[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: 15CFR990.54]



[Page 393]

 

                  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 E_Restoration Planning Phase

 

Sec. 990.54  Restoration selection--evaluation of alternatives.



    (a) Evaluation standards. Once trustees have developed a reasonable 

range of restoration alternatives under Sec. 990.53 of this part, they 

must evaluate the proposed alternatives based on, at a minimum:

    (1) The cost to carry out the alternative;

    (2) The extent to which each alternative is expected to meet the 

trustees' goals and objectives in returning the injured natural 

resources and services to baseline and/or compensating for interim 

losses;

    (3) The likelihood of success of each alternative;

    (4) The extent to which each alternative will prevent future injury 

as a result of the incident, and avoid collateral injury as a result of 

implementing the alternative;

    (5) The extent to which each alternative benefits more than one 

natural resource and/or service; and

    (6) The effect of each alternative on public health and safety.

    (b) Preferred restoration alternatives. Based on an evaluation of 

the factors under paragraph (a) of this section, trustees must select a 

preferred restoration alternative(s). If the trustees conclude that two 

or more alternatives are equally preferable based on these factors, the 

trustees must select the most cost-effective alternative.

    (c) Pilot projects. Where additional information is needed to 

identify and evaluate the feasibility and likelihood of success of 

restoration alternatives, trustees may implement restoration pilot 

projects. Pilot projects should only be undertaken when, in the judgment 

of the trustees, these projects are likely to provide the information, 

described in paragraph (a) of this section, at a reasonable cost and in 

a reasonable time frame.