{"data":{"id":"us/43-cfr-11.35","jurisdiction":"us","citation":"43 CFR 11.35","heading":"How does the trustee decide whether to use Type A or Type B procedures?","body":"(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.\n(b) If there is no appropriate Type A procedure, the trustee must use a Type B procedure to calculate all damages.","path":["Title 43—Public Lands: Interior","Subtitle A—Office of the Secretary of the Interior","PART 11—NATURAL RESOURCE DAMAGE ASSESSMENTS","Subpart C—Assessment Plan Phase"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-43.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:15Z","sha256":"7513ce091a12ca40e67906db1eb73875ca039ca547ac4aed42f91728acd2021c","source_id":"us-cfr","stale":true,"prev":"us/43-cfr-11.34","next":"us/43-cfr-11.36"},"notice":"GroundRules: Original legal text. Not legal advice."}