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(continued)
Federal Claims" for "United States Claims Court".
1990 - Subsec. (a)(8). Pub. L. 101-380, Sec. 4201(b)(1)[(c)(1)],
inserted "containment and" after "refers to".
Subsec. (a)(16). Pub. L. 101-380, Sec. 4201(b)(2)[(c)(2)],
substituted semicolon for period at end.
Subsec. (a)(17). Pub. L. 101-380, Sec. 4201(b)(3)[(c)(3)],
substituted "otherwise" for "Otherwise" and semicolon for period at
end.
Subsec. (a)(18) to (24). Pub. L. 101-380, Sec.
4201(b)(4)[(c)(4)], added pars. (18) to (24).
Subsec. (b)(4). Pub. L. 101-380, Sec. 4204, inserted "or the
environment" after "the public health or welfare".
Subsec. (b)(5). Pub. L. 101-380, Sec. 4301(a), inserted after
first sentence "The Federal agency shall immediately notify the
appropriate State agency of any State which is, or may reasonably
be expected to be, affected by the discharge of oil or a hazardous
substance.", substituted "fined in accordance with title 18, United
States Code, or imprisoned for not more than 5 years, or both" for
"fined not more than $10,000, or imprisoned for not more than one
year, or both", struck out "or information obtained by the
exploitation of such notification" before "shall not be used", and
inserted "natural" before "person in any".
Subsec. (b)(6) to (11). Pub. L. 101-380, Sec. 4301(b), added
pars. (6) to (11) and struck out former par. (6) which related to
assessment of civil penalties, limited to $5,000 for each offense,
against any owner, operator, or person in charge of any onshore or
offshore facility from which oil or a hazardous substance was
discharged in violation of par. (3).
Subsec. (c). Pub. L. 101-380, Sec. 4201(a), amended subsec. (c)
generally, substituting present provisions for provisions
authorizing President to arrange for removal of discharge of oil or
a hazardous substance into or upon the navigable waters of the
U.S., unless he determined such removal would be properly conducted
by owner or operator of the vessel causing discharge, and directed
President to prepare and publish a National Contingency Plan within
60 days after October 18, 1972.
Subsec. (d). Pub. L. 101-380, Sec. 4201(b), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows:
"Whenever a marine disaster in or upon the navigable waters of the
United States has created a substantial threat of a pollution
hazard to the public health or welfare of the United States,
including, but not limited to, fish, shellfish, and wildlife and
the public and private shorelines and beaches of the United States,
because of a discharge, or an imminent discharge, of large
quantities of oil, or of a hazardous substance from a vessel the
United States may (A) coordinate and direct all public and private
efforts directed at the removal or elimination of such threat; and
(B) summarily remove, and, if necessary, destroy such vessel by
whatever means are available without regard to any provisions of
law governing the employment of personnel or the expenditure of
appropriated funds. Any expense incurred under this subsection or
under the Intervention on the High Seas Act (or the convention
defined in section 2(3) thereof) shall be a cost incurred by the
United States Government for the purposes of subsection (f) of this
section in the removal of oil or hazardous substance."
Subsec. (e). Pub. L. 101-380, Sec. 4306, amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: "In
addition to any other action taken by a State or local government,
when the President determines there is an imminent and substantial
threat to the public health or welfare of the United States,
including, but not limited to, fish, shellfish, and wildlife and
public and private property, shorelines, and beaches within the
United States, because of an actual or threatened discharge of oil
or hazardous substance into or upon the navigable waters of the
United States from an onshore or offshore facility, the President
may require the United States attorney of the district in which the
threat occurs to secure such relief as may be necessary to abate
such threat, and the district courts of the United States shall
have jurisdiction to grant such relief as the public interest and
the equities of the case may require."
Subsec. (i). Pub. L. 101-380, Sec. 2002(b)(1), struck out par.
(1) designation before "In any case" and struck out pars. (2) and
(3) which read as follows:
"(2) The provisions of this subsection shall not apply in any
case where liability is established pursuant to the Outer
Continental Shelf Lands Act, or the Deepwater Port Act of 1974.
"(3) Any amount paid in accordance with a judgment of the United
States Claims Court pursuant to this section shall be paid from the
funds established pursuant to subsection (k) of this section."
Subsec. (j). Pub. L. 101-380, Sec. 4202(a), amended heading,
inserted heading for par. (1) and realigned its margin, added pars.
(2) to (8), and struck out former par. (2) which read as follows:
"Any owner or operator of a vessel or an onshore facility or an
offshore facility and any other person subject to any regulation
issued under paragraph (1) of this subsection who fails or refuses
to comply with the provisions of any such regulations, shall be
liable to a civil penalty of not more than $5,000 for each such
violation. This paragraph shall not apply to any owner or operator
of any vessel from which oil or a hazardous substance is discharged
in violation of paragraph (3)(ii) of subsection (b) of this section
unless such owner, operator, or person in charge is otherwise
subject to the jurisdiction of the United States. Each violation
shall be a separate offense. The President may assess and
