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 

16480 

July 5, 2012 

Tony Penn 

NOAA Office of Response and Restoration 

SMC4, RM. 10317 

1305 East West Highway 

Silver Spring, MD 20910

Re: Claim Number N10036-OC08 - Deepwater Horizon Oil Spill Assessment 

Dear Mr. Penn: 

The National Pollution Funds Center (NPFC) has completed its review of the claim 

presented to the Oil Spill Liability Trust Fund (the Fund or the OSLTF) by the National 

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

resources injuries resulting from the Deepwater Horizon oil spill (Claim Number 

N10036-OC08). The claim totals $105,972,308, representing $105,494,062 to implement 

39 assessment activities and $478,246 for contingency. We have determined that 

$19,428,049 of claimed costs to implement 27 activities is compensable at this time; the 

remaining $86,544,259 claimed for 12 activities, is still under adjudication. This partial 

determination was made in accordance with the Oil Pollution Act (OPA) and the OPA 

claims regulations. 33 U.S.C. §2701 et seq.; 33 C.F.R. Part 136. The basis of our 

determination follows. 

Summary of the Incident and Claim 

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

sank, discharging an estimated 210 million gallons of oil into the Gulf of Mexico over a 

period of approximately three months1

. In addition, approximately 771,000 gallons of 

dispersants were applied to the waters of the spill area to minimize impacts from the oil2. 

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 

as the responsible party (RP) and advertised its OPA claims process. 

Following 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 

 

1

 http://www.gpo.gov/fdsys/pkg/FR-2012-04-20/pdf/2012-9581.pdf 2

 http://www.gpo.gov/fdsys/pkg/FR-2012-04-20/pdf/2012-9581.pdf

Claim Number: N10036-OC08 

1 of 33 

3

 Louisiana, Mississippi, Alabama, Florida, and Texas 
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

; the Unified Command reported 39,885 square miles of Gulf of 

Mexico federal waters remained closed to fishing5

; and NOAA identified natural 

resources at risk to include fish, marine mammals, sea turtles, oysters and associated 

habitats. The trustees continue to work together to develop plans to determine the nature 

and extent of these losses. 

As required by the OPA NRD regulations (15 C.F.R. §990.14), the trustees have invited 

the RP to participate in the natural resource damage assessment. Trustee-RP technical 

working groups were formed to discuss and coordinate data collection and analyses 

needed to assess injury. As part of this arrangement, the trustees provided BP with work 

plans and requests for advanced funding. The trustees and BP worked cooperatively to 

finalize and sign work plans for which BP would provide funding for trustee data 

collection and assessment efforts from the time of the spill until late 2011. 

On March 23, 2012, NOAA presented a claim to the NPFC for costs to continue 

assessment of potential injuries to aquatic resources and plan appropriate restoration of 

those injuries. The claim describes 41 assessment activities with a total cost of 

$115,952,207. Nearly all of these activities involve continuation of assessment efforts 

initiated, or analyses of samples collected, with BP funds under the previously 

established cooperative assessment. 

The NPFC conducted its initial review of the claim and, on March 30, 2012 and April 18, 

2012, requested additional information about the claimed assessment activities. NOAA 

responded to these requests on April 11, 2012 and May 25, 2012. On June 5, 2012 

NOAA reduced their sum certain from $115,952,207 to $105,972,308, withdrawing two 

of the 41 initially claimed activities and reducing the claimed amount of one activity6

. 

This determination presents the NPFC’s findings with respect to 27 of the 39 activities in 

the revised claim. The NPFC is issuing this partial determination for the activities that 

we have completed adjudication, while we continue our adjudication of the remaining 

portions (activities) of the claim. 

 

4

 Federal Register, Vol. 75, No. 190, Pgs. 60800-60802, October 1, 2012: 

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

Claim Number: N10036-OC08 

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6

 Letter from NOAA to the NPFC dated June 5, 2012 withdrawing two activities (oyster resource mapping 

and neritic sea turtle injury assessment) and reducing the claimed amount for the injury assessment 

management and administration activity. 
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 of oil 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 

provided by NOAA in its claim, and the President’s April 29, 2010 designation of this 

incident as a spill of national significance, the NPFC finds that this claim is for natural 

resource damages resulting from an OPA incident. 

Claimant Eligibility 

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

U.S.C. §2706 (b)), 33 U.S.C. §2706(b)(2). Federal trustees designated under this section 

shall assess natural resource damages for natural resources under their trusteeship (33 

U.S.C. §2706(c)(A) and 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 C.F.R. §136.207. 

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 trustees 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). 

General Claim Presentment Requirements

Claims to the OSLTF 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. 

§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 associated with the development of a damage assessment plan to 

determine the nature and extent of damages to natural resources resulting from the 

incident. The assessment was not complete when the claim was received on March 23, 

2012; therefore, the claim was received within the period of limitations for claims. 

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). On March 1, 2012, 

NOAA published its plan to assess and plan restoration of injuries on the NOAA Gulf 

Spill Restoration webpage7

, thereby meeting this requirement. 

 

Claim Number: N10036-OC08 

3 of 33 

7

 http://www.gulfspillrestoration.noaa.gov/wpcontent/uploads/2012/02/NPFC_Claim_FINALweb_030112.pdf 
Claim Presentment to the Responsible Party 

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

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

claim is not settled by any person by payment 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). 

NOAA presented its assessment plan and claim for implementation costs to BP, 

Transocean, MOEX, and Anadarko, hereinafter referred to as the RPs, on December 23, 

20118

. The plan identified potential injuries to natural resources resulting from the 

incident, a general approach to assess those injuries, cost estimates for “NOAA Staff” 

and “Travel”, and “contracts and consultants” by quarter for each activity with a total 

sum certain of $115,952,207. 

On March 23, 2012, more than 90 days after providing its assessment plan and claim for 

implementation costs to the RP’s, NOAA presented a claim for $115,957,207 to the 

NPFC, representing the costs to implement its assessment plan. The NPFC evaluated the 

appropriateness and reasonableness of costs, and presentment requirements for each 

assessment activity to confirm that the RP was presented with appropriate descriptions 

and justifications of the need for the assessment activities and associated costs. Our 

activity-specific findings are listed under the section titled “NPFC Review of Claim and 

Associated Costs”. 

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. Part 990 shall have 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. Trustee 

determinations made in accordance with 15 C.F.R. 990 et seq. are initially presumed 

correct, but the presumption of correctness may be rebutted if the rebuttal evidence is of 

sufficient weight. 

After careful review of the claim and supporting documents, the NPFC finds that NOAA 

followed 15 C.F.R. 990 et seq. Specifically, they coordinated actions with other trustees 

to ensure no double recovery of damages, issued a notice of intent to conduct restoration 

planning, prepared a plan that was reviewed by the public, and are maintaining an 

administrative record that is available for public review. 

 

Claim Number: N10036-OC08 

4 of 33 

8

 Letter dated December 23, 2011 from NOAA to the RP’s transmitting their Interim, Partial Claim for 

Assessment Costs 
NPFC Review of Claim and Associated Costs 

NOAA’s assessment plan and claim to the NPFC, as revised on June 5, 2012, includes 39 

assessment activities with a total implementation cost of $105,972,308. This section 

presents the NPFC findings for 27 of the claimed activities. 

Activity 1. Deep sea soft bottom sediment

Through a cooperative assessment, BP funded efforts to collect deep sea soft bottom 

sediments9

. This claimed assessment activity involves analyzing these samples to 

determine the level of contamination from exposure to oil, dispersants, and drilling muds, 

as well as the abundance and condition of associated fauna. Samples will be analyzed for 

hydrocarbons and other toxic substances, such as barium (from drilling muds), with 

specialized analyses of low volume samples collected in sediment traps. Enumeration of 

sediment samples will provide information on community composition. Results will be 

used to determine the nature and extent of potential exposure and injury to soft bottom 

habitat and organisms10. 

NOAA claims $3,153,501 for contract costs associated with this activity. Analyses of 

low volume samples and enumeration of fauna is labor intensive and will require seven 

full time scientists, statisticians, deep sea chemists, data analysts, and technical writers. 

Laboratory analysis will take place at Texas A&M University, University of NevadaReno, and United States Geological Survey Gainesville. 

