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 

 19 February 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 Atmospheric Administration (NOAA) for costs to assess potential natural 

resources 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. 

2. On February 3, 2014, the NPFC issued a partial determination that approved 16 of the 38 

assessment activities; and NOAA later withdrew one additional activity. The NPFC is now 

issuing the enclosed second partial determination and offer to pay $12,585,574 for nine of the 

remaining 21 claimed activities and associated NOAA agency costs, while we continue to 

adjudicate the remaining $78,938,902 claimed for 12 activities. This second partial determination 

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

regulations (33 C.F.R. Part 136 and 15 C.F.R. 990 et seq.). A copy of the determination and 

offer to pay the amount of $12,585,574 is enclosed. 

3. 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 

4. 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. 

 

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

6054. 

# 

Enclosures: (1) NPFC determination 

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

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

Claimant: National Oceanic Atmospheric Administration 

Type of Claim: NRDA, Upfront Assessment Costs 

Claim Manager: Fredy Hernandez 

Offer Amount: $12,585,574 

Determination Date: 19 February 2014 

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 Atmospheric 

Administration (NOAA), along with the Department of the Interior, Fish and Wildlife Service 

(FWS), and five Gulf Coast states 3

, 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 the August-September 2010 period, the trustees 

observed over 950 miles of oiled shoreline habitat, 400 oiled sea turtles, and over 1,500 oiled 

birds4

; and identified numerous other natural resources at risk to include fish, marine mammals, 

oysters, and associated habitats. The trustees have continued 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 $147,902,421 to implement their 2014 assessment and restoration planning activities. 

The costs associated with this claim are with respect to NOAA’s Third Interim, Partial Claim for 

Assessment and Restoration Planning Costs (2014 Assessment Plan). The Plan describes 38 

assessment activities, many of which involve continuation of assessment and injury 

quantification efforts initiated, or analyses of samples collected, in cooperation with, and/or 

funding from, BP and the Oil Spill Liability Trust Fund (The Fund or OSLTF) in 2012 and 2013. 

NOAA reduced the claim sum certain for the 38 assessment activities to $137,915,0455. 

On February 3, 2014, the NPFC issued a partial determination for this claim that approved 

$46,390,569 for 16 assessment activities included in the October 30, 2013 claim, and made the 

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

 

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 5

 December 3, 2013 and January 31, 2014 emails from NOAA to NPFC 
1. The Deepwater Horizon oil spill occurred after OPA’s date of enactment (August 18, 1990) 

and is an OPA incident with respect to OPA damages to natural resource damages and the 

reasonable cost of assessing those damages. 33 U.S.C. §§2702(b)(2)(A); 33 U.S.C. § 

2706(d)(1)(C). 

2. NOAA is a federal trustee designated by the President and its responsibilities include the 

assessment of natural resource damages under its trusteeship and the development and 

implementation of 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. 

3. NOAA determined that there is jurisdiction to pursue restoration for this incident under OPA. 

15 C.F.R. §990.41. 

4. 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). 

5. NOAA presented its claim for assessment costs ($147,902,421) based on its 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 NPFC as a claim for uncompensated 

natural resource damages. 

6. The claim was presented to the Fund within the period of limitations for claims. 33 U.S.C. 

§§2713(h)(2); 33 C.F.R. §136.101, 15 C.F.R. 990.64(b). 

This second determination adopts these findings, and provides the following additional findings 

specific to the nine6

 assessment activities included in NOAA’s claim submitted to the NPFC on 

October 30, 2013. The remaining 12 activities not included in the February 3, 2014, and this 

determination remain under adjudication7

. 

NPFC Review of Claim and Associated Costs 

NOAA’s 2014 Assessment Plan and claim include 378 assessment activities with a revised total 

implementation cost of $137,915,0459

. This section presents the NPFC findings for nine of the 

37 claimed activities. The organization of this section follows the claim submission, which 

presents claimed activities under three categories: (I) Offshore Aquatic Habitat and Resource 

Investigations, (II) Nearshore Habitat and Resource Investigations, and (III) Other. Within these 

three categories, specific activities are presented by resource type. 