compromise such penalty. No penalty shall be assessed until the
owner, operator, or other person charged shall have been given
notice and an opportunity for a hearing on such charge. In
determining the amount of the penalty, or the amount agreed upon in
compromise, the gravity of the violation, and the demonstrated good
faith of the owner, operator, or other person charged in attempting
to achieve rapid compliance, after notification of a violation,
shall be considered by the President."
Subsec. (k). Pub. L. 101-380, Sec. 2002(b)(2), struck out subsec.
(k) which authorized appropriations and supplemental appropriations
to create and maintain a revolving fund to carry out subsecs. (c),
(d), (i), and (l) of this section.
Subsec. (l). Pub. L. 101-380, Sec. 2002(b)(3), struck out after
first sentence "Any moneys in the fund established by subsection
(k) of this section shall be available to such Federal departments,
agencies, and instrumentalities to carry out the provisions of
subsections (c) and (i) of this section."
Subsec. (m). Pub. L. 101-380, Sec. 4305, amended subsec. (m)
generally. Prior to amendment, subsec. (m) read as follows: "Anyone
authorized by the President to enforce the provisions of this
section 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 violates the provisions of this section or any
regulation issued thereunder in his presence or view, and (C)
execute any warrant or other process issued by an officer or court
of competent jurisdiction."
Subsec. (o)(2). Pub. L. 101-380, Sec. 4202(c), inserted ", or
with respect to any removal activities related to such discharge"
after "within such State".
Subsec. (p). Pub. L. 101-380, Sec. 2002(b)(4), struck out subsec.
(p) which provided for establishment and maintenance of evidence of
financial responsibility by vessels over 300 gross tons carrying
oil or hazardous substances.
Subsec. (s). Pub. L. 101-380, Sec. 2002(b)(5), added subsec. (s).
1987 - Subsec. (a)(5). Pub. L. 100-4 substituted "the
Commonwealth of the Northern Mariana Islands" for "the Canal Zone".
1982 - Subsec. (i)(1), (3). Pub. L. 97-164 substituted "Claims
Court" for "Court of Claims".
1980 - Subsec. (b)(1), (2)(A), (3). Pub. L. 96-561 substituted
"Magnuson Fishery Conservation and Management Act" for "Fishery
Conservation and Management Act of 1976".
Subsec. (b)(3)(A). Pub. L. 96-478 struck out "of oil" after "in
the case of such discharges" and substituted "Protocol of 1978
Relating to the International Convention for the Prevention of
Pollution from Ships, 1973" for "International Convention for the
Prevention of Pollution of the Sea by Oil, 1954, as amended".
Subsec. (c)(1). Pub. L. 96-561 substituted "Magnuson Fishery
Conservation and Management Act" for "Fishery Conservation and
Management Act of 1976".
Subsec. (k). Pub. L. 96-483 designated existing provisions as
par. (1) and added par. (2).
1978 - Subsec. (a)(2). Pub. L. 95-576, Sec. 1(b)(1), excluded
discharges described in cls. (A) to (C) from term "discharge".
Subsec. (a)(17). Pub. L. 95-576, Sec. 1(b)(2), added par. (17).
Subsec. (b)(2)(B). Pub. L. 95-576, Sec. 1(b)(3), substituted
requirement that a study be made respecting methods, mechanisms,
and procedures for creating incentives to achieve higher standard
of care in management and movement of hazardous substances,
including consideration of enumerated items, and a report made to
Congress within 18 months after Nov. 2, 1978, for provisions
concerning actual removability of any designated hazardous
substance, liability during two year period commencing Oct. 18,
1972 based on toxicity, degradability, and dispersal
characteristics of the substance limited to $50,000 and without
limitation in cases of willful negligence or willful misconduct,
liability after such two year period ranging from $500 to $5,000
based on toxicity, etc., or liability for penalty determined by
number of units discharged multiplied by amount established for the
unit limited to $5,000,000 in the case of a discharge from a vessel
and to $500,000 in the case of a discharge from onshore or offshore
facility, establishment by regulation of a unit of measurement
based upon the usual trade practice for each designated hazardous
substance and establishment for such unit a fixed monetary amount
ranging from $100 to $1,000 based on toxicity, etc.
Subsec. (b)(3). Pub. L. 95-576, Sec. 1(b)(4), substituted "such
quantities as may be harmful" for "harmful quantities".
Subsec. (b)(4). Pub. L. 95-576, Sec. 1(b)(5), struck out ", to be
issued as soon as possible after October 18, 1972," after
"regulation" and substituted "substances" for "substance" and
"discharge of which may be harmful" for "discharge of which, at
such times, locations, circumstances, and conditions, will be
harmful".
Subsec. (b)(5). Pub. L. 95-576, Sec. 1(b)(6), inserted "at the
time of the discharge" after "otherwise subject to the jurisdiction
of the United States".
Subsec. (b)(6)(A) to (E). Pub. L. 95-576, Sec. 1(b)(7),
designated existing provisions as subpar. (A), inserted "at the
time of the discharge" after "jurisdiction of the United States",
and added subpars. (B) to (E).
1977 - Subsec. (a)(11). Pub. L. 95-217, Sec. 58(k), inserted ",
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," after "United States".
Subsec. (a)(15), (16). Pub. L. 95-217, Sec. 58(d)(1), added pars.
(15) and (16).
Subsec. (b)(1). Pub. L. 95-217, Sec. 58(a)(1), inserted reference
to activities under the Outer Continental Shelf Lands Act or the
Deepwater Port Act of 1974, or which may affect natural resources
belonging to, appertaining to, or under the exclusive management
authority of the United States (including resources under the
