Federal and Louisiana natural resource trustees are developing a statewide comprehensive Regional Restoration Planning Program (RRP Program) including Regional Restoration Plans (RRPs) to assist the natural resource trustees in carrying out their responsibilities for discharges or substantial threats of discharges of oil (referred to as an "incident"). The goal of this planning effort is to establish a statewide program that will: expedite and potentially reduce the cost of the Natural Resource Damage Assessment (NRDA) process; provide for consistency and predictability by detailing the NRDA process, thereby minimizing uncertainty to the public and industry; and increase restoration of lost natural resources and services.

The Oil Pollution Act of 1990 (OPA), 33 U.S.C. § 2701 et seq., and the Louisiana Oil Spill Prevention and Response Act of 1991 (OSPRA), La. Rev. Stat. 30:2451 et seq., are the principal federal and state statutes authorizing federal and state agencies and tribal officials to act as natural resource trustees for the recovery of damages for injuries to natural resources resulting from an unauthorized discharge or substantial threat of a discharge of oil in Louisiana. The federally designated natural resource trustees include the U. S. Department of Commerce (National Oceanic and Atmospheric Administration [NOAA]), U. S. Department of the Interior, U. S. Department of Agriculture, U. S. Department of Energy, U. S. Department of Defense, and the federally recognized tribes. On the state level, the Louisiana Oil Spill Coordinator's Office, Office of the Governor (LOSCO); Louisiana Department of Natural Resources (LDNR); Louisiana Department of Environmental Quality (LDEQ); and Louisiana Department of Wildlife and Fisheries (LDWF) have been entrusted with this responsibility.

The RRP Program is being established to address substantial threats and unauthorized discharges of oil under OPA and OSPRA. The proposed RRP Program does not address injuries from releases of hazardous substances under the Comprehensive, Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., or physical injuries to resources under the National Marine Sanctuaries Act, 16 U.S.C. § 1431 et seq., should a sanctuary be designated in the State of Louisiana, but this does not necessarily preclude its use for other purposes in the future.

Broad guidelines and the basic requirements of OPA provide the necessary direction for developing RRPs. These guidelines and requirements are contained in 15 C.F.R. Part 990 . In summary, the general provisions concerning regional restoration plans are that they:

• Are tools trustees should consider "as a means to enhance successful restoration planning and implementation" (Preamble to OPA Regulations, Subpart A, VI, A, 61 Fed. Reg. 440 [Jan. 5, 1996]);
• "…may consist of compiling databases that identify, on a regional or watershed basis, or otherwise as appropriate, existing, planned, or proposed restoration projects that may provide appropriate restoration alternatives for consideration in the context of specific incidents" (15 C.F.R. § 990.15);
• "…must be capable of fulfilling OPA's intent for the trustees to restore, rehabilitate, replace, or acquire the equivalent of the injured natural resources and/or services," and can be used provided that the plan:
  • ¨ Was developed with public review and comment or is subject to review and comment;
  • ¨ Will adequately compensate the environment and public for injuries resulting from the incident;
  • ¨ Addresses, and is currently relevant to, the same or comparable natural resources and services as those identified as having been injured; and
  • ¨ Allows for reasonable scaling relative to the incident" (15 C.F.R. §990.56).

The development of the proposed RRP Program is a coordinated effort between state and federal natural resource agencies, local governments, and the public.

The Louisiana RRP Program will be jointly administered and used by the trustees to assist in carrying out their natural resource trust mandates under the OPA and OSPRA.