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 

06 November 2013 

MEMORANDUM

From: Fredy Hernandez 

CLAIMS MANAGER, NPFC

To: Tony Penn 

DEPUTY CHIEF, ASSESSMENT AND RESTORATION DIVISION, NOAA 

Subj: Claim: N10036-OC14 – Deepwater Horizon Oil Spill, 2010/11 Lost Human Use Past 

Assessment Costs 

1. On August 15, 2012, the National Pollution Funds Center (NPFC), received a claim from the 

National Oceanic Atmospheric Administration (N10036-OC14) for costs incurred from July 2010 

through October 2011 to assess lost human use of natural resources following the Deepwater 

Horizon oil spill. The claim, as subsequently revised by NOAA, totaled $3,839,965.85. 

2. The NPFC adjudicated this claim 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 revised claimed amount of $3,839,965.85 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 regarding this determination, please feel free to contact me at 

# 

Enclosures: (1) NPFC determination 

 (2) Acceptance/Release Form 

 
NPFC DETERMINATION 

Claim Number : N10036-OC14 

Claimant: National Oceanic Atmospheric Administration 

Type of Claim: NRDA, 2010/11 Past Assessment Costs 

Claim Manager: Fredy Hernandez 

Amount Requested: $3,839,965.85 

Offer Amount: $3,839,965.85 

Determination Date: 06 November 2013 

Summary of the Incident and Claim 

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

sank, discharging an estimated 210.01 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 OPA claims process. 

Upon notification of the spill, NOAA, along with the Department of the Interior 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 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 on September 9, 2010, the Unified Command reported 

39,885 square miles of Gulf of Mexico federal waters remained closed to fishing5

. The 

trustees identified 13 resource/habitat injury categories, one of which is lost human use of 

natural resources injured by the spill and/or associated with the closures6. Each 

resource/habitat is interconnected with one or more of the others, with the potential for 

adverse impacts to one resource/habitat to reverberate throughout the larger Gulf of 

 

1

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

Oceanic Atmospheric Administration, December 1, 2011. Web. March 13, 2012. 

http://www.gulfspillrestoration.noaa.gov/wp-content/uploads/2011/12/Final-ERP-121311-print-versionupdate.pdf 2

 1.07 million gallons on the surface and 771,000 gallons sub-sea. Deepwater Horizon Incident Joint 

Information Center. 2010. The Ongoing Administration-Wide Response to the Deepwater BP Oil Spill. 

http://www.restorethegulf.gov/release/2010/08/06/ongoing-administrationwide-response-deepwater-bpoil-spill. 3

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

 Federal Register, Vol. 75, No. 190, Pgs. 60800-60802, October 1, 2010: 

http://edocket.access.gpo.gov/2010/pdf/2010-24706.pdf 5

 Unified Command for the BP Oil Spill, “The Ongoing Administration-Wide Response to the Deepwater 

BP Oil Spill,” September 9, 2010: http://www.restorethegulf.gov/release/2010/09/09/ongoingadministration-wide-response-deepwater-bp-oil-spill 6

 Federal Register, Vol. 75, No. 190, Pgs. 60800-60802, October 1, 2010: 

http://edocket.access.gpo.gov/2010/pdf/2010-24706.pdf 
Mexico ecosystem. For the human use component, the interconnected resource/habitat 

categories relate to, and support, direct and indirect human use. 

Potential direct human use losses include disruptions in recreational boating, fishing, 

beach activities, and bird watching, while potential indirect, or non use, losses represent 

the value that people place on the injured natural resource(s), even if they will never use 

it. Both residents and non-residents of Gulf States make more than 150 million 

recreational trips to the Gulf of Mexico each year and in 2009 approximately 23 million 

of these recreational trips were individual fishing trips7,8

. These types of trips were 

affected by beach and fishery closures implemented in response to the spill to protect the 

environment and public health. The trustees’ assessment of natural resource damages 

includes a specific focus on determining the nature and extent of the human use losses, 

including cumulatively, both direct and indirect human uses. 

