The U.S. Department of the Interior's (DOI) Natural Resource Damage Assessment and Restoration Program (Restoration Program) operates under a series of laws, regulations, and authorizing statutes. Additional Program guidance arises from Executive Orders and Departmental policies.
Laws and Regulations
Three laws, and their accompanying regulations, form the legal foundation for the NRDA Restoration Program and provide trustees with the legal authority to carry out Restoration Program responsibilities. These laws and regulations authorize and direct the DOI to take appropriate actions necessary to protect and restore the natural resources (and services provided by those natural resources) under its trusteeship that have been injured by a release of a hazardous substance or discharge, or a substantial threat of discharge of oil.
- Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended (42 U.S.C. §§ 9601, et seq.), including but not limited to sections 104, 107, 111(i), and 122.
- For the regulations implementing CERCLA natural resource damage assessment and restoration activities conducted for releases of hazardous substances, see 43 CFR 11.
- On February 8, 2000, the Department updated its final rule for simplified, or "Type A," procedures for assessing natural resource damages under CERCLA.
- On October 2, 2008, the Department updated its final rule for "Type B" procedures, which outlines an assessment process and assessment methods that trustees utilize on a case-by-case basis.
- Oil Pollution Act of 1990 (OPA) (33 U.S.C. §§ 2701, et seq.), including but not limited to sections 1006 and 1012.
- For the regulations implementing OPA natural resource damage assessment and restoration activities conducted for discharges of oil, see 15 CFR 990.
- Federal Water Pollution Control Act or Clean Water Act (CWA), as amended
(33 U.S.C. §§ 1251, et seq.), including but not limited to section 311(f).
In addition to the three laws and their accompanying regulations above, the NRDA Restoration Program also refers to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), as amended (40 CFR 300), issued by the U.S. Environmental Protection Agency. The NCP regulations provide for efficient, coordinated, and effective action to minimize adverse effects from oil discharges and hazardous substance releases.
Authority and Authorizing Statutes
As authorized by CERCLA, OPA, and CWA, injuries to natural resources that the DOI manages or controls are assessed, and appropriate restoration projects are identified in contemplation of negotiated settlements or legal actions (in rare cases) with potentially responsible parties. Recoveries, in cash or in-kind services, from the potentially responsible parties are then used to finance or implement the restoration of the injured resources, pursuant to a publicly reviewed restoration plan.
- CERCLA, as amended (42 U.S.C. §§ 9601, et seq.). Section 106 of the act authorizes the President to clean up hazardous substance sites directly, or obtain cleanup by a responsible party through enforcement actions. Trustees for natural resources may assess and recover damages for injury to natural resources from releases of hazardous substances and use the damages for restoration, replacement, or acquisition of equivalent natural resources. Provides permanent authorization to appropriate receipts from responsible parties.
- OPA (33 U.S.C. §§ 2701, et seq.). Amends the CWA and authorizes trustees for natural resources to present a claim for, and to recover damages for, injuries to natural resources from each responsible party for a vessel or facility from which oil is discharged, or which poses a substantial threat of discharge of oil, into or upon the navigable waters of the United State (U.S.), adjoining shorelines, or the exclusive zone.
- CWA, as amended (33 U.S.C. §§ 1251, et seq.). Authorizes trustees for natural resources to assess and recover damages for injuries to natural resources resulting from the discharge of oil into or upon the navigable waters of the U.S., adjoining shorelines, or waters of the contiguous zone; any connection with activities under the Outer Continental Shelf Lands Act (43 U.S.C. §§ 1331, et seq.) or the Deepwater Port Act of 1974 (33 U.S.C. §§ 1501, et seq.); or that which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the U.S.
- Public Law 101-337 (16 U.S.C. §§ 19jj, et seq.). Provides that response costs and damages recovered under it, or amounts recovered under any statute as a result of damage to any Federal resource within a unit of the National Park System, shall be retained and used for response costs, damage assessments, restoration, and replacements. Liability for damages under this public law is in addition to any other liability that may arise under other statutes.
- Department of the Interior and Related Agencies Appropriation Act, 1992
(H.R. 2686/P.L. 102-154). Permanently authorized receipts for damage assessment and restoration activities to be available without further appropriation until expended.
- Dire Emergency Supplemental Appropriations for Fiscal Year 1992
(H.J.RES. 157/P.L. 102-229). Provides that the fund's receipts are authorized to be invested and available until expended. Also, provides that the amounts received by the U.S. in the settlement of United States vs. Exxon Corporation, et al. in fiscal year 1992 and thereafter be deposited into the fund.
- Department of the Interior and Related Agencies Appropriation Act, 1996
(P.L. 104-134). Provides authority to make transfers of settlement funds to other Federal trustees and payments to non-Federal trustees.
District Court Decisions Regarding NRDAR Regulations
In addition to the laws, regulations, and authorizing statutes described above, the NRDA Restoration Program operates under a series of Departmental policies and guidelines.
