the Deepwater Horizon oil spill. Additional restoration planning for the Florida Restoration Area will continue. Next Steps As described above, a public meeting is scheduled to facilitate the public review and comment process on the Draft Phase V.2 RP/SEA. After the public comment period ends, the Florida TIG will consider and address the comments received before issuing a final Phase V.2 RP/SEA. Public Availability of Comments 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 made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Administrative Record The documents comprising the Administrative Record for the Draft Phase V.2 RP/SEA can be viewed electronically at http://www.doi.gov/deepwaterhorizon/administrativerecord. Authority The authority of this action is the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and its implementing 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.). Kevin D. Reynolds, Designated Department of the Interior Natural Resource Trustee Official. [FR Doc. 2017-24197 Filed 11-7-17; 8:45 am] BILLING CODE 4333-15-P
![51858 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices
reviewing and making • The firearms or ammunition DEPARTMENT OF THE INTERIOR
recommendations for changes, when manufacturing industry;
needed, on all Federal programs, and/or • Archery and/or hunting sports [FWS–R4–ES–2017–N156;
regulations, to ensure support of industry; and FVHC98220410150–XXX–FF04G01000]
hunting as: (a) An enhancement to • Tourism, outfitter, and/or guide
foreign wildlife conservation and industries related to international Notice of Availability; Florida Trustee
survival, and (b) an effective tool to hunting. Implementation Group Deepwater
combat illegal trafficking and poaching; Nominations should include a resume Horizon Oil Spill Draft Phase V.2
recommending strategies to benefit the providing an adequate description of the Restoration Plan and Supplemental
U.S. Fish and Wildlife Service’s permit nominee’s qualifications, including Environmental Assessment; Florida
office in receiving timely country data information that would enable DOI to Coastal Access Project
and information so as to remove barriers make an informed decision regarding
that impact consulting with range states; meeting the membership requirements AGENCY: Interior.
recommending removal of barriers to of the Council and to permit DOI to ACTION: Notice of availability; request
the importation into the United States of contact a potential member. for comments.
legally hunted wildlife; ongoing review Members of the Council serve without
of import suspension/bans and compensation. However, while away SUMMARY: In accordance with the Oil
providing recommendations that seek to from their homes or regular places of Pollution Act of 1990, the National
resume the legal trade of those items, business, Council and subcommittee Environmental Policy Act, the
where appropriate; reviewing seizure members engaged in Council or Deepwater Horizon Oil Spill Final
and forfeiture actions/practices, and subcommittee business that the DFO Programmatic Damage Assessment and
providing recommendations for approves may be allowed travel Restoration Plan and Final
regulations that will lead to a reduction expenses, including per diem in lieu of Programmatic Environmental Impact
of unwarranted actions; reviewing the subsistence, as authorized by 5 U.S.C. Statement (Final PDARP/PEIS), and the
Endangered Species Act’s foreign listed 5703, in the same manner as persons resulting Consent Decree, the Federal
species and interaction with the employed intermittently in Federal and State natural resource trustee
Convention on International Trade in Government service. agencies for the Florida Trustee
Endangered Species of Wild Flora and Public Disclosure of Comments: Implementation Group (Florida TIG)
Fauna, with the goal of eliminating Before including your address, phone have prepared a Draft Phase V.2
regulatory duplications; and number, email address, or other Restoration Plan and Supplemental
recommending methods for personal identifying information in your Environmental Assessment (Draft Phase
streamlining/expediting the process of comment, you should be aware that V.2 RP/SEA). The Draft Phase V.2 RP/
import permits. your entire comment—including your SEA supplements the 2016 Final Phase
The Council will meet approximately personal identifying information—may V Early Restoration Plan and
two times per year. The Secretary will be made publicly available at any time. Environmental Assessment (Final Phase
appoint members and their alternates to While you can ask us in your comment V ERP/EA) and describes and proposes
the Council to serve up to a 3-year term. to withhold your personal identifying the second phase of the Florida Coastal
The Council will not exceed 18 information from public review, we Access Project intended to continue the
discretionary members and 4 ex officio cannot guarantee that we will be able to process of restoring natural resources
members. do so. and services injured or lost as a result
Ex officio members will include: Certification Statement: I hereby of the Deepwater Horizon oil spill,
• Secretary of the Interior or certify that the International Wildlife which occurred on or about April 20,
designated DOI representatives; and Conservation Council is necessary and 2010, in the Gulf of Mexico.
