[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: 15CFR990.56]



[Page 394-395]

 

                  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. 990.56  Restoration selection--use of a Regional Restoration Plan 

or existing restoration project.



    (a) General. Trustees may consider using a Regional Restoration Plan 

or existing restoration project where such a plan or project is 

determined to be the preferred alternative among a range of feasible 

restoration alternatives for an incident, as determined under Sec. 

990.54 of this part. Such plans or projects must be capable of 

fulfilling OPA's intent for the trustees to restore, rehabilitate, 

replace, or acquire the equivalent of the injured natural resources and 

services and compensate for interim losses.

    (b) Existing plans or projects--(1) Considerations. Trustees may 

select a component of a Regional Restoration Plan or an existing 

restoration project as the preferred alternative, provided that the plan 

or project:

    (i) Was developed with public review and comment or is subject to 

public review and comment under this part;

    (ii) Will adequately compensate the environment and public for 

injuries resulting from the incident;

    (iii) Addresses, and is currently relevant to, the same or 

comparable natural resources and services as those identified as having 

been injured; and

    (iv) Allows for reasonable scaling relative to the incident.

    (2) Demand. (i) If the conditions of paragraph (b)(1) of this 

section are met, the trustees must invite the responsible parties to 

implement that component of the Regional Restoration Plan or existing 

restoration project, or advance to the trustees the trustees' reasonable 

estimate of the cost of implementing that component of the Regional 

Restoration Plan or existing restoration project.

    (ii) If the conditions of paragraph (b)(1) of this section are met, 

but the trustees determine that the scale of the existing plan or 

project is greater than the scale of compensation required by the 

incident, trustees may only request funding from the responsible parties 

equivalent to the scale of the restoration determined to be appropriate 

for the incident of concern. Trustees may pool such partial recoveries 

until adequate funding is available to successfully implement the 

existing plan or project.

    (3) Notice of Intent To Use a Regional Restoration Plan or Existing 

Restoration Project. If trustees intend to use an appropriate component 

of a Regional Restoration Plan or existing restoration project, they 

must prepare a Notice of Intent to Use a Regional Restoration Plan or 

Existing Restoration Project. Trustees must make a copy of the notice 

publicly available. The notice must include, at a minimum:



[[Page 395]]



    (i) A description of the nature, degree, and spatial and temporal 

extent of injuries; and

    (ii) A description of the relevant component of the Regional 

Restoration Plan or existing restoration project; and

    (iii) An explanation of how the conditions set forth in paragraph 

(b)(1) of this section are met.