[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: 15CFR990.27]



[Page 385]

 

                  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.