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.