33 USC 2706 - Natural resources

U.S Code last checked for updates: Nov 22, 2024

§ 2706.

Natural resources

(a)

Liability

In the case of natural resource damages under section 2702(b)(2)(A) of this title, liability shall be—

(1)

to the United States Government for natural resources belonging to, managed by, controlled by, or appertaining to the United States;

(2)

to any State for natural resources belonging to, managed by, controlled by, or appertaining to such State or political subdivision thereof;

(3)

to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such Indian tribe; and

(4)

in any case in which section 2707 of this title applies, to the government of a foreign country for natural resources belonging to, managed by, controlled by, or appertaining to such country.

(b)

Designation of trustees

(1)

In general

(2)

Federal trustees

(3)

State trustees

(4)

Indian tribe trustees

(5)

Foreign trustees

(c)

Functions of trustees

(1)

Federal trustees

The Federal officials designated under subsection (b)(2)—

(A)

shall assess natural resource damages under section 2702(b)(2)(A) of this title for the natural resources under their trusteeship;

(B)

may, upon request of and reimbursement from a State or Indian tribe and at the Federal officials’ discretion, assess damages for the natural resources under the State’s or tribe’s trusteeship; and

(C)

shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.

(2)

State trustees

The State and local officials designated under subsection (b)(3)—

(A)

shall assess natural resource damages under section 2702(b)(2)(A) of this title for the purposes of this Act for the natural resources under their trusteeship; and

(B)

shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.

(3)

Indian tribe trustees

The tribal officials designated under subsection (b)(4)—

(A)

shall assess natural resource damages under section 2702(b)(2)(A) of this title for the purposes of this Act for the natural resources under their trusteeship; and

(B)

shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.

(4)

Foreign trustees

The trustees designated under subsection (b)(5)—

(A)

shall assess natural resource damages under section 2702(b)(2)(A) of this title for the purposes of this Act for the natural resources under their trusteeship; and

(B)

shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.

(5)

Notice and opportunity to be heard

(d)

Measure of damages

(1)

In general

The measure of natural resource damages under section 2702(b)(2)(A) of this title is—

(A)

the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of, the damaged natural resources;

(B)

the diminution in value of those natural resources pending restoration; plus

(C)

the reasonable cost of assessing those damages.

(2)

Determine costs with respect to plans

(3)

No double recovery

(e)

Damage assessment regulations

(1)

Regulations

(2)

Rebuttable presumption

(f)

Use of recovered sums

(g)

Compliance

(Pub. L. 101–380, title I, § 1006, Aug. 18, 1990, 104 Stat. 494.)

cite as: 33 USC 2706