**Number range CHAPTERPROCEDURES FOR REIMBURSEMENT OF**

**PREASSESSMENT ACTIVITIES**

**(\"INITIATION\")**

**[INITIATION OF NATURAL RESOURCE DAMAGE
ASSESSMENTS/PREASSESSMENT]{.underline}**

Access to the OSLTF for initiation of natural resource damage
assessments (NRDA) is through the Federal Lead Administrative Trustee
(FLAT). The FLAT works directly with one of the NPFC\'s regional case
managers (see appendix I). There is no requirement to go through the
OSC, but they should be kept informed of activities. If the OSLTF was
opened for response, the same Federal Project Number (FPN) is used for
initiation of NRDA. If the OSLTF was not opened for response, the NPFC
provides an FPN.

As soon as possible, after a spill occurs, the trustees must decide
whether to initiate a NRDA. This may be done through telephone
conversations or a trustees group meeting. The major tasks at this point
are to:

> o Ensure all trustees know about the incident;
>
> o Identify all potentially affected trust resources;
>
> o Determine which trustees would be interested in participating in
> preassessment studies;
>
> o Identify preassessment studies and estimated costs and completion
> dates for those studies;
>
> o Discuss the role of and identify a FLAT or a FLAT and a LAT (Lead
> Administrative Trustee); and
>
> o Discuss reimbursement procedures.

The FLAT is selected through mutual **[agreement of all involved
(Federal, State, and Indian tribe) trustees.]{.smallcaps}** The FLAT
should have the legal authority and administrative capability to carry
out all the functions of the FLAT, including distribution of reimbursed
money to non-federal trustees.

The trustee group generally develops the request for funding based on
agreement by biologists and other relevant subject matter experts from
all appropriate trustees on studies, costs and completion dates.
**[Preassessment activities that can be funded, include : discharge
detection and identification; trustee identification and notification;
and the [preassessment]{.underline}]{.smallcaps}** activities described
in 43 CFR 11.22, 11.24, and 11.25, including but not limited to:

> o Base salaries, overtime, other special pay categories such as
> environmental/hazardous duty pay, over time, Sunday, and benefits for
> all employees involved in initiation;
>
> o Travel and per diem for all employees involved in initiation;
>
> o Equipment and vehicles used in the preassessment activities,
> including depreciation for government-owned property and all costs
> associated with rentals;
>
> o Materials, supplies, and other expendables used in initiation,
> including the cost of obtaining them, if appropriate;
>
> o Contracts developed for the purpose of conducting preassessment
> activities, including the cost of contract development, execution, and
> oversight; and
>
> o Overhead to the extent not included in other categories.

The FLAT prepares, signs, and forwards, to the Responsible Party (RP)
and the NPFC regional manager, a consolidated request for funding to
initiate a damage assessment on behalf of, and through the mutual
agreement of, all involved trustees. Before access to the OSLTF is
granted, \"good faith\" negotiations with the RP must take place. The RP
must refuse to participate in the preassessment of natural resource
damages/funding the studies for the trustees to access the Fund. An MOA
or similar document drafted by the Solicitor\'s Office or other Federal
legal counsel should be signed by the participating parties. If there is
no agreement, access is accomplished through an \"Inter-Agency Agreement
to Initiate the Assessment of Natural Resource Damages\" This form (see
forms) enables the FLAT to accept funds from the Coast Guard.

In general, the funding request includes:

> o Amount requested;
>
> o Plan for use of funds;
>
> o Estimated completion date;
>
> o Agreement to subrogate all cost recovery actions;
>
> o Agreement to comply with NPFC documentation requirements; and
>
> Certification of lead trustee status.

Once the NPFC authorizes the FLAT\'s request, the FLAT sends the
trustees participating in the preassessment a copy the Coast Guard
signed \"Inter-Agency Agreement to Initiate the Assessment of Natural
Resource Damages,\" each trustee should sign it and return to the FLAT.
These forms notify the trustee of the ceiling and allowable activities.
These documents are authorization to obtain reimbursement for
preassessment costs from the FLAT.

Once the \"Request and Authorization\" form is received and there is a
signed funding authorization for preassessment activities, a
reimbursable project number under the appropriate subactivity code must
be established with the Denver Finance Center through the Administrative
Officer. All initiation costs for the spill are charged to this number.
Once the NPFC issues a ceiling for \"initiation,\" the FLAT advises all
the trustees involved, including bureaus, of the approved tasks,
required documentation, and procedures for obtaining money.

