UNITED STATES DISTRICT COURT DISTRICT OF ALASKA ) ) ) ) ) ) ) ) ) ) )

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1 Case 3:91-cv HRH Document 324 Filed 10/28/11 Page 1 of 5 JOHN J. BURNS ATTORNEY GENERAL JENNIFER L. SCHORR Assistant Attorney General State of Alaska Department of Law 1031 West Fourth Avenue, Suite 200 Anchorage, Alaska Telephone: (907) Facsimile: (907) Jennifer.Schorr@alaska.gov Attorneys for the State of Alaska UNITED STATES DISTRICT COURT DISTRICT OF ALASKA STATE OF ALASKA, v. Plaintiff, EXXON CORPORATION, and EXXON SHIPPING COMPANY, Defendants. ) ) ) ) ) ) ) ) ) ) ) No. 3:91-CV-0083 (HRH) FORTY-SIXTH JOINT NOTICE OF EXPENDITURES FROM FROM THE INVESTMENT FUND AND FROM MONIES PREVIOUSLY DISBURSED The United States and the State of Alaska ( the Governments ) jointly provide this notice of their expenditure of $8,889,257 from the Research Sub-Account of the Exxon Valdez Oil Spill Investment Fund ( Investment Fund ), $192,274 from the Habitat Sub- Account of the Investment Fund, and of $1,200,000 in settlement funds previously disbursed from the Investment Fund that was distributed to the State of Alaska s General Funds and Other Non-Segregated Investments Accounts. The Governments natural resource trustee agencies will use these funds for purposes consistent with the Memorandum of Agreement

2 Case 3:91-cv HRH Document 324 Filed 10/28/11 Page 2 of 5 and Consent Decree entered by this Court in United States v. State of Alaska, No. A CIV (D. Alaska) on August 28, 1991 ( MOA ). On September 25, 1991, the United States and the State of Alaska settled their claims against the Exxon Corporation, Exxon Shipping Company, Exxon Pipeline Company, and the T/V Exxon Valdez arising from the Exxon Valdez Oil Spill ( EVOS ). All funds resulting from these settlements were subsequently ordered by this Court to be placed in an interest-bearing account in the Court Registry Investment System ( CRIS ) administered through the United States District Court for the Southern District of Texas. On June 7, 2000, this Court entered its Third Amended Order for Deposit and Transfer of Settlement Proceeds ( Third Amended Order ). The Third Amended Order allows the Governments the option of investing the money in an account outside the United States Treasury. On September 29, 2000, upon application by the Governments, the Court entered an Order Re: Transfer of Funds from the Exxon Valdez Liquidity Account and the Reserve Fund to an Investment Fund Within the Alaska Department of Revenue, Division of Treasury, authorizing transfer of settlement proceeds to an account within the State. On October 5, 2000, all funds and securities were transferred from the CRIS to the Investment Fund. The Third Amended Order further allows the Governments to establish separate subaccounts within the primary account as the Trustee Council determines appropriate. On October 1, 2002, three sub-accounts were created in the Investment Fund: the Research Investment Sub-Account, the Habitat Investment Sub-Account, and the Koniag Investment Sub-Account. These sub-accounts were established to carry out the Trustee Council s decision in its Resolution of March 1, 1999 to manage separately the remaining assets of the Joint Trust Funds for the specific purposes of funding a long term research and monitoring program, the acquisition of lands along the Karluk River, and the establishment of a fund to purchase small parcels of land that may become available in the future. Paragraph 27 of the Third Amended Order provides that funds in an Investment Fund shall remain on deposit in that Fund until such time as the EVOS FORTY-SIXTH JOINT NOTICE OF EXPENDITURES FROM INVESTMENT FUND (Case 3:91-CV-0082 (HRH)) Page 2 of 5

