{"data":{"id":"us/43-cfr-11.36","jurisdiction":"us","citation":"43 CFR 11.36","heading":"May the trustee use both a Type A and Type B procedure for the same release?","body":"(a) The natural resource trustee may use both a Type A procedure and Type B procedure for the same release if:\n(1) The Type B procedure is cost-effective and can be performed at a reasonable cost;\n(2) There is no double recovery; and\n(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.\n(b) The Type A procedure may be used to address any claim brought by a natural resource trustee.\n(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.\n(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.","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":"fbae298e7010af8d857d842303d43869d3d3172fc7b99284a1cc95e0393b2ba2","source_id":"us-cfr","stale":true,"prev":"us/43-cfr-11.35","next":"us/43-cfr-11.37"},"notice":"GroundRules: Original legal text. Not legal advice."}