83 FR 12340 - Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Final Strategic Restoration Plan and Environmental Assessment #3

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 55 (March 21, 2018)

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), the Deepwater Horizon Federal and State natural resource trustee agencies for the Louisiana Trustee Implementation Group (LA TIG) have prepared the Final Strategic Restoration Plan and Environmental Assessment #3: Restoration of Wetlands, Coastal, and Nearshore Habitats in the Barataria Basin, Louisiana (SRP/EA). The Final SRP/EA identifies and, in conjunction with the associated Finding of No Significant Impact (FONSI), selects a restoration strategy that will help prioritize future decisions regarding project selection and funding. Rather than selecting specific projects for construction, the Trustees evaluated a suite of restoration techniques and approaches, for example large-scale diversions or marsh creation, to determine how to best support restoring ecosystem-level injuries in the Gulf of Mexico through restoration in the Barataria Basin. This strategic approach to restoration will allow the Trustees to prioritize projects for further evaluation by the LA TIG. The purpose of this notice is to inform the public of the availability of the Final SRP/EA and FONSI.

[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12340-12342]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05691]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE201


Notice of Availability of the Deepwater Horizon Oil Spill 
Louisiana Trustee Implementation Group Final Strategic Restoration Plan 
and Environmental Assessment #3

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), the Deepwater Horizon Federal and 
State natural resource trustee agencies for the Louisiana Trustee 
Implementation Group (LA TIG) have prepared the Final Strategic 
Restoration Plan and Environmental Assessment #3: Restoration of 
Wetlands, Coastal, and Nearshore Habitats in the Barataria Basin, 
Louisiana (SRP/EA). The Final SRP/EA identifies and, in conjunction 
with the associated Finding of No Significant Impact (FONSI), selects a 
restoration strategy that will help prioritize future decisions 
regarding project selection and funding. Rather than selecting specific 
projects for construction, the Trustees evaluated a suite of 
restoration techniques and approaches, for example large-scale 
diversions or marsh creation, to determine how to best support 
restoring ecosystem-level injuries in the Gulf of Mexico through 
restoration in the Barataria Basin. This strategic approach to 
restoration will allow the Trustees to prioritize projects for further 
evaluation by the LA TIG. The purpose of this notice is to inform the 
public of the availability of the Final SRP/EA and FONSI.

ADDRESSES: Obtaining Documents: You may download the Final SRP/EA and 
FONSI at: http://www.gulfspillrestoration.noaa.gov and http://www.la-dwh.com. Alternatively, you may request a CD of the Final SRP/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--Mel 
Landry, [email protected], (301) 427-8711.
     Louisiana--Joann Hicks, [email protected], (225) 
342-7308.

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 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:
     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.
    On April 4, 2016, 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 Louisiana Restoration Area are now chosen and managed 
by the LA TIG. The LA TIG is comprised of the following DWH Trustees:
     State of Louisiana Coastal Protection and Restoration 
Authority (CPRA);
     Louisiana Oil Spill Coordinator's Office (LOSCO);
     Louisiana Department of Environmental Quality (LDEQ);
     Louisiana Department of Wildlife and Fisheries (LDWF);
     Louisiana Department of Natural Resources (LDNR);

[[Page 12341]]

