GroundRules
← Search the law
Federal regulations · Through 2026-08-25 · Newer source version available

43 CFR 11.35: How does the trustee decide whether to use Type A or Type B procedures?

Read at publisher ↗
Where this section sits in the code
  1. Title 43—Public Lands: Interior
  2. Subtitle A—Office of the Secretary of the Interior
  3. PART 11—NATURAL RESOURCE DAMAGE ASSESSMENTS
  4. Subpart C—Assessment Plan Phase

(a) If the natural resource trustee determines under § 11.34 that a Type A procedure is available, the trustee must then decide whether to use that procedure or use a Type B procedure. The trustee must make this decision by weighing the difficulty of collecting site-specific data against the suitability of the averaged data and simplifying assumptions in the Type A procedure for the release being assessed. The trustee may use a Type B procedure if they can be performed at a reasonable cost and if the increase in accuracy provided by those procedures outweighs the increase in assessment costs.

(b) If there is no appropriate Type A procedure, the trustee must use a Type B procedure to calculate all damages.

Collected 2026-08-27T02:26:15Z. Source file · JSON

Browse this collection