The Oil Pollution Act of 1990 (OPA)
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
• Sec. 2701. Definitions.
• Sec. 2702. Elements of liability.
• Sec. 2703. Defenses to liability.
• Sec. 2704. Limits on liability.
• Sec. 2705. Interest; partial payment of claims.
• Sec. 2706. Natural resources.
• Sec. 2707. Recovery by foreign claimants.
• Sec. 2708. Recovery by responsible party.
• Sec. 2709. Contribution.
• Sec. 2710. Indemnification agreements.
• Sec. 2711. Consultation on removal actions.
• Sec. 2712. Uses of Fund.
• Sec. 2713. Claims procedure.
• Sec. 2714. Designation of source and advertisement.
• Sec. 2715. Subrogation.
• Sec. 2716. Financial responsibility.
• Sec. 2716a. Financial responsibility civil penalties.
• Sec. 2717. Litigation, jurisdiction, and venue.
• Sec. 2718. Relationship to other law.
• Sec. 2719. State financial responsibility.
• Sec. 2720. Differentiation among fats, oils, and greases.
SUBCHAPTER II--PRINCE WILLIAM SOUND PROVISIONS
• Sec. 2731. Oil Spill Recovery Institute.
• Sec. 2732. Terminal and tanker oversight and monitoring.
• Sec. 2733. Bligh Reef light.
• Sec. 2734. Vessel traffic service system.
• Sec. 2735. Equipment and personnel requirements under tank vessel and facility response plans.
• Sec. 2736. Funding.
• Sec. 2737. Limitation.
• Sec. 2738. North Pacific Marine Research Institute
SUBCHAPTER III—MISCELLANEOUS
• Sec. 2751. Savings provision.
• Sec. 2752. Annual appropriations.
• Sec. 2753. Repealed.
SUBCHAPTER IV--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
Sec. 2761. Oil pollution research and development program.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2701]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2701. Definitions
For the purposes of this Act, the term--
(1) ``act of God means an unanticipated grave natural disaster
or other natural phenomenon of an exceptional, inevitable, and
irresistible character the effects of which could not have been
prevented or avoided by the exercise of due care or foresight;
(2) ``barrel means 42 United States gallons at 60 degrees
fahrenheit;
(3) ``claim means a request, made in writing for a sum
certain, for compensation for damages or removal costs resulting
from an incident;
(4) ``claimant means any person or government who presents a
claim for compensation under this subchapter;
(5) ``damages means damages specified in section 2702(b) of
this title, and includes the cost of assessing these damages;
(6) ``deepwater port is a facility licensed under the
Deepwater Port Act of 1974 (33 U.S.C. 1501-1524);
(7) ``discharge means any emission (other than natural
seepage), intentional or unintentional, and includes, but is not
limited to, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping;
(8) ``exclusive economic zone means the zone established by
Presidential Proclamation Numbered 5030, dated March 10, 1983,
including the ocean waters of the areas referred to as ``eastern
special areas in Article 3(1) of the Agreement between the United
States of America and the Union of Soviet Socialist Republics on the
Maritime Boundary, signed June 1, 1990;
(9) ``facility means any structure, group of structures,
equipment, or device (other than a vessel) which is used for one or
more of the following purposes: exploring for, drilling for,
producing, storing, handling, transferring, processing, or
transporting oil. This term includes any motor vehicle, rolling
stock, or pipeline used for one or more of these purposes;
(10) ``foreign offshore unit means a facility which is
located, in whole or in part, in the territorial sea or on the
continental shelf of a foreign country and which is or was used for
one or more of the following purposes: exploring for, drilling for,
producing, storing, handling, transferring, processing, or
transporting oil produced from the seabed beneath the foreign
countrys territorial sea or from the foreign countrys continental
shelf;
(11) ``Fund means the Oil Spill Liability Trust Fund,
established by section 9509 of title 26;
(12) ``gross ton has the meaning given that term by the
Secretary under part J of title 46;
(13) ``guarantor means any person, other than the responsible
party, who provides evidence of financial responsibility for a
responsible party under this Act;
(14) ``incident means any occurrence or series of occurrences
having the same origin, involving one or more vessels, facilities,
or any combination thereof, resulting in the discharge or
substantial threat of discharge of oil;
(15) ``Indian tribe means any Indian tribe, band, nation, or
other organized group or community, but not including any Alaska
Native regional or village corporation, which is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians and has
governmental authority over lands belonging to or controlled by the
tribe;
(16) ``lessee means a person holding a leasehold interest in
an oil or gas lease on lands beneath navigable waters (as that term
is defined in section 1301(a) of title 43) or on submerged lands of
the Outer Continental Shelf, granted or maintained under applicable
State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.);
(17) ``liable or ``liability shall be construed to be the
standard of liability which obtains under section 1321 of this
title;
(18) ``mobile offshore drilling unit means a vessel (other
than a self-elevating lift vessel) capable of use as an offshore
facility;
(19) ``National Contingency Plan means the National
Contingency Plan prepared and published under section 1321(d) of
this title or revised under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C.
9605);
(20) ``natural resources includes land, fish, wildlife, biota,
air, water, ground water, drinking water supplies, and other such
resources belonging to, managed by, held in trust by, appertaining
to, or otherwise controlled by the United States (including the
resources of the exclusive economic zone), any State or local
government or Indian tribe, or any foreign government;
(21) ``navigable waters means the waters of the United States,
including the territorial sea;
(22) ``offshore facility means any facility of any kind
located in, on, or under any of the navigable waters of the United
States, and any facility of any kind which is subject to the
jurisdiction of the United States and is located in, on, or under
any other waters, other than a vessel or a public vessel;
(23) ``oil means oil of any kind or in any form, including
petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
other than dredged spoil, but does not include any substance which
is specifically listed or designated as a hazardous substance under
subparagraphs (A) through (F) of section 101(14) of the
Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601) and which is subject to the provisions of that
Act [42 U.S.C. 9601 et seq.];
(24) ``onshore facility means any facility (including, but not
limited to, motor vehicles and rolling stock) of any kind located
in, on, or under, any land within the United States other than
submerged land;
(25) the term ``Outer Continental Shelf facility means an
offshore facility which is located, in whole or in part, on the
Outer Continental Shelf and is or was used for one or more of the
following purposes: exploring for, drilling for, producing, storing,
handling, transferring, processing, or transporting oil produced
from the Outer Continental Shelf;
(26) ``owner or operator means (A) in the case of a vessel,
any person owning, operating, or chartering by demise, the vessel,
and (B) in the case of an onshore facility, and an offshore
facility, any person owning or operating such onshore facility or
offshore facility, and (C) in the case of any abandoned offshore
facility, the person who owned or operated such facility immediately
prior to such abandonment;
(27) ``person means an individual, corporation, partnership,
association, State, municipality, commission, or political
subdivision of a State, or any interstate body;
(28) ``permittee means a person holding an authorization,
license, or permit for geological exploration issued under section
11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) or
applicable State law;
(29) ``public vessel means a vessel owned or bareboat
chartered and operated by the United States, or by a State or
political subdivision thereof, or by a foreign nation, except when
the vessel is engaged in commerce;
(30) ``remove or ``removal means containment and removal of
oil or a hazardous substance from water and shorelines or the taking
of other actions as may be necessary to minimize or mitigate damage
to the public health or welfare, including, but not limited to,
fish, shellfish, wildlife, and public and private property,
shorelines, and beaches;
(31) ``removal costs means the costs of removal that are
incurred after a discharge of oil has occurred or, in any case in
which there is a substantial threat of a discharge of oil, the costs
to prevent, minimize, or mitigate oil pollution from such an
incident;
(32) ``responsible party means the following:
(A) Vessels.--In the case of a vessel, any person owning,
operating, or demise chartering the vessel.
(B) Onshore facilities.--In the case of an onshore facility
(other than a pipeline), any person owning or operating the
facility, except a Federal agency, State, municipality,
commission, or political subdivision of a State, or any
interstate body, that as the owner transfers possession and
right to use the property to another person by lease,
assignment, or permit.
(C) Offshore facilities.--In the case of an offshore
facility (other than a pipeline or a deepwater port licensed
under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.)),
the lessee or permittee of the area in which the facility is
located or the holder of a right of use and easement granted
under applicable State law or the Outer Continental Shelf Lands
Act (43 U.S.C. 1301-1356) for the area in which the facility is
located (if the holder is a different person than the lessee or
permittee), except a Federal agency, State, municipality,
commission, or political subdivision of a State, or any
interstate body, that as owner transfers possession and right to
use the property to another person by lease, assignment, or
permit.
(D) Deepwater ports.--In the case of a deepwater port
licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501-
1524), the licensee.
(E) Pipelines.--In the case of a pipeline, any person owning
or operating the pipeline.
(F) Abandonment.--In the case of an abandoned vessel,
onshore facility, deepwater port, pipeline, or offshore
facility, the persons who would have been responsible parties
immediately prior to the abandonment of the vessel or facility.
(33) ``Secretary means the Secretary of the department in
which the Coast Guard is operating;
(34) ``tank vessel means a vessel that is constructed or
adapted to carry, or that carries, oil or hazardous material in bulk
as cargo or cargo residue, and that--
(A) is a vessel of the United States;
(B) operates on the navigable waters; or
(C) transfers oil or hazardous material in a place subject
to the jurisdiction of the United States;
(35) ``territorial seas means the belt of the seas measured
from the line of ordinary low water along that portion of the coast
which is in direct contact with the open sea and the line marking
the seaward limit of inland waters, and extending seaward a distance
of 3 miles;
(36) ``United States and ``State mean the several States of
the United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Marianas, and any other territory
or possession of the United States; and
(37) ``vessel means every description of watercraft or other
artificial contrivance used, or capable of being used, as a means of
transportation on water, other than a public vessel.
(Pub. L. 101-380, title I, Sec. 1001, Aug. 18, 1990, 104 Stat. 486; Pub.
L. 105-383, title III, Sec. 307(a), Nov. 13, 1998, 112 Stat. 3421.)
References in Text
This Act, referred to in text, is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which
is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out below and Tables.
The Deepwater Port Act of 1974, referred to in pars. (6) and
(32)(C), (D), is Pub. L. 93-627, Jan. 3, 1975, 88 Stat. 2126, as
amended, which is classified generally to chapter 29 (Sec. 1501 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 1501 of this title and Tables.
Presidential Proclamation Numbered 5030, referred to in par. (8), is
Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out as a note
under section 1453 of Title 16, Conservation.
The Outer Continental Shelf Lands Act, referred to in pars. (16) and
(32)(C), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which
is classified generally to subchapter III (Sec. 1331 et seq.) of chapter
29 of Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1331 of Title 43
and Tables.
The Comprehensive Environmental Response, Compensation, and
Liability Act, referred to in par. (23), probably means the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is
classified principally to chapter 103 (Sec. 9601 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 9601 of Title 42
and Tables.
Amendments
1998--Par. (23). Pub. L. 105-383 amended par. (23) generally. Prior
to amendment, par. (23) read as follows: `` `oil means oil of any kind
or in any form, including, but not limited to, petroleum, fuel oil,
sludge, oil refuse, and oil mixed with wastes other than dredged spoil,
but does not include petroleum, including crude oil or any fraction
thereof, which is specifically listed or designated as a hazardous
substance under subparagraphs (A) through (F) of section 101(14) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601) and which is subject to the provisions of that Act;.
Effective Date
Section 1020 of title I of Pub. L. 101-380 provided that: ``This Act
[see Short Title of 1990 Amendments note below for classification] shall
apply to an incident occurring after the date of the enactment of this
Act [Aug. 18, 1990].
Short Title of 1995 Amendment
Pub. L. 104-55, Sec. 1, Nov. 20, 1995, 109 Stat. 546, provided that:
``This Act [enacting section 2720 of this title and amending sections
2704 and 2716 of this title] may be cited as the `Edible Oil Regulatory
Reform Act.
Short Title of 1990 Amendments
Pub. L. 101-537, title II, Sec. 2001, Nov. 8, 1990, 104 Stat. 2375,
and Pub. L. 101-646, title IV, Sec. 4001, Nov. 29, 1990, 104 Stat. 4788,
as amended by Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.
4091, provided that: ``This title [amending section 2761 of this title]
may be cited as the `Great Lakes Oil Pollution Research and Development
Act.
Short Title
Section 1 of Pub. L. 101-380 provided that: ``This Act [enacting
this chapter, sections 1642 and 1656 of Title 43, Public Lands, sections
3703a and 7505 of Title 46, Shipping, and section 1274a of the Appendix
to Title 46, amending sections 1223, 1228, 1232, 1236, 1319, 1321, 1481,
1486, 1503, 1514, and 1908 of this title, section 3145 of Title 16,
Conservation, sections 4612 and 9509 of Title 26, Internal Revenue Code,
sections 1334, 1350, and 1653 of Title 43, sections 2101, 2302, 3318,
3715, 3718, 5116, 6101, 7101, 7106, 7107, 7109, 7302, 7502, 7503, 7701
to 7703, 8101, 8104, 8502, 8503, 8702, 9101, 9102, 9302, 9308, and 12106
of Title 46, and section 1274 of the Appendix to Title 46, repealing
section 1517 of this title and sections 1811 and 1812 to 1824 of Title
43, enacting provisions set out as notes under this section, sections
1203, 1223, and 1321, of this title, section 92 of Title 14, Coast
Guard, section 9509 of Title 26, sections 1334, 1651, and 1653 of Title
43, sections 3703, 3703a, and 7106 of Title 46, and section 1295 of the
Appendix to Title 46, amending provisions set out as a note under
section 401 of Title 23, Highways, and repealing provisions set out as a
note under section 1811 of Title 43] may be cited as the `Oil Pollution
Act of 1990.
Section Referred to in Other Sections
This section is referred to in section 1321 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2702]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2702. Elements of liability
(a) In general
Notwithstanding any other provision or rule of law, and subject to
the provisions of this Act, each responsible party for a vessel or a
facility from which oil is discharged, or which poses the substantial
threat of a discharge of oil, into or upon the navigable waters or
adjoining shorelines or the exclusive economic zone is liable for the
removal costs and damages specified in subsection (b) of this section
that result from such incident.
(b) Covered removal costs and damages
(1) Removal costs
The removal costs referred to in subsection (a) of this section
are--
(A) all removal costs incurred by the United States, a
State, or an Indian tribe under subsection (c), (d), (e), or (l)
of section 1321 of this title, under the Intervention on the
High Seas Act (33 U.S.C. 1471 et seq.), or under State law; and
(B) any removal costs incurred by any person for acts taken
by the person which are consistent with the National Contingency
Plan.
(2) Damages
The damages referred to in subsection (a) of this section are
the following:
(A) Natural resources
Damages for injury to, destruction of, loss of, or loss of
use of, natural resources, including the reasonable costs of
assessing the damage, which shall be recoverable by a United
States trustee, a State trustee, an Indian tribe trustee, or a
foreign trustee.
(B) Real or personal property
Damages for injury to, or economic losses resulting from
destruction of, real or personal property, which shall be
recoverable by a claimant who owns or leases that property.
(C) Subsistence use
Damages for loss of subsistence use of natural resources,
which shall be recoverable by any claimant who so uses natural
resources which have been injured, destroyed, or lost, without
regard to the ownership or management of the resources.
(D) Revenues
Damages equal to the net loss of taxes, royalties, rents,
fees, or net profit shares due to the injury, destruction, or
loss of real property, personal property, or natural resources,
which shall be recoverable by the Government of the United
States, a State, or a political subdivision thereof.
(E) Profits and earning capacity
Damages equal to the loss of profits or impairment of
earning capacity due to the injury, destruction, or loss of real
property, personal property, or natural resources, which shall
be recoverable by any claimant.
(F) Public services
Damages for net costs of providing increased or additional
public services during or after removal activities, including
protection from fire, safety, or health hazards, caused by a
discharge of oil, which shall be recoverable by a State, or a
political subdivision of a State.
(c) Excluded discharges
This subchapter does not apply to any discharge--
(1) permitted by a permit issued under Federal, State, or local
law;
(2) from a public vessel; or
(3) from an onshore facility which is subject to the Trans-
Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.).
(d) Liability of third parties
(1) In general
(A) Third party treated as responsible party
Except as provided in subparagraph (B), in any case in which
a responsible party establishes that a discharge or threat of a
discharge and the resulting removal costs and damages were
caused solely by an act or omission of one or more third parties
described in section 2703(a)(3) of this title (or solely by such
an act or omission in combination with an act of God or an act
of war), the third party or parties shall be treated as the
responsible party or parties for purposes of determining
liability under this subchapter.
(B) Subrogation of responsible party
If the responsible party alleges that the discharge or
threat of a discharge was caused solely by an act or omission of
a third party, the responsible party--
(i) in accordance with section 2713 of this title, shall
pay removal costs and damages to any claimant; and
(ii) shall be entitled by subrogation to all rights of
the United States Government and the claimant to recover
removal costs or damages from the third party or the Fund
paid under this subsection.
(2) Limitation applied
(A) Owner or operator of vessel or facility
If the act or omission of a third party that causes an
incident occurs in connection with a vessel or facility owned or
operated by the third party, the liability of the third party
shall be subject to the limits provided in section 2704 of this
title as applied with respect to the vessel or facility.
(B) Other cases
In any other case, the liability of a third party or parties
shall not exceed the limitation which would have been applicable
to the responsible party of the vessel or facility from which
the discharge actually occurred if the responsible party were
liable.
(Pub. L. 101-380, title I, Sec. 1002, Aug. 18, 1990, 104 Stat. 489.)
References in Text
This Act, referred to in subsec. (a), is Pub. L. 101-380, Aug. 18,
1990, 104 Stat. 484, as amended, known as the Oil Pollution Act of 1990,
which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 2701 of this title and Tables.
The Intervention on the High Seas Act, referred to in subsec.
(b)(1)(A), is Pub. L. 93-248, Feb. 5, 1974, 88 Stat. 8, as amended,
which is classified generally to chapter 28 (Sec. 1471 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1471 of this title and Tables.