Fishery Conservation and Management Act of 1976).
Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 58(a)(2), inserted
reference to activities under the Outer Continental Shelf Lands Act
or the Deepwater Port Act of 1974, or which may affect natural
resources belonging to, appertaining to, or under the exclusive
management authority of the United States (including resources
under the Fishery Conservation and Management Act of 1976).
Subsec. (b)(2)(B)(v). Pub. L. 95-217, Sec. 57, added cl. (v).
Subsec. (b)(3). Pub. L. 95-217, Sec. 58(a)(3), (4), designated
part of existing provisions preceding cl. (A) as cl. (i) and added
cl. (ii), and, in cl. (A), inserted "or which may affect natural
resources belonging to, appertaining to, or under the exclusive
management authority of the United States (including resources
under the Fishery Conservation and Management Act of 1976)" after
"waters of the contiguous zone" and struck out "article IV of"
before "the International Convention for the Prevention of
Pollution of the Sea by Oil, 1954".
Subsec. (b)(4). Pub. L. 95-217, Sec. 58(a)(5), struck out
provisions under which, in the case of the discharge of oil into or
upon the waters of the contiguous zone, only those discharges which
threatened the fishery resources of the contiguous zone or
threatened to pollute or contribute to the pollution of the
territory or the territorial sea of the United States could be
determined to be harmful.
Subsec. (b)(5). Pub. L. 95-217, Sec. 58(a)(6), added cls. (A),
(B), and (C) between "Any such person" and "who fails to notify".
Subsec. (b)(6). Pub. L. 95-217, Sec. 58(a)(7), (8), substituted
"Any owner, operator, or person in charge of any onshore facility,
or offshore facility" for "Any owner or operator of any vessel,
onshore facility, or offshore facility" in provision relating to
violations of par. (3) of this subsection, and inserted provisions
directing the assessment of a civil penalty of not more than $5,000
for each offense by the Secretary of the department in which the
Coast Guard is operating to be assessed against any owner,
operator, or person in charge of any vessel from which oil or a
hazardous substance is discharged in violation of paragraph (3)(i)
of this subsection, and any owner, operator, or person in charge of
a vessel from which oil or a hazardous substance is discharged in
violation of paragraph (3)(ii) who is otherwise subject to the
jurisdiction of the United States.
Subsec. (c)(1). Pub. L. 95-217, Sec. 58(b), (c)(1), inserted "or
there is a substantial threat of such discharge," after "Whenever
any oil or a hazardous substance is discharged," and "or in
connection with activities under the Outer Continental Shelf Lands
Act or the Deepwater Port Act of 1974, or which may affect natural
resources belonging to, appertaining to, or under the exclusive
management authority of the United States (including resources
under the Fishery Conservation and Management Act of 1976)" after
"waters of the contiguous zone,".
Subsec. (c)(2)(D). Pub. L. 95-217, Sec. 58(e), substituted "and
imminent threats of such discharges to the appropriate State and
Federal agencies;" for "to the appropriate Federal agency;".
Subsec. (d). Pub. L. 95-217, Sec. 58(c)(2), inserted "or under
the Intervention on the High Seas Act (or the convention defined in
section 2(3) thereof)" after "Any expense incurred under this
subsection".
Subsec. (f)(1). Pub. L. 95-217, Sec. 58(d)(2), substituted ", 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," for "$100 per gross ton of such vessel or $14,000,000,
whichever is lesser,".
Subsec. (f)(2), (3). Pub. L. 95-217, Sec. 58(d)(5), (6),
substituted "$50,000,000" for "$8,000,000".
Subsec. (f)(4), (5). Pub. L. 95-217, Sec. 58(g), added pars. (4)
and (5).
Subsec. (g). Pub. L. 95-217, Sec. 58(d)(3), (f), substituted ",
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" for "$100 per gross ton of such vessel or $14,000,000,
whichever is the lesser" in the existing provisions and inserted
provision under which, 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 subsec.
(b) of this section, alleges that the discharge was caused solely
by an act or omission of a third party, the owner or operator must
pay to the United States Government the actual costs incurred under
subsec. (c) of this section for removal of the oil or substance and
shall be entitled by subrogation to all rights of the United States
Government to recover the costs from the third party under this
subsection.
Subsec. (i)(2). Pub. L. 95-217, Sec. 58(m), inserted reference to
the Deepwater Port Act of 1974.
Subsec. (j)(2). Pub. L. 95-217, Sec. 58(c)(3), inserted provision
that subsec. (j)(2) shall not apply to any owner or operator of any
vessel from which oil or a hazardous substance is discharged in
violation of subsec. (b)(3)(ii) of this section unless the owner,
operator, or person in charge is otherwise subject to the
jurisdiction of the United States.
Subsec. (k). Pub. L. 95-217, Sec. 58(l), substituted "such sums
as may be necessary to maintain such fund at a level of
$35,000,000" for "not to exceed $35,000,000".
Subsec. (p)(1). Pub. L. 95-217, Sec. 58(d)(4), substituted ", 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," for "$100 per gross ton, or $14,000,000 whichever is
the lesser,".
Subsecs. (q), (r). Pub. L. 95-217, Sec. 58(i), added subsecs. (q)
and (r).
1973 - Subsec. (f). Pub. L. 93-207, Sec. 1(4)(A), (B),
substituted "(b)(3)" for "(b)(2)" wherever appearing in pars. (1)
to (3), and substituted "Administrator" for "Secretary" in last
sentence of par. (2).
Subsecs. (g), (i). Pub. L. 93-207, Sec. 1(4)(C), substituted
"(b)(3)" for "(b)(2)" wherever appearing.

EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.
104-208 provided that the amendment made by that section is
effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of
Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 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.

EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
402 of Pub. L. 97-164, set out as a note under section 171 of Title
28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1980 AMENDMENTS
Section 238(b) of Pub. L. 96-561 provided that the amendment made
by that section is effective 15 days after Dec. 22, 1980.
Amendment by Pub. L. 96-478 effective Oct. 2, 1983, see section
14(a) of Pub. L. 96-478, set out as an Effective Date note under
section 1901 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT
Section 58(h) of Pub. L. 95-217 provided that: "The amendments
made by paragraphs (5) and (6) of subsection (d) of this section
[amending this section] shall take effect 180 days after the date
of enactment of the Clean Water Act of 1977 [Dec. 27, 1977]."


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Enforcement functions of Administrator or other official of the
Environmental Protection Agency under this section relating to
spill prevention, containment and countermeasure plans with respect
to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas were
transferred to the Federal Inspector, Office of Federal Inspector
for the Alaska Natural Gas Transportation System, until the first
anniversary of the date of initial operation of the Alaska Natural
Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs.
102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376,
effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector
for the Alaska Natural Gas Transportation System abolished and
functions and authority vested in Inspector transferred to
Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out
as an Abolition of Office of Federal Inspector note under section
719e of Title 15, Commerce and Trade.

DELEGATION OF FUNCTIONS
For delegation of certain functions of President under this
section, see Ex. Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2923, as
amended, set out as a note under section 9615 of Title 42, The
Public Health and Welfare.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE
CANAL ZONE
For termination of the United States District Court for the
District of the Canal Zone at end of the "transition period", being
the 30-month period beginning Oct. 1, 1979, and ending midnight
Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal
Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,
title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to
sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign
Relations and Intercourse.


-MISC2-
REPORT ON OIL SPILL RESPONDER IMMUNITY
Pub. L. 107-295, title IV, Sec. 440, Nov. 25, 2002, 116 Stat.
2130, provided that:
"(a) Report to Congress. - Not later than January 1, 2004, the
Secretary of the department in which the Coast Guard is operating,
jointly with the Secretary of Commerce and the Secretary of the
Interior, and after consultation with the Administrator of the
Environmental Protection Agency and the Attorney General, shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives on the immunity
from criminal and civil penalties provided under existing law of a
private responder (other than a responsible party) in the case of
the incidental take of federally listed fish or wildlife that
results from, but is not the purpose of, carrying out an otherwise
lawful activity conducted by that responder during an oil spill
removal activity where the responder was acting in a manner
consistent with the National Contingency Plan or as otherwise
directed by the Federal On-Scene Coordinator for the spill, and on
the circumstances under which such penalties have been or could be
imposed on a private responder. The report shall take into
consideration the procedures under the Inter-Agency Memorandum for
addressing incidental takes.
"(b) Definitions. - In this section -
"(1) the term 'Federal On-Scene Coordinator' has the meaning
given that term in section 311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321);
"(2) the term 'incidental take' has the meaning given that term
in the Inter-Agency Memorandum;
"(3) the term 'Inter-Agency Memorandum' means the Inter-Agency
Memorandum of Agreement Regarding Oil Spill Planning and Response
Activities under the Federal Water Pollution Control Act's
National Oil and Hazardous Substances Pollution Contingency Plan
and the Endangered Species Act [of 1973, 16 U.S.C. 1531 et seq.],
effective on July 22, 2001;
"(4) the terms 'National Contingency Plan', 'removal', and
'responsible party' have the meanings given those terms under
section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701);
and
"(5) the term 'private responder' means a nongovernmental
entity or individual that is carrying out an oil spill removal
activity at the direction of a Federal agency or a responsible
party."

