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Code of Federal Regulations Title 43. Public Lands:  Interior § 43.11.60 Type B assessments—general

Current as of October 02, 2022 | Updated by FindLaw Staff

(a) Purpose. The purpose of the type B assessment is to provide alternative methodologies for conducting natural resource damage assessments in individual cases.

(b) Steps in the type B assessment. The type B assessment consists of three phases:  § 11.61—Injury Determination;  § 11.70—Quantification;  and § 11.80—Damage Determination, of this part.

(c) Completion of type B assessment. After completion of the type B assessment, a Report of Assessment, as described in § 11.90 of this part, shall be prepared. The Report of Assessment shall include the determinations made in each phase.

(d) Type B assessment costs.

(1) The following categories of reasonable and necessary costs may be incurred in the assessment phase of the damage assessment:

(i) Sampling, testing, and evaluation costs for injury and pathway determination;

(ii) Quantification costs (including baseline service determination and resource recoverability analysis);

(iii) Restoration and Compensation Determination Plan development costs including:

(A) Development of alternatives;

(B) Evaluation of alternatives;

(C) Potentially responsible party, agency, and public reviews;

(D) Other such costs for activities authorized by § 11.81 of this part;

(iv) Cost estimating and valuation methodology calculation costs;  and

(v) Any other assessment costs authorized by §§ 11.60–11.84 of this part.

(2) The reasonable and necessary costs for these categories shall be limited to those costs incurred or anticipated by the authorized official for, and specifically allocable to, site-specific efforts taken in the assessment of damages for a natural resource for which the agency or Indian tribe is acting as trustee. Such costs shall be supported by appropriate records and documentation, and shall not reflect regular activities performed by the agency or the Indian tribe in management of the natural resource. Activities undertaken as part of the damage assessment phase shall be taken in a manner that is cost-effective, as that phrase is used in this part.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 43. Public Lands:  Interior § 43.11.60 Type B assessments—general - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-43-public-lands-interior/cfr-sect-43-11-60/

Read this complete Code of Federal Regulations Title 43. Public Lands:  Interior § 43.11.60 Type B assessments—general on Westlaw

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