---
kind: "section"
citation: "43 C.F.R. § 11.92"
title: "43"
number: "11.92"
heading: "Post-assessment phase—restoration account."
url: "https://uscodex.org/cfr/43/11.92"
---

# §11.92. Post-assessment phase—restoration account.

- (a) **Disposition of recoveries.**
  - (1) All sums (damage claim and assessment costs) recovered pursuant to [section 107(f)](/cfr/43/107.md?p=f) of CERCLA or sections [311(f)(4)](/cfr/43/311.md?p=f-4) and [(5)](/cfr/43/311.md?p=f-5) of the CWA by the Federal government acting as trustee shall be retained by the trustee, without further appropriation, in a separate account in the U.S. Treasury.
  - (2) All sums (damage claim and assessment costs) recovered pursuant to [section 107(f)](/cfr/43/107.md?p=f) of CERCLA, or sections [311(f)(4)](/cfr/43/311.md?p=f-4) and [(5)](/cfr/43/311.md?p=f-5) of the CWA by a State government acting as trustee shall either:
    - (i) Be placed in a separate account in the State treasury; or
    - (ii) Be placed by the responsible party or parties in an interest bearing account payable in trust to the State agency acting as trustee.
  - (3) All sums (damage claim and assessment costs) recovered pursuant to [section 107(f)](/cfr/43/107.md?p=f) of CERCLA or sections [311(f)(4)](/cfr/43/311.md?p=f-4) and [(5)](/cfr/43/311.md?p=f-5) of the CWA by an Indian tribe shall either:
    - (i) Be placed in an account in the tribal treasury; or
    - (ii) Be placed by the responsible party or parties in an interest bearing account payable in trust to the Indian tribe.
- (b) **Adjustments.**
  - (1) In establishing the account pursuant to [paragraph (a)](#a) of this section, the calculation of the expected present value of the damage amount should be adjusted, as appropriate, whenever monies are to be placed in a non-interest bearing account. This adjustment should correct for the anticipated effects of inflation over the time estimated to complete expenditures for the restoration, rehabilitation, replacement, and/or acquisition of equivalent resources.
  - (2) In order to make the adjustment in [paragraph (b)(1)](#b-1) of this section, the authorized official should adjust the damage amount by the rate payable on notes or bonds issued by the United States Treasury with a maturity date that approximates the length of time estimated to complete expenditures for the restoration, rehabilitation, replacement, and/or acquisition of equivalent resources.
- (c) **Payments from the account.** Monies that constitute the damage claim amount shall be paid out of the account established pursuant to [paragraph (a)](#a) of this section only for those actions described in the Restoration Plan required by [§ 11.93](/cfr/43/11.93.md) of this part.

## Notes

### Amendments

[53 FR 5176, Feb. 22, 1988, as amended at 59 FR 14287, Mar. 25, 1994]

### Authority

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

### Source

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

### Amendments

[53 FR 5176, Feb. 22, 1988, as amended at 59 FR 14287, Mar. 25, 1994]