NO. 88-02

WHEREAS, Section 107(f)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERC-LA, 42 USCA 9601 et seq.) as amended, states that injury to, destruction of, or loss of natural resources as defined in the statute allows for liability to the U.S. Government and to any state for the harm to such resources; and

WHEREAS , Section 107(f)(2)(B) calls for the designation of federal and state officials by: "The Governor of each state who shall designate state officials who may act on behalf of the public as trustees for natural resources under this Act and Section 311 of the Federal Water Pollution Control Act.... Such state official shall assess damages to natural resources for the purposes of this Act and such subsection 311 for those natural resources under their trusteeship..."; and

WHEREAS, the Department of Natural Resources currently has claims for natural resource damages filed by the Attorney General under CERCLA guidelines; and

WHEREAS, the Governor may appoint the trustee who will have the authority to claim reimbursement for natural resource damages.

NOW, THEREFORE, I, JOHN ASHCROFT, GOVERNOR OF THE STATE OF MISSOURI, do hereby appoint the Director of the Missouri Department of Natural Resources as the state trustee for natural resources. All state agencies having responsibility for natural resources shall include any claim for reimbursement for damages to said resources as one claim to be presented to the Attorney General for possible legal action. Any reimbursement or, mitigation for such damage claims shall be returned to the agency submitting the particular claim to the state trustee.

This Order shall be effective immediately and shall remain in effect until terminated by my further Order.

  IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 28th day of July, 1988.
  [John Ashcroft's signature]


[Roy D. Blunt's signature]

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