The Trans-Alaska Pipeline Authorization Act, referred to in subsec.
(c)(3), is title II of Pub. L. 93-153, Nov. 16, 1973, 87 Stat. 584,
which is classified generally to chapter 34 (Sec. 1651 et seq.) of Title
43, Public Lands. For complete classification of this Act to the Code,
see Short Title note set out under section 1651 of Title 43 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 2701, 2703, 2704, 2705,
2706, 2708, 2712, 2716, 2717 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2703]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2703. Defenses to liability
(a) Complete defenses
A responsible party is not liable for removal costs or damages under
section 2702 of this title if the responsible party establishes, by a
preponderance of the evidence, that the discharge or substantial threat
of a discharge of oil and the resulting damages or removal costs were
caused solely by--
(1) an act of God;
(2) an act of war;
(3) an act or omission of a third party, other than an employee
or agent of the responsible party or a third party whose act or
omission occurs in connection with any contractual relationship with
the responsible party (except where the sole contractual arrangement
arises in connection with carriage by a common carrier by rail), if
the responsible party establishes, by a preponderance of the
evidence, that the responsible party--
(A) exercised due care with respect to the oil concerned,
taking into consideration the characteristics of the oil and in
light of all relevant facts and circumstances; and
(B) took precautions against foreseeable acts or omissions
of any such third party and the foreseeable consequences of
those acts or omissions; or
(4) any combination of paragraphs (1), (2), and (3).
(b) Defenses as to particular claimants
A responsible party is not liable under section 2702 of this title
to a claimant, to the extent that the incident is caused by the gross
negligence or willful misconduct of the claimant.
(c) Limitation on complete defense
Subsection (a) of this section does not apply with respect to a
responsible party who fails or refuses--
(1) to report the incident as required by law if the responsible
party knows or has reason to know of the incident;
(2) to provide all reasonable cooperation and assistance
requested by a responsible official in connection with removal
activities; or
(3) without sufficient cause, to comply with an order issued
under subsection (c) or (e) of section 1321 of this title or the
Intervention on the High Seas Act (33 U.S.C. 1471 et seq.).
(Pub. L. 101-380, title I, Sec. 1003, Aug. 18, 1990, 104 Stat. 491.)
References in Text
The Intervention on the High Seas Act, referred to in subsec.
(c)(3), is Pub. L. 93-248, Feb. 5, 1974, 88 Stat. 8, as amended, which
is classified generally to chapter 28 (Sec. 1471 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1471 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in sections 2702, 2704, 2708 of this
title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2704]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2704. Limits on liability
(a) General rule
Except as otherwise provided in this section, the total of the
liability of a responsible party under section 2702 of this title and
any removal costs incurred by, or on behalf of, the responsible party,
with respect to each incident shall not exceed--
(1) for a tank vessel the greater of--
(A) $1,200 per gross ton; or
(B)(i) in the case of a vessel greater than 3,000 gross
tons, $10,000,000; or
(ii) in the case of a vessel of 3,000 gross tons or less,
$2,000,000;
(2) for any other vessel, $600 per gross ton or $500,000,
whichever is greater;
(3) for an offshore facility except a deepwater port, the total
of all removal costs plus $75,000,000; and
(4) for any onshore facility and a deepwater port, $350,000,000.
(b) Division of liability for mobile offshore drilling units
(1) Treated first as tank vessel
For purposes of determining the responsible party and applying
this Act and except as provided in paragraph (2), a mobile offshore
drilling unit which is being used as an offshore facility is deemed
to be a tank vessel with respect to the discharge, or the
substantial threat of a discharge, of oil on or above the surface of
the water.
(2) Treated as facility for excess liability
To the extent that removal costs and damages from any incident
described in paragraph (1) exceed the amount for which a responsible
party is liable (as that amount may be limited under subsection
(a)(1) of this section), the mobile offshore drilling unit is deemed
to be an offshore facility. For purposes of applying subsection
(a)(3) of this section, the amount specified in that subsection
shall be reduced by the amount for which the responsible party is
liable under paragraph (1).
(c) Exceptions
(1) Acts of responsible party
Subsection (a) of this section does not apply if the incident
was proximately caused by--
(A) gross negligence or willful misconduct of, or
(B) the violation of an applicable Federal safety,
construction, or operating regulation by,
the responsible party, an agent or employee of the responsible
party, or a person acting pursuant to a contractual relationship
with the responsible party (except where the sole contractual
arrangement arises in connection with carriage by a common carrier
by rail).
(2) Failure or refusal of responsible party
Subsection (a) of this section does not apply if the responsible
party fails or refuses--
(A) to report the incident as required by law and the
responsible party knows or has reason to know of the incident;
(B) to provide all reasonable cooperation and assistance
requested by a responsible official in connection with removal
activities; or
(C) without sufficient cause, to comply with an order issued
under subsection (c) or (e) of section 1321 of this title or the
Intervention on the High Seas Act (33 U.S.C. 1471 et seq.).
(3) OCS facility or vessel
Notwithstanding the limitations established under subsection (a)
of this section and the defenses of section 2703 of this title, all
removal costs incurred by the United States Government or any State
or local official or agency in connection with a discharge or
substantial threat of a discharge of oil from any Outer Continental
Shelf facility or a vessel carrying oil as cargo from such a
facility shall be borne by the owner or operator of such facility or
vessel.
(4) Certain tank vessels
Subsection (a)(1) of this section shall not apply to--
(A) a tank vessel on which the only oil carried as cargo is
an animal fat or vegetable oil, as those terms are used in
section 2720 of this title; and
(B) a tank vessel that is designated in its certificate of
inspection as an oil spill response vessel (as that term is
defined in section 2101 of title 46) and that is used solely for
removal.
(d) Adjusting limits of liability
(1) Onshore facilities
Subject to paragraph (2), the President may establish by
regulation, with respect to any class or category of onshore
facility, a limit of liability under this section of less than
$350,000,000, but not less than $8,000,000, taking into account
size, storage capacity, oil throughput, proximity to sensitive
areas, type of oil handled, history of discharges, and other factors
relevant to risks posed by the class or category of facility.
(2) Deepwater ports and associated vessels
(A) Study
The Secretary shall conduct a study of the relative
operational and environmental risks posed by the transportation
of oil by vessel to deepwater ports (as defined in section 1502
of this title) versus the transportation of oil by vessel to
other ports. The study shall include a review and analysis of
offshore lightering practices used in connection with that
transportation, an analysis of the volume of oil transported by
vessel using those practices, and an analysis of the frequency
and volume of oil discharges which occur in connection with the
use of those practices.
(B) Report
Not later than 1 year after August 18, 1990, the Secretary
shall submit to the Congress a report on the results of the
study conducted under subparagraph (A).
(C) Rulemaking proceeding
If the Secretary determines, based on the results of the
study conducted under this \1\ subparagraph (A), that the use of
deepwater ports in connection with the transportation of oil by
vessel results in a lower operational or environmental risk than
the use of other ports, the Secretary shall initiate, not later
than the 180th day following the date of submission of the
report to the Congress under subparagraph (B), a rulemaking
proceeding to lower the limits of liability under this section
for deepwater ports as the Secretary determines appropriate. The
Secretary may establish a limit of liability of less than
$350,000,000, but not less than $50,000,000, in accordance with
paragraph (1).
---------------------------------------------------------------------------
\1\ So in original. The word ``this probably should not appear.
---------------------------------------------------------------------------
(3) Periodic reports
The President shall, within 6 months after August 18, 1990, and
from time to time thereafter, report to the Congress on the
desirability of adjusting the limits of liability specified in
subsection (a) of this section.
(4) Adjustment to reflect Consumer Price Index
The President shall, by regulations issued not less often than
every 3 years, adjust the limits of liability specified in
subsection (a) of this section to reflect significant increases in
the Consumer Price Index.
(Pub. L. 101-380, title I, Sec. 1004, Aug. 18, 1990, 104 Stat. 491; Pub.
L. 104-55, Sec. 2(d)(1), Nov. 20, 1995, 109 Stat. 546; Pub. L. 105-383,
title IV, Sec. 406, Nov. 13, 1998, 112 Stat. 3429.)
References in Text
This Act, referred to in subsec. (b)(1), is Pub. L. 101-380, Aug.
18, 1990, 104 Stat. 484, as amended, known as the Oil Pollution Act of
1990, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 2701 of this title and Tables.
The Intervention on the High Seas Act, referred to in subsec.
(c)(2)(C), is Pub. L. 93-248, Feb. 5, 1974, 88 Stat. 8, as amended,
which is classified generally to chapter 28 (Sec. 1471 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1471 of this title and Tables.
Amendments
1998--Subsec. (a)(1). Pub. L. 105-383, Sec. 406(1), substituted
comma for ``(except a tank vessel on which the only oil carried as cargo
is an animal fat or vegetable oil, as those terms are used in section
2720 of this title) after ``tank vessel.
Subsec. (c)(4). Pub. L. 105-383, Sec. 406(2), added par. (4).
1995--Subsec. (a)(1). Pub. L. 104-55 substituted ``for a tank vessel
(except a tank vessel on which the only oil carried as cargo is an
animal fat or vegetable oil, as those terms are used in section 2720 of
this title) for ``for a tank vessel,.
Delegation of Functions
Specific functions of President under subsec. (d) of this section
delegated to Administrator of Environmental Protection Agency, Secretary
of Transportation, and Secretary of the Interior by section 4 of Ex.
Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54763, set out as a note under
section 1321 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2702, 2705, 2708, 2712, 2716
of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2705]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2705. Interest; partial payment of claims
(a) General rule
The responsible party or the responsible partys guarantor is liable
to a claimant for interest on the amount paid in satisfaction of a claim
under this Act for the period described in subsection (b) of this
section. The responsible party shall establish a procedure for the
payment or settlement of claims for interim, short-term damages. Payment
or settlement of a claim for interim, short-term damages representing
less than the full amount of damages to which the claimant ultimately
may be entitled shall not preclude recovery by the claimant for damages
not reflected in the paid or settled partial claim.
(b) Period
(1) In general
Except as provided in paragraph (2), the period for which
interest shall be paid is the period beginning on the 30th day
following the date on which the claim is presented to the
responsible party or guarantor and ending on the date on which the
claim is paid.
(2) Exclusion of period due to offer by guarantor
If the guarantor offers to the claimant an amount equal to or
greater than that finally paid in satisfaction of the claim, the
period described in paragraph (1) does not include the period
beginning on the date the offer is made and ending on the date the
offer is accepted. If the offer is made within 60 days after the
date on which the claim is presented under section 2713(a) of this
title, the period described in paragraph (1) does not include any
period before the offer is accepted.
(3) Exclusion of periods in interests of justice
If in any period a claimant is not paid due to reasons beyond
the control of the responsible party or because it would not serve
the interests of justice, no interest shall accrue under this
section during that period.
(4) Calculation of interest
The interest paid under this section shall be calculated at the
average of the highest rate for commercial and finance company paper
of maturities of 180 days or less obtaining on each of the days
included within the period for which interest must be paid to the
claimant, as published in the Federal Reserve Bulletin.
(5) Interest not subject to liability limits
(A) In general
Interest (including prejudgment interest) under this
paragraph is in addition to damages and removal costs for which
claims may be asserted under section 2702 of this title and
shall be paid without regard to any limitation of liability
under section 2704 of this title.
(B) Payment by guarantor
The payment of interest under this subsection by a guarantor
is subject to section 2716(g) of this title.
(Pub. L. 101-380, title I, Sec. 1005, Aug. 18, 1990, 104 Stat. 493; Pub.
L. 104-324, title XI, Sec. 1142(a), Oct. 19, 1996, 110 Stat. 3991.)
References in Text
This Act, referred to in subsec. (a), is Pub. L. 101-380, Aug. 18,
1990, 104 Stat. 484, as amended, known as the Oil Pollution Act of 1990,
which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 2701 of this title and Tables.
Amendments
1996--Pub. L. 104-324, Sec. 1142(a)(1), inserted ``; partial payment
of claims after ``Interest in section catchline.
Subsec. (a). Pub. L. 104-324, Sec. 1142(a)(2), inserted at end ``The
responsible party shall establish a procedure for the payment or
settlement of claims for interim, short-term damages. Payment or
settlement of a claim for interim, short-term damages representing less
than the full amount of damages to which the claimant ultimately may be
entitled shall not preclude recovery by the claimant for damages not
reflected in the paid or settled partial claim.
Section Referred to in Other Sections
This section is referred to in title 16 section 1443.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2706]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2706. Natural resources
(a) Liability
In the case of natural resource damages under section 2702(b)(2)(A)
of this title, liability shall be--
(1) to the United States Government for natural resources
belonging to, managed by, controlled by, or appertaining to the
United States;
(2) to any State for natural resources belonging to, managed by,
controlled by, or appertaining to such State or political
subdivision thereof;
(3) to any Indian tribe for natural resources belonging to,
managed by, controlled by, or appertaining to such Indian tribe; and
(4) in any case in which section 2707 of this title applies, to
the government of a foreign country for natural resources belonging
to, managed by, controlled by, or appertaining to such country.
(b) Designation of trustees
(1) In general
The President, or the authorized representative of any State,
Indian tribe, or foreign government, shall act on behalf of the
public, Indian tribe, or foreign country as trustee of natural
resources to present a claim for and to recover damages to the
natural resources.
(2) Federal trustees
The President shall designate the Federal officials who shall
act on behalf of the public as trustees for natural resources under
this Act.
(3) State trustees
The Governor of each State shall designate State and local
officials who may act on behalf of the public as trustee for natural
resources under this Act and shall notify the President of the
designation.
(4) Indian tribe trustees
The governing body of any Indian tribe shall designate tribal
officials who may act on behalf of the tribe or its members as
trustee for natural resources under this Act and shall notify the
President of the designation.
(5) Foreign trustees
The head of any foreign government may designate the trustee who
shall act on behalf of that government as trustee for natural
resources under this Act.
(c) Functions of trustees
(1) Federal trustees
The Federal officials designated under subsection (b)(2) of this
section--
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title for the natural resources under
their trusteeship;
(B) may, upon request of and reimbursement from a State or
Indian tribe and at the Federal officials discretion, assess
damages for the natural resources under the States or tribes
trusteeship; and
(C) shall develop and implement a plan for the restoration,
rehabilitation, replacement, or acquisition of the equivalent,
of the natural resources under their trusteeship.
(2) State trustees
The State and local officials designated under subsection (b)(3)
of this section--
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title for the purposes of this Act for the
natural resources under their trusteeship; and
(B) shall develop and implement a plan for the restoration,
rehabilitation, replacement, or acquisition of the equivalent,
of the natural resources under their trusteeship.
(3) Indian tribe trustees
The tribal officials designated under subsection (b)(4) of this
section--
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title for the purposes of this Act for the
natural resources under their trusteeship; and
(B) shall develop and implement a plan for the restoration,
rehabilitation, replacement, or acquisition of the equivalent,
of the natural resources under their trusteeship.
(4) Foreign trustees
The trustees designated under subsection (b)(5) of this
section--
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title for the purposes of this Act for the
natural resources under their trusteeship; and
(B) shall develop and implement a plan for the restoration,
rehabilitation, replacement, or acquisition of the equivalent,
of the natural resources under their trusteeship.
(5) Notice and opportunity to be heard
Plans shall be developed and implemented under this section only
after adequate public notice, opportunity for a hearing, and
consideration of all public comment.
(d) Measure of damages
(1) In general
The measure of natural resource damages under section
2702(b)(2)(A) of this title is--
(A) the cost of restoring, rehabilitating, replacing, or
acquiring the equivalent of, the damaged natural resources;
(B) the diminution in value of those natural resources
pending restoration; plus
(C) the reasonable cost of assessing those damages.
(2) Determine costs with respect to plans
Costs shall be determined under paragraph (1) with respect to
plans adopted under subsection (c) of this section.
(3) No double recovery
There shall be no double recovery under this Act for natural
resource damages, including with respect to the costs of damage
assessment or restoration, rehabilitation, replacement, or
acquisition for the same incident and natural resource.
(e) Damage assessment regulations
(1) Regulations
The President, acting through the Under Secretary of Commerce
for Oceans and Atmosphere and in consultation with the Administrator
of the Environmental Protection Agency, the Director of the United
States Fish and Wildlife Service, and the heads of other affected
agencies, not later than 2 years after August 18, 1990, shall
promulgate regulations for the assessment of natural resource
damages under section 2702(b)(2)(A) of this title resulting from a
discharge of oil for the purpose of this Act.
(2) Rebuttable presumption
Any determination or assessment of damages to natural resources
for the purposes of this Act made under subsection (d) of this
section by a Federal, State, or Indian trustee in accordance with
the regulations promulgated under paragraph (1) shall have the force
and effect of a rebuttable presumption on behalf of the trustee in
any administrative or judicial proceeding under this Act.
(f) Use of recovered sums
Sums recovered under this Act by a Federal, State, Indian, or
foreign trustee for natural resource damages under section 2702(b)(2)(A)
of this title shall be retained by the trustee in a revolving trust
account, without further appropriation, for use only to reimburse or pay
costs incurred by the trustee under subsection (c) of this section with
respect to the damaged natural resources. Any amounts in excess of those
required for these reimbursements and costs shall be deposited in the
Fund.
(g) Compliance
Review of actions by any Federal official where there is alleged to
be a failure of that official to perform a duty under this section that
is not discretionary with that official may be had by any person in the
district court in which the person resides or in which the alleged
damage to natural resources occurred. The court may award costs of
litigation (including reasonable attorney and expert witness fees) to
any prevailing or substantially prevailing party. Nothing in this
subsection shall restrict any right which any person may have to seek
relief under any other provision of law.
(Pub. L. 101-380, title I, Sec. 1006, Aug. 18, 1990, 104 Stat. 494.)