Upon review of the claimed activity, the NPFC requested further information about the 

claimed costs for specialized hydrocarbon analyses of low volume samples and 

appropriateness of assessing potential injury resulting from drilling muds11. NOAA 

responded that drilling muds were used during the “top kill” response effort to stop the 

release of oil, and specialized hydrocarbon analyses are necessary to analyze small 

volume samples. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP previously funded sample collection, and NOAA states that BP participated 

in technical workgroup meetings where work plans were discussed and reviewed. On 

December 23, 2011, NOAA provided BP with a claim that included $3,153,501 to 

analyze previously collected samples. The claim and work plans12 provided BP with 

justification of the need for assessment and description of the claimed activity, including 

how the data will be used to determine potential injury, timeframe for the assessment, and 

level of effort/costs. BP did not respond to NOAA’s presentment of $3,153,501 for this 

 

9

 http://www.gulfspillrestoration.noaa.gov/wpcontent/uploads/2011/05/2011_04_07_DEEPWATERBENTHIC_Softbottom_Sediment_la-4-6-2-

11.redacted2.pdf 10 Letter from NOAA to the NPFC dated April 11, 2012 

11 Letter dated March 30, 2012 from NPFC to NOAA requesting additional information 

Claim Number: N10036-OC08 

5 of 33 

12 Work plans provided to BP through the technical working groups during the preassessment phase in 2010 

and 2011 
activity. Thus, this claim was not settled within 90 days, allowing presentment to the 

Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure, scale and complexity of the incident, and 

magnitude of potential injury, (2) the costs claimed are reasonable for the level of effort 

proposed, and (3) this claim was presented to BP and the Fund. The NPFC therefore 

finds claimed costs of $3,153,501 are compensable from the Fund. 33 U.S.C. §2706 

(d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. §2713(a), 33 U.S.C. §2713(c)(2). 

Activity 2. Deep sea hard ground corals

Through preassessment data collected with remotely operated vehicles, NOAA has video 

documentation of deep sea hard ground corals exposed to oil. NOAA has further 

evidence from coral tissue samples linking this exposure to the Deepwater Horizon 

incident13. 

This claimed assessment activity involves analyzing photographic images to determine 

species composition, spatial extent, and health of deep sea corals and evaluating coral 

tissue samples for hydrocarbons. This information will be used with results from the 

transport, fate, and effects modeling activity to help determine the nature, degree and 

spatial extent of the injury. 

NOAA claims $822,500 for contract costs to digitize and evaluate photographs, analyze 

tissue samples for hydrocarbons, and produce reports on potential injury, all of the 

claimed costs are for analyses of data previously collected with funding from BP. 

Upon review of the claimed activity, the NPFC requested further information about the 

claimed costs for analyzing photographic images and how such analyses will be used to 

determine potential injury14. NOAA responded that photographic images will be 

evaluated and compared to images from reference sites to determine the existence of 

injury and time-series imagery will show the progression of injury over time13. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP previously funded preassessment data collection efforts and NOAA states 

that BP participated in regular technical working group conference calls where details of 

this activity were discussed and draft work plans were reviewed. On December 23, 2011, 

NOAA provided BP with a claim that included $822,500 to analyze preassessment data 

collected with BP funding. The claim, work plans15, and additional communications 

provided BP with justification of the need for assessment and description of the claimed 

activity, including how the data will be used to determine potential injury, timeframe for 

the assessment, and level of effort/costs. BP did not respond to NOAA’s presentment of 

 

13 Letter from NOAA to the NPFC dated April 11, 2012 

14 Letter dated March 30, 2012 from NPFC to NOAA requesting additional information 

Claim Number: N10036-OC08 

6 of 33 

15 Work plans provided to BP through the technical working groups during the preassessment phase in 2010 

and 2011 
$822,500 for this activity. Thus, the claim for this activity was not settled within 90 days, 

allowing presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure, scale and complexity of the incident, and 

magnitude of potential injury, (2) the costs claimed are reasonable for the level of effort 

proposed, and (3) this claim was presented to BP and the Fund. The NPFC therefore 

finds claimed cost of $822,500 is compensable. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. 

§136.211, 33 U.S.C. §2713(a), 33 U.S.C. §2713(c)(2). 

Activity 3. Mesophotic reefs

NOAA’s preassessment studies found Deepwater Horizon oil in coral tissue samples 

taken from deep water, low light reefs (i.e., mesophotic reefs) as well as associated 

sediments and fish. In addition, NOAA has documented a decrease in abundance in fish 

at two mesophotic reef sites where the presence of oil was confirmed16. 

NOAA plans to evaluate video images collected during the preassessment phase, with 

funding from BP, and compare these to historic images to determine potential adverse 

effects to resident reef-dwelling fish and corals. 

NOAA claims $102,000 for this activity, which includes contract costs to determine fish 

abundance by evaluating 180 videos, 3,000 time lapse photos, and over 10,000 still 

images collected during the preassessment efforts. Contractors will also interpret data 

and draft reports. 

Upon review of the claimed activity, the NPFC requested additional information on how 

NOAA will determine that any observed changes to the health of mesophotic reefs and 

associated fish were caused by this incident oil and not other known factors17. NOAA 

responded that they will incorporate pre-spill and reference site information into the 

injury quantification to determine injuries resulting from Deepwater Horizon oil vs. those 

caused by Gulf-wide factors (such as over-fishing, hurricane events, temperature shifts, 

etc.). 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP previously funded preassessment data collection efforts and NOAA states 

that BP participated in weekly technical working group conference calls where the 

assessment activities and associated workplans were discussed. On December 23, 2011, 

NOAA presented BP with a claim that included $102,000 to evaluate previously 

collected video images of mesophotic reefs. The claim, work plans18, and additional 

communications provided BP with justification of the need for assessment and 

description of the claimed activity, including how the data will be used to determine 

 

16 Letter from NOAA to the NPFC dated April 11, 2012 

17 Such as weather events, over fishing, sedimentation, freshwater intrusion, and coral disease 

Claim Number: N10036-OC08 

7 of 33 

18 Work plans provided to BP through the technical working groups during the preassessment phase in 2010 

and 2011 
potential injury, timeframe for the assessment, and level of effort/costs. BP did not 

respond to NOAA’s presentment of $102,000 for this activity to analyze this data. Thus, 

the claim for this activity was not settled within 90 days, allowing presentment to the 

Fund as uncompensated damages.

Based on the above, the NPFC finds that: (1) the assessment activity is appropriate for the 

spill given evidence of exposure, potential for injury, and the scale and complexity of the 

incident, (2) the costs claimed are reasonable for the level of effort proposed, and (3) this 

claim was presented to BP and the Fund. The NPFC therefore finds claimed costs of 

$102,000 are compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. 

§136.211, 33 U.S.C. §2713(a), 33 U.S.C. §2713(c)(2). 

Activity 4. Satellite telemetry with bluefin tuna and sperm whales

NOAA has satellite telemetry data indicating bluefin tuna spawning in oiled areas, which 

exposed adults, eggs, and larvae to Deepwater Horizon oil19. Sperm whales were also 

potentially exposed to oil and dispersants by swimming through the water column, 

passing oil contaminated water though their respiratory system, and ingesting oil 

contaminated water as part of feeding. 

NOAA claims $472,500 to compile telemetry data to allow for analyses of tagged animal 

movements, comparison to historical data, and assessment of injury determined as 

observed changes in site fidelity, movement patterns, and spawning areas. Claimed costs 

include contracts with experts at Stanford and Oregon State Universities to compare post 

and pre-spill behaviors, draft reports that summarize statistical comparisons, and produce 

histograms that provide dive information for whales. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP previously funded the tagging of bluefin tuna and whales, and the costs 

claimed are to analyze and interpret the data. NOAA states that they have provided BP 

with work plans, as well as citations from peer-reviewed literature that describes 

telemetry studies similar to what NOAA is proposing. On December 23, 2011, NOAA 

provided BP with a claim that included $472,500 to analyze satellite telemetry data for 

bluefin tuna and sperm whales. The claim and work plans20 provided BP with 

justification of the need for assessment and description of the claimed activity, including 

how the data will be used to determine potential injury, timeframe for the assessment, and 

level of effort/costs. BP did not respond to NOAA’s presentment of $472,500 for this 

activity to analyze the telemetry data. Thus, the claim for this activity was not settled 

within 90 days, allowing presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure, potential for injury, and the scale and complexity 

of the incident, (2) the costs claimed are reasonable for the level of effort proposed, and 

 

19 Letter from NOAA to the NPFC dated April 11, 2012 

Claim Number: N10036-OC08 

8 of 33 

20 Work plans provided to BP through the technical working groups during the preassessment phase in 2010 

and 2011 
(3) this claim was presented to BP and the Fund. The NPFC therefore finds claimed 

costs of $472,500 are compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. 

