U.S. Department 

of Homeland Security 

United States 

Coast Guard

Director 

National Pollution Funds Center 

 U.S. Coast Guard Stop 7100 

4200 Wilson Blvd, Suite 1000 

Arlington, VA 20598-7100 

Staff Symbol: (CN) 

Phone: 

E-mail: @uscg.mil 

16480 

24 April 2014 

MEMORANDUM

From: Fredy Hernandez

CLAIMS MANAGER, NPFC

To: Tony Penn 

DEPUTY CHIEF, ASSESSMENT AND RESTORATION DIVISION, NOAA 

Subj: Claim: N10036-OC18 – Deepwater Horizon Oil Spill Assessment 

1. On October 30, 2013, the National Pollution Funds Center (NPFC) received a claim from the National 

Oceanic and Atmospheric Administration (NOAA) for costs to assess potential natural resource injuries 

resulting from the Deepwater Horizon oil spill (N10036-OC18). The claim totaled $147,902,421 to 

implement 38 assessment activities that are detailed in NOAA’s 2014 Assessment Plan. NOAA later 

withdrew two activities and subsequently reduced its sum certain for this claim to $128,427,376. 

2. The NPFC has issued four partial determinations that approved 34 of the now 36 assessment activities 

and associated NOAA agency costs. 

3. NOAA claims $17,206,503 for the two remaining assessment activities and associated NOAA agency 

costs. Through the enclosed fifth and final determination, the NPFC offers to pay $14,620,918. This fifth 

and final determination was made in accordance with the Oil Pollution Act (OPA, 33 U.S.C. §2701 et seq.), 

the OPA claims regulations (33 C.F.R. Part 136) and the Natural Resource Damage Assessment Regulations 

(15 C.F.R. Part 990). A copy of the determination and offer to pay the amount of $14,620,918 is enclosed.

4. If you accept this offer, please complete the enclosed Acceptance/Release Form and return to: 

 Director (cn) 

 National Pollution Funds Center 

U.S. Coast Guard Stop 7100 

 4200 Wilson Boulevard, Suite 1000 

 Arlington, VA 20598-7100 

5. If we do not receive the signed Acceptance/Release Form within 60 days of the date of this memo, the 

offer is void. If the settlement is accepted, your payment will be mailed within 30 days of receipt of the 

Release Form. Please provide account information and instruction for the transfer of funds to your Damage 

Assessment Restoration and Revolving Fund Account with the signed Form. 

 

6. If you have any questions about this determination, please feel free to contact me at 703-872-6054. 

# 

Enclosures: (1) NPFC determination 

 (2) Summary of Claimed Activities 

 (3) Acceptance/Release Form
National Pollution Funds Center Determination 

Claim Number and Name: N10036-OC18, Deepwater Horizon Oil Spill Assessment

Claimant: National Oceanic and Atmospheric Administration 

Claim Type: NRDA, Upfront Assessment Costs 

Amount Requested: $17,206,503 

Offer Amount: $14,620,918 

Determination Date: 24 April 2014 

NPFC Claim Manager: Fredy Hernandez 

Summary of the Incident and Claim 

On April 20, 2010, the Deepwater Horizon mobile offshore drilling unit exploded and 

sank, discharging an estimated 2101 million gallons of oil into the Gulf of Mexico until 

the well was capped on July 15, 2010. Responders to the discharge dispensed 

approximately 1.84 million gallons of dispersants2 to keep, or delay, the oil from 

reaching sensitive shorelines. The U.S. Coast Guard designated the source of the spill as 

an offshore facility located on an area leased by BP Exploration & Production, Inc. (BP). 

BP accepted the designation and advertised its claims process pursuant to the Oil 

Pollution Act (OPA). 

Upon notification of the spill, the Department of Commerce, National Oceanic and 

Atmospheric Administration (NOAA), along with the Department of the Interior, Fish 

and Wildlife Service (FWS), and five Gulf Coast states3, acting as natural resource 

trustees designated under OPA and appropriate state laws, initiated an assessment of 

natural resource damages resulting from the discharges and response to discharges of oil. 

By September of 2010, the trustees observed over 950 miles of oiled shoreline habitat, 

400 oiled sea turtles, and over 1,500 oiled birds4. Numerous other natural resources at 

risk including fish, marine mammals, oysters, and associated habitats were identified. 

The trustees continue to work together to develop and implement assessment plans to 

determine the nature and extent of these losses. 

On October 30, 2013, NOAA presented the National Pollution Funds Center (NPFC) 

with a claim for costs to implement their 2014 assessment and restoration planning 

activities. The claim totaled $147,902,421, represented as the costs with respect to 

NOAA’s Third Interim, Partial Claim for Assessment and Restoration Planning (2014 

Assessment Plan or Plan). The Plan describes 38 assessment activities, many of which 

are a continuation of assessment and injury quantification efforts initiated in 2011, 2012 

or 2013 and funded by BP or the Oil Spill Liability Trust Fund (Fund or OSLTF). 