3 Case 3:91-cv HRH Document 324 Filed 10/28/11 Page 3 of 5 Trustees unanimously resolve to expend all or part of the funds. The funds may then be expended, for purposes consistent with the MOA, upon the joint notification of the Governments to the Investment Fund and the Court. The notification is to inform the Court of the proposed uses of the funds in the same manner and to the same extent as was the Governments practice when the funds were in the registry of the Court. 1 The Governments provide notice of this forty-sixth expenditure of $8,889,257 from the Research Sub-Account, $192,274 from the Habitat Sub-Account, and $1,200,000 in settlement funds previously disbursed, authorizing funding for necessary natural resource damage assessment and restoration activities for the Annual Program Development and Implementation Budget and the FFY 2012 Work Plan. 2 Funding from the Habitat Sub-Account is for the FFY 2012 Habitat Protection Program to support agency efforts including bringing viable parcel proposals to the Trustee Council for consideration and for due diligence activities. Of the $9,081,531 that is the subject of this Notice, $6,792,531 will be provided to the United States and $2,289,000 will be provided to the State of Alaska. The Trustee Council has met once since the Governments filing on August 30, 2011 of their Forty-Fifth Joint Notice of Expenditures. The Governments will submit the meeting notes for the September 15, 2011 meeting once they have been 1 A copy of the notice provided to the Investment Fund pursuant to paragraph 27 of the Third Amended Order for Deposit and Transfer of Settlement Proceeds is appended to this Notice as Attachment A, pp The Trustee Council unanimously authorized these funds, totaling $9,019,831, at its September 15, 2011 meeting as reflected in Resolution Regarding the FFY 2012 Work Plan, appended to this Notice at Attachment A, pp The Trustee Council also unanimously authorized additional funds of $61,700 for Irvine Project, A, Lingering Oil on Boulder-Armoured Beaches in the Gulf of Alaska, 22 Years After the Exxon Valdez Oil Spill at its September 15, 2011 meeting as reflected in Resolution 11-12, appended to this Notice at Attachment A, pp FORTY-FIFTH JOINT NOTICE OF EXPENDITURES FROM THE INVESTMENT FUND 3:91-CV-0083 (HRH) Page 3 of 5

4 Case 3:91-cv HRH Document 324 Filed 10/28/11 Page 4 of 5 approved by the Trustee Council. The meeting notes for the Trustee Council s April 19, 2011 meeting are appended to this Notice at Attachment B. Alaska. RESPECTFULLY SUBMITTED this 28 th day of October, 2011 at Anchorage, FOR THE STATE OF ALASKA JOHN J. BURNS ATTORNEY GENERAL By: s/jennifer L. SCHORR Assistant Attorney General State of Alaska Department of Law 1031 West Fourth Avenue, Suite 200 Anchorage, Alaska Telephone: (907) Facsimile: (907) Jennifer.Schorr@alaska.gov Alaska Bar # FOR THE UNITED STATES s/erika M. ZIMMERMAN (consent) Trial Attorney Environmental Enforcement Section Environment & Natural Resources Division United States Department of Justice c/o NOAA/Damage Assessment 7600 Sand Point Way, NE Seattle, Washington Telephone: (206) Facsimile: (907) Erika.Zimmerman@usdoj.gov FORTY-FIFTH JOINT NOTICE OF EXPENDITURES FROM THE INVESTMENT FUND 3:91-CV-0083 (HRH) Page 4 of 5