OIL SPILL LIABILITY UNDER OIL POLLUTION ACT OF 1990
Section 2002(a) of Pub. L. 101-380 provided that: "Subsections
(f), (g), (h), and (i) of section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321) shall not apply with respect
to any incident for which liability is established under section
1002 of this Act [33 U.S.C. 2702]."

TRANSFER OF MONEYS TO OIL SPILL LIABILITY TRUST FUND
Section 2002(b)(2) of Pub. L. 101-380 provided that: "Subsection
(k) [of this section] is repealed. Any amounts remaining in the
revolving fund established under that subsection shall be deposited
in the [Oil Spill Liability Trust] Fund. The Fund shall assume all
liability incurred by the revolving fund established under that
subsection."

REVISION OF NATIONAL CONTINGENCY PLAN
Section 4201(c)[(d)] of Pub. L. 101-380 provided that: "Not later
than one year after the date of the enactment of this Act [Aug. 18,
1990], the President shall revise and republish the National
Contingency Plan prepared under section 311(c)(2) of the Federal
Water Pollution Control Act [33 U.S.C. 1321(c)(2)] (as in effect
immediately before the date of the enactment of this Act) to
implement the amendments made by this section and section 4202
[amending this section]."
[For delegation of functions of President under section 4201(c)
of Pub. L. 101-380, set out above, see Ex. Ord. No. 12580, Jan. 23,
1987, 52 F.R. 2923, as amended, set out as a note under section
9615 of Title 42, The Public Health and Welfare.]

IMPLEMENTATION OF NATIONAL PLANNING AND RESPONSE SYSTEM
Section 4202(b) of Pub. L. 101-380 provided that:
"(1) Area committees and contingency plans. - (A) Not later than
6 months after the date of the enactment of this Act [Aug. 18,
1990], the President shall designate the areas for which Area
Committees are established under section 311(j)(4) of the Federal
Water Pollution Control Act [33 U.S.C. 1321(j)(4)], as amended by
this Act. In designating such areas, the President shall ensure
that all navigable waters, adjoining shorelines, and waters of the
exclusive economic zone are subject to an Area Contingency Plan
under that section.
"(B) Not later than 18 months after the date of the enactment of
this Act, each Area Committee established under that section shall
submit to the President the Area Contingency Plan required under
that section.
"(C) Not later than 24 months after the date of the enactment of
this Act, the President shall -
"(i) promptly review each plan;
"(ii) require amendments to any plan that does not meet the
requirements of section 311(j)(4) of the Federal Water Pollution
Control Act; and
"(iii) approve each plan that meets the requirements of that
section.
"(2) National response unit. - Not later than one year after the
date of the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall establish a National
Response Unit in accordance with section 311(j)(2) of the Federal
Water Pollution Control Act, as amended by this Act.
"(3) Coast guard district response groups. - Not later than 1
year after the date of the enactment of this Act, the Secretary of
the department in which the Coast Guard is operating shall
establish Coast Guard District Response Groups in accordance with
section 311(j)(3) of the Federal Water Pollution Control Act, as
amended by this Act.
"(4) Tank vessel and facility response plans; transition
provision; effective date of prohibition. - (A) Not later than 24
months after the date of the enactment of this Act, the President
shall issue regulations for tank vessel and facility response plans
under section 311(j)(5) of the Federal Water Pollution Control Act,
as amended by this Act.
"(B) During the period beginning 30 months after the date of the
enactment of this paragraph [Aug. 18, 1990] and ending 36 months
after that date of enactment, a tank vessel or facility for which a
response plan is required to be prepared under section 311(j)(5) of
the Federal Water Pollution Control Act, as amended by this Act,
may not handle, store, or transport oil unless the owner or
operator thereof has submitted such a plan to the President.
"(C) Subparagraph (E) of section 311(j)(5) of the Federal Water
Pollution Control Act, as amended by this Act, shall take effect 36
months after the date of the enactment of this Act."

DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND
Penalties paid pursuant to this section and sections 1319(c) and
1501 et seq. of this title to be deposited in the Oil Spill
Liability Trust Fund created under section 9509 of Title 26,
Internal Revenue Code, see section 4304 of Pub. L. 101-380, set out
as a note under section 9509 of Title 26.

ALLOWABLE DELAY IN ESTABLISHING FINANCIAL RESPONSIBILITY FOR
INCREASE IN AMOUNTS UNDER 1977 AMENDMENT
Section 58(j) of Pub. L. 95-217 provided that: "No vessel subject
to the increased amounts which result from the amendments made by
subsections (d)(2), (d)(3), and (d)(4) of this section [amending
this section] shall be required to establish any evidence of
financial responsibility under section 311(p) of the Federal Water
Pollution Control Act [subsec. (p) of this section] for such
increased amounts before October 1, 1978."


-EXEC-
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
out as notes under section 1331 of Title 43, Public Lands.

EXECUTIVE ORDER NO. 11735
Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R. 21243, as amended by
Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which assigned
functions of the President regarding water pollution, was revoked
by Ex. Ord. No. 12777, Sec. 8(i), Oct. 18, 1991, 56 F.R. 54769, set
out below.

EXECUTIVE ORDER NO. 12418
Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which transferred
certain functions relating to the financial responsibility of
vessels for water pollution and established authority of Federal
agencies to respond to discharges or substantial threats of
discharges of oil and hazardous substances, was revoked by Ex. Ord.
No. 12777, Sec. 8(i), Oct. 18, 1991, 56 F.R. 54769, set out below.

