[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: 15CFR990.14]



[Page 380-381]

 

                  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. 990.14  Coordination.



    (a) Trustees. (1) If an incident affects the interests of multiple 

trustees, the trustees should act jointly under this part to ensure that 

full restoration is achieved without double recovery of damages. For 

joint assessments, trustees must designate one or more Lead 

Administrative Trustee(s) to act as coordinators.

    (2) If there is a reasonable basis for dividing the natural resource 

damage assessment, trustees may act independently under this part, so 

long as there is no double recovery of damages.

    (3) Trustees may develop pre-incident or incident-specific memoranda 

of understanding to coordinate their activities.

    (b) Response agencies. Trustees must coordinate their activities 

conducted concurrently with response operations with response agencies 

consistent with the NCP and any pre-incident plans developed under Sec. 

990.15(a) of this part. Trustees may develop pre-incident memoranda of 

understanding to coordinate their activities with response agencies.

    (c) Responsible parties--(1) Invitation. Trustees must invite the 

responsible parties to participate in the natural resource damage 

assessment described in this part. The invitation to participate should 

be in writing, and a written response by the responsible parties is 

required to confirm the desire to participate.

    (2) Timing. The invitation to participate should be extended to 

known responsible parties as soon as practicable, but not later than the 

delivery of the ``Notice of Intent to Conduct Restoration Planning,'' 

under Sec. 990.44 of this part, to the responsible party.

    (3) Agreements. Trustees and responsible parties should consider 

entering into binding agreements to facilitate their interactions and 

resolve any disputes during the assessment. To maximize cost-

effectiveness and cooperation, trustees and responsible parties should 

attempt to develop a set of agreed-upon facts concerning the incident 

and/or assessment.

    (4) Nature and extent of participation. If the responsible parties 

accept the invitation to participate, the scope of that participation 

must be determined by the trustees, in light of the considerations in 

paragraph (c)(5) of this section. At a minimum, participation will 

include notice of trustee determinations required under this part, and 

notice and opportunity to comment on documents or plans that 

significantly affect the nature and extent of the assessment. Increased 

levels of participation by responsible parties may be developed at the 

mutual agreement of the trustees and the responsible parties. Trustees 

will objectively consider all written comments provided by the 

responsible parties, as well as any other recommendations or proposals 

that the responsible parties submit in writing to the Lead 

Administrative Trustee. Submissions by the responsible parties



[[Page 381]]



will be included in the administrative record. Final authority to make 

determinations regarding injury and restoration rest solely with the 

trustees. Trustees may end participation by responsible parties who, 

during the conduct of the assessment, in the sole judgment of the 

trustees, cause interference with the trustees' ability to fulfill their 

responsibilities under OPA and this part.

    (5) Considerations. In determining the nature and extent of 

participation by the responsible parties or their representatives, 

trustees may consider such factors as:

    (i) Whether the responsible parties have been identified;

    (ii) The willingness of responsible parties to participate in the 

assessment;

    (iii) The willingness of responsible parties to fund assessment 

activities;

    (iv) The willingness and ability of responsible parties to conduct 

assessment activities in a technically sound and timely manner and to be 

bound by the results of jointly agreed upon studies;

    (v) The degree of cooperation of the responsible parties in the 

response to the incident; and

    (vi) The actions of the responsible parties in prior assessments.

    (6) Request for alternative assessment procedures. (i) The 

participating responsible parties may request that trustees use 

assessment procedures other than those selected by the trustees if the 

responsible parties:

    (A) Identify the proposed procedures to be used that meet the 

requirements of Sec. 990.27 of this part, and provide reasons 

supporting the technical adequacy and appropriateness of such procedures 

for the incident and associated injuries;

    (B) Advance to the trustees the trustees' reasonable estimate of the 

cost of using the proposed procedures; and

    (C) Agree not to challenge the results of the proposed procedures. 

The request from the responsible parties may be made at any time, but no 

later than, fourteen (14) days of being notified of the trustees' 

proposed assessment procedures for the incident or the injury.

    (ii) Trustees may reject the responsible parties' proposed 

assessment procedures if, in the sole judgment of the trustees, the 

proposed assessment procedures:

    (A) Are not technically feasible;

    (B) Are not scientifically or technically sound;

    (C) Would inadequately address the natural resources and services of 

concern;

    (D) Could not be completed within a reasonable time frame; or

    (E) Do not meet the requirements of Sec. 990.27 of this part.

    (7) Disclosure. Trustees must document in the administrative record 

and Restoration Plan the invitation to the responsible parties to 

participate, and briefly describe the nature and extent of the 

responsible parties' participation. If the responsible parties' 

participation is terminated during the assessment, trustees must provide 

a brief explanation of this decision in the administrative record and 

Restoration Plan.

    (d) Public. Trustees must provide opportunities for public 

involvement after the trustees' decision to develop restoration plans or 

issuance of any notices to that effect, as provided in Sec. 990.55 of 

this part. Trustees may also provide opportunities for public 

involvement at any time prior to this decision if such involvement may 

enhance trustees' decisionmaking or avoid delays in restoration.