Loading (50 kb)...'
(continued)
(c)(2)(C), is Pub. L. 93-248, Feb. 5, 1974, 88 Stat. 8, as amended,
which is classified generally to chapter 28 (Sec. 1471 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 1471 of this title and
Tables.
-MISC1-
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-383, Sec. 406(1), substituted
comma for "(except a tank vessel on which the only oil carried as
cargo is an animal fat or vegetable oil, as those terms are used in
section 2720 of this title)" after "tank vessel".
Subsec. (c)(4). Pub. L. 105-383, Sec. 406(2), added par. (4).
1995 - Subsec. (a)(1). Pub. L. 104-55 substituted "for a tank
vessel (except a tank vessel on which the only oil carried as cargo
is an animal fat or vegetable oil, as those terms are used in
section 2720 of this title)" for "for a tank vessel,".
-TRANS-
DELEGATION OF FUNCTIONS
Specific functions of President under subsec. (d) of this section
delegated to Administrator of Environmental Protection Agency,
Secretary of Transportation, and Secretary of the Interior by
section 4 of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54763, set
out as a note under section 1321 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2702, 2705, 2708, 2712,
2716 of this title.
-FOOTNOTE-
(!1) So in original. The word "this" probably should not appear.
-End-
-CITE-
33 USC Sec. 2705 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2705. Interest; partial payment of claims
-STATUTE-
(a) General rule
The responsible party or the responsible party's guarantor is
liable to a claimant for interest on the amount paid in
satisfaction of a claim under this Act for the period described in
subsection (b) of this section. The responsible party shall
establish a procedure for the payment or settlement of claims for
interim, short-term damages. Payment or settlement of a claim for
interim, short-term damages representing less than the full amount
of damages to which the claimant ultimately may be entitled shall
not preclude recovery by the claimant for damages not reflected in
the paid or settled partial claim.
(b) Period
(1) In general
Except as provided in paragraph (2), the period for which
interest shall be paid is the period beginning on the 30th day
following the date on which the claim is presented to the
responsible party or guarantor and ending on the date on which
the claim is paid.
(2) Exclusion of period due to offer by guarantor
If the guarantor offers to the claimant an amount equal to or
greater than that finally paid in satisfaction of the claim, the
period described in paragraph (1) does not include the period
beginning on the date the offer is made and ending on the date
the offer is accepted. If the offer is made within 60 days after
the date on which the claim is presented under section 2713(a) of
this title, the period described in paragraph (1) does not
include any period before the offer is accepted.
(3) Exclusion of periods in interests of justice
If in any period a claimant is not paid due to reasons beyond
the control of the responsible party or because it would not
serve the interests of justice, no interest shall accrue under
this section during that period.
(4) Calculation of interest
The interest paid under this section shall be calculated at the
average of the highest rate for commercial and finance company
paper of maturities of 180 days or less obtaining on each of the
days included within the period for which interest must be paid
to the claimant, as published in the Federal Reserve Bulletin.
(5) Interest not subject to liability limits
(A) In general
Interest (including prejudgment interest) under this
paragraph is in addition to damages and removal costs for which
claims may be asserted under section 2702 of this title and
shall be paid without regard to any limitation of liability
under section 2704 of this title.
(B) Payment by guarantor
The payment of interest under this subsection by a guarantor
is subject to section 2716(g) of this title.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1005, Aug. 18, 1990, 104 Stat. 493;
Pub. L. 104-324, title XI, Sec. 1142(a), Oct. 19, 1996, 110 Stat.
3991.)
-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.
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-324, Sec. 1142(a)(1), inserted "; partial
payment of claims" after "Interest" in section catchline.
Subsec. (a). Pub. L. 104-324, Sec. 1142(a)(2), inserted at end
"The responsible party shall establish a procedure for the payment
or settlement of claims for interim, short-term damages. Payment or
settlement of a claim for interim, short-term damages representing
less than the full amount of damages to which the claimant
ultimately may be entitled shall not preclude recovery by the
claimant for damages not reflected in the paid or settled partial
claim."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 16 section 1443.