5 Case 3:91-cv HRH Document 324 Filed 10/28/11 Page 5 of 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the28th day of October, 2011, a copy of the foregoing FORTY-FOURTH JOINT NOTICE OF EXPENDITURES FROM THE INVESTMENT FUND, together with attachments A and B thereto, was served by U.S. mail, first class, postage paid, on the following: James F. Neal Neal & Harwell 2000 One Nashville Place 150 Forth Avenue North Nashville TN Christine O Sullivan AK Dept. of Fish & Game PO Box Juneau, AK Erika M. Zimmerman U.S. Department of Justice c/o NOAA/Damage Assessment 7600 Sand Point Way NE Seattle, WA s/leinalani Silvira Douglas J. Serdahely Patton Boggs LLP 601 W. 5 th Avenue, Suite 700 Anchorage, AK John F. Clough III Clough & Associates PO Box Auke Bay, AK Patrick Lynch O Melveny & Meyers 400 South Hope Street Los Angeles, CA Cherri Womac AK Dept. of Fish & Game Exxon Valdez Oil Spill Trustee Council Office 441 W. 5 th Ave., Suite 500 Anchorage, AK FORTY-FIFTH JOINT NOTICE OF EXPENDITURES FROM THE INVESTMENT FUND 3:91-CV-0083 (HRH) Page 5 of 5

6 Case 3:91-cv HRH Document 325 Filed 11/04/11 Page 1 of 3 JOHN J. BURNS ATTORNEY GENERAL JENNIFER L. SCHORR Assistant Attorney General State of Alaska Department of Law 1031 West Fourth Avenue, Suite 200 Anchorage, Alaska Telephone: (907) Facsimile: (907) Jennifer.Schorr@alaska.gov Attorneys for the State of Alaska UNITED STATES DISTRICT COURT DISTRICT OF ALASKA STATE OF ALASKA, v. Plaintiff, EXXON CORPORATION, and EXXON SHIPPING COMPANY, Defendants. ) ) ) ) ) ) ) ) ) ) ) No. 3:91-CV-0083 (HRH) NOTICE OF FILING AMENDED ATTACHMENT A Attached is our Amended Attachment A that was filed on October 28, 2011 with our FOURTY-SIXTH JOINT NOTICE OF EXPENDITURES FROM THE INVESTMENT FUND AND FROM MONIES PREVIOUSLY DISBURSED. The original Attachment A filed with the Notice contained a duplicate copy of Resolution

7 Case 3:91-cv HRH Document 325 Filed 11/04/11 Page 2 of 3 Anchorage, Alaska. RESPECTFULLY SUBMITTED this 4 th day of November, 2011 at FOR THE STATE OF ALASKA JOHN J. BURNS ATTORNEY GENERAL By: s/jennifer L. SCHORR Assistant Attorney General State of Alaska Department of Law 1031 West Fourth Avenue, Suite 200 Anchorage, Alaska Telephone: (907) Facsimile: (907) Jennifer.Schorr@alaska.gov Alaska Bar # FORTY-FIFTH JOINT NOTICE OF EXPENDITURES FROM THE INVESTMENT FUND 3:91-CV-0083 (HRH) Page 2 of 3

8 Case 3:91-cv HRH Document 325 Filed 11/04/11 Page 3 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 4th day of November, 2011, a copy of the foregoing NOTICE OF FILING AMENDED ATTACHMENT A, together with attachments A and B thereto, was served by U.S. mail, first class, postage paid, on the following: James F. Neal Neal & Harwell 2000 One Nashville Place 150 Forth Avenue North Nashville TN Christine O Sullivan AK Dept. of Fish & Game PO Box Juneau, AK Erika M. Zimmerman U.S. Department of Justice c/o NOAA/Damage Assessment 7600 Sand Point Way NE Seattle, WA s/samantha Christenson Douglas J. Serdahely Patton Boggs LLP 601 W. 5 th Avenue, Suite 700 Anchorage, AK John F. Clough III Clough & Associates PO Box Auke Bay, AK Patrick Lynch O Melveny & Meyers 400 South Hope Street Los Angeles, CA Cherri Womac AK Dept. of Fish & Game Exxon Valdez Oil Spill Trustee Council Office 441 W. 5 th Ave., Suite 500 Anchorage, AK FORTY-FIFTH JOINT NOTICE OF EXPENDITURES FROM THE INVESTMENT FUND 3:91-CV-0083 (HRH) Page 3 of 3

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