[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: 15CFR990.56]

[Page 397-398]
 
                  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. 990.56  Restoration selection--use of a Regional Restoration Plan 
or existing restoration project.

    (a) General. Trustees may consider using a Regional Restoration Plan 
or existing restoration project where such a plan or project is 
determined to be the preferred alternative among a range of feasible 
restoration alternatives for an incident, as determined under Sec. 
990.54 of this part. Such plans or projects must be capable of 
fulfilling OPA's intent for the trustees to restore, rehabilitate, 
replace, or acquire the equivalent of the injured natural resources and 
services and compensate for interim losses.
    (b) Existing plans or projects--(1) Considerations. Trustees may 
select a component of a Regional Restoration Plan or an existing 
restoration project as the preferred alternative, provided that the plan 
or project:
    (i) Was developed with public review and comment or is subject to 
public review and comment under this part;
    (ii) Will adequately compensate the environment and public for 
injuries resulting from the incident;
    (iii) Addresses, and is currently relevant to, the same or 
comparable natural resources and services as those identified as having 
been injured; and
    (iv) Allows for reasonable scaling relative to the incident.
    (2) Demand. (i) If the conditions of paragraph (b)(1) of this 
section are met, the trustees must invite the responsible parties to 
implement that component of the Regional Restoration Plan or existing 
restoration project, or advance to the trustees the trustees' reasonable 
estimate of the cost of implementing that component of the Regional 
Restoration Plan or existing restoration project.
    (ii) If the conditions of paragraph (b)(1) of this section are met, 
but the trustees determine that the scale of the existing plan or 
project is greater than the scale of compensation required by the 
incident, trustees may only request funding from the responsible parties 
equivalent to the scale of the restoration determined to be appropriate 
for the incident of concern. Trustees may pool such partial recoveries 
until adequate funding is available to successfully implement the 
existing plan or project.
    (3) Notice of Intent To Use a Regional Restoration Plan or Existing 
Restoration Project. If trustees intend to use an appropriate component 
of a Regional Restoration Plan or existing restoration project, they 
must prepare a Notice of Intent to Use a Regional Restoration Plan or 
Existing Restoration Project. Trustees must make a copy of the notice 
publicly available. The notice must include, at a minimum:

[[Page 398]]

    (i) A description of the nature, degree, and spatial and temporal 
extent of injuries; and
    (ii) A description of the relevant component of the Regional 
Restoration Plan or existing restoration project; and
    (iii) An explanation of how the conditions set forth in paragraph 
(b)(1) of this section are met.