• Secretary of State or designated is in the public interest in connection DATES: The Florida TIG will consider
Department of State representatives. with the performance of duties imposed public comments received on or before
The remaining members will be on the Department of the Interior 43 December 8, 2017.
selected from among, but not limited to, U.S.C. 1457, under the provisions of the Public Meeting: The Florida TIG has
the entities listed below. These Fish and Wildlife Act of 1956 (16 U.S.C. scheduled a public meeting to facilitate
members must be senior-level 742a–742j), and other Acts applicable to public review and comment on the Draft
representatives of their organizations specific bureaus. Phase V.2 RP/SEA. Both written and
and/or have the ability to represent their Authority: 5 U.S.C. Appendix 2. verbal comments will be taken at the
designated constituency. public meeting. The Florida TIG will
• Wildlife and habitat conservation/ Dated: November 3, 2017. hold an open house followed by a
management organizations; Ryan K. Zinke, public meeting. The public meeting will
• U.S. hunters actively engaged in Secretary, Department of the Interior. include a presentation of the Draft Phase
international and/or domestic hunting [FR Doc. 2017–24328 Filed 11–7–17; 8:45 am] V.2 RP/SEA. The public meeting
conservation; BILLING CODE 4333–15–P schedule is as follows:
Date Time Location
November 16, 2017 ............. 5:30 to 6:30 p.m.: Open house—6:30 to 8:00 p.m.: Robert M. Moore Administration Building, 1000 Cecil G.
Public meeting (presentations and discussion). Costin Sr. Blvd., Port St. Joe, FL 32456.
ethrower on DSK3G9T082PROD with NOTICES
ADDRESSES: Obtaining Documents: You • http:// • http://dep.state.fl.us/
may download the Draft Phase V.2 RP/ www.gulfspillrestoration.noaa.gov. deepwaterhorizon/default.htm.
SEA at any of the following sites: • http://www.doi.gov/ Alternatively, you may request a CD
deepwaterhorizon. of the Draft Phase V.2 RP/SEA (see FOR
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![51860 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices
part 990, NEPA, the Consent Decree, the Administrative Record passcode is 9793554. Additional
Final PDARP/PEIS, the Phase III ERP/ The documents comprising the information is available at www.doi.gov/
PEIS and the Phase V ERP/EA. Administrative Record for the Draft OST/ITARA.
The Florida TIG is considering the Phase V.2 RP/SEA can be viewed FOR FURTHER INFORMATION CONTACT: Ms.
second phase of the Florida Coastal electronically at http://www.doi.gov/ Elizabeth Appel, Director, Office of
Access Project in the Draft Phase V.2 deepwaterhorizon/administrativerecord. Regulatory Affairs & Collaborative
RP/SEA to address lost recreational Action, Office of the Assistant
Authority Secretary—Indian Affairs, at
opportunities in Florida caused by the
Deepwater Horizon oil spill. In the Draft The authority of this action is the Oil elizabeth.appel@bia.gov or (202) 273–
Phase V.2 RP/SEA, the Florida TIG Pollution Act of 1990 (33 U.S.C. 2701 et 4680.
proposes one preferred alternative, the seq.) and its implementing Natural SUPPLEMENTARY INFORMATION: OST was
Salinas Park Addition, which involves Resource Damage Assessment established in the Department by the
the acquisition and enhancement of a regulations found at 15 CFR part 990 American Indian Trust Fund
6.6-acre coastal parcel. The Florida and the National Environmental Policy Management Reform Act of 1994 (1994
Coastal Access Project was allocated Act of 1969 (42 U.S.C. 4321 et seq.). Act), Public Law 103–412, when
approximately $45.4 million in early Kevin D. Reynolds, Congress decided a Special Trustee was
restoration funds, and the Salinas Park Designated Department of the Interior Natural needed to oversee reforms relating to
Addition would cost approximately $3.1 Resource Trustee Official. trust responsibilities throughout the
million of the $6.4 million remaining [FR Doc. 2017–24197 Filed 11–7–17; 8:45 am] Department. In 1996, the Secretary of
funds not utilized in the first phase of BILLING CODE 4333–15–P
the Interior (Secretary) transferred
the Florida Coastal Access Project. The management of Indian trust funds from
Florida TIG also considered two the Bureau of Indian Affairs (BIA) to the
additional land acquisition and DEPARTMENT OF THE INTERIOR OST. See Secretarial Order No. 3197.
improvement alternatives, as well as the OST has implemented reforms and
no action alternative in the Draft Phase Office of the Secretary managed Indian trust funds for over 20
V.2 RP/SEA. One or more alternatives years.
