[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: 15CFR990.62]



[Page 395-396]

 

                  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 F_Restoration Implementation Phase

 

Sec. 990.62  Presenting a demand.



    (a) General. After closing the administrative record for restoration 

planning, trustees must present a written demand to the responsible 

parties. Delivery of the demand should be made in a manner that 

establishes the date of receipt by the responsible parties.

    (b) When a Final Restoration Plan has been developed. Except as 

provided in paragraph (c) of this section and in Sec. 990.14(c) of this 

part, the demand must invite the responsible parties to either:

    (1) Implement the Final Restoration Plan subject to trustee 

oversight and reimburse the trustees for their assessment and oversight 

costs; or

    (2) Advance to the trustees a specified sum representing all trustee 

direct and indirect costs of assessment and restoration, discounted as 

provided in Sec. 990.63(a) of this part.

    (c) Regional Restoration Plan or existing restoration project. When 

the trustees use a Regional Restoration Plan or an existing restoration 

project under Sec. 990.56 of this part, the demand will invite the 

responsible parties to implement a component of a Regional Restoration 

Plan or existing restoration project, or advance the trustees' estimate 

of damages based on the scale of the restoration determined to be 

appropriate for the incident of concern, which may be the entire project 

or a portion thereof.

    (d) Response to demand. The responsible parties must respond within 

ninety (90) calendar days in writing by paying or providing binding 

assurance they will reimburse trustees' assessment costs and implement 

the plan or pay assessment costs and the trustees' estimate of the costs 

of implementation.

    (e) Additional contents of demand. The demand must also include:

    (1) Identification of the incident from which the claim arises;

    (2) Identification of the trustee(s) asserting the claim and a 

statement of the statutory basis for trusteeship;

    (3) A brief description of the injuries for which the claim is being 

brought;

    (4) An index to the administrative record;

    (5) The Final Restoration Plan or Notice of Intent to Use a Regional 

Restoration Plan or Existing Restoration Project; and

    (6) A request for reimbursement of:



[[Page 396]]



    (i) Reasonable assessment costs, as defined in Sec. 990.30 of this 

part and discounted as provided in Sec. 990.63(b) of this part;

    (ii) The cost, if any, of conducting emergency restoration under 

Sec. 990.26 of this part, discounted as provided in Sec. 990.63(b) of 

this part; and

    (iii) Interest on the amounts recoverable, as provided in section 

1005 of OPA (33 U.S.C. 2705), which allows for prejudgment and post-

judgment interest to be paid at a commercial paper rate, starting from 

thirty (30) calendar days from the date a demand is presented until the 

date the claim is paid.

    (f) Cost accounting procedures. Trustees must use methods consistent 

with generally accepted accounting principles and the requirements of 

Sec. 990.27 of this part in determining past assessment and restoration 

costs incurred by trustees. When cost accounting for these costs, 

trustees must compound these costs using the guidance in Sec. 990.63(b) 

of this part.

    (g) Cost estimating procedures. Trustees must use methods consistent 

with generally accepted cost estimating principles and meet the 

standards of Sec. 990.27 of this part in estimating future costs that 

will be incurred to implement a restoration plan. Trustees also must 

apply discounting methodologies in estimating costs using the guidance 

in Sec. 990.63(a) of this part.



[61 FR 500, Jan. 5, 1996, as amended at 67 FR 61493, Oct. 1, 2002]