 

1

 "Deepwater Horizon Oil Spill Early Restoration Plan." Gulf Spill Restoration Publications. National 

Oceanic Atmospheric Administration, December 1, 2011. 2

 1.07 million gallons on the surface and 771,000 gallons sub-sea. “The Ongoing Administration-Wide 

Response to the Deepwater BP Oil Spill.” Deepwater Horizon Incident Joint Information Center,

September 9, 2010. 3

 The state trustees are Louisiana, Mississippi, Alabama, Florida, and Texas. 4

 Federal Register, Vol. 75, No. 190, Pgs. 60800-60802, October 1, 2010 
NOAA subsequently withdrew two activities and reduced the claim sum certain for 36 

assessment activities to $128,427,3765,6

. 

Earlier Partial Determinations and Payments for Claim N10036-OC18 

On February 3, 2014, the NPFC issued its first partial determination for the October 30, 

2013 claim, approving $46,390,569 for 16 assessment activities included in the claim and 

making the following findings with respect to the incident, claimant, and claim: 

1. The Deepwater Horizon oil spill occurred after OPA’s date of enactment (August 18, 

1990) and is an OPA incident; 

2. OPA damages include natural resource damages, including the reasonable cost of 

assessing those damages. 33 U.S.C. §2702(b)(2)(A); 33 U.S.C. §2706(d)(1)(C); 

3. NOAA is a federal trustee designated by the President with responsibilities to assess 

natural resource damages under its trusteeship and to develop and implement a plan 

for the restoration, rehabilitation, replacement, or acquisition of the equivalent of the 

natural resources under its trusteeship. 33 U.S.C. §2706(b)(1); 33 U.S.C. 

§§2706(c)(1)(A) and (C), and 33 C.F.R. §136.207; 

4. NOAA determined that there is jurisdiction to pursue restoration for this incident 

under OPA. 15 C.F.R. §990.41; 

5. NOAA’s claim for assessment costs is based on its 2014 Assessment Plan, which the 

public was given an opportunity to review and to provide comments. 33 U.S.C. 

§2706(c)(5); 

6. NOAA presented its claim for assessment costs ($147,902,421) based on NOAA’s 

2014 Assessment Plan to BP on July 11, 2013. This claim was not settled within 90 

days by payment by any party, allowing presentment to the Fund as a claim for 

uncompensated natural resource damages; and 

7. The claim was presented to the Fund within the period of limitations for claims. 33 

U.S.C. §2712(h)(2); 33 C.F.R. §136.101(a)(ii), 15 C.F.R. §990.64(a). 

The NPFC issued subsequent partial determinations on February 19, 2014, March 7, 

2014, and April 17, 2014, that adopted these findings and approved an additional 18 

activities included in the October 30, 2013 claim. Enclosure 1 lists the 38 claimed 

assessment activities, identifying the 16 that were approved on February 3, 2014, nine 

that were approved on February 19, 2014, five that were approved March 7, 2014, two 

that were withdrawn on January 31, 2014 and April 10, 2014, four that were approved 

April 17, 2014, and two that are subject to this final determination. 

Fifth and Final Partial Determination 

This section addresses the final two7

 claimed activities in the 2014 Plan. The claimed 

amount for the fifth and final determination associated with the 2014 Plan is $17,206,503. 

 

5

 December 3, 2013, January 31, 2014, March 14, 2014, and April 10, 2014 emails from NOAA to NPFC 6 $147,902,421 (original claimed amount) - $2,525,312 (costs withdrawn on December 3, 2013) - $2 

(withdrawn on January 16, 2014) - $7,462,062 (costs withdrawn on January 31, 2014) - $350,000 (costs 

withdrawn March 20, 2014) - $9,079,669 (costs withdrawn on April 10, 2014) - $58,000 (costs 

withdrawn on April 23, 2014) = $128,427,376 (revised claimed amount)

Page 2 of 11
NPFC Review of Claim and Associated Costs 

F. Sea Turtles

NOAA claims funds for two sea turtle assessment activities; one of which was approved 

in the NPFC’s February 19, 2014 determination (Activity F.1. Sea Turtle Exposure and 

Injury Assessment Report)

8

; the second is addressed below. 

Activity F2. Strandings: Necropsies, and Management, Transport, and Storage of Sea 

Turtles and Marine Mammals 

NOAA’s assessment of potential injuries to sea turtles includes review of information 

from the Sea Turtle Stranding Networks (STSN), an established group of volunteers that 

responds to stranded sea turtles that are washed ashore or floating, alive or dead, and, 

where appropriate, transports the carcasses to laboratory necropsy and storage facilities. 

Following the Deepwater Horizon incident and in response to the observed increases in 

sea turtle and marine mammal strandings in the spill area, the NPFC provided NOAA 

with an obligation of $498,4939 for enhanced efforts by the stranding networks during 

the January - July 2012 period. These enhanced efforts continued in 2013 with $377,936 

provided by BP10. 

