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CLAIM SUMMARY / DETERMINATION 

Claim Number: N19048-0001 

Claimant: Texas General Land Office 

Type of Claimant: State 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $522.94 

Action Taken: Offer in the amount of $522.94 

FACTS: 

Oil Spill Incident 

On May 7, 2019, during a routine beach patrol, an oil spill was discovered in the Gulf of 

Mexico, along the tidal zone of Padre Island, Texas.1 Texas General Land Office (TGLO) 

Response Officer, , in his capacity as the State On-Scene Coordinator (SOSC), 

responded to the incident.2

 On May 8, 2019, the United States Coast Guard’s (USCG) National 

Response Center (NRC) was contacted and notified of the spill by of the USCG’s 

Sector Corpus Christi.3 TGLO and USCG personnel discovered approximately 150 gallons of oil 

in the form of a tarball that had washed ashore.4

 TGLO coordinated with MST1 of the 

USCG who federalized the response and opened a federal project number (FPN) N19048.5 Texas 

General Land Office (TGLO) response officers assisted and monitored the cleanup efforts of the 

response contractor, Miller Environmental. Miller Environmental was hired by the USCG for 

cleanup and disposal activities.6

Responsible Party 

 The SOSC indicated that the resposnsible party (RP) was unknown.7

 The Coast Guard 

indicated this was indeed a mystery spill.8

Description of Removal Activities for this Claimant: 

 

1

 USCG SitRep-POL ONE AND FINAL FPN N19048, Section - 1. Situation, A. Overview, dated May 9, 2019 by 

Sector Corpus Christi, TX. 

2

 TGLO Claim Submission, Page 4, Texas General Land Office Oild Spill Prevention & Response Program Incident 

Report For Spill Number 2019-1607. 

3

 TGLO Claim Submission, Page 14, NRC Report # 1245026 dated May 8, 2019. 4

 USCG SitRep-POL ONE AND FINAL FPN N19048, Section - 1. Situation, A. Overview, dated May 9, 2019 by 

Sector Corpus Christi, TX. 

5

 USCG SitRep-POL ONE AND FINAL FPN N19048, Section - 2. Action Taken, B., dated May 9, 2019 by Sector 

Corpus Christi, TX. 

6

 TGLO Claim Submission, Page 1, dated June 5, 2019. 7

 TGLO Claim Submission, Page 1, dated June 5, 2019. 

8

 USCG FPN N19048 FPN Notification Mystery – N19048, Section – 6. Suspected Source, dated May 8, 2019 by 

Sector Corpus Christi. 
 

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Miller Environmental arrived on scene and completed removal activities.9 TGLO monitored 

the daily response activities of the response contractor and recorded daily field logs that 

described their response actions as follows: May 7, 2019 location of tar between mile markers 95 

and 86 with approximately 2% coverage, fresh, tacky and the largest size being 2ft x 2ft; May 8, 

2019 discovery of a large tar mat 4’ x 5’ x 1’ north of Bob Hall pier between access roads 4 and 

5; May 8, 2019 final patrol of the beach in which no other oil was found.10 

The Claim: 

On June 6, 2019, the NPFC received TGLO’s claim for reimbursement of its uncompensated 

removal costs in the total amount of $522.94 for State personnel and equipment costs. 

APPLICABLE LAW: 

"Oil" is defined in relevant part, at 33 USC § 2701(23), to mean “oil of any kind or in any form, 

including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged 

spoil”. 

The Oil Spill Liability Trust Fund (OSLTF), which is administered by the NPFC, is available, 

pursuant to 33 USC §§ 2712(a)(4) and 2713 and the OSLTF claims adjudication regulations at 

33 CFR Part 136, to pay claims for uncompensated removal costs that are determined to be 

consistent with the National Contingency Plan and uncompensated damages. Removal costs are 

defined as “the costs of removal that are incurred after a discharge of oil has occurred or, in any 

case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or 

mitigate oil pollution from an incident”. 

Under 33 USC §2713(b)(2) and 33 CFR 136.103(d) no claim against the OSLTF may be 

approved or certified for payment during the pendency of an action by the claimant in court to 

recover the same costs that are the subject of the claim. See also, 33 USC §2713(c) and 33 CFR 

136.103(c)(2) [claimant election]. 

33 U.S.C. §2713(d) provides that “If a claim is presented in accordance with this section, 

including a claim for interim, short-term damages representing less than the full amount of 

damages to which the claimant ultimately may be entitled, and full and adequate compensation is 

unavailable, a claim for the uncompensated damages and removal costs may be presented to the 

Fund.” 

