The Louisiana RRP Program identifies the statewide program
structure, the decision-making process, and the criteria
that will be used to select the restoration project(s)
that may be implemented to restore the natural resources
injured by a given incident. Specifically, the program
defines, expands, and/or refines the following important
components of the existing NRDA process:
Potentially
Injured Resources/Services – The
Louisiana RRP Program
defines those natural resources and services in
Louisiana that are likely to be or are anticipated
to be injured (i.e., at risk) by oil spills as
potentially injured resources/services. Identification
of these potentially injured resources/services
will facilitate the expedient development of restoration
alternatives during the restoration planning phase.
The potentially injured resources/services are
listed under three broad categories: coastal, inland,
and statewide.
Restoration
Types – The
Louisiana RRP Program
PEIS identifies
restoration types that are appropriate for the
restoration of injuries for each of the identified
potentially injured resources/services in the program.
These restoration type categories are:
- Creation/Enhancement
- Physical Protection of
Habitat
- Acquisition/Legal Protection
- Stocking of Fauna
- Physical Protection of Fauna
- Restoration of
Recreation Resource Services
- Restoration of
Cultural Resource Services
The Louisiana RRP Program
describes the specific restoration type(s) in each
restoration type category that is appropriate for
the restoration of injuries to each of the identified
potentially injured resources/services in the Louisiana
RRP Program. This determination of the range of
appropriate restoration types was
based on a nexus analysis. The trustees also conducted
an environmental consequences analysis on the restoration
types by evaluating impacts of implementing various
restoration techniques. Both analyses will result
in technical, process, and National Environmental
Policy Act (NEPA) compliance efficiencies at the
case level during
the restoration
planning
phase. The trustees will be able to use relevant
analysis and information from the PEIS to produce
the incident(s)-specific Damage Assessment and
Restoration Plans (DARPs) and environmental assessment(s).
The trustees have also
developed restoration type selection criteria that
will assist in determining
which of the various restoration types identified
will be most appropriate to restore the resources/services
injured during a given incident. It is anticipated
that the criteria will also provide a level of
predictability to the public and affected parties
regarding restoration project selection. Furthermore,
projects in each Regional Restoration Plan (RRP)
will be classified by restoration type to facilitate
the selection of specific restoration projects
based on the type of resource(s) injured. This
approach will streamline the process of evaluating
and selecting preferred restoration project(s)
for review by the public.
Settlement Alternatives – The
Louisiana RRP Program
PEIS describes
a number of additional case settlement alternatives
that will assist the trustees and Responsible Parties
in negotiations to resolve Responsible Party liabilities
for incidents. These settlement alternatives generally
represent different ways of resolving liability
from an incident under one or the other (or both)
of the two options: Responsible Party implemented
restoration, or Responsible Party cash settlement
and trustee implemented restoration. These settlement
alternatives may also provide opportunities for
implementing restoration projects more quickly
and cost-effectively; e.g., pooling settlements
to implement larger projects than could otherwise
be accomplished by using individual settlements,
and potentially facilitating implementation of
more ecologically significant projects.
Screening Criteria – In
order to improve the consistency, predictability,
and accountability
of the NRDA decision-making process, the trustees
identified and defined project selection and other
screening criteria to be used in implementing the
Louisiana RRP Program,
including:
- Selection of restoration projects
to be incorporated into each RRP
- Selection
of most appropriate restoration type(s) to
restore the injured resources/services
in a case (discussed above)
- Selection of projects for implementation under
the Non-Project-Specific Cash Out alternative
- Project
selection/screening of specific restoration
actions required for a case
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