[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR11.80]

[Page 285-286]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 11--NATURAL RESOURCE DAMAGE ASSESSMENTS--Table of Contents
 
                      Subpart E--Type B Procedures
 
Sec. 11.80  Damage determination phase--general.

    (a) Requirement. (1) The authorized official shall make his damage 
determination by estimating the monetary damages resulting from the 
discharge of oil or release of a hazardous substance based upon the 
information provided in the Quantification phase and the guidance 
provided in this Damage Determination phase.
    (2) The Damage Determination phase consists of Sec. 11.80--general; 
Sec. 11.81--Restoration and Compensation Determination Plan; Sec. 11.82-
-alternatives for restoration, rehabilitation, replacement, and/or 
acquisition of equivalent resources; Sec. 11.83--cost estimating and 
valuation methodologies; and Sec. 11.84--implementation guidance, of 
this part.
    (b) Purpose. The purpose of the Damage Determination phase is to 
establish the amount of money to be sought in compensation for injuries 
to natural resources resulting from a discharge of oil or release of a 
hazardous substance. The measure of damages is the cost of restoration, 
rehabilitation, replacement, and/or acquisition of the equivalent of the 
injured natural resources and the services those resources provide. 
Damages may also include, at the discretion of the authorized official, 
the compensable value of all or a portion of the services lost to the 
public for the time period from the discharge or release until the 
attainment of the restoration, rehabilitation, replacement, and/or 
acquisition of equivalent of the resources and their services to 
baseline.
    (c) Steps in the Damage Determination phase. The authorized official 
shall develop a Restoration and Compensation Determination Plan, 
described in Sec. 11.81 of this part. To prepare this Restoration and 
Compensation Determination Plan, the authorized official shall develop a 
reasonable number of possible alternatives for restoration, 
rehabilitation, replacement, and/or acquisition of

[[Page 286]]

equivalent resources and select, pursuant to the guidance of Sec. 11.82 
of this part, the most appropriate of those alternatives; and identify 
the cost estimating and valuation methodologies, described in Sec. 11.83 
of this part, that will be used to calculate damages. The guidance 
provided in Sec. 11.84 of this part shall be followed in implementing 
the cost estimating and valuation methodologies. After public review of 
the Restoration and Compensation Determination Plan, the authorized 
official shall implement the Restoration and Compensation Determination 
Plan.
    (d) Completion of the Damage Determination phase. Upon completion of 
the Damage Determination phase, the type B assessment is completed. The 
results of the Damage Determination phase shall be documented in the 
Report of Assessment described in Sec. 11.90 of this part.

[59 FR 14283, Mar. 25, 1994]