Determination of Jurisdiction to Conduct Natural Resource Damage Assessment Sample Clauses

Determination of Jurisdiction to Conduct Natural Resource Damage Assessment. Pursuant to Section 990.41 of the regulations for conducting NRDA under OPA, 15 CFR Part 990 and OSPRA (LAC 43:XXIX.101 et seq.), the Trustees determined that legal jurisdiction to pursue restoration under OPA exists for this incident. The oil spill constitutes an "incident" within the meaning of Section 1001(14) of OPA and OSPRA at LAC 43:XXIX.109 - an "occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the discharge or substantial threat of discharge of oil." Because the discharge was not authorized by a permit issued under Federal, State, or local law, and did not originate from a public vessel or from an onshore facility subject to the Trans-Alaska Pipeline Authorization Act, the incident is not an "excluded discharge" within the meaning of OPA Section 1002(c). Finally, natural resources covered by the Trusteeship authority of NOAA and/or Louisiana have been injured as a result of the incident (natural resource injuries are discussed more fully below). These factors established jurisdiction to proceed with an assessment under the OPA and OSPRA NRDA regulations.
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Related to Determination of Jurisdiction to Conduct Natural Resource Damage Assessment

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