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oil or a hazardous substance from a vessel, offshore facility, or
onshore facility is of such a size or character as to be a
substantial threat to the public health or welfare of the United
States (including but not limited to fish, shellfish, wildlife,
other natural resources, and the public and private beaches and
shorelines of the United States), the President shall direct all
Federal, State, and private actions to remove the discharge or to
mitigate or prevent the threat of the discharge.
(B) In carrying out this paragraph, the President may, without
regard to any other provision of law governing contracting
procedures or employment of personnel by the Federal Government -

(i) remove or arrange for the removal of the discharge, or
mitigate or prevent the substantial threat of the discharge;
and
(ii) remove and, if necessary, destroy a vessel discharging,
or threatening to discharge, by whatever means are available.
(3) Actions in accordance with National Contingency Plan
(A) Each Federal agency, State, owner or operator, or other
person participating in efforts under this subsection shall act
in accordance with the National Contingency Plan or as directed
by the President.
(B) An owner or operator participating in efforts under this
subsection shall act in accordance with the National Contingency
Plan and the applicable response plan required under subsection
(j) of this section, or as directed by the President, except that
the owner or operator may deviate from the applicable response
plan if the President or the Federal On-Scene Coordinator
determines that deviation from the response plan would provide
for a more expeditious or effective response to the spill or
mitigation of its environmental effects.
(4) Exemption from liability
(A) A person is not liable for removal costs or damages which
result from actions taken or omitted to be taken in the course of
rendering care, assistance, or advice consistent with the
National Contingency Plan or as otherwise directed by the
President relating to a discharge or a substantial threat of a
discharge of oil or a hazardous substance.
(B) Subparagraph (A) does not apply -
(i) to a responsible party;
(ii) to a response under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.);
(iii) with respect to personal injury or wrongful death; or
(iv) if the person is grossly negligent or engages in willful
misconduct.

(C) A responsible party is liable for any removal costs and
damages that another person is relieved of under subparagraph
(A).
(5) Obligation and liability of owner or operator not affected
Nothing in this subsection affects -
(A) the obligation of an owner or operator to respond
immediately to a discharge, or the threat of a discharge, of
oil; or
(B) the liability of a responsible party under the Oil
Pollution Act of 1990 [33 U.S.C. 2701 et seq.].
(6) "Responsible party" defined
For purposes of this subsection, the term "responsible party"
has the meaning given that term under section 1001 of the Oil
Pollution Act of 1990 [33 U.S.C. 2701].
(d) National Contingency Plan
(1) Preparation by President
The President shall prepare and publish a National Contingency
Plan for removal of oil and hazardous substances pursuant to this
section.
(2) Contents
The National Contingency Plan shall provide for efficient,
coordinated, and effective action to minimize damage from oil and
hazardous substance discharges, including containment, dispersal,
and removal of oil and hazardous substances, and shall include,
but not be limited to, the following:
(A) Assignment of duties and responsibilities among Federal
departments and agencies in coordination with State and local
agencies and port authorities including, but not limited to,
water pollution control and conservation and trusteeship of
natural resources (including conservation of fish and
wildlife).
(B) Identification, procurement, maintenance, and storage of
equipment and supplies.
(C) Establishment or designation of Coast Guard strike teams,
consisting of -
(i) personnel who shall be trained, prepared, and available
to provide necessary services to carry out the National
Contingency Plan;
(ii) adequate oil and hazardous substance pollution control
equipment and material; and
(iii) a detailed oil and hazardous substance pollution and
prevention plan, including measures to protect fisheries and
wildlife.

(D) A system of surveillance and notice designed to safeguard
against as well as ensure earliest possible notice of
discharges of oil and hazardous substances and imminent threats
of such discharges to the appropriate State and Federal
agencies.
(E) Establishment of a national center to provide
coordination and direction for operations in carrying out the
Plan.
(F) Procedures and techniques to be employed in identifying,
containing, dispersing, and removing oil and hazardous
substances.
(G) A schedule, prepared in cooperation with the States,
identifying -
(i) dispersants, other chemicals, and other spill
mitigating devices and substances, if any, that may be used
in carrying out the Plan,
(ii) the waters in which such dispersants, other chemicals,
and other spill mitigating devices and substances may be
used, and
(iii) the quantities of such dispersant, other chemicals,
or other spill mitigating device or substance which can be
used safely in such waters,