References in Text
This Act, referred to in subsecs. (b)(2)-(5), (c)(2)(A), (3)(A),
(4)(A), (d)(3), (e), and (f), is Pub. L. 101-380, Aug. 18, 1990, 104
Stat. 484, as amended, known as the Oil Pollution Act of 1990, which is
classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 2701 of
this title and Tables.
Delegation of Functions
Functions of President under subsec. (b)(3) and (4) of this section
delegated to Administrator of Environmental Protection Agency by section
8(c) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54768, set out as a
note under section 1321 of this title.
NOAA Oil and Hazardous Substance Spill Cost Reimbursement
Pub. L. 102-567, title II, Sec. 205, Oct. 29, 1992, 106 Stat. 4282,
provided that:
``(a) Treatment of Amounts Received as Reimbursement of Expenses.--
Notwithstanding any other provision of law, amounts received by the
United States as reimbursement of expenses related to oil or hazardous
substance spill response activities, or natural resource damage
assessment, restoration, rehabilitation, replacement, or acquisition
activities, conducted (or to be conducted) by the National Oceanic and
Atmospheric Administration--
``(1) shall be deposited into the Fund;
``(2) shall be available, without fiscal year limitation and
without apportionment, for use in accordance with the law under
which the activities are conducted; and
``(3) shall not be considered to be an augmentation of
appropriations.
``(b) Application.--Subsection (a) shall apply to amounts described
in subsection (a) that are received--
``(1) after the date of the enactment of this Act [Oct. 29,
1992]; or
``(2) with respect to the oil spill associated with the
grounding of the EXXON VALDEZ.
``(c) Definitions.--For purposes of this section--
``(1) the term `Fund means the Damage Assessment and
Restoration Revolving Fund of the National Oceanic and Atmospheric
Administration referred to in title I of Public Law 101-515 under
the heading `National Oceanic and Atmospheric Administration (104
Stat. 2105) [set out as a note below]; and
``(2) the term `expenses includes incremental and base
salaries, ships, aircraft, and associated indirect costs, except the
term does not include base salaries and benefits of National Oceanic
and Atmospheric Administration Support Coordinators.
Damage Assessment and Restoration Revolving Fund; Deposits;
Availability; Transfer
Pub. L. 101-515, title I, Nov. 5, 1990, 104 Stat. 2105, provided
that: ``For contingency planning, response and natural resource damage
assessment and restoration activities, pursuant to the Comprehensive
Environmental Response, Compensation[,] and Liability Act [of 1980], as
amended [42 U.S.C. 9601 et seq.], the Federal Water Pollution Control
Act, as amended [33 U.S.C. 1251 et seq.], the Marine Protection,
Research[,] and Sanctuaries Act [of 1972], as amended [16 U.S.C. 1431et
seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.], and the Oil
Pollution Act of 1990 [33 U.S.C. 2701 et seq.], $5,000,000 to remain
available until expended: Provided, That notwithstanding any other
provision of law, in fiscal year 1991 and thereafter, sums provided by
any party or governmental entity for natural resource damage assessment,
response or restoration activities conducted or to be conducted by the
National Oceanic and Atmospheric Administration as a result of any
injury to the marine environment and/or resources for which the National
Oceanic and Atmospheric Administration acts as trustee of said marine
environment and/or resources, shall be deposited in the Damage
Assessment and Restoration Revolving Fund and said funds so deposited
shall remain available until expended: Provided further, That for
purposes of obligation and expenditure in fiscal year 1991 and
thereafter, sums available in the Damage Assessment and Restoration
Revolving Fund may be transferred, upon the approval of the Secretary of
Commerce or his delegate, to the Operations, Research, and Facilities
appropriation of the National Oceanic and Atmospheric Administration.
Section Referred to in Other Sections
This section is referred to in sections 2711, 2712, 2717, 2752 of
this title; title 26 section 9509.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2707]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2707. Recovery by foreign claimants
(a) Required showing by foreign claimants
(1) In general
In addition to satisfying the other requirements of this Act, to
recover removal costs or damages resulting from an incident a
foreign claimant shall demonstrate that--
(A) the claimant has not been otherwise compensated for the
removal costs or damages; and
(B) recovery is authorized by a treaty or executive
agreement between the United States and the claimants country,
or the Secretary of State, in consultation with the Attorney
General and other appropriate officials, has certified that the
claimants country provides a comparable remedy for United
States claimants.
(2) Exceptions
Paragraph (1)(B) shall not apply with respect to recovery by a
resident of Canada in the case of an incident described in
subsection (b)(4) of this section.
(b) Discharges in foreign countries
A foreign claimant may make a claim for removal costs and damages
resulting from a discharge, or substantial threat of a discharge, of oil
in or on the territorial sea, internal waters, or adjacent shoreline of
a foreign country, only if the discharge is from--
(1) an Outer Continental Shelf facility or a deepwater port;
(2) a vessel in the navigable waters;
(3) a vessel carrying oil as cargo between 2 places in the
United States; or
(4) a tanker that received the oil at the terminal of the
pipeline constructed under the Trans-Alaska Pipeline Authorization
Act (43 U.S.C. 1651 et seq.), for transportation to a place in the
United States, and the discharge or threat occurs prior to delivery
of the oil to that place.
(c) ``Foreign claimant defined
In this section, the term ``foreign claimant means--
(1) a person residing in a foreign country;
(2) the government of a foreign country; and
(3) an agency or political subdivision of a foreign country.
(Pub. L. 101-380, title I, Sec. 1007, Aug. 18, 1990, 104 Stat. 496.)
References in Text
This Act, referred to in subsec. (a)(1), is Pub. L. 101-380, Aug.
18, 1990, 104 Stat. 484, as amended, known as the Oil Pollution Act of
1990, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 2701 of this title and Tables.
The Trans-Alaska Pipeline Authorization Act, referred to in subsec.
(b)(4), is title II of Pub. L. 93-153, Nov. 16, 1973, 87 Stat. 584,
which is classified generally to chapter 34 (Sec. 1651 et seq.) of Title
43, Public Lands. For complete classification of this Act to the Code,
see Short Title note set out under section 1651 of Title 43 and Tables.
Section Referred to in Other Sections
This section is referred to in section 2706 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2708]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2708. Recovery by responsible party
(a) In general
The responsible party for a vessel or facility from which oil is
discharged, or which poses the substantial threat of a discharge of oil,
may assert a claim for removal costs and damages under section 2713 of
this title only if the responsible party demonstrates that--
(1) the responsible party is entitled to a defense to liability
under section 2703 of this title; or
(2) the responsible party is entitled to a limitation of
liability under section 2704 of this title.
(b) Extent of recovery
A responsible party who is entitled to a limitation of liability may
assert a claim under section 2713 of this title only to the extent that
the sum of the removal costs and damages incurred by the responsible
party plus the amounts paid by the responsible party, or by the
guarantor on behalf of the responsible party, for claims asserted under
section 2713 of this title exceeds the amount to which the total of the
liability under section 2702 of this title and removal costs and damages
incurred by, or on behalf of, the responsible party is limited under
section 2704 of this title.
(Pub. L. 101-380, title I, Sec. 1008, Aug. 18, 1990, 104 Stat. 497.)
Section Referred to in Other Sections
This section is referred to in section 2713 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2709]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2709. Contribution
A person may bring a civil action for contribution against any other
person who is liable or potentially liable under this Act or another
law. The action shall be brought in accordance with section 2717 of this
title.
(Pub. L. 101-380, title I, Sec. 1009, Aug. 18, 1990, 104 Stat. 497.)
References in Text
This Act, referred to in text, is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which
is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out under section 2701
of this title and Tables.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2710]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2710. Indemnification agreements
(a) Agreements not prohibited
Nothing in this Act prohibits any agreement to insure, hold
harmless, or indemnify a party to such agreement for any liability under
this Act.
(b) Liability not transferred
No indemnification, hold harmless, or similar agreement or
conveyance shall be effective to transfer liability imposed under this
Act from a responsible party or from any person who may be liable for an
incident under this Act to any other person.
(c) Relationship to other causes of action
Nothing in this Act, including the provisions of subsection (b) of
this section, bars a cause of action that a responsible party subject to
liability under this Act, or a guarantor, has or would have, by reason
of subrogation or otherwise, against any person.
(Pub. L. 101-380, title I, Sec. 1010, Aug. 18, 1990, 104 Stat. 498.)
References in Text
This Act, referred to in text, is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which
is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out under section 2701
of this title and Tables.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2711]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2711. Consultation on removal actions
The President shall consult with the affected trustees designated
under section 2706 of this title on the appropriate removal action to be
taken in connection with any discharge of oil. For the purposes of the
National Contingency Plan, removal with respect to any discharge shall
be considered completed when so determined by the President in
consultation with the Governor or Governors of the affected States.
However, this determination shall not preclude additional removal
actions under applicable State law.
(Pub. L. 101-380, title I, Sec. 1011, Aug. 18, 1990, 104 Stat. 498.)
Delegation of Functions
Functions of President under this section delegated to Administrator
of Environmental Protection Agency for inland zone and to Secretary of
Department in which Coast Guard is operating for coastal zone by section
3 of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54757, set out as a note
under section 1321 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2712]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2712. Uses of Fund
(a) Uses generally
The Fund shall be available to the President for--
(1) the payment of removal costs, including the costs of
monitoring removal actions, determined by the President to be
consistent with the National Contingency Plan--
(A) by Federal authorities; or
(B) by a Governor or designated State official under
subsection (d) of this section;
(2) the payment of costs incurred by Federal, State, or Indian
tribe trustees in carrying out their functions under section 2706 of
this title for assessing natural resource damages and for developing
and implementing plans for the restoration, rehabilitation,
replacement, or acquisition of the equivalent of damaged resources
determined by the President to be consistent with the National
Contingency Plan;
(3) the payment of removal costs determined by the President to
be consistent with the National Contingency Plan as a result of, and
damages resulting from, a discharge, or a substantial threat of a
discharge, of oil from a foreign offshore unit;
(4) the payment of claims in accordance with section 2713 of
this title for uncompensated removal costs determined by the
President to be consistent with the National Contingency Plan or
uncompensated damages;
(5) the payment of Federal administrative, operational, and
personnel costs and expenses reasonably necessary for and incidental
to the implementation, administration, and enforcement of this Act
(including, but not limited to, sections 1004(d)(2), 1006(e), 4107,
4110, 4111, 4112, 4117, 5006, 8103, and title VII) and subsections
(b), (c), (d), (j), and (l) of section 1321 of this title with
respect to prevention, removal, and enforcement related to oil
discharges, provided that--
(A) not more than $25,000,000 in each fiscal year shall be
available to the Secretary for operating expenses incurred by
the Coast Guard;
(B) not more than $30,000,000 each year through the end of
fiscal year 1992 shall be available to establish the National
Response System under section 1321(j) of this title, including
the purchase and prepositioning of oil spill removal equipment;
and
(C) not more than $27,250,000 in each fiscal year shall be
available to carry out subchapter IV of this chapter.
(b) Defense to liability for Fund
The Fund shall not be available to pay any claim for removal costs
or damages to a particular claimant, to the extent that the incident,
removal costs, or damages are caused by the gross negligence or willful
misconduct of that claimant.
(c) Obligation of Fund by Federal officials
The President may promulgate regulations designating one or more
Federal officials who may obligate money in accordance with subsection
(a) of this section.
(d) Access to Fund by State officials
(1) Immediate removal
In accordance with regulations promulgated under this section,
the President, upon the request of the Governor of a State or
pursuant to an agreement with a State under paragraph (2), may
obligate the Fund for payment in an amount not to exceed $250,000
for removal costs consistent with the National Contingency Plan
required for the immediate removal of a discharge, or the mitigation
or prevention of a substantial threat of a discharge, of oil.
(2) Agreements
(A) In general
The President shall enter into an agreement with the
Governor of any interested State to establish procedures under
which the Governor or a designated State official may receive
payments from the Fund for removal costs pursuant to paragraph
(1).
(B) Terms
Agreements under this paragraph--
(i) may include such terms and conditions as may be
agreed upon by the President and the Governor of a State;
(ii) shall provide for political subdivisions of the
State to receive payments for reasonable removal costs; and
(iii) may authorize advance payments from the Fund to
facilitate removal efforts.
(e) Regulations
The President shall--
(1) not later than 6 months after August 18, 1990, publish
proposed regulations detailing the manner in which the authority to
obligate the Fund and to enter into agreements under this subsection
shall be exercised; and
(2) not later than 3 months after the close of the comment
period for such proposed regulations, promulgate final regulations
for that purpose.
(f) Rights of subrogation
Payment of any claim or obligation by the Fund under this Act shall
be subject to the United States Government acquiring by subrogation all
rights of the claimant or State to recover from the responsible party.
(g) Audits
The Comptroller General shall audit all payments, obligations,
reimbursements, and other uses of the Fund, to assure that the Fund is
being properly administered and that claims are being appropriately and
expeditiously considered. The Comptroller General shall submit to the
Congress an interim report one year after August 18, 1990. The
Comptroller General shall thereafter audit the Fund as is appropriate.
Each Federal agency shall cooperate with the Comptroller General in
carrying out this subsection.
(h) Period of limitations for claims
(1) Removal costs
No claim may be presented under this subchapter for recovery of
removal costs for an incident unless the claim is presented within 6
years after the date of completion of all removal actions for that
incident.
(2) Damages
No claim may be presented under this section for recovery of
damages unless the claim is presented within 3 years after the date
on which the injury and its connection with the discharge in
question were reasonably discoverable with the exercise of due care,
or in the case of natural resource damages under section
2702(b)(2)(A) of this title, if later, the date of completion of the
natural resources damage assessment under section 2706(e) of this
title.
(3) Minors and incompetents
The time limitations contained in this subsection shall not
begin to run--
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal
representative is duly appointed for the minor, or
(B) against an incompetent person until the earlier of the
date on which such incompetents incompetency ends or the date
on which a legal representative is duly appointed for the
incompetent.
(i) Limitation on payment for same costs
In any case in which the President has paid an amount from the Fund
for any removal costs or damages specified under subsection (a) of this
section, no other claim may be paid from the Fund for the same removal
costs or damages.
(j) Obligation in accordance with plan
(1) In general
Except as provided in paragraph (2), amounts may be obligated
from the Fund for the restoration, rehabilitation, replacement, or
acquisition of natural resources only in accordance with a plan
adopted under section 2706(c) of this title.
(2) Exception
Paragraph (1) shall not apply in a situation requiring action to
avoid irreversible loss of natural resources or to prevent or reduce
any continuing danger to natural resources or similar need for
emergency action.
(k) Preference for private persons in area affected by discharge
(1) In general
In the expenditure of Federal funds for removal of oil,
including for distribution of supplies, construction, and other
reasonable and appropriate activities, under a contract or agreement
with a private person, preference shall be given, to the extent
feasible and practicable, to private persons residing or doing
business primarily in the area affected by the discharge of oil.
(2) Limitation
This subsection shall not be considered to restrict the use of
Department of Defense resources.
(Pub. L. 101-380, title I, Sec. 1012, Aug. 18, 1990, 104 Stat. 498.)
References in Text
This Act, referred to in subsecs. (a)(5) and (f), is Pub. L. 101-
380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of
1990, which is classified principally to this chapter. Sections
1004(d)(2) and 1006(e) are classified to sections 2704(d)(2) and
2706(e), respectively, of this title. Section 4107 amended section 1223
of this title and enacted provisions set out as a note under section
1223 of this title. Sections 4110 and 4111 enacted provisions set out as
notes under section 3703 of Title 46, Shipping. Section 4112 is not
classified to the Code. Section 4117 enacted provisions set out as a
note under section 1295 of Title 46, Appendix. Section 5006 is
classified to section 2736 of this title. Section 8103 enacted
provisions set out as a note under section 1651 of Title 43, Public
Lands. Title VII is classified to subchapter IV of this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 2701 of this title and Tables.
Delegation of Functions
Functions of President under subsecs. (a)(1), (3), (4), (d), and (e)
of this section delegated to Secretary of Department in which Coast
Guard is operating by section 7(a)(1)(A), (c)(1), (3) of Ex. Ord. No.
12777, Oct. 18, 1991, 56 F.R. 54766, 54767, set out as a note under
section 1321 of this title.
Functions of President under subsec. (a)(2) of this section
delegated to Federal trustees designated in National Contingency Plan by
section 7(a)(2) of Ex. Ord. No. 12777.
Functions of President under subsecs. (a)(5) and (c) of this section
delegated to each head of departments and agencies having responsibility
for implementation, administration, and enforcement of the Oil Pollution
Act of 1990 (Pub. L. 101-380, see Tables for classification) and section
1321(b), (c), (d), (j), (l) of this title by section 7(a)(3), (b) of Ex.
Ord. No. 12777.
Memorandum of the President of the United States, Aug. 24, 1990, 55
F.R. 35291, which delegated to the Secretary of the Department in which
the Coast Guard is operating authority to make available from the Oil
Spill Liability Trust Fund not to exceed $50,000,000 in any fiscal year
to remove discharged oil or hazardous substances from navigable waters,
was revoked by Ex. Ord. No. 12777, Sec. 8(i), Oct. 18, 1991, 56 F.R.
54769, set out as a note under section 1321 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2713, 2736, 2752 of this
title; title 26 section 9509.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2713]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2713. Claims procedure
(a) Presentation
Except as provided in subsection (b) of this section, all claims for
removal costs or damages shall be presented first to the responsible
party or guarantor of the source designated under section 2714(a) of
this title.
(b) Presentation to Fund
(1) In general
Claims for removal costs or damages may be presented first to
the Fund--
(A) if the President has advertised or otherwise notified
claimants in accordance with section 2714(c) of this title;
(B) by a responsible party who may assert a claim under
section 2708 of this title;
(C) by the Governor of a State for removal costs incurred by
that State; or
(D) by a United States claimant in a case where a foreign
offshore unit has discharged oil causing damage for which the
Fund is liable under section 2712(a) of this title.