§136.211, 33 U.S.C. §2713(a), 33 U.S.C. §2713(c)(2). 

Activity 5. Transport, fate, and effects modeling

An estimated 210 million gallons of oil21 spilled into the Gulf of Mexico and 

approximately 771,000 gallons of dispersants were applied to the waters of the spill area 

to minimize impacts from the oil22. Oil and dispersants contain PAHs that are toxic to 

biota in the water column. The trustees have considerable data showing PAH levels 

during the response were above literature based thresholds for injury23. 

The proposed assessment activity involves modeling the volume and extent of water 

contaminated by PAHs and dispersant chemicals and corresponding level of injury 

resulting from exposure based on species composition and abundance expected within 

that volume of water, and toxicity thresholds and corresponding level of injury. NOAA 

claims $3,446,000 for this activity which includes contract costs to conduct literature 

reviews, hydrodynamic and toxicity modeling, compilation of baseline data, statistical 

evaluation, review of data sets from other studies, and draft reports. 

The NPFC requested additional information on the model that will be used to assess 

injury and evidence of where/how the model had been used in the past to assess natural 

resource injuries resulting from oil spills24. NOAA responded stating that “no off-theshelf modeling package is sufficient25.” Therefore, NOAA will need to evaluate and use 

various models due to the extended duration, volume of oil, depth of release, and 

unprecedented application of dispersants. One model being considered and evaluated is 

the SIMAP model, which has been validated and used in more than 20 cases. 

The claim record indicates that this claimed activity and associated cost was presented to 

the RP. BP funded 46 work plans provided by NOAA that describe the work to collect 

samples and data from the water column, pelagic fish data, ocean data, baseline, and 

other relevant data. On December 23, 2011, NOAA provided BP with a claim that 

included $3,446,000 for this activity. The claim and work plans provided BP with 

justification of the need for assessment and description of the claimed activity, including 

how the data will be used to determine potential injury, timeframe for the assessment, and 

level of effort/costs. BP did not respond to NOAA’s presentment of $3,446,000 for this 

activity. Thus, the claim for this activity was not settled within 90 days, allowing 

presentment to the Fund as uncompensated damages. 

 

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

Oceanic Atmospheric Administration, 1 Dec. 2011. Web. 13 Mar. 2012 

<http://www.gulfspillrestoration.noaa.gov/wp-content/uploads/2011/12/Final-ERP-121311-print-versionupdate.pdf> 22 http://www.gpo.gov/fdsys/pkg/FR-2012-04-20/pdf/2012-9581.pdf 23 Letter from NOAA to the NPFC dated April 11, 2012 

24 Letter dated March 30, 2012 from NPFC to NOAA requesting additional information 

Claim Number: N10036-OC08 

9 of 33 

25 Letter from NOAA to the NPFC dated April 11, 2012 
Based on the above, the NPFC finds that: (1) the assessment activity is appropriate for the 

spill given evidence of exposure, the scale and complexity of the incident, and magnitude 

of potential injury, (2) the costs claimed are reasonable for the level of effort proposed, 

and (3) this claim was presented to BP and the Fund. The NPFC therefore finds claimed 

costs of $3,446,000 are compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 

C.F.R. §136.211, 33 U.S.C. §2713(a), 33 U.S.C. §2713(c)(2). 

Activity 6. Sargassum communities

Sargassum seaweed communities provide habitat for a wide variety of marine animals, 

including young sea turtles. Sargassum accumulates in convergence zones, where oil 

also tends to concentrate. During field investigations in 2010 and 2011, NOAA 

documented oil in free-floating Sargassum mats, potentially exposing animals within 

those mats to oil26. 

Through this activity, NOAA will use previously collected aerial observation data to 

map Sargassum communities. This information will then be analyzed with maps of 

surface oil location and concentration to characterize exposure and potential injury to 

Sargassum communities resulting from Deepwater Horizon oil. 

NOAA claims $636,000 for contract costs to analyze aerial survey data and produce 

Sargassum distribution maps that will be used to document potential exposure and 

pathway of injury. 

After reviewing the claim, the NPFC asked NOAA to explain what appeared to be two 

independent efforts to map Sargassum (see activity 7, below). NOAA responded that this 

activity will produce maps from field data, while the second activity will produce maps 

that relate oiled Sargassum to oceanic sea turtles. 

The claim record indicates that this claimed activity and associated cost was presented to 

the RP. NOAA states that BP participated in the development and funding of five work 

plans associated with data collection for this activity and that they coordinated with BP 

on sample prioritization analysis and allowed BP to have input on sample handling, 

processing, and data sharing. On December 23, 2011, NOAA provided BP with a claim 

that included $636,000 for data analyses as described by this activity. The claim, work 

plans27, and additional communications provided BP with justification of the need for 

assessment and description of the claimed activity, including how the data will be used to 

determine potential injury, timeframe for the assessment, and level of effort/costs. BP 

did not respond to NOAA’s December 23, 2011 claim for this activity. Thus, the claim 

for this activity was not settled within 90 days, allowing presentment to the Fund as 

uncompensated damages. 

 

26 Letter from NOAA to the NPFC dated April 11, 2012 

Claim Number: N10036-OC08 

10 of 33 

27 Work plans provided to BP through the technical working groups during the preassessment phase in 2010 

and 2011 
Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, 

magnitude of potential injury, (2) the costs claimed are reasonable for the level of effort 

proposed, and (3) this claim was presented to BP and the Fund. The NPFC therefore 

finds claimed costs of $636,000 are compensable from the Fund. 33 U.S.C. §2713(a), 33 

U.S.C. §2713(c)(2). 

Activity 7. Oceanic sea turtle injuries associated with Sargassum

During the preassessment phase NOAA and the co-trustees rescued over 450 oiled sea 

turtles in Sargassum communities. 

This second claimed activity involving Sargassum and sea turtles seeks to relate 

Sargassum distribution (as mapped under activity 7) with sea turtle distribution maps to 

document the potential exposure and injury of young sea turtles through contaminated 

Sargassum habitat and complete analysis of field samples collected to inform condition 

of sea turtles. NOAA claims $66,750 to contract experts in mapping, species 

classification and identification, and statistics to analyze and interpret field data collected. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP was signatory to, and funded, three works plans that described efforts to 

collect relevant field data that this claimed activity seeks to analyze. On December 23, 

2011, NOAA provided BP with a claim that included $66,750 for this data analyses. The 

claim and work plans28 provided BP with justification of the need for assessment and 

description of the claimed activity, including how the data will be used to determine 

potential injury, timeframe for the assessment, and level of effort/costs. BP did not 

respond to NOAA’s presentment of $66,750 for this activity. Thus, the claim for this 

activity was not settled within 90 days, allowing presentment to the Fund as 

uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $66,750 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activities 8-12. Oysters

NOAA’s March 23, 2012 claim to the NPFC included six activities to assess potential 

oyster injuries in state waters of Louisiana. NOAA subsequently withdrew one of the 

claimed activities on June 5, 2012. Accordingly, the revised claim before the NPFC 

includes five oyster assessment activities, four of which are included in this 

determination and the other remains under adjudication. 

 

Claim Number: N10036-OC08 

11 of 33 

28 Work plans provided to BP through the technical working groups during the preassessment phase in 2010 

and 2011 
The five claimed assessment activities seek to measure oyster recruitment, reproduction, 

biomass, and abundance condition. The claim states that samples will be collected, 

assessed, and compared from oiled and unoiled areas, as well as areas “with low salinities 

because of the openings of the freshwater diversion structures in 2010 and the Bonnet 

Carré and Morganza spillways in 201129.” 