On August 15, 2012, the NPFC received a claim from NOAA (N10036-OC14) totaling 

$25,809,280.24, the costs incurred from July 2010 through October 2011 to assess human 

use losses resulting from the Deepwater Horizon oil spill. NOAA subsequently revised 

the claim sum certain to $3,846,347.569

, reflecting partial payment from BP recieved 

after the claim was submitted to the NPFC. NOAA again revised the sum certain of their 

claim to $3,839,965.8510,11, reflecting an adjustment to the indirect rate that was applied 

to labor costs and withdrawing the cost for travel that were previously paid by BP. 

This determination presents the NPFC’s analyses and findings with respect to this claim 

and the claim requirements under OPA. 

Jurisdictional Information 

The NPFC first considered whether the claimed damages arose from an incident as 

defined by OPA. 33 U.S.C. §2701 et seq. To be covered, the incident must involve a 

discharge, or a substantial threat of discharge, of oil from a vessel or facility into 

navigable waters of the United States after August 18, 1990. Based on the information 

summarized above, this claim is for natural resource damages resulting from an OPA 

incident. 

 

7

 Natural Resource Damage Assessment, April 2012 Status Update for the Deepwater Horizon Oil Spill, 

(http://www.gulfspillrestoration.noaa.gov/wpcontent/uploads/FINAL_NRDA_StatusUpdate_April2012.pdf) 8

 NOAA National Marine Fisheries Service. 2010. Fisheries of the United States 2009. 

http://www.st.nmfs.noaa.gov/st1/fus/fus09/index.html 9

 January 9, 2013 email from NOAA notifying the NPFC that BP had paid certain claimed costs 

10 July 29, 2013 email from NOAA to NPFC reducing their sum certain from $3,846,347.56 to 

$3,845,530.28 11 September 10, 2013 email from NOAA to NPFC reducing their sum certain from $3,845,530.28 to 

$3,839,965.85 
Claimant Eligibility 

Federal natural resource trustees are designated by the President, pursuant to OPA (33 

U.S.C. §2706 (b)(2)), with responsibility to assess damages to natural resources under 

their trusteeship and develop and implement plans for the restoration, rehabilitation, 

replacement, or acquision of the equivalent of those injured natural resources. 33 U.S.C. 

§§2706(c)(1)(A) and (C). Pursuant to 33 C.F.R. §136.207, natural resource trustees may 

present claims to the Oil Spill Liability Trust Fund (OSLTF or the Fund) for 

uncompensated natural resource damages, which include the reasonable cost of assessing 

those damages. 33 U.S.C. §2706(d)(1)(C). 

This claim for natural resource damage assessment costs was submitted by NOAA. 

NOAA, under the authority of the Secretary of Commerce, is an appropriate federal 

natural resource trustee pursuant to the President’s designation of federal trustees under 

OPA, Executive Order 12777 (56 Fed. Reg. 54757, October 22, 1991), and Subpart G of 

the National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. 

§300.600). 

Claimant's Burden of Proof and Adherence to NRDA Regulations 

Under OPA, trustees bear the burden of proving their entitlement to the amount claimed 

for compensation of natural resource damages. 33 C.F.R. §136.105. Any determination 

or assessment of damages to natural resources for the purposes of OPA by a trustee in 

accordance with the regulations at 15 C.F.R. 990 et seq. has the force and effect of a 

rebuttable presumption on behalf of the trustee in any administrative or judicial 

proceeding under this Act. 33 U.S.C. §2706 (e)(2) and 15 C.F.R. §990.13. 

After reviewing the claim and supporting documents, the NPFC finds that NOAA 

followed 15 C.F.R. 990 et seq in carrying out the work subject to this claim. Specifically, 

they coordinated actions with other trustees to ensure no double recovery of damages12, 

issued a notice of intent to conduct restoration planning13, invited BP to participate in the 

natural resource damage assessment14, prepared a plan that the public was given an 

opportunity to review15, and are maintaining an administrative record that is available for 

public review15.