Departmental Policies consist of policy letters, memorandums, or bulletins issued by authorized Department management officials that generally provide policy guidance for the DOI based on broader government regulations. For further information on the policies that the NRDA Restoration Program operates under, please refer to the links/documents below.
In ascending order by date (most recent policy first):
- Update of the Operating Principles for Restoration Activities- July 27, 2021
- Best Practices for Considering Advance Restoration and Restoration Banking in the Context of NRDAR- June 11, 2021
- Policies and Operating Principles for Natural Resource Restoration Activities- May 15, 2020
- Past Assessment Cost Documentation and Use of Recovered Assessment Costs- April 2018
- Role of DOI Economists in Support of Natural Resource Damage Assessment and Restoration (NRDAR) Cases- October 16, 2015
- Policy for Public Participation Plans in NRDAR Cases- September 17, 2012
- Documentation for Natural Resource Damage Assessment and Restoration Settlements and Covenants Not to Sue- May 7, 2004
- Policy for Signature of Non-Case Specific Natural Resource Damage Assessment and Restoration (NRDA Restoration) Program-Related Documents and Documents Involving both CERCLA/OPA Response and NRDAR Program Activities- May 25, 2001
- Updated Deposit Procedures for the Natural Resource Damage Assessment and Restoration Fund- February 1, 2001
- Deposits into DOI Restoration Fund from Joint Settlements- January 26, 2001
- Revised Policy on Recovered Assessment Costs- August 23, 2000
- Policy on Recovering Indirect Costs- August 4, 2000
- Duration of Easements and Deed Restrictions Implemented as Restoration Actions- November 23, 1999
- Departmental Policy on Natural Resource Trusteeship- September 8, 1999
- Utilization of Natural Resource Restoration Joint Recoveries as "non-Federal" Monies for Matching Federal Grants- July 29, 1999
- Expenditure Authority for Natural Resource Damage Assessment and Restoration (NRDA Restoration) Fund and NRDAR Cost Recovery- August 19, 1998
- Implementation of NRDA Program Management Decision- November 7, 1997
- Consensus Option for a Policy Management Structure for the Departmental Natural Resource Damage Assessment Program- May 20, 1997
- Project Allocations from the Natural Resource Damage Assessment and Restoration (NRDA Restoration) Fund (FY 1997-01)- January 13, 1997
Departmental Manual Guidelines
Permanent policy documents approved by the Secretary of the Interior or the Assistant Secretary - Policy, Management and Budget are incorporated into the Department of Interior's Departmental Manual (DM). These policy documents may include: organization descriptions; delegations of authority; and standards for administrative, legal, legislative, informational, and program activities within the DOI. The particular Parts and Chapters of the DM applicable to the NRDAR Program can be found below.
- Part 112, Chapter 30-Organization (112 DM 30)- February 8, 2022
- Part 207, Chapter 6-Delegation (207 DM 6)- February 8, 2022
- Part 521, Chapter 1-Authorities and Policy (521 DM 1)- February 8, 2022
- Part 521, Chapter 2-Responsibilities (521 DM 2)- February 8, 2022
- Part 521, Chapter 3-Signatory Authority (521 DM 3)- February 8, 2022
Executive Orders (EOs)
EOs are legally binding instructions given by the President, acting as the head of the Executive Branch, to federal administrative agencies. EOs are used to direct federal agencies and officials in their execution of established laws or policies. EOs, numbered consecutively, are printed in the daily Federal Register after being signed by the President. The following EOs pertain to natural resource damage assessment and restoration activities.
- Executive Order 11514 – Protection and Enhancement of Environmental Quality- March 5, 1970
- Executive Order 11988 – Floodplain Management- May 24, 1977
- Executive Order 11990 – Protection of Wetlands- May 24, 1977
- Executive Order 12088 – Federal Compliance with Pollution Control Standards- October 13, 1978
- Executive Order 12580 – Superfund Implementation- January 23, 1987
- Executive Order 12898 – Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations- Federal Register Vol. 59, No. 32- February 16, 1994
- Executive Order 13007 – Indian Sacred Sites- Federal Register Vol. 61, No. 104- May 29, 1996
- Executive Order 13016 – Amendment to Executive Order 12580- Federal Register Vol. 61, No. 170- August 30, 1996
- Executive Order 13089 – Coral Reef Protection- Federal Register Vol. 63, No. 115- June 16, 1998
- Executive Order 13158 – Marine Protected Areas- Federal Register Vol. 65, No. 105- May 31, 2000
- Executive Order 13175 – Consultation and Coordination with Indian Tribal Governments- Federal Register Vol.65, No. 218- November 9, 2000
- Executive Order 13186 – Responsibilities of Federal Agencies to Protect Migratory Birds- Federal Register Vol. 66, No. 11- January 17, 2001
- Executive Order 13352 – Facilitation of Cooperative Conservation- Federal Register Vol. 69, No. 167- August 30, 2004
- Executive Order 13554 – Gulf Coast Ecosystem Restoration Task Force- Federal Register Vol. 75, No. 195- October 5, 2010