NOAA now claims $2,722,782 for contract costs to continue the enhanced STSN efforts in 

2014. Of this total, $1,505,761 is claimed for sea turtle collection, data collection, and 

transport in 2014, $308,403 is claimed for necropsies on sea turtles expected to be collected 

in 2014, $251,800 is claimed for storing turtles and marine mammal carcasses, and 

$590,200 is claimed for agency coordination, data review, and interpretation. NOAA 

supports this request by (1) identifying potential pathways for sea turtle injury, particularly 

during early life stages spent in offshore convergent zones and as adults exposed to surface 

oil during the spill, and (2) stating that sea turtle strandings continue to occur throughout the 

Gulf of Mexico spill area. 

The claim record indicated that information from the 2012 and 2013 enhanced networks 

has helped establish the number of sea turtles that have stranded, and that such strandings 

were located, and are coincident with, surface and shoreline oiling from the spill. 

However, NOAA has not provided evidence from these enhanced efforts or other earlier 

sea turtle assessment work11 that the stranded turtle’s injuries or past injuries resulted 

 

7

 Strandings: Necropsies, and Management, Transport and Storage of Sea Turtles and Marine Mammals 

and Restoration Planning 8

 The NPFC’s February 19, 2014 determination approved $1,096,604 for claim Activity F.1: Sea Turtle 

Exposure and Injury Assessment Report. 9

 Interagency Agreement signed September 13, 2012 between the NPFC and NOAA 

10 January 10, 2014 email from NOAA to NPFC 

11 The NPFC has previously provided $2,250,642 to NOAA and $2,380,597 to the DOI for sea turtle 

assessment activities. For NOAA, NPFC’s July 5, 2012 determination (N10036-OC08) approved (1) 

$494,133 for analysis of dead, live captured, and stranded sea turtles, (2) $43,700 for assessment of 

abundance and distribution of neritic sea turtles, and (3) $207,250 for assessment of sea turtle prey 

availability and quality; and for DOI, NPFC’s March 13, 2012 determination (N10036-OI04) approved 

$1,857,782 to analyze samples and study exposure to Kemp Ridley and Loggerhead sea turtles; NPFC’s 

Page 3 of 11
from the Deepwater Horizon incident. NOAA acknowledges, “stranding data that are 

available in the Northern Gulf prior to 2010 may not be sufficient for direct comparison 

to the stranding data that has been collected since 2010”12. 

The NPFC understands that NOAA plans additional analyses of data from turtles 

collected in 2012 and 2013, and that a planned toxicity study on a surrogate species might 

establish past and/or ongoing injury relating to the Deepwater Horizon incident. 

However, at this time, NOAA has not demonstrated that past efforts by the STSNs have 

provided assessment information of use in determining the type and scale of restoration 

appropriate for the injury, or established that continued enhanced STSN data collection in 

2014 would provide such information; therefore, the NPFC determines that costs 

associated with this activity are not reasonable and appropriate. 33 USC 2706(d)(1)(C); 

15 CFR 990.27(c)(v). Claimed costs of $2,470,982 for proposed 2014 sea turtle 

collection, data collection and transport, and necropsies in 2014 are, therefore, denied. 

If NOAA seeks reconsideration of this claim (see section of this determination titled: 

“Reconsideration of denied costs”) it must submit additional information that 

demonstrates that the proposed continuation of STSN activities will provide assessment 

information of use in determining the type and scale of restoration appropriate for the 

injury. 

The remaining claimed costs of $251,800 are for storing both turtles and marine mammal 

carcasses that were previously collected. The NPFC previously funded enhanced efforts 

to collect and analyze marine mammal carcasses in 201413; therefore, the NPFC finds 

that it is reasonable to continue to store these animals for potential further analyses until 

the assessment is complete (15 C.F.R. §990.27). The claimed costs to store collected 

marine mammals are reasonable for the level of effort proposed. Therefore, costs of 

$251,800 claimed for storing turtles and marine mammal carcasses that were previously 

collected are compensable. 33 U.S.C. §2706 (d)(1)(C); 33 C.F.R. §136.211(a), 

L. Restoration Planning Activities 

Activity L1. Restoration Planning

NOAA’s 2014 Assessment Plan identifies $18,033,118 ($12,157,836 for contract and 

$5,875,282 for agency costs) for the Restoration Planning Activity, which includes nine 

cost categories,14 

 

May 31, 2012 determination (N10036-OI09) approved $344,725 to assess Kemp Ridley nests, and 

NPFC’s July 20, 2012 determination (N10036-OI11) approved $178,090 to assess Loggerhead nests. 12 NOAA response to NPFC request for additional information dated December 13, 2013. 

