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OMB Control No: 1091-0002	ICR Reference No: 202309-1091-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOI/OEO	Agency Tracking No:
Title: Natural Resource Damage Assessments (43 CFR Part 11)
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 06/24/2024
	Date Received in OIRA: 01/05/2024
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden. Given that the cost estimates presented rely largely on non-public data, the agency is requested to work with OMB to increase the amount of quality supporting information underlying the cost estimates before this information collection is submitted for renewal. Lastly, the supporting statement submitted at final rule stage should include any changes that occurred between the proposed and final rule related to this ICR.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

Abstract: The U.S. Department of the Interior’s (Interior) Office of Restoration and Damage Assessment (ORDA) oversees the Natural Resource Damage Assessment and Restoration (NRDAR) Program, the mission of which is to restore natural resources injured as a result of oil spills or hazardous substance releases into the environment. In partnership with affected State, Tribal, and Federal Trustee agencies, damage assessments are conducted as the first step toward resource restoration, and are used to provide the basis for determining restoration needs that address the public's loss and use of natural resources. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA; 42 U.S.C. 9601, 9607), as amended, 42 U.S.C. 9601 et seq., and the Clean Water Act (CWA; 33 U.S.C. 1251-1376), provide that natural resource trustees may assess damages to natural resources resulting from a discharge of oil or a release of a hazardous substance covered under CERCLA or the CWA and may seek to recover those damages. This part supplements the procedures established under the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, for the identification, investigation, study, and response to a discharge of oil or release of a hazardous substance, and it provides a procedure by which a natural resource trustee can determine compensation for injuries to natural resources that have not been, nor are expected to be, addressed by response actions conducted pursuant to the NCP. The assessment procedures set forth in Part 11 are not mandatory. However, they must be used by Federal or State natural resource trustees in order to obtain the rebuttable presumption contained in section 107(f)(2)(C) of CERCLA.

Authorizing Statute(s): US Code: 42 USC 9601, 9607 Name of Law: Comprehensive Environmental Response, Compensation, and Liability Act
US Code: 33 USC 1251-1376 Name of Law: Clean Water Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1090-AB26	Proposed rulemaking	89 FR 733	01/05/2024

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a request for a new control number in conjunction with the information collections contained in our proposed rulemaking under RIN 1090-AB26, “Natural Resource Damages for Hazardous Substances.”

Annual Cost to Federal Government: $6,431,913

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Madonna Baucum 202 354-1916 madonna_baucum@nps.gov

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