Purpose: To promote participation between industry and government (in concert with the public) to facilitate the restoration of natural resources and their services injured or lost by hazardous substance releases and oil spills.

Overview: The Cooperative Assessment Process (CAP)* fosters parties to optimize natural resource damage assessment and restoration opportunities both within and beyond the response or cleanup phase. CAP is intended to address sites where potential natural resource liability falls under the Comprehensive Environmental Response, Compensation and Liability Act, Oil Pollution Act of 1990, Clean Water Act, Resource Conservation and Recovery Act, or other laws and their applicable regulations. CAP encourages consideration of Federal- and State-lead sites both on and not on the National Priorities List.

Incentives. CAP provides incentives for industry with pollution liability to assume responsibility for restoring natural resources. CAP offers industry a greater voice and more control over the timing of restoration actions without undermining the natural resource trustee responsibilities. Industry partners may also benefit from reduced damage assessment costs and reduced risk of litigation. NOAA envisions that CAP will expedite the restoration of injured natural resources and associated services, such as recreational uses, and encourage innovative approaches to the damage assessment process. CAP should also strengthen partnerships with industry and other stakeholders, and provide meaningful public involvement opportunities.

How CAP Developed. The development of CAP responds to industry requests for increased involvement and flexibility in natural resource damage assessment and restoration efforts. This approach evolved out of the damage assessment regulations requiring parties responsible for hazardous substance or oil releases to be invited to participate in such activities.

NOAA explored the development of CAP by initially convening a series of meetings with industry representatives, environmental groups, and federal, state, and tribal trustees. Great interest and support led to the formation of a broad-based work group, with members nominated by their respective stakeholder communities. Other groups and individuals have also stepped up to promote cooperative damage assessments. CAP serves as a clearinghouse of and welcomes all practical ideas and options for cooperative assessments.

Disclaimer

The content of this web site should not be understood as an endorsement by NOAA, the Department of Commerce, or any group or individual that has contributed to this site. Instead, the information contained herein should serve merely to inform NRDA practitioners and encourage them to explore additional cooperative opportunities.