 

6

 Sea Turtle Exposure and Injury Assessment Report; Estuarine Dolphins; Coastal/Shelf Dolphins; Oceanic Marine 

Mammals; Inhalation; Characterizing Nearshore Sediment Contamination; Characterizing Nearshore Biota 

Contamination; Completing Analysis of Benthic Injury; and Integrate and Interpret Findings Regarding Nearshore 

Exposure Injury and Prepare Reports 7

 Soft Bottom Sediment; Hard Ground Corals; Mesophotic Reefs; Benthic Megafauna; Strandings: Necropsies, and 

Management, Transport and Storage of Sea Turtles and Marine Mammals; Coastal and Estuarine Cetacean 

Strandings; Continued Monitoring of Subtidal Oyster Injury (Abundance and Biomass); Continued Monitoring of 

Subtidal Oyster Injury (Recruitment); Continued Monitoring and Analysis of Nearshore Oyster Injury; 

Comprehensive Integration of Oyster Injury Assessment Elements; Contaminant Analytical Chemistry; and 

Restoration Planning 8

 NOAA withdrew the “Supplemental Collection and Analysis of Nearshore Sediment Data” activity from 

consideration on January 31, 2014 

Claim Number: N10036-OC18 

2 of 11 

9

 $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) = $137,915,045 (revised claimed amount)
Table 1 (attached) lists the 38 claimed assessment activities, identifying the 16 that were 

approved on February 3, 2014; one that was withdrawn on January 31, 2014; nine that are 

subject to this partial determination; and the 12 that remain under NPFC adjudication. 

I. OFFSHORE AQUATIC HABITAT AND RESOURCE INVESTIGATIONS

A. Offshore Benthic Habitat and Communities

 NOAA claims funds for four activities 10 , all of which remain under adjudication. 

B. Bluefin Tuna

The NPFC approved the claimed costs for one activity in its February 3, 2014 determination. 

C. Transport, Fate, and Effects Modeling

The NPFC approved the claimed costs for three activities in its February 3, 2014 determination. 

D. Fish and Plankton

The NPFC approved the claimed costs for two activities in its February 3, 2014 determination. 

E. Sargassum

The NPFC approved the claimed costs for one activity in its February 3, 2014 determination. 

F. Sea Turtles

NOAA claims funds for two activities. The costs for one of the two activities is addressed 

below; the second remains under adjudication11 . 

Activity F1. Sea Turtle Exposure and Injury Assessment Report 

In 2012/13, the trustees collected and analyzed data to document exposure and injury to oceanic, 

shallow water, and nesting sea turtles12 . In 2014, NOAA plans to (1) synthesize the data 

generated by the 2012/13 efforts and (2) review existing literature on sea turtle densities at 

different life stages and effects of exposure to oil and resulting injury. NOAA will then 

integrate data from the literature with findings from 2012/13 injury assessment activities to 

estimate biological impacts by degree of oiling and draft a technical report summarizing 

exposure and injury to sea turtles. 

 

10 Soft Bottom Sediment ($7,270,219), Hard Ground Corals ($712,421). Mesophotic Reefs ($7,329,433), and 

Benthic Megafauna ($3,447,389) 11 The second sea turtle activity that remains under adjudication is Activity F2. Strandings: Necropsies, and 

Management, Transport, and Storage of Sea Turtles and Marine Mammals.

Claim Number: N10036-OC18 

3 of 11 

12 Such as sea turtle tissue analysis data, including PAH concentrations detected in samples of various tissues; 

abundance estimates using dive data from sea turtles fitted with satellite tags; inhalation exposure analysis; and 

estimates of pelagic sea turtle habitat (Sargassum). 
NOAA claims $1,096,604 for contractors to complete the sea turtle injury assessment and 

quantify injury ($804,200), coordinate data review and interpretation ($190,451), and draft 

summary injury assessment report ($101,953). The claim record identifies the principal 

investigators and describes their expertise related to implementing this assessment activity. 

