[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: 15CFR990.54]

[Page 394]
 
                  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 E_Restoration Planning Phase
 
Sec. 990.54  Restoration selection--evaluation of alternatives.

    (a) Evaluation standards. Once trustees have developed a reasonable 
range of restoration alternatives under Sec. 990.53 of this part, they 
must evaluate the proposed alternatives based on, at a minimum:
    (1) The cost to carry out the alternative;
    (2) The extent to which each alternative is expected to meet the 
trustees' goals and objectives in returning the injured natural 
resources and services to baseline and/or compensating for interim 
losses;
    (3) The likelihood of success of each alternative;
    (4) The extent to which each alternative will prevent future injury 
as a result of the incident, and avoid collateral injury as a result of 
implementing the alternative;
    (5) The extent to which each alternative benefits more than one 
natural resource and/or service; and
    (6) The effect of each alternative on public health and safety.
    (b) Preferred restoration alternatives. Based on an evaluation of 
the factors under paragraph (a) of this section, trustees must select a 
preferred restoration alternative(s). If the trustees conclude that two 
or more alternatives are equally preferable based on these factors, the 
trustees must select the most cost-effective alternative.
    (c) Pilot projects. Where additional information is needed to 
identify and evaluate the feasibility and likelihood of success of 
restoration alternatives, trustees may implement restoration pilot 
projects. Pilot projects should only be undertaken when, in the judgment 
of the trustees, these projects are likely to provide the information, 
described in paragraph (a) of this section, at a reasonable cost and in 
a reasonable time frame.