13 The NPFC’s March 7, 2014 determination approved $3,563,271 for the Coastal and Estuarine Cetacean 

Strandings Activity 14 The nine categories of claimed costs under the Restoration Planning Activitiy are: (1) Leadership, 

Management, and Oversight ($2.567m); (2) Finance ($2.069m); (3) Emergency Restoration ($.214m); 

(4) Early Restoration Planning and Offset Development ($.642m); (5) Early Restoration Regulatory and 

Environmental Compliance ($1.711); (6) Post-Stipulation Early Restoration Project Management and 

Implementation ($2.356m); (7) Programmatic Restoration Plan and Programmatic Environmental 

Impact Statement ($5.919m)14; (8) Data Management ($2.097m); and (9) Communications($0.458m) 

Page 4 of 11
including costs to plan and implement projects to restore, rehabilitate, replace or acquire 

equivalent of natural resources injured due to the incident. Restoration projects for which 

costs are claimed include an emergency restoration project subject to an agreement with 

BP, Early Restoration projects that either are, or will be, associated with a Framework 

Agreement executed in 2011 between the Trustees and BP15, and long-term restoration 

planning pursuant to OPA that will be implemented following completion of the injury 

assessment.

Under the Early Restoration Projects initiative, the Federal and State trustees executed a 

Framework Agreement with BP. The terms of the Framework Agreement provide that 

BP will provide $1 billion to the trustees to fund Early Restoration projects that are 

outside and distinctive from the OPA-based 2011 -2014 Interim Assessment Plans and 

the subsequent restoration plans. Under the terms of this Framework Agreement, the 

federal and state trustees identify Early Restoration projects that will be implemented 

prior to completion of the OPA-based injury assessment and restoration process. BP and 

the trustees agree that BP will obtain specific restoration credits to offset natural resource 

injuries caused by the oil spill, once determined. When the offsets are determined and 

agreed upon, BP and the trustees execute a Stipulation memorializing each Early 

Restoration project and the associated offsets and BP agrees to provide funds to 

implement each project. 

The Stipulations are not clear as to whether the trustees, upon receipt of payment for 

implementation of the Early Restoration projects, retain any rights that would be acquired 

by the Fund in the event that the trustees seek further funding from the Fund for 

implementation costs. The NPFC sought clarification from both NOAA and Department 

of Justice (who aided the trustees in the development of the Framework Agreement and 

the specific Stipulations) as to whether the trustees retained any rights that the United 

States would acquire if costs were paid from the Fund. Neither DOJ nor the trustees 

provided clarification as to reservation of rights; therefore, the NPFC determined that any 

trustee costs incurred after execution of the Stipulations are not payable from the Fund. 

NOAA has withdrawn all Early Restoration project costs from consideration. Our 

findings are discussed below. 

1. Emergency Restoration ($214,000): This cost category will to fund Emergency 

Restoration activities associated with restoration of submerged aquatic vegetation that 

was damaged by the response action. NOAA and BP agreed that BP would reimburse 

NOAA for its costs to complete the restoration project, which includes two-year 

monitoring, oversight and closeout costs. NOAA withdrew these costs on March 20, 

201416. 

2. Programmatic Environmental Impact Statement and Programmatic Restoration Plan

($5,919,000): NOAA is leading the development of the Deepwater Horizon

Programmatic Restoration Plan (PRP) and the Programmatic Environmental Statement 

(PEIS), which will be the foundation of the OPA restoration-based claim to compensate 

the public for injured resources. The costs will fund the development of a PRP/PEIS that 

will evaluate alternatives, and identify preferred alternatives scaled to restore the 

 

15 Early Restoration Framework Agreement between the trustees and BP signed April 20, 2011 

16 March 20, 2014 email from NOAA to NPFC 

Page 5 of 11
equivalent of injured resources and lost services. The draft PRP/PEIS will be made 

available for public review. The NPFC finds that these claimed costs are reasonable and 

appropriate. 33 U.S.C. §2706 (d)(1)(C); 33 C.F.R. §136.211(a). 

3. Early Restoration Planning and Offset Development ($642,000): Costs associated 

with this category will fund the identification of Early Restoration projects in Phase III 

and Phase IV of the Early Restoration initiative and the development of restoration 

scaling and injury offsets for Early Restoration projects. These activities, which bring the 

projects up to OPA- and NEPA-readiness, are conducted prior to execution of a 

Stipulation for each of the Early Restoration projects. BP and the trustees execute a 

Stipulation for each project only after the restoration projects and injury offsets are 

agreed upon by the parties. At that time, BP provides funding for implementation of that 

particular project. Thus, the trustees do not have funds to support the identification, or 

planning efforts for the Early Restoration projects. The NPFC finds that pre-Stipulation 

claimed costs are payable from the Fund. 33 U.S.C. §2706 (d)(1)(C); 33 C.F.R. 

§136.211(a), §2713(c)(2). 

4. Post Stipulation Early Restoration Project Management and Implementation

($2,356,000): These costs are claimed for NOAA’s labor associated with Phases I, II, 

and III non-NOAA led Early Restoration projects. As represented by NOAA, these costs 

would be incurred after the execution of the Stipulations for these projects. NOAA 

withdrew these claimed costs on January 30, 201417. 

