| (C) the quality of the studies being used for the transfer. (8) Contingent valuation method. The state trustees may use the contingent valuation method to estimate loss in passive use values that result from an unauthorized discharge of oil. The state trustees shall ensure that contingent valuation instruments are designed and administered in accordance with the recommendations and guidance provided in the Report of the National Oceanic and Atmospheric Administration (NOAA) Panel on Contingent Valuation, as published in the Federal Register (58 FR 4601), January 15, 1993. (g) When discounting or compounding, the state trustees shall use the following methods: (1) For costs of assessment and restoration costs already incurred, the state trustees shall use the actual nominal United States Treasury rates for the past periods over which the costs were incurred to calculate the present value
of these costs at the time the claim is presented to the responsible person. (2) For diminution in value of injured or lost resources or lost resource function, the state trustees shall use a discount rate equal to the real United States Treasury rate of comparable maturity to the duration of the natural resource injury. These rates are published in regular updates to Appendix C of the Office of Management and Budget Circular A-94. The trustees shall use the most recent update to this circular published prior to the date at which the claim is presented. (3) For estimated restoration costs, the state trustees shall use a discount rate equal to the United States Treasury rate of comparable maturity to the period over which the restoration will be carried out. (h) The state trustees are entitled to pre-judgement interest and post-judgement interest on natural resource damage claims at a rate equal to the nominal dealer
commercial paper rate, as published in the Wall Street Journal, on the date the claim is presented to the responsible person, compounded forward from 30 days from the date a damage claim is presented until the time of payment.
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