-End-
-CITE-
33 USC Sec. 2706 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2706. Natural resources
-STATUTE-
(a) Liability
In the case of natural resource damages under section
2702(b)(2)(A) of this title, liability shall be -
(1) to the United States Government for natural resources
belonging to, managed by, controlled by, or appertaining to the
United States;
(2) to any State for natural resources belonging to, managed
by, controlled by, or appertaining to such State or political
subdivision thereof;
(3) to any Indian tribe for natural resources belonging to,
managed by, controlled by, or appertaining to such Indian tribe;
and
(4) in any case in which section 2707 of this title applies, to
the government of a foreign country for natural resources
belonging to, managed by, controlled by, or appertaining to such
country.
(b) Designation of trustees
(1) In general
The President, or the authorized representative of any State,
Indian tribe, or foreign government, shall act on behalf of the
public, Indian tribe, or foreign country as trustee of natural
resources to present a claim for and to recover damages to the
natural resources.
(2) Federal trustees
The President shall designate the Federal officials who shall
act on behalf of the public as trustees for natural resources
under this Act.
(3) State trustees
The Governor of each State shall designate State and local
officials who may act on behalf of the public as trustee for
natural resources under this Act and shall notify the President
of the designation.
(4) Indian tribe trustees
The governing body of any Indian tribe shall designate tribal
officials who may act on behalf of the tribe or its members as
trustee for natural resources under this Act and shall notify the
President of the designation.
(5) Foreign trustees
The head of any foreign government may designate the trustee
who shall act on behalf of that government as trustee for natural
resources under this Act.
(c) Functions of trustees
(1) Federal trustees
The Federal officials designated under subsection (b)(2) of
this section -
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title for the natural resources under
their trusteeship;
(B) may, upon request of and reimbursement from a State or
Indian tribe and at the Federal officials' discretion, assess
damages for the natural resources under the State's or tribe's
trusteeship; and
(C) shall develop and implement a plan for the restoration,
rehabilitation, replacement, or acquisition of the equivalent,
of the natural resources under their trusteeship.
(2) State trustees
The State and local officials designated under subsection
(b)(3) of this section -
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title for the purposes of this Act for
the natural resources under their trusteeship; and
(B) shall develop and implement a plan for the restoration,
rehabilitation, replacement, or acquisition of the equivalent,
of the natural resources under their trusteeship.
(3) Indian tribe trustees
The tribal officials designated under subsection (b)(4) of this
section -
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title for the purposes of this Act for
the natural resources under their trusteeship; and
(B) shall develop and implement a plan for the restoration,
rehabilitation, replacement, or acquisition of the equivalent,
of the natural resources under their trusteeship.
(4) Foreign trustees
The trustees designated under subsection (b)(5) of this section
-
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title for the purposes of this Act for
the natural resources under their trusteeship; and
(B) shall develop and implement a plan for the restoration,
rehabilitation, replacement, or acquisition of the equivalent,
of the natural resources under their trusteeship.
(5) Notice and opportunity to be heard
Plans shall be developed and implemented under this section
only after adequate public notice, opportunity for a hearing, and
consideration of all public comment.
(d) Measure of damages
(1) In general
The measure of natural resource damages under section
2702(b)(2)(A) of this title is -
(A) the cost of restoring, rehabilitating, replacing, or
acquiring the equivalent of, the damaged natural resources;
(B) the diminution in value of those natural resources
pending restoration; plus
(C) the reasonable cost of assessing those damages.
(2) Determine costs with respect to plans
Costs shall be determined under paragraph (1) with respect to
plans adopted under subsection (c) of this section.
(3) No double recovery
There shall be no double recovery under this Act for natural
resource damages, including with respect to the costs of damage
assessment or restoration, rehabilitation, replacement, or
acquisition for the same incident and natural resource.
(e) Damage assessment regulations
(1) Regulations
The President, acting through the Under Secretary of Commerce
for Oceans and Atmosphere and in consultation with the
Administrator of the Environmental Protection Agency, the
Director of the United States Fish and Wildlife Service, and the
heads of other affected agencies, not later than 2 years after
August 18, 1990, shall promulgate regulations for the assessment
of natural resource damages under section 2702(b)(2)(A) of this
title resulting from a discharge of oil for the purpose of this
Act.