[18XD0120AF/DT20000000/DST000000/
In June 2016, Congress passed the
may be selected for implementation by 241A/T0110100]
Indian Trust Asset Reform Act (ITARA),
the Florida TIG in the Final Phase V.2
Tribal Consultation on Indian Trust Public Law 114–178. ITARA Section
RP/SEA or in future restoration plans.
Asset Reform Act (ITARA) Sec. 304, 304(a) requires the Secretary to prepare
Details on the proposed second phase of
Transition Plan for the Office of the and submit a plan for the transition of
the Florida Coastal Access Project are
Special Trustee for American Indians functions of the OST to other bureaus or
provided in the Draft Phase V.2 RP/SEA. agencies within the Department within
The proposed second phase of the AGENCY: Office of the Secretary, Interior. two years of submission of the plan to
Florida Coastal Access Project is ACTION: Notice. Congress. Beginning in August 2016, the
intended to continue the process of Department held one listening session
using restoration funding to restore SUMMARY: This notice announces that and 10 Tribal consultation sessions
natural resources, ecological services, the Department of the Interior throughout Indian Country and held an
and recreational use services injured or (Department) will be hosting two Tribal open period to solicit comments via a
lost as a result of the Deepwater Horizon consultation sessions on a proposal to notice in the Federal Register. Based on
oil spill. Additional restoration transfer the Office of the Special Trustee consultation feedback, the Department
planning for the Florida Restoration for American Indians (OST) to report to determined that the most appropriate
the Office of the Assistant Secretary— place for OST’s core functions is to
Area will continue.
Indian Affairs (AS–IA) in FY 2018 via remain with OST as a permanent
Next Steps a Secretary’s Order. Under the proposal, organization. To ensure fully integrated
the office would be headed temporarily Indian policy and programs, we propose
As described above, a public meeting by the Principal Deputy Special Trustee,
is scheduled to facilitate the public to realign OST to report to AS–IA. To
who would be delegated the authorities meet the two-year deadline required by
review and comment process on the of the Special Trustee for American
Draft Phase V.2 RP/SEA. After the ITARA Section 304(a), the Department
Indians. Subsequently, the Department proposes transferring the OST to AS–IA
public comment period ends, the plans to appoint a career executive to
Florida TIG will consider and address in FY 2018 via a Secretary’s Order.
act as the Director of OST. Today, the OST holds approximately
the comments received before issuing a DATES: Tribal consultation sessions will $5 billion under trust management and
final Phase V.2 RP/SEA. be held by phone on Wednesday, administers approximately 3,400 tribal
Public Availability of Comments December 13, 1:00 p.m.– 4:00 p.m. EST, trust accounts for more than 250 Indian
and Thursday, December 14, 9:00 a.m.– Tribes and over 400,000 Individual
Before including your address, phone 12:00 p.m. EST. Comments on this Indian Money (IIM) accounts. Each year,
number, email address, or other proposal must be received by January OST disburses roughly $1.2 billion to
personal identifying information in your 15, 2018. individual Indians and tribes.
comment, you should be aware that ADDRESSES: Please submit comments via Receipting, investing, and disbursing
your entire comment—including your email to consultation@bia.gov or mail to activity is accomplished through the
ethrower on DSK3G9T082PROD with NOTICES
personal identifying information—may Attn: ITARA Transition, c/o Elizabeth processing of 10.3 million financial
be made publicly available at any time. Appel, Office of Regulatory Affairs & transactions.
While you can ask us in your comment Collaborative Action—Indian Affairs, The OST organization features five
to withhold your personal identifying 1849 C Street NW., Mail Stop 4660, Regional Trust Administrators with
information from public review, we Washington, DC 20240. The toll free extensive backgrounds in trust
cannot guarantee that we will be able to call-in number for the consultation management, with over 50 Fiduciary
do so. sessions is: (888) 324–2907, and the Trust Officers to serve as the primary
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Document Created: 2017-11-08 01:20:23
Document Modified: 2017-11-08 01:20:23
| 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; request for comments. | |
| Dates | The Florida TIG will consider public comments received on or before December 8, 2017. | |
| Contact | Nanciann Regalado, at 404-679-4161, or email [email protected] | |
| FR Citation | 82 FR 51858 |
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