General Claim Presentment Requirements

Claims to the Fund must be presented in writing to the Director, NPFC, within three 

years after the date on which the injury and its connection with the incident in question 

were reasonably discoverable with the exercise of due care, or within three years from the 

date of completion of the natural resource damage assessment under OPA (33 U.S.C. 

 

12 NOAA’s 2010/11 Lost Human Use Assessment Plan section 2.1 

13 NOAA’s 2010/11 Lost Human Use Assessment Plan exhibit 3 “Notice of Intent to Conduct Restoration 

Planning” 14 NOAA’s 2010/11 Lost Human Use Assessment Plan exhibit 2 “Invitation to Participate in Natural 

Resource Damage Assessment” 15 NOAA’s 2010/11 Lost Human Use Assessment Plan section 3.0 
§2706(e)), whichever is later. 33 U.S.C. §2712(h)(2), 33 C.F.R. §136.101(a)(1)(ii). This 

claim is for costs incurred by NOAA to implement its 2010/11 Lost Use Assessment 

Plan. As of the date of this determination, the lost human use injury has not been 

determined; therefore, the claim was received within the period of limitations for claims. 

The OSLTF is available to pay claims in accordance with section 2713 of OPA, including 

uncompensated damages. 33 USC §2712(a)(4). Damages include natural resource 

damages, which are damages for injury to, destruction of, loss of or loss of use of natural 

resources, including the reasonable costs of assessing those damages. 33 U.S.C. 

§2702(b)(2)(B). Costs shall be determined with respect to plans adopted under 33 U.S.C. 

§2706(c) (1)(C). 33 U.S.C. §2706(d)(2). Plans shall be developed and implemented only 

after adequate public notice, opportunity for a hearing, and consideration of all public 

comment. 33 U.S. §2706(c)(5). Natural resource damage claims presented to the NPFC 

must be based on a plan that the public has had an opportunity to review. 33 U.S.C. 

§2706(c)(5). According to NOAA the plan was published on the NOAA gulf spill 

restoration website16, on June 11, 2012, thereby meeting this requirement.

Claim Presentment to the Responsible Party 

With certain exceptions, claims to the NPFC for damages must be presented first to the 

responsible party (RP). 33 U.S.C. §2713(a). If a claim is presented in accordance with 

§2713(a) and is not settled by payment by any person within 90 days after the date upon 

which the claim was presented, the claimant may elect to commence an action in court or 

present the claim to the OSLTF. 33 U.S.C. §2713(c)(2). 

The claim record indicates that NOAA invited BP to participate in the natural resource 

damage assessment for the Deepwater Horizon oil spill by letter dated September 27, 

2010. Subsequent cooperative efforts between NOAA and BP (or their representatives), 

including meetings and/or correspondence in May and June 2010, resulted in general 

agreement to pursue assessment of potential direct human use losses and disagreement on 

whether and how to pursue potential non use losses and NOAA’s planned total value 

assessment approach17. As a result, NOAA limited coordination with BP with regards to 

total value assessment activities in accordance with 15 C.F.R. §990.1418. 

 

 

16 “Deepwater Horizon NRDA Lost Human Use Assessment Plan Claim for Past Costs” Gulf Spill 

Restoration Publications. National Oceanic Atmospheric Administration, May 3, 2012. Web 

November 6, 2013. 

 <http://www.gulfspillrestoration.noaa.gov/wp-content/uploads/2012/06/Assess-Plan-for-PastCosts_final.pdf> 17 September 21, 2012 letter from NOAA to BP which is supported by BP’s letters (Febuary 8 and August 

3, 2012) agreeing to fund direct use activities (Tasks 1-7) and declining to fund total value activities 

(Tasks 8-12). 18 Section 990.14(c)(4) of the NRD regulations provide that the trustees decide the scope of the RP’s 

participation and, under section 990.14(c)(5)(iii), may consider such factors as “the willingness of 

responsible parties to fund assessment activities”. Under section 990.14(c)(4), the trustees have sole 

authority to make determinations regarding injury and restoration. 
On May 4, 2012, NOAA presented BP with a claim for $25,809,280.24, the costs 

incurred to implement its 2010/11 Lost Human Use Assessment Plan19. The plan, which 

was implemented in the July 2010 - October 2011 period, described potential types of 

human use losses resulting from the spill, NOAA’s methods for assessing direct human 

use losses (Tasks 1-7) and total value of direct and indirect human use losses (Tasks 8-

