EXHIBIT 3
DIRECTOR'S ORDER 177
CHECKLISTS FOR NRDAR FUND REQUESTS
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CHECKLIST for NRDAR Assessment Funding Requests
Recovered Assessment Funding (³80%, case-specific)
____ Memorandum from AO to fund manager with: (1) the name of the site where the funds will be used; (2) name, station and telephone number of case manager responsible for overseeing the use of funds; (3) name of and location of site/incident resulting in funds (if there have been multiple settlements include court case name and number or settling parties); and (4) purpose of funding (case-specific damage assessment). You may use FWS Form 3-2303 (NRDAR Assessment Funding Request) instead of the memorandum.
____ Final Consent Decree (if not previously submitted); EXCEPTIONS:
(1) If the PRPs are reimbursing the Service for assessment costs where there will be no settlement because the Service determined no further assessment or restoration is needed, the letter written by the DOI Solicitor (or NOAA General Counsel or State trustee’s attorney) to the PRP requesting reimbursement for assessment expenditures and the correspondence from the PRP included with payment of assessment costs to the Departmental NRDAR Fund should be provided instead of a consent decree.
(2) If funding has been provided by the Oil Spill Liability Trust Fund (OSLTF), the claim sent to the U.S. Coast Guard Claims Center and their response to the claim stating what portions are being paid should be provided instead of a consent decree.
____ Surnamed Settlement Tracking Form (FWS Form 3-2299) (if not previously submitted)
____ Brief description of how funds will be used OR date that NRDAR Fund Proposal was submitted. Note: If funds requested >$100,000 (cumulatively) and are not for collection of ephemeral data or development of a settlement position, then a Final Assessment Plan is required (or public Draft Plan with Final Plan to follow)
____ OPTIONAL: Funding Schedule
Recovered Assessment Funding (£20%, non-case-specific)
____ Memorandum from AO to fund manager with: (1) name, station and telephone number of case manager responsible for overseeing the use of funds; (2) name of and location of site/incident resulting in funds (if there have been multiple settlements include court case name and number or settling parties); and (3) purpose of funding (general NRDAR activities). You may use FWS Form 3-2303 instead of the memorandum.
____ Final Consent Decree (if not previously submitted); EXCEPTION: If the PRPs are reimbursing the Service for assessment costs where there will be no settlement because the Service determined no further assessment or restoration is needed, the letter written by the DOI Solicitor (or NOAA General Counsel or State trustee’s attorney) to the PRP requesting reimbursement for assessment expenditures and the correspondence from the PRP included with payment of assessment costs to the Departmental NRDAR Fund should be provided in lieu of a consent decree.
____ Surnamed Settlement Tracking Form (FWS Form 3-2299) (if not previously submitted)
CHECKLIST for NRDAR Advance Assessment Funding Requests
Advance Assessment Funding (Funding and Participation Agreement with PRP)
Note: This is not delegated, and must be routed through DEQ.
_____ Memorandum from AO through AFHC/DEQ to fund manager with: (1) name of the site where the funds will be used; (2) name, station, and telephone number of case manager responsible for overseeing the use of funds; (3) purpose of funds (advance assessment funds)
____ Surnamed Settlement Tracking Form (FWS Form 3-2299)
____ Funding and Participation Agreement signed by all parties
____ FWS Form 3-2301 (NRDAR Fund Request for Advance Assessment Funding)
CHECKLIST for NRDAR Restoration Funding Requests
Restoration Planning
____ Memorandum from AO to fund manager with: (1) name of the site where the funds will be used; (2) name, station, and telephone number of case manager responsible for overseeing the use of funds; (3) information sufficient to identify the settlement providing funds (e.g., Court case name and number, settling parties) IF there have been multiple settlements for the same site; and (4) purpose of funds (restoration planning). FWS Form 3-2302 (NRDAR Restoration Funding Request) may be used instead of a request memorandum.
____ Final Consent Decree (if not previously submitted)
____ Surnamed Settlement Tracking Form (FWS Form 3-2299) (if not previously submitted)
If joint settlement
____ Signed Trustee MOU (if not previously submitted)
____ Signed Trustee Council Resolution or other documentation showing trustee concurrence
Restoration Implementation Funding
____ Memorandum from AO to fund manager with: (1) name of the site where the funds will be used; (2) name, station, and telephone number of the case manager responsible for overseeing the use of funds; (3) information sufficient to identify the settlement providing funds (e.g., Court case name and number, settling parties) IF there have been multiple settlements for the same site; and (4) purpose of funding (restoration implementation). FWS Form 3-2302 may be used instead of a request memorandum.
____ Statement describing restoration projects are being implemented with funds requested, if entire restoration plan is not being implemented
____ Final Consent Decree (if not previously submitted)
____ Surnamed Settlement Tracking Form (FWS Form 3-2299) (if not previously submitted)
____ Restoration Plan (Final or public Draft with Final to follow, if not previously submitted)
____ OPTIONAL: Funding schedule stating when funds will be needed
If joint settlement
____ Signed Trustee MOU (if not previously submitted)
____ Signed Trustee Council Resolution or other documentation showing trustee concurrence