Under OPA, the OSLTF is only available for damages caused by the release (or threat of 

release) of oil, or actions taken in accordance with OPA and the National Contingency 

Plan (NCP) in response to the release (or threat of release) of oil. During adjudication of 

this claim, the NPFC requested that NOAA provide documentation to support a 

determination that openings of freshwater diversion structures were an approved response 

action in accordance with OPA and the NCP. NOAA responded that: 

“The consideration of the effect of low salinities on oysters is scientifically integral to 

the investigation of injuries to oysters and oyster habitats from the Oil Spill, 

regardless of whether those low salinities resulted from response action diversions, 

non-response related spillway openings, or other sources. The work plans NOAA and 

the co-trustees implemented in 2010 were and continue to be in areas and regions 

where oysters were potentially exposed to oil and/or dispersants. The injury studies 

undertaken were designed to identify injuries to oysters in these areas and to discern 

the reasons for these injuries, whether from exposure to oil, dispersants or other 

conditions (such as low salinities). The injury studies undertaken are, therefore, 

scientifically appropriate in scope. There are no costs included in NOAA’s Claim 

that are solely or uniquely attributable to identifying injuries from the opening of the 

diversions in 2010 per se.” 

After reviewing NOAA’s response, the NPFC confirmed that all oyster sampling will 

occur in areas exposed to oil30. 

The NPFC notes that NOAA’s response states that the five claimed studies were designed 

to determine the cause of injury (i.e., oil, dispersants, or exposure to freshwater resulting 

from the freshwater diversions). The NPFC accepts the scope of the claimed assessment 

efforts, noting that the OSLTF would only be available to pay a future claim for 

restoration of injuries resulting from oil release (or threat) or a response to oil release (or 

threat). As such, compensation from the OSLTF for damages resulting from freshwater 

diversions determined by any of the five claimed oyster assessment activities would only 

be available where such actions were demonstrated to be an appropriate response action 

under OPA and the NCP. 

 

29 NOAA claim, page 21 

Claim Number: N10036-OC08 

12 of 33 

30 See appendix A (Environmental Response Management Application retrieved Monday, June 11, 2012 

(gomex.erma.noaa.gov/)) 
Activity 8. 2012 oyster recruitment and reproductive condition

NOAA plans to continue to monitor oyster reproductive condition and oyster larvae 

recruitment in 2012 using similar procedures at the same locations sampled in 2011. 

Data collected in 2012 will help NOAA determine the rate of recovery and temporal 

extent of oyster injury. 

NOAA claims $441,050 for this activity, which includes contract costs for 2012 field 

data collections, as well as data analyses (such as enumerate spat, measure gonads, and 

statistical and geographical analysis), and injury quantification involving the Dauphin 

Sea Lab and the University of New Orleans. 

The claim record confirms that this activity and associated cost was presented to the RP. 

BP previously funded three work plans that describe 2011 field data collection. NOAA 

states that in response to a trustee request to continue these data collection efforts in 

2012, BP representatives stated that BP was not interested in further field investigation 

until previously collected data had been analyzed31. On December 23, 2011, NOAA 

provided BP with a claim that included $441,050 to continue 2012 field data collection 

efforts and analyze samples. The claim, work plans, and additional communications 

provided BP with justification of the need for assessment and description of the claimed 

activity, including how the data will be used to determine potential injury, timeframe for 

the assessment, and level of effort/costs. BP did not respond to NOAA’s presentment of 

$441,050 for this activity. Thus, the claim for this activity was not settled within 90 days, 

allowing presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $441,050 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 9. 2011 oyster abundance and biomass

As part of the overall assessment of oyster injuries, the trustees have monitored oyster 

abundance and biomass from selected sites, collecting nearby sediment samples and 

oyster tissue samples for evidence of discharged oil. This claimed activity seeks 

$567,125 for contract support to analyze and interpret 2011 data. The cost will cover 

contract costs to analyze about 150 archived oyster tissue samples and 500 sediment 

samples, as well as review of historical data and statistical analyses and modeling to 

assess changes in abundance and biomass. Claimed work will be performed with the 

technical support from Dauphin Island Sea Lab personnel, mapping specialists, oyster 

specialists, and statisticians. 

 

Claim Number: N10036-OC08 

13 of 33 

31 Email from BP representative (Cardno ENTRIX) to oyster TWG dated November 29, 2011 
The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP previously funded two work plans that describe collection of tissue and 

sediment samples for which NOAA is now requesting funds to analyze. NOAA states 

that BP participates in the trustee-RP oyster technical working group where this activity 

was discussed. On December 23, 2011, NOAA provided BP with a claim that included 

$567,125 to analyze and interpret 2011 data. The claim and work plans provided BP 

with justification of the need for assessment and description of the claimed activity, 

including how the data will be used to determine potential injury, timeframe for the 

assessment, and level of effort/costs. BP did not respond to NOAA’s presentment of 

$567,125 for this activity. Thus, the claim was not settled within 90 days, allowing 

presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $567,125 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 10. 2012 oyster abundance and biomass

This claimed activity involves analyzing data collected in 2011 on oyster adundance and 

biomass, and continuing data collection and analyses in 2012 to assess temporal extent of 

oyster injury. NOAA claims $944,750, which includes contract costs for field work (i.e., 

dive teams, quadrats, and contract labor), data analysis (i.e., statistical and geographical 

analysis at Dauphin Island Sea Lab), and travel to attend technical meetings. 

The claim record confirms that this activity and associated cost was presented to the RP. 

BP previously funded two work plans that describe 2011 field data collection efforts for 

which NOAA now requests funds to continue and analyze and continue through 2012. 

NOAA states that, in response to a trustee request to continue these data collection efforts 

in 2012, BP representatives stated that BP was not interested in further field investigation 

until previously collected data had been analyzed (See activity 9 above)32. On December 

23, 2011, NOAA provided BP with a claim that included $944,750 to continue 

monitoring oyster abundance and biomass and analyze collected data. The claim, work 

plans, and additional communications provided BP with justification of the need for 

assessment and description of the claimed activity, including how the data will be used to 

determine potential injury, timeframe for the assessment, and level of effort/costs. BP 

did not respond to NOAA’s presentment of $944,750 for this activity. Thus, the claim 

for this activity was not settled within 90 days, allowing presentment to the Fund as 

uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

 

Claim Number: N10036-OC08 

14 of 33 

32 Email from BP representative (Cardno ENTRIX) to oyster TWG dated November 29, 2011 
presented to BP and the Fund. The NPFC therefore finds claimed costs of $944,750 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 11. Oyster biofouling

NOAA and the co-trustees documented oyster reefs directly affected by oil; and observed 

oyster biofouling at unprecedented levels after the incident (i.e., the attachment of an 

organism or organisms to the oyster shell, which can reduce oyster growth and survival). 

Preliminary investigations to evaluate the degree and cause of biofouling demonstrated 

the highest abundances of biofouling organisms in the samples examined from the Black 

Bay/Breton Sound area, which had extensive oiling. NOAA plans to assess whether this 

increase in biofouling is caused by the incident33. 

NOAA plans to analyze oyster samples for evidence and frequency of biofouling, 

identify the organism(s) responsible, and determine if and how it is related to the 

incident. NOAA will use geographical and temporal patterns to relate biofouling to the 

incident by comparing areas that have been exposed to Deepwater Horizon oil as well as 

areas exposed to the influence of the spillway openings. Using multivariate statistical 

analyses, the biofouling results can be evaluated using indices of oil exposure to 

determine the extent to which oil may be contributing to the observed phenomenon. 

NOAA claims $156,750, which includes contract cost for staff labor at Dauphin Island 

Sea Lab to analyze 2,000 settlement plates, 100 dredge samples, and 900 quadrat samples 

for evidence of biofouling. Data will be compiled and analyzed by scientific and 

statistical experts. 

