How is “rebuttable presumption” obtained?
In order to obtain “rebuttable presumption” for claim adjudication, the regulations at 15 CFR 990 need to be followed during the natural resource damage assessment (NRDA) process. The regulations at 15 CFR 990 require that documentation be provided that demonstrates an appropriate and defensible NRDA was conducted. Examples of documentation commonly produced during an NRDA that may demonstrate adherence to 15 CFR 990 regulations can be found in the NRD Funding Guidelines. However, there are no requirements above and beyond demonstration of adherence to 15 CFR 990 that must be met to obtain a rebuttable presumption.