which schedule shall provide in the case of any dispersant,
chemical, spill mitigating device or substance, or waters not
specifically identified in such schedule that the President, or
his delegate, may, on a case-by-case basis, identify the
dispersants, other chemicals, and other spill mitigating
devices and substances which may be used, the waters in which
they may be used, and the quantities which can be used safely
in such waters.
(H) A system whereby the State or States affected by a
discharge of oil or hazardous substance may act where necessary
to remove such discharge and such State or States may be
reimbursed in accordance with the Oil Pollution Act of 1990 [33
U.S.C. 2701 et seq.], in the case of any discharge of oil from
a vessel or facility, for the reasonable costs incurred for
that removal, from the Oil Spill Liability Trust Fund.
(I) Establishment of criteria and procedures to ensure
immediate and effective Federal identification of, and response
to, a discharge, or the threat of a discharge, that results in
a substantial threat to the public health or welfare of the
United States, as required under subsection (c)(2) of this
section.
(J) Establishment of procedures and standards for removing a
worst case discharge of oil, and for mitigating or preventing a
substantial threat of such a discharge.
(K) Designation of the Federal official who shall be the
Federal On-Scene Coordinator for each area for which an Area
Contingency Plan is required to be prepared under subsection
(j) of this section.
(L) Establishment of procedures for the coordination of
activities of -
(i) Coast Guard strike teams established under subparagraph
(C);
(ii) Federal On-Scene Coordinators designated under
subparagraph (K);
(iii) District Response Groups established under subsection
(j) of this section; and
(iv) Area Committees established under subsection (j) of
this section.