(2) Rebuttable presumption
Any determination or assessment of damages to natural resources
for the purposes of this Act made under subsection (d) of this
section by a Federal, State, or Indian trustee in accordance with
the regulations promulgated under paragraph (1) shall have the
force and effect of a rebuttable presumption on behalf of the
trustee in any administrative or judicial proceeding under this
Act.
(f) Use of recovered sums
Sums recovered under this Act by a Federal, State, Indian, or
foreign trustee for natural resource damages under section
2702(b)(2)(A) of this title shall be retained by the trustee in a
revolving trust account, without further appropriation, for use
only to reimburse or pay costs incurred by the trustee under
subsection (c) of this section with respect to the damaged natural
resources. Any amounts in excess of those required for these
reimbursements and costs shall be deposited in the Fund.
(g) Compliance
Review of actions by any Federal official where there is alleged
to be a failure of that official to perform a duty under this
section that is not discretionary with that official may be had by
any person in the district court in which the person resides or in
which the alleged damage to natural resources occurred. The court
may award costs of litigation (including reasonable attorney and
expert witness fees) to any prevailing or substantially prevailing
party. Nothing in this subsection shall restrict any right which
any person may have to seek relief under any other provision of
law.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1006, Aug. 18, 1990, 104 Stat.
494.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (b)(2)-(5), (c)(2)(A), (3)(A),
(4)(A), (d)(3), (e), and (f), is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990,
which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set
out under section 2701 of this title and Tables.
-TRANS-
DELEGATION OF FUNCTIONS
Functions of President under subsec. (b)(3) and (4) of this
section delegated to Administrator of Environmental Protection
Agency by section 8(c) of Ex. Ord. No. 12777, Oct. 18, 1991, 56
F.R. 54768, set out as a note under section 1321 of this title.
-MISC1-
NOAA OIL AND HAZARDOUS SUBSTANCE SPILL COST REIMBURSEMENT
Pub. L. 102-567, title II, Sec. 205, Oct. 29, 1992, 106 Stat.
4282, provided that:
"(a) Treatment of Amounts Received as Reimbursement of Expenses.
- Notwithstanding any other provision of law, amounts received by
the United States as reimbursement of expenses related to oil or
hazardous substance spill response activities, or natural resource
damage assessment, restoration, rehabilitation, replacement, or
acquisition activities, conducted (or to be conducted) by the
National Oceanic and Atmospheric Administration -
"(1) shall be deposited into the Fund;
"(2) shall be available, without fiscal year limitation and
without apportionment, for use in accordance with the law under
which the activities are conducted; and
"(3) shall not be considered to be an augmentation of
appropriations.
"(b) Application. - Subsection (a) shall apply to amounts
described in subsection (a) that are received -
"(1) after the date of the enactment of this Act [Oct. 29,
1992]; or
"(2) with respect to the oil spill associated with the
grounding of the EXXON VALDEZ.
"(c) Definitions. - For purposes of this section -
"(1) the term 'Fund' means the Damage Assessment and
Restoration Revolving Fund of the National Oceanic and
Atmospheric Administration referred to in title I of Public Law
101-515 under the heading 'National Oceanic and Atmospheric
Administration' (104 Stat. 2105) [set out as a note below]; and
"(2) the term 'expenses' includes incremental and base
salaries, ships, aircraft, and associated indirect costs, except
the term does not include base salaries and benefits of National
Oceanic and Atmospheric Administration Support Coordinators."
DAMAGE ASSESSMENT AND RESTORATION REVOLVING FUND; DEPOSITS;
AVAILABILITY; TRANSFER
Pub. L. 101-515, title I, Nov. 5, 1990, 104 Stat. 2105, provided
that: "For contingency planning, response and natural resource
damage assessment and restoration activities, pursuant to the
Comprehensive Environmental Response, Compensation[,] and Liability
Act [of 1980], as amended [42 U.S.C. 9601 et seq.], the Federal
Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.],
the Marine Protection, Research[,] and Sanctuaries Act [of 1972],
as amended [16 U.S.C. 1431et seq., 1447 et seq.; 33 U.S.C. 1401 et
seq., 2801 et seq.], and the Oil Pollution Act of 1990 [33 U.S.C.