Determination with respect to the Sea Turtle Assessment Activities 

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

NOAA, the NPFC finds that the (1) Activity described above is an appropriate procedure under 

15 C.F.R. §990.27(b) that is capable of providing valid and reliable information to quantify 

injury 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 magnitude of potential injury. 15 C.F.R. 990.27(c). 

Therefore, claimed costs of $1,096,604 for this activity are 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). 

G. Marine Mammals

NOAA is assessing potential injury to marine mammals through a combination of photographic 

monitoring to assess overall abundance over time, capture-release health assessments to diagnose 

disease conditions potentially indicative of oil related toxic effects, and information from 

stranded animals surveys. NOAA reports that findings to date have found endocrine, respiratory, 

and hepatic disease in dolphins consistent with adverse health effects as reported from 

experimental oil exposure studies. These health conditions were observed in Barataria Bay, LA, 

an area that experienced heavy oiling, but were not observed in dolphins from Sarasota Bay, FL, 

an area that was not oiled. 

NOAA claims funds for five Activities. Costs for four of the five Activities are addressed 

below; the fifth remains under adjudication13 . 

Activity G1. Estuarine Dolphins 

Under this activity NOAA plans to continue estuarine dolphin assessment activities in 2014 that 

began in 2012. Specifically, NOAA plans to conduct: additional photographic surveys to 

document reproductive outcomes correlated to the health assessment conducted in 2013; capture 

- release health assessments14 in two additional areas of the northern Gulf of Mexico; analyses of 

photographs from both Mississippi Sound, MS, and Barataria Bay, LA, to assess abundance and 

survival; and genetic analyses of samples previously collected to confirm sex of the dolphin and 

help determine the stock (i.e., coastal or offshore) the dolphin belongs to (information that will 

provide a better understanding of the impacts to the individual and population or subpopulation)15 . 

NOAA claims $3,983,212 for contractors to prepare field studies ($220,800); conduct photo 

surveys ($787,000), health assessments ($561,023), laboratory analyses ($652,164), and genetic 

 

13 The fifth Sea Turtle activity that remains under adjudication is Activity G3: Coastal and Estuarine Cetacean 

Strandings. 14 Health assessment activities include: physical examination, diagnostic ultrasound, and blood and tissue sampling. 

Claim Number: N10036-OC18 

4 of 11 

15 November 19, 2013 email from NPFC to NOAA 
analyses ($96,000); coordinate data review and findings ($1,337,578); and report findings 

($328,647). The claim record identifies the principal investigators and describes their expertise 

related to implementing this assessment activity. 

Activity G2: Coastal/Shelf Dolphins 

NOAA plans to develop a model to assess injury to dolphins in coastal and continental shelf 

waters using data on health and survival from the estuarine dolphin activity (see Activity G1 

above), inhalation risk evaluations (see Activity G5), and abundance estimates from aerial 

surveys done in 2010-2012. NOAA claims $254,002 for contractors to integrate health 

assessment, inhalation, and abundance survey data ($36,000), develop and run the model 

$73,540), coordinate data review and interpretation ($120,000), and report results ($24,462). 

The claim record identifies the principal investigators and describes their expertise related to 

implementing this assessment activity. 

Activity G4: Oceanic Marine Mammals 

NOAA reports that in 2010, marine mammals were observed by helicopter and photographs in 

ocean waters near the Deepwater Horizon spill site. In 2014, NOAA plans to assess injury to 

marine mammals in oceanic waters by integrating health and survival data from the estuarine 

dolphin activity (see Activity G1 above), inhalation risk evaluations (see Activity G5), marine 

mammal abundance surveys16 , and telemetry data17 . NOAA will use the data to model injury to 

oceanic marine mammals in the Gulf of Mexico. 

NOAA claims $363,579 for contractors to integrate health assessment, inhalation, and abundance 

survey data ($17,402), model injury ($197,745) coordinate data review and interpretation 

($120,000), and report results ($28,432). The claim record identifies the principal investigators 

and describes their expertise related to implementing this assessment activity. 