(M) A fish and wildlife response plan, developed in
consultation with the United States Fish and Wildlife Service,
the National Oceanic and Atmospheric Administration, and other
interested parties (including State fish and wildlife
conservation officials), for the immediate and effective
protection, rescue, and rehabilitation of, and the minimization
of risk of damage to, fish and wildlife resources and their
habitat that are harmed or that may be jeopardized by a
discharge.
(3) Revisions and amendments
The President may, from time to time, as the President deems
advisable, revise or otherwise amend the National Contingency
Plan.
(4) Actions in accordance with National Contingency Plan
After publication of the National Contingency Plan, the removal
of oil and hazardous substances and actions to minimize damage
from oil and hazardous substance discharges shall, to the
greatest extent possible, be in accordance with the National
Contingency Plan.
(e) Civil enforcement
(1) Orders protecting public health
In addition to any action taken by a State or local government,
when the President determines that there may be an imminent and
substantial threat to the public health or welfare of the United
States, including fish, shellfish, and wildlife, public and
private property, shorelines, beaches, habitat, and other living
and nonliving natural resources under the jurisdiction or control
of the United States, because of an actual or threatened
discharge of oil or a hazardous substance from a vessel or
facility in violation of subsection (b) of this section, the
President may -
(A) require the Attorney General to secure any relief from
any person, including the owner or operator of the vessel or
facility, as may be necessary to abate such endangerment; or
(B) after notice to the affected State, take any other action
under this section, including issuing administrative orders,
that may be necessary to protect the public health and welfare.
(2) Jurisdiction of district courts
The district courts of the United States shall have
jurisdiction to grant any relief under this subsection that the
public interest and the equities of the case may require.
(f) Liability for actual costs of removal
(1) Except where an owner or operator can prove that a discharge
was caused solely by (A) an act of God, (B) an act of war, (C)
negligence on the part of the United States Government, or (D) an
act or omission of a third party without regard to whether any such
act or omission was or was not negligent, or any combination of the
foregoing clauses, such owner or operator of any vessel from which
oil or a hazardous substance is discharged in violation of
subsection (b)(3) of this section shall, notwithstanding any other
provision of law, be liable to the United States Government for the
actual costs incurred under subsection (c) of this section for the
removal of such oil or substance by the United States Government in
an amount not to exceed, in the case of an inland oil barge $125
per gross ton of such barge, or $125,000, whichever is greater, and
in the case of any other vessel, $150 per gross ton of such vessel
(or, for a vessel carrying oil or hazardous substances as cargo,
$250,000), whichever is greater, except that where the United
States can show that such discharge was the result of willful
negligence or willful misconduct within the privity and knowledge
of the owner, such owner or operator shall be liable to the United
States Government for the full amount of such costs. Such costs
shall constitute a maritime lien on such vessel which may be
recovered in an action in rem in the district court of the United
States for any district within which any vessel may be found. The
United States may also bring an action against the owner or
operator of such vessel in any court of competent jurisdiction to
recover such costs.
(2) Except where an owner or operator of an onshore facility can
prove that a discharge was caused solely by (A) an act of God, (B)
an act of war, (C) negligence on the part of the United States
Government, or (D) an act or omission of a third party without
regard to whether any such act or omission was or was not
negligent, or any combination of the foregoing clauses, such owner
or operator of any such facility from which oil or a hazardous
substance is discharged in violation of subsection (b)(3) of this
section shall be liable to the United States Government for the
actual costs incurred under subsection (c) of this section for the
removal of such oil or substance by the United States Government in
an amount not to exceed $50,000,000, except that where the United
States can show that such discharge was the result of willful
negligence or willful misconduct within the privity and knowledge
of the owner, such owner or operator shall be liable to the United
States Government for the full amount of such costs. The United
States may bring an action against the owner or operator of such
facility in any court of competent jurisdiction to recover such
costs. The Administrator is authorized, by regulation, after
consultation with the Secretary of Commerce and the Small Business
Administration, to establish reasonable and equitable
classifications of those onshore facilities having a total fixed
storage capacity of 1,000 barrels or less which he determines
because of size, type, and location do not present a substantial
risk of the discharge of oil or a hazardous substance in violation
of subsection (b)(3) of this section, and apply with respect to
such classifications differing limits of liability which may be
less than the amount contained in this paragraph.
(3) Except where an owner or operator of an offshore facility can
prove that a discharge was caused solely by (A) an act of God, (B)
an act of war, (C) negligence on the part of the United States
Government, or (D) an act or omission of a third party without
regard to whether any such act or omission was or was not
negligent, or any combination of the foregoing clauses, such owner
or operator of any such facility from which oil or a hazardous
substance is discharged in violation of subsection (b)(3) of this
section shall, notwithstanding any other provision of law, be
liable to the United States Government for the actual costs
incurred under subsection (c) of this section for the removal of
such oil or substance by the United States Government in an amount
not to exceed $50,000,000, except that where the United States can
show that such discharge was the result of willful negligence or
willful misconduct within the privity and knowledge of the owner,
such owner or operator shall be liable to the United States
Government for the full amount of such costs. The United States may
bring an action against the owner or operator of such a facility in
any court of competent jurisdiction to recover such costs.
(4) The costs of removal of oil or a hazardous substance for
which the owner or operator of a vessel or onshore or offshore
facility is liable under subsection (f) of this section shall
include any costs or expenses incurred by the Federal Government or
any State government in the restoration or replacement of natural
resources damaged or destroyed as a result of a discharge of oil or
a hazardous substance in violation of subsection (b) of this
section.
(5) The President, or the authorized representative of any State,
shall act on behalf of the public as trustee of the natural
resources to recover for the costs of replacing or restoring such
