[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: 15CFR990.44]

[Page 390-391]
 
                  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. 990.44  Notice of Intent to Conduct Restoration Planning.

    (a) General. If trustees determine that all the conditions under 
Sec. 990.42(a) of this part are met and trustees decide to proceed with 
the natural resource damage assessment, they must prepare a Notice of 
Intent to Conduct Restoration Planning.
    (b) Contents of the notice. The Notice of Intent to Conduct 
Restoration Planning must include a discussion of the trustees' analyses 
under Sec. Sec. 990.41 and 990.42 of this part. Depending on 
information available at this point, the notice may include the 
trustees' proposed strategy to assess injury and determine the type and 
scale of restoration. The contents of a notice may vary, but will 
typically discuss:
    (1) The facts of the incident;

[[Page 391]]

    (2) Trustee authority to proceed with the assessment;
    (3) Natural resources and services that are, or are likely to be, 
injured as a result of the incident;
    (4) Potential restoration actions relevant to the expected injuries; 
and
    (5) If determined at the time, potential assessment procedures to 
evaluate the injuries and define the appropriate type and scale of 
restoration for the injured natural resources and services.
    (c) Public availability of the notice. Trustees must make a copy of 
the Notice of Intent to Conduct Restoration Planning publicly available. 
The means by which the notice is made publicly available and whether 
public comments are solicited on the notice will depend on the nature 
and extent of the incident and various information requirements, and is 
left to the discretion of the trustees.
    (d) Delivery of the notice to the responsible parties. Trustees must 
send a copy of the notice to the responsible parties, to the extent 
known, in such a way as will establish the date of receipt, and invite 
responsible parties' participation in the conduct of restoration 
planning. Consistent with Sec. 990.14(c) of this part, the 
determination of the timing, nature, and extent of responsible party 
participation will be determined by the trustees on an incident-specific 
basis.