2701 et seq.], $5,000,000 to remain available until expended:
Provided, That notwithstanding any other provision of law, in
fiscal year 1991 and thereafter, sums provided by any party or
governmental entity for natural resource damage assessment,
response or restoration activities conducted or to be conducted by
the National Oceanic and Atmospheric Administration as a result of
any injury to the marine environment and/or resources for which the
National Oceanic and Atmospheric Administration acts as trustee of
said marine environment and/or resources, shall be deposited in the
Damage Assessment and Restoration Revolving Fund and said funds so
deposited shall remain available until expended: Provided further,
That for purposes of obligation and expenditure in fiscal year 1991
and thereafter, sums available in the Damage Assessment and
Restoration Revolving Fund may be transferred, upon the approval of
the Secretary of Commerce or his delegate, to the Operations,
Research, and Facilities appropriation of the National Oceanic and
Atmospheric Administration."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2711, 2712, 2717, 2752 of
this title; title 26 section 9509.
-End-
-CITE-
33 USC Sec. 2707 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2707. Recovery by foreign claimants
-STATUTE-
(a) Required showing by foreign claimants
(1) In general
In addition to satisfying the other requirements of this Act,
to recover removal costs or damages resulting from an incident a
foreign claimant shall demonstrate that -
(A) the claimant has not been otherwise compensated for the
removal costs or damages; and
(B) recovery is authorized by a treaty or executive agreement
between the United States and the claimant's country, or the
Secretary of State, in consultation with the Attorney General
and other appropriate officials, has certified that the
claimant's country provides a comparable remedy for United
States claimants.
(2) Exceptions
Paragraph (1)(B) shall not apply with respect to recovery by a
resident of Canada in the case of an incident described in
subsection (b)(4) of this section.
(b) Discharges in foreign countries
A foreign claimant may make a claim for removal costs and damages
resulting from a discharge, or substantial threat of a discharge,
of oil in or on the territorial sea, internal waters, or adjacent
shoreline of a foreign country, only if the discharge is from -
(1) an Outer Continental Shelf facility or a deepwater port;
(2) a vessel in the navigable waters;
(3) a vessel carrying oil as cargo between 2 places in the
United States; or
(4) a tanker that received the oil at the terminal of the
pipeline constructed under the Trans-Alaska Pipeline
Authorization Act (43 U.S.C. 1651 et seq.), for transportation to
a place in the United States, and the discharge or threat occurs
prior to delivery of the oil to that place.
(c) "Foreign claimant" defined
In this section, the term "foreign claimant" means -
(1) a person residing in a foreign country;
(2) the government of a foreign country; and
(3) an agency or political subdivision of a foreign country.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1007, Aug. 18, 1990, 104 Stat.
496.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(1), is Pub. L. 101-380, Aug.
18, 1990, 104 Stat. 484, as amended, known as the Oil Pollution Act
of 1990, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title
note set out under section 2701 of this title and Tables.
The Trans-Alaska Pipeline Authorization Act, referred to in
subsec. (b)(4), is title II of Pub. L. 93-153, Nov. 16, 1973, 87
Stat. 584, which is classified generally to chapter 34 (Sec. 1651
et seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section
1651 of Title 43 and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2706 of this title.
-End-
-CITE-
33 USC Sec. 2708 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2708. Recovery by responsible party
-STATUTE-
(a) In general
The responsible party for a vessel or facility from which oil is
discharged, or which poses the substantial threat of a discharge of
oil, may assert a claim for removal costs and damages under section
2713 of this title only if the responsible party demonstrates that
-
(1) the responsible party is entitled to a defense to liability
under section 2703 of this title; or
(2) the responsible party is entitled to a limitation of
liability under section 2704 of this title.
(b) Extent of recovery
A responsible party who is entitled to a limitation of liability
may assert a claim under section 2713 of this title only to the
extent that the sum of the removal costs and damages incurred by
the responsible party plus the amounts paid by the responsible
party, or by the guarantor on behalf of the responsible party, for
claims asserted under section 2713 of this title exceeds the amount
to which the total of the liability under section 2702 of this
title and removal costs and damages incurred by, or on behalf of,
the responsible party is limited under section 2704 of this title.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1008, Aug. 18, 1990, 104 Stat.