resources. Sums recovered shall be used to restore, rehabilitate,
or acquire the equivalent of such natural resources by the
appropriate agencies of the Federal Government, or the State
government.
(g) Third party liability
Where the owner or operator of a vessel (other than an inland oil
barge) carrying oil or hazardous substances as cargo or an onshore
or offshore facility which handles or stores oil or hazardous
substances in bulk, from which oil or a hazardous substance is
discharged in violation of subsection (b) of this section, alleges
that such discharge was caused solely by an act or omission of a
third party, such owner or operator shall pay to the United States
Government the actual costs incurred under subsection (c) of this
section for removal of such oil or substance and shall be entitled
by subrogation to all rights of the United States Government to
recover such costs from such third party under this subsection. In
any case where an owner or operator of a vessel, of an onshore
facility, or of an offshore facility, from which oil or a hazardous
substance is discharged in violation of subsection (b)(3) of this
section, proves that such discharge of oil or hazardous substance
was caused solely by an act or omission of a third party, or was
caused solely by such an act or omission in combination with an act
of God, an act of war, or negligence on the part of the United
States Government, such third party shall, notwithstanding any
other provision of law, be liable to the United States Government
for the actual costs incurred under subsection (c) of this section
for removal of such oil or substance by the United States
Government, except where such third party can prove that such
discharge was caused solely by (A) an act of God, (B) an act of
war, (C) negligence on the part of the United States Government, or
(D) an act or omission of another party without regard to whether
such act or omission was or was not negligent, or any combination
of the foregoing clauses. If such third party was the owner or
operator of a vessel which caused the discharge of oil or a
hazardous substance in violation of subsection (b)(3) of this
section, the liability of such third party under this subsection
shall not exceed, in the case of an inland oil barge $125 per gross
ton of such barge, or $125,000, whichever is greater, and in the
case of any other vessel, $150 per gross ton of such vessel (or,
for a vessel carrying oil or hazardous substances as cargo,
$250,000), whichever is greater. In any other case the liability of
such third party shall not exceed the limitation which would have
been applicable to the owner or operator of the vessel or the
onshore or offshore facility from which the discharge actually
occurred if such owner or operator were liable. If the United
States can show that the discharge of oil or a hazardous substance
in violation of subsection (b)(3) of this section was the result of
willful negligence or willful misconduct within the privity and
knowledge of such third party, such third party shall be liable to
the United States Government for the full amount of such removal
costs. The United States may bring an action against the third
party in any court of competent jurisdiction to recover such
removal costs.
(h) Rights against third parties who caused or contributed to
discharge
The liabilities established by this section shall in no way
affect any rights which (1) the owner or operator of a vessel or of
an onshore facility or an offshore facility may have against any
third party whose acts may in any way have caused or contributed to
such discharge, or (2) the United States Government may have
against any third party whose actions may in any way have caused or
contributed to the discharge of oil or hazardous substance.
(i) Recovery of removal costs
In any case where an owner or operator of a vessel or an onshore
facility or an offshore facility from which oil or a hazardous
substance is discharged in violation of subsection (b)(3) of this
section acts to remove such oil or substance in accordance with
regulations promulgated pursuant to this section, such owner or
operator shall be entitled to recover the reasonable costs incurred
in such removal upon establishing, in a suit which may be brought
against the United States Government in the United States Court of
Federal Claims, that such discharge was caused solely by (A) an act
of God, (B) an act of war, (C) negligence on the part of the United
States Government, or (D) an act or omission of a third party
without regard to whether such act or omission was or was not
negligent, or of any combination of the foregoing causes.
(j) National Response System
(1) In general
Consistent with the National Contingency Plan required by
subsection (c)(2) of this section, as soon as practicable after
October 18, 1972, and from time to time thereafter, the President
shall issue regulations consistent with maritime safety and with
marine and navigation laws (A) establishing methods and
procedures for removal of discharged oil and hazardous
substances, (B) establishing criteria for the development and
implementation of local and regional oil and hazardous substance
removal contingency plans, (C) establishing procedures, methods,
and equipment and other requirements for equipment to prevent
discharges of oil and hazardous substances from vessels and from
onshore facilities and offshore facilities, and to contain such
discharges, and (D) governing the inspection of vessels carrying
cargoes of oil and hazardous substances and the inspection of
such cargoes in order to reduce the likelihood of discharges of
oil from vessels in violation of this section.
(2) National Response Unit
The Secretary of the department in which the Coast Guard is
operating shall establish a National Response Unit at Elizabeth
City, North Carolina. The Secretary, acting through the National
Response Unit -
(A) shall compile and maintain a comprehensive computer list
of spill removal resources, personnel, and equipment that is
available worldwide and within the areas designated by the
President pursuant to paragraph (4), and of information
regarding previous spills, including data from universities,
research institutions, State governments, and other nations, as
appropriate, which shall be disseminated as appropriate to
response groups and area committees, and which shall be
available to Federal and State agencies and the public;
(B) shall provide technical assistance, equipment, and other
resources requested by a Federal On-Scene Coordinator;
(C) shall coordinate use of private and public personnel and
equipment to remove a worst case discharge, and to mitigate or
prevent a substantial threat of such a discharge, from a
vessel, offshore facility, or onshore facility operating in or
near an area designated by the President pursuant to paragraph
(4);
(D) may provide technical assistance in the preparation of
Area Contingency Plans required under paragraph (4);
(E) shall administer Coast Guard strike teams established
under the National Contingency Plan;
(F) shall maintain on file all Area Contingency Plans
approved by the President under this subsection; and
(G) shall review each of those plans that affects its
responsibilities under this subsection.
(3) Coast Guard District Response Groups
(A) The Secretary of the department in which the Coast Guard is
operating shall establish in each Coast Guard district a Coast
Guard District Response Group.
(B) Each Coast Guard District Response Group shall consist of -