(2) Limitation on presenting claim
No claim of a person against the Fund may be approved or
certified during the pendency of an action by the person in court to
recover costs which are the subject of the claim.
(c) Election
If a claim is presented in accordance with subsection (a) of this
section and--
(1) each person to whom the claim is presented denies all
liability for the claim, or
(2) the claim is not settled by any person by payment within 90
days after the date upon which (A) the claim was presented, or (B)
advertising was begun pursuant to section 2714(b) of this title,
whichever is later,
the claimant may elect to commence an action in court against the
responsible party or guarantor or to present the claim to the Fund.
(d) Uncompensated damages
If a claim is presented in accordance with this section, including a
claim for interim, short-term damages representing less than the full
amount of damages to which the claimant ultimately may be entitled, and
full and adequate compensation is unavailable, a claim for the
uncompensated damages and removal costs may be presented to the Fund.
(e) Procedure for claims against Fund
The President shall promulgate, and may from time to time amend,
regulations for the presentation, filing, processing, settlement, and
adjudication of claims under this Act against the Fund.
(Pub. L. 101-380, title I, Sec. 1013, Aug. 18, 1990, 104 Stat. 501; Pub.
L. 104-324, title XI, Sec. 1142(b), Oct. 19, 1996, 110 Stat. 3991.)
References in Text
This Act, referred to in subsec. (e), is Pub. L. 101-380, Aug. 18,
1990, 104 Stat. 484, as amended, known as the Oil Pollution Act of 1990,
which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 2701 of this title and Tables.
Amendments
1996--Subsec. (d). Pub. L. 104-324 substituted ``section, including
a claim for interim, short-term damages representing less than the full
amount of damages to which the claimant ultimately may be entitled,
for ``section.
Delegation of Functions
Functions of President under subsec. (e) of this section delegated
to Secretary of Department in which Coast Guard is operating by section
7(c)(2) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54767, set out as
a note under section 1321 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2702, 2705, 2708, 2712 of
this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2714]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2714. Designation of source and advertisement
(a) Designation of source and notification
When the President receives information of an incident, the
President shall, where possible and appropriate, designate the source or
sources of the discharge or threat. If a designated source is a vessel
or a facility, the President shall immediately notify the responsible
party and the guarantor, if known, of that designation.
(b) Advertisement by responsible party or guarantor
(1) If a responsible party or guarantor fails to inform the
President, within 5 days after receiving notification of a designation
under subsection (a) of this section, of the partys or the guarantors
denial of the designation, such party or guarantor shall advertise the
designation and the procedures by which claims may be presented, in
accordance with regulations promulgated by the President. Advertisement
under the preceding sentence shall begin no later than 15 days after the
date of the designation made under subsection (a) of this section. If
advertisement is not otherwise made in accordance with this subsection,
the President shall promptly and at the expense of the responsible party
or the guarantor involved, advertise the designation and the procedures
by which claims may be presented to the responsible party or guarantor.
Advertisement under this subsection shall continue for a period of no
less than 30 days.
(2) An advertisement under paragraph (1) shall state that a claimant
may present a claim for interim, short-term damages representing less
than the full amount of damages to which the claimant ultimately may be
entitled and that payment of such a claim shall not preclude recovery
for damages not reflected in the paid or settled partial claim.
(c) Advertisement by President
If--
(1) the responsible party and the guarantor both deny a
designation within 5 days after receiving notification of a
designation under subsection (a) of this section,
(2) the source of the discharge or threat was a public vessel,
or
(3) the President is unable to designate the source or sources
of the discharge or threat under subsection (a) of this section,
the President shall advertise or otherwise notify potential claimants of
the procedures by which claims may be presented to the Fund.
(Pub. L. 101-380, title I, Sec. 1014, Aug. 18, 1990, 104 Stat. 501; Pub.
L. 104-324, title XI, Sec. 1142(c), Oct. 19, 1996, 110 Stat. 3991.)
Amendments
1996--Subsec. (b). Pub. L. 104-324 designated existing provisions as
par. (1) and added par. (2).
Delegation of Functions
Functions of President under this section delegated to Secretary of
Department in which Coast Guard is operating by section 7(d)(2) of Ex.
Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54768, set out as a note under
section 1321 of this title.
Section Referred to in Other Sections
This section is referred to in section 2713 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2715]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2715. Subrogation
(a) In general
Any person, including the Fund, who pays compensation pursuant to
this Act to any claimant for removal costs or damages shall be
subrogated to all rights, claims, and causes of action that the claimant
has under any other law.
(b) Interim damages
(1) In general
If a responsible party, a guarantor, or the Fund has made
payment to a claimant for interim, short-term damages representing
less than the full amount of damages to which the claimant
ultimately may be entitled, subrogation under subsection (a) of this
section shall apply only with respect to the portion of the claim
reflected in the paid interim claim.
(2) Final damages
Payment of such a claim shall not foreclose a claimants right
to recovery of all damages to which the claimant otherwise is
entitled under this Act or under any other law.
(c) Actions on behalf of Fund
At the request of the Secretary, the Attorney General shall commence
an action on behalf of the Fund to recover any compensation paid by the
Fund to any claimant pursuant to this Act, and all costs incurred by the
Fund by reason of the claim, including interest (including prejudgment
interest), administrative and adjudicative costs, and attorneys fees.
Such an action may be commenced against any responsible party or
(subject to section 2716 of this title) guarantor, or against any other
person who is liable, pursuant to any law, to the compensated claimant
or to the Fund, for the cost or damages for which the compensation was
paid. Such an action shall be commenced against the responsible foreign
government or other responsible party to recover any removal costs or
damages paid from the Fund as the result of the discharge, or
substantial threat of discharge, of oil from a foreign offshore unit.
(Pub. L. 101-380, title I, Sec. 1015, Aug. 18, 1990, 104 Stat. 502; Pub.
L. 104-324, title XI, Sec. 1142(d), Oct. 19, 1996, 110 Stat. 3991.)
References in Text
This Act, referred to in text, is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which
is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out under section 2701
of this title and Tables.
Amendments
1996--Subsecs. (b), (c). Pub. L. 104-324 added subsec. (b) and
redesignated former subsec. (b) as (c).
Section Referred to in Other Sections
This section is referred to in title 26 section 9509.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2716]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2716. Financial responsibility
(a) Requirement
The responsible party for--
(1) any vessel over 300 gross tons (except a non-self-propelled
vessel that does not carry oil as cargo or fuel) using any place
subject to the jurisdiction of the United States; or
(2) any vessel using the waters of the exclusive economic zone
to transship or lighter oil destined for a place subject to the
jurisdiction of the United States;
shall establish and maintain, in accordance with regulations promulgated
by the Secretary, evidence of financial responsibility sufficient to
meet the maximum amount of liability to which the responsible party
could be subjected under section 2704(a) or (d) of this title, in a case
where the responsible party would be entitled to limit liability under
that section. If the responsible party owns or operates more than one
vessel, evidence of financial responsibility need be established only to
meet the amount of the maximum liability applicable to the vessel having
the greatest maximum liability.
(b) Sanctions
(1) Withholding clearance
The Secretary of the Treasury shall withhold or revoke the
clearance required by section 91 of title 46, Appendix, of any
vessel subject to this section that does not have the evidence of
financial responsibility required for the vessel under this section.
(2) Denying entry to or detaining vessels
The Secretary may--
(A) deny entry to any vessel to any place in the United
States, or to the navigable waters, or
(B) detain at the place,
any vessel that, upon request, does not produce the evidence of
financial responsibility required for the vessel under this section.
(3) Seizure of vessel
Any vessel subject to the requirements of this section which is
found in the navigable waters without the necessary evidence of
financial responsibility for the vessel shall be subject to seizure
by and forfeiture to the United States.
(c) Offshore facilities
(1) In general
(A) Evidence of financial responsibility required
Except as provided in paragraph (2), a responsible party
with respect to an offshore facility that--
(i)(I) is located seaward of the line of ordinary low
water along that portion of the coast that is in direct
contact with the open sea and the line marking the seaward
limit of inland waters; or
(II) is located in coastal inland waters, such as bays
or estuaries, seaward of the line of ordinary low water
along that portion of the coast that is not in direct
contact with the open sea;
(ii) is used for exploring for, drilling for, producing,
or transporting oil from facilities engaged in oil
exploration, drilling, or production; and
(iii) has a worst-case oil spill discharge potential of
more than 1,000 barrels of oil (or a lesser amount if the
President determines that the risks posed by such facility
justify it),
shall establish and maintain evidence of financial
responsibility in the amount required under subparagraph (B) or
(C), as applicable.
(B) Amount required generally
Except as provided in subparagraph (C), the amount of
financial responsibility for offshore facilities that meet the
criteria of subparagraph (A) is--
(i) $35,000,000 for an offshore facility located seaward
of the seaward boundary of a State; or
(ii) $10,000,000 for an offshore facility located
landward of the seaward boundary of a State.
(C) Greater amount
If the President determines that an amount of financial
responsibility for a responsible party greater than the amount
required by subparagraph (B) is justified based on the relative
operational, environmental, human health, and other risks posed
by the quantity or quality of oil that is explored for, drilled
for, produced, or transported by the responsible party, the
evidence of financial responsibility required shall be for an
amount determined by the President not exceeding $150,000,000.
(D) Multiple facilities
In a case in which a person is a responsible party for more
than one facility subject to this subsection, evidence of
financial responsibility need be established only to meet the
amount applicable to the facility having the greatest financial
responsibility requirement under this subsection.
(E) Definition
For the purpose of this paragraph, the seaward boundary of a
State shall be determined in accordance with section 1301(b) of
title 43.
(2) Deepwater ports
Each responsible party with respect to a deepwater port shall
establish and maintain evidence of financial responsibility
sufficient to meet the maximum amount of liability to which the
responsible party could be subjected under section 2704(a) of this
title in a case where the responsible party would be entitled to
limit liability under that section. If the Secretary exercises the
authority under section 2704(d)(2) of this title to lower the limit
of liability for deepwater ports, the responsible party shall
establish and maintain evidence of financial responsibility
sufficient to meet the maximum amount of liability so established.
In a case in which a person is the responsible party for more than
one deepwater port, evidence of financial responsibility need be
established only to meet the maximum liability applicable to the
deepwater port having the greatest maximum liability.
(e) \1\ Methods of financial responsibility
---------------------------------------------------------------------------
\1\ So in original. No subsec. (d) has been enacted.
---------------------------------------------------------------------------
Financial responsibility under this section may be established by
any one, or by any combination, of the following methods which the
Secretary (in the case of a vessel) or the President (in the case of a
facility) determines to be acceptable: evidence of insurance, surety
bond, guarantee, letter of credit, qualification as a self-insurer, or
other evidence of financial responsibility. Any bond filed shall be
issued by a bonding company authorized to do business in the United
States. In promulgating requirements under this section, the Secretary
or the President, as appropriate, may specify policy or other
contractual terms, conditions, or defenses which are necessary, or which
are unacceptable, in establishing evidence of financial responsibility
to effectuate the purposes of this Act.
(f) Claims against guarantor
(1) In general
Subject to paragraph (2), a claim for which liability may be
established under section 2702 of this title may be asserted
directly against any guarantor providing evidence of financial
responsibility for a responsible party liable under that section for
removal costs and damages to which the claim pertains. In defending
against such a claim, the guarantor may invoke--
(A) all rights and defenses which would be available to the
responsible party under this Act;
(B) any defense authorized under subsection (e) of this
section; and
(C) the defense that the incident was caused by the willful
misconduct of the responsible party.
The guarantor may not invoke any other defense that might be
available in proceedings brought by the responsible party against
the guarantor.
(2) Further requirement
A claim may be asserted pursuant to paragraph (1) directly
against a guarantor providing evidence of financial responsibility
under subsection (c)(1) of this section with respect to an offshore
facility only if--
(A) the responsible party for whom evidence of financial
responsibility has been provided has denied or failed to pay a
claim under this Act on the basis of being insolvent, as defined
under section 101(32) of title 11, and applying generally
accepted accounting principles;
(B) the responsible party for whom evidence of financial
responsibility has been provided has filed a petition for
bankruptcy under title 11; or
(C) the claim is asserted by the United States for removal
costs and damages or for compensation paid by the Fund under
this Act, including costs incurred by the Fund for processing
compensation claims.
(3) Rulemaking authority
Not later than 1 year after October 19, 1996, the President
shall promulgate regulations to establish a process for implementing
paragraph (2) in a manner that will allow for the orderly and
expeditious presentation and resolution of claims and effectuate the
purposes of this Act.
(g) Limitation on guarantors liability
Nothing in this Act shall impose liability with respect to an
incident on any guarantor for damages or removal costs which exceed, in
the aggregate, the amount of financial responsibility which that
guarantor has provided for a responsible party pursuant to this section.
The total liability of the guarantor on direct action for claims brought
under this Act with respect to an incident shall be limited to that
amount.
(h) Continuation of regulations
Any regulation relating to financial responsibility, which has been
issued pursuant to any provision of law repealed or superseded by this
Act, and which is in effect on the date immediately preceding the
effective date of this Act, is deemed and shall be construed to be a
regulation issued pursuant to this section. Such a regulation shall
remain in full force and effect unless and until superseded by a new
regulation issued under this section.
(i) Unified certificate
The Secretary may issue a single unified certificate of financial
responsibility for purposes of this Act and any other law.
(Pub. L. 101-380, title I, Sec. 1016, Aug. 18, 1990, 104 Stat. 502; Pub.
L. 104-55, Sec. 2(d)(2), Nov. 20, 1995, 109 Stat. 547; Pub. L. 104-324,
title XI, Sec. 1125(a), Oct. 19, 1996, 110 Stat. 3981.)
References in Text
This Act, referred to in subsecs. (e), (f), (g), (h), and (i), is
Pub. L. 101-380, Aug. 18, 1990, 104 Stat. 484, as amended, known as the
Oil Pollution Act of 1990, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 2701 of this title and Tables.
The effective date of this Act, referred to in subsec. (h), is the
effective date of Pub. L. 101-380 which is applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set
out as an Effective Date note under section 2701 of this title.
Amendments
1996--Subsec. (c)(1). Pub. L. 104-324, Sec. 1125(a)(1), reenacted
heading without change and amended text generally. Prior to amendment,
text read as follows: ``Except as provided in paragraph (2), each
responsible party with respect to an offshore facility shall establish
and maintain evidence of financial responsibility of $150,000,000 to
meet the amount of liability to which the responsible party could be
subjected under section 2704(a) of this title in a case in which the
responsible party would be entitled to limit liability under that
section. In a case in which a person is the responsible party for more
than one facility subject to this subsection, evidence of financial
responsibility need be established only to meet the maximum liability
applicable to the facility having the greatest maximum liability.
Subsec. (f). Pub. L. 104-324, Sec. 1125(a)(2), reenacted heading
without change and amended text generally. Prior to amendment, text read
as follows: ``Any claim for which liability may be established under
section 2702 of this title may be asserted directly against any
guarantor providing evidence of financial responsibility for a
responsible party liable under that section for removal costs and
damages to which the claim pertains. In defending against such a claim,
the guarantor may invoke (1) all rights and defenses which would be
available to the responsible party under this Act, (2) any defense
authorized under subsection (e) of this section, and (3) the defense
that the incident was caused by the willful misconduct of the
responsible party. The guarantor may not invoke any other defense that
might be available in proceedings brought by the responsible party
against the guarantor.
Subsec. (g). Pub. L. 104-324, Sec. 1125(a)(3), reenacted heading
without change and amended text generally. Prior to amendment, text read
as follows: ``Nothing in this Act shall impose liability with respect to
an incident on any guarantor for damages or removal costs which exceed,
in the aggregate, the amount of financial responsibility required under
this Act which that guarantor has provided for a responsible party.
1995--Subsec. (a). Pub. L. 104-55 substituted ``the responsible
party could be subjected under section 2704(a) or (d) of this title
for ``, in the case of a tank vessel, the responsible party could be
subject under section 2704(a)(1) or (d) of this title, or to which, in
the case of any other vessel, the responsible party could be subjected
under section 2704(a)(2) or (d) of this title.
Effective Date of 1996 Amendment
Section 1125(b) of Pub. L. 104-324 provided that: ``The amendment
made by subsection (a)(2) [amending this section] shall not apply to any
final rule issued before the date of enactment of this section [Oct. 19,
1996].
Delegation of Functions
Specific functions of President under subsec. (e) of this section
delegated to Secretary of the Interior and Secretary of Transportation
by section 5(a) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54764, set
out as a note under section 1321 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1503, 2705, 2715, 2716a,
2719 of this title; title 46 section 3715.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2716a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2716a. Financial responsibility civil penalties
(a) Administrative
Any person who, after notice and an opportunity for a hearing, is
found to have failed to comply with the requirements of section 2716 of
this title or the regulations issued under that section, or with a
denial or detention order issued under subsection (c)(2) of that
section, shall be liable to the United States for a civil penalty, not
to exceed $25,000 per day of violation. The amount of the civil penalty
shall be assessed by the President by written notice. In determining the
amount of the penalty, the President shall take into account the nature,
circumstances, extent, and gravity of the violation, the degree of
culpability, any history of prior violation, ability to pay, and such
other matters as justice may require. The President may compromise,
modify, or remit, with or without conditions, any civil penalty which is
subject to imposition or which had been imposed under this paragraph. If
any person fails to pay an assessed civil penalty after it has become
final, the President may refer the matter to the Attorney General for
collection.
(b) Judicial
In addition to, or in lieu of, assessing a penalty under subsection
(a) of this section, the President may request the Attorney General to
secure such relief as necessary to compel compliance with this \1\
section 2716 of this title, including a judicial order terminating
operations. The district courts of the United States shall have
jurisdiction to grant any relief as the public interest and the equities
of the case may require.
---------------------------------------------------------------------------
\1\ So in original. The word ``this probably should not appear.
