US (United States) Code. Title 32. Chapter 40: Oil pollution

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

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-CITE-

33 USC CHAPTER 40 - OIL POLLUTION 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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.

(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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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.

-EXEC-

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 01/06/03

-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 01/06/03

-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 01/06/03

-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

commenced against any responsible party or (subject to section 2716

of this title) guarantor, or against any other person who is

liable, pursuant to any law, to the compensated claimant or to the

Fund, for the cost or damages for which the compensation was paid.

Such an action shall be commenced against the responsible foreign

government or other responsible party to recover any removal costs

or damages paid from the Fund as the result of the discharge, or

substantial threat of discharge, of oil from a foreign offshore

unit.

-SOURCE-

(Pub. L. 101-380, title I, Sec. 1015, Aug. 18, 1990, 104 Stat. 502;

Pub. L. 104-324, title XI, Sec. 1142(d), Oct. 19, 1996, 110 Stat.

3991.)

-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.

-MISC1-

AMENDMENTS

1996 - Subsecs. (b), (c). Pub. L. 104-324 added subsec. (b) and

redesignated former subsec. (b) as (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 9509.

-End-

-CITE-

33 USC Sec. 2716 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-HEAD-

Sec. 2716. Financial responsibility

-STATUTE-

(a) Requirement

The responsible party for -

(1) any vessel over 300 gross tons (except a non-self-propelled

vessel that does not carry oil as cargo or fuel) using any place

subject to the jurisdiction of the United States; or

(2) any vessel using the waters of the exclusive economic zone

to transship or lighter oil destined for a place subject to the

jurisdiction of the United States;

shall establish and maintain, in accordance with regulations

promulgated by the Secretary, evidence of financial responsibility

sufficient to meet the maximum amount of liability to which the

responsible party could be subjected under section 2704(a) or (d)

of this title, in a case where the responsible party would be

entitled to limit liability under that section. If the responsible

party owns or operates more than one vessel, evidence of financial

responsibility need be established only to meet the amount of the

maximum liability applicable to the vessel having the greatest

maximum liability.

(b) Sanctions

(1) Withholding clearance

The Secretary of the Treasury shall withhold or revoke the

clearance required by section 91 of title 46, Appendix, of any

vessel subject to this section that does not have the evidence of

financial responsibility required for the vessel under this

section.

(2) Denying entry to or detaining vessels

The Secretary may -

(A) deny entry to any vessel to any place in the United

States, or to the navigable waters, or

(B) detain at the place,

any vessel that, upon request, does not produce the evidence of

financial responsibility required for the vessel under this

section.

(3) Seizure of vessel

Any vessel subject to the requirements of this section which is

found in the navigable waters without the necessary evidence of

financial responsibility for the vessel shall be subject to

seizure by and forfeiture to the United States.

(c) Offshore facilities

(1) In general

(A) Evidence of financial responsibility required

Except as provided in paragraph (2), a responsible party with

respect to an offshore facility that -

(i)(I) is located seaward of the line of ordinary low water

along that portion of the coast that is in direct contact

with the open sea and the line marking the seaward limit of

inland waters; or

(II) is located in coastal inland waters, such as bays or

estuaries, seaward of the line of ordinary low water along

that portion of the coast that is not in direct contact with

the open sea;

(ii) is used for exploring for, drilling for, producing, or

transporting oil from facilities engaged in oil exploration,

drilling, or production; and

(iii) has a worst-case oil spill discharge potential of

more than 1,000 barrels of oil (or a lesser amount if the

President determines that the risks posed by such facility

justify it),

shall establish and maintain evidence of financial

responsibility in the amount required under subparagraph (B) or

(C), as applicable.

(B) Amount required generally

Except as provided in subparagraph (C), the amount of

financial responsibility for offshore facilities that meet the

criteria of subparagraph (A) is -

(i) $35,000,000 for an offshore facility located seaward of

the seaward boundary of a State; or

(ii) $10,000,000 for an offshore facility located landward

of the seaward boundary of a State.

(C) Greater amount

If the President determines that an amount of financial

responsibility for a responsible party greater than the amount

required by subparagraph (B) is justified based on the relative

operational, environmental, human health, and other risks posed

by the quantity or quality of oil that is explored for, drilled

for, produced, or transported by the responsible party, the

evidence of financial responsibility required shall be for an

amount determined by the President not exceeding $150,000,000.

