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Natural Resource Damage Program
The
Natural Resource Damage Program (NRDP) was created in 1990 to prepare the state's lawsuit against
the Atlantic Richfield Co. (ARCO) for injuries to the natural resources in the Upper Clark Fork River
Basin (UCFRB).
Decades of mining and mineral processing operations in and around Butte and Anaconda released substantial quantities of hazardous substances into the Upper Clark Fork River Basin between Butte and Milltown. These hazardous substances extensively degraded the area's natural resources.
Litigation
Map of Upper Clark Fork River Basin (PDF)
In 1983, the State of Montana filed a natural resource damage lawsuit against the Atlantic Richfield Co. (ARCO) to recover damages for:
- injuries to the water, soils, fish and wildlife in the basin
- the public's lost use and enjoyment of these injured resources
Since 1990, the Natural Resource Damage Program within the Montana Department of Justice has been responsible for performing the necessary natural resource damage assessments and pursuing the lawsuit against ARCO. The state has settled its lawsuit through a series of settlement agreements completed in 1999, 2005 and 2008. In addition to the lawsuit against ARCO, in 2008 the state completed settlements for the Mike Horse Dam site and in 2009, for the East Helena site.
Restoration
The 1999 partial settlement earmarked about $130 million to restore or replace the injured natural resources in the Upper Clark Fork River Basin. In early 2000, the state finalized the criteria and procedures for spending these settlement funds.
Silver Bow Creek Injured Area
Silver Bow Creek Restored Area
Grant Process
The state elected to establish a grant process administered by NRDP. Government agencies, private entities and individuals are all eligible to apply for restoration funds. In general, restoration funds can be used on projects that will improve:
- water, fish and wildlife resources
- public drinking water supplies
- natural resource-based recreational opportunities such as hunting, fishing, hiking and wildlife watching
Montana's governor makes the final funding decisions on grant projects. The UCFRB Remediation and Restoration Advisory Council advises the governor on the restoration process and funding. To date, Montana's governors have approved 109 projects that will help make the basin's natural resources healthy and provide opportunities for the public to enjoy these resources.
In addition to funding grant projects, the state has used settlement monies for special projects such as restoration planning for the Milltown Dam and the Silver Bow Creek watershed.
Contact
Helena Staff
Natural Resource Damage Program
Montana Department of Justice
1301 East Lockey
P.O. Box 201425
Helena, MT 59620-1425
Phone: (406) 444-0205
Fax: (406) 444-0236
E-mail: nrdp@mt.gov
Mary Capdeville, Assistant Attorney General
Phone: 444-0225
Kathy Coleman, Program Specialist
Phone: 444-0229
Robert Collins, Supervising Assistant Attorney General
Phone: 444-0226
Carol Fox, Restoration Program Chief
Phone: 444-0209
Michelle Golden, Legal & Administrative Support
Phone: 444-0205
Doug Martin, Environmental Science Specialist
Phone: 444-0234
Tom Mostad, Environmental Science Specialist
Phone: 444-0227
Greg Mullen, Environmental Science Specialist
Phone: 444-0228
Butte Staff
Natural Resource Damage Program
65 East Broadway
Butte, MT 59701
Phone: (406) 533-6882
Fax: (406) 494-2905
Pat Cunneen, Environmental Science Specialist
Phone: 533-6882