     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 Type considered in the 
Final SRP/EA, as well as the OPA criteria against which alternatives 
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 March 29, 2017, the LA TIG solicited project ideas to 
sustainably create, restore, and enhance coastal wetlands, and restore 
or preserve Mississippi River processes (http://www.gulfspillrestoration.noaa.gov/2017/03/request-restoration-project-ideas-louisiana). From that input and review of other Louisiana 
restoration planning efforts, including Louisiana's Coastal Master Plan 
and Deepwater Horizon restoration planning efforts, the LA TIG 
published a notice of intent on April 28, 2017 announcing its 
initiation of strategic restoration planning through two phases (82 FR 
19659). The first phase would prepare a strategic restoration plan for 
Louisiana's Barataria Basin. The Deepwater Horizon spill created an 
ecosystem-level injury to the Gulf of Mexico, which included 
accelerated loss of critical wetlands, coastal, and nearshore habitats 
as well as injuries across all trophic levels in the Gulf of Mexico. 
The most severe losses to coastal marshes, which represent the 
foundation of the Gulf of Mexico ecosystem, were focused on the 
Barataria Basin. As described in the April 28, 2017 notice, the LA TIG 
prepared a Draft SRP/EA which focused on wetlands, coastal, and 
nearshore habitat restoration type projects in the Barataria Basin 
restoration area. This geographic focus is appropriate as the PDARP/
PEIS found that the Barataria Basin experienced some of the heaviest 
and most persistent oiling from the DWH spill and because the Basin 
supports very high primary and secondary production that contributes to 
the overall health of the northern Gulf of Mexico ecosystem.
    A Notice of Availability of the Deepwater Horizon Oil Spill 
Louisiana Trustee Implementation Group Draft Strategic Restoration Plan 
and Environmental Assessment #3: Restoration of Wetlands, Coastal and 
Nearshore Habitats in the Barataria Basin, Louisiana (Draft SRP/EA) was 
published in the Federal Register on December 20, 2017. The Draft SRP/
EA proposed four strategic alternatives consistent with the Restoration 
Types selected in the PDARP/PEIS. The LA TIG evaluated these 
alternatives under criteria set forth in the OPA regulations, and 
evaluated the environmental consequences of the restoration 
alternatives in accordance with NEPA. The LA TIG provided the public 
with 45 days to review and provide comment on the Draft SRP/EA. During 
the public review period, which ended on February 5, 2018, the LA TIG 
held a public meeting in New Orleans on January 24, 2018. The LA TIG 
considered the public comments received, which informed the LA TIG's 
analyses and selection of the preferred alternative in the Final SRP/
EA. A summary of the public comments received and the Trustees' 
responses to those comments are addressed in Chapter 7 of the Final 
SRP/EA.

Overview of the Final SRP/EA

    The Final SRP/EA is being released in accordance with OPA, the OPA 
regulations in the Code of Federal Regulations (CFR) at 15 CFR part 
990, and NEPA (42 U.S.C. 4321 et seq.).
    The LA TIG focused the SRP/EA on two restoration approaches in the 
wetlands, coastal and nearshore habitat type described in the PDARP/
PEIS: creating, restoring and enhancing coastal wetlands; and restoring 
and preserving Mississippi-Atchafalaya River processes. Within the two 
restoration approaches, the PDARP/PEIS identifies a series of potential 
restoration techniques. These techniques, spanning both restoration 
approaches, are as follows (PDARP/PEIS, Appendix 5.D):
     Create or enhance coastal wetlands through placement of 
dredged material;
     Backfill canals;
     Restore hydrologic connections to enhance coastal 
habitats;
     Construct breakwaters; and
     Controlled river diversions.
    Four project types, consistent with the restoration approaches in 
the PDARP/PEIS, are carried forward for additional consideration in the 
SRP/EA:
     Sediment diversion projects;
     Large-scale marsh creation projects;
     Ridge restoration projects; and
     Breakwater construction projects (also referred to as 
shoreline protection projects).
    After reviewing the restoration approaches and techniques, the LA 
TIG identified 13 example projects from public submissions in response 
to the Notice of Solicitation and from the 2017 Coastal Master Plan. 
The LA TIG then combined restoration techniques into four strategic 
restoration alternatives. With the exception of the natural recovery/no 
action alternative, each of these alternatives meets the Final SRP/EA's 
purpose and need ``to restore the ecosystem level injuries in Barataria 
Basin and to restore, rehabilitate, replace, or acquire the equivalent 
of the injured wetlands, coastal, and nearshore habitat resources and 
services and compensate for interim losses of those resources from the 
DWH oil spill.'' The four strategic restoration alternatives are as 
follows:
     Alternative 1: Marsh creation, ridge restoration, and 
large-scale sediment diversion;
     Alternative 2: Marsh creation, ridge restoration, and 
shoreline protection;
     Alternative 3: Marsh creation and ridge restoration; and
     Alternative 4: Natural recovery/no action.
    In the Final SRP/EA, the LA TIG identifies two decisions to restore 
ecosystem-level injuries in the Gulf of Mexico through restoration of 
critical wetlands, coastal, and nearshore habitat resources and 
services in the Barataria Basin. First, the LA TIG selects a preferred 
alternative that relies on a suite of restoration approaches and 
techniques in the Barataria Basin, including large-scale sediment 
diversions to restore deltaic processes, marsh creation, and ridge 
restoration. Second, the LA TIG selects to advance several projects 
forward for further evaluation and planning: The Mid-Barataria Sediment 
Diversion and one marsh creation increment within Large Scale Marsh 
Creation: Component E in northern Barataria Basin. The LA TIG also 
confirms its 2017 decision to move the Spanish Pass Increment of the 
Barataria Basin Ridge and Marsh Creation project forward for further 
evaluation and planning. The trustees are not proposing these projects 
for construction funding at this time. Rather, the trustees will 
continue to consider the selected projects in future Phase II 
restoration plans including further OPA and NEPA evaluation.
    The LA TIG evaluated strategic restoration alternatives under 
criteria set forth in the OPA regulations. The strategic restoration 
alternatives are consistent with the restoration