Upon review, the NPFC asked NOAA to further explain how oyster injuries caused by 

biofouling were caused by Deepwater Horizon oil and/or response actions. NOAA 

responded stating that the trustees documented evidence of Deepwater Horizon oil in 

areas where heavy biofouling of oysters occurred. Preliminary observations are not 

sufficient to determine whether or not the unusual biofouling was caused by the incident, 

but the potential exists. Using multivariate statistical analyses, biofouling results can be 

evaluated to determine the extent to which oil may be contributing to the observed 

biofouling34. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. On December 23, 2011, NOAA provided BP with a claim that included 

$156,750 to assess potential impacts to oysters from the incident through biofouling. The 

claim provided BP with justification of the need for assessment and description of the 

claimed activity, including how the data will be used to determine potential injury, 

timeframe for the assessment, and level of effort/costs. BP did not respond to NOAA’s 

 

33 NOAA hypothesizes that oyster reefs exposed to oil may have one or more key predator species that 

normally prey on biofouling organisms impacted by exposure to Deepwater Horizon oil, resulting in a 

reduction of top-down control and a bloom of the biofouling organisms 

Claim Number: N10036-OC08 

15 of 33 

34 NOAA response to NPFC request for additional information dated May 25, 2012. 
presentment of $156,750 for this activity to analyze this data. Thus, the claim was not 

settled within 90 days, allowing presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $156,750 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 12. Injury quantification to organisms from contaminated sediments

NOAA has documented “persistently oiled” nearshore sediments and associated exposure 

of benthic organisms, including fish, to elevated hydrocarbon concentrations. Through 

this claimed activity, NOAA will map PAH concentrations in sediments to determine the 

nature and extent of oil exposure to benthic organisms in nearshore areas. NOAA will 

analyze fish tissue and co-located sediments samples and evaluate this information with 

literature based injury thresholds of PAH concentrations. 

NOAA claims $238,500 for contracts to review and interpret field data collected35, 

conduct a literature review, attend technical meetings, and produce maps. 

The claim record indicates that this claimed activity and associated cost was presented to 

the RP. BP participated in the development of, is a signatory to, and funded, four work 

plans that describe collection of field data that NOAA now requests funds to analyze. 

NOAA states that BP has also worked with NOAA to determine the priorities assigned to 

samples for analysis. On December 23, 2011, NOAA provided BP with a claim that 

included $238,500 for this activity. The claim and work plans provided BP with 

justification of the need for assessment and description of the claimed activity, including 

how the data will be used to determine potential injury, timeframe for the assessment, and 

level of effort/costs. BP did not respond to NOAA’s presentment of $238,500 for this 

activity. Thus, the claim was not settled within 90 days, allowing presentment to the 

Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $238,500 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 13. Analysis of dead, live captured and stranded sea turtles

NOAA and the trustees have captured over 400 live oiled sea turtles and 17 oiled dead 

sea turtles. Sea turtle injuries from oil can result from both direct exposure to spilled oil 

 

Claim Number: N10036-OC08 

16 of 33 

35 NOAA claims funds to analyze approximately 5,400 sediment samples previously collected 
and indirect exposure, such as consumption of contaminated prey. The trustees believe 

that five species of sea turtles36 are at risk to both direct and indirect exposure. 

NOAA plans to analyze 200 tissue samples and 100 external swabs for PAHs and PAH 

metabolites, and compile, interpret, summarize, review, and map results. Analytical 

results will confirm exposure to Deepwater Horizon oil and be used to assess the number 

of sea turtles affected by the incident. NOAA claims $280,500 for this activity, which 

includes contract costs for experts from the University of Florida. 

The claim record indicates that this claimed activity and associated cost was presented to 

the RP. BP funded the collection of samples through two work plans presented by 

NOAA37. On December 23, 2011, NOAA provided BP with a claim that included 

$280,500 to analyze samples and compile data. The claim and work plans provided BP 

with justification of the need for assessment and description of the claimed activity, 

including how the data will be used to determine potential injury, timeframe for the 

assessment, and level of effort/costs. BP did not respond to NOAA’s presentment of 

$280,500 for this activity. Thus, the claim for this activity was not settled within 90 days, 

allowing presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $280,500 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 14. Abundance and distribution of neritic sea turtles

Aerial surveys conducted during and after the response documented the presence of 

loggerhead, Kemp’s ridley, green, hawksbill, and leatherback sea turtles in the Gulf of 

Mexico where oil and response activities occurred. Through this activity, NOAA seeks 

funds to complete analysis and statistical interpretation of this survey data. NOAA will 

combine survey data with satellite telemetry and dive records data from sea turtle 

tracking efforts to establish distribution and movement patterns. This data will be used to 

assess changes in population size over time, shifts in turtle distribution, and location and 

the number of turtles injured from the incident. NOAA claims $43,700 for this activity, 

which includes contract costs to compile analytical results. 

After reviewing the claim, the NPFC asked NOAA to explain how turtle dive records are 

used to adjust aerial sightings and reduce double counting to determine population size38. 

NOAA responded that they will use dive records to adjust for the time sea turtles spend 

 

36 http://www.nmfs.noaa.gov/pr/species/turtles/#moreinfo 

37 http://www.gulfspillrestoration.noaa.gov/wpcontent/uploads/2011/02/2010_10_26_MAMMALS_Sea_Turtle_Nearshore_Entanglement_Netting_Sur

vey_W_of_Delta.redacted3.pdf and http://www.gulfspillrestoration.noaa.gov/wpcontent/uploads/2012/05/Entanglement_Addendum_AllSignatures.redacted-slw.redacted2.pdf 

Claim Number: N10036-OC08 

17 of 33 

38 Letter dated March 30, 2012 from NPFC to NOAA requesting additional information 
underwater and are not visible to field teams and use two teams of observers that will 

record observations independently to obtain a more accurate number of turtles observed. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP funded four work plans to conduct aerial surveys39. On December 23, 2011, 

NOAA provided BP with a claim that included $43,700 for this activity to analyze and 

interpret data. The claim and work plans provided BP with justification of the need for 

assessment and description of the claimed activity, including how the data will be used to 

determine potential injury, timeframe for the assessment, and level of effort/costs. BP 

did not respond to NOAA’s presentment of $43,700 for this activity. Thus, the claim for 

this activity was not settled within 90 days, allowing presentment to the Fund as 

uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $43,700 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 15. Sea turtle prey availability and quality

Sea turtles consume different crustaceans and fish in the Gulf of Mexico, many of which 

were exposed to oil40. Preliminary results of samples taken from dead sea turtles 

collected after the incident indicate that PAHs are present in sea turtle stomach or 

intestinal areas. NOAA claims for costs to analyze sea turtle prey samples to assess the 

potential sea turtle injury resulting from consumption of contaminated prey. 

NOAA claims $207,250 for contract costs to analyze 100 prey item samples for PAHs 

and dispersants, 100 samples of bile from collected prey, and to evaluate and analyze 

results to support injury quantification. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. Prey sample collection was funded under a cooperative work plan by BP, where 

NOAA describes the type of analyses for samples. NOAA now seeks funds to analyze 

those samples. On December 23, 2011, NOAA provided BP with a claim that included 

$207,250 for prey sample analyses. The claim and work plan provided BP with 

justification of the need for assessment and description of the claimed activity, including 

how the data will be used to determine potential injury, timeframe for the assessment, and 

level of effort/costs. BP did not respond to NOAA’s presentment of $207,250 for this 

activity to analyze the data. Thus, the claim for this activity was not settled within 90 

days, allowing presentment to the Fund as uncompensated damages. 

 

39 Work plans provided to BP through the technical working groups during the preassessment phase in 2010 

and 2011 

Claim Number: N10036-OC08 

18 of 33 

40 “NOAA roadmap” provided to the NPFC as an attachment to an email dated May 25, 2012 
Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $207,250 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 16. Analysis of dead, remote biopsied, and stranded mammals 

NOAA has documented oiled marine mammals in Barataria Bay, 32 of which have been 

examined and show signs of anemia, low blood sugar, and symptoms of liver and lung 

disease41. 

NOAA plans to analyze 250 blubber and skin samples, 100 liver, lung, and tissue 

samples for cytochrome P4501a, and prepare technical reports. Results will be compiled, 

summarized, reviewed, mapped, and interpreted to compare with the physiological results 

from the estuarine dolphin health assessments (See activity 17 below). NOAA claims 

$182,000 for contract labor cost associated with this activity. 