(i) the Coast Guard personnel and equipment, including
firefighting equipment, of each port within the district;
(ii) additional prepositioned equipment; and
(iii) a district response advisory staff.

(C) Coast Guard district response groups -
(i) shall provide technical assistance, equipment, and other
resources when required by a Federal On-Scene Coordinator;
(ii) shall maintain all Coast Guard response equipment within
its district;
(iii) may provide technical assistance in the preparation of
Area Contingency Plans required under paragraph (4); and
(iv) shall review each of those plans that affect its area of
geographic responsibility.
(4) Area Committees and Area Contingency Plans
(A) There is established for each area designated by the
President an Area Committee comprised of members appointed by the
President from qualified personnel of Federal, State, and local
agencies.
(B) Each Area Committee, under the direction of the Federal
On-Scene Coordinator for its area, shall -
(i) prepare for its area the Area Contingency Plan required
under subparagraph (C);
(ii) work with State and local officials to enhance the
contingency planning of those officials and to assure
preplanning of joint response efforts, including appropriate
procedures for mechanical recovery, dispersal, shoreline
cleanup, protection of sensitive environmental areas, and
protection, rescue, and rehabilitation of fisheries and
wildlife; and
(iii) work with State and local officials to expedite
decisions for the use of dispersants and other mitigating
substances and devices.

(C) Each Area Committee shall prepare and submit to the
President for approval an Area Contingency Plan for its area. The
Area Contingency Plan shall -
(i) when implemented in conjunction with the National
Contingency Plan, be adequate to remove a worst case discharge,
and to mitigate or prevent a substantial threat of such a
discharge, from a vessel, offshore facility, or onshore
facility operating in or near the area;
(ii) describe the area covered by the plan, including the
areas of special economic or environmental importance that
might be damaged by a discharge;
(iii) describe in detail the responsibilities of an owner or
operator and of Federal, State, and local agencies in removing
a discharge, and in mitigating or preventing a substantial
threat of a discharge;
(iv) list the equipment (including firefighting equipment),
dispersants or other mitigating substances and devices, and
personnel available to an owner or operator and Federal, State,
and local agencies, to ensure an effective and immediate
removal of a discharge, and to ensure mitigation or prevention
of a substantial threat of a discharge;
(v) compile a list of local scientists, both inside and
outside Federal Government service, with expertise in the
environmental effects of spills of the types of oil typically
transported in the area, who may be contacted to provide
information or, where appropriate, participate in meetings of
the scientific support team convened in response to a spill,
and describe the procedures to be followed for obtaining an
expedited decision regarding the use of dispersants;
(vi) describe in detail how the plan is integrated into other
Area Contingency Plans and vessel, offshore facility, and
onshore facility response plans approved under this subsection,
and into operating procedures of the National Response Unit;
(vii) include any other information the President requires;
and
(viii) be updated periodically by the Area Committee.

(D) The President shall -
(i) review and approve Area Contingency Plans under this
paragraph; and
(ii) periodically review Area Contingency Plans so approved.
(5) Tank vessel and facility response plans
(A) The President shall issue regulations which require an
owner or operator of a tank vessel or facility described in
subparagraph (B) to prepare and submit to the President a plan
for responding, to the maximum extent practicable, to a worst
case discharge, and to a substantial threat of such a discharge,
of oil or a hazardous substance.
(B) The tank vessels and facilities referred to in subparagraph
(A) are the following:
(i) A tank vessel, as defined under section 2101 of title 46.
(ii) An offshore facility.
(iii) An onshore facility that, because of its location,
could reasonably be expected to cause substantial harm to the
environment by discharging into or on the navigable waters,
adjoining shorelines, or the exclusive economic zone.

(C) A response plan required under this paragraph shall -
(i) be consistent with the requirements of the National
Contingency Plan and Area Contingency Plans;
(ii) identify the qualified individual having full authority
to implement removal actions, and require immediate
communications between that individual and the appropriate
Federal official and the persons providing personnel and
equipment pursuant to clause (iii);
(iii) identify, and ensure by contract or other means
approved by the President the availability of, private
personnel and equipment necessary to remove to the maximum
extent practicable a worst case discharge (including a
discharge resulting from fire or explosion), and to mitigate or
prevent a substantial threat of such a discharge;
(iv) describe the training, equipment testing, periodic
unannounced drills, and response actions of persons on the
vessel or at the facility, to be carried out under the plan to
ensure the safety of the vessel or facility and to mitigate or
prevent the discharge, or the substantial threat of a
discharge;
(v) be updated periodically; and
(vi) be resubmitted for approval of each significant change.

(D) With respect to any response plan submitted under this
paragraph for an onshore facility that, because of its location,
could reasonably be expected to cause significant and substantial
harm to the environment by discharging into or on the navigable
waters or adjoining shorelines or the exclusive economic zone,
and with respect to each response plan submitted under this
paragraph for a tank vessel or offshore facility, the President
shall -
(i) promptly review such response plan;
(ii) require amendments to any plan that does not meet the
requirements of this paragraph;
(iii) approve any plan that meets the requirements of this
paragraph; and
(iv) review each plan periodically thereafter.

