Natural Resource Damage Assessment and Restoration Project Nominations for the Department of the Interior Funding for Calendar Year 2019

UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
http://www.blm.gov

August 22, 2018

In Reply Refer To:
8200 (200) P

EMS TRANSMISSION 09/04/2018
Instruction Memorandum No. 2018-105
Expires:  09/30/2021

Program Area:  Natural Resource Damage Assessment and Restoration Program (L9210).

Purpose:  This Instruction Memorandum (IM) requests nominations for new natural resource damage assessment (NRDA) cases, which require funding to initiate activities. The IM also requests proposals to continue NRDAR activities on existing cases. Funding to support NRDAR activities will come from the Natural Resource Damage Assessment and Restoration (NRDAR) Fund of the Department of the Interior (DOI); and is available for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cases. Proposals for funding should be prepared for calendar year 2019 (CY 2019) per instructions from the Office of Restoration and Damage Assessment (ORDA).

Administrative or Mission Related:  Administrative.

Policy/Action:  The NRDAR application and instructions can be accessed at internaldarts.usgs.gov. BLM field offices must assist the Washington Office (WO-200) in preparing any final DOI application. Case nomination applications will be jointly evaluated by the submitting state office and WO-200, in preparation for completion of the DOI application.

All NRDAR application forms have been revised, reduced in size, and converted to online versions. The application process is conducted entirely online via the ORDA Damage Assessment and Restoration Tracking System (DARTS) site. Please read the attached instructions (Attachment 1) to determine which specific forms are required for your case and for instructions on how to access DARTS for case managers and any authorized official whose electronic signature are required.

If a state office is requesting additional ORDA funds for an ongoing case in CY 2019, the case manager must update the proposal summary sections, provide an up-to-date map, answer case-specific questions, update sections pertaining to other regional ongoing cases, update the project milestones tables, and provide updated budget tables. If there are significant changes to any responses in the main questionnaire, please provide those specifics as well. For active NRDAR cases that are not seeking CY 2019 funding, are operating on carryover funding, or have other current funding sources, the case manager must submit a case update.

Preliminary NRDAR Coordination (PNC):  This new funding category, first tested as part of the CY 2018 allocation process, will be continued as a pilot for CY 2019. This funding is intended to be used in coordination with CERCLA response activities at a site with the potential to have injury to or loss of natural resources and/or their services. This funding is intended to support early involvement in response activities. Most commonly this funding will be used at sites where DOI has priority resources and response activities are expected to take over five years. Examples of the types of activities supported by this funding include: coordination of preliminary data collection; review of documents, including milestone documents such as remedial investigation and feasibility study (RI/FS), engineering evaluation/cost analysis (EE/CA) and proposed plans; and participation in meetings with state and federal response agencies and potentially responsible parties. See Attachment 1 for further details.

Timeframe:  The BLM internal review submission deadline for new case nominations for CY 2019 funding must be submitted to the WO NRDAR Program Lead by August 27, 2018. Continuing case funding applications must be submitted by the case manager via the DARTS site no later than September 7, 2018. Case update reports are due no later than September 21, 2018 via the DARTS system.

Budget Impact:  Costs required to implement the above actions are minimal. Receipt of DOI NRDAR funding will positively affect the budget of the respective field or district offices administering the NRDAR case. The cost of preparing new case nominations requested in this IM should be funded by Functional Subactivity L16400000. For ongoing cases, existing case funding may be used.

Background:  The DOI Restoration Fund was established to provide DOI bureaus with a funding source to assess injuries to natural resources and services caused by releases of CERCLA hazardous substances and to prepare restoration plans. Each year the DOI invites the bureaus to submit requests for project funding proposals. These funds are for resource damage assessment costs; not for restoration actions. Actual restoration costs should be paid by the potentially responsible party (PRP). Critical to funding a case is identification of one or more PRPs and determining that the DOI has a reasonable expectation of recovering assessment and restoration costs from the PRPs.

Under CERCLA and Oil Pollution Act (OPA) authority, the BLM acts as a delegated trustee for site restoration efforts. Inherent in its responsibility for site restoration, the BLM will request DOI funds to assess natural resource damages caused by releases of hazardous substances and oil spills, as well as plan for site restoration. The DOI allocates NRDAR funds primarily for sites affected by CERCLA hazardous substances. NRDAR activities at sites affected by oil are normally funded through the National Pollution Fund Center managed by the U.S. Coast Guard.

Manual/Handbook Sections Affected:  This IM does not require an update of the any BLM manual or handbook as annual requests are made by the Department.

Coordination:  State and field office coordination will occur on individual nominations.

Contact:  Please direct any questions regarding this IM to Ron McCormick (NRDAR Program Lead) at (202) 912-7135 (rmccormi@blm.gov). Access to the ORDA DARTS site is available to existing case managers and authorized officials. Additional requests for access should be submitted to Ron McCormick, or directly through ORDA as outlined in Attachment 1.

Signed by:                                                                   Authenticated by:
Kristin Bail                                                                  Robert M. Williams
Assistant Director                                                       Division of IT Policy and Planning,WO870
Resources and Planning

1 Attachment
     1 - Request for Case Funding Applications for 2019, from Steve Glomb, Director, Office of Restoration and Damage Assessment (30 pp)