[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Notices]
[Pages 23741-23743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9581]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R4-FHC-2012-N093; FVHC98130406900Y4-XXX-FF04G01000]
DEEPWATER HORIZON Oil Spill; Final Phase I Early Restoration Plan
and Environmental Assessment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of final report.
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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the
National Environmental Policy Act (NEPA), the Framework Agreement for
Early Restoration Addressing Injuries Resulting from the DEEPWATER
HORIZON Oil Spill (Framework Agreement), notice is hereby given that
[[Page 23742]]
the Federal and State natural resource trustee agencies (Trustees) have
approved the Phase I Early Restoration Plan and Environmental
Assessment (Phase I ERP/EA) describing the first eight restoration
projects selected by the Trustees to commence 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. The purpose of this notice is to inform the
public of the availability of the Phase I ERP/EA.
ADDRESSES: Obtaining Documents: You may download the Phase I ERP/EA and
the Framework Agreement at http://www.gulfspillrestoration.noaa.gov or
http://www.doi.gov/deepwaterhorizon. Alternatively, you may request a
CD of the document (see FOR FURTHER INFORMATION CONTACT). You may also
review hard copies of the Phase I ERP/EA at any of the public
repositories listed at http://www.doi.gov/deepwaterhorizon.
FOR FURTHER INFORMATION CONTACT: Brian Spears, at FW4DWHInfo@fws.gov.
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
discharges of oil and other substances from the rig and from the
wellhead on the seabed. An estimated 4.9 million barrels (210 million
gallons) of oil were released from the well into the Gulf of Mexico
over a period of approximately three months. In addition, approximately
771,000 gallons of dispersants were applied to the waters of the spill
area in an attempt to minimize impacts from spilled oil. Affected
resources include ecologically, recreationally, and commercially
important species and their habitats in the Gulf of Mexico and along
the coastal areas of Alabama, Florida, Louisiana, Mississippi, and
Texas.
Federal and State trustees (listed below) are conducting the
natural resource damage assessment for the DEEPWATER HORIZON oil spill
under the Oil Pollution Act 1990 (OPA; 33 U.S.C. 2701 et seq.).
The 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;
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
Texas Parks and Wildlife Department, Texas General Land
Office, and Texas Commission on Environmental Quality.
The U.S. Department of Defense (DOD) is a Trustee, but does not have
affected lands in this Phase I ERP/EA.
Background
On April 20, 2011, BP agreed to provide 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 provides a mechanism through which the Trustees and
BP can work together ``to commence implementation of early restoration
projects that will provide meaningful benefits to accelerate
restoration in the Gulf as quickly as practicable'' prior to the
completion of the natural resource damage assessment process or full
resolution of the Trustees' natural resource damages claim.
As the first step in this accelerated process, the Trustees
proposed a suite of eight early restoration projects in a Phase I Draft
Early Restoration Plan and Environmental Assessment (DERP/EA) made
public December 14, 2011. The public was afforded 60 days to review and
comment on the DERP/EA (77 FR 78016, December 15, 2011). During that
review period, the Trustees also held 12 public meetings in January and
February 2012 in the 5 Gulf States and Washington, DC to facilitate
public comment on that plan.
The Trustees considered the public comments on the DERP/EA prior to
finalizing selection of the Phase 1 Early Restoration projects. The
public comments received and the Trustees' responses are addressed in
the Phase 1 ERP/EA at Chapter 5.
Overview of the Phase 1 ERP/EA
Early Restoration Plan Alternatives, Including the Selected Alternative
The ERP/EA describes two early restoration alternatives: No
Action--Natural Recovery (required for consideration by OPA) and
Selected Alternative--Phase I Early Restoration Projects. Under the No
Action Alternative, the trustees would not implement early restoration
projects as described in this ERP/EA. Rather, the trustees would rely,
for the time being, solely on natural recovery processes to restore
natural resources to their pre-spill conditions and would undertake no
early actions to accelerate recovery or to help address interim
resource losses.
The Selected Alternative includes eight projects that meet the
selection criteria as described in the Phase I ERP/EA.
Selected Early Restoration Alternative
The Selected Alternative includes the following suite of early
restoration projects: (1) Lake Hermitage Marsh Creation--NRDA Early
Restoration Project; (2) Louisiana Oyster Cultch Project; (3)
Mississippi Oyster Cultch Restoration; (4) Mississippi Artificial Reef
Habitat; (5) Marsh Island (Portersville Bay) Marsh Creation; (6)
Alabama Dune Restoration Cooperative Project; (7) Florida Boat Ramp
Enhancement and Construction; (8) Florida (Pensacola Beach) Dune
Restoration. Each of these projects is expected to benefit a natural
resource or service injured by the DEEPWATER HORIZON oil spill.
This Phase I ERP/EA represents the initial set of projects selected
as part of the early restoration process. Planning for additional early
restoration actions is continuing. Neither the Phase I ERP/EA nor any
subsequent plan for early restoration is intended to or will fully
address all injuries caused by the spill or provide the extent of
restoration needed to satisfy claims against responsible parties.
Further comprehensive restoration will still be required to fully
compensate the public for natural resource losses from the oil spill.
Administrative Record
The documents comprising the Administrative Record can be viewed
electronically at http://www.doi.gov/deepwaterhorizon/adminrecord/index.cfm.
Author
The primary author of this notice is Nanciann Regalado.
[[Page 23743]]
Authorities
The authorities of this action are the Oil Pollution Act of 1990
(33 U.S.C. 2701 et seq.), the implementing Natural Resource Damage
Assessment regulations found at 15 CFR Part 990, and the Framework
Agreement.
Dated: April 16, 2012.
Cynthia K. Dohner,
DOI Authorized Official.
[FR Doc. 2012-9581 Filed 4-18-12; 11:15 am]
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