Activity G5: Inhalation 

NOAA has observed marine mammals that may have been injured by oil inhalation during the 

spill18 . In 2012, NOAA conducted a literature review of the toxicity of inhaled oil, collected air 

monitoring data, and modeled the oil compounds that existed near the water surface, which 

indicated potential injury to marine mammals from oil inhalation. In 2013, NOAA conducted 

inhalation risk assessments based on the modeling data from 2012 and marine mammal injury 

threshold levels19 , which indicated that injury to marine mammals from oil inhalation was likely. 

In 2014, NOAA plans to model the impacts of airborne contaminants20 from discharged oil to 

marine mammals to determine the short term health effects and correlate the model results with 

findings from the dolphin health assessments (see Activity G1) to determine long term effects21 . 

 

16 NOAA has measured abundance through shipboard observations and underwater acoustic arrays that detect 

mammals through sound waves. 17 NOAA tracked the movements and behavioral changes of sperm whales in 2010-2012 through satellite tagging. 18 2014 Assessment Plan, page 101 

19 NOAA has reviewed toxicology literature to establish toxicity thresholds for marine mammals.

Claim Number: N10036-OC18 

5 of 11 

20 Airborne contaminants result from volatilization of oil as well as the generation of particulate matter and 

products of incomplete combustion during controlled burns conducted during the response effort 
NOAA claims $439,267 for contractors to model impacts of airborne contaminants using health, 

toxicity, and exposure data ($287,120) and report results ($152,147). The claim record identifies 

the principal investigators and describes their expertise related to implementing this assessment 

activity. 

Determination with respect to the Marine Mammal Assessment Activities 

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

NOAA, the NPFC finds that (1) Activities G1, G2, G4, and G5 described above are appropriate 

procedures under 15 C.F.R. §990.27(b) that are capable of providing valid and reliable 

information to quantify injury and (2) costs claimed for these activities 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 magnitude of potential 

injury. 15 C.F.R. 990.27(c). Therefore, claimed costs of $5,040,060 for these activities are 

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). 

H. Shoreline

The NPFC approved claimed costs for three activities in its February 3, 2014 determination. 

I. Nearshore Sediment and Biota

NOAA is assessing potential injury to the nearshore environment through a combination of 

evaluating sediment and tissue samples to determine the level of contaminants, reviewing oiling 

maps to understand the spatial extent of oiling, and analyzing the potential transfer of 

contaminants to higher trophic levels. 

NOAA claims funds for four activities. Costs for three of the four activities are addressed 

below; the fourth activity and associated claimed costs were withdrawn on January 31, 201422 . 

Activity I1. Characterizing Nearshore Sediment Contamination 

Through this activity, NOAA will validate, analyze, and map the data23 from previously 

collected sediment samples. By understanding the scope and scale of sediment contamination in 

the nearshore area of the Gulf of Mexico, NOAA will be able to document oil pathway and 

exposure to nearshore habitats and biota. The results from this activity will be used as an input 

for Completing Analysis of Nearshore Benthic Injury (see Activity I3 below) 24 and Integration 

of Nearshore Exposure and Injury (see Activity J1 below) 25 . 

 

21 This information will be used to assess injury to estuarine dolphins, coastal/shelf dolphins, and oceanic marine 

mammals, which are all separate activities. 22 Supplemental Collection and Analysis of Nearshore Sediment Data 

23 Data includes PAH concentrations, persistence of oil, and baseline conditions. 

24 2014 Assessment Plan, page 119 

Claim Number: N10036-OC18 

6 of 11 

25 2014 Assessment Plan, page 124 
NOAA claims $726,916 for contractors to validate, analyze, and map sediment samples 

($561,383), coordinate data review ($116,327), and report findings ($49,207). The claim record 

identifies the principal investigators and describes their expertise related to implementing this 

assessment activity. 

Activity I2. Characterizing Nearshore Biota Contamination 

Under this activity, NOAA will validate, analyze, and map the data from previously collected 

biota tissue samples. Throughout the assessment, NOAA has conducted various activities26 that 

involved sampling biota tissues for oil contamination. By understanding the scope and scale of 

biota contamination in the nearshore area of the Gulf of Mexico, NOAA can document oil 

pathway and exposure to nearshore biota and oil pathway for higher trophic level organisms, 

such as sea turtles and marine mammals, which prey upon nearshore biota. The results from this 

activity will be used as an input under Activity J1: Integration of Nearshore Exposure and 

Injury27 , as well as a reference for various other injury categories (e.g., oysters, marine 

mammals, sea turtles). 