(E) A tank vessel, offshore facility, or onshore facility
required to prepare a response plan under this subsection may not
handle, store, or transport oil unless -
(i) in the case of a tank vessel, offshore facility, or
onshore facility for which a response plan is reviewed by the
President under subparagraph (D), the plan has been approved by
the President; and
(ii) the vessel or facility is operating in compliance with
the plan.

(F) Notwithstanding subparagraph (E), the President may
authorize a tank vessel, offshore facility, or onshore facility
to operate without a response plan approved under this paragraph,
until not later than 2 years after the date of the submission to
the President of a plan for the tank vessel or facility, if the
owner or operator certifies that the owner or operator has
ensured by contract or other means approved by the President the
availability of private personnel and equipment necessary to
respond, to the maximum extent practicable, to a worst case
discharge or a substantial threat of such a discharge.
(G) The owner or operator of a tank vessel, offshore facility,
or onshore facility may not claim as a defense to liability under
title I of the Oil Pollution Act of 1990 [33 U.S.C. 2701 et seq.]
that the owner or operator was acting in accordance with an
approved response plan.
(H) The Secretary shall maintain, in the Vessel Identification
System established under chapter 125 of title 46, the dates of
approval and review of a response plan under this paragraph for
each tank vessel that is a vessel of the United States.
(6) Equipment requirements and inspection
Not later than 2 years after August 18, 1990, the President
shall require -
(A) periodic inspection of containment booms, skimmers,
vessels, and other major equipment used to remove discharges;
and
(B) vessels operating on navigable waters and carrying oil or
a hazardous substance in bulk as cargo to carry appropriate
removal equipment that employs the best technology economically
feasible and that is compatible with the safe operation of the
vessel.
(7) Area drills
The President shall periodically conduct drills of removal
capability, without prior notice, in areas for which Area
Contingency Plans are required under this subsection and under
relevant tank vessel and facility response plans. The drills may
include participation by Federal, State, and local agencies, the
owners and operators of vessels and facilities in the area, and
private industry. The President may publish annual reports on
these drills, including assessments of the effectiveness of the
plans and a list of amendments made to improve plans.
(8) United States Government not liable
The United States Government is not liable for any damages
arising from its actions or omissions relating to any response
plan required by this section.
(k) Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(2), Aug. 18,
1990, 104 Stat. 507
(l) Administration
The President is authorized to delegate the administration of
this section to the heads of those Federal departments, agencies,
and instrumentalities which he determines to be appropriate. Each
such department, agency, and instrumentality, in order to avoid
duplication of effort, shall, whenever appropriate, utilize the
personnel, services, and facilities of other Federal departments,
agencies, and instrumentalities.
(m) Administrative provisions
(1) For vessels
Anyone authorized by the President to enforce the provisions of
this section with respect to any vessel may, except as to public
vessels -
(A) board and inspect any vessel upon the navigable waters of
the United States or the waters of the contiguous zone,
(B) with or without a warrant, arrest any person who in the
presence or view of the authorized person violates the
provisions of this section or any regulation issued thereunder,
and
(C) execute any warrant or other process issued by an officer
or court of competent jurisdiction.
(2) For facilities
(A) Recordkeeping
Whenever required to carry out the purposes of this section,
the Administrator or the Secretary of the Department in which
the Coast Guard is operating shall require the owner or
operator of a facility to which this section applies to
establish and maintain such records, make such reports,
install, use, and maintain such monitoring equipment and
methods, and provide such other information as the
Administrator or Secretary, as the case may be, may require to
carry out the objectives of this section.
(B) Entry and inspection
Whenever required to carry out the purposes of this section,
the Administrator or the Secretary of the Department in which
the Coast Guard is operating or an authorized representative of
the Administrator or Secretary, upon presentation of
appropriate credentials, may -
(i) enter and inspect any facility to which this section
applies, including any facility at which any records are
required to be maintained under subparagraph (A); and
(ii) at reasonable times, have access to and copy any
records, take samples, and inspect any monitoring equipment
or methods required under subparagraph (A).
(C) Arrests and execution of warrants
Anyone authorized by the Administrator or the Secretary of
the department in which the Coast Guard is operating to enforce
the provisions of this section with respect to any facility may
-
(i) with or without a warrant, arrest any person who
violates the provisions of this section or any regulation
issued thereunder in the presence or view of the person so
authorized; and
(ii) execute any warrant or process issued by an officer or
court of competent jurisdiction.
(D) Public access
Any records, reports, or information obtained under this
paragraph shall be subject to the same public access and
disclosure requirements which are applicable to records,
reports, and information obtained pursuant to section 1318 of
this title.
(n) Jurisdiction
The several district courts of the United States are invested
with jurisdiction for any actions, other than actions pursuant to
subsection (i)(1) of this section, arising under this section. In
the case of Guam and the Trust Territory of the Pacific Islands,
such actions may be brought in the district court of Guam, and in
the case of the Virgin Islands such actions may be brought in the
district court of the Virgin Islands. In the case of American Samoa
and the Trust Territory of the Pacific Islands, such actions may be
brought in the District Court of the United States for the District
of Hawaii and such court shall have jurisdiction of such actions.
In the case of the Canal Zone, such actions may be brought in the
United States District Court for the District of the Canal Zone.
(o) Obligation for damages unaffected; local authority not
preempted; existing Federal authority not modified or affected
(1) Nothing in this section shall affect or modify in any way the
obligations of any owner or operator of any vessel, or of any owner
or operator of any onshore facility or offshore facility to any
person or agency under any provision of law for damages to any
publicly owned or privately owned property resulting from a
discharge of any oil or hazardous substance or from the removal of
any such oil or hazardous substance.
(2) Nothing in this section shall be construed as preempting any
State or political subdivision thereof from imposing any
requirement or liability with respect to the discharge of oil or
hazardous substance into any waters within such State, or with
respect to any removal activities related to such discharge.
(3) Nothing in this section shall be construed as affecting or
modifying any other existing authority of any Federal department,
agency, or instrumentality, relative to onshore or offshore
facilities under this chapter or any other provision of law, or to
affect any State or local law not in conflict with this section.
(p) Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(4), Aug. 18,
1990, 104 Stat. 507
(q) Establishment of maximum limit of liability with respect to
onshore or offshore facilities
The President is authorized to establish, with respect to any
class or category of onshore or offshore facilities, a maximum
limit of liability under subsections (f)(2) and (3) of this section
of less than $50,000,000, but not less than $8,000,000.
(r) Liability limitations not to limit liability under other
legislation
Nothing in this section shall be construed to impose, or
authorize the imposition of, any limitation on liability under the
Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the
Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.].
(s) Oil Spill Liability Trust Fund
The Oil Spill Liability Trust Fund established under section 9509
of title 26 shall be available to carry out subsections (b), (c),
(d), (j), and (l) of this section as those subsections apply to
discharges, and substantial threats of discharges, of oil. Any
amounts received by the United States under this section shall be
deposited in the Oil Spill Liability Trust Fund.

