Background
The Oil Pollution Act (OPA) of 1990 was passed in the wake of the Exxon Valdez
oil spill. The statute addresses oil pollution and establishes liability for
the discharge and substantial threat of a discharge of oil to navigable U.S.
waters and shorelines. A major goal of OPA is to restore natural resources that
are injured and services that are lost as a result of oil spills.
Responsibility for acting on behalf of the public lies with designated Federal,
state, tribal, and foreign natural resource trustees. OPA directs trustees to
(1) return injured natural resources and services to the condition they would
have been in if the incident had not occurred, and (2) recover compensation for
interim losses of such natural resources and services through the restoration,
rehabilitation, replacement, or acquisition of equivalent natural resources or
services.
The National Oceanic and Atmospheric Administration (NOAA) published a final
rule to guide trustees in assessing damages to natural resources from a
discharge of oil. The rule provides a blueprint that enables natural resource
trustees to focus on significant environmental injuries, to plan and implement
efficient and effective restoration of the injured natural resources and
services, and to encourage public and responsible party involvement in the
restoration process.
Under the rule, the natural resource damage assessment (NRDA) process is
divided into three phases:
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Preassessment. The trustees evaluate injury and determine
whether they have the authority to pursue restoration and if it is appropriate
to do so.
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Restoration planning. The trustees evaluate and quantify
potential injuries and use that information to determine the appropriate type
and scale of restoration actions.
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Restoration implementation. The trustees and responsible
parties implement restoration, including monitoring and corrective actions.
This process is designed to rapidly restore injured natural resources and
services to the condition that would have existed had the spill not occurred,
and to compensate the public for the losses experienced from the date of the
spill until the affected natural resources and services have recovered.
In support of the rule, NOAA also developed guidance documents that are
available through the National Technical Information Service, 5285 Port Royal
Road, Springfield, Virginia 22161; phone 703.487.4650. These guidance documents
include "Preassessment Phase," "Injury Assessment,"
"Specifications for Use of NRDAM/CME Version 2.4 to Generate Compensation
Formulas," "Primary Restoration," and "Restoration
Planning." Although these documents were prepared primarily to provide
guidance to natural resource trustees using the OPA rule, others with an
interest in the restoration of natural resources and services may find them
useful.
The following five guidance documents are also available on CD-ROM (S/N
003-017-00548-8) from the superintendent
of documents by calling 202.512.1800. The cost is $20 domestic and $25
foreign.
Preassesment Phase: Guidance Document for Natural Resource Damage
Assessment Under the Oil Pollution Act of 1990, the Damage Assessment
Remediation and Restoration Program, NOAA, August 1996.
Complete Document (PDF) Also available in sections:
Injury Assessment: Guidance Document for Natural Resource Damage Assessment
Under the Oil Pollution Act of 1990, the Damage Assessment Remediation and
Restoration Program, NOAA, August 1996.
Complete Document (PDF) Also available in sections:
Specifications for Use of NRDAM/CME Version 2.4 to Generate Compensation
Formulas: Guidance Document for Natural Resource Damage Assessment Under the
Oil Pollution Act of 1990, the Damage Assessment Remediation and Restoration
Program, NOAA, August 1996.
Complete Document (PDF) Also available in sections:
Primary Restoration: Guidance Document for Natural Resource Damage
Assessment Under the Oil Pollution Act of 1990, the Damage Assessment and
Restoration Program, NOAA, August 1996.
Complete Document (PDF) Also available in sections:
Restoration Planning: Guidance Document for Natural Resource Damage
Assessment Under the Oil Pollution Act of 1990, the Damage Assessment and
Restoration Program, NOAA, August 1996.
Complete Document (PDF) Also available in sections:
Additional Guidance Documents
Scaling Compensatory Restoration Actions: Guidance
Document for Natural Resource Damage Assessment Under the Oil Pollution Act of
1990, August 1996. This document is also available from the
superintendent of documents.