[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR990.62]

[Page 392-393]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 990--NATURAL RESOURCE DAMAGE ASSESSMENTS--Table of Contents
 
               Subpart F--Restoration Implementation Phase
 
Sec. 990.62  Presenting a demand.

    (a) General. After closing the administrative record for restoration 
planning, trustees must present a written demand to the responsible 
parties. Delivery of the demand should be made in a manner that 
establishes the date of receipt by the responsible parties.
    (b) When a Final Restoration Plan has been developed. Except as 
provided in paragraph (c) of this section and in Sec. 990.14(c) of this 
part, the demand must invite the responsible parties to either:
    (1) Implement the Final Restoration Plan subject to trustee 
oversight and reimburse the trustees for their assessment and oversight 
costs; or
    (2) Advance to the trustees a specified sum representing all trustee 
direct and indirect costs of assessment and restoration, discounted as 
provided in Sec. 990.63(a) of this part.
    (c) Regional Restoration Plan or existing restoration project. When 
the trustees use a Regional Restoration Plan or an existing restoration 
project under Sec. 990.56 of this part, the demand will invite the 
responsible parties to implement a component of a Regional Restoration 
Plan or existing restoration project, or advance the trustees' estimate 
of damages based on the scale of the restoration determined to be 
appropriate for the incident of concern, which may be the entire project 
or a portion thereof.
    (d) Response to demand. The responsible parties must respond within 
ninety (90) calendar days in writing by paying or providing binding 
assurance they will reimburse trustees' assessment costs and implement 
the plan or pay assessment costs and the trustees' estimate of the costs 
of implementation.
    (e) Additional contents of demand. The demand must also include:
    (1) Identification of the incident from which the claim arises;
    (2) Identification of the trustee(s) asserting the claim and a 
statement of the statutory basis for trusteeship;
    (3) A brief description of the injuries for which the claim is being 
brought;
    (4) An index to the administrative record;
    (5) The Final Restoration Plan or Notice of Intent to Use a Regional 
Restoration Plan or Existing Restoration Project; and
    (6) A request for reimbursement of:

[[Page 393]]

    (i) Reasonable assessment costs, as defined in Sec. 990.30 of this 
part and discounted as provided in Sec. 990.63(b) of this part;
    (ii) The cost, if any, of conducting emergency restoration under 
Sec. 990.26 of this part, discounted as provided in Sec. 990.63(b) of 
this part; and
    (iii) Interest on the amounts recoverable, as provided in section 
1005 of OPA (33 U.S.C. 2705), which allows for prejudgment and post-
judgment interest to be paid at a commercial paper rate, starting from 
thirty (30) calendar days from the date a demand is presented until the 
date the claim is paid.
    (f) Cost accounting procedures. Trustees must use methods consistent 
with generally accepted accounting principles and the requirements of 
Sec. 990.27 of this part in determining past assessment and restoration 
costs incurred by trustees. When cost accounting for these costs, 
trustees must compound these costs using the guidance in Sec. 990.63(b) 
of this part.
    (g) Cost estimating procedures. Trustees must use methods consistent 
with generally accepted cost estimating principles and meet the 
standards of Sec. 990.27 of this part in estimating future costs that 
will be incurred to implement a restoration plan. Trustees also must 
apply discounting methodologies in estimating costs using the guidance 
in Sec. 990.63(a) of this part.

[61 FR 500, Jan. 5, 1996, as amended at 67 FR 61493, Oct. 1, 2002]