-SOURCE-
(June 30, 1948, ch. 758, title III, Sec. 311, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 862; amended Pub. L.
93-207, Sec. 1(4), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95-217,
Secs. 57, 58(a)-(g), (i), (k)-(m), Dec. 27, 1977, 91 Stat.
1593-1596; Pub. L. 95-576, Sec. 1(b), Nov. 2, 1978, 92 Stat. 2467;
Pub. L. 96-478, Sec. 13(b), Oct. 21, 1980, 94 Stat. 2303; Pub. L.
96-483, Sec. 8, Oct. 21, 1980, 94 Stat. 2362; Pub. L. 96-561, title
II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 97-164,
title I, Sec. 161(5), Apr. 2, 1982, 96 Stat. 49; Pub. L. 100-4,
title V, Sec. 502(b), Feb. 4, 1987, 101 Stat. 75; Pub. L. 101-380,
title II, Sec. 2002(b), title IV, Secs. 4201(a), (b), (b)[(c)],
4202(a), (c), 4204, 4301(a), (b), 4305, 4306, Aug. 18, 1990, 104
Stat. 507, 523-527, 532, 533, 540, 541; Pub. L. 102-388, title III,
Sec. 349, Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102-572, title IX,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,
1996, 110 Stat. 3009, 3009-41; Pub. L. 104-324, title XI, Secs.
1143, 1144, Oct. 19, 1996, 110 Stat. 3992; Pub. L. 105-383, title
IV, Sec. 411, Nov. 13, 1998, 112 Stat. 3432.)