---------------------------------------------------------------------------
(Pub. L. 101-380, title IV, Sec. 4303, Aug. 18, 1990, 104 Stat. 539.)
Codification
Section was not enacted as part of title I of Pub. L. 101-380 which
comprises this subchapter.
Delegation of Functions
Specific functions of President under this section delegated to
Secretary of Department in which Coast Guard is operating, Secretary of
the Interior, and Secretary of Transportation by section 5(b) of Ex.
Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54765, set out as a note under
section 1321 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2717]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2717. Litigation, jurisdiction, and venue
(a) Review of regulations
Review of any regulation promulgated under this Act may be had upon
application by any interested person only in the Circuit Court of
Appeals of the United States for the District of Columbia. Any such
application shall be made within 90 days from the date of promulgation
of such regulations. Any matter with respect to which review could have
been obtained under this subsection shall not be subject to judicial
review in any civil or criminal proceeding for enforcement or to obtain
damages or recovery of response costs.
(b) Jurisdiction
Except as provided in subsections (a) and (c) of this section, the
United States district courts shall have exclusive original jurisdiction
over all controversies arising under this Act, without regard to the
citizenship of the parties or the amount in controversy. Venue shall lie
in any district in which the discharge or injury or damages occurred, or
in which the defendant resides, may be found, has its principal office,
or has appointed an agent for service of process. For the purposes of
this section, the Fund shall reside in the District of Columbia.
(c) State court jurisdiction
A State trial court of competent jurisdiction over claims for
removal costs or damages, as defined under this Act, may consider claims
under this Act or State law and any final judgment of such court (when
no longer subject to ordinary forms of review) shall be recognized,
valid, and enforceable for all purposes of this Act.
(d) Assessment and collection of tax
The provisions of subsections (a), (b), and (c) of this section
shall not apply to any controversy or other matter resulting from the
assessment or collection of any tax, or to the review of any regulation
promulgated under title 26.
(e) Savings provision
Nothing in this subchapter shall apply to any cause of action or
right of recovery arising from any incident which occurred prior to
August 18, 1990. Such claims shall be adjudicated pursuant to the law
applicable on the date of the incident.
(f) Period of limitations
(1) Damages
Except as provided in paragraphs (3) and (4), an action for
damages under this Act shall be barred unless the action is brought
within 3 years after--
(A) the date on which the loss and the connection of the
loss with the discharge in question are reasonably discoverable
with the exercise of due care, or
(B) in the case of natural resource damages under section
2702(b)(2)(A) of this title, the date of completion of the
natural resources damage assessment under section 2706(c) of
this title.
(2) Removal costs
An action for recovery of removal costs referred to in section
2702(b)(1) of this title must be commenced within 3 years after
completion of the removal action. In any such action described in
this subsection, the court shall enter a declaratory judgment on
liability for removal costs or damages that will be binding on any
subsequent action or actions to recover further removal costs or
damages. Except as otherwise provided in this paragraph, an action
may be commenced under this subchapter for recovery of removal costs
at any time after such costs have been incurred.
(3) Contribution
No action for contribution for any removal costs or damages may
be commenced more than 3 years after--
(A) the date of judgment in any action under this Act for
recovery of such costs or damages, or
(B) the date of entry of a judicially approved settlement
with respect to such costs or damages.
(4) Subrogation
No action based on rights subrogated pursuant to this Act by
reason of payment of a claim may be commenced under this Act more
than 3 years after the date of payment of such claim.
(5) Commencement
The time limitations contained herein shall not begin to run--
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal
representative is duly appointed for such minor, or
(B) against an incompetent person until the earlier of the
date on which such incompetents incompetency ends or the date
on which a legal representative is duly appointed for such
incompetent.
(Pub. L. 101-380, title I, Sec. 1017, Aug. 18, 1990, 104 Stat. 504.)
References in Text
This Act, referred to in subsecs. (a), (b), (c), and (f), is Pub. L.
101-380, Aug. 18, 1990, 104 Stat. 484, as amended, known as the Oil
Pollution Act of 1990, which is classified principally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 2701 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 2709 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2718]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2718. Relationship to other law
(a) Preservation of State authorities; Solid Waste Disposal Act
Nothing in this Act or the Act of March 3, 1851 shall--
(1) affect, or be construed or interpreted as preempting, the
authority of any State or political subdivision thereof from
imposing any additional liability or requirements with respect to--
(A) the discharge of oil or other pollution by oil within
such State; or
(B) any removal activities in connection with such a
discharge; or
(2) affect, or be construed or interpreted to affect or modify
in any way the obligations or liabilities of any person under the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law,
including common law.
(b) Preservation of State funds
Nothing in this Act or in section 9509 of title 26 shall in any way
affect, or be construed to affect, the authority of any State--
(1) to establish, or to continue in effect, a fund any purpose
of which is to pay for costs or damages arising out of, or directly
resulting from, oil pollution or the substantial threat of oil
pollution; or
(2) to require any person to contribute to such a fund.
(c) Additional requirements and liabilities; penalties
Nothing in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et
seq.), or section 9509 of title 26, shall in any way affect, or be
construed to affect, the authority of the United States or any State or
political subdivision thereof--
(1) to impose additional liability or additional requirements;
or
(2) to impose, or to determine the amount of, any fine or
penalty (whether criminal or civil in nature) for any violation of
law;
relating to the discharge, or substantial threat of a discharge, of oil.
(d) Federal employee liability
For purposes of section 2679(b)(2)(B) of title 28, nothing in this
Act shall be construed to authorize or create a cause of action against
a Federal officer or employee in the officers or employees personal or
individual capacity for any act or omission while acting within the
scope of the officers or employees office or employment.
(Pub. L. 101-380, title I, Sec. 1018, Aug. 18, 1990, 104 Stat. 505.)
References in Text
This Act, referred to in text, is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which
is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out under section 2701
of this title and Tables.
Act of March 3, 1851, referred to in subsecs. (a) and (c), is act
Mar. 3, 1851, ch. 43, 9 Stat. 635, which was incorporated into the
Revised Statutes as R.S. Secs. 4282, 4283, 4284 to 4287 and 4289, and is
classified to sections 182, 183, and 184 to 188 of Title 46, Appendix,
Shipping.
The Solid Waste Disposal Act, referred to in subsec. (a)(2), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which
is classified generally to chapter 82 (Sec. 6901 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 6901 of Title 42
and Tables.
Report on Vessel Safety and Ability To Meet Legal Obligations
Pub. L. 102-241, Sec. 32, Dec. 19, 1991, 105 Stat. 2222, provided
that: ``Not later than one year after the date of enactment of this Act
[Dec. 19, 1991], the Secretary of Transportation shall report to
Congress on the effect of section 1018 of the Oil Pollution Act of 1990
(Public Law 101-380; 104 Stat. 484) [33 U.S.C. 2718] on the safety of
vessels being used to transport oil and the capability of owners and
operators to meet their legal obligations in the event of an oil
spill.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2719]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2719. State financial responsibility
A State may enforce, on the navigable waters of the State, the
requirements for evidence of financial responsibility under section 2716
of this title.
(Pub. L. 101-380, title I, Sec. 1019, Aug. 18, 1990, 104 Stat. 506.)
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2720]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2720. Differentiation among fats, oils, and greases
(a) In general
Except as provided in subsection (c) of this section, in issuing or
enforcing any regulation or establishing any interpretation or guideline
relating to the transportation, storage, discharge, release, emission,
or disposal of a fat, oil, or grease under any Federal law, the head of
that Federal agency shall--
(1) differentiate between and establish separate classes for--
(A) animal fats and oils and greases, and fish and marine
mammal oils, within the meaning of paragraph (2) of section
61(a) of title 13, and oils of vegetable origin, including oils
from the seeds, nuts, and kernels referred to in paragraph
(1)(A) of that section; and
(B) other oils and greases, including petroleum; and
(2) apply standards to different classes of fats and oils based
on considerations in subsection (b) of this section.
(b) Considerations
In differentiating between the class of fats, oils, and greases
described in subsection (a)(1)(A) of this section and the class of oils
and greases described in subsection (a)(1)(B) of this section, the head
of the Federal agency shall consider differences in the physical,
chemical, biological, and other properties, and in the environmental
effects, of the classes.
(c) Exception
The requirements of this Act shall not apply to the Food and Drug
Administration and the Food Safety and Inspection Service.
(Pub. L. 104-55, Sec. 2, Nov. 20, 1995, 109 Stat. 546.)
References in Text
This Act, referred to in subsec. (c), is Pub. L. 104-55, Nov. 20,
1995, 109 Stat. 546, which enacted this section and amended sections
2704 and 2716 of this title. For complete classification of this Act to
the Code, see Short Title of 1995 Amendment note set out under section
2701 of this title and Tables.
Codification
Section was enacted as part of the Edible Oil Regulatory Reform Act,
and not as part of title I of the Oil Pollution Act of 1990 which
comprises this subchapter.
Section is comprised of section 2 of Pub. L. 104-55. Subsec. (d) of
section 2 of Pub. L. 104-55 amended sections 2704 and 2716 of this
title.
Regulations
Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 343], Oct. 21,
1998, 112 Stat. 2681-439, 2681-473, provided that:
``(a) None of the funds made available by this Act or subsequent
Acts may be used by the Coast Guard to issue, implement, or enforce a
regulation or to establish an interpretation or guideline under the
Edible Oil Regulatory Reform Act (Public Law 104-55) [see Short Title of
1995 Amendment note set out under section 2701 of this title], or the
amendments made by that Act, that does not recognize and provide for,
with respect to fats, oils, and greases (as described in that Act, or
the amendments made by that Act) differences in--
``(1) physical, chemical, biological and other relevant
properties; and
``(2) environmental effects.
``(b) Not later than March 31, 1999, the Secretary of Transportation
shall issue regulations amending 33 CFR 154 to comply with the
requirements of Public Law 104-55.
Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2499, provided
that: ``Not later than March 31, 1999, the Administrator of the
Environmental Protection Agency shall issue regulations amending 40
C.F.R. 112 to comply with the requirements of the Edible Oil Regulatory
Reform Act (Public Law 104-55) [see Short Title of 1995 Amendment note
set out under section 2701 of this title]. Such regulations shall
differentiate between and establish separate classes for animal fats and
oils and greases, and fish and marine mammal oils (as described in that
Act), and other oils and greases, and shall apply standards to such
different classes of fats and oils based on differences in the physical,
chemical, biological, and other properties, and in the environmental
effects, of the classes. None of the funds made available by this Act or
in subsequent Acts may be used by the Environmental Protection Agency to
issue or to establish an interpretation or guidance relating to fats,
oils, and greases (as described in Public Law 104-55) that does not
comply with the requirements of the Edible Oil Regulatory Reform Act.
Sense of Congress on Implementation of Regulations Regarding Animal Fats
and Vegetable Oils
Pub. L. 104-324, title XI, Sec. 1130, Oct. 19, 1996, 110 Stat. 3985,
provided that:
``(a) Sense of Congress.--It is the sense of Congress that, in an
effort to reduce unnecessary regulatory burdens, a regulation issued or
enforced and an interpretation or guideline established pursuant to
Public Law 104-55 [see Short Title of 1995 Amendment note set out under
section 2701 of this title] should in any manner possible recognize and
provide for the differences in the physical, chemical, biological, and
other properties, and in the environmental effects, of the classes of
fats, oils, and greases described under that law.
``(b) Report.--Within 60 days after the date of enactment of this
section [Oct. 19, 1996] and on January 1 of each year thereafter, the
Secretary of Transportation shall submit a report to Congress on the
extent to which the implementation by the United States Coast Guard of
regulations issued or enforced, or interpretations or guidelines
established, pursuant to Public Law 104-55, carry out the intent of
Congress and recognize and provide for the differences in the physical,
chemical, biological, and other properties, and in the environmental
effects, of the classes of fats, oils, and greases described under that
law.
Section Referred to in Other Sections
This section is referred to in section 2704 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2731]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER II--PRINCE WILLIAM SOUND PROVISIONS
Sec. 2731. Oil Spill Recovery Institute
(a) Establishment of Institute
The Secretary of Commerce shall provide for the establishment of a
Prince William Sound Oil Spill Recovery Institute (hereinafter in this
section referred to as the ``Institute) through the Prince William
Sound Science and Technology Institute located in Cordova, Alaska.
(b) Functions
The Institute shall conduct research and carry out educational and
demonstration projects designed to--
(1) identify and develop the best available techniques,
equipment, and materials for dealing with oil spills in the arctic
and subarctic marine environment; and
(2) complement Federal and State damage assessment efforts and
determine, document, assess, and understand the long-range effects
of Arctic or Subarctic oil spills on the natural resources of Prince
William Sound and its adjacent waters (as generally depicted on the
map entitled ``EXXON VALDEZ oil spill dated March 1990), and the
environment, the economy, and the lifestyle and well-being of the
people who are dependent on them, except that the Institute shall
not conduct studies or make recommendations on any matter which is
not directly related to Arctic or Subarctic oil spills or the
effects thereof.
(c) Advisory board
(1) In general
The policies of the Institute shall be determined by an advisory
board, composed of 16 members appointed as follows:
(A) One representative appointed by each of the
Commissioners of Fish and Game, Environmental Conservation, and
Natural Resources of the State of Alaska, all of whom shall be
State employees.
(B) One representative appointed by each of the Secretaries
of Commerce, the Interior, and Transportation, who shall be
Federal employees.
(C) Two representatives from the fishing industry appointed
by the Governor of the State of Alaska from among residents of
communities in Alaska that were affected by the EXXON VALDEZ oil
spill, who shall serve terms of 2 years each. Interested
organizations from within the fishing industry may submit the
names of qualified individuals for consideration by the
Governor.
(D) Two Alaska Natives who represent Native entities
affected by the EXXON VALDEZ oil spill, at least one of whom
represents an entity located in Prince William Sound, appointed
by the Governor of Alaska from a list of 4 qualified individuals
submitted by the Alaska Federation of Natives, who shall serve
terms of 2 years each.
(E) Two representatives from the oil and gas industry to be
appointed by the Governor of the State of Alaska who shall serve
terms of 2 years each. Interested organizations from within the
oil and gas industry may submit the names of qualified
individuals for consideration by the Governor.
(F) Two at-large representatives from among residents of
communities in Alaska that were affected by the EXXON VALDEZ oil
spill who are knowledgeable about the marine environment and
wildlife within Prince William Sound, and who shall serve terms
of 2 years each, appointed by the remaining members of the
Advisory Board. Interested parties may submit the names of
qualified individuals for consideration by the Advisory Board.
(G) One nonvoting representative of the Institute of Marine
Science.
(H) One nonvoting representative appointed by the Prince
William Sound Science and Technology Institute.
(2) Chairman
The representative of the Secretary of Commerce shall serve as
Chairman of the Advisory Board.
(3) Policies
Policies determined by the Advisory Board under this subsection
shall include policies for the conduct and support, through
contracts and grants awarded on a nationally competitive basis, of
research, projects, and studies to be supported by the Institute in
accordance with the purposes of this section.
(4) Scientific review
The Advisory Board may request a scientific review of the
research program every five years by the National Academy of
Sciences which shall perform the review, if requested, as part of
its responsibilities under section 2761(b)(2) of this title.
(d) Scientific and technical committee
(1) In general
The Advisory Board shall establish a scientific and technical
committee, composed of specialists in matters relating to oil spill
containment and cleanup technology, arctic and subarctic marine
ecology, and the living resources and socioeconomics of Prince
William Sound and its adjacent waters, from the University of
Alaska, the Institute of Marine Science, the Prince William Sound
Science and Technology Institute, and elsewhere in the academic
community.
(2) Functions
The Scientific and Technical Committee shall provide such advice
to the Advisory Board as the Advisory Board shall request, including
recommendations regarding the conduct and support of research,
projects, and studies in accordance with the purposes of this
section. The Advisory Board shall not request, and the Committee
shall not provide, any advice which is not directly related to
Arctic or Subarctic oil spills or the effects thereof.
(e) Director
The Institute shall be administered by a Director appointed by the
Advisory Board. The Prince William Sound Science and Technology
Institute and the Scientific and Technical Committee may each submit
independent recommendations for the Advisory Boards consideration for
appointment as Director. The Director may hire such staff and incur such
expenses on behalf of the Institute as are authorized by the Advisory
Board.
(f) Evaluation
The Secretary of Commerce may conduct an ongoing evaluation of the
activities of the Institute to ensure that funds received by the
Institute are used in a manner consistent with this section.
(g) Audit
The Comptroller General of the United States, and any of his or her
duly authorized representatives, shall have access, for purposes of
audit and examination, to any books, documents, papers, and records of
the Institute and its administering agency that are pertinent to the
funds received and expended by the Institute and its administering
agency.
(h) Status of employees
Employees of the Institute shall not, by reason of such employment,
be considered to be employees of the Federal Government for any purpose.
(i) Termination
The authorization in section 2736(b) of this title providing funding
for the Institute shall terminate 10 years after October 19, 1996.
(j) Use of funds
No funds made available to carry out this section may be used to
initiate litigation. No funds made available to carry out this section
may be used for the acquisition of real property (including buildings)
or construction of any building. No more than 20 percent of funds made
available to carry out this section may be used to lease necessary
facilities and to administer the Institute. The Advisory Board may
compensate its Federal representatives for their reasonable travel
costs. None of the funds authorized by this section shall be used for
any purpose other than the functions specified in subsection (b) of this
section.
(k) Research
The Institute shall publish and make available to any person upon
request the results of all research, educational, and demonstration
projects conducted by the Institute. The Administrator shall provide a
copy of all research, educational, and demonstration projects conducted
by the Institute to the National Oceanic and Atmospheric Administration.
(l) ``Prince William Sound and its adjacent waters defined
In this section, the term ``Prince William Sound and its adjacent
waters means such sound and waters as generally depicted on the map
entitled ``EXXON VALDEZ oil spill dated March 1990.
(Pub. L. 101-380, title V, Sec. 5001, Aug. 18, 1990, 104 Stat. 542; Pub.
