The U.S. Department of the Interior's (Department) Natural Resource Damage Assessment
and Restoration Program (Restoration Program) operates under a series
of laws, regulations, and authorizing statutes in addition to the Departmental policies
and guidelines listed on the "Policies and Guidelines" page, which can be found via the link above.
Laws and Regulations
Three laws, and their accompanying regulations, form the legal foundation for the Restoration Program and provide trustees with the legal authority
to carry out Restoration Program responsibilities. These laws and regulations authorize and
direct the Department 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.
- 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 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 Department 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
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