Natural Resource Damage Assessments (43 CFR Part 11)

Forms and Documents

Document	Type	Status	Availability
1091-0002 SSA NRDAR 43 CFR Part 11 final 07132026.docx	Supporting Statement A	Uploaded 2026-07-13	Available
1091-0002 Attachment B - Burden Calcs Methods NRDAR 43 CFR Part final 07132026.docx	Supplementary Document	Uploaded 2026-07-13	Available
1091-0002 Attachment A - Burden Calcs NRDAR 43 CFR Part 11 final 07132026.xlsx	Supplementary Document	Uploaded 2026-07-13	Available
43 CFR Part 11 (up to date as of 5-22-2025).pdf	Supplementary Document	Uploaded 2025-05-27	Available
33 USC 1251 as of 01032024.pdf	Supplementary Document	Uploaded 2025-05-27	Available
42 USC 9601 as of 01032024.pdf	Supplementary Document	Uploaded 2025-05-27	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
262528	Type B Report (43 CFR 11) - State/Tribal Governments		Unchanged
262527	Type B Report (43 CFR 11) - Private Sector		Unchanged
262526	Type B Report (43 CFR 11) - Individuals/Households		Unchanged
262525	Type A Report (43 CFR 11) - State/Tribal Governments		Unchanged
262524	Type A Report (43 CFR 11) - Private Sector		Unchanged
262523	Type A Report (43 CFR 11) - Individuals/Households		Unchanged

ICR Details

OMB Control No: 1091-0002	ICR Reference No: 202505-1091-001
Status: Received in OIRA	Previous ICR Reference No: 202309-1091-001
Agency/Subagency: DOI/OEO	Agency Tracking No: RIN 1090-AB26 (Final Rule)
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	Date Submitted to OIRA: 07/13/2026

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	155	0
Time Burden (Hours)	513,926	0
Cost Burden (Dollars)	0	0

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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.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1090-AB26	Final or interim final rulemaking	91 FR 42870	07/13/2026

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Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 42870	07/13/2026
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
Type A Report (43 CFR 11) - Individuals/Households
Type A Report (43 CFR 11) - Private Sector
Type A Report (43 CFR 11) - State/Tribal Governments
Type B Report (43 CFR 11) - Individuals/Households
Type B Report (43 CFR 11) - Private Sector
Type B Report (43 CFR 11) - State/Tribal Governments

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	155	0	0	155	0	0
Annual Time Burden (Hours)	513,926	0	0	513,926	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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 final rulemaking under RIN 1090-AB26, “Natural Resource Damages for Hazardous Substances.”

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Annual Cost to Federal Government: $7,095,734

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

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/13/2026

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