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Natural Resource Damage Claims


 

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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Last Modified 9/2/2014