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The NPFC's Natural Resource Damage (NRD) Claims Division adjudicates
claims for natural resource damages arising out of oil spills
(or the substantial threat of a spill) to the navigable waters
of the United States. Those damages may include:
- The cost to restore, rehabilitate, replace or acquire the
equivalent of the injured resource.
- Any interim lost use or diminution in value of the injured
resource pending restoration.
- The reasonable cost of assessing those damages.
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Who May Submit NRD Claims to NPFC?
Natural
Resource Trustees designated by the President, State or Territorial Governor or Tribal governing authority may submit NRD claims to the NPFC. A responsible party may assert a claim against the Fund for removal costs and damages, which may include payments to a United States trustee, A State trustee, an Indian tribe trustee, or a foreign trustee for natural resource damages, if the responsible party demonstrates an entitlement to a defense to liability under Section 2703 or entitlement to a limitation of liability under Section 2704.
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Claim Submission
The Natural Resource Damage Funding Guidelines addresses both NRD initiate
funding (preassessment) requests as well as claims for NRD assessments and
restoration plans developed during the execution of oil spill natural resource
damage assessments.
For claim adjudication purposes, the NPFC has developed standardized cost documentation and progress reporting forms to assist in project management and claim submission. Further guidance
may
be obtained through the NRD Guidance, Forms, & Regulations page or by contacting the NRD Claims Division. You may also contact the NPFC directly.
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Preassessment Funding
Federal Lead Administrative
Trustees (FLATs) may also access the OSLTF to initiate preassessment
activities in accordance with an Interagency
Agreement (IAG) between the FLAT and the NPFC. Additional
guidance and forms trustees can use to
document costs can be found at NRD Claims & Initiate Requests Quarterly Progress & Cost Documentation Reporting Forms .
For initiate preassessment
requests, during or after business hours, please contact the NPFC directly.
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