After reviewing the claim, the NPFC asked NOAA to explain how NOAA plans to link 

the presence of biomarkers such as cytochrome P4501a to Deepwater Horizon oil or 

response actions. NOAA responded that biopsy samples were collected before, during, 

and after Deepwater Horizon oil entered the nearshore environment. NOAA will 

evaluate differences in biomarkers across a variety of oil exposure profiles. Exposure 

profiles are defined by evaluating Deepwater Horizon oiling information in the area 

where biopsies were collected. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP funded five works plans that described field data collection efforts. NOAA 

now requests funds to analyze samples collected during previous field data collection 

efforts. NOAA states that they provided BP with an outline that described the types of 

analyses proposed under this activity. On December 23, 2011, NOAA provided BP with 

a claim that included $182,000 for this activity. The claim and work plans provided BP 

with justification of the need for assessment and description of the claimed activity, 

including how the data will be used to determine potential injury, timeframe for the 

assessment, and level of effort/costs. BP did not respond to NOAA’s presentment of 

$182,000 for this activity. Thus, the claim for this activity was not settled within 90 days, 

allowing presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $182,000 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

 

Claim Number: N10036-OC08 

19 of 33 

41 “NOAA roadmap” provided to the NPFC as an attachment to an email dated May 25, 2012 
Activity 17. Estuarine dolphin population distribution and health assessment 

NOAA conducted several dolphin surveys along Louisiana and Mississippi coastal waters 

in 2010 and 2011. Preliminary results indicate that dolphins were present in oiled areas 

such as Barataria Bay, Chandeleur Sound, and Mississippi Sound. 

NOAA proposes to analyze and interpret information produced by field investigations for 

sub-lethal or latent effects such as organ damage and immune dysfunction; conduct 

follow-up field surveys in 2012 to assess abundance, survival rates, and collect additional 

tissue samples; and undertake statistical analyses to evaluate changes in annual 

abundance, evaluate changes in overall health over time, and interpret and synthesize 

data. These analyses will inform injury quantification to marine mammals. 

NOAA claims $409,000 for contract labor costs to analyze samples, conduct additional 

field surveys (i.e., dolphin sightings, photo identification, and tissue sample collection) 

and interpret and summarize results. NOAA contractors include veterinarians, biologists 

and wildlife epidemiologists. 

Upon review, the NPFC requested NOAA provide the results from the 2010 and 2011 

field surveys to justify the need for additional field work in 2012. NOAA responded by 

providing a press release providing information on dolphin surveys in 2010 and 2011. 

NOAA also stated that preliminary data suggests that dolphins are showing signs of poor 

health in areas located in the Gulf of Mexico. NOAA requests funds for NRDA studies 

that are necessary to complete the injury assessment on dolphins. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP funded seven work plans that described data collection efforts. NOAA now 

requests funds to analyze that data. NOAA also provided BP with a work plan for the 

additional field studies, which BP signed in March 2012 but did not fund. On December 

23, 2011, NOAA provided BP with a claim that included $409,000 for this activity. The 

claim and work plans provided BP with justification of the need for assessment and 

description of the claimed activity, including how the data will be used to determine 

potential injury, timeframe for the assessment, and level of effort/costs. BP did not 

respond to NOAA’s presentment of $409,000 for this activity. Thus, the claim for this 

activity was not settled within 90 days, allowing presentment to the Fund as 

uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) the claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $409,000 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Claim Number: N10036-OC08 

20 of 33 
Activity 18. Abundance and distribution of coastal and offshore mammals 

Aerial surveys and satellite tagging of marine mammals conducted during and after the 

response documented the presence of marine mammals in the Gulf of Mexico where oil 

and response activities occurred. 

NOAA proposes to complete analysis and statistical interpretation of survey and satellite 

tagging data. Tracking movements of marine mammals in the Gulf of Mexico will help 

NOAA quantify potential injuries by identifying changes in abundance and distribution 

related to baseline conditions and determine the number of marine mammals potentially 

exposed to Deepwater Horizon oil and/or dispersants. NOAA claims $100,700, which 

includes contract labor to analyze and interpret field data collected and present findings 

in technical reports. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. On December 23, 2011, NOAA provided BP with a claim that included 

$100,700 for this activity. The claim provided BP with justification of the need for 

assessment and description of the claimed activity, including how the data will be used to 

determine potential injury, timeframe for the assessment, and level of effort/costs. BP 

did not respond to NOAA’s presentment of $100,700 for this activity. Thus, the claim 

for this activity was not settled within 90 days, allowing presentment to the Fund as 

uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $100,700 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 19. Marine mammal prey availability and quality

NOAA conducted a study of offshore prey in 2010 that documented oiled marine 

mammal prey in both offshore and nearshore environments. Consumption of 

contaminated prey can adversely affect marine mammals. 

NOAA plans to analyze data generated by the 2010 prey study. NOAA will investigate 

the levels of potential exposure to marine mammal prey from discharged oil and 

dispersants by analyzing samples for PAHs and fingerprinting. This activity will help 

NOAA assess whether prey species of marine mammals were contaminated with 

Deepwater Horizon oil and help inform injury quantification. NOAA claims $319,250, 

which includes contract labor and laboratory costs to analyze prey samples for PAHs and 

dispersants and to draft and finalize technical reports that summarize analytical results. 

Claim Number: N10036-OC08 

21 of 33 
The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP funded the offshore prey sample collection work plan that describes the type 

of analyses NOAA plans to pursue with collected samples. NOAA now requests funds to 

analyze the collected samples. On December 23, 2011, NOAA provided BP with a claim 

that included $319,250 for this activity. The claim and work plan provided BP with 

justification of the need for assessment and description of the claimed activity, including 

how the data will be used to determine potential injury, timeframe for the assessment, and 

level of effort/costs. BP did not respond to NOAA’s presentment of $319,250 for this 

activity. Thus, the claim for this activity was not settled within 90 days, allowing 

presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $319,250 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 20. Inhalation/near-water exposure modeling for marine mammals

During the response, marine mammals were observed in areas where concentrations of 

contaminants in the air were at or above levels of concern. Contaminants were released 

into the air by both oil and response actions through vapors and particle matter generated 

by in situ burns, respectively. 

NOAA plans to investigate the concentration of airborne contaminants during the oil spill 

and their potential lethal and sub-lethal affects on marine mammals. NOAA and its 

contractors will review evidence from air samples collected during the response, conduct 

a literature review, and model exposure concentrations close to the water surface. 

NOAA claims $122,250, which includes contract labor costs to collect and interpret data, 

review literature, and prepare a final technical report. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. On December 23, 2011, NOAA provided BP with a claim that included 

$122,250 for this activity. The claim provided BP with justification of the need for 

assessment and description of the claimed activity, including how the data will be used to 

determine potential injury, timeframe for the assessment, and level of effort/costs. BP 

did not respond to NOAA’s presentment of $122,250 for this activity. Thus, the claim 

for this activity was not settled within 90 days, allowing presentment to the Fund as 

uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $122,250 are 

Claim Number: N10036-OC08 

22 of 33 
compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activities 21-24. Shoreline Habitat and Resources Investigations

The trustees estimate that approximately 1,000 miles of shoreline, marsh, mangrove, and 

beach habitats were exposed to oil, some areas for greater than 12 weeks. Oil killed 

vegetation, resulting in erosion and reduced vegetative health and faunal abundance. 

NOAA claims the costs of four assessment activities to quantify injuries to shoreline 

habitat and associated fauna: (1) Shoreline oiling database and mapping, (2) Coastal 

wetland vegetation study, (3) Coastal wetland faunal study, and (4) Coastal wetland 

erosion study. 

Activity 21. Shoreline oiling database and mapping

NOAA plans to consolidate various databases that contain response and NRDA data 

related to shoreline oiling. NOAA will use this database to map the shoreline habitat 

exposed to oil, information that will be used in shoreline habitat assessment, as well as 

nearshore asssessment activities (e.g., oysters, and SAV). The maps will display 

different levels of shoreline oiling across the Gulf coast, depicting exposure and potential 

injury. 

