Notice of Settlement Agreement on the R/V Columbus Iselin Grounding Between the United States on Behalf of the National Oceanic and Atmospheric Administration (NOAA) and the University of Miami

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

Notice of Settlement Agreement on the R/V Columbus Iselin

Grounding Between the United States on Behalf of the National Oceanic

and Atmospheric Administration (NOAA) and the University of Miami

AGENCY: The U.S. Department of Justice of behalf of NOAA, Department of

Commerce.

ACTION: Notice of settlement between the United States, on behalf of

NOAA acting as the natural resource trustee, and the University of

Miami.

-----------------------------------------------------------------------

SUMMARY: The United States, on behalf of NOAA, and the University of

Miami (collectively referred to as the ``Parties'') enter into this

Settlement Agreement (``Agreement'') to settle civil claims for damages

for injury to Sanctuary resources, civil penalties, response costs, and

forfeiture arising from the August 10 to 12, 1994, grounding of the R/V

COLUMBUS ISELIN (``ISELIN'') in the Looe Key National Marine Sanctuary,

now part of the Florida Keys National Marine Sanctuary. This settlement

is entered into by the Parties pursuant to section 312 of the National

Marine Sanctuaries Act (NMSA), 16 U.S.C. Sec. 1431 et seq.

Proposed Action

Notice is hereby given that on November 22, 1997 a settlement has

been entered into between the Parties to resolve claims against the

University of Miami and the R/V COLUMBUS ISELIN for destruction or loss

of, or injury to, Sanctuary resources pursuant to section 312 of the

NMSA, as amended, as a result of the August 10 to 12, 1994, grounding

of the R/V COLUMBUS ISELIN in the Looe Key National Marine Sanctuary.

The Agreement provides for cash payments to NOAA for implementation of

structural and biological restoration of the grounding site,

compensatory restoration, and long term monitoring, and to reimburse

NOAA for damage assessment costs and emergency response costs incurred

by NOAA.

A. Cash Payments

(1) The University of Miami shall pay to NOAA, two million and nine

hundred thousand dollars ($2,900,000.00). This sum will pay for the

implementation of restoration, monitoring, damage assessment costs,

compensatory restoration for interim losses of sanctuary resources,

permitting and environmental compliance costs, as a result of the

ISELIN grounding. (2) The amount identified in A. (1) above is in

addition to payment already received by NOAA from the University of

Miami in the amounts of: (a) Two hundred thousand dollars ($200,000) in

civil penalties; (b) one hundred and forty six thousand, forty seven

dollars and sixty cents ($146,047.60); and one hundred and fourteen

thousand, ninety nine dollars and seventy-seven cents ($114,099.77) for

response and damage assessment costs; and (c) six hundred thousand

dollars ($600,000.00) for restoration planning.

B. Use of Funds

(1) Restoration of Natural Resources. Funds received by NOAA

identified in A.(1) above will be used for (a) structural and

biological restoration of coral reef injured at the grounding site, (b)

biological monitoring, (c) off-site compensatory restoration, and (d)

project management and oversight. Restoration activities at the

grounding site will include: (i) Stabilizing the underlying physical

structure of the coral reef habitat; (ii) re-creating the physical

structure of the coral reef habitat; and, (iii) enhancing the rate of

recovery of the biological community through the transplantation of

coral, sponges, and sea fans. Biological monitoring will be used to

evaluate the effectiveness of the restoration at the site and design

any mid-course corrections to those restoration measures. Off-site

compensatory restoration projects will be designed to enhance the long-

term health of the coral reefs. The projects will include field and

lab-based methods for enhancing the recovery rates of coral and other

benthic invertebrates through the transplantation and culture of corals

and benethic invertebrates. Projects also will be designed to minimize

the risk of future major vessel groundings in the vicinity of coral

reef habitats.

(2) Restoration of Cultural Resources. Artifacts which were

dislodged by the vessel during the grounding and subsequent rubble and

ship debris removal activities have been conserved by NOAA. The parties

agree that NOAA shall be the permanent custodian and conservator of the

cultural resources. Funds received from the University will reimburse

NOAA for costs incurred to conserve the artifacts as well as to ensure

long-term curation.

(3) Reimbursement of Costs Incurred by the Government. Funds

identified in A.(2) above will be used to reimburse NOAA for costs

incurred for emergency response activities during the grounding, rubble

and ship debris removal, and damage assessment costs.

Public Comment

NOAA will receive comments from the public on the settlement

agreement for a period of thirty (30) days from the date of this

publication. Comments on the settlement agreement should be addressed

to Sharon Shutler, Office of General Counsel for Natural Resources,

NOAA, 1315 East-West Highway, SSMC#3, Silver Spring, MD 20910-3282.

Effective Date of the Agreement.

The effective of the settlement agreement will be upon completion

of the public comment period, notification to the University from NOAA

that it has accepted the settlement agreement, and payment by the

University to NOAA of $2.9 million. Payment from the University will be

made within 15 days of receipt of such notice.

For Further Information Contact: Copies of the settlement agreement

may be obtained from Harriet Sopher, Sanctuaries and Reserves Division,

National Ocean Service, NOAA, SSMC#4, 11th floor, 1305 East-West

Highway, Silver Spring, MD 20910; or Billy Causey, Marathon office of

the Florida Keys National Marine Sanctuary, P.O. Box 500368, 5550

Overseas Highway, Main House, Marathon, FL 33050.

Dated: November 22, 1997.

Monica Medina,

General Counsel, National Oceanic and Atmospheric Administration, U.S.

Department of Commerce.

[FR Doc. 97-31854 Filed 12-4-97; 8:45 am]

BILLING CODE 3510-08-M