Do we have to submit the NRD claim to the Responsible Party?

Yes. The Oil Pollution Act (OPA) requires claimants to first submit their claims to the Responsible Party (RP). If the RP denies liability or fails to settle within 90 days, you may then present the claim to the National Pollution Funds Center (NPFC). Include documentation of your submission to the RP and any related communications.

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What if there is no Responsible Party?

If there is no RP, such as in the case of a mystery spill, you must describe the circumstances of the spill and explain why an RP was not identified.

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How long do we have to submit claims after an incident?

For OPA-based damage claims, you have three years after the date the injury and its connection with the incident were reasonably discoverable to submit a claim.

If you conducted the assessment in accordance with 15 CFR 990, you have three years from the date the assessment was completed.

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What are the types of NRD funding available from the NPFC?

Natural Resource Trustees can request funding from the NPFC for:

• Preassessment activities (initiation of natural resource damage assessment)
• Natural resource damage assessment (NRDA) and/or restoration
• Emergency restoration

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What is the difference between an Initiate Funding Request and a NRD claim?

An initiate funding request allows trustees to be reimbursed for funds needed to begin preassessment activities following an oil spill. A natural resource damage assessment (NRDA) claim requests funding for injury assessment and/or restoration activities.

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Can a State and/or Tribal Trustee request initiate funding or submit a NRD claim without a Federal Trustee?

Any Tribal, State, or Federal Natural Resource Trustee can submit NRD claims to the NPFC for damages resulting from an oil spill incident. However, only a Federal Lead Administrative Trustee (FLAT) may submit requests for initiate funding. Non-Federal Trustees are encouraged to coordinate with the FLAT when preparing and submitting initiate requests.

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Are there published guidelines or procedures for conducting natural resource damage assessments (NRDAs)?

Yes. The regulations at 15 CFR 990 provide a framework for conducting NRDAs. Additional NOAA guidance can be found at darrp.noaa.gov/legal-context under Oil Pollution Act Guidance.

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What is the Daubert Standard, and is this standard used by the NPFC during claim adjudication?

The Daubert Standard determines the scientific validity of evidence in federal court. Factors considered include:

• Whether the method is based on a testable hypothesis
• The known or potential rate of error
• Whether the method has undergone peer review
• Whether it is accepted within the scientific community

The NPFC often applies Daubert principles during claim review to ensure scientific validity, while also allowing for innovative, well-supported approaches specific to oil spill circumstances.

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How is “rebuttable presumption” obtained?

To obtain rebuttable presumption for claim adjudication, trustees must follow 15 CFR 990 during the NRDA process. The regulations require documentation demonstrating that a proper and defensible assessment was conducted. Adherence to these regulations is sufficient to obtain rebuttable presumption.

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