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Estimating Administrative and Procedural Costs for Natural Resource Restoration Settlements
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1998
[PDF-337.31 KB]
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Description:Response and damage assessment costs incurred by natural resource trustee agencies (i.e., the federal, state, Indian tribe, and/or foreign officials authorized to act on behalf of the public interest concerning natural resources) are recoverable elements of natural resource damage claims under the Oil Pollution Act and Comprehensive Environmental Response, Compensation, and Liability Act (Superfund Act). Once a natural resource damage claim is settled, trustee costs for implementing and/or overseeing restoration and compensatory actions are charged against the settlement, except as may be specifically defined in settlement provisions. Consequently, trustee agencies must accurately anticipate their post-settlement costs and/or include provisions for covering these costs in settlement terms. Failure to address cost elements such as trustee management oversight, administrative, and procedural requirements along with the provisions for project design, construction, and performance monitoring, in settlements may force trustee agencies to absorb these costs. The range of post-settlement cost factors which should be considered in developing settlement terms for natural resource damages are identified and discussed. A framework for outlining trustee post-settlement planning assumptions and estimating the most common management oversight, administrative, and procedural cost elements is provided.
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Rights Information:Public Domain
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Compliance:Submitted
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