[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR990.10]



[Page 379]

 

                  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 A_Introduction

 

Sec. 990.10  Purpose.









                         Subpart A_Introduction



Sec.

990.10 Purpose.

990.11 Scope.

990.12 Overview.

990.13 Rebuttable presumption.

990.14 Coordination.

990.15 Considerations to facilitate restoration.



                          Subpart B_Authorities



990.20 Relationship to the CERCLA natural resource damage assessment 

          regulations.

990.21 Relationship to the NCP.

990.22 Prohibition on double recovery.

990.23 Compliance with NEPA and the CEQ regulations.

990.24 Compliance with other applicable laws and regulations.

990.25 Settlement.

990.26 Emergency restoration.

990.27 Use of assessment procedures.



                          Subpart C_Definitions



990.30 Definitions.



                      Subpart D_Preassessment Phase



990.40 Purpose.

990.41 Determination of jurisdiction.

990.42 Determination to conduct restoration planning.

990.43 Data collection.

990.44 Notice of Intent to Conduct Restoration Planning.

990.45 Administrative record.



                  Subpart E_Restoration Planning Phase



990.50 Purpose.

990.51 Injury assessment--injury determination.

990.52 Injury assessment--quantification.

990.53 Restoration selection--developing restoration alternatives.

990.54 Restoration selection--evaluation of alternatives.

990.55 Restoration selection--developing restoration plans.

990.56 Restoration selection--use of a Regional Restoration Plan or 

          existing restoration project.



               Subpart F_Restoration Implementation Phase



990.60 Purpose.

990.61 Administrative record.

990.62 Presenting a demand.

990.63 Discounting and compounding.

990.64 Unsatisfied demands.

990.65 Opening an account for recovered damages.

990.66 Additional considerations.



    Authority: 33 U.S.C. 2701 et seq.



    Source: 61 FR 500, Jan. 5, 1996, unless otherwise noted.







    The goal of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. 2701 et 

seq., is to make the environment and public whole for injuries to 

natural resources and services resulting from an incident involving a 

discharge or substantial threat of a discharge of oil (incident).

    This goal is achieved through the return of the injured natural 

resources and services to baseline and compensation for interim losses 

of such natural resources and services from the date of the incident 

until recovery. The purpose of this part is to promote expeditious and 

cost-effective restoration of natural resources and services injured as 

a result of an incident. To fulfill this purpose, this part provides a 

natural resource damage assessment process for developing a plan for 

restoration of the injured natural resources and services and pursuing 

implementation or funding of the plan by responsible parties. This part 

also provides an administrative process for involving interested parties 

in the assessment, a range of assessment procedures for identifying and 

evaluating injuries to natural resources and services, and a means for 

selecting restoration actions from a reasonable range of alternatives.