-REFTEXT-
REFERENCES IN TEXT
The Outer Continental Shelf Lands Act, referred to in subsecs.
(b)(1), (2)(A), (3) and (r), 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 Deepwater Port Act of 1974, referred to in subsecs. (b)(1),
(2)(A), (3) and (r), 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.
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (b)(1), (2)(A), (3), is Pub. L. 94-265, Apr.
13, 1976, 90 Stat. 331, as amended, which is classified principally
to chapter 38 (Sec. 1801 et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see Short Title
note set out under section 1801 of Title 16 and Tables.
The date of enactment of this paragraph, referred to in subsec.
(b)(2)(B), probably means the date of enactment of Pub. L. 95-576,
which amended subsec. (b)(2)(B) and which was approved Nov. 2,
1978.
The penalty enacted in subclause (bb) of clause (iii) of
subparagraph (B) of subsection (b)(2) of section 311 of Public Law
92-500, referred to in subsec. (b)(2)(B), probably means the
penalty provision of subsec. (b)(2)(B)(iii)(bb) of this section as
added by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 864, prior
to the amendment to subsec. (b)(2)(B) by section 1(b)(3) of Pub. L.
95-576. Prior to amendment, subsec. (b)(2)(B)(iii)(bb) read as
follows: "a penalty determined by the number of units discharged
multiplied by the amount established for such unit under clause
(iv) of this subparagraph, but such penalty shall not be more than
$5,000,000 in the case of a discharge from a vessel and $500,000 in
the case of a discharge from an onshore or offshore facility."
Section 313 of title 46, Appendix, referred to in subsec.
(b)(12)(B), was repealed by Pub. L. 103-182, title VI, Sec.
690(a)(21), Dec. 8, 1993, 107 Stat. 2223.
Section 1443 of title 19, referred to in subsec. (b)(12)(C), was
repealed by Pub. L. 103-182, title VI, Sec. 690(b)(6), Dec. 8,
1993, 107 Stat. 2223.
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, referred to in subsec. (c)(4)(B)(ii), is
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.
The Oil Pollution Act of 1990, referred to in subsecs. (c)(5)(B),
(d)(2)(H), and (j)(5)(G), is Pub. L. 101-380, Aug. 18, 1990, 104
Stat. 484, which is classified principally to chapter 40 (Sec. 2701
et seq.) of this title. Title I of the Act is classified generally
to subchapter I (Sec. 2701 et seq.) of chapter 40 of this title.
For complete classification of this Act to the Code, see Short
Title note set out under section 2701 of this title and Tables.

-COD-
CODIFICATION
August 18, 1990, referred to in subsec. (j)(6), was in the
original "the date of enactment of this section", which was
translated as meaning the date of enactment of Pub. L. 101-380,
which enacted subsec. (j)(2) to (8), to reflect the probable intent
of Congress.


-MISC1-
AMENDMENTS
1998 - Subsec. (a)(2). Pub. L. 105-383, Sec. 411(b), substituted
", (C)" for "and (C)" and inserted ", and (D) discharges incidental
to mechanical removal authorized by the President under subsection
(c) of this section" before semicolon at end.
Subsec. (a)(8). Pub. L. 105-383, Sec. 411(a)(1), substituted "to
prevent, minimize, or mitigate damage" for "to minimize or mitigate
damage".
Subsec. (a)(25). Pub. L. 105-383, Sec. 411(a)(2), added par.
(25).
Subsec. (c)(4)(A). Pub. L. 105-383, Sec. 411(a)(3), inserted
"relating to a discharge or a substantial threat of a discharge of
oil or a hazardous substance" before period at end.
1996 - Subsec. (b)(1), (2)(A), (3). Pub. L. 104-208 substituted
"Magnuson-Stevens Fishery" for "Magnuson Fishery" wherever
appearing.
Subsec. (c)(3)(B). Pub. L. 104-324, Sec. 1144, inserted ", except
that the owner or operator may deviate from the applicable response
plan if the President or the Federal On-Scene Coordinator
determines that deviation from the response plan would provide for
a more expeditious or effective response to the spill or mitigation
of its environmental effects" before period at end.
Subsec. (j)(2)(A). Pub. L. 104-324, Sec. 1143(1), inserted "and
of information regarding previous spills, including data from
universities, research institutions, State governments, and other
nations, as appropriate, which shall be disseminated as appropriate
to response groups and area committees, and" after "paragraph
(4),".
Subsec. (j)(4)(C)(v). Pub. L. 104-324, Sec. 1143(2), inserted
"compile a list of local scientists, both inside and outside
Federal Government service, with expertise in the environmental
effects of spills of the types of oil typically transported in the
area, who may be contacted to provide information or, where
appropriate, participate in meetings of the scientific support team
convened in response to a spill, and" before "describe".
1992 - Subsec. (b)(12). Pub. L. 102-388 added par. (12).
Subsec. (i). Pub. L. 102-572 substituted "United States Court of (continued)