12), performance standards, assessment team development, management, and support, 

and anticipated deliverables. NOAA’s claim to BP was supported by documentation of 

the actual costs incurred to implement this plan. BP responded to NOAA by letter on 

August 3, 2012, agreeing to fund the direct human use assessment (Tasks 1-7) under 

certain conditions and declining to pay for the total value assessment (Tasks 8-12). 

On August 15, 2012, more than 90 days after presenting its claim to BP for 

$25,809,280.24 to implement its 2010/11 Lost Human Use Assessment Plan, NOAA 

presented this claim to the NPFC20. The NPFC notified BP on September 26, 2012 that 

this claim had been received21. BP responded to the NPFC on January 7, 201322, 

acknowledging that the claim had been presented to the NPFC and stating that BP would 

provide NOAA partial payment of claimed costs. 

Based on the above facts, the NPFC finds that NOAA’s claim to the NPFC for 

reimbursement of past assessment costs to assess lost human use was presented to BP in 

accordance with OPA. 

NPFC Review of Claimed Activity and Costs 

NOAA claims costs incurred to implement it’s 2010/11 Lost Human Use Assessment 

Plan. As originally presented to the NPFC on August 15, 2012, the claim totaled 

$25,809,280.24 for costs incurred to implement the 12 tasks identified in the Plan. Tasks 

1-7 focused on determining the direct human use loss of natural resources injured by the 

spill, while tasks 8-12 focused on determining the total value of lost direct and indirect 

human use. According to NOAA, the direct human use loss and total value loss tasks 

were complimentary, whereby the direct human use assessment tasks were used to inform 

and validate part of the injury scenario for the total value assessment23. 

Upon notification from the NPFC that the claim was received, and following the 90 day 

RP presentment required under 33 U.S.C. §2713(a), BP paid NOAA $21,962,932.68 for 

the costs incurred to implement the direct loss assessment (Tasks 1-7). Accordingly, 

NOAA reduced their claimed amount to $3,846,347.56 and requested the NPFC 

 

19 Letter dated May 4, 2012 from NOAA to BP transmitting their Interim, Partial Claim for Assessment 

Costs (exhibit 6) 20 August 15, 2012 email from NOAA to NPFC 

21 September 26, 2012 RP notification letter from NPFC to BP 

22 January 7, 2013 email from Bea Stong/BP to Jim Hoff/NPFC with an attached letter dated December 

20, 2012 23 March 5, 2012 letter from NOAA to NPFC and phone conversation with Norman Meade (NOAA) on 

December 19, 2012 
adjudicate the remaining uncompensated costs, representing the costs incurred to 

implement the total value assessment (Tasks 8-12)24. 

As described in NOAA’s 2010/11 Lost Human Use Assessment Plan, Tasks 8-12 

involved determining the total value loss of direct and indirect human use of natural 

resources injured by the spill. Specific tasks involved investigating possible approaches 

for estimating total value losses, including stated preference methods25, conducting 

background studies on economic activity related to total value, and initiating the 

preferred assessment approach26. 

NOAA funded Tasks 8-12 of NOAA’s Lost Human Use Assessment Plan and the 

associated costs, which included costs for consultants/contractors and NOAA staff labor 

and travel; these costs are unreimbursed. NOAA documented these cost through contract 

invoices, employee labor summaries, and employee travel vouchers. 