497.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2713 of this title.
-End-
-CITE-
33 USC Sec. 2709 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2709. Contribution
-STATUTE-
A person may bring a civil action for contribution against any
other person who is liable or potentially liable under this Act or
another law. The action shall be brought in accordance with section
2717 of this title.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1009, Aug. 18, 1990, 104 Stat.
497.)
-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 under section 2701 of this title and Tables.
-End-
-CITE-
33 USC Sec. 2710 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2710. Indemnification agreements
-STATUTE-
(a) Agreements not prohibited
Nothing in this Act prohibits any agreement to insure, hold
harmless, or indemnify a party to such agreement for any liability
under this Act.
(b) Liability not transferred
No indemnification, hold harmless, or similar agreement or
conveyance shall be effective to transfer liability imposed under
this Act from a responsible party or from any person who may be
liable for an incident under this Act to any other person.
(c) Relationship to other causes of action
Nothing in this Act, including the provisions of subsection (b)
of this section, bars a cause of action that a responsible party
subject to liability under this Act, or a guarantor, has or would
have, by reason of subrogation or otherwise, against any person.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1010, Aug. 18, 1990, 104 Stat.
498.)
-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 under section 2701 of this title and Tables.
-End-
-CITE-
33 USC Sec. 2711 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2711. Consultation on removal actions
-STATUTE-
The President shall consult with the affected trustees designated
under section 2706 of this title on the appropriate removal action
to be taken in connection with any discharge of oil. For the
purposes of the National Contingency Plan, removal with respect to
any discharge shall be considered completed when so determined by
the President in consultation with the Governor or Governors of the
affected States. However, this determination shall not preclude
additional removal actions under applicable State law.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1011, Aug. 18, 1990, 104 Stat.
498.)
-TRANS-
DELEGATION OF FUNCTIONS
Functions of President under this section delegated to
Administrator of Environmental Protection Agency for inland zone
and to Secretary of Department in which Coast Guard is operating
for coastal zone by section 3 of Ex. Ord. No. 12777, Oct. 18, 1991,
56 F.R. 54757, set out as a note under section 1321 of this title.
-End-
-CITE-
33 USC Sec. 2712 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2712. Uses of Fund
-STATUTE-
(a) Uses generally
The Fund shall be available to the President for -
(1) the payment of removal costs, including the costs of
monitoring removal actions, determined by the President to be
consistent with the National Contingency Plan -
(A) by Federal authorities; or
(B) by a Governor or designated State official under
subsection (d) of this section;
(2) the payment of costs incurred by Federal, State, or Indian
tribe trustees in carrying out their functions under section 2706
of this title for assessing natural resource damages and for
developing and implementing plans for the restoration,
rehabilitation, replacement, or acquisition of the equivalent of
damaged resources determined by the President to be consistent
with the National Contingency Plan;
(3) the payment of removal costs determined by the President to
be consistent with the National Contingency Plan as a result of,
and damages resulting from, a discharge, or a substantial threat
of a discharge, of oil from a foreign offshore unit;
(4) the payment of claims in accordance with section 2713 of
this title for uncompensated removal costs determined by the
President to be consistent with the National Contingency Plan or
uncompensated damages;
(5) the payment of Federal administrative, operational, and
personnel costs and expenses reasonably necessary for and
incidental to the implementation, administration, and enforcement
of this Act (including, but not limited to, sections 1004(d)(2),
1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, and title VII)
and subsections (b), (c), (d), (j), and (l) of section 1321 of
this title with respect to prevention, removal, and enforcement
related to oil discharges, provided that -
(A) not more than $25,000,000 in each fiscal year shall be
available to the Secretary for operating expenses incurred by
the Coast Guard;
(B) not more than $30,000,000 each year through the end of
fiscal year 1992 shall be available to establish the National
Response System under section 1321(j) of this title, including
the purchase and prepositioning of oil spill removal equipment;
and
(C) not more than $27,250,000 in each fiscal year shall be
available to carry out subchapter IV of this chapter.
(b) Defense to liability for Fund
The Fund shall not be available to pay any claim for removal
costs or damages to a particular claimant, to the extent that the
incident, removal costs, or damages are caused by the gross
negligence or willful misconduct of that claimant.