(D) Multiple facilities

In a case in which a person is a responsible party for more

than one facility subject to this subsection, evidence of

financial responsibility need be established only to meet the

amount applicable to the facility having the greatest financial

responsibility requirement under this subsection.

(E) Definition

For the purpose of this paragraph, the seaward boundary of a

State shall be determined in accordance with section 1301(b) of

title 43.

(2) Deepwater ports

Each responsible party with respect to a deepwater port shall

establish and maintain evidence of financial responsibility

sufficient to meet the maximum amount of liability to which the

responsible party could be subjected under section 2704(a) of

this title in a case where the responsible party would be

entitled to limit liability under that section. If the Secretary

exercises the authority under section 2704(d)(2) of this title to

lower the limit of liability for deepwater ports, the responsible

party shall establish and maintain evidence of financial

responsibility sufficient to meet the maximum amount of liability

so established. In a case in which a person is the responsible

party for more than one deepwater port, evidence of financial

responsibility need be established only to meet the maximum

liability applicable to the deepwater port having the greatest

maximum liability.

(e) (!1) Methods of financial responsibility

Financial responsibility under this section may be established by

any one, or by any combination, of the following methods which the

Secretary (in the case of a vessel) or the President (in the case

of a facility) determines to be acceptable: evidence of insurance,

surety bond, guarantee, letter of credit, qualification as a

self-insurer, or other evidence of financial responsibility. Any

bond filed shall be issued by a bonding company authorized to do

business in the United States. In promulgating requirements under

this section, the Secretary or the President, as appropriate, may

specify policy or other contractual terms, conditions, or defenses

which are necessary, or which are unacceptable, in establishing

evidence of financial responsibility to effectuate the purposes of

this Act.

(f) Claims against guarantor

(1) In general

Subject to paragraph (2), a claim for which liability may be

established under section 2702 of this title may be asserted

directly against any guarantor providing evidence of financial

responsibility for a responsible party liable under that section

for removal costs and damages to which the claim pertains. In

defending against such a claim, the guarantor may invoke -

(A) all rights and defenses which would be available to the

responsible party under this Act;

(B) any defense authorized under subsection (e) of this

section; and

(C) the defense that the incident was caused by the willful

misconduct of the responsible party.

The guarantor may not invoke any other defense that might be

available in proceedings brought by the responsible party against

the guarantor.

(2) Further requirement

A claim may be asserted pursuant to paragraph (1) directly

against a guarantor providing evidence of financial

responsibility under subsection (c)(1) of this section with

respect to an offshore facility only if -

(A) the responsible party for whom evidence of financial

responsibility has been provided has denied or failed to pay a

claim under this Act on the basis of being insolvent, as

defined under section 101(32) of title 11, and applying

generally accepted accounting principles;

(B) the responsible party for whom evidence of financial

responsibility has been provided has filed a petition for

bankruptcy under title 11; or

(C) the claim is asserted by the United States for removal

costs and damages or for compensation paid by the Fund under

this Act, including costs incurred by the Fund for processing

compensation claims.

(3) Rulemaking authority

Not later than 1 year after October 19, 1996, the President

shall promulgate regulations to establish a process for

implementing paragraph (2) in a manner that will allow for the

orderly and expeditious presentation and resolution of claims and

effectuate the purposes of this Act.

(g) Limitation on guarantor's liability

Nothing in this Act shall impose liability with respect to an

incident on any guarantor for damages or removal costs which

exceed, in the aggregate, the amount of financial responsibility

which that guarantor has provided for a responsible party pursuant

to this section. The total liability of the guarantor on direct

action for claims brought under this Act with respect to an

incident shall be limited to that amount.

(h) Continuation of regulations

Any regulation relating to financial responsibility, which has

been issued pursuant to any provision of law repealed or superseded

by this Act, and which is in effect on the date immediately

preceding the effective date of this Act, is deemed and shall be

construed to be a regulation issued pursuant to this section. Such

a regulation shall remain in full force and effect unless and until

superseded by a new regulation issued under this section.

(i) Unified certificate

The Secretary may issue a single unified certificate of financial

responsibility for purposes of this Act and any other law.