5. Leadership, Management and Oversight ($2,569,000): This category includes costs to 

manage and oversee restoration planning activities for NOAA led projects. NOAA 

senior managers are responsible for managing a NRDA for the largest spill in U.S. 

history. It is actively engaged with prioritizing and coordinating day-to-day work for 

NRDA teams and is responsible for coordinating relevant information with other NOAA 

line offices, the DOI and other Federal agencies, state co-trustees, and members of the 

public. This effort requires protocols, internal controls, and periodic audits to govern 

what may be decades worth of restoration implementation. There is no precedent for 

multi-state and Federal trustees governance agreements; therefore, crafting procedures 

that will facilitate restoration implementation in the future will take a significant amount 

of time and effort. NOAA acknowledged that some of these claimed costs include work 

on Early Restoration projects incurred after execution of the Stipulations and 

subsequently withdrew $69,000 of these costs18. The NPFC determines that the 

remaining $2,500,000 is compensable from the Fund. 

6. Finance ($2,067,000): NOAA is responsible for broad financial oversight and fiscal 

management of the NRDA projects. The size and scope of the Deepwater Horizon

NRDA requires a significant amount of time and effort. These claimed costs are to fund 

budget planning, tracking and execution, as well as documenting expenditures for cost 

recovery. It also includes funding for financial oversight of restoration funds and a 

contract to hire an accounting firm to provide independent review of cost documentation 

and to provide audit services. Some of these claimed costs include oversight of Early 

 

17 January 31, 2014, email from NOAA to NPFC 

18 NOAA withdrew $69k from this activity related to post stipulation work. 

Page 6 of 11
Restoration projects occurring post-Stipulation and are not reimbursable from the Fund. 

NOAA withdrew $900k and subsequently withdrew $67k from this category19. The 

NPFC determines that the remaining $1.1m is compensable from the Fund. 

7. Data Management ($2,075,000): These claimed costs are to fund a data management 

team to develop and maintain solutions for managing and tracking Early Restoration 

projects through project planning, implementation and long term monitoring20,21 as well 

as for other projects. NOAA acknowledged that some of these claimed costs include 

work on Early Restoration projects incurred after execution of the Stipulations and 

subsequently withdrew $22k from consideration22,23; therefore, the NPFC has determined 

that the remaining $2.075m is compensable from the Fund. 

8. Communications ($440,118). These claimed costs are for a communications team that 

provides information to the public and manages its social media channels and the Gulf 

Spill Restoration website regarding restoration projects, including Early Restoration 

projects24. NOAA acknowledged that some of these claimed costs include work on Early 

Restoration projects incurred after execution of the Stipulations and subsequently 

withdrew $18k from consideration25,26; therefore, the NPFC has determined that the 

remaining $.440m is compensable from the Fund. 

9. Early Restoration Project Regulatory and Environmental Compliance ($1,693,000). 

The costs associated with this category include efforts to meet numerous environmental 

compliance responsibilities for maintaining and tracking Early Restoration projects 

through project planning, implementation and long term monitoring27. NOAA 

acknowledged that some of these claimed costs include work for environmental 

compliance associated with Early Restoration projects for which stipulations have 

already been signed (i.e., Phase I and Phase II) and NOAA subsequently withdrew 

$18k from consideration28,29; therefore, the NPFC has determined that the remaining 

$1.693m is compensable from the Fund. 

In summary, the NPFC approves $14.369m30 for the Restoration Planning Activity 

(Table 1). Approved funds are provided with the understanding that: 

1) NOAA will not use any NPFC funds for Early Restoration projects (planning or 

implementation) after Stipulations have been executed for Early Restoration 

projects. 

 

19 NOAA withdrew $900k on December 3, 2013, and $69k on March 14, 2014, from consideration. 20 NOAA’s 2014 Assessment Plan, page 149 

21 It is not clear to the NPFC whether this work is exclusive to pre stipulation project planning, or includes 

work to obtain permits for post stipulation projects. 22 NOAA withdrew $22,000 on April 23, 2014, from consideration for post stipulation work. 

23 April 23, 2014 email from NOAA to NPFC 

24 NOAA’s 2014 Assessment Plan, page 149 

25 NOAA withdrew $18,000 on April 23, 2014, from consideration for post stipulation work. 

26 April 23, 2014 email from NOAA to NPFC 

27 NOAA’s 2014 Assessment Plan, page 149 

28 NOAA withdrew $18,000 on April 23, 2014, from consideration for post stipulation work. 

29 April 23, 2014 email from NOAA to NPFC 

30 Includes $4,631,400 of NOAA labor costs. 

Page 7 of 11
2) NOAA’s cost accounting will distinguish between costs incurred with respect to 

Early Restoration projects subject to Stipulation Agreements and other restoration 

planning costs that may be payable from the Fund. NOAA will retain the right to 

recover costs of developing Early Restoration projects incurred before signing a 

Stipulation for such project(s), and such rights shall be subrogated to the United 

States as a condition of receiving funds for such costs from the Fund. In the event 

that any moneys paid from the Fund are used to fund Early Restoration projects 

after Stipulations are executed, NOAA will return the funds to the OSLTF. 