(c) Obligation of Fund by Federal officials
The President may promulgate regulations designating one or more
Federal officials who may obligate money in accordance with
subsection (a) of this section.
(d) Access to Fund by State officials
(1) Immediate removal
In accordance with regulations promulgated under this section,
the President, upon the request of the Governor of a State or
pursuant to an agreement with a State under paragraph (2), may
obligate the Fund for payment in an amount not to exceed $250,000
for removal costs consistent with the National Contingency Plan
required for the immediate removal of a discharge, or the
mitigation or prevention of a substantial threat of a discharge,
of oil.
(2) Agreements
(A) In general
The President shall enter into an agreement with the Governor
of any interested State to establish procedures under which the
Governor or a designated State official may receive payments
from the Fund for removal costs pursuant to paragraph (1).
(B) Terms
Agreements under this paragraph -
(i) may include such terms and conditions as may be agreed
upon by the President and the Governor of a State;
(ii) shall provide for political subdivisions of the State
to receive payments for reasonable removal costs; and
(iii) may authorize advance payments from the Fund to
facilitate removal efforts.
(e) Regulations
The President shall -
(1) not later than 6 months after August 18, 1990, publish
proposed regulations detailing the manner in which the authority
to obligate the Fund and to enter into agreements under this
subsection shall be exercised; and
(2) not later than 3 months after the close of the comment
period for such proposed regulations, promulgate final
regulations for that purpose.
(f) Rights of subrogation
Payment of any claim or obligation by the Fund under this Act
shall be subject to the United States Government acquiring by
subrogation all rights of the claimant or State to recover from the
responsible party.
(g) Audits
The Comptroller General shall audit all payments, obligations,
reimbursements, and other uses of the Fund, to assure that the Fund
is being properly administered and that claims are being
appropriately and expeditiously considered. The Comptroller General
shall submit to the Congress an interim report one year after
August 18, 1990. The Comptroller General shall thereafter audit the
Fund as is appropriate. Each Federal agency shall cooperate with
the Comptroller General in carrying out this subsection.
(h) Period of limitations for claims
(1) Removal costs
No claim may be presented under this subchapter for recovery of
removal costs for an incident unless the claim is presented
within 6 years after the date of completion of all removal
actions for that incident.
(2) Damages
No claim may be presented under this section for recovery of
damages unless the claim is presented within 3 years after the
date on which the injury and its connection with the discharge in
question were reasonably discoverable with the exercise of due
care, or in the case of natural resource damages under section
2702(b)(2)(A) of this title, if later, the date of completion of
the natural resources damage assessment under section 2706(e) of
this title.
(3) Minors and incompetents
The time limitations contained in this subsection shall not
begin to run -
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal
representative is duly appointed for the minor, or
(B) against an incompetent person until the earlier of the
date on which such incompetent's incompetency ends or the date
on which a legal representative is duly appointed for the
incompetent.
(i) Limitation on payment for same costs
In any case in which the President has paid an amount from the
Fund for any removal costs or damages specified under subsection
(a) of this section, no other claim may be paid from the Fund for
the same removal costs or damages.
(j) Obligation in accordance with plan
(1) In general
Except as provided in paragraph (2), amounts may be obligated
from the Fund for the restoration, rehabilitation, replacement,
or acquisition of natural resources only in accordance with a
plan adopted under section 2706(c) of this title.
(2) Exception
Paragraph (1) shall not apply in a situation requiring action
to avoid irreversible loss of natural resources or to prevent or
reduce any continuing danger to natural resources or similar need
for emergency action.
(k) Preference for private persons in area affected by discharge
(1) In general
In the expenditure of Federal funds for removal of oil,
including for distribution of supplies, construction, and other
reasonable and appropriate activities, under a contract or
agreement with a private person, preference shall be given, to
the extent feasible and practicable, to private persons residing
or doing business primarily in the area affected by the discharge
of oil.
(2) Limitation
This subsection shall not be considered to restrict the use of
Department of Defense resources.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1012, Aug. 18, 1990, 104 Stat.
498.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(5) and (f), is Pub. L.