-SOURCE-

(Pub. L. 101-380, title I, Sec. 1016, Aug. 18, 1990, 104 Stat. 502;

Pub. L. 104-55, Sec. 2(d)(2), Nov. 20, 1995, 109 Stat. 547; Pub. L.

104-324, title XI, Sec. 1125(a), Oct. 19, 1996, 110 Stat. 3981.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (e), (f), (g), (h), and (i), is

Pub. L. 101-380, Aug. 18, 1990, 104 Stat. 484, as amended, known as

the Oil Pollution Act of 1990, which is classified principally to

this chapter. For complete classification of this Act to the Code,

see Short Title note set out under section 2701 of this title and

Tables.

The effective date of this Act, referred to in subsec. (h), is

the effective date of Pub. L. 101-380 which is applicable to

incidents occurring after Aug. 18, 1990, see section 1020 of Pub.

L. 101-380, set out as an Effective Date note under section 2701 of

this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(1). Pub. L. 104-324, Sec. 1125(a)(1),

reenacted heading without change and amended text generally. Prior

to amendment, text read as follows: "Except as provided in

paragraph (2), each responsible party with respect to an offshore

facility shall establish and maintain evidence of financial

responsibility of $150,000,000 to meet the amount of liability to

which the responsible party could be subjected under section

2704(a) of this title in a case in which the responsible party

would be entitled to limit liability under that section. In a case

in which a person is the responsible party for more than one

facility subject to this subsection, evidence of financial

responsibility need be established only to meet the maximum

liability applicable to the facility having the greatest maximum

liability."

Subsec. (f). Pub. L. 104-324, Sec. 1125(a)(2), reenacted heading

without change and amended text generally. Prior to amendment, text

read as follows: "Any claim for which liability may be established

under section 2702 of this title may be asserted directly against

any guarantor providing evidence of financial responsibility for a

responsible party liable under that section for removal costs and

damages to which the claim pertains. In defending against such a

claim, the guarantor may invoke (1) all rights and defenses which

would be available to the responsible party under this Act, (2) any

defense authorized under subsection (e) of this section, and (3)

the defense that the incident was caused by the willful misconduct

of the responsible party. The guarantor may not invoke any other

defense that might be available in proceedings brought by the

responsible party against the guarantor."

Subsec. (g). Pub. L. 104-324, Sec. 1125(a)(3), reenacted heading

without change and amended text generally. Prior to amendment, text

read as follows: "Nothing in this Act shall impose liability with

respect to an incident on any guarantor for damages or removal

costs which exceed, in the aggregate, the amount of financial

responsibility required under this Act which that guarantor has

provided for a responsible party."

1995 - Subsec. (a). Pub. L. 104-55 substituted "the responsible

party could be subjected under section 2704(a) or (d) of this

title" for ", in the case of a tank vessel, the responsible party

could be subject under section 2704(a)(1) or (d) of this title, or

to which, in the case of any other vessel, the responsible party

could be subjected under section 2704(a)(2) or (d) of this title".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1125(b) of Pub. L. 104-324 provided that: "The amendment

made by subsection (a)(2) [amending this section] shall not apply

to any final rule issued before the date of enactment of this

section [Oct. 19, 1996]."

-TRANS-

DELEGATION OF FUNCTIONS

Specific functions of President under subsec. (e) of this section

delegated to Secretary of the Interior and Secretary of the

Department in which the Coast Guard is operating by section 5(a) of

Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54764, as amended, 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 1503, 2705, 2715, 2716a,

2719 of this title; title 46 section 3715.

-FOOTNOTE-

(!1) So in original. No subsec. (d) has been enacted.

-End-

-CITE-

33 USC Sec. 2716a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-HEAD-

Sec. 2716a. Financial responsibility civil penalties

-STATUTE-

(a) Administrative

Any person who, after notice and an opportunity for a hearing, is

found to have failed to comply with the requirements of section

2716 of this title or the regulations issued under that section, or

with a denial or detention order issued under subsection (c)(2) of

that section, shall be liable to the United States for a civil

penalty, not to exceed $25,000 per day of violation. The amount of

the civil penalty shall be assessed by the President by written

notice. In determining the amount of the penalty, the President

shall take into account the nature, circumstances, extent, and

gravity of the violation, the degree of culpability, any history of

prior violation, ability to pay, and such other matters as justice

may require. The President may compromise, modify, or remit, with

or without conditions, any civil penalty which is subject to

imposition or which had been imposed under this paragraph. If any

person fails to pay an assessed civil penalty after it has become

final, the President may refer the matter to the Attorney General

for collection.