Table 1. Restoration Planning Determination Summary 

Restoration Planning Cost Category Claimed 

Amount 

NPFC 

Determination 

Programmatic Environmental Impact Statement 

(PEIS) and Programmatic Restoration Plan (PRP) $5.919m Approve $5.919m

Early Restoration Planning and Offset Development $0.642m Approve $0.642m

Emergency Restoration $0.214m Withdrawn 

Post-Stipulation Early Restoration Project 

Management and Implementation $2.356m Withdrawn 

Leadership, Management, and Oversight $2.569 Approve $2.5m 

Finance $2.067 Approve $1.1m 

Early Restoration Project Regulatory and 

Environmental Compliance $1.711m Approve $1.693m

Data Management $2.097m Approve $2.075m

Communications $0.458m Approve $0.440m

NOAA Labor

NOAA claims $21,659,55831 for agency labor, travel, supplies, and ship time associated 

with the 36 assessment activities claimed. NOAA staff consists of more than one 

hundred administrative support specialists, scientists, restoration specialists, attorneys, 

and program managers working on the NRDA. NOAA labor includes data management, 

scientific documentation, legal review of analyses and technical deliverables; oversight of 

technical support contractors and associated work products; coordination with cotrustees32, the public, and representatives from the RP33; and the preparation or review of 

technical materials to support public communications and injury assessment. 

 

31 Revised on December 3, 2013, January 31, 2014, March 14, 2014, April 10, 2014, and April 23, 2014 32 The description of NOAA labor costs associated with the Restoration Planning Activity are not included 

here; but rather included under Activity L1. Restoration Planning costs. 33 Coordination under this activity is related to oversight, support, and general information, which differs 

from coordination costs claimed above for other activities that are for coordination within the technical 

work groups and related specifically to technical aspects of an injury category. 

Page 8 of 11
The NPFC identified $4,778,00334 in NOAA labor costs associated with the two35

activities adjudicated in this determination. The NPFC approves $4,631,400 as the 

NOAA labor costs associated with and needed to complete the approved portions of the 

Plan. The NPFC denies $114,603 because these costs are associated with denied portions 

of the Plan and are not compensable. 

After reviewing NOAA’s 2014 Assessment Plan and additional claim information 

provided by NOAA, the NPFC finds that the (1) the activity described above for NOAA 

agency costs is an appropriate activity necessary to complete the approved 2014 

assessment activities and (2) costs claimed for this activity are reasonable for the 

proposed level of effort given the complexity of the incident relating the nature and 

extent of oiling, geographic extent of exposure of natural resources to oil, and amount of 

data collected. 15 C.F.R. 990.27(c). The NPFC finds that $4,631,400 of the $21,659,558 

costs claimed for this activity is compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 

33 C.F.R. §136.209 and .211, and 33 U.S.C. §2712(a)(4). 

Reconsideration of Denied Costs 

All contract and NOAA agency costs pertaining to the activities included in this 

determination that are not being offered for payment are considered denied36. NOAA 

may make a written request for reconsideration of this determination. The 

reconsideration request must be received by the NPFC within 60 days after the date of 

this determination. The request for reconsideration must be in writing and must include 

the factual or legal basis of the request for reconsideration, providing any additional 

support for the claim. Reconsideration will be based upon the information provided and 

a claim may be reconsidered only once. Disposition of the reconsideration will constitute 

final agency action. Failure of the NPFC to issue a written decision within 90 days after 

receipt of a timely request for reconsideration shall, at the option of the claimant, be 

deemed final agency action. All correspondence should include the corresponding claim 

number N10036-OC18.

Summary 

The NPFC has reviewed the claim submitted by NOAA for costs to implement its 2014 

Assessment Plan for the Deepwater Horizon incident in accordance with OPA (33 U.S.C. 

§2701 et seq.) and associated regulations (15 C.F.R. Part 990 and 33 C.F.R. Part 136). 

Through this fifth and final determination, the NPFC offers $14,620,918 to implement 

approved portions of two activities detailed in NOAA’s 2014 Assessment Plan. 

 

34 In the plan, NOAA described the level of effort for each activity and later identified agency costs 

associated with each assessment activity, which the NPFC used to determine the total amount of labor 

costs compensable for each approved activity. 35 Strandings: Necropsies, and Management, Transport and Storage of Sea Turtles and Marine Mammals 

($114,603) and Restoration Planning ($4,631,400) 36 $2,470,982 is denied for the Strandings: Management, Transport and Storage of Sea Turtles and Marine 

Mammals Activity; $3,272,118 is denied for the Restoration Planning Activity; and $1,108,603 is 

denied for NOAA labor.

Page 9 of 11
This offer constitutes full and final payment for the two activities addressed in this 

determination. 