NOAA claims $323,565 for contractors to validate, analyze, and map biota tissue samples 

($186,713), coordinate data review ($82,673), and report findings ($54,179). The claim record 

identifies the principal investigators and describes their expertise related to implementing this 

assessment activity. 

Activity I3. Completing Analysis of Nearshore Benthic Injury 

NOAA is quantifying injury to the nearshore benthic region by developing a model to estimate 

the number of lost benthic organisms over multiple years. NOAA is integrating toxicity 

information, sediment contamination data28 , and literature values of species density to construct 

the injury model. The injury results from the activity will then be used as an input for the 

Integration of Nearshore Exposure and Injury (see Activity J1) 29 . 

NOAA claims $330,969 for contractors to validate, analyze, and map benthic samples30

($38,550), develop the injury model ($185,608), coordinate data review ($57,913) and prepare a 

report ($48,898). The claim record identifies the principal investigators and describes their 

expertise related to implementing this assessment activity. 

Activity I4. Supplemental Collection and Analysis of Nearshore Sediment Data 

NOAA withdrew this activity and associated costs from consideration31 . 

 

26 The assessment activities that involved biota tissue sampling include: marsh edge sandy shore sampling plan, 

submerged aquatic vegetation oil exposure plan, marine mammal and turtle prey plan, 2012 oyster intertidal plan, 

oyster sampling plan, oyster transition plan, spring 2011 oyster recruitment plan, and 2012 oyster recruitment 

monitoring plan. 27 2014 Assessment Plan, page 124 

28 Characterizing Nearshore Sediment Contamination 

29 2014 Assessment Plan, page 124 

30 NOAA will pair sediment samples with incident specific toxicity thresholds. 

Claim Number: N10036-OC18 

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31 January 31, 2014 email from NOAA to NPFC 
Determination with respect to the Nearshore Sediment and Biota Activities 

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

NOAA, the NPFC finds that Activities I1, I2, and I3 described above are appropriate procedures 

under 15 C.F.R. §990.27(b) that are capable of providing valid and reliable information to 

quantify injury and (2) costs claimed for these activities 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 magnitude of potential injury. 15 C.F.R. 

990.27(c). Therefore, claimed costs of $1,381,450 for these Activities are 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). 

J. Integration of Nearshore Exposure and Injury 

The nearshore environment is a complex ecosystem that provides benefits to other zones of the 

Gulf of Mexico32 . Oiling of vegetated and beach shorelines creates a pathway for exposure and 

injury to nearshore biota. NOAA will integrate injury findings from all nearshore environments 

and develop a high-level, ecosystem-scale description of injuries. 

Activity J1. Integration of Nearshore Exposure and Injury Activity 

Under this activity, NOAA plans to integrate analysis and results from other injury categories33

to describe pathways, exposure and injury in the nearshore environment including coastal 

wetland vegetation and fauna, beaches, nearshore fish, oysters, gulf sturgeon, nesting turtles, and 

submerged aquatic vegetation (SAV); and to develop final injury quantification34 for the 

nearshore environment, which will inform the appropriate types and scales of restoration projects 

needed to compensate the public for injuries to natural resources. 

NOAA claims $2,361,607 for contractors to analyze and synthesize data ($938,368), to quantify 

final injury, to select inputs for restoration scaling equivalency models ($505,930), to coordinate 

with trustees ($302,391), and to develop the final technical report ($614,918). The claim record 

identifies the principal investigators and describes their expertise related to implementing this 

assessment activity. 

Determination with respect to Integration of Nearshore Exposure and Injury 

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

NOAA, the NPFC finds that the (1) Activity described above is an appropriate procedure under 

15 C.F.R. §990.27(b) that is capable of providing valid and reliable information to quantify 

injury 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 magnitude of potential injury. 15 C.F.R. 990.27(c). 

