---
kind: "section"
citation: "43 C.F.R. § 11.36"
title: "43"
number: "11.36"
heading: "May the trustee use both a Type A and Type B procedure for the same release?"
url: "https://uscodex.org/cfr/43/11.36"
---

# §11.36. May the trustee use both a Type A and Type B procedure for the same release?

- (a) The natural resource trustee may use both a Type A procedure and Type B procedure for the same release if:
  - (1) The Type B procedure is cost-effective and can be performed at a reasonable cost;
  - (2) There is no double recovery; and
  - (3) The Type B procedure is used only to determine damages for injuries or compensable values that are not addressed by the Type A procedure.
- (b) The Type A procedure may be used to address any claim brought by a natural resource trustee.
- (c) If a trustee elects to use both a Type A procedure and a Type B procedure, the Assessment Plan must explain how the double recovery will be prevented.
- (d) When the trustee uses a Type B procedure for injuries not addressed in a Type A procedure, they must follow all of [subpart E](/cfr/43/subpartE.md) of this part (which contains standards for determining and quantifying injury as well as determining damages), [§ 11.31(c)](/cfr/43/11.31.md?p=c) (which addresses content of the Assessment Plan), and [§ 11.37](/cfr/43/11.37.md) (which addresses confirmation of exposure). When the trustee uses a Type B procedure for compensable values that are not included in a Type A procedure but that result from injuries that are addressed in the Type A procedure, they need not follow all of [subpart E](/cfr/43/subpartE.md) and §§ [11.31(c)](/cfr/43/11.31.md?p=c) and [11.37](/cfr/43/11.37.md). Instead, the trustee may rely on the injury predictions of the Type A procedure and simply use the valuation methodologies authorized by [§ 11.83(c)](/cfr/43/11.83.md?p=c) to calculate compensable value. When using valuation methodologies, the trustee must comply with [§ 11.84](/cfr/43/11.84.md).

## Notes

### Amendments

[91 FR 42878, July 13, 2026]

### Authority

Authority: 42 U.S.C. 9651(c), as amended.

### Source

Source: 51 FR 27725, Aug. 1, 1986, unless otherwise noted.

### Amendments

[91 FR 42878, July 13, 2026]