NOAA claims $124,500, which includes contract labor costs to develop the database and 

mapping products. Database development will require coordinating among several 

trustees, spatial analysis, and quality control. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP funded five work plans that described data collection efforts related shoreline 

oiling. NOAA now requests funds to consolidate data collected from previous work 

plans and other activities into one database to produce maps that will help inform injury 

quantification. On December 23, 2011, NOAA provided BP with a claim for $124,500 

for this database and mapping activity. The claim and work plans provided BP with 

justification of the need for assessment and description of the claimed activity, including 

how the data will be used to determine potential injury, timeframe for the assessment, and 

level of effort/costs. BP did not respond to NOAA’s presentment of $124,500 for this 

activity. Thus, the claim for this activity was not settled within 90 days, allowing 

presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, 

magnitude of potential injury, and (2) the costs claimed are reasonable for the level of 

effort proposed, and (3) this claim was presented to BP and the Fund. The NPFC 

therefore finds claimed costs of $124,500 are compensable from the Fund. 33 C.F.R. 

§136.211, 33 U.S.C. §2713(a), 33 U.S.C. §2713(c)(2). 

Claim Number: N10036-OC08 

23 of 33 
Activity 22. Coastal wetland vegetation study

NOAA plans to complete analysis, interpretation, and reporting of data collected during 

three sampling events conducted in 2010 and 2011. NOAA will analyze samples for 

above and below ground biomass, chlorophyll content, soil quality and function, and 

percent live and dead plant cover. These investigations will detect changes in primary 

production, reproduction, soil function, and spatial extent of injury to quantify injury. 

NOAA also requests funds to analyze additional observational data collected on relevant 

wetland vegetation (e.g., aerial and satellite imagery), and conduct an additional sampling 

event in 2012 to monitor recovery of wetland vegetation. 

NOAA claims $3,050,093, which includes contract labor and laboratory costs to analyze 

samples from 200 sites, interpret and apply results of aerial and satellite imagery analyses 

of changes in habitat over time, and conduct one additional field sampling event to assess 

rate of habitat recovery. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP funded three work plans that detailed data collection efforts. NOAA now 

requests funds to analyze and interpret data previously collected. On December 23, 2011, 

NOAA provided BP with a claim for $3,050,093 for this data analysis. The claim and 

work plans provided BP with justification of the need for assessment and description of 

the claimed activity, including how the data will be used to determine potential injury, 

timeframe for the assessment, and level of effort/costs. BP did not respond to NOAA’s 

presentment of $3,050,093 for this activity. Thus, the claim for this activity was not 

settled within 90 days, allowing presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, 

magnitude of potential injury, and (2) the costs claimed are reasonable for the level of 

effort proposed, and (3) this claim was presented to BP and the Fund. The NPFC 

therefore finds claimed costs of $3,050,093 are compensable from the Fund. 33 C.F.R. 

§136.211, 33 U.S.C. §2713(a), 33 U.S.C. §2713(c)(2). 

Activity 23. Coastal wetland faunal study

As a complement to the wetland vegetation study (Activity 28) that focuses on plants 

(i.e., primary production), NOAA also plans to assess potential injury to marsh 

invertebrate communities (i.e., secondary production). NOAA claims $415,190 for this 

activity, which includes contract costs to analyze 2011 data and an additional field study 

in 2012. NOAA will use fiddler crabs and periwinkles as representative species because 

of their abundance, importance to marsh communities, and sensitivity to oil. This 

assessment work will allow determination of mortality, abundance, and changes in 

demographics for shoreline fauna. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP funded the work plan for the 2011 field efforts to collect data related to 

Claim Number: N10036-OC08 

24 of 33 
fiddler crab and periwinkles. On December 23, 2011, NOAA provided BP with a claim 

for $415,190 that includes the costs to analyze the samples collected and collect 

additional field data in 2012. The claim and work plan provided BP with justification of 

the need for assessment and description of the claimed activity, including how the data 

will be used to determine potential injury, timeframe for the assessment, and level of 

effort/costs. BP did not respond to NOAA’s presentment of $415,190 for this activity. 

Thus, the claim for this activity was not settled within 90 days, allowing presentment to 

the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: 1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, 

magnitude of potential injury, and 2) the costs claimed are reasonable for the level of 

effort proposed, and (3) this claim was presented to BP and the Fund. The NPFC 

therefore finds claimed costs of $415,190 are compensable from the Fund. 33 C.F.R. 

§136.211, 33 U.S.C. §2713(a), 33 U.S.C. §2713(c)(2). 

Activity 24. Coastal wetland erosion study

NOAA has documented erosion of wetland habitat resulting from loss of vegetation 

exposed to oil. NOAA will analyze and interpret datasets from Real Time Kinetic 

(RTK)42 elevation surveys, Light Detection and Ranging (LiDAR)43, and aerial imagery 

funded by BP to assess potential injury associated with wetland erosion resulting from 

the spill. Potential erosion due to oiling will be evaluated relative to historical erosion 

rates and unoiled areas. 

NOAA claims $55,500 for this activity, which includes contract labor cost for experts in 

coastal geology, coastal wetland systems, and NRDA to participate in the investigation. 

Experts will assemble and analyze LiDAR and RTK data. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. BP funded past field work for LiDAR data collection. NOAA now requests 

funds to analyze collected field data. On December 23, 2011, NOAA provided BP with a 

claim for $55,500 for this activity. The claim and work plan provided BP with 

justification of the need for assessment and description of the claimed activity, including 

how the data will be used to determine potential injury, timeframe for the assessment, and 

level of effort/costs. BP did not respond to NOAA’s presentment of $55,500 for this 

activity. Thus, the claim for this activity was not settled within 90 days, allowing 

presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: 1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, 

magnitude of potential injury, and 2) the costs claimed are reasonable for the level of 

 

42 RTK is a technique used in land survey and in hydrographic survey to improve the accuracy of GPS 

Claim Number: N10036-OC08 

25 of 33 

43 LiDAR is an optical remote sensing technology that uses light to measure subtle topographic features 

such as river terraces and river channel banks, to measure the land-surface elevation beneath the 

vegetation canopy, to better resolve spatial derivatives of elevation, and to detect elevation changes 
effort proposed, and (3) this claim was presented to BP and the Fund. The NPFC 

therefore finds claimed costs of $55,500 are compensable from the Fund. 33 C.F.R. 

§136.211, 33 U.S.C. §2713(a), 33 U.S.C. §2713(c)(2). 

Activity 25. Toxicity to Aquatic Organisms

To understand the nature and extent of injury resulting from the incident, NOAA needs to 

evaluate the toxicity of oil and dispersants released into the water column during this 

incident (i.e., what concentrations of PAH and contaminant in water and sediment are 

toxic to organisms). Through this activity, NOAA will complete toxicity testing for 12 

representative species44 in the Gulf of Mexico. Tests will help establish toxicity 

thresholds for organisms potentially injured by discharged oil and/or dispersants. NOAA 

will evaluate the toxic effects of oil and/or dispersants on organisms by their response to 

several endpoints including survival, growth, reproductive metrics, development, 

immunological effects, behavior, gene expression, and tissue damage. 

NOAA claims $2,139,190, which includes contract costs to conduct 160 toxicity tests and 

analyze and interpret the resulting data. NOAA has contracts with nine different 

laboratories that will participate in this activity. 

The claim record confirms that this claimed activity and associated cost was presented to 

the RP. On December 23, 2011, NOAA provided BP with a claim that included 

$2,139,190 for this activity. The claim provided BP with justification of the need for 

assessment and description of the claimed activity, including how the data will be used to 

determine potential injury, timeframe for the assessment, and level of effort/costs. BP 

did not respond to NOAA’s presentment of $2,139,190 for this activity. Thus, the claim 

was not settled within 90 days, allowing presentment to the Fund as uncompensated 

damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $2,139,190 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 26. Response Data Compilation and Synthesis

Oil spill response operations generated a large amount of data (i.e., location and duration 

of nearshore submerged oil recovery operations, beach cleanup, SCAT surveys, and 

animal collection and rehabilitation). Through this activity, NOAA claims $307,500 for 

contract labor cost to compile response-collected information on aquatic resources stored 

in various databases and systems managed and maintained by BP or other non-trustee 

agencies, and present the information in useable and compatible formats. 

