[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: 15CFR990.45]

[Page 393]
 
                  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. 990.45  Administrative record.

    (a) If trustees decide to proceed with restoration planning, they 
must open a publicly available administrative record to document the 
basis for their decisions pertaining to restoration. The administrative 
record should be opened concurrently with the publication of the Notice 
of Intent to Conduct Restoration Planning. Depending on the nature and 
extent of the incident and assessment, the administrative record should 
include documents relied upon during the assessment, such as:
    (1) Any notice, draft and final restoration plans, and public 
comments;
    (2) Any relevant data, investigation reports, scientific studies, 
work plans, quality assurance plans, and literature; and
    (3) Any agreements, not otherwise privileged, among the 
participating trustees or with the responsible parties.
    (b) Federal trustees should maintain the administrative record in a 
manner consistent with the Administrative Procedure Act, 5 U.S.C. 551-
59, 701-06.