[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR11.81]

[Page 267-268]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 11--NATURAL RESOURCE DAMAGE ASSESSMENTS--Table of Contents
 
                      Subpart E--Type B Procedures
 
Sec. 11.81  Damage determination phase--restoration and compensation determination plan.

    (a) Requirement. (1) The authorized official shall develop a 
Restoration and Compensation Determination Plan that will list a 
reasonable number of possible alternatives for restoration, 
rehabilitation, replacement, and/or acquisition of equivalent resources 
and the related services lost to the public associated with each; select 
one of the alternatives and the actions required to implement that 
alternative; give the rationale for selecting that alternative; and 
identify the methodologies that will be used to determine the costs of 
the selected alternative and, at the discretion of the authorized 
official, the compensable value of the services lost to the public 
associated with the selected alternative.
    (2) The Restoration and Compensation Determination Plan shall be of 
sufficient detail to evaluate the possible alternatives for the purpose 
of selecting the appropriate alternative to use in determining the cost 
of restoration, rehabilitation, replacement, and/or acquisition of 
equivalent resources for the injured natural resources and the services 
those resources provided, and, where relevant, the compensable value of 
the services lost to the public through the completion of the 
restoration, rehabilitation, replacement, and/or acquisition of 
equivalent resources and their services to the baseline.
    (b) The authorized official shall use the guidance in Secs. 11.82, 
11.83, and 11.84 of this part to develop the Restoration and 
Compensation Determination Plan.
    (c) The authorized official shall list the methodologies he expects 
to use to determine the costs of all actions considered within the 
selected alternative and, where relevant, the compensable value of the 
lost services through the recovery period associated with the selected 
alternative. The methodologies to use in determining costs and 
compensable value are described in Sec. 11.83 of this part.
    (d)(1) The Restoration and Compensation Determination Plan shall be 
part of the Assessment Plan developed in subpart B of this part. If 
existing data are not sufficient to develop the Restoration and 
Compensation Determination Plan at the time that the overall Assessment 
Plan is made available for public review and comment, the Restoration 
and Compensation Determination Plan may be developed later, after the 
completion of the Injury Determination or Quantification phases.
    (2) If the Restoration and Compensation Determination Plan is 
prepared later than the Assessment Plan, it shall be made available 
separately for public review by any identified potentially responsible 
party, other natural resource trustees, other affected Federal or State 
agencies or Indian tribes, and any other interested members of the 
public for a period of no less than 30 calendar days. Reasonable 
extensions may be granted as appropriate.
    (3) Comments received from any identified potentially responsible 
party, other natural resource trustees, other affected Federal or State 
agencies or Indian tribes, or any other interested members of the 
public, together with responses to those comments, shall be included as 
part of the Report of Assessment, described in Sec. 11.90 of this part.
    (4) Appropriate public review of the plan must be completed before 
the authorized official performs the methodologies listed in the 
Restoration and Compensation Determination Plan.
    (e) The Restoration and Compensation Determination Plan may be 
expanded to incorporate requirements from procedures required under 
other portions of CERCLA or the CWA or from other Federal, State, or 
tribal laws applicable to restoration, rehabilitation, replacement, and/
or acquisition of the equivalent of the injured resources or may be 
combined with other plans for related purposes, so long as

[[Page 268]]

the requirements of this section are fulfilled.

[59 FR 14283, Mar. 25, 1994]