Federal Trustees

• Author: Valerie Ann Lee/P.J. Bridgen
• Pages: 103-110

Page 103

Chapter 9

Federal Trustees

9.1 Introduction

As noted elsewhere in this deskbook, the Comprehensive Environmental Response, Compensation, and

Liability Act (CERCLA), the Oil Pollution Act (OPA) of 1990, and the Clea n Water Act (CWA) actions

are brought and natural resource damage assessments (NR DA) are conducted by properly designated trust-

ees from the federal, state, and tribal levels. is chapter briey introduces you to the federal trustees and

their NRDA programs. It is beyond the scope of this book to identify the designations for all 50 states and

the Tribes.

rough the National Contingency Plan (NCP)1 and Executive Order 125802, the president has desig-

nated federal ocials who a re to act on behalf of the public as trustees for natura l resources under federal

trusteeship in activities being conducted pursuant to CERCLA, OPA, and CWA. e president has des-

ignated the secretaries of the following Cabinet depart ments to act as trustees for the natural resources,

subject to their respective management or control:

• U.S. Depart ment of Agriculture (USDA);

• U.S. Depart ment of Commerce (DOC);

• U.S. Depart ment of Defense (DOD);

• U.S. Depart ment of Energy (DOE);

• U.S. Depart ment of the Interior (DOI); and

• Other agencies authorized to manage or protect natural resources.3

e designation of trustees falls far short of providing a clear organization chart for federal trustees. e

NCP notes that the secretaries are designated for “general categories of natural resource s, including their

supporting ecosystems.”4 In addition, for the secretaries of DOC and DOI, the NCP declares that “not-

withstanding the other designations in [the NCP]” the secretaries “shall act a s trustees of those resources

subject to their respective management or control.”5 us, there is no clear del ineation of which resources

are under each agency’s trusteeship and which resources are under shared trusteeship. Table 3-2 in Chapter

ree provides a summar y of trusteeship, t he preparation of which was based on practica l experience of

the authors, the NCP, and the knowledge of a variety of statutory authorities that provide management

1. CERCLA §107(f)(2)(A) requires the president to designate in the NCP federal ocials who are to act on behalf of the public as tr ustees for

natural resources under federal trusteeship. See also National Oil and Hazardous Substances Pollution Contingency Plan (NCP), codied at

40 C.F.R. Part 300.

2. Exec. Order No. 12580, 3 C.F.R. 193 (1987), A. M. 45031 (listing agencies to provide representatives to the national and regional

response teams to carry out their responsibilities under the NCP).

3. National Contingency Plan, 40 C.F.R. §300.600 (b) and Exec. Order No. 12580, 3 C.F.R. 193 (1987), A. M. 45031.

4. National Contingency Plan, 40 C.F.R. §300.600(b).

5. National Contingency Plan, 40 C.F.R. §300.600(b) and Exec. Order No. 12580, 3 C.F.R. §193 (1987), A. M. 45031.