SUPPLEMENTARY INFORMATION:

Introduction

On April 20, 2010, the mobile offshore drilling unit DWH, which was drilling a well for BP Exploration and Production, Inc., (BP) experienced a significant explosion, fire and subsequent sinking in the Gulf of Mexico, resulting in the release of millions of barrels of oil and other discharges into the Gulf. Under the authority of the OPA, designated Federal and State trustees, acting on behalf of the public, assessed the injuries to natural resources and prepared the “Deepwater Horizon Oil Spill Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement” and the “Record of Decision for the Deepwater Horizon Oil Spill Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement”, which sets forth the governance structure and process for DWH restoration planning under the OPA NRDA regulations. On April 4, 2016, the U.S. District Court for the eastern district of Louisiana entered a consent decree resolving civil claims by the trustees against BP.

The Alabama TIG, which is composed of the Alabama Department of Conservation and Natural Resources, NOAA, Environmental Protection Agency, U.S. Department of the Interior, Environmental Protection Agency, and U.S. Department of Agriculture, selects and implements restoration projects under the Alabama TIG's management authority in accordance with the consent decree. The Final PDARP/PEIS, ROD, consent decree, and information on the DWH trustees can be found at https://www.gulfspillrestoration.noaa.gov/​restoration-planning/​gulf-plan.

Background

In September 2018, the Alabama TIG completed the “Deepwater Horizon Oil Spill Alabama Trustee Implementation Group Final Restoration Plan II and Environmental Assessment: Restoration of Wetlands, Coastal, and Nearshore Habitats; Habitat Projects on Federally Managed Lands; Nutrient Reduction (Nonpoint Source); Sea Turtles; Marine Mammals; Birds; and Oysters”. Twenty restoration projects were selected for implementation; one of which was Enhancing Capacity for the Alabama Marine Mammal Stranding Network. That project has been successfully implemented utilizing Marine Mammal Restoration Type funds identified in the DWH consent decree.

Overview of the Final Supplemental RPII/EA

In the Final Supplemental RPII/EA, the Alabama TIG analyzes a reasonable range of two project alternatives and, pursuant to the NEPA, a No Action Alternative. Those alternatives include:

• Enhancing Capacity for the Alabama Marine Mammal Stranding Network project Extension (preferred); and
• Reducing Illegal Feeding of Bottlenose Dolphins project (non-preferred).

Funding to implement either alternative ultimately selected by the Alabama TIG would come from the Marine Mammal Restoration Type allocation. The total estimated cost to implement the preferred alternative is $1,881,237 and would utilize the remaining allocation of Alabama TIG Marine Mammal Restoration Type funds.

Administrative Record

The Administrative Record for the Final Supplemental RPII/EA can be viewed electronically at https://www.doi.gov/​deepwaterhorizon/​adminrecord under the folder 6.5.3.2.

Authority

The authority for this action is the OPA of 1990 (33 U.S.C. 2701 et seq.), its implementing NRDA regulations found at 15 CFR part 990, and the NEPA of 1969 (42 U.S.C. 4321 et seq.), its implementing regulations found at 40 CFR parts 1500-1508.

89 FR 63163