[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: 15CFR990.41]



[Page 389]

 

                  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. 990.41  Determination of jurisdiction.



    (a) Determination of jurisdiction. Upon learning of an incident, 

trustees must determine whether there is jurisdiction to pursue 

restoration under OPA. To make this determination, trustees must decide 

if:

    (1) An incident has occurred, as defined in Sec. 990.30 of this 

part;

    (2) The incident is not:

    (i) Permitted under a permit issued under federal, state, or local 

law; or

    (ii) From a public vessel; or

    (iii) From an onshore facility subject to the Trans-Alaska Pipeline 

Authority Act, 43 U.S.C. 1651, et seq.; and

    (3) Natural resources under the trusteeship of the trustee may have 

been, or may be, injured as a result of the incident.

    (b) Proceeding with preassessment. If the conditions listed in 

paragraph (a) of this section are met, trustees may proceed under this 

part. If one of the conditions is not met, trustees may not take 

additional action under this part, except action to finalize this 

determination. Trustees may recover all reasonable assessment costs 

incurred up to this point provided that conditions in paragraphs (a)(1) 

and (a)(2) of this section were met and actions were taken with the 

reasonable belief that natural resources or services under their 

trusteeship might have been injured as a result of the incident.