The concept of natural resource trustees is derived from the public trust doctrine. This ancient principal of law provides that governments hold certain property and natural resources in trust for the benefit of the public. Furthermore, the governments have the duty and authority to protect and preserve such property and resources for public uses.
Recognizing the role of governments as trustees, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Section 107, and other federal and state laws allow trustees to seek compensation for lost or injured natural resources. Under CERCLA trustees act on behalf of their constituencies.
The Department of Interior has created an optional process called a Natural Resource Damage Assessment (NRDA) through which trustees may determine the nature and extent of injuries to natural resources, develop strategies to restore the resource losses, and seek the funds to carry out the restoration (DOI NRDA Regulations).
At Hanford, the responsible trustees formed a Trustee Council in advance of the damage assessment process to facilitate the coordination and cooperation of the Trustees in their efforts in restoring, and minimizing impacts to, natural resources injured as a result of, or during clean up of, releases associated with the Hanford Site. (See History).
The Hanford Natural Resource Trustee Council was created by the following Memorandum of Agreement and operates under the following by-laws.