Therefore, claimed costs of $2,361,607 for this activity are 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. §2711(a)(4). 

 

32 2014 Assessment Plan, page 124 

33 Shoreline, Nearshore, and Oysters 

Claim Number: N10036-OC18 

8 of 11 

34 In the nearshore integration activity, NOAA will pull together injury findings from the nearshore activities to 

construct a combined injury position for the nearshore aquatic environment; and linked to integrated shoreline 

and oyster injury findings using desktop software. 
K. Oysters

NOAA claims funds for four Activities35 , all of which remain under adjudication. 

 

III. OTHER

L. Restoration Planning Activities

Activity L1. Restoration Planning Activity 

NOAA claims funds for one Activity, which remains under adjudication. 

M. Toxicity to Aquatic Organisms

The NPFC approved the costs for one claimed Activity in its February 3, 2014 determination. 

N. Chemistry

NOAA claims funds for one Activity, which remains under adjudication. 

O. Data Management and Visualization 

The NPFC approved the costs for two claimed activities in its February 3, 2014 determination. 

P. Injury Assessment Management and Administration

The NPFC approved the costs for two activities in its February 3, 2014 determination. 

NOAA Labor 

NOAA claims $22,080,56536 for agency labor, travel, supplies, and ship time associated with the 

37 assessment activities claimed. NOAA staff consists of more than one hundred administrative 

support specialists, scientists, restoration specialists, attorneys, and program managers working 

on the natural resource damage assessment. 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 co-trustees, the public, and 

representatives from the RP37 , and the preparation or review of technical materials to support 

public communications and injury assessment. Under this determination, the NPFC approves 

 

35 Continued Monitoring of Subtidal Oyster Injury ($3,514,114), Continued Monitoring of Subtidal Oyster Injury 

($7,493,605), Continued Monitoring and Analysis of Nearshore Oyster Injury ($5,551,672), and Comprehensive 

Integration of Oyster Injury Assessment Elements ($5,098,406) 36 Revised on December 3, 2013 and January 31, 2014. 

Claim Number: N10036-OC18 

9 of 11 

37 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. 
$2,705,85338 in NOAA claimed labor costs associated with the nine39 above-described activities 

determined to be compensable from the Fund. 

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 2014 assessment 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). Therefore, the NPFC finds that $2,705,853 of 

the $22,080,565 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). 

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 its implementing regulations (15 C.F.R. 990 et seq. and 33 C.F.R. §136). Through 

this partial determination, the NPFC offers $12,585,574 to implement nine activities detailed in 

NOAA’s 2014 Assessment Plan; the remaining 12 activities and associated NOAA labor costs 

remain under adjudication, and will be subject to future determinations. 

This offer constitutes full and final payment for the costs associated with the nine activities and 

related NOAA labor costs 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 Natural Resource Damage Assessment 

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 $12,585,574 into NOAA’s Damage Assessment Restoration and 

Revolving Fund Account, which NOAA has demonstrated40 to be a non-appropriated, 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 nine activities of the 2014 Assessment Plan approved in 

this determination. Any funds not spent or appropriately documented shall be returned to the 

Fund. 33 U.S.C. § 2706(f). 

 

38 NOAA identified certain agency costs associated with each assessment activity, which the NPFC used to 

determine the amount compensable for each activity. 

39 Sea Turtle Exposure and Injury Assessment Report; Estuarine Dolphins; Coastal/Shelf Dolphins; Oceanic 

Marine Mammals; Inhalation; Characterizing Nearshore Sediment Contamination; Characterizing Nearshore 

Biota Contamination; Completing Analysis of Benthic Injury; Supplemental Data Collection (withdrawn); and 

Integrate and Interpret Findings Regarding Nearshore Exposure Injury and Prepare Reports 

Claim Number: N10036-OC18 

10 of 11 

40 October 15, 2013 email from NOAA to NPFC 
Claim Number: N10036-OC18 

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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 for the nine activities 

approved in this determination. These annual progress reports should include: 

1. Certification by NOAA that all assessment activities have been conducted in accordance 

with the 2014 Assessment Plan as approved in this determination; 

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 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 – 

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. 

