On July 30, 2001, the National Oceanic and Atmospheric Administration (NOAA) proposed amendments to their Natural Resource Damage Assessment rule in 15 CFR 990. The proposal addresses issues from a recent court ruling, and includes some clarifying and technical amendments in other parts of the regulation. This rule will affect companies that are held responsible for natural resource damages for oil and other hazardous substance spills, including liquid pipeline operators and dock operators. The entire notice can be downloaded from RCP's website HERE.

In the event of a discharge or substantial threat of a discharge of oil (incident), the Oil Pollution Act of 1990 (OPA-90), provides that federal, state, Indian tribal, and/or foreign natural resource trustees assess natural resource damages and develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the injured natural resources and their services under their trusteeship. Congress directed the National Oceanic and Atmospheric Administration (NOAA) to promulgate regulations for the assessment of natural resource damages resulting from an incident (OPA section 1006(e)(1)). NOAA promulgated final regulations on January 5, 1996 (see 61 FR 440), codified at 15 CFR Part 990.

Under these OPA regulations, trustees conduct natural resource damage assessments in the open, with responsible parties and the public involved in the planning process to achieve restoration more quickly, decrease transaction costs, and avoid litigation. These restoration plans form the basis of claims for natural resource damages. Under the natural resource damage assessment regulation, trustees then present a demand comprised of the final restoration plan to responsible parties for funding or implementation.