C.F.R. » Title 43 » PART 11—NATURAL RESOURCE DAMAGE ASSESSMENTS › Subpart D—Using the Type A Procedures

43 C.F.R. § 11.41

What information is included in a Type A Report?

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(a) The Type A Report is a document to provide the public with notice of, and an opportunity to comment on, the use of the Type A procedure.

(b) The Type A Report must:

(1) State that the trustee is following this part and provide a citation to this part;

(2) Explain the basis for concluding that conditions for pursuing an assessment were met;

(3) Describe any agreements among co-trustees and potentially responsible parties;

(4) Identify ongoing or planned response activities that could affect the natural resources being assessed;

(5) Explain how conditions for using a Type A procedure listed in § 11.34 are met;

(6) Identify and describe the model(s) selected to determine damages to fund restoration activities, including the following;

(i) Data inputs, assumptions, strengths, limitations, and uncertainties;

(ii) Possible existing restoration alternatives that make these model assumptions valid for the purpose of restoration; and

(iii) Results of the modeling exercise;

(7) Note the establishment of an administrative record for the assessment and explain how to gain access to that record;

(8) Explain how to submit comments and state the deadline for comments; and

(9) Identify a contact person.

(c) The Type A Report must be made available to the public and provide for a comment period of at least 30 days.

Notes of Decisions
Cited in 1 case, 1989–1989 · leading case: Colorado v. United States Dep't of Interior, 880 F.2d 481 (D.C. Cir. 1989).
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Colorado v. United States Dep't of Interior, 880 F.2d 481 (D.C. Cir. 1989). · cites it 6× “” 43 C.F.R. § 11.41 (a)(1); see also 51 Fed.”
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