[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75126-75128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30189]


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DEPARTMENT OF THE INTERIOR

[FWS-R4-FHC-2015-N213; FVHC98210408710-XXX-FF04G01000]


Deepwater Horizon Oil Spill; Draft Phase V Early Restoration Plan 
and Environmental Assessment

AGENCY: Interior.

ACTION: Notice of availability; request for comments.

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[[Page 75127]]

SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the 
National Environmental Policy Act (NEPA), and the Framework Agreement 
for Early Restoration Addressing Injuries Resulting from the Deepwater 
Horizon Oil Spill, the Federal and State natural resource trustee 
agencies (Trustees) have prepared a Draft Phase V Early Restoration 
Plan and Environmental Assessment (Draft Phase V ERP/EA) describing and 
proposing the first phase of the Florida Coastal Access Project. This 
early restoration project is 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. The Draft Phase V ERP/EA also includes 
notices of change and supporting analysis for two Phase III Early 
Restoration Projects: ``Strategically Provided Boat Access Along 
Florida's Gulf Coast--City of Port St. Joe, Frank Pate Boat Ramp 
Improvements'' and ``Florida Artificial Reef Creation and 
Restoration.''

DATES: Comments Due Date: We will consider public comments received on 
or before December 31, 2015.

                           Public Meeting Date
------------------------------------------------------------------------
             Date                      Time               Location
------------------------------------------------------------------------
December 14, 2015.............  6:00 p.m. Open     Gulf Coast State
                                 house.             College, Student
                                6:30 p.m. Public    Union East, Room 231
                                 meeting.           (Gibson Lecture
                                                    Hall), 5230 West
                                                    U.S. Highway 98,
                                                    Panama City, FL
                                                    32411.
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ADDRESSES:
    Obtaining Documents: You may download the Draft Phase V ERP/EA by 
one of following methods:
     Via the Web: http://www.gulfspillrestoration.noaa.gov or 
http://www.doi.gov/deepwaterhorizon. You may also view the document at 
any of the public facilities listed at http://www.gulfspillrestoration.noaa.gov.
     Via U.S. mail, you may request a CD of the Draft Phase V 
ERP/EA (see FOR FURTHER INFORMATION CONTACT).
    Submitting Comments: You may submit comments on the Draft Phase V 
ERP/EA 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.
    Public Meeting Location: Gulf Coast State College, Student Union 
East, Room 231 (Gibson Lecture Hall), 5230 West U.S. Highway 98, Panama 
City, FL 32411.

FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at 404-679-4161.

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.
    Under the Oil Pollution Act 1990 (OPA; 33 U.S.C. 2701 et seq.), 
designated Federal and State agencies may act as trustees on behalf of 
the public to assess natural resource injuries and losses resulting 
from an oil spill and to determine the restoration actions needed to 
compensate the public for those injuries and losses. OPA instructs the 
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. 
For the Deepwater Horizon oil spill, designated trustees (Trustees) in 
four Federal agencies and all five Gulf States--Alabama, Florida, 
Louisiana, Mississippi, and Texas--have been working together to assess 
natural resource injuries and prepare a series of restoration plans 
described below.
    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;
     U.S. Department of Agriculture (USDA);
     U.S. Environmental Protection Agency (USEPA);
     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.

Background

    In the April 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 represents a preliminary step toward 
the restoration of injured natural resources and is intended to 
expedite the start of restoration in the Gulf in advance of the 
completion of the injury assessment process. 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 resolution of the 
Trustees' natural resource damages claim. Early restoration is not 
intended to and does not fully address all injuries caused by the 
Deepwater Horizon oil spill. Restoration beyond early restoration 
projects will be required to

[[Page 75128]]

fully compensate the public for natural resource losses, including 
recreational use losses, from the Deepwater Horizon oil spill.
    This Notice addresses Phase V of the early restoration process. In 
four previous phases, the Trustees selected, and BP agreed to fund, a 
total of 64 early restoration projects expected to cost a total of 
approximately $832 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), the Programmatic and Phase III Early Restoration 
Plan and Early Restoration Programmatic Environmental Impact Statement 
(Phase III ERP/PEIS), and the Phase IV Early Restoration Plan/
Environment Assessments (Phase IV ERP/EA).
    The Trustees released the Phase I ERP/EA on April 20, 2012 (77 FR 
23741) and the Phase II ERP/ER on February 5, 2013 (78 FR 8184). The 
Trustees released the Phase III ERP/PEIS on June 26, 2014 (79 FR 
36328), and subsequently approved that Plan and programmatic EIS in a 
Record of Decision on October 31, 2014 (79 FR 64831). The Trustees 
released the Phase IV ERP/EA on September 23, 2015 (80 FR 57384). These 
plans are available at: https://www.doi.gov/deepwaterhorizon/adminrecord.
    In the Draft Phase V Early Restoration Plan and Environmental 
Assessment announced in this Notice, the Trustees are proposing the 
first phase of the Florida Coastal Access Project to address lost 
recreational opportunities in Florida caused by the Deepwater Horizon 
oil spill. The proposed first phase of the Florida Coastal Access 
Project is consistent with the Programmatic ERP and PEIS included in 
the Final Phase III ERP/PEIS previously developed by the Trustees. The 
Draft Phase V ERP/EA is not intended to and does not fully address all 
injuries caused by the spill or provide the extent of restoration 
needed to make the public and the environment whole.

