Page:United States Statutes at Large Volume 104 Part 1.djvu/530

 104 STAT. 496 PUBLIC LAW 101-380—AUG. 18, 1990 quate public notice, opportunity for a hearing, and consideration of all public comment. (d) MEASURE OF DAMAGES. — (1) IN GENERAL.—The measure of natural resource damages under section 1002(b)(2)(A) 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. — Costs shall be determined under paragraph (1) with respect to plans adopted under subsection (c). (3) No DOUBLE RECOVERY. —T here shall be no double recovery under this Act for natural resource damages, including with respect to the costs of damage assessment or restoration, rehabilitation, replacement, or acquisition for the same incident and natural resource. President of U.S. (e) DAMAGE ASSESSMENT REGULATIONS. — (1) REGULATIONS. —The President, acting through the Under Secretary of Commerce for Oceans and Atmosphere and in consultation with the Administrator of the Environmental Protection Agency, the Director of the United States Fish and Wildlife Service, and the heads of other affected agencies, not later than 2 years after the date of the enactment of this Act, shall promulgate regulations for the assessment of natural resource damages under section 1002(b)(2)(A) resulting from a discharge of oil for the purpose of this Act. (2) REBUTTABLE PRESUMPTION. —Any determination or assessment of damages to natural resources for the purposes of this Act made under subsection (d) by a Federal, State, or Indian trustee in accordance with the regulations promulgated under paragraph (1) shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or , judicial proceeding under this Act. (f) USE OF RECOVERED SUMS. —Sums recovered under this Act by a Federal, State, Indian, or foreign trustee for natural resource damages under section 1002(b)(2)(A) shall be retained by the trustee in a revolving trust account, without further appropriation, for use only to reimburse or pay costs incurred by the trustee under subsection (c) with respect to the damaged natural resources. Any amounts in excess of those required for these reimbursements and costs shall be deposited in the Fund. (g) CoMPUANCE.—Review of actions by any Federal official where there is alleged to be a failure of that official to perform a duty under this section that is not discretionary with that official may be had by any person in the district court in which the person resides or in which the alleged damage to natural resources occurred. The court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party. Nothing in this subsection shall restrict any right which any person may have to seek relief under any other provision of law. 33 USC 2707. SEC. 1007. RECOVERY BY FOREIGN CLAIMANTS. (a) REQUIRED SHOWING BY FOREIGN CLAIMANTS. —

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