L. 104-324, title XI, Sec. 1102(a), Oct. 19, 1996, 110 Stat. 3964.)
Amendments
1996--Subsec. (a). Pub. L. 104-324, Sec. 1102(a)(1), (2), struck out
``to be administered by the Secretary of Commerce after ``as the
`Institute) and substituted ``located for ``and located.
Subsec. (b)(2). Pub. L. 104-324, Sec. 1102(a)(3), substituted
``Arctic or Subarctic oil spills for ``the EXXON VALDEZ oil spill in
two places.
Subsec. (c)(1). Pub. L. 104-324, Sec. 1102(a)(4), substituted ``16
for ``18 in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 104-324, Sec. 1102(a)(5), substituted ``,
and Natural Resources for ``, Natural Resources, and Commerce and
Economic Development.
Subsec. (c)(1)(B). Pub. L. 104-324, Sec. 1102(a)(6), (8), added
subpar. (B) and struck out former subpar. (B) which read as follows:
``One representative appointed by each of--
``(i) the Secretaries of Commerce, the Interior, Agriculture,
Transportation, and the Navy; and
``(ii) the Administrator of the Environmental Protection Agency;
all of whom shall be Federal employees.
Subsec. (c)(1)(C). Pub. L. 104-324, Sec. 1102(a)(6), (8), added
subpar. (C) and struck out former subpar. (C) which read as follows: ``4
representatives appointed by the Secretary of Commerce from among
residents of communities in Alaska that were affected by the EXXON
VALDEZ oil spill who are knowledgeable about fisheries, other local
industries, the marine environment, wildlife, public health, safety, or
education. At least 2 of the representatives shall be appointed from
among residents of communities located in Prince William Sound. The
Secretary shall appoint residents to serve terms of 2 years each, from a
list of 8 qualified individuals to be submitted by the Governor of the
State of Alaska based on recommendations made by the governing body of
each affected community. Each affected community may submit the names of
2 qualified individuals for the Governors consideration. No more than 5
of the 8 qualified persons recommended by the Governor shall be members
of the same political party.
Subsec. (c)(1)(D). Pub. L. 104-324, Sec. 1102(a)(6), (8), added
subpar. (D) and struck out former subpar. (D) which read as follows: ``3
Alaska Natives who represent Native entities affected by the EXXON
VALDEZ oil spill, at least one of whom represents an entity located in
Prince William Sound, to serve terms of 2 years each from a list of 6
qualified individuals submitted by the Alaska Federation of Natives.
Subsec. (c)(1)(E) to (H). Pub. L. 104-324, Sec. 1102(a)(7), (8),
added subpars. (E) and (F) and redesignated former subpars. (E) and (F)
as (G) and (H), respectively.
Subsec. (c)(4). Pub. L. 104-324, Sec. 1102(a)(9), added par. (4).
Subsec. (d)(2). Pub. L. 104-324, Sec. 1102(a)(10), substituted
``Arctic or Subarctic oil spills for ``the EXXON VALDEZ oil spill.
Subsec. (e). Pub. L. 104-324, Sec. 1102(a)(11)-(13), substituted
``appointed by the Advisory Board for ``appointed by the Secretary of
Commerce, struck out ``, the Advisory Board, after ``Technology
Institute, and substituted ``Advisory Boards for ``Secretarys.
Subsec. (i). Pub. L. 104-324, Sec. 1102(a)(14), (15), inserted
``authorization in section 2736(b) of this title providing funding for
the after ``The and substituted ``October 19, 1996 for ``August
18, 1990.
Subsec. (j). Pub. L. 104-324, Sec. 1102(a)(16), (17), struck out
first sentence which read as follows: ``All funds authorized for the
Institute shall be provided through the National Oceanic and Atmospheric
Administration., and inserted ``The Advisory Board may compensate its
Federal representatives for their reasonable travel costs. after
``Institute.
Termination of Advisory Boards
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a board established by the
President or an officer of the Federal Government, such board is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a board established by Congress, its duration is
otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title
5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 2736, 2761 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2732]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER II--PRINCE WILLIAM SOUND PROVISIONS
Sec. 2732. Terminal and tanker oversight and monitoring
(a) Short title and findings
(1) Short title
This section may be cited as the ``Oil Terminal and Oil Tanker
Environmental Oversight and Monitoring Act of 1990.
(2) Findings
The Congress finds that--
(A) the March 24, 1989, grounding and rupture of the fully
loaded oil tanker, the EXXON VALDEZ, spilled 11 million gallons
of crude oil in Prince William Sound, an environmentally
sensitive area;
(B) many people believe that complacency on the part of the
industry and government personnel responsible for monitoring the
operation of the Valdez terminal and vessel traffic in Prince
William Sound was one of the contributing factors to the EXXON
VALDEZ oil spill;
(C) one way to combat this complacency is to involve local
citizens in the process of preparing, adopting, and revising oil
spill contingency plans;
(D) a mechanism should be established which fosters the
long-term partnership of industry, government, and local
communities in overseeing compliance with environmental concerns
in the operation of crude oil terminals;
(E) such a mechanism presently exists at the Sullom Voe
terminal in the Shetland Islands and this terminal should serve
as a model for others;
(F) because of the effective partnership that has developed
at Sullom Voe, Sullom Voe is considered the safest terminal in
Europe;
(G) the present system of regulation and oversight of crude
oil terminals in the United States has degenerated into a
process of continual mistrust and confrontation;
(H) only when local citizens are involved in the process
will the trust develop that is necessary to change the present
system from confrontation to consensus;
(I) a pilot program patterned after Sullom Voe should be
established in Alaska to further refine the concepts and
relationships involved; and
(J) similar programs should eventually be established in
other major crude oil terminals in the United States because the
recent oil spills in Texas, Delaware, and Rhode Island indicate
that the safe transportation of crude oil is a national problem.
(b) Demonstration programs
(1) Establishment
There are established 2 Oil Terminal and Oil Tanker
Environmental Oversight and Monitoring Demonstration Programs
(hereinafter referred to as ``Programs) to be carried out in the
State of Alaska.
(2) Advisory function
The function of these Programs shall be advisory only.
(3) Purpose
The Prince William Sound Program shall be responsible for
environmental monitoring of the terminal facilities in Prince
William Sound and the crude oil tankers operating in Prince William
Sound. The Cook Inlet Program shall be responsible for environmental
monitoring of the terminal facilities and crude oil tankers
operating in Cook Inlet located South of the latitude at Point
Possession and North of the latitude at Amatuli Island, including
offshore facilities in Cook Inlet.
(4) Suits barred
No program, association, council, committee or other
organization created by this section may sue any person or entity,
public or private, concerning any matter arising under this section
except for the performance of contracts.
(c) Oil Terminal Facilities and Oil Tanker Operations Association
(1) Establishment
There is established an Oil Terminal Facilities and Oil Tanker
Operations Association (hereinafter in this section referred to as
the ``Association) for each of the Programs established under
subsection (b) of this section.
(2) Membership
Each Association shall be comprised of 4 individuals as follows:
(A) One individual shall be designated by the owners and
operators of the terminal facilities and shall represent those
owners and operators.
(B) One individual shall be designated by the owners and
operators of the crude oil tankers calling at the terminal
facilities and shall represent those owners and operators.
(C) One individual shall be an employee of the State of
Alaska, shall be designated by the Governor of the State of
Alaska, and shall represent the State government.
(D) One individual shall be an employee of the Federal
Government, shall be designated by the President, and shall
represent the Federal Government.
(3) Responsibilities
Each Association shall be responsible for reviewing policies
relating to the operation and maintenance of the oil terminal
facilities and crude oil tankers which affect or may affect the
environment in the vicinity of their respective terminals. Each
Association shall provide a forum among the owners and operators of
the terminal facilities, the owners and operators of crude oil
tankers calling at those facilities, the United States, and the
State of Alaska to discuss and to make recommendations concerning
all permits, plans, and site-specific regulations governing the
activities and actions of the terminal facilities which affect or
may affect the environment in the vicinity of the terminal
facilities and of crude oil tankers calling at those facilities.
(4) Designation of existing organization
The Secretary may designate an existing nonprofit organization
as an Association under this subsection if the organization is
organized to meet the purposes of this section and consists of at
least the individuals listed in paragraph (2).
(d) Regional Citizens Advisory Councils
(1) Membership
There is established a Regional Citizens Advisory Council
(hereinafter in this section referred to as the ``Council) for
each of the programs established by subsection (b) of this section.
(2) Membership
Each Council shall be composed of voting members and nonvoting
members, as follows:
(A) Voting members
Voting members shall be Alaska residents and, except as
provided in clause (vii) of this paragraph, shall be appointed
by the Governor of the State of Alaska from a list of nominees
provided by each of the following interests, with one
representative appointed to represent each of the following
interests, taking into consideration the need for regional
balance on the Council:
(i) Local commercial fishing industry organizations, the
members of which depend on the fisheries resources of the
waters in the vicinity of the terminal facilities.
(ii) Aquaculture associations in the vicinity of the
terminal facilities.
(iii) Alaska Native Corporations and other Alaska Native
organizations the members of which reside in the vicinity of
the terminal facilities.
(iv) Environmental organizations the members of which
reside in the vicinity of the terminal facilities.
(v) Recreational organizations the members of which
reside in or use the vicinity of the terminal facilities.
(vi) The Alaska State Chamber of Commerce, to represent
the locally based tourist industry.
(vii)(I) For the Prince William Sound Terminal
Facilities Council, one representative selected by each of
the following municipalities: Cordova, Whittier, Seward,
Valdez, Kodiak, the Kodiak Island Borough, and the Kenai
Peninsula Borough.
(II) For the Cook Inlet Terminal Facilities Council, one
representative selected by each of the following
municipalities: Homer, Seldovia, Anchorage, Kenai, Kodiak,
the Kodiak Island Borough, and the Kenai Peninsula Borough.
(B) Nonvoting members
One ex-officio, nonvoting representative shall be designated
by, and represent, each of the following:
(i) The Environmental Protection Agency.
(ii) The Coast Guard.
(iii) The National Oceanic and Atmospheric
Administration.
(iv) The United States Forest Service.
(v) The Bureau of Land Management.
(vi) The Alaska Department of Environmental
Conservation.
(vii) The Alaska Department of Fish and Game.
(viii) The Alaska Department of Natural Resources.
(ix) The Division of Emergency Services, Alaska
Department of Military and Veterans Affairs.
(3) Terms
(A) Duration of Councils
The term of the Councils shall continue throughout the life
of the operation of the Trans-Alaska Pipeline System and so long
as oil is transported to or from Cook Inlet.
(B) Three years
The voting members of each Council shall be appointed for a
term of 3 years except as provided for in subparagraph (C).
(C) Initial appointments
The terms of the first appointments shall be as follows:
(i) For the appointments by the Governor of the State of
Alaska, one-third shall serve for 3 years, one-third shall
serve for 2 years, and one-third shall serve for one year.
(ii) For the representatives of municipalities required
by subsection (d)(2)(A)(vii) of this section, a drawing of
lots among the appointees shall determine that one-third of
that group serves for 3 years, one-third serves for 2 years,
and the remainder serves for 1 year.
(4) Self-governing
Each Council shall elect its own chairperson, select its own
staff, and make policies with regard to its internal operating
procedures. After the initial organizational meeting called by the
Secretary under subsection (i) of this section, each Council shall
be self-governing.
(5) Dual membership and conflicts of interest prohibited
(A) No individual selected as a member of the Council shall
serve on the Association.
(B) No individual selected as a voting member of the Council
shall be engaged in any activity which might conflict with such
individual carrying out his functions as a member thereof.
(6) Duties
Each Council shall--
(A) provide advice and recommendations to the Association on
policies, permits, and site-specific regulations relating to the
operation and maintenance of terminal facilities and crude oil
tankers which affect or may affect the environment in the
vicinity of the terminal facilities;
(B) monitor through the committee established under
subsection (e) of this section, the environmental impacts of the
operation of the terminal facilities and crude oil tankers;
(C) monitor those aspects of terminal facilities and crude
oil tankers operations and maintenance which affect or may
affect the environment in the vicinity of the terminal
facilities;
(D) review through the committee established under
subsection (f) of this section, the adequacy of oil spill
prevention and contingency plans for the terminal facilities and
the adequacy of oil spill prevention and contingency plans for
crude oil tankers, operating in Prince William Sound or in Cook
Inlet;
(E) provide advice and recommendations to the Association on
port operations, policies and practices;
(F) recommend to the Association--
(i) standards and stipulations for permits and site-
specific regulations intended to minimize the impact of the
terminal facilities and crude oil tankers operations in
the vicinity of the terminal facilities;
(ii) modifications of terminal facility operations and
maintenance intended to minimize the risk and mitigate the
impact of terminal facilities, operations in the vicinity of
the terminal facilities and to minimize the risk of oil
spills;
(iii) modifications of crude oil tanker operations and
maintenance in Prince William Sound and Cook Inlet intended
to minimize the risk and mitigate the impact of oil spills;
and
(iv) modifications to the oil spill prevention and
contingency plans for terminal facilities and for crude oil
tankers in Prince William Sound and Cook Inlet intended to
enhance the ability to prevent and respond to an oil spill;
and
(G) create additional committees of the Council as necessary
to carry out the above functions, including a scientific and
technical advisory committee to the Prince William Sound
Council.
(7) No estoppel
No Council shall be held liable under State or Federal law for
costs or damages as a result of rendering advice under this section.
Nor shall any advice given by a voting member of a Council, or
program representative or agent, be grounds for estopping the
interests represented by the voting Council members from seeking
damages or other appropriate relief.
(8) Scientific work
In carrying out its research, development and monitoring
functions, each Council is authorized to conduct its own scientific
research and shall review the scientific work undertaken by or on
behalf of the terminal operators or crude oil tanker operators as a
result of a legal requirement to undertake that work. Each Council
shall also review the relevant scientific work undertaken by or on
behalf of any government entity relating to the terminal facilities
or crude oil tankers. To the extent possible, to avoid unnecessary
duplication, each Council shall coordinate its independent
scientific work with the scientific work performed by or on behalf
of the terminal operators and with the scientific work performed by
or on behalf of the operators of the crude oil tankers.
(e) Committee for Terminal and Oil Tanker Operations and Environmental
Monitoring
(1) Monitoring Committee
Each Council shall establish a standing Terminal and Oil Tanker
Operations and Environmental Monitoring Committee (hereinafter in
this section referred to as the ``Monitoring Committee) to devise
and manage a comprehensive program of monitoring the environmental
impacts of the operations of terminal facilities and of crude oil
tankers while operating in Prince William Sound and Cook Inlet. The
membership of the Monitoring Committee shall be made up of members
of the Council, citizens, and recognized scientific experts selected
by the Council.
(2) Duties
In fulfilling its responsibilities, the Monitoring Committee
shall--
(A) advise the Council on a monitoring strategy that will
permit early detection of environmental impacts of terminal
facility operations and crude oil tanker operations while in
Prince William Sound and Cook Inlet;
(B) develop monitoring programs and make recommendations to
the Council on the implementation of those programs;
(C) at its discretion, select and contract with universities
and other scientific institutions to carry out specific
monitoring projects authorized by the Council pursuant to an
approved monitoring strategy;
(D) complete any other tasks assigned by the Council; and
(E) provide written reports to the Council which interpret
and assess the results of all monitoring programs.
(f) Committee for Oil Spill Prevention, Safety, and Emergency Response
(1) Technical Oil Spill Committee
Each Council shall establish a standing technical committee
(hereinafter referred to as ``Oil Spill Committee) to review and
assess measures designed to prevent oil spills and the planning and
preparedness for responding to, containing, cleaning up, and
mitigating impacts of oil spills. The membership of the Oil Spill
Committee shall be made up of members of the Council, citizens, and
recognized technical experts selected by the Council.
(2) Duties
In fulfilling its responsibilities, the Oil Spill Committee
shall--
(A) periodically review the respective oil spill prevention
and contingency plans for the terminal facilities and for the
crude oil tankers while in Prince William Sound or Cook Inlet,
in light of new technological developments and changed
circumstances;
(B) monitor periodic drills and testing of the oil spill
contingency plans for the terminal facilities and for crude oil
tankers while in Prince William Sound and Cook Inlet;
(C) study wind and water currents and other environmental
factors in the vicinity of the terminal facilities which may
affect the ability to prevent, respond to, contain, and clean up
an oil spill;
(D) identify highly sensitive areas which may require
specific protective measures in the event of a spill in Prince
William Sound or Cook Inlet;
(E) monitor developments in oil spill prevention,
containment, response, and cleanup technology;
(F) periodically review port organization, operations,
incidents, and the adequacy and maintenance of vessel traffic
service systems designed to assure safe transit of crude oil
tankers pertinent to terminal operations;
(G) periodically review the standards for tankers bound for,
loading at, exiting from, or otherwise using the terminal
facilities;
(H) complete any other tasks assigned by the Council; and
(I) provide written reports to the Council outlining its
findings and recommendations.
(g) Agency cooperation
On and after the expiration of the 180-day period following August
18, 1990, each Federal department, agency, or other instrumentality
shall, with respect to all permits, site-specific regulations, and other
matters governing the activities and actions of the terminal facilities
which affect or may affect the vicinity of the terminal facilities,
consult with the appropriate Council prior to taking substantive action
with respect to the permit, site-specific regulation, or other matter.
This consultation shall be carried out with a view to enabling the
appropriate Association and Council to review the permit, site-specific
regulation, or other matters and make appropriate recommendations
regarding operations, policy or agency actions. Prior consultation shall
not be required if an authorized Federal agency representative
reasonably believes that an emergency exists requiring action without
delay.
(h) Recommendations of Council
In the event that the Association does not adopt, or significantly
modifies before adoption, any recommendation of the Council made
pursuant to the authority granted to the Council in subsection (d) of
this section, the Association shall provide to the Council, in writing,
within 5 days of its decision, notice of its decision and a written
statement of reasons for its rejection or significant modification of
the recommendation.