After reviewing the cost documentation that NOAA provided to support this claim, the 

NPFC requested additional information specific to: (1) the rationale for paying both 

rental car and taxi costs for Norman Meade’s travel on August 23, 2011, (2) purpose of 

travel for NOAA employees and contractors, (3) the rationale for paying over the 

approved GSA per diem lodging rate for travel on June 12-13, 2011, and (4) proof that 

contractor invoices were paid. On August 29, 2013 and September 10, 2013, NOAA 

responded by (1) stating that travel for Norman Meade on August 23, 2011 was for two 

separate cases27 where taxi and rental car were needed and NOAA only claimed a portion 

of the total costs for the trip associated with Deepwater Horizon, (2) providing the 

purpose of travel and removing one travel voucher because this trip was related to the 

direct lost use assessment and BP had reimbursed NOAA for the travel, (3) stating that 

lodging rates appeared to be higher than approved amounts because they included taxes, 

but all rates are within the approved amounts per GSA schedule, and (4) providing proof 

of payment for contract invoices. 

NPFC also requested additional information from NOAA about the indirect rate that 

NOAA applied to their labor costs 28. In response, NOAA acknowledge that the wrong 

indirect rate of 125.88% was applied. NOAA further applied the correct indirect rate of 

113.03% to the labor costs, reducing the claim sum certain to $3,839,965.8529. 

The NPFC next considered the appropriateness of NOAA’s assessment procedures and, 

in particular BP’s objections to the use of survey-based techniques to determine the total 

value of the loss. Survey-based valuation methods, however, are permitted for use in 

damage assessments under both the CERCLA (43 C.F.R Part §11.83(c)(2)(vii)) and OPA 

Natural Resource Damage Assessment Regulations (15 C.F.R. §990.27). The regulations 

 

24 January 9, 2013 email from NOAA to NPFC 

25 Stated preference methods may include conjoint analyses, contingent valuation and stated choice 

techniques. 26 Attachment to August 29, 2013 email from Tony Penn (NOAA) to Fredy Hernandez (NPFC). 

27 Portland Harbor and Deepwater Horizon 28 September 9, 2013 phone conversation with Tony Penn (NOAA) and Fredy Hernandez (NPFC) 

29 September 10, 2013 email from Tony Penn (NOAA) to Fredy Hernandez (NPFC) 
further allow trustees to estimate the value of lost services where the trustees determine 

that such an approach is practicable and neither resource-to-resource nor service-toservice approaches are appropriate. 15 C.F.R. §990.53(d)(3). Section 3.2 of NOAA’s 

2010/11 Lost Human Use Assessment Plan specifically addresses this requirement, 

stating that the trustees considered alternate resource-to-resource and service-to-service 

approaches, but determined that addressing the public’s lost use/non use values through 

replacement projects without an explicit measure of value was not appropriate given the 

size of the spill and potential magnitude of passive use losses30. NOAA’s 2010/11 Lost 

Human Use Assessment Plan also addresses how the proposed total value assessment 

complies with the standards for use of assessment procedures. Specifically, section 3.0 of 

NOAA’s plan states that the trustees considered the criteria set forth in 15 C.F.R. §990.27 

and determined that the unprecedented geographic scale and complexity of the spill 

warrants a combination of assessment procedures that are more complex, but offer 

reliable and valid information relevant to the type and scale of restoration necessary for 

the level of potential injury31. 

NPFC is also aware of BP’s concern that NOAA’s proposed assessment of non use losses 

is not appropriate32. However, natural resource damages under both CERCLA and OPA 

regulations include the loss of non use of natural resources33, which have been validated 

by the courts34. 

 

BP also expressed concern that NOAA’s proposed use of stated preference methods is 

premature and may provide survey respondents with inaccurate and incomplete 

information about the injury and its recovery. NOAA is seeking reimbursement for work 

to investigate possible approaches for estimating total value losses, including stated 

preference methods, conduct background studies on economic activity related to total 

value, and initiate the preferred assessment approach and feasibility of restoration actions 

as permitted under 15 C.F.R. §990.42. NOAA states that preliminary survey work 

suggests potentially significant total value losses on the order of billions of dollars 35 and 

that it is scientifically feasible to estimate the magnitude of the lost total value at a 

reasonable cost36. NOAA further states that it will not implement the final total value 

 

