NRTCSC Overview

In 1992 the U. S. Department of Energy (DOE) formed a Natural Resource Damage Assessment (NRDA) Steering Committee to aid in the development of guidance for DOE facilities on their dual responsibilities as a Natural Resource Trustee and a lead clean-up agency. The steering committee was renamed the Natural Resource Trustee Coordinator's Steering Committee to more accurately reflect the committee's activities. The committee is currently co-chaired by HS-22 and EM-75.

Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), DOE is responsible for responding to releases of hazardous substances from its active and inactive waste sites. Also under CERCLA, the President of the United States has designated DOE a primary federal Natural Resource Trustee for the natural resources that exist at DOE sites. These natural resources include: land, fish, wildlife, biota, air, surface and ground water, drinking water supplies, and other natural resources. While DOE is the primary federal Natural Resource Trustee at Departmental facilities, other federal agencies like the U.S. Departments of the Interior, Agriculture, Commerce and the U.S. Department of Defense may also have trust resources at or near DOE sites. Likewise, state agencies and Indian tribes, may have overlapping trustee jurisdiction.

Under CERCLA, potentially responsible parties may be liable for monetary damages to compensate for natural resources that are lost or injured by releases of hazardous substances or from subsequent response actions. Monetary damages may be assessed in addition to the cost of cleanup and other response actions. Monetary damages for natural resource injuries can be assessed in a variety of ways. One such way is to perform a natural resource damage assessment using the U.S. Department of Interior's methodology, as found in 43 CFR 11. Another way is to coordinate natural resource damage assessments with site environmental restoration and waste management activities.

The Department believes that the most effective way for DOE to perform its dual natural resource trustee/lead agency role is to proactively integrate natural resource trustee concerns with environmental restoration and waste management activities. By taking early action to identify, assess and protect against reductions in the quantity or quality of natural resources during environmental restoration activities, DOE can provide important protection to natural resources as well as avoid or minimize unnecessary monetary damage claims.

DOE has codified this approach in a September 8, 1997 policy AIntegrating Natural Resource Concerns Into Response Actions.@ The policy assigned the Natural Resource Coordinators' Steering Committee the role of assisting DOE sites to implement the integration of natural resource concerns with environmental response actions. The Steering Committee also oversees the development of natural resource trustee guidance and training and provides technical assistance to DOE facilities requesting help with injury assessments and restoration planning.