[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: 15CFR990.45]



[Page 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. 990.45  Administrative record.



    (a) If trustees decide to proceed with restoration planning, they 

must open a publicly available administrative record to document the 

basis for their decisions pertaining to restoration. The administrative 

record should be opened concurrently with the publication of the Notice 

of Intent to Conduct Restoration Planning. Depending on the nature and 

extent of the incident and assessment, the administrative record should 

include documents relied upon during the assessment, such as:

    (1) Any notice, draft and final restoration plans, and public 

comments;

    (2) Any relevant data, investigation reports, scientific studies, 

work plans, quality assurance plans, and literature; and

    (3) Any agreements, not otherwise privileged, among the 

participating trustees or with the responsible parties.

    (b) Federal trustees should maintain the administrative record in a 

manner consistent with the Administrative Procedure Act, 5 U.S.C. 551-

59, 701-06.