101-380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution
Act of 1990, which is classified principally to this chapter.
Sections 1004(d)(2) and 1006(e) are classified to sections
2704(d)(2) and 2706(e), respectively, of this title. Section 4107
amended section 1223 of this title and enacted provisions set out
as a note under section 1223 of this title. Sections 4110 and 4111
enacted provisions set out as notes under section 3703 of Title 46,
Shipping. Section 4112 is not classified to the Code. Section 4117
enacted provisions set out as a note under section 1295 of Title
46, Appendix. Section 5006 is classified to section 2736 of this
title. Section 8103 enacted provisions set out as a note under
section 1651 of Title 43, Public Lands. Title VII is classified to
subchapter IV of this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 2701 of
this title and Tables.
-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.
DELEGATION OF FUNCTIONS
Functions of President under subsecs. (a)(1), (3), (4), (d), and
(e) of this section delegated to Secretary of Department in which
Coast Guard is operating by section 7(a)(1)(A), (c)(1), (3) of Ex.
Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54766, 54767, set out as a
note under section 1321 of this title.
Functions of President under subsec. (a)(2) of this section
delegated to Federal trustees designated in National Contingency
Plan by section 7(a)(2) of Ex. Ord. No. 12777.
Functions of President under subsecs. (a)(5) and (c) of this
section delegated to each head of departments and agencies having
responsibility for implementation, administration, and enforcement
of the Oil Pollution Act of 1990 (Pub. L. 101-380, see Tables for
classification) and section 1321(b), (c), (d), (j), (l) of this
title by section 7(a)(3), (b) of Ex. Ord. No. 12777.
Memorandum of the President of the United States, Aug. 24, 1990,
55 F.R. 35291, which delegated to the Secretary of the Department
in which the Coast Guard is operating authority to make available
from the Oil Spill Liability Trust Fund not to exceed $50,000,000
in any fiscal year to remove discharged oil or hazardous substances
from navigable waters, was revoked by Ex. Ord. No. 12777, Sec.
8(i), Oct. 18, 1991, 56 F.R. 54769, set out as a note under section
1321 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2713, 2736, 2752 of this
title; title 26 section 9509.
-End-
-CITE-
33 USC Sec. 2713 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2713. Claims procedure
-STATUTE-
(a) Presentation
Except as provided in subsection (b) of this section, all claims
for removal costs or damages shall be presented first to the
responsible party or guarantor of the source designated under
section 2714(a) of this title.
(b) Presentation to Fund
(1) In general
Claims for removal costs or damages may be presented first to
the Fund -
(A) if the President has advertised or otherwise notified
claimants in accordance with section 2714(c) of this title;
(B) by a responsible party who may assert a claim under
section 2708 of this title;
(C) by the Governor of a State for removal costs incurred by
that State; or
(D) by a United States claimant in a case where a foreign
offshore unit has discharged oil causing damage for which the
Fund is liable under section 2712(a) of this title.
(2) Limitation on presenting claim
No claim of a person against the Fund may be approved or
certified during the pendency of an action by the person in court
to recover costs which are the subject of the claim.
(c) Election
If a claim is presented in accordance with subsection (a) of this
section and -
(1) each person to whom the claim is presented denies all
liability for the claim, or
(2) the claim is not settled by any person by payment within 90
days after the date upon which (A) the claim was presented, or
(B) advertising was begun pursuant to section 2714(b) of this
title, whichever is later,
the claimant may elect to commence an action in court against the
responsible party or guarantor or to present the claim to the Fund.
(d) Uncompensated damages
If a claim is presented in accordance with this section,
including a claim for interim, short-term damages representing less
than the full amount of damages to which the claimant ultimately
may be entitled, and full and adequate compensation is unavailable,
a claim for the uncompensated damages and removal costs may be
presented to the Fund.
(e) Procedure for claims against Fund
The President shall promulgate, and may from time to time amend,
regulations for the presentation, filing, processing, settlement,
and adjudication of claims under this Act against the Fund.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1013, Aug. 18, 1990, 104 Stat. 501;
Pub. L. 104-324, title XI, Sec. 1142(b), Oct. 19, 1996, 110 Stat.
3991.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (e), is Pub. L. 101-380, Aug.
