Natural Resource Damages Program Trustee Responsibilities

Fish, wildlife, wetlands, and groundwater are natural resources. Spills of oil or chemicals can harm them. From the time of a spill until cleanup is complete, resources have been degraded or lost. Trustees seek compensation for these losses.

What are Natural Resources and Services?

Natural resources are all around us:

  • the water we drink, swim in, or boat on

  • the air we breathe

  • the soil beneath our feet

  • the sediment beneath the water

  • fish, birds, and mammals

These resources provide services to us and the environment:

  • water supply, recreation

  • support for life

  • habitat for fish and wildlife

  • fishing and shellfishing

  • cultural support

Natural resources also include land "belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by" the United States, any State, an Indian Tribe, a local government, or a foreign government.

What are Natural Resource Damages?

Spills of oil or chemicals can harm natural resources. From the time of a spill until cleanup is complete, resources have been degraded or lost. Trustees seek compensation for these losses. This is known as natural resource damages.

During cleanup, work is performed to:

  • determine the nature and extent of contamination

  • evaluate, select and take actions to eliminate or reduce risks to human health and the environment

  • perform removal or remedial actions

During natural resource damages, work is performed to:

  • assess the type and extent of harm to natural resources, both temporary and permanent

  • evaluate, select and take actions to restore natural resources

  • calculate the cost of restoration actions

Once natural resource damages assessment is complete, Trustees negotiate settlements with the parties responsible for the spill.

Once a settlement is reached, Trustees work with the public to identify and implement specific restoration projects.

Who are Natural Resource Trustees?

By law, certain agencies are designated to work on behalf of the public as Trustees for natural resources.

In Massachusetts, the Secretary of Energy and Environmental Affairs has been designated as Trustee.

Federal agencies also act as Trustees. MassDEP works most often with:

  • U.S. Department of the Interior

  • National Oceanic and Atmospheric Administration

Federally recognized Tribes also act as Trustees.

Only federal, State, and Tribal Trustees may recover for NRD subject to their jurisdiction on behalf of the public.

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