EX. ORD. NO. 12777. IMPLEMENTATION OF THIS SECTION AND OIL
POLLUTION ACT OF 1990
Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54757, as amended by
Ex. Ord. No. 13286, Sec. 34, Feb. 28, 2003, 68 F.R. 10625,
provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including Section 311
of the Federal Water Pollution Control Act, ("FWPCA") (33 U.S.C.
1321), as amended by the Oil Pollution Act of 1990 (Public Law
101-380) ("OPA"), and by Section 301 of Title 3 of the United
States Code, it is hereby ordered as follows:
Section 1. National Contingency Plan, Area Committees, and Area
Contingency Plans. (a) Section 1 of Executive Order No. 12580 of
January 23, 1987 [42 U.S.C. 9615 note], is amended to read as
follows:
"Section 1. National Contingency Plan. (a)(1) The National
Contingency Plan ("the NCP"), shall provide for a National Response
Team ("the NRT") composed of representatives of appropriate Federal
departments and agencies for national planning and coordination of
preparedness and response actions, and Regional Response Teams as
the regional counterparts to the NRT for planning and coordination
of regional preparedness and response actions.
"(2) The following agencies (in addition to other appropriate
agencies) shall provide representatives to the National and
Regional Response Teams to carry out their responsibilities under
the NCP: Department of State, Department of Defense, Department of
Justice, Department of the Interior, Department of Agriculture,
Department of Commerce, Department of Labor, Department of Health
and Human Services, Department of Transportation, Department of
Energy, Environmental Protection Agency, Federal Emergency
Management Agency, United States Coast Guard, and the Nuclear
Regulatory Commission.
"(3) Except for periods of activation because of response action,
the representative of the Environmental Protection Agency ("EPA")
shall be the chairman, and the representative of the United States
Coast Guard shall be the vice chairman, of the NRT and these
agencies' representatives shall be co-chairs of the Regional
Response Teams ("the RRTs"). When the NRT or an RRT is activated
for a response action, the EPA representative shall be the chairman
when the release or threatened release or discharge or threatened
discharge occurs in the inland zone, and the United States Coast
Guard representative shall be the chairman when the release or
threatened release or discharge or threatened discharge occurs in
the coastal zone, unless otherwise agreed upon by the EPA and the
United States Coast Guard representatives (inland and coastal zones
are defined in the NCP).
"(4) The RRTs may include representatives from State governments,
local governments (as agreed upon by the States), and Indian tribal
governments. Subject to the functions and authorities delegated to
Executive departments and agencies in other sections of this order,
the NRT shall provide policy and program direction to the RRTs.
"(b)(1) The responsibility for the revision of the NCP and all
the other functions vested in the President by Sections 105(a),
(b), (c), and (g), 125, and 301(f) of the Act, by Section 311(d)(1)
of the Federal Water Pollution Control Act, and by Section 4201(c)
of the Oil Pollution Act of 1990 is delegated to the Administrator
of the Environmental Protection Agency ("the Administrator").
"(2) The function vested in the President by Section 118(p) of
the Superfund Amendments and Reauthorization Act of 1986 (Pub. L.
99-499) ("SARA") is delegated to the Administrator.
"(c) In accord with Section 107(f)(2)(A) of the Act, Section
311(f)(5) of the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1321(f)(5)), and Section 1006(b)(1) and (2) of the Oil
Pollution Act of 1990, the following shall be among those
designated in the NCP as Federal trustees for natural resources:
["](1) Secretary of Defense;
["](2) Secretary of the Interior;
["](3) Secretary of Agriculture;
["](4) Secretary of Commerce;
["](5) Secretary of Energy.
["]In the event of a spill, the above named Federal trustees for
natural resources shall designate one trustee to act as Lead
Administrative Trustee, the duties of which shall be defined in the
regulations promulgated pursuant to Section 1006(e)(1) of OPA. If
there are natural resource trustees other than those designated
above which are acting in the event of a spill, those other
trustees may join with the Federal trustees to name a Lead
Administrative Trustee which shall exercise the duties defined in
the regulations promulgated pursuant to Section 1006(e)(1) of OPA.
"(d) Revisions to the NCP shall be made in consultation with
members of the NRT prior to publication for notice and comment.
"(e) All revisions to the NCP, whether in proposed or final form,
shall be subject to review and approval by the Director of the
Office of Management and Budget ("OMB")."
(b) The functions vested in the President by Section 311(j)(4) of
FWPCA, and Section 4202(b)(1) of OPA [set out as a note above],
respecting the designation of Areas, the appointment of Area
Committee members, the requiring of information to be included in
Area Contingency Plans, and the review and approval of Area
Contingency Plans are delegated to the Administrator of the
Environmental Protection Agency ("Administrator") for the inland
zone and the Secretary of the Department in which the Coast Guard
is operating for the coastal zone (inland and coastal zones are
defined in the NCP).
Sec. 2. National Response System. (a) The functions vested in the
President by Section 311(j)(1)(A) of FWPCA, respecting the
establishment of methods and procedures for the removal of
discharged oil and hazardous substances, and by Section
311(j)(1)(B) of FWPCA respecting the establishment of criteria for
the development and implementation of local and regional oil and
hazardous substance removal contingency plans, are delegated to the
Administrator for the inland zone and the Secretary of the
Department in which the Coast Guard is operating for the coastal
zone.
(b)(1) The functions vested in the President by Section
311(j)(1)(C) of FWPCA, respecting the establishment of procedures,
methods, and equipment and other requirements for equipment to
prevent and to contain discharges of oil and hazardous substances
from non-transportation-related onshore facilities, are delegated
to the Administrator.
(2) The functions vested in the President by Section 311(j)(1)(C)
of FWPCA, respecting the establishment of procedures, methods, and
equipment and other requirements for equipment to prevent and to
contain discharges of oil and hazardous substances from vessels and
transportation-related onshore facilities and deepwater ports
subject to the Deepwater Ports [Port] Act of 1974 ("DPA") [33
U.S.C. 1501 et seq.], are delegated to the Secretary of
Transportation and the Secretary of the Department in which the
Coast Guard is operating.
(3) The functions vested in the President by Section 311(j)(1)(C)
of FWPCA, respecting the establishment of procedures, methods, and
equipment and other requirements for equipment to prevent and to
contain discharges of oil and hazardous substances from offshore
facilities, including associated pipelines, other than deepwater
ports subject to the DPA, are delegated to the Secretary of the
Interior.
(c) The functions vested in the President by Section 311(j)(1)(D)
of FWPCA, respecting the inspection of vessels carrying cargoes of
oil and hazardous substances and the inspection of such cargoes,
are delegated to the Secretary of the Department in which the Coast
