[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: 15CFR990.42]

[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. 990.42  Determination to conduct restoration planning.

    (a) Determination on restoration planning. If trustees determine 
that there is jurisdiction to pursue restoration under OPA, trustees 
must determine whether:
    (1) Injuries have resulted, or are likely to result, from the 
incident;
    (2) Response actions have not adequately addressed, or are not 
expected to address, the injuries resulting from the incident; and
    (3) Feasible primary and/or compensatory restoration actions exist 
to address the potential injuries.
    (b) Proceeding with preassessment. If the conditions listed in 
paragraph (a) of this section are met, trustees may proceed under Sec. 
990.44 of this part. If one of these conditions is not met, trustees may 
not take additional action under this part, except action to finalize 
this determination. However, trustees may recover all reasonable 
assessment costs incurred up to this point.