 

Claim Number: N10036-OC08 

26 of 33 

44 Inland silverside, sheepshead minnow, Red drum, southern flounder, speckled sea trout, goggle eye, 

cobia, mahi-mahi, bluefin tuna, grass shrimp, blue crab, and eastern oyster 
The claim record confirms that this claimed activity and associated cost was presented to 

the RP. On December 23, 2011, NOAA provided BP with a claim that included 

$307,500 this activity. The claim provided BP with justification of the need for and 

description of the claimed activity, including how the data will be used to determine 

potential injury, timeframe for the assessment, and level of effort/costs. BP did not 

respond to NOAA’s presentment of $307,500 for this activity. Thus, the claim was not 

settled within 90 days, allowing presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $307,500 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Activity 27. RP Data Reports

NOAA claims $624,000 for contractor costs to review, interpret, and analyze RP data and 

findings shared with the trustees through the various technical working groups. NOAA 

expects that the RP will be providing the trustees with reports from over 200 assessment 

studies conducted by the RP outside of the cooperative trustee-RP assessment. NOAA’s 

review and consideration of these RP assessment efforts is important and necessary to 

ensure consideration of all relevant injury assessment information in determining injury. 

The claim record confirms that this activity and cost was presented to the RP. On 

December 23, 2011, NOAA provided BP with a claim for $624,000 for contract costs to 

review their data reports. The claim provided BP with justification of the need for and 

description of the claimed activity, including how the effort will be used to determine 

potential injury, timeframe for the activity, and level of effort/costs. BP did not respond 

to NOAA’s presentment of $624,000 for this activity. Thus, the claim was not settled 

within 90 days, allowing presentment to the Fund as uncompensated damages. 

Based on the above facts, the NPFC finds that: (1) the assessment activity is appropriate 

for the spill given evidence of exposure and the scale and complexity of the incident, (2) 

the costs claimed are reasonable for the level of effort proposed, and (3) this claim was 

presented to BP and the Fund. The NPFC therefore finds claimed costs of $624,000 are 

compensable from the Fund. 33 U.S.C. §2706 (d)(1)(C), 33 C.F.R. §136.211, 33 U.S.C. 

§2713(a), 33 U.S.C. §2713(c)(2). 

Summary 

This determination approves $19,428,049 to implement 27 of 39 claimed assessment 

activities. The remaining 12 activities totaling $86,544,259 are still under adjudication 

and the NPFC will continue to review additional information provided by NOAA. Table 

1 below is a summary of our determination: 

Claim Number: N10036-OC08 

27 of 33 
Table 1. Summary of Claimed Activities 

Activity 

Amount 

approved in this 

determination 

Pending 

adjudication 

Deep sea soft bottom sediments $3,153,501 

Deep sea hard ground corals $822,500 

Mesophotic reefs $102,000 

Benthic Megafauna $240,500 

Satellite telemetry with sperm whales and bluefin tuna $472,500 

Transport, fate, and effects modeling $3,446,000 

Sargassum Communities $636,000 

Oceanic sea turtle investigations associated with Sargassum $66,750 

Chandeleur Island field assessment and imagery analysis $138,500 

Chandeleur Island benthic invertebrate analysis $93,000 

2011 Oyster recruitment and reproductive condition $173,250 

2012 Oyster recruitment and reproductive condition $441,050 

2011 Oyster abundance and biomass $567,125 

2012 Oyster abundance and biomass monitoring $944,750 

Oyster resource mapping - subtidal and intertidal withdrawn 

Oyster biofouling $156,750 

Injury quantification to organisms from contaminated sediments $238,500 

Analysis of dead, live captured, and stranded sea turtles $280,500 

Neritic sea turtle injury assessment withdrawn 

Abundance and distribution of neritic sea turtles $43,700 

Sea turtle prey availability and quality $207,250 

Analysis of dead remote biopsied and stranded mammals $182,000 

Estuarine Dolphin population distribution and health assessment $409,000 

Abundance and distribution of coastal and offshore mammals $100,700 

Marine mammal prey availability and quality $319,250 

Inhalation/Near Water Modeling $122,250 

Shoreline oiling database and mapping $124,500 

Coastal wetland vegetation study $3,050,093 

Coastal wetland faunal study $415,190 

Coastal wetland erosion $55,500 

Toxicity to Aquatic Organisms $2,139,190 

Data Management Systems $3,936,000 

Sample and observational records intake $6,103,200 

Laboratory Analysis $29,811,000 

Tracking, QA/QC, and posting $5,797,500 

Response data compilation and synthesis $307,500 

Aerial Imagery $300,000 

RP data reports $624,000 

Trustee data management support $3,120,000 

Restoration Scaling and Planning $3,641,714 

Injury Assessment Management & Administration $13,524,131 

NOAA Labor $16,348,018 

General Coordination and Support for TWG $2,839,200 

Contingency 478,246 

Total $19,428,049 $86,544,259 

Claim Number: N10036-OC08 

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Revolving Trust Fund and Return of Unused Funds to the OSLTF 

As established by OPA (33 U.S.C. §2706(f)) and NRDA regulations (15 C.F.R. §990.65), 

sums recovered by trustees for natural resource damages must be retained by the trustees 

in a revolving trust account. All other sums must be used to implement the approved 

Assessment Plan, as approved by this determination. All unused funds, including interest 

earned, shall be returned to the OSLTF in a timely basis and no later than six months 

from the completion of the assessment as described in this determination in accordance 

with 15 C.F.R. §990.65. 

Cost Documentation and Final Report

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

documented appropriately and spent according to the Assessment Plan as approved in this 

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

Fund. NOAA shall provide the NPFC with a final report 120 days after completion of 

these activities. The report should include: 

1. Certification by NOAA that all expenditures of OSLTF funds (including interest 

earned) were in accordance with the plan as approved by the NPFC; 

2. A summary of findings; 

3. Copies of final reports; 

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 a standardized template with detailed instructions to facilitate 

annual progress and final cost reporting. These templates are provided as an attachment 

to an email sent with this determination. 

Claim Number: N10036-OC08 

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Conclusion 

The NPFC has reviewed the claim submitted by NOAA for costs to assess natural 

resource damages 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. §136). Through this partial determination we have determined that 

$19,428,049 is compensable to fund activities in the Assessment Plan. This offer 

constitutes full and final payment for costs of the 27 activities associated with this 

damage assessment plan. 

If you accept this offer, please complete the enclosed Acceptance/Release Form and 

return to: 

 Director (cn) 

U.S. Coast Guard Stop 7100 

 National Pollution Funds Center 

 4200 Wilson Boulevard, Suite 1000 

 Arlington, VA 20598-7100 

If we do not receive the signed original Acceptance/Release Form within 60 days of the 

date of this letter, 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 trustee account when you 

submit the Release Form. 

If you have any questions regarding this determination, please feel free to contact me at 

202-493-6623. 

Sincerely, 

 

 

Claims Manager 

 Natural Resource Damages 

Encl: (1) Acceptance/Release Form 

 

Claim Number: N10036-OC08 

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Appendix A: 

Source: Environmental Response Management Application retrieved Monday, June 11, 2012 (gomex.erma.noaa.gov/.) 

 

Claim Number: N10036-OC08 

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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-OC08 Claimant Name: National Oceanic Atmospheric Administration

 

NOAA, the undersigned, accepts the determination of $19,428,049 as partial 

compensation for the claim listed above. 

On March 23, 2012, NOAA presented a claim to the Oil Spill Liability Trust Fund 

(OSLTF or the Fund) in the total amount of $115,952,207 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 land leased by BP (the Deepwater Horizon incident). 

The NOAA accepts the settlement offer of $19,428,049 as partial compensation for the 

cost to assess ecological damages as described in the July 5, 2012 determination 

(N10036-OC08). 

NOAA agrees to provide a final report to the NPFC as directed in the determination. 

NOAA agrees to comply with 33 U.S.C. §2706(f) and 33 C.F.R. §136.211 by depositing 

into a revolving trust account the amounts awarded in the July 5, 2012 determination and 

any amounts in excess of those required for these reimbursements to accomplish the 

assessment activities approved in the determination shall be deposited to the OSLTF. 

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 loss. NOAA authorizes the United States to sue 

compromise or settle in the name of NOAA and that the NPFC be fully substituted for 

NOAA and subrogated to all NOAA rights arising from the July 5, 2012 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 

Claim Number: N10036-OC06 

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Claim Number: N10036-OC06 

33 of 33 

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