Revolving Trust Fund and Return of Unused Funds to the OSLTF 

As established by OPA (33 U.S.C. §2706(f)) and the NRDA regulations (15 C.F.R. 

§990.65), sums recovered by trustees for natural resource damages must be retained in a 

non-appropriated revolving trust account for use only to implement the nine activities 

addressed in this determination in accordance with the 2014 Assessment Plan. For this 

claim, the NPFC will deposit $14,620,918 into NOAA’s Damage Assessment Restoration 

and Revolving Fund Account, which NOAA has demonstrated37 to be a nonappropriated, revolving trust fund. 

Cost Documentation, Progress Reporting, and Final Report

As the claimant, NOAA shall ensure that all expenditures of OSLTF funds are 

documented appropriately and spent according to the 2014 Assessment Plan for the two 

activities approved in this determination. Any funds not spent or appropriately 

documented shall be returned to the Fund. 33 U.S.C. §2706(f). 

One year from the date of this determination, and annually thereafter, NOAA shall 

provide the NPFC with a report on the status of implementation and expenditures. These 

annual progress reports should include: 

1. Certification by NOAA that all assessment activities approved in this determination 

have been conducted in accordance with the 2014 Assessment Plan; 

2. A progress report that includes a description of work accomplished, timeline for 

future activities, and any unexpected problems incurred during implementation; 

3. A summary of expenditures by category (i.e., labor, consultant/contractors, and 

travel); and 

4. A narrative description of the work accomplished by each individual and how that 

work fits into the overall progress of the work for the year. Enough detail should be 

included to determine reasonableness of costs for each employee when cost 

documentation is received with the final report. 

NOAA shall submit a final progress report within 120 days from the date an approved 

activity is complete. This report should include: 

1. Certification by NOAA that all expenditures of OSLTF funds were in accordance 

with the plan as approved by the NPFC; 

2. A summary of findings; 

3. Copies of final reports and/or studies; 

4. Documentation of OSLTF funds remaining in the Revolving Trust Fund for this 

claim, including account balance and interest earned; and 

5. Documentation of all expenditures as follows: 

a. Labor: For each employee – 

 

37 October 15, 2013 email from NOAA to NPFC 

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i. A narrative description of the work accomplished by each individual and how 

that work fit into the plan. Enough detail should be included to determine 

reasonableness of costs; and 

ii. The number of hours worked, labor rate, and indirect rate. An explanation of 

indirect rate expenditures, if any, will be necessary; 

b. Travel: Paid travel reimbursement vouchers and receipts; 

c. Contract: Activities undertaken, lists of deliverables, and contract invoices and 

receipts; 

d. Purchases/Expendables: Invoices and receipts, along with an explanation of 

costs; and 

e. Government Equipment: Documentation of costs, including the rate (i.e., hourly, 

weekly) and time for all equipment used for which costs were incurred. 

With the final report(s), the NPFC will reconcile costs and all remaining funds and/or 

inadequately documented costs will be returned to the OSLTF. 

The NPFC has prepared standardized templates with instructions to facilitate final cost 

reporting (enclosed).
Enclosure 1. Summary of Claimed Activities 

Resource Category Claimed Activity Approved 2/3/14 Approved 2/19/14 Approved 3/7/14 Denied 3/7/14 Approved 04/17/14 

A. Offshore Benthic Habitat and Communities 

1. Soft Bottom Sediment $6,950,836 

2. Hard Ground Corals $595,013 3. Mesophotic Reefs $5,884,710 4. Benthic Megafauna $1,134,409 

B. Bluefin Tuna 1. Bluefin Tuna Spawning Habitat Analyses $692,085 C. Transport, Fate, and Effects Modeling 

1. Oil Fate Modeling and Comparisons with Observational Data $2,975,364 

2. Hydrodynamics Modeling $1,414,703 3. Exposure and Injury Modeling and Data Inputs $1,653,583 

D. Fish and Plankton 

1. Analysis of Field Data from 2010-2011 $2,655,454 

2. Documentation of Oil Pathway, Water Column Organisms Exposed and Injuries $1,458,851 

E. Sargassum 1. Sargassum Communities $991,010 F. Sea Turtles 

1. Sea Turtle Exposure and Injury Assessment $1,096,604 2. Strandings: Management, Transport and Storage of Sea Turtles and Marine Mammals 

G. Marine Mammals 

1. Estuarine Dolphins $3,983,212 

2. Coastal/Shelf Dolphins $254,002 3. Coastal and Estuarine Cetacean Strandings $3,563,271 $1,881,074 4. Oceanic Marine Mammals $363,579 5. Inhalation $439,267 

H. Shoreline 

1. Assessing Recovery of Coastal Wetlands $2,156,617 

2. Completing Analysis of Coastal Wetland Injury $152,601 3. Completing Analysis of Coastal Wetland Erosion $902,850 

I. Nearshore Sediment and Biota 

1. Characterizing Nearshore Sediment Contamination $726,916 

2. Characterizing Nearshore Biota Contamination $323,565 3. Completing Analysis of Nearshore Benthic Injury $330,969 4. Supplemental Nearshore Sediment Sampling Withdrawn 
Resource Category Claimed Activity Approved 2/3/14 Approved 2/19/14 Approved 3/7/14 Denied 3/7/14 Approved 04/17/14 

