[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: 15CFR990.42]



[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. 990.42  Determination to conduct restoration planning.



    (a) Determination on restoration planning. If trustees determine 

that there is jurisdiction to pursue restoration under OPA, trustees 

must determine whether:

    (1) Injuries have resulted, or are likely to result, from the 

incident;

    (2) Response actions have not adequately addressed, or are not 

expected to address, the injuries resulting from the incident; and

    (3) Feasible primary and/or compensatory restoration actions exist 

to address the potential injuries.

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

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

990.44 of this part. If one of these conditions is not met, trustees may 

not take additional action under this part, except action to finalize 

this determination. However, trustees may recover all reasonable 

assessment costs incurred up to this point.