18, 1990, 104 Stat. 484, as amended, known as the Oil Pollution Act
of 1990, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title
note set out under section 2701 of this title and Tables.
-MISC1-
AMENDMENTS
1996 - Subsec. (d). Pub. L. 104-324 substituted "section,
including a claim for interim, short-term damages representing less
than the full amount of damages to which the claimant ultimately
may be entitled," for "section".
-TRANS-
DELEGATION OF FUNCTIONS
Functions of President under subsec. (e) of this section
delegated to Secretary of Department in which Coast Guard is
operating by section 7(c)(2) of Ex. Ord. No. 12777, Oct. 18, 1991,
56 F.R. 54767, set out as a note under section 1321 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2702, 2705, 2708, 2712 of
this title.
-End-
-CITE-
33 USC Sec. 2714 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2714. Designation of source and advertisement
-STATUTE-
(a) Designation of source and notification
When the President receives information of an incident, the
President shall, where possible and appropriate, designate the
source or sources of the discharge or threat. If a designated
source is a vessel or a facility, the President shall immediately
notify the responsible party and the guarantor, if known, of that
designation.
(b) Advertisement by responsible party or guarantor
(1) If a responsible party or guarantor fails to inform the
President, within 5 days after receiving notification of a
designation under subsection (a) of this section, of the party's or
the guarantor's denial of the designation, such party or guarantor
shall advertise the designation and the procedures by which claims
may be presented, in accordance with regulations promulgated by the
President. Advertisement under the preceding sentence shall begin
no later than 15 days after the date of the designation made under
subsection (a) of this section. If advertisement is not otherwise
made in accordance with this subsection, the President shall
promptly and at the expense of the responsible party or the
guarantor involved, advertise the designation and the procedures by
which claims may be presented to the responsible party or
guarantor. Advertisement under this subsection shall continue for a
period of no less than 30 days.
(2) An advertisement under paragraph (1) shall state that a
claimant may present a claim for interim, short-term damages
representing less than the full amount of damages to which the
claimant ultimately may be entitled and that payment of such a
claim shall not preclude recovery for damages not reflected in the
paid or settled partial claim.
(c) Advertisement by President
If -
(1) the responsible party and the guarantor both deny a
designation within 5 days after receiving notification of a
designation under subsection (a) of this section,
(2) the source of the discharge or threat was a public vessel,
or
(3) the President is unable to designate the source or sources
of the discharge or threat under subsection (a) of this section,
the President shall advertise or otherwise notify potential
claimants of the procedures by which claims may be presented to the
Fund.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1014, Aug. 18, 1990, 104 Stat. 501;
Pub. L. 104-324, title XI, Sec. 1142(c), Oct. 19, 1996, 110 Stat.
3991.)
-MISC1-
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-324 designated existing
provisions as par. (1) and added par. (2).
-TRANS-
DELEGATION OF FUNCTIONS
Functions of President under this section delegated to Secretary
of Department in which Coast Guard is operating by section 7(d)(2)
of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54768, set out as a
note under section 1321 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2713 of this title.
-End-
-CITE-
33 USC Sec. 2715 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2715. Subrogation
-STATUTE-
(a) In general
Any person, including the Fund, who pays compensation pursuant to
this Act to any claimant for removal costs or damages shall be
subrogated to all rights, claims, and causes of action that the
claimant has under any other law.
(b) Interim damages
(1) In general
If a responsible party, a guarantor, or the Fund has made
payment to a claimant for interim, short-term damages
representing less than the full amount of damages to which the
claimant ultimately may be entitled, subrogation under subsection
(a) of this section shall apply only with respect to the portion
of the claim reflected in the paid interim claim.
(2) Final damages
Payment of such a claim shall not foreclose a claimant's right
to recovery of all damages to which the claimant otherwise is
entitled under this Act or under any other law.
(c) Actions on behalf of Fund
At the request of the Secretary, the Attorney General shall
commence an action on behalf of the Fund to recover any
compensation paid by the Fund to any claimant pursuant to this Act,
and all costs incurred by the Fund by reason of the claim,
including interest (including prejudgment interest), administrative
and adjudicative costs, and attorney's fees. Such an action may be (continued)