(i) Administrative actions
Appointments, designations, and selections of individuals to serve
as members of the Associations and Councils under this section shall be
submitted to the Secretary prior to the expiration of the 120-day period
following August 18, 1990. On or before the expiration of the 180-day
period following August 18, 1990, the Secretary shall call an initial
meeting of each Association and Council for organizational purposes.
(j) Location and compensation
(1) Location
Each Association and Council established by this section shall
be located in the State of Alaska.
(2) Compensation
No member of an Association or Council shall be compensated for
the members services as a member of the Association or Council, but
shall be allowed travel expenses, including per diem in lieu of
subsistence, at a rate established by the Association or Council not
to exceed the rates authorized for employees of agencies under
sections 5702 and 5703 of title 5. However, each Council may enter
into contracts to provide compensation and expenses to members of
the committees created under subsections (d), (e), and (f) of this
section.
(k) Funding
(1) Requirement
Approval of the contingency plans required of owners and
operators of the Cook Inlet and Prince William Sound terminal
facilities and crude oil tankers while operating in Alaskan waters
in commerce with those terminal facilities shall be effective only
so long as the respective Association and Council for a facility are
funded pursuant to paragraph (2).
(2) Prince William Sound Program
The owners or operators of terminal facilities or crude oil
tankers operating in Prince William Sound shall provide, on an
annual basis, an aggregate amount of not more than $2,000,000, as
determined by the Secretary. Such amount--
(A) shall provide for the establishment and operation on the
environmental oversight and monitoring program in Prince William
Sound;
(B) shall be adjusted annually by the Anchorage Consumer
Price Index; and
(C) may be adjusted periodically upon the mutual consent of
the owners or operators of terminal facilities or crude oil
tankers operating in Prince William Sound and the Prince William
Sound terminal facilities Council.
(3) Cook Inlet Program
The owners or operators of terminal facilities, offshore
facilities, or crude oil tankers operating in Cook Inlet shall
provide, on an annual basis, an aggregate amount of not more than
$1,000,000, as determined by the Secretary. Such amount--
(A) shall provide for the establishment and operation of the
environmental oversight and monitoring program in Cook Inlet;
(B) shall be adjusted annually by the Anchorage Consumer
Price Index; and
(C) may be adjusted periodically upon the mutual consent of
the owners or operators of terminal facilities, offshore
facilities, or crude oil tankers operating in Cook Inlet and the
Cook Inlet Council.
(l) Reports
(1) Associations and Councils
Prior to the expiration of the 36-month period following August
18, 1990, each Association and Council established by this section
shall report to the President and the Congress concerning its
activities under this section, together with its recommendations.
(2) GAO
Prior to the expiration of the 36-month period following August
18, 1990, the General Accounting Office shall report to the
President and the Congress as to the handling of funds, including
donated funds, by the entities carrying out the programs under this
section, and the effectiveness of the demonstration programs carried
out under this section, together with its recommendations.
(m) Definitions
As used in this section, the term--
(1) ``terminal facilities means--
(A) in the case of the Prince William Sound Program, the
entire oil terminal complex located in Valdez, Alaska,
consisting of approximately 1,000 acres including all buildings,
docks (except docks owned by the City of Valdez if those docks
are not used for loading of crude oil), pipes, piping, roads,
ponds, tanks, crude oil tankers only while at the terminal dock,
tanker escorts owned or operated by the operator of the
terminal, vehicles, and other facilities associated with, and
necessary for, assisting tanker movement of crude oil into and
out of the oil terminal complex; and
(B) in the case of the Cook Inlet Program, the entire oil
terminal complex including all buildings, docks, pipes, piping,
roads, ponds, tanks, vessels, vehicles, crude oil tankers only
while at the terminal dock, tanker escorts owned or operated by
the operator of the terminal, emergency spill response vessels
owned or operated by the operator of the terminal, and other
facilities associated with, and necessary for, assisting tanker
movement of crude oil into and out of the oil terminal complex;
(2) ``crude oil tanker means a tanker (as that term is defined
under section 2101 of title 46)--
(A) in the case of the Prince William Sound Program, calling
at the terminal facilities for the purpose of receiving and
transporting oil to refineries, operating north of Middleston
Island and bound for or exiting from Prince William Sound; and
(B) in the case of the Cook Inlet Program, calling at the
terminal facilities for the purpose of receiving and
transporting oil to refineries and operating in Cook Inlet and
the Gulf of Alaska north of Amatuli Island, including tankers
transiting to Cook Inlet from Prince William Sound;
(3) ``vicinity of the terminal facilities means that
geographical area surrounding the environment of terminal facilities
which is directly affected or may be directly affected by the
operation of the terminal facilities; and
(4) ``Secretary means the Secretary of Transportation.
(n) Savings clause
(1) Regulatory authority
Nothing in this section shall be construed as modifying,
repealing, superseding, or preempting any municipal, State or
Federal law or regulation, or in any way affecting litigation
arising from oil spills or the rights and responsibilities of the
United States or the State of Alaska, or municipalities thereof, to
preserve and protect the environment through regulation of land,
air, and water uses, of safety, and of related development. The
monitoring provided for by this section shall be designed to help
assure compliance with applicable laws and regulations and shall
only extend to activities--
(A) that would affect or have the potential to affect the
vicinity of the terminal facilities and the area of crude oil
tanker operations included in the Programs; and
(B) are subject to the United States or State of Alaska, or
municipality thereof, law, regulation, or other legal
requirement.
(2) Recommendations
This subsection is not intended to prevent the Association or
Council from recommending to appropriate authorities that existing
legal requirements should be modified or that new legal requirements
should be adopted.
(o) Alternative voluntary advisory group in lieu of Council
The requirements of subsections (c) through (l) of this section, as
such subsections apply respectively to the Prince William Sound Program
and the Cook Inlet Program, are deemed to have been satisfied so long as
the following conditions are met:
(1) Prince William Sound
With respect to the Prince William Sound Program, the Alyeska
Pipeline Service Company or any of its owner companies enters into a
contract for the duration of the operation of the Trans-Alaska
Pipeline System with the Alyeska Citizens Advisory Committee in
existence on August 18, 1990, or a successor organization, to fund
that Committee or organization on an annual basis in the amount
provided for by subsection (k)(2)(A) of this section and the
President annually certifies that the Committee or organization
fosters the general goals and purposes of this section and is
broadly representative of the communities and interests in the
vicinity of the terminal facilities and Prince William Sound.
(2) Cook Inlet
With respect to the Cook Inlet Program, the terminal facilities,
offshore facilities, or crude oil tanker owners and operators enter
into a contract with a voluntary advisory organization to fund that
organization on an annual basis and the President annually certifies
that the organization fosters the general goals and purposes of this
section and is broadly representative of the communities and
interests in the vicinity of the terminal facilities and Cook Inlet.
(Pub. L. 101-380, title V, Sec. 5002, Aug. 18, 1990, 104 Stat. 544.)
Delegation of Functions
Functions of President under subsecs. (c)(2)(D) and (o) of this
section delegated to Secretary of Transportation by section 8(f), (g) of
Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54769, set out as a note
under section 1321 of this title.
Prince William Sound Regional Citizens Advisory Committee
Certification of President of the United States, Mar. 21, 1991, 56
F.R. 12439, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section 5002(o)(1)
of the Oil Pollution Act of 1990 (Public Law 101-380, 104 Stat. 552) [33
U.S.C. 2732(o)(1)], I hereby certify for the year 1991 the following:
(1) that the Prince William Sound Regional Citizens Advisory
Committee fosters the general goals and purposes of section 5002 of the
Oil Pollution Act of 1990 for the year 1991; and
(2) that the Prince William Sound Regional Citizens Advisory
Committee is broadly representative of the communities and interests in
the vicinity of the terminal facilities and Prince William Sound.
This certification shall be published in the Federal Register.
George Bush.
Cook Inlet Regional Citizens Advisory Council
Certification of President of the United States, Aug. 6, 1991, 56
F.R. 37819, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section 5002(o)(2)
of the Oil Pollution Act of 1990 [33 U.S.C. 2732(o)(2)], I hereby
certify for the year 1991 the following:
(1) that the Cook Inlet Regional Citizens Advisory Council has met
the general goals and purposes of section 5002 of the Oil Pollution Act
of 1990 for the year 1991; and
(2) that the Cook Inlet Regional Citizens Advisory Council is
broadly representative of the communities and interests in the vicinity
of the terminal facilities and offshore facilities in Cook Inlet.
This certification shall be published in the Federal Register.
George Bush.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2733]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER II--PRINCE WILLIAM SOUND PROVISIONS
Sec. 2733. Bligh Reef light
The Secretary of Transportation shall within one year after August
18, 1990, install and ensure operation of an automated navigation light
on or adjacent to Bligh Reef in Prince William Sound, Alaska, of
sufficient power and height to provide long-range warning of the
location of Bligh Reef.
(Pub. L. 101-380, title V, Sec. 5003, Aug. 18, 1990, 104 Stat. 553.)
Section Referred to in Other Sections
This section is referred to in section 2736 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2734]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER II--PRINCE WILLIAM SOUND PROVISIONS
Sec. 2734. Vessel traffic service system
The Secretary of Transportation shall within one year after August
18, 1990--
(1) acquire, install, and operate such additional equipment
(which may consist of radar, closed circuit television, satellite
tracking systems, or other shipboard dependent surveillance), train
and locate such personnel, and issue such final regulations as are
necessary to increase the range of the existing VTS system in the
Port of Valdez, Alaska, sufficiently to track the locations and
movements of tank vessels carrying oil from the Trans-Alaska
Pipeline when such vessels are transiting Prince William Sound,
Alaska, and to sound an audible alarm when such tankers depart from
designated navigation routes; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Merchant Marine
and Fisheries of the House of Representatives a report on the
feasibility and desirability of instituting positive control of tank
vessel movements in Prince William Sound by Coast Guard personnel
using the Port of Valdez, Alaska, VTS system, as modified pursuant
to paragraph (1).
(Pub. L. 101-380, title V, Sec. 5004, Aug. 18, 1990, 104 Stat. 553.)
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
treatment of references to Committee on Merchant Marine and Fisheries,
see section 1(b)(3) of Pub. L. 104-14, set out as a note preceding
section 21 of Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in section 2736 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2735]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER II--PRINCE WILLIAM SOUND PROVISIONS
Sec. 2735. Equipment and personnel requirements under tank
vessel and facility response plans
(a) In general
In addition to the requirements for response plans for vessels
established by section 1321(j) of this title, a response plan for a
tanker loading cargo at a facility permitted under the Trans-Alaska
Pipeline Authorization Act (43 U.S.C. 1651 et seq.), and a response plan
for such a facility, shall provide for--
(1) prepositioned oil spill containment and removal equipment in
communities and other strategic locations within the geographic
boundaries of Prince William Sound, including escort vessels with
skimming capability; barges to receive recovered oil; heavy duty sea
boom, pumping, transferring, and lightering equipment; and other
appropriate removal equipment for the protection of the environment,
including fish hatcheries;
(2) the establishment of an oil spill removal organization at
appropriate locations in Prince William Sound, consisting of trained
personnel in sufficient numbers to immediately remove, to the
maximum extent practicable, a worst case discharge or a discharge of
200,000 barrels of oil, whichever is greater;
(3) training in oil removal techniques for local residents and
individuals engaged in the cultivation or production of fish or fish
products in Prince William Sound;
(4) practice exercises not less than 2 times per year which test
the capacity of the equipment and personnel required under this
paragraph; and
(5) periodic testing and certification of equipment required
under this paragraph, as required by the Secretary.
(b) Definitions
In this section--
(1) the term ``Prince William Sound means all State and
Federal waters within Prince William Sound, Alaska, including the
approach to Hinchenbrook Entrance out to and encompassing Seal
Rocks; and
(2) the term ``worst case discharge means--
(A) in the case of a vessel, a discharge in adverse weather
conditions of its entire cargo; and
(B) in the case of a facility, the largest foreseeable
discharge in adverse weather conditions.
(Pub. L. 101-380, title V, Sec. 5005, Aug. 18, 1990, 104 Stat. 553; Pub.
L. 102-388, title III, Sec. 354, Oct. 6, 1992, 106 Stat. 1555.)
References in Text
The Trans-Alaska Pipeline Authorization Act, referred to in subsec.
(a), is title II of Pub. L. 93-153, Nov. 16, 1973, 87 Stat. 584, which
is classified generally to chapter 34 (Sec. 1651 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 1651 of Title 43 and Tables.
Amendments
1992--Subsec. (a). Pub. L. 102-388 substituted ``tanker loading
cargo at for ``tank vessel operating on Prince William Sound, or and
directed the insertion of ``and a response plan for such a facility,
after ``(43 U.S.C. 1651 et seq.)., which was executed by making the
insertion after ``(43 U.S.C. 1651 et seq.), to reflect the probable
intent of Congress.
Sec. 2736. Funding.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2737]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER II--PRINCE WILLIAM SOUND PROVISIONS
Sec. 2737. Limitation
Notwithstanding any other law, tank vessels that have spilled more
than 1,000,000 gallons of oil into the marine environment after March
22, 1989, are prohibited from operating on the navigable waters of
Prince William Sound, Alaska.
(Pub. L. 101-380, title V, Sec. 5007, Aug. 18, 1990, 104 Stat. 554.)
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2738]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER II--PRINCE WILLIAM SOUND PROVISIONS
Sec. 2738. North Pacific Marine Research Institute
(a) Institute established
The Secretary of Commerce shall establish a North Pacific Marine
Research Institute (hereafter in this section referred to as the
``Institute) to be administered at the Alaska SeaLife Center by the
North Pacific Research Board.
(b) Functions
The Institute shall--
(1) conduct research and carry out education and demonstration
projects on or relating to the North Pacific marine ecosystem with
particular emphasis on marine mammal, sea bird, fish, and shellfish
populations in the Bering Sea and Gulf of Alaska including
populations located in or near Kenai Fjords National Park and the
Alaska Maritime National Wildlife Refuge; and
(2) lease, maintain, operate, and upgrade the necessary research
equipment and related facilities necessary to conduct such research
at the Alaska SeaLife Center.
(c) Evaluation and audit
The Secretary of Commerce may periodically evaluate the activities
of the Institute to ensure that funds received by the Institute are used
in a manner consistent with this section. The Federal Advisory Committee
Act [5 U.S.C. App.] shall not apply to the Institute.
(d) Status of employees
Employees of the Institute shall not, by reason of such employment,
be considered to be employees of the Federal Government for any purpose.
(e) Use of funds
No funds made available to carry out this section may be used to
initiate litigation, or for the acquisition of real property (other than
facilities leased at the Alaska SeaLife Center). No more than 10 percent
of the funds made available to carry out subsection (b)(1) of this
section may be used to administer the Institute. The administrative
funds of the Institute and the administrative funds of the North Pacific
Research Board created under Public Law 105-83 may be used to jointly
administer such programs at the discretion of the North Pacific Research
Board.
(f) Availability of research
The Institute shall publish and make available to any person on
request the results of all research, educational, and demonstration
projects conducted by the Institute. The Institute shall provide a copy
of all research, educational, and demonstration projects conducted by
the Institute to the National Park Service, the United States Fish and
Wildlife Service, and the National Oceanic and Atmospheric
Administration.
(Pub. L. 101-380, title V, Sec. 5008, as added Pub. L. 106-246, div. B,
title II, Sec. 2204(1), July 13, 2000, 114 Stat. 546; amended Pub. L.
106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(c)(1)(A), (B)], Dec.
21, 2000, 114 Stat. 2763, 2763A-238, 2763A-239.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (c), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Public Law 105-83, referred to in subsec. (e), is Pub. L. 105-83,
Nov. 14, 1997, 111 Stat. 1543, as amended, known as the Department of
the Interior and Related Agencies Appropriations Act, 1998. For complete
classification of this Act to the Code, see Tables.
Amendments
2000--Subsec. (c). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(1)(A)], inserted second sentence and struck out former
second sentence which read as follows: ``The Comptroller General of the
United States, and any of his or her duly authorized representatives,
shall have access, for purposes of audit and examination, to any books,
documents, papers, and records of the Institute that are pertinent to
the funds received and expended by the Institute.
Subsec. (e). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(1)(B)], inserted at end ``The administrative funds of the
Institute and the administrative funds of the North Pacific Research
Board created under Public Law 105-83 may be used to jointly administer
such programs at the discretion of the North Pacific Research Board.
Section Referred to in Other Sections
This section is referred to in section 2736 of this title.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2751]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER III--MISCELLANEOUS
Sec. 2751. Savings provision
(a) Cross-references
A reference to a law replaced by this Act, including a reference in
a regulation, order, or other law, is deemed to refer to the
corresponding provision of this Act.
(b) Continuation of regulations
An order, rule, or regulation in effect under a law replaced by this
Act continues in effect under the corresponding provision of this Act
until repealed, amended, or superseded.
(c) Rule of construction
An inference of legislative construction shall not be drawn by
reason of the caption or catch line of a provision enacted by this Act.
(d) Actions and rights
Nothing in this Act shall apply to any rights and duties that
matured, penalties that were incurred, and proceedings that were begun
before August 18, 1990, except as provided by this section, and shall be
adjudicated pursuant to the law applicable on the date prior to August
18, 1990.
(e) Admiralty and maritime law
Except as otherwise provided in this Act, this Act does not affect--
(1) admiralty and maritime law; or
(2) the jurisdiction of the district courts of the United States
with respect to civil actions under admiralty and maritime
jurisdiction, saving to suitors in all cases all other remedies to
which they are otherwise entitled.
(Pub. L. 101-380, title VI, Sec. 6001, Aug. 18, 1990, 104 Stat. 554.)
