[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR990.27]

[Page 388]
 
                  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 B_Authorities
 
Sec. 990.27  Use of assessment procedures.

    (a) Standards for assessment procedures. Any procedures used 
pursuant to this part must comply with all of the following standards if 
they are to be in accordance with this part:
    (1) The procedure must be capable of providing assessment 
information of use in determining the type and scale of restoration 
appropriate for a particular injury;
    (2) The additional cost of a more complex procedure must be 
reasonably related to the expected increase in the quantity and/or 
quality of relevant information provided by the more complex procedure; 
and
    (3) The procedure must be reliable and valid for the particular 
incident.
    (b) Assessment procedures available. (1) The range of assessment 
procedures available to trustees includes, but is not limited to:
    (i) Procedures conducted in the field;
    (ii) Procedures conducted in the laboratory;
    (iii) Model-based procedures, including type A procedures identified 
in 43 CFR part 11, subpart D, and compensation formulas/schedules; and
    (iv) Literature-based procedures.
    (2) Trustees may use the assessment procedures in paragraph (b)(1) 
of this section alone, or in any combination, provided that the 
standards in paragraph (a) of this section are met, and there is no 
double recovery.
    (c) Selecting assessment procedures. (1) When selecting assessment 
procedures, trustees must consider, at a minimum:
    (i) The range of procedures available under paragraph (b) of this 
section;
    (ii) The time and cost necessary to implement the procedures;
    (iii) The potential nature, degree, and spatial and temporal extent 
of the injury;
    (iv) The potential restoration actions for the injury; and
    (v) The relevance and adequacy of information generated by the 
procedures to meet information requirements of restoration planning.
    (2) If a range of assessment procedures providing the same type and 
quality of information is available, the most cost-effective procedure 
must be used.