Billing Code 4333–15
DEPARTMENT OF THE INTERIOR
[FWS-R4-ES-2024-N028; FVHC98220410150-XXX-FF04H00000]
Deepwater Horizon Natural Resource Damage Assessment Alabama Trustee
Implementation Group Draft Restoration Plan IV and Environmental Assessment:
Wetlands, Coastal, and Nearshore Habitats; Nutrient Reduction; Birds; Oysters;
and Provide and Enhance Recreational Opportunities
AGENCY: Department of the Interior.
ACTION: Notice of availability; request for public comments.
SUMMARY: The natural resource trustee agencies for the Alabama Trustee
Implementation Group (Alabama TIG) have prepared the “Draft Restoration Plan IV and
Environmental Assessment: Wetlands, Coastal, and Nearshore Habitats; Nutrient
Reduction; Birds, Oysters; and Provide and Enhance Recreational Opportunities” (Draft
RP/EA). The Draft RP/EA proposes projects to partially restore resources injured in the
Deepwater Horizon (DWH) oil spill. The Draft RP/EA evaluates a reasonable range of
11project alternatives under the Oil Pollution Act (OPA), including criteria set forth in
the OPA natural resource damage assessment (NRDA) regulations, and the National
Environmental Policy Act (NEPA) and its implementing regulations. A No Action
alternative is also analyzed for each restoration type. The total cost to implement the
Alabama TIG’s seven preferred alternatives is approximately $23,000,000. The Alabama
TIG invites comments on the Draft RP/EA.
DATES: Submitting Comments: The Alabama TIG will consider public comments on
the Draft RP/EA received on or before [INSERT DATE 30 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER].
Public Webinar: The Alabama TIG will host a public webinar on July 10th, 2024,
12 pm CDT. The webinar will include an overview presentation of the Draft RP/EA and a

session for general questions regarding the plan. The public will also be able to provide
formal comments during the webinar. The public may find information about, and
register for, the webinar at https://www.gulfspillrestoration.noaa.gov/restorationareas/alabama. After registering for a webinar, participants will receive a confirmation
email with instructions for joining the webinar. Instructions for commenting will be
provided during the webinar. Presentation material and factsheets about the projects can
be found on the web at https://www.gulfspillrestoration.noaa.gov/restorationareas/alabama.
ADDRESSES: Obtaining Documents: You may download the Draft RP/EA at
https://www.gulfspillrestoration.noaa.gov/restoration-areas/alabama. Alternatively, you
may request a USB flash drive containing the Draft RP/EA (see FOR FURTHER
INFORMATION CONTACT).
Submitting Comments: You may submit comments on the Draft RP/EA by one of the
following methods:
•

Internet: https://parkplanning.nps.gov/ALTIGRPIV. Follow the online instructions
for submitting comments.

•

U.S. Mail: US Fish and Wildlife Service Gulf Restoration Office, 1875 Century
Blvd., Atlanta, GA 30345. To be considered, mailed comments must be
postmarked on or before the deadline given in DATES.

•

During the public webinar: Verbal comments may be provided by the public
during the webinar.

FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at
nanciann_regalado@fws.gov or 1-678–296–6805. Individuals in the United States who
are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD,
or TeleBraille) to access telecommunications relay services. Individuals outside the
United States should use the relay services offered within their country to make

international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the mobile offshore drilling unit Deepwater Horizon, 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 Oil Pollution Act 1990 (OPA; 33 U.S.C. 2701 et seq.), 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 (Final
PDARP/PEIS), and subsequent record of decision (ROD), which sets forth the
governance structure and process for DWH restoration planning under the OPA’s natural
resource damage assessment (NRDA). On April 4, 2016, the United States District Court
for the Eastern District of Louisiana entered a Consent Decree resolving civil claims by
the Trustees against BP.
The Alabama TIG is composed of the Alabama Department of Conservation and
Natural Resources, the Geological Survey of Alabama, the Environmental Protection
Agency, the U.S. Department of the Interior, the National Oceanic and Atmospheric
Administration, and the U.S. Department of Agriculture. The Alabama TIG selects and
implements restoration projects under the 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
On April 19, 2024, the Alabama TIG announced on its website that it had

reviewed projects analyzed in previous restoration plans; identified projects that could
provide restoration benefits to the Alabama restoration area if selected, continued, or
expanded upon; and had initiated drafting its fourth restoration plan and environmental
assessment. The Draft RP/EA includes a reasonable range of 11 restoration alternatives
(projects) for the five restoration types indicated in the plan’s title.
Overview of the Alabama TIG’s Draft RP/EA
The Draft RP/EA is being released in accordance with OPA NRDA regulations
found in the Code of Federal Regulations (CFR) at 15 CFR part 990, the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing regulations
found at 40 CFR parts 1500–1508, the Final PDARP/PEIS, and the Consent Decree. The
Draft RP/EA provides OPA NRDA and NEPA analyses for a reasonable range of 11
alternatives listed below under the restoration types from which funds would be allocated
if selected. One project, Lower Perdido Islands Habitat Restoration – Phase II, would be
funded through two restoration type allocations: the Wetlands, Coastal, and Nearshore
Habitat restoration type and the Birds restoration type. Two projects, the Lower Perdido
Islands Habitat Restoration – Phase II project and the Walker Island Expansion project,
were considered under both the Wetlands, Coastal, and Nearshore Habitat restoration
type and the Birds restoration type and are shown under both restoration types below.
The seven preferred alternatives are denoted with an asterisk (*).
Wetlands, Coastal, and Nearshore Habitats Restoration Type:
•

Lower Perdido Islands Habitat Restoration Phase II*

•

Walker Island Expansion

Nutrient Reduction Restoration Type:
•

Puppy Creek – Juniper Creek – Big Creek Nutrient Reduction*

•

Bayou la Batre Nutrient Reduction

Birds Restoration Type:

•

Stewardship of Coastal Alabama Beach Nesting Bird Habitat*

•

Lower Perdido Islands Habitat Restoration – Phase II*

•

Walker Island Expansion

Oysters Restoration Type:
•

Improving Resilience for Oysters by Linking Brood Reefs and Sink Reefs
(Large-scale) – Component 4 – Mid-lower Mobile Bay, AL*

•

Oyster Grow-Out and Restoration Reef Replacement – 5-year
continuation*

•

Oyster Grow-Out and Restoration Reef Replacement – 3-year continuation

Provide and Enhance Recreational Opportunities Restoration Type:
•

Bayfront Park Restoration and Improvement Phases Ia and Ib*

•

Laguna Cove Little Lagoon Natural Resource Protection – Large Scale
Amenities

•

Laguna Cove Little Lagoon Natural Resource Protection – Small Scale
Amenities*

Next Steps
As described above in DATES, the Alabama TIG will host a public webinar on
July 10th, 2024, 12 pm CDT. to facilitate the public review and comment process. After
the public comment period ends, the Alabama TIG will consider and address the
comments received before issuing a final RP/EA.
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 RP/EA can be
viewed electronically at https://www.doi.gov/deepwaterhorizon/adminrecord under folder
6.5.3.2.4.
Authority
The authority for this action is the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.), 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.) and its implementing regulations found at 40 CFR parts 1500–1508.

Mary Josie Blanchard,
Department of the Interior,
Director of Gulf of Mexico Restoration.
[FR Doc. 2024-13390 Filed: 6/21/2024 8:45 am; Publication Date: 6/24/2024]