(b) Judicial

In addition to, or in lieu of, assessing a penalty under

subsection (a) of this section, the President may request the

Attorney General to secure such relief as necessary to compel

compliance with this (!1) section 2716 of this title, including a

judicial order terminating operations. The district courts of the

United States shall have jurisdiction to grant any relief as the

public interest and the equities of the case may require.

-SOURCE-

(Pub. L. 101-380, title IV, Sec. 4303, Aug. 18, 1990, 104 Stat.

539.)

-COD-

CODIFICATION

Section was not enacted as part of title I of Pub. L. 101-380

which comprises this subchapter.

-TRANS-

DELEGATION OF FUNCTIONS

Specific functions of President under this section delegated to

Secretary of Department in which Coast Guard is operating and

Secretary of the Interior by section 5(b) of Ex. Ord. No. 12777,

Oct. 18, 1991, 56 F.R. 54765, as amended, set out as a note under

section 1321 of this title.

-FOOTNOTE-

(!1) So in original. The word "this" probably should not appear.

-End-

-CITE-

33 USC Sec. 2717 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-HEAD-

Sec. 2717. Litigation, jurisdiction, and venue

-STATUTE-

(a) Review of regulations

Review of any regulation promulgated under this Act may be had

upon application by any interested person only in the Circuit Court

of Appeals of the United States for the District of Columbia. Any

such application shall be made within 90 days from the date of

promulgation of such regulations. Any matter with respect to which

review could have been obtained under this subsection shall not be

subject to judicial review in any civil or criminal proceeding for

enforcement or to obtain damages or recovery of response costs.

(b) Jurisdiction

Except as provided in subsections (a) and (c) of this section,

the United States district courts shall have exclusive original

jurisdiction over all controversies arising under this Act, without

regard to the citizenship of the parties or the amount in

controversy. Venue shall lie in any district in which the discharge

or injury or damages occurred, or in which the defendant resides,

may be found, has its principal office, or has appointed an agent

for service of process. For the purposes of this section, the Fund

shall reside in the District of Columbia.

(c) State court jurisdiction

A State trial court of competent jurisdiction over claims for

removal costs or damages, as defined under this Act, may consider

claims under this Act or State law and any final judgment of such

court (when no longer subject to ordinary forms of review) shall be

recognized, valid, and enforceable for all purposes of this Act.

(d) Assessment and collection of tax

The provisions of subsections (a), (b), and (c) of this section

shall not apply to any controversy or other matter resulting from

the assessment or collection of any tax, or to the review of any

regulation promulgated under title 26.

(e) Savings provision

Nothing in this subchapter shall apply to any cause of action or

right of recovery arising from any incident which occurred prior to

August 18, 1990. Such claims shall be adjudicated pursuant to the

law applicable on the date of the incident.

(f) Period of limitations

(1) Damages

Except as provided in paragraphs (3) and (4), an action for

damages under this Act shall be barred unless the action is

brought within 3 years after -

(A) the date on which the loss and the connection of the loss

with the discharge in question are reasonably discoverable with

the exercise of due care, or

(B) in the case of natural resource damages under section

2702(b)(2)(A) of this title, the date of completion of the

natural resources damage assessment under section 2706(c) of

this title.

(2) Removal costs

An action for recovery of removal costs referred to in section

2702(b)(1) of this title must be commenced within 3 years after

completion of the removal action. In any such action described in

this subsection, the court shall enter a declaratory judgment on

liability for removal costs or damages that will be binding on

any subsequent action or actions to recover further removal costs

or damages. Except as otherwise provided in this paragraph, an

action may be commenced under this subchapter for recovery of

removal costs at any time after such costs have been incurred.

(3) Contribution

No action for contribution for any removal costs or damages may

be commenced more than 3 years after -

(A) the date of judgment in any action under this Act for

recovery of such costs or damages, or

(B) the date of entry of a judicially approved settlement

with respect to such costs or damages