30 NOAA’s 2010/11 Lost Human Use Assessment Plan section 3.2 

31 NOAA Plan section 3.0 LOST HUMAN USE ASSESSMENT PLAN 

32 February 8, 2012 and August 3, 2012 letters from BP to NOAA responding to NOAA’s request for 

funding 33 CERCLA 43 C.F.R Part §11.81 and OPA 15 C.F.R. §990.27 

34 State of Ohio v. U.S. Department of the Interior, 880 F. 2d 432, 475 (C.A.D.C. 1989). (When the 

injured resource is traded in a market, the lost use value is the diminution in market price. When that is 

not precisely the case, but similar resources are traded in a market, an appraisal technique may be used 

to determine damages. When, however neither of these situations obtains the market value, nonmarket 

resource methodologies are available. One of these is contingent valuation. See also General Electric 

Co. v . Department of Commerce, 128 F.3d 767, 772 (C.A.D.C. 1997) (the court gave the trustees 

discretion to use contingent valuation so long as the technique produced valid and reliable results for the 

particular incident). 35 August 29, 2013 email from NOAA to NPFC 

36 July 29, 2013 email from Tony Penn (NOAA) to Fredy Hernandez (NPFC) 
survey until late 2013/early 2014, when NOAA expects the results of the natural resource 

damage assessments to be sufficient and appropriate for inclusion in the surveys37. 

After reviewing the claim and BP’s objections, the NPFC has determined that (1) 

proposed survey-based valuation methods are in accordance with the regulations (see 15 

C.F.R. §§990.27 and 990.53), and (2) claimed assessment costs have been sufficiently 

documented, and are reasonable, and appropriate given the spill size and potential for 

injury. 33 U.S.C. §2706(d)(1)(C), 33 C.F.R. §136.211(a). 

Revolving Trust Fund 

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 by 

the trustees in a non-appropriated revolving trust account for use only to reimburse or pay 

costs incurred by NOAA under 33 U.S.C. §2706(c) with respect to the damaged natural 

resources. For this claim, the NPFC will deposit $3,839,965.85 into NOAA’s Damage 

Assessment Restoration and Revolving Fund Account, which NOAA has demonstrated38

to be a non-appropriated, revolving trust fund, to be used only to reimburse costs incurred 

by NOAA to implement Tasks 8-12 of its 2010/11 Lost Human Use Assessment Plan. 

Conclusion 

The NPFC has reviewed the claim submitted by NOAA for 2010/11 costs incurred to 

assess lost human use of natural resource resulting from 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. Part 136). We have determined that the claimed costs 

totaling $3,839,965.85 based on NOAA’s 2010/2011 Lost Human Use Assessment Plan 

are reasonable and appropriate, were properly presented to the RP, and were 

appropriately documented; therefore, they are compensable. This offer constitutes full 

and final payment for costs associated with this damage assessment plan. 

 

 

37 December 12, 2012 email from Tony Penn (NOAA) to Fredy Hernandez (NPFC) 38 October 15, 2013 email from NOAA to NPFC 
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-OC14 Claimant Name: National Oceanic Atmospheric Administration 

 

NOAA, the undersigned, accepts the determination of $3,839,965.85 as compensation for the 

claim listed above. 

On August 15, 2012, NOAA presented a claim to the Oil Spill Liability Trust Fund (OSLTF or 

the Fund) in the total amount of $25,809,280.24 for past costs to assess lost human use of natural 

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

leased by BP (the Deepwater Horizon incident). NOAA subsequently reduced the sum certain to 

$3,839,965.85. 

The NOAA accepts the settlement offer of $3,839,965.85 as full compensation for the cost to 

assess lost human use damages as described in the November 6, 2013 determination (N10036-

OC14). 

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

the amounts awarded in the November 6, 2013 determination. 

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 $3,839,965.85 payable and paid from the Fund for Claim Number 

N10036-OC14. NOAA authorizes the United 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 

November 6, 2013 determination. 

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 for costs that are the subject of the 

claim against the OSLTF 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. 
NOAA certifies that to the best of its knowledge and belief the information contained in this 

claim represents all material facts and is true, and 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