[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: 43CFR11.91]

[Page 293-294]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 11--NATURAL RESOURCE DAMAGE ASSESSMENTS--Table of Contents
 
                    Subpart F--Post-Assessment Phase
 
Sec. 11.91  How does the authorized official seek recovery of the assessed damages from the potentially responsible party?

    (a) At the conclusion of the assessment, the authorized official 
must present to the potentially responsible party a demand in writing 
for the damages determined in accordance with this part and the 
reasonable cost of the assessment. [See Sec. 11.92(b) to determine how 
the authorized official must adjust damages if he or she plans to place 
recovered funds in a non-interest-bearing account.] The authorized 
official must deliver the demand in a manner that establishes the date 
of receipt. The demand shall adequately identify the Federal or State 
agency or Indian tribe asserting the claim, the general location and 
description of the injured resource, the type of discharge or release 
determined to have resulted in the injuries, and the damages sought from 
that party.
    (b) Report of assessment. The demand letter shall include the Report 
of Assessment as an attachment.
    (c) Rebuttable presumption. When performed by a Federal or State 
official in accordance with this part, the natural resource damage 
assessment and the resulting Damage Determination supported by a 
complete administrative record of the assessment including the Report of 
Assessment as described in Sec. 11.90 of this part shall have the force 
and effect of a rebuttable presumption on behalf of any Federal or State 
claimant in any judicial or adjudicatory administrative proceeding under 
CERCLA, or section 311 of the CWA.
    (d) Potentially responsible party response. The authorized official 
should allow at least 60 days from receipt of the demand by the 
potentially responsible party, with reasonable extensions granted as 
appropriate, for the potentially responsible party to acknowledge and 
respond to the demand, prior to filing suit. In cases governed by 
section 113(g) of CERCLA, the authorized official may include a notice 
of intent to file suit and must allow at least 60 days from receipt of 
the demand by the

[[Page 294]]

potentially responsible party, with reasonable extensions granted as 
appropriate, for the potentially responsible party to acknowledge and 
respond to the demand, prior to filing suit.
    (e) Statute of limitations. For the purposes of section 113(g) of 
CERCLA, the date on which regulations are promulgated under section 
301(c) of CERCLA is the date on which the later of the revisions to the 
type A rule and the type B rule, pursuant to State of Colorado v. United 
States Department of the Interior, 880 F.2d 481 (D.C. Cir. 1989), and 
State of Ohio v. United States Department of the Interior, 880 F.2d 432 
(D.C. Cir. 1989), is published as a final rule in the Federal Register.

[53 FR 5176, Feb. 22, 1988, as amended at 59 FR 14287, Mar. 25, 1994; 61 
FR 20612, May 7, 1996]