C.F.R. » Title 43 » PART 11—NATURAL RESOURCE DAMAGE ASSESSMENTS › Subpart C—Assessment Plan Phase

43 C.F.R. § 11.36

May the trustee use both a Type A and Type B procedure for the same release?

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(a) The natural resource trustee may use both a Type A procedure and Type B procedure for the same release if:

(1) The Type B procedure is cost-effective and can be performed at a reasonable cost;

(2) There is no double recovery; and

(3) The Type B procedure is used only to determine damages for injuries or compensable values that are not addressed by the Type A procedure.

(b) The Type A procedure may be used to address any claim brought by a natural resource trustee.

(c) If a trustee elects to use both a Type A procedure and a Type B procedure, the Assessment Plan must explain how the double recovery will be prevented.

(d) When the trustee uses a Type B procedure for injuries not addressed in a Type A procedure, they must follow all of subpart E of this part (which contains standards for determining and quantifying injury as well as determining damages), § 11.31(c) (which addresses content of the Assessment Plan), and § 11.37 (which addresses confirmation of exposure). When the trustee uses a Type B procedure for compensable values that are not included in a Type A procedure but that result from injuries that are addressed in the Type A procedure, they need not follow all of subpart E and §§ 11.31(c) and 11.37. Instead, the trustee may rely on the injury predictions of the Type A procedure and simply use the valuation methodologies authorized by § 11.83(c) to calculate compensable value. When using valuation methodologies, the trustee must comply with § 11.84.

[91 FR 42878, July 13, 2026]
Notes of Decisions
Cited in 1 case, 1998–1998 · leading case: Nat'l Ass'n of Mfrs. v. United States Dep't of the Interior, 134 F.3d 1095 (D.C. Cir. 1998).
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Nat'l Ass'n of Mfrs. v. United States Dep't of the Interior, 134 F.3d 1095 (D.C. Cir. 1998). · cites it 2× “43 C.F.R. § 11.36 (a) (1996). If a trustee decides to use both kinds of procedures, it “must document in the Assessment Plan how [it] intendfs] to prevent double recovery.”
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