[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: 15CFR990.44]



[Page 389-390]

 

                  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. 990.44  Notice of Intent to Conduct Restoration Planning.



    (a) General. If trustees determine that all the conditions under 

Sec. 990.42(a) of this part are met and trustees decide to proceed with 

the natural resource damage assessment, they must prepare a Notice of 

Intent to Conduct Restoration Planning.

    (b) Contents of the notice. The Notice of Intent to Conduct 

Restoration Planning must include a discussion of the trustees' analyses 

under Sec. Sec. 990.41 and 990.42 of this part. Depending on 

information available at this point, the notice may include the 

trustees' proposed strategy to assess injury and determine the type and 

scale of restoration. The contents of a notice may vary, but will 

typically discuss:

    (1) The facts of the incident;



[[Page 390]]



    (2) Trustee authority to proceed with the assessment;

    (3) Natural resources and services that are, or are likely to be, 

injured as a result of the incident;

    (4) Potential restoration actions relevant to the expected injuries; 

and

    (5) If determined at the time, potential assessment procedures to 

evaluate the injuries and define the appropriate type and scale of 

restoration for the injured natural resources and services.

    (c) Public availability of the notice. Trustees must make a copy of 

the Notice of Intent to Conduct Restoration Planning publicly available. 

The means by which the notice is made publicly available and whether 

public comments are solicited on the notice will depend on the nature 

and extent of the incident and various information requirements, and is 

left to the discretion of the trustees.

    (d) Delivery of the notice to the responsible parties. Trustees must 

send a copy of the notice to the responsible parties, to the extent 

known, in such a way as will establish the date of receipt, and invite 

responsible parties' participation in the conduct of restoration 

planning. Consistent with Sec. 990.14(c) of this part, the 

determination of the timing, nature, and extent of responsible party 

participation will be determined by the trustees on an incident-specific 

basis.