(a) Negotiated settlement. A negotiated settlement is a binding agreement in which the responsible person agrees to pay the state trustees a certain amount or to perform certain restoration, rehabilitation, replacement and/or acquisition activities. The state trustees, in consideration of the responsible person's promise, will agree to release the responsible person from further liability for damages to natural resources resulting from an unauthorized discharge of oil. Such release shall not be executed until after the payment is received by the state trustees or until after the restoration, rehabilitation, replacement and/or acquisition project is certified complete by the state trustees.
(b) Settlement agreement. The final agreement between the state trustees and the responsible person shall be subject to public review and comment as set forth in §20.44 of this title (relating to Public Participation) and shall provide:
  (1) that restoration, replacement and rehabilitation projects be planned and implemented only by persons approved by the state trustees;
  (2) that title to real or personal property acquired as compensation for injured natural resources may vest in a public entity only where the terms and conditions for that entity's acceptance of title are met;
  (3) that criteria for certification of project completion are specifically enumerated; and
  (4) for all items necessary to ensure restoration, rehabilitation, replacement and/or acquisition of equivalent natural resources.

Source Note: The provisions of this §20.42 adopted to be effective October 19, 1994, 19 TexReg 7911.