Under 33 CFR 136.105(a) and 136.105(e)(6), the claimant bears the burden of providing to the 

NPFC, all evidence, information, and documentation deemed necessary by the Director, NPFC, 

to support the claim. 

 

9

 USCG SitRep-POL ONE AND FINAL FPN N19048, Section - 2. Action Taken, D and E, dated May 9, 2019 by 

Sector Corpus Christi, TX. 

10 TGLO Claim Submission, Pages 7-8 , TGLO Daily Field Notes, dated May 7-8, 2019. 
 

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Under 33 CFR 136.105(b) each claim must be in writing, for a sum certain for each category of 

uncompensated damages or removal costs resulting from an incident. In addition, under 33 CFR 

136, the claimant bears the burden to prove the removal actions were reasonable in response to 

the scope of the oil spill incident, and the NPFC has the authority and responsibility to perform a 

reasonableness determination. Specifically, under 33 CFR 136.203, “a claimant must establish - 

(a) That the actions taken were necessary to prevent, minimize, or mitigate the effects of the 

incident; 

(b) That the removal costs were incurred as a result of these actions; 

(c) That the actions taken were determined by the FOSC to be consistent with the National 

Contingency Plan or were directed by the FOSC.” 

Under 33 CFR 136.205 “the amount of compensation allowable is the total of uncompensated 

reasonable removal costs of actions taken that were determined by the FOSC to be consistent 

with the National Contingency Plan or were directed by the FOSC. Except in exceptional 

circumstances, removal activities for which costs are being claimed must have been coordinated 

with the FOSC.” [Emphasis added]. 

DETERMINATION OF LOSS: 

A. Overview:

1) MST1 , of USCG Sector Corpus Christi, as the FOSC for this incident, 

determined that the actions undertaken by the Claimant are deemed consistent with 

the NCP. 33 U.S.C. §§ 2702(b)(1)(B) and 2712(a)(4);

2) The incident involved the discharge of “oil” as defined in OPA 90, 33 U.S.C. § 

2701(23), to navigable waters. 

3) In accordance with 33 CFR § 136.105(e)(12), the claimant has certified no suit has 

been filed in court for the claimed uncompensated removal costs. 

4) The claim was submitted within the six year statute of limitations. 33 U.S.C. § 

2712(h)(1); 

5. The NPFC Claims Manager has thoroughly reviewed all documentation submitted 

 with the claim and determined that the removal costs presented were for actions in 

 accordance with the NCP and that the costs for these actions were indeed reasonable 

 and allowable under OPA and 33 CFR § 136.205 

B. NPFC Analysis: 

 NPFC CA reviewed the actual cost invoices and dailies to confirm that the claimant 

had incurred all costs claimed. The review focused on: (1) whether the actions taken 

were compensable “removal actions” under OPA and the claims regulations at 33 CFR 

136 (e.g., actions to prevent, minimize, mitigate the effects of the incident); (2) whether 

the costs were incurred as a result of these actions; (3) whether the actions taken were 

determined by the FOSC, to be consistent with the NCP or directed by the FOSC, and (4) 

whether the costs were adequately documented and reasonable. 
 

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 The Coast Guard confirmed that the actions undertaken by TGLO, in its joint 

response to the incident, were reasonable and necessary.11 The NPFC has confirmed that 

the services performed by TGLO were billed in accordance with the state’s rates for 

reimbursement. 

 On that basis, the Claims Manager hereby determines that the Claimant did in fact 

incur $522.94 of uncompensated removal costs, and that amount is payable by the 

OSLTF as full compensation for the reimbursable removal costs incurred by the Claimant 

and submitted to the NPFC under claim number N19048-0001. The Claimant states that 

all costs claimed are for uncompensated removal costs incurred by the Claimant for this 

incident on May 7, 2019. The Claimant represents that all costs paid by the Claimant are 

compensable removal costs, payable by the OSLTF as presented by the Claimant. 

 C. Determined Amount: 

The NPFC hereby determines that the OSLTF will pay $522.94 as full compensation 

for the reimbursable removal costs incurred by the Claimant and submitted to the NPFC 

under claim number N19048-0001. All costs claimed are for charges incurred by the 

Claimant for removal actions as that term is defined in OPA and, are compensable 

removal costs, payable by the OSLTF as presented by the Claimant. 

AMOUNT: $522.94 

 

 

 

Claim Supervisor: 

Date of Supervisor’s review: 6/12/19 

Supervisor Action: Approved 

 

11 USCG SitRep-POL ONE AND FINAL FPN N19048, Section - 1. Situation, A. Overview, dated May 9, 2019 by 

Sector Corpus Christi, TX.