On December 23, 1994, the United States (on behalf of NOAA, U.S. Department of
the Interior (DOI), the Department of Transportation and the National Pollution
Fund), the Washington Department of Ecology and the Makah Indian Tribe entered
into a settlement with the Maruha Corporation and
the Japan Ship Owners' Mutual Protection and Indemnity Assn. (the owners and
the insurers of the TENYO MARU), Tianjin Ocean Shipping Co., the China Ocean
Shipping Co. and the United Kingdom Mutual Steam Ship Assurance Assn. (Bermuda)
Ltd. (the owners, the operators and the insurers of the TUO HAI). The agreement
covered claims by the United States, the State of Washington and the Makah
Indian Tribe for oil removal costs, natural resource damages and civil
penalties arising from the oil spill.
Under the settlement, the companies agreed to pay a total of
$9 million over and above approximately $2.4 million in removal costs
previously paid. Of the total paid, $500,000 went to pay a civil penalty
assessed by the U.S. Coast Guard to the Maruha Corporation, $3,000,000 went to
reimburse oil removal costs, $340,028 was paid to reimburse damage assessment
costs incurred by the Trustees, and the balance ($5,159,972 plus interest) was
allocated solely for the purpose of restoring, rehabilitating, replacing or
acquiring the equivalent of injured natural resources. The natural
resource trustees formed a Trustee Committee to guide planning and
implementation of restoration actions with the recovered natural resource
damages.