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Richard B. Stewart Introduction: A Long-Term Land Use Management/Remediation/Restoration/ This memorandum summarizes some of the key legal and policy issues relating to potential natural resource damages (NRD) liabilities at DOE sites. It is based on a strategy that would integrate NRD considerations and restoration planning in remediation decision making, with the objective, at appropriate sites, of managing sites for long-term habitat and other ecological values. Indeed, under this strategy, it may often be difficult in many instances to distinguish remediation and restoration, reinforcing the need for a seamless process in which trustees are fully engaged and to which they and remedial authorities are committed. The strategy would include appropriate land use and institutional controls to limit development activities and public use. This future land use strategy would be consistent with a less intensive approach to remediation than if sites were open to development and unrestricted public use. Less intensive remediation would avoid short-term health risks to workers and others as well as the higher costs to taxpayers that would result from more ambitious remediation strategies. Furthermore, moderating the intensity of remediation would reduce short-term and long-term environmental harm and ecological disruption and consequent natural resource injuries and liabilities. Restoration planning would proceed jointly with remedial decision making. This strategy could reduce the burden on taxpayers of both remedial and restoration costs as well as provide significant environmental benefits to the public while protecting public health.
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