[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR990.41]

[Page 390]
 
                  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 D_Preassessment Phase
 
Sec. 990.41  Determination of jurisdiction.

    (a) Determination of jurisdiction. Upon learning of an incident, 
trustees must determine whether there is jurisdiction to pursue 
restoration under OPA. To make this determination, trustees must decide 
if:
    (1) An incident has occurred, as defined in Sec. 990.30 of this 
part;
    (2) The incident is not:
    (i) Permitted under a permit issued under federal, state, or local 
law; or
    (ii) From a public vessel; or
    (iii) From an onshore facility subject to the Trans-Alaska Pipeline 
Authority Act, 43 U.S.C. 1651, et seq.; and
    (3) Natural resources under the trusteeship of the trustee may have 
been, or may be, injured as a result of the incident.
    (b) Proceeding with preassessment. If the conditions listed in 
paragraph (a) of this section are met, trustees may proceed under this 
part. If one of the conditions is not met, trustees may not take 
additional action under this part, except action to finalize this 
determination. Trustees may recover all reasonable assessment costs 
incurred up to this point provided that conditions in paragraphs (a)(1) 
and (a)(2) of this section were met and actions were taken with the 
reasonable belief that natural resources or services under their 
trusteeship might have been injured as a result of the incident.