Overview of the Draft Phase V ERP/EA

    The Draft Phase V ERP/EA is being released in accordance with the 
Oil Pollution Act (OPA), the Natural Resources Damage Assessment (NRDA) 
regulations found in the Code of Federal Regulations (CFR) at 15 CFR 
990, the National Environmental Policy Act (42 U.S.C. 4321 et seq.), 
and the Framework for Early Restoration Addressing Injuries Resulting 
from the Deepwater Horizon Oil Spill.
    The Trustees are considering the first phase of the Florida Coastal 
Access Project in the Draft Phase V ERP/EA. The total estimated cost 
for the proposed first phase of the Florida Coastal Access Project is 
$34,372,184. The total estimated cost of the proposed Florida Coastal 
Access Project is $45,415,573. The Trustees will propose in an 
additional future phase similar restoration activities that would 
utilize the remaining $11,043,389, if approved. Details on the proposed 
first phase of the Florida Coastal Access Project are provided in the 
Draft Phase V ERP/EA.
    The proposed first phase of the Florida Coastal Access Project is 
intended to continue the process of using early restoration funding to 
restore natural resources, ecological services, and recreational use 
services injured or lost as a result of the Deepwater Horizon oil 
spill. The Trustees considered hundreds of projects leading to the 
identification of the Florida Coastal Access Project and considered 
both ecological and recreational use restoration projects to restore 
injuries caused by the Deepwater Horizon oil spill, addressing both the 
physical and biological environment, as well as the relationship people 
have with the environment.
    The Draft Phase V ERP/EA also includes notices of change and 
supporting analysis for two Phase III Early Restoration Projects: 
``Strategically Provided Boat Access Along Florida's Gulf Coast--City 
of Port St. Joe, Frank Pate Boat Ramp Improvements'' and ``Florida 
Artificial Reef Creation and Restoration.''

Next Steps

    The Trustees have scheduled a public meeting to facilitate public 
review and comment on the Draft Phase V ERP/EA. Both written and verbal 
comments will be taken at the public meeting. The Trustees will hold an 
open house followed by a formal meeting. The public meeting will 
include a presentation of the Draft Phase V ERP/EA. After the public 
comment period ends, the Trustees will consider and address the 
comments received before issuing a final Phase V Early Restoration Plan 
and Environmental Assessment (Final Phase V ERP/EA). After issuing a 
Final Phase V ERP/EA and if the Trustees approve the first phase of the 
Florida Coastal Access Project, the Trustees will file a negotiated 
stipulation for the approved Florida Coastal Access Project with the 
court. If approved, the first phase of the Florida Coastal Access 
Project will then proceed to implementation, pending compliance with 
all applicable State and Federal laws. The Trustees anticipate 
considering a second phase of this Florida Coastal Access Project 
through a future restoration plan that will be subject to a separate 
notice and public comment process.

Invitation to Comment

    The Trustees seek public review and comment on the proposed first 
phase of the Florida Coastal Access Project and supporting analysis 
included in the Draft Phase V ERP/EA. Through this Notice of 
Availability, the Trustees are seeking public review and comment for 
only the Draft Phase V ERP/EA. 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. You may submit comments on the Draft Phase V ERP/EA by one 
of the methods described in ADDRESSES.
    This public review and comment process for the Draft Phase V ERP/EA 
is separate from the public comment processes for the Deepwater Horizon 
Oil Spill Draft Programmatic Damage Assessment and Restoration Plan and 
Draft Programmatic Environmental Impact Statement (Draft PDARP/PEIS) 
and the proposed Consent Decree Among Defendant BP Exploration & 
Production, Inc., the United States of America, and the States of 
Alabama, Florida, Louisiana, Mississippi, and Texas, which ends on 
December 4, 2015. For more information on the Draft PDARP/PEIS, please 
visit http://www.gulfspillrestoration.noaa.gov. A link for the proposed 
Consent Decree and directions for comment to the Department of Justice 
is available at http://www.gulfspillrestoration.noaa.gov.

Administrative Record

    The documents comprising the Administrative Record for the Draft 
Phase V ERP/EA can be viewed electronically at the following location: 
https://www.doi.gov/deepwaterhorizon/adminrecord.

Authority

    The authority of this action is the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.) and the implementing Natural Resource Damage 
Assessment regulations found at 15 CFR 990.

Cynthia K. Dohner,
DOI Authorized Official.
[FR Doc. 2015-30189 Filed 11-30-15; 8:45 am]
BILLING CODE 4310-55-P