If you have any questions or would like to discuss this partial determination, please contact me 

by phone (703-872-6054) or email at Fredy.e.hernandez@uscg.mil. 

ENCL: (1) Table 1. Summary of Claimed Activities

 (2) Acceptance/ Release Form
Table 1. Summary of Claimed Activities 

Resource Category Claimed Activity Previously 

Approved 

Approved This 

Determination Pending 

A. Offshore Benthic 

Habitat and 

Communities 

Soft Bottom Sediment $6,950,836 

Hard Ground Corals $595,013 

Mesophotic Reefs $5,884,710 

Benthic Megafauna $1,134,409 

B. Bluefin Tuna Bluefin Tuna Spawning Habitat Analyses $692,085 

C. Transport, Fate, 

and Effects 

Modeling 

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

Hydrodynamics Modeling $1,414,703 

Exposure and Injury Modeling and Data Inputs $1,653,583 

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

Documentation of Oil Pathway, Water Column Organisms 

Exposed and Injuries $1,458,851 

E. Sargassum Sargassum Communities $991,010 

F. Sea Turtles 

Sea Turtle Exposure and Injury Assessment $1,096,604 

Strandings: Management, Transport and Storage of Sea Turtles 

and Marine Mammals $2,722,782 

G. Marine Mammals 

Estuarine Dolphins $3,983,212 

Coastal/Shelf Dolphins $254,002 

Coastal and Estuarine Cetacean Strandings $5,444,345 

Oceanic Marine Mammals $363,579 

Inhalation $439,267 

H. Shoreline 

Assessing Recovery of Coastal Wetlands $2,156,617 

Completing Analysis of Coastal Wetland Injury $152,601 

Completing Analysis of Coastal Wetland Erosion $902,850 

I. Nearshore 

Sediment and Biota 

Characterizing Nearshore Sediment Contamination $726,916 

Characterizing Nearshore Biota Contamination $323,565 

Completing Analysis of Nearshore Benthic Injury $330,969 

Supplemental Nearshore Sediment Sampling Withdrawn 

J. Integration of 

Nearshore Exposure 

and Injury 

Integrate and Interpret Findings Regarding Nearshore 

Exposure and Injury and Prepare Reports $2,361,607 

K. Oysters 

Continued Monitoring of Subtidal Oyster Injury (Abundance 

and Biomass) $3,514,114 

Continued Monitoring of Subtidal Oyster Injury (Recruitment) $7,493,605 

Continued Monitoring and Analysis of Nearshore Oyster Injury $5,551,672 

Comprehensive Integration of Oyster Injury Assessment 

Elements $5,098,406 

L. Restoration 

Planning Activities Restoration Planning Activities $9,805,118 

M. Toxicity to 

Aquatic Organisms Toxicity to Aquatic Organisms $8,196,986 

N. Chemistry Contaminant Analytical Chemistry $13,769,500 

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

O. Data 

Management and 

Visualization 

Data Management: Infrastructure $2,811,524 

Data Management: Documentation $977,948 

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

Deepwater Horizon Electronic Content Management and Oil 

Pollution Act Administrative Record Management System $2,900,680 

NOAA Labor $8,400,320 $2,705,853 $10,974,392 

Total $46,390,569 $12,585,574 $78,938,902 
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 

Phone: 

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 $12,585,574 as partial 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 $137,915,045, which includes funding for 37 activities. On February 3, 

2014 the NPFC approved partial payment of this claim in the amount of $46,390,569 to fund 16 

activities outlined in the claim. This offer of $12,585,574, dated February 19, 2014, is a second 

partial payment of Claim Number N10036-OC18 to fund nine additional activities. 

The NOAA accepts the settlement offer of $12,585,574 as full and final compensation for the 

costs to implement the nine assessment activities as described in the February 19, 2014 

determination (N10036-OC18). 

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

account the $12,585,574 awarded in the February 19, 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 $12,585,574 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 February 19, 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 February 19, 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. 

Claim Number: N10036-OC18 

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Claim Number: N10036-OC18 

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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