Natural Resource Damage Assessments: Type A Procedure for Coastal and Marine Environments

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 11

RIN 1090-AA23

Natural Resource Damage Assessments: Type A Procedure for Coastal

and Marine Environments

AGENCY: Department of the Interior.

ACTION: Proposed rule; availability of technical reports.

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SUMMARY: This document announces the availability of technical reports

relating to the Department of the Interior's December 8, 1994, notice

of proposed rulemaking to revise the natural resource damage assessment

regulations. 59 FR 63300. The natural resource damage assessment

regulations establish procedures for assessing damages for injury to

natural resources resulting from a discharge of oil or hazardous

substance into navigable waters under the Clean Water Act, or a release

of a hazardous substance under the Comprehensive Environmental

Response, Compensation, and Liability Act. The December 8, 1994,

document proposed revisions to a simplified ``type A'' procedure for

assessing damages from relatively minor discharges or releases in

coastal and marine environments. That proposed assessment procedure

incorporates the use of a computer model named the Natural Resource

Damage Assessment Model for Coastal and Marine Environments (NRDAM/

CME), Version 2.2. The Department has arranged for a number of

technical specialists to conduct independent reviews of the proposed

NRDAM/CME, Version 2.2 and is making those technical reports available

for public review.

ADDRESSES: Copies of the reports are available for inspection at the

Office of Environmental Policy and Compliance, Room 2243, Department of

the Interior, 1849 C Street, NW, Washington, DC 20240, tel: (202) 208-

3301 (regular business hours 7:45 a.m. to 4:15 p.m., Monday through

Friday).

FOR FURTHER INFORMATION CONTACT: Mary Morton, Office of Environmental

Policy and Compliance, Department of the Interior, MS 2340, 1849 C

Street, NW, Washington, DC 20240, (202), tel: 208-3301 or

[email protected] on Internet.

SUPPLEMENTARY INFORMATION: The natural resource damage assessment

regulations establish procedures that Federal, State, and Tribal

natural resource trustees may use to obtain compensation from liable

parties for natural resource injuries under the Comprehensive

Environmental Response, Compensation, and Liability Act, as amended (42

U.S.C. 9601 et seq.) and the Clean Water Act, as amended (33 U.S.C.

1251 et seq.). The regulations provide an administrative process for

conducting assessments as well as two types of technical procedures for

the actual determination of injuries and damages. ``Type A'' procedures

are standard procedures for simplified assessments requiring minimal

field observation in cases of minor discharges or releases in certain

environments. ``Type B'' procedures are site-specific

[[Page 28774]] procedures for detailed assessments in other cases.

On December 8, 1994, the Department published a proposed rule to

revise the type A procedure for coastal and marine environments, in

compliance with a court order and a statutory biennial review

requirement. 59 FR 63300. The proposed revised type A procedure for

coastal and marine environments incorporates a computer model called

the Natural Resource Damage Assessment Model for Coastal and Marine

Environments Version 2.2 (NRDAM/CME). The comment period on the

December 8, 1994, proposed rule has been extended until July 6, 1995.

60 FR 7155.

NOAA is responsible for developing natural resource damage

assessment regulations under the Oil Pollution Act (OPA). 33 U.S.C.

2701 et seq. On January 7, 1994, NOAA published a proposed rule and

indicated that it may allow for use of the revised NRDAM/CME under its

OPA regulations after the Department publishes a final rule. 59 FR

1062, 1124-1125.

The Department and NOAA have arranged for a number of technical

specialists to conduct independent reviews of the proposed NRDAM/CME.

These reports are under evaluation by the Department and are being

included in the administrative record for the rulemaking. Anyone

interested in reviewing the reports is encouraged to contact the

Department.

Dated: May 30, 1995.

Willie R. Taylor,

Director, Office of Environmental Policy and Compliance.

[FR Doc. 95-13557 Filed 6-1-95; 8:45 am]

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