The Service is responsible for tracking all of its expenditures against
the established ceiling. The FLAT must be notified as soon as possible
if it appears that the initial ceiling will be insufficient for the
preassessment work that needs to be completed. If necessary a request is
made to the NPFC by the FLAT for an increase in the ceiling. This is
done by submitting a new \"Request and Authorization\" form detailing
the work to be done and the amount requested. If the NPFC authorizes the
increase, an amended \"Request and Authorization\" form is signed.

If the NPFC regional managers deny the request for an increase in the
ceiling, the FLAT may appeal the denial in writing to the Director of
the NPFC. The appeal should address the reasons for the denial. The
Director\'s decision on the appeal is final.

**[Remember:]{.smallcaps}** At the same time the trustees group is
developing the \"initiation\" funding request, they should approach the
RP to see determine a willingness to participate and fund \"initiation\"
activities. If they so agree, there should be an MOA or similar document
drafted by Federal legal counsel and signed by the participating
parties. This is the acceptable alternative to funding by the OSLTF.

[Documentation]{.underline}

Information on required documentation is found in the Coast Guard
Technical Operating Procedures (see appendix I). **[The same Coast Guard
daily incident forms are used for response and
initiation.]{.smallcaps}** In general, the Coast Guard procedures
require that:

> \--Detailed information on costs is to be kept on a daily basis. This
> includes:
>
> o Daily expenditures by individual giving:
>
> -name
>
> -title or position
>
> -activity performed
>
> -time on task
>
> -salary or hourly rate, including normal duty, overtime, and special
> pay rates
>
> -travel costs
>
> -per diem
>
> -out of pocket or extraordinary expenses
>
> o equipment owned, purchased or rented giving daily or hourly rate
>
> o materials
>
> o contracts
>
> \--The FPN must be on all documents submitted to the FOSC;
>
> \--DOI/FWS agree to cooperate fully with the National Pollution Funds
> Center (NPFC) in any claim or action by the OSLTF against the
> Responsible Party, Guarantor, or other persons to recover costs for
> this incident; and
>
> \--DOI/FWS agree to notify the NPFC of any negotiations between any
> parties of the agreement and any Responsible Party or Guarantor which
> address funding or liability associated with costs covered in this
> agreement.

As with response, it is not required to use the NPFC daily incident
forms. Acceptable electronic spread sheets are available (see Appendix
K).

[Reimbursement]{.underline}

To obtain reimbursement for their expenses, preparation of an SF 1080 is
necessary, Voucher for Transfers Between Appropriations and/or Funds,
attach the required documentation (e.g., daily reports, receipts), and
send this material to the FLAT. The amount claimed on the SF 1080 may
not exceed the amount allocated to the bureau, including amendments,
without prior FLAT and NPFC approval.

The FLAT prepares a consolidated SF 1080, including all natural resource
trustees\' expenses, and attaches the required documentation. The FLAT
submits the consolidated SF 1080 to the NPFC. Information on how to
complete an SF 1080 is found in Appendix K.

Documentation submitted with the SF 1080 should be organized and
summarized to provide a clear audit trail from the details in the
documentation (original receipts, etc. need not be submitted, but copies
must be clear and legible).

The NPFC reimburses each of the Federal Trustees directly. Thus, the
Office of the Secretary\'s fiscal office will receive money from the
NPFC whether or not DOI is the FLAT. The Office of the Secretary then
transfers the amounts requested to the bureau accounts designated on the
SF 1080s.

The FLAT is responsible for disbursement of money from the OSLTF to
non-federal trustees (States and Indian tribes). Non-federal trustees
submit an SF 1080 and required documentation to the FLAT. The FLAT
includes the non-federal costs and documentation in the SF 1080
submitted to the NPFC. When reimbursement is received from the NPFC, the
Department transfers the amount documented on the SF 1080s to each
non-federal trustee.

The FLAT ensures a completion report is prepared and sent to NPFC. The
report is due to the NPFC 30 days after the completion of initiation
activities. When unusual circumstances prevent collecting the required
cost documentation, the information is forwarded to the NPFC within an
agreed-upon schedule. After a year, any costs for which an SF 1080 has
not been submitted may be deobligated by the NPFC.