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United States
33 USC CHAPTER 40 - OIL POLLUTION

-CITE-
33 USC CHAPTER 40 - OIL POLLUTION 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION

-HEAD-
CHAPTER 40 - OIL POLLUTION


-MISC1-
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
Sec.
2701. Definitions.
2702. Elements of liability.
(a) In general.
(b) Covered removal costs and damages.
(c) Excluded discharges.
(d) Liability of third parties.
2703. Defenses to liability.
(a) Complete defenses.
(b) Defenses as to particular claimants.
(c) Limitation on complete defense.
2704. Limits on liability.
(a) General rule.
(b) Division of liability for mobile offshore
drilling units.
(c) Exceptions.
(d) Adjusting limits of liability.
2705. Interest; partial payment of claims.
(a) General rule.
(b) Period.
2706. Natural resources.
(a) Liability.
(b) Designation of trustees.
(c) Functions of trustees.
(d) Measure of damages.
(e) Damage assessment regulations.
(f) Use of recovered sums.
(g) Compliance.
2707. Recovery by foreign claimants.
(a) Required showing by foreign claimants.
(b) Discharges in foreign countries.
(c) "Foreign claimant" defined.
2708. Recovery by responsible party.
(a) In general.
(b) Extent of recovery.
2709. Contribution.
2710. Indemnification agreements.
(a) Agreements not prohibited.
(b) Liability not transferred.
(c) Relationship to other causes of action.
2711. Consultation on removal actions.
2712. Uses of Fund.
(a) Uses generally.
(b) Defense to liability for Fund.
(c) Obligation of Fund by Federal officials.
(d) Access to Fund by State officials.
(e) Regulations.
(f) Rights of subrogation.
(g) Audits.
(h) Period of limitations for claims.
(i) Limitation on payment for same costs.
(j) Obligation in accordance with plan.
(k) Preference for private persons in area affected
by discharge.
2713. Claims procedure.
(a) Presentation.
(b) Presentation to Fund.
(c) Election.
(d) Uncompensated damages.
(e) Procedure for claims against Fund.
2714. Designation of source and advertisement.
(a) Designation of source and notification.
(b) Advertisement by responsible party or
guarantor.
(c) Advertisement by President.
2715. Subrogation.
(a) In general.
(b) Interim damages.
(c) Actions on behalf of Fund.
2716. Financial responsibility.
(a) Requirement.
(b) Sanctions.
(c) Offshore facilities.
(e) Methods of financial responsibility.
(f) Claims against guarantor.
(g) Limitation on guarantor's liability.
(h) Continuation of regulations.
(i) Unified certificate.
2716a. Financial responsibility civil penalties.
(a) Administrative.
(b) Judicial.
2717. Litigation, jurisdiction, and venue.
(a) Review of regulations.
(b) Jurisdiction.
(c) State court jurisdiction.
(d) Assessment and collection of tax.
(e) Savings provision.
(f) Period of limitations.
2718. Relationship to other law.
(a) Preservation of State authorities; Solid Waste
Disposal Act.
(b) Preservation of State funds.
(c) Additional requirements and liabilities;
penalties.
(d) Federal employee liability.
2719. State financial responsibility.
2720. Differentiation among fats, oils, and greases.
(a) In general.
(b) Considerations.
(c) Exception.

SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS
2731. Oil Spill Recovery Institute.
(a) Establishment of Institute.
(b) Functions.
(c) Advisory board.
(d) Scientific and technical committee.
(e) Director.
(f) Evaluation.
(g) Audit.
(h) Status of employees.
(i) Termination.
(j) Use of funds.
(k) Research.
(l) "Prince William Sound and its adjacent waters"
defined.
2732. Terminal and tanker oversight and monitoring.
(a) Short title and findings.
(b) Demonstration programs.
(c) Oil Terminal Facilities and Oil Tanker
Operations Association.
(d) Regional Citizens' Advisory Councils.
(e) Committee for Terminal and Oil Tanker
Operations and Environmental Monitoring.
(f) Committee for Oil Spill Prevention, Safety, and
Emergency Response.
(g) Agency cooperation.
(h) Recommendations of Council.
(i) Administrative actions.
(j) Location and compensation.
(k) Funding.
(l) Reports.
(m) Definitions.
(n) Savings clause.
(o) Alternative voluntary advisory group in lieu of
Council.
2733. Bligh Reef light.
2734. Vessel traffic service system.
2735. Equipment and personnel requirements under tank vessel
and facility response plans.
(a) In general.
(b) Definitions.
2736. Funding.
(a) Sections 2731, 2733, and 2734.
(b) Use of interest only.
(c) Use for section 2712.
(c) Section 2738.
2737. Limitation.
2738. North Pacific Marine Research Institute.
(a) Institute established.
(b) Functions.
(c) Evaluation and audit.
(d) Status of employees
(e) Use of funds.
(f) Availability of research.

SUBCHAPTER III - MISCELLANEOUS
2751. Savings provision.
(a) Cross-references.
(b) Continuation of regulations.
(c) Rule of construction.
(d) Actions and rights.
(e) Admiralty and maritime law.
2752. Annual appropriations.
(a) Required.
(b) Exceptions.
2753. Repealed.

SUBCHAPTER IV - OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
2761. Oil pollution research and development program.
(a) Interagency Coordinating Committee on Oil
Pollution Research.
(b) Oil pollution research and technology plan.
(c) Oil pollution research and development program.
(d) International cooperation.
(e) Biennial reports.
(f) Funding.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 1321 of this title; title
26 section 9509; title 43 sections 1474b-1, 1653.

-End-


-CITE-
33 USC SUBCHAPTER I - OIL POLLUTION LIABILITY AND
COMPENSATION 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-HEAD-
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 1321 of this title.

-End-



-CITE-
33 USC Sec. 2701 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-HEAD-
Sec. 2701. Definitions

-STATUTE-
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
country's territorial sea or from the foreign country's
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.

-SOURCE-
(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.)

-REFTEXT-
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.


-MISC1-
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'."


-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1321 of this title.

-End-



-CITE-
33 USC Sec. 2702 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-HEAD-
Sec. 2702. Elements of liability

-STATUTE-
(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.

-SOURCE-
(Pub. L. 101-380, title I, Sec. 1002, Aug. 18, 1990, 104 Stat.
489.)

-REFTEXT-
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.

-SECREF-
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.

-End-



-CITE-
33 USC Sec. 2703 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-HEAD-
Sec. 2703. Defenses to liability

-STATUTE-
(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.).

-SOURCE-
(Pub. L. 101-380, title I, Sec. 1003, Aug. 18, 1990, 104 Stat.
491.)

-REFTEXT-
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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2702, 2704, 2708 of this
title.

-End-



-CITE-
33 USC Sec. 2704 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-HEAD-
Sec. 2704. Limits on liability

-STATUTE-
(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).

(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.

-SOURCE-
(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.)

-REFTEXT-
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. (continued)