Guard is operating.
(d)(1) The functions vested in the President by Section 311(j)(5)
of FWPCA and Section 4202(b)(4) of OPA [set out as a note above],
respecting the issuance of regulations requiring the owners or
operators of non-transportation-related onshore facilities to
prepare and submit response plans, the approval of means to ensure
the availability of private personnel and equipment, the review and
approval of such response plans, and the authorization of
non-transportation-related onshore facilities to operate without
approved response plans, are delegated to the Administrator.
(2) The functions vested in the President by Section 311(j)(5) of
FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of
regulations requiring the owners or operators of tank vessels,
transportation-related onshore facilities and deepwater ports
subject to the DPA, to prepare and submit response plans, the
approval of means to ensure the availability of private personnel
and equipment, the review and approval of such response plans, and
the authorization of tank vessels, transportation-related onshore
facilities and deepwater ports subject to the DPA to operate
without approved response plans, are delegated to the Secretary of
Transportation and the Secretary of the Department in which the
Coast Guard is operating.
(3) The functions vested in the President by Section 311(j)(5) of
FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of
regulations requiring the owners or operators of offshore
facilities, including associated pipelines, other than deepwater
ports subject to the DPA, to prepare and submit response plans, the
approval of means to ensure the availability of private personnel
and equipment, the review and approval of such response plans, and
the authorization of offshore facilities, including associated
pipelines, other than deepwater ports subject to the DPA, to
operate without approved response plans, are delegated to the
Secretary of the Interior.
(e)(1) The functions vested in the President by Section
311(j)(6)(A) of FWPCA, respecting the requirements for periodic
inspections of containment booms and equipment used to remove
discharges at non-transportation-related onshore facilities, are
delegated to the Administrator.
(2) The functions vested in the President by Section 311(j)(6)(A)
of FWPCA, respecting the requirements for periodic inspections of
containment booms and equipment used to remove discharges on
vessels, and at transportation-related onshore facilities and
deepwater ports subject to the DPA, are delegated to the Secretary
of the Department in which the Coast Guard is operating.
(3) The functions vested in the President by Section 311(j)(6)(A)
of FWPCA, respecting the requirements for periodic inspections of
containment booms and equipment used to remove discharges at
offshore facilities, including associated pipelines, other than
deepwater ports subject to the DPA, are delegated to the Secretary
of the Interior.
(f) The functions vested in the President by Section 311(j)(6)(B)
of FWPCA, respecting requirements for vessels to carry appropriate
removal equipment, are delegated to the Secretary of the Department
in which the Coast Guard is operating.
(g)(1) The functions vested in the President by Section 311(j)(7)
of FWPCA, respecting periodic drills of removal capability under
relevant response plans for onshore and offshore facilities located
in the inland zone, and the publishing of annual reports on those
drills, are delegated to the Administrator.
(2) The functions vested in the President by Section 311(j)(7) of
FWPCA, respecting periodic drills of removal capability under
relevant response plans for tank vessels, and for onshore and
offshore facilities located in the coastal zone, and the publishing
of annual reports on those drills, are delegated to the Secretary
of the Department in which the Coast Guard is operating.
(h) No provision of Section 2 of this order, including, but not
limited to, any delegation or assignment of any function hereunder,
shall in any way affect, or be construed or interpreted to affect
the authority of any Department or agency, or the head of any
Department or agency under any provision of law other than Section
311(j) of FWPCA or Section 4202(b)(4) of OPA.
(i) The functions vested in the President by Section 311(j) of
FWPCA or Section 4202(b)(4) of OPA which have been delegated or
assigned by Section 2 of this order may be redelegated to the head
of any Executive department or agency with his or her consent.
Sec. 3. Removal. The functions vested in the President by Section
311(c) of FWPCA and Section 1011 of OPA [33 U.S.C. 2711],
respecting an effective and immediate removal or arrangement for
removal of a discharge and mitigation or prevention of a
substantial threat of a discharge of oil or a hazardous substance,
the direction and monitoring of all Federal, State and private
actions, the removal and destruction of a vessel, the issuance of
directions, consulting with affected trustees, and removal
completion determinations, are delegated to the Administrator for
the inland zone and to the Secretary of the Department in which the
Coast Guard is operating for the coastal zone.
Sec. 4. Liability Limit Adjustment. (a) The functions vested in
the President by Section 1004(d) of OPA [33 U.S.C. 2704(d)],
respecting the establishment of limits of liability, with respect
to classes or categories of non-transportation-related onshore
facilities, the reporting to Congress on the desirability of
adjusting limits of liability with respect to
non-transportation-related onshore facilities, and the adjustment
of limits of liability to reflect significant increases in the
Consumer Price Index with respect to non-transportation-related
onshore facilities, are delegated to the Administrator, acting in
consultation with the Secretary of Transportation, the Secretary of
Energy, and the Attorney General.
(b) The functions vested in the President by Section 1004(d) of
OPA, respecting the establishment of limits of liability, with
respect to classes or categories of transportation-related onshore
facilities, the reporting to Congress on the desirability of
adjusting limits of liability, with respect to vessels or
transportation-related onshore facilities and deepwater ports
subject to the DPA, and the adjustment of limits of liability to
reflect significant increases in the Consumer Price Index with
respect to vessels or transportation-related onshore facilities and
deepwater ports subject to the DPA, are delegated to the Secretary
of Transportation.
(c) The functions vested in the President by Section 1004(d) of
OPA, respecting the reporting to Congress on the desirability of
adjusting limits of liability with respect to offshore facilities,
including associated pipelines, other than deepwater ports subject
to the DPA, and the adjustment of limits of liability to reflect
significant increases in the Consumer Price Index with respect to
offshore facilities, including associated pipelines, other than
deepwater ports subject to the DPA, are delegated to the Secretary
of the Interior.
Sec. 5. Financial Responsibility. (a)(1) The functions vested in
the President by Section 1016(e) of OPA [33 U.S.C. 2716(e)],
respecting (in the case of offshore facilities other than deepwater
ports) the issuance of regulations concerning financial
responsibility, the determination of acceptable methods of
financial responsibility, and the specification of necessary or (continued)