On January 30, 2002, the Natural Resource Trustees executed a Memorandum of Agreement (MOA) setting forth how the Natural Resource Damage (NRD) Trustees will manage the recoveries obtained under the Consent Decree. Pursuant to the provisions of the MOA, Natural Resource Trustee SubCouncils for the geographic regions of Massachusetts and Connecticut were formed. Each SubCouncil has the authority, pursuant to the MOA, to authorize the expenditure of NRD funds allocated solely to the geographic region of the respective SubCouncil. The National Oceanic and Atmospheric Administration (NOAA) is participating on the Trustee SubCouncil for Connecticut along with Trustee Representatives for the Commissioner of Environmental Protection for the State of Connecticut and the U.S. Fish and Wildlife Service (FWS) (on behalf of the U. S. Department of the Interior (DOI)). (See the Connecticut Trustee SubCouncil website ).

The Natural Resource Trustees have both the authority and, more importantly, the responsibility for making the final decisions regarding how the NRD Recoveries entrusted to them will be utilized. The Natural Resource Trustees will invite public participation throughout the restoration planning process.

The Housatonic River Natural Resources Damages Restoration Project is anticipated to be completed in four phases. During Phase I, the Consultant Team assisted the Connecticut Trustee SubCouncil and the Trustee Work Group in developing a Restoration Planning Process Document and Public Participation Plan. This plan established the foundation for the development of the Restoration Plan as Phase II. Phase II is underway and a Draft Restoration Plan will be made available for public review and comment. The Trustees are finalizing project eligibility and evaluation criteria and expect to solicit restoration project ideas from the public in late 2006 or early 2007.

Phase III will include finalizing the Restoration Plan and implementing the preferred restoration projects as described in the plan. At this time, the Trustees will undertake or oversee the design, permitting, and construction of restoration projects, purchase of land, or other activities that each SubCouncil determines to be appropriate in order to restore the natural resources and natural resource services injured by the release from the General Electric Company facility. The final phase, Phase IV, involves the long-term operation, ongoing implementation, and monitoring of restoration projects.