References in Text
This Act, referred to in text, is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which
is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out under section 2701
of this title and Tables.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2752]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER III--MISCELLANEOUS
Sec. 2752. Annual appropriations
(a) Required
Except as provided in subsection (b) of this section, amounts in the
Fund shall be available only as provided in annual appropriation Acts.
(b) Exceptions
Subsection (a) of this section shall not apply to sections \1\
2706(f), 2712(a)(4), or 2736 of this title, and shall not apply to an
amount not to exceed $50,000,000 in any fiscal year which the President
may make available from the Fund to carry out section 1321(c) of this
title and to initiate the assessment of natural resources damages
required under section 2706 of this title. Sums to which this subsection
applies shall remain available until expended.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``section.
---------------------------------------------------------------------------
(Pub. L. 101-380, title VI, Sec. 6002, Aug. 18, 1990, 104 Stat. 555;
Pub. L. 104-324, title XI, Sec. 1102(c)(1), Oct. 19, 1996, 110 Stat.
3966.)
Amendments
1996--Subsec. (b). Pub. L. 104-324 substituted ``2736 for
``2736(b).
Delegation of Functions
Functions of President under subsec. (b) of this section delegated
to Secretary of Department in which Coast Guard is operating by section
7(a)(1)(B) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54766, set out
as a note under section 1321 of this title.
Section Referred to in Other Sections
This section is referred to in title 26 section 9509.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2753]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER III--MISCELLANEOUS
Sec. 2753. Repealed. Pub. L. 104-134, title I, Sec. 101(c)
[title I, Sec. 109], Apr. 26, 1996, 110 Stat. 1321-156, 1321-
177; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2,
1996, 110 Stat. 1327
Section, Pub. L. 101-380, title VI, Sec. 6003, Aug. 18, 1990, 104
Stat. 555, related to protection of the Outer Banks of North Carolina.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC2761]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER IV--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
Sec. 2761. Oil pollution research and development program
(a) Interagency Coordinating Committee on Oil Pollution Research
(1) Establishment
There is established an Interagency Coordinating Committee on
Oil Pollution Research (hereinafter in this section referred to as
the ``Interagency Committee).
(2) Purposes
The Interagency Committee shall coordinate a comprehensive
program of oil pollution research, technology development, and
demonstration among the Federal agencies, in cooperation and
coordination with industry, universities, research institutions,
State governments, and other nations, as appropriate, and shall
foster cost-effective research mechanisms, including the joint
funding of research.
(3) Membership
The Interagency Committee shall include representatives from the
Department of Commerce (including the National Oceanic and
Atmospheric Administration and the National Institute of Standards
and Technology), the Department of Energy, the Department of the
Interior (including the Minerals Management Service and the United
States Fish and Wildlife Service), the Department of Transportation
(including the United States Coast Guard, the Maritime
Administration, and the Research and Special Projects
Administration), the Department of Defense (including the Army Corps
of Engineers and the Navy), the Environmental Protection Agency, the
National Aeronautics and Space Administration, and the United States
Fire Administration in the Federal Emergency Management Agency, as
well as such other Federal agencies as the President may designate.
A representative of the Department of Transportation shall serve as
Chairman.
(b) Oil pollution research and technology plan
(1) Implementation plan
Within 180 days after August 18, 1990, the Interagency Committee
shall submit to Congress a plan for the implementation of the oil
pollution research, development, and demonstration program
established pursuant to subsection (c) of this section. The research
plan shall--
(A) identify agency roles and responsibilities;
(B) assess the current status of knowledge on oil pollution
prevention, response, and mitigation technologies and effects of
oil pollution on the environment;
(C) identify significant oil pollution research gaps
including an assessment of major technological deficiencies in
responses to past oil discharges;
(D) establish research priorities and goals for oil
pollution technology development related to prevention,
response, mitigation, and environmental effects;
(E) estimate the resources needed to conduct the oil
pollution research and development program established pursuant
to subsection (c) of this section, and timetables for completing
research tasks; and
(F) identify, in consultation with the States, regional oil
pollution research needs and priorities for a coordinated,
multidisciplinary program of research at the regional level.
(2) Advice and guidance
The Chairman, through the Department of Transportation, shall
contract with the National Academy of Sciences to--
(A) provide advice and guidance in the preparation and
development of the research plan; and
(B) assess the adequacy of the plan as submitted, and submit
a report to Congress on the conclusions of such assessment.
The National Institute of Standards and Technology shall provide the
Interagency Committee with advice and guidance on issues relating to
quality assurance and standards measurements relating to its
activities under this section.
(c) Oil pollution research and development program
(1) Establishment
The Interagency Committee shall coordinate the establishment, by
the agencies represented on the Interagency Committee, of a program
for conducting oil pollution research and development, as provided
in this subsection.
(2) Innovative oil pollution technology
The program established under this subsection shall provide for
research, development, and demonstration of new or improved
technologies which are effective in preventing or mitigating oil
discharges and which protect the environment, including--
(A) development of improved designs for vessels and
facilities, and improved operational practices;
(B) research, development, and demonstration of improved
technologies to measure the ullage of a vessel tank, prevent
discharges from tank vents, prevent discharges during lightering
and bunkering operations, contain discharges on the deck of a
vessel, prevent discharges through the use of vacuums in tanks,
and otherwise contain discharges of oil from vessels and
facilities;
(C) research, development, and demonstration of new or
improved systems of mechanical, chemical, biological, and other
methods (including the use of dispersants, solvents, and
bioremediation) for the recovery, removal, and disposal of oil,
including evaluation of the environmental effects of the use of
such systems;
(D) research and training, in consultation with the National
Response Team, to improve industrys and Governments ability to
quickly and effectively remove an oil discharge, including the
long-term use, as appropriate, of the National Spill Control
School in Corpus Christi, Texas, and the Center for Marine
Training and Safety in Galveston, Texas;
(E) research to improve information systems for
decisionmaking, including the use of data from coastal mapping,
baseline data, and other data related to the environmental
effects of oil discharges, and cleanup technologies;
(F) development of technologies and methods to protect
public health and safety from oil discharges, including the
population directly exposed to an oil discharge;
(G) development of technologies, methods, and standards for
protecting removal personnel, including training, adequate
supervision, protective equipment, maximum exposure limits, and
decontamination procedures;
(H) research and development of methods to restore and
rehabilitate natural resources damaged by oil discharges;
(I) research to evaluate the relative effectiveness and
environmental impacts of bioremediation technologies; and
(J) the demonstration of a satellite-based, dependent
surveillance vessel traffic system in Narragansett Bay to
evaluate the utility of such system in reducing the risk of oil
discharges from vessel collisions and groundings in confined
waters.
(3) Oil pollution technology evaluation
The program established under this subsection shall provide for
oil pollution prevention and mitigation technology evaluation
including--
(A) the evaluation and testing of technologies developed
independently of the research and development program
established under this subsection;
(B) the establishment, where appropriate, of standards and
testing protocols traceable to national standards to measure the
performance of oil pollution prevention or mitigation
technologies; and
(C) the use, where appropriate, of controlled field testing
to evaluate real-world application of oil discharge prevention
or mitigation technologies.
(4) Oil pollution effects research
(A) The Committee shall establish a research program to monitor
and evaluate the environmental effects of oil discharges. Such
program shall include the following elements:
(i) The development of improved models and capabilities for
predicting the environmental fate, transport, and effects of oil
discharges.
(ii) The development of methods, including economic methods,
to assess damages to natural resources resulting from oil
discharges.
(iii) The identification of types of ecologically sensitive
areas at particular risk to oil discharges and the preparation
of scientific monitoring and evaluation plans, one for each of
several types of ecological conditions, to be implemented in the
event of major oil discharges in such areas.
(iv) The collection of environmental baseline data in
ecologically sensitive areas at particular risk to oil
discharges where such data are insufficient.
(B) The Department of Commerce in consultation with the
Environmental Protection Agency shall monitor and scientifically
evaluate the long-term environmental effects of oil discharges if--
(i) the amount of oil discharged exceeds 250,000 gallons;
(ii) the oil discharge has occurred on or after January 1,
1989; and
(iii) the Interagency Committee determines that a study of
the long-term environmental effects of the discharge would be of
significant scientific value, especially for preventing or
responding to future oil discharges.
Areas for study may include the following sites where oil discharges
have occurred: the New York/New Jersey Harbor area, where oil was
discharged by an Exxon underwater pipeline, the T/B CIBRO SAVANNAH,
and the M/V BT NAUTILUS; Narragansett Bay where oil was discharged
by the WORLD PRODIGY; the Houston Ship Channel where oil was
discharged by the RACHEL B; the Delaware River, where oil was
discharged by the PRESIDENTE RIVERA, and Huntington Beach,
California, where oil was discharged by the AMERICAN TRADER.
(C) Research conducted under this paragraph by, or through, the
United States Fish and Wildlife Service shall be directed and
coordinated by the National Wetland Research Center.
(5) Marine simulation research
The program established under this subsection shall include
research on the greater use and application of geographic and vessel
response simulation models, including the development of additional
data bases and updating of existing data bases using, among others,
the resources of the National Maritime Research Center. It shall
include research and vessel simulations for--
(A) contingency plan evaluation and amendment;
(B) removal and strike team training;
(C) tank vessel personnel training; and
(D) those geographic areas where there is a significant
likelihood of a major oil discharge.
(6) Demonstration projects
The United States Coast Guard, in conjunction with other such
agencies in the Department of Transportation as the Secretary of
Transportation may designate, shall conduct 4 port oil pollution
minimization demonstration projects, one each with (A) the Port
Authority of New York and New Jersey, (B) the Ports of Los Angeles
and Long Beach, California, (C) the Port of New Orleans, Louisiana,
and (D) ports on the Great Lakes, for the purpose of developing and
demonstrating integrated port oil pollution prevention and cleanup
systems which utilize the information and implement the improved
practices and technologies developed from the research, development,
and demonstration program established in this section. Such systems
shall utilize improved technologies and management practices for
reducing the risk of oil discharges, including, as appropriate,
improved data access, computerized tracking of oil shipments,
improved vessel tracking and navigation systems, advanced technology
to monitor pipeline and tank conditions, improved oil spill response
capability, improved capability to predict the flow and effects of
oil discharges in both the inner and outer harbor areas for the
purposes of making infrastructure decisions, and such other
activities necessary to achieve the purposes of this section.
(7) Simulated environmental testing
Agencies represented on the Interagency Committee shall ensure
the long-term use and operation of the Oil and Hazardous Materials
Simulated Environmental Test Tank (OHMSETT) Research Center in New
Jersey for oil pollution technology testing and evaluations.
(8) Regional research program
(A) Consistent with the research plan in subsection (b) of this
section, the Interagency Committee shall coordinate a program of
competitive grants to universities or other research institutions,
or groups of universities or research institutions, for the purposes
of conducting a coordinated research program related to the regional
aspects of oil pollution, such as prevention, removal, mitigation,
and the effects of discharged oil on regional environments. For the
purposes of this paragraph, a region means a Coast Guard district as
set out in part 3 of title 33, Code of Federal Regulations (1989).
(B) The Interagency Committee shall coordinate the publication
by the agencies represented on the Interagency Committee of a
solicitation for grants under this subsection. The application shall
be in such form and contain such information as may be required in
the published solicitation. The applications shall be reviewed by
the Interagency Committee, which shall make recommendations to the
appropriate granting agency represented on the Interagency Committee
for awarding the grant. The granting agency shall award the grants
recommended by the Interagency Committee unless the agency decides
not to award the grant due to budgetary or other compelling
considerations and publishes its reasons for such a determination in
the Federal Register. No grants may be made by any agency from any
funds authorized for this paragraph unless such grant award has
first been recommended by the Interagency Committee.
(C) Any university or other research institution, or group of
universities or research institutions, may apply for a grant for the
regional research program established by this paragraph. The
applicant must be located in the region, or in a State a part of
which is in the region, for which the project is proposed as part of
the regional research program. With respect to a group application,
the entity or entities which will carry out the substantial portion
of the proposed research must be located in the region, or in a
State a part of which is in the region, for which the project is
proposed as part of the regional research program.
(D) The Interagency Committee shall make recommendations on
grants in such a manner as to ensure an appropriate balance within a
region among the various aspects of oil pollution research,
including prevention, removal, mitigation, and the effects of
discharged oil on regional environments. In addition, the
Interagency Committee shall make recommendations for grants based on
the following criteria:
(i) There is available to the applicant for carrying out
this paragraph demonstrated research resources.
(ii) The applicant demonstrates the capability of making a
significant contribution to regional research needs.
(iii) The projects which the applicant proposes to carry out
under the grant are consistent with the research plan under
subsection (b)(1)(F) of this section and would further the
objectives of the research and development program established
in this section.
(E) Grants provided under this paragraph shall be for a period
up to 3 years, subject to annual review by the granting agency, and
provide not more than 80 percent of the costs of the research
activities carried out in connection with the grant.
(F) No funds made available to carry out this subsection may be
used for the acquisition of real property (including buildings) or
construction of any building.
(G) Nothing in this paragraph is intended to alter or abridge
the authority under existing law of any Federal agency to make
grants, or enter into contracts or cooperative agreements, using
funds other than those authorized in this Act for the purposes of
carrying out this paragraph.
(9) Funding
For each of the fiscal years 1991, 1992, 1993, 1994, and 1995,
$6,000,000 of amounts in the Fund shall be available to carry out
the regional research program in paragraph (8), such amounts to be
available in equal amounts for the regional research program in each
region; except that if the agencies represented on the Interagency
Committee determine that regional research needs exist which cannot
be addressed within such funding limits, such agencies may use their
authority under paragraph (10) to make additional grants to meet
such needs. For the purposes of this paragraph, the research program
carried out by the Prince William Sound Oil Spill Recovery Institute
established under section 2731 of this title, shall not be eligible
to receive grants under this paragraph until the authorization for
funding under section 2736(b) of this title expires.
(10) Grants
In carrying out the research and development program established
under this subsection, the agencies represented on the Interagency
Committee may enter into contracts and cooperative agreements and
make grants to universities, research institutions, and other
persons. Such contracts, cooperative agreements, and grants shall
address research and technology priorities set forth in the oil
pollution research plan under subsection (b) of this section.
(11) Utilization of resources
In carrying out research under this section, the Department of
Transportation shall continue to utilize the resources of the
Research and Special Programs Administration of the Department of
Transportation, to the maximum extent practicable.
(d) International cooperation
In accordance with the research plan submitted under subsection (b)
of this section, the Interagency Committee shall coordinate and
cooperate with other nations and foreign research entities in conducting
oil pollution research, development, and demonstration activities,
including controlled field tests of oil discharges.
(e) Omitted
(f) Funding
Not to exceed $22,000,000 of amounts in the Fund shall be available
annually to carry out this section except for subsection (c)(8) of this
section. Of such sums--
(1) funds authorized to be appropriated to carry out the
activities under subsection (c)(4) of this section shall not exceed
$5,000,000 for fiscal year 1991 or $3,500,000 for any subsequent
fiscal year; and
(2) not less than $3,000,000 shall be available for carrying out
the activities in subsection (c)(6) of this section for fiscal years
1992, 1993, 1994, and 1995.
All activities authorized in this section, including subsection (c)(8)
of this section, are subject to appropriations.
(Pub. L. 101-380, title VII, Sec. 7001, Aug. 18, 1990, 104 Stat. 559;
Pub. L. 101-537, title II, Sec. 2002, Nov. 8, 1990, 104 Stat. 2375; Pub.
L. 101-646, title IV, Sec. 4002, Nov. 29, 1990, 104 Stat. 4788; Pub. L.
104-324, title XI, Secs. 1102(c)(2), 1108, Oct. 19, 1996, 110 Stat.
3966, 3968; Pub. L. 104-332, Sec. 2(h)(1), (2), Oct. 26, 1996, 110 Stat.
4091.)
References in Text
This Act, referred to in subsec. (c)(8)(G), is Pub. L. 101-380, Aug.
18, 1990, 104 Stat. 484, as amended, known as the Oil Pollution Act of
1990, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 2701 of this title and Tables.
Codification
Subsec. (e) of this section, which required the Chairman of the
Interagency Coordinating Committee on Oil Pollution Research to submit a
biennial report to Congress on activities carried out and activities
proposed to be carried out under this section, terminated, effective May
15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set
out as a note under section 1113 of Title 31, Money and Finance. See,
also, page 175 of House Document No. 103-7.
Amendments
1996--Subsec. (c)(2)(D). Pub. L. 104-324, Sec. 1108, inserted ``,
and the Center for Marine Training and Safety in Galveston, Texas
before semicolon at end.
Subsec. (c)(6). Pub. L. 104-332, Sec. 2(h)(1), made technical
amendment to Pub. L. 104-646, Sec. 4002(1). See 1990 Amendment note
below.
Subsec. (c)(9). Pub. L. 104-324, Sec. 1102(c)(2), inserted ``until
the authorization for funding under section 2736(b) of this title
expires before period at end.
Subsec. (f). Pub. L. 104-332 made technical amendment to Pub. L.
101-646, Sec. 4002(2). See 1990 Amendment note below.
1990--Subsec. (c)(6). Pub. L. 101-537, Sec. 2002(1), and Pub. L.
101-646, Sec. 4002(1), as amended by Pub. L. 104-332, Sec. 2(h)(1), made
substantially identical amendments, substituting ``4 for ``3 and
inserting cl. (D).
Subsec. (f). Pub. L. 101-537, Sec. 2002(2), and Pub. L. 101-646,
Sec. 4002(2), as amended by Pub. L. 104-332, amended subsec. (f)
identically, substituting ``$22,000,000 for ``$21,250,000 in
introductory provisions and ``$3,000,000 for ``$2,250,000 in par.
(2).
Delegation of Functions
Functions of President under subsec. (a)(3) of this section
delegated to Secretary of Transportation by section 8(h) of Ex. Ord. No.
12777, Oct. 18, 1991, 56 F.R. 54769, set out as a note under section
1321 of this title.
Section Referred to in Other Sections
This section is referred to in section 2731 of this title.