J. Integration of Nearshore Exposure and Injury 

1. Integrate and Interpret Findings Regarding Nearshore Exposure and Injury and Prepare Reports $2,361,607 

K. Oysters 

1. Continued Monitoring of Subtidal Oyster Injury (Abundance and 

Biomass) $3,514,114 

2. Continued Monitoring of Subtidal Oyster Injury (Recruitment) $7,493,605 3. Continued Monitoring and Analysis of Nearshore Oyster Injury Withdrawn 4. Comprehensive Integration of Oyster Injury Assessment Elements $5,098,406 

L. Restoration Planning Activity M. Toxicity to Aquatic Organisms 1. Toxicity to Aquatic Organisms $8,196,986 N. Chemistry 

1. Contaminant Analytical Chemistry $10,321,910 

2. Storage and Long Term Archive of Samples $3,668,409 

O. Data Management and Visualization 

1. Data Management: Infrastructure $2,811,524 

2. Data Management: Documentation $977,948 

P. Injury Assessment Management and Administration 

1. Injury Assessment and Legal Case Management $4,381,584 

2. Deepwater Horizon Electronic Content Management and Oil Pollution Act Administrative Record Management System $2,900,680 

NOAA Labor $8,400,320 $2,705,853 $5,176,848 $630,534 Total $46,390,569 $12,585,574 $23,305,087 $1,881,074 $27,058,569 
U.S. Department 

of Homeland Security

United States 

Coast Guard

Director 

United States Coast Guard 

National Pollution Funds Center 

U.S. Coast Guard Stop 7100 

National Pollution Funds Center 

4200 Wilson Boulevard, Suite 1000 

Arlington, VA 20598-7100 

E-mail: @uscg.mil 

Claim Number: N10036-OC18 Claimant Name: National Oceanic Atmospheric Administration

The National Oceanic Atmospheric Administration (NOAA), the undersigned, accepts the offer 

of $14,620,918 as the fifth and final payment of the claim listed above. 

On October 30, 2013, NOAA presented a claim to the Oil Spill Liability Trust Fund (OSLTF or 

the Fund) in the total amount of $147,902,421 for upfront costs to assess potential damages to 

natural resources resulting from the discharge of oil on or about April 20, 2010, from an area of 

offshore land leased to BP Exploration & Petroleum (BP) (the Deepwater Horizon incident). 

The NPFC assigned Claim Number N10036-OC18 to this claim. NOAA subsequently reduced 

the claim amount to $128,427,376, which includes funding for 36 activities. On February 3, 

2014, February 19, 2014, March 7, 2014, and April 17, 2014, the NPFC approved partial 

payments of this claim in the amount of $46,390,569, $12,585,574, $23,305,087, and 

$27,058,569 respectively. This offer of $14,620,918, dated April 24, 2014, is a fifth and final 

payment for Claim Number N10036-OC18 to fund two additional activities. 

The NOAA accepts the settlement offer of $14,620,918 as full and final compensation for the 

costs to implement two assessment activities as described in the April 24, 2014 determination 

(N10036-OC18). 

The NOAA agrees to comply with 33 U.S.C. § 2706(f) by depositing into a revolving trust 

account the $14,620,918 awarded in the April 24, 2014 determination. 

The NOAA hereby assigns, transfers, and subrogates to the United States all rights, claims, 

interest and rights of action, that it may have against any party, person, firm or corporation that 

may be liable for the payment of the $14,620,918 payable and paid from the Fund for Claim 

Number N10036-OC18. The NOAA authorizes the Unites States to sue, compromise or settle in 

the name of NOAA and the NPFC be fully substituted for, and acquires all NOAA rights arising 

from the April 24, 2014 determination. 

The NOAA acknowledges that the United States has pending legal actions associated with the 

Deepwater Horizon incident in federal district court but warrants that no settlement will be made 

by any person on behalf of the NOAA with any other party to recover the compensation paid by 

the OSLTF for this April 24, 2014 determination and NOAA will cooperate fully with the NPFC 

in any claim and/or action by the United States against any person or party to recover the 

compensation paid by the OSLTF. The cooperation shall include, but not be limited to, 

immediately reimbursing the OSLTF any compensation received from any other source for the 

same claim, and providing any documentation, evidence, testimony, and other support, as may be 

necessary for the NPFC to recover from any other party or person. 
The NOAA certifies that to the best of its knowledge and belief that the information contained in 

this claim represents all material facts and is true, and it understands that misrepresentation of 

facts is subject to prosecution under federal law including, but not limited to, 18 U.S.C. §§287 

and 1001. 

FOR THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 

_________________________________________ _______________________ 

 Tony Penn Date 

 NOAA Office of Response and Restoration