[[Page 12342]]

alternatives selected in the Deepwater Horizon Oil Spill: Final 
Programmatic Damage Assessment and Restoration Plan/Programmatic 
Environmental Impact Statement (PDARP/PEIS).
    NEPA requires federal agencies to consider the potential 
environmental impacts of planned actions. NEPA provides a mandate and 
framework for federal agencies to determine if their proposed actions 
have significant environmental effects and related social and economic 
effects, consider these effects when choosing between alternative 
approaches, and inform and involve the public in the environmental 
analysis and decision-making process. The LA TIG exercised its 
discretion pursuant to NEPA (40 CFR 1501.3(b)) to integrate an EA with 
this SRP in order to assist with restoration planning efforts and to 
further the purposes of NEPA. This SRP/EA tiers from the PDARP/PEIS and 
incorporates by reference the NEPA environmental consequences analysis 
found in Chapter 6 of the PDARP/PEIS (40 CFR 1502.20; 1502.21). The LA 
TIG has found, based on its evaluation in the EA portion of this SRP/EA 
that: (1) The PDARP/PEIS included a thorough evaluation of the 
potential range of environmental effects that could result from the 
various restoration approaches and techniques analyzed in the PDARP/
PEIS; (2) the analysis of the environmental consequences of those 
approaches and techniques in the PDARP/PEIS remains valid; (3) the 
effects of the restoration approaches and techniques, including the 
project selected for further planning and environmental review, 
evaluated in this SRP/EA are within the range of impacts evaluated in 
the PDARP/PEIS; and (4) any new information regarding the environmental 
consequences of the restoration approaches and techniques, including 
the projects selected for further planning and environmental review, 
evaluated within this SRP/EA are within the range of and consistent 
with the environmental impacts identified and analyzed within the 
PDARP/PEIS. The Federal Trustees of the LA TIG have determined that 
implementation of the Final SRP/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 for 
this action.

Administrative Record

    The documents comprising the Administrative Record for the Draft 
SRP/EA 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.), the 
OPA NRDA regulations at 15 CFR part 990, and NEPA (42 U.S.C. 4321 et 
seq.).

    Dated: March 15, 2018.
Carrie Selberg,
Deputy Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 2018-05691 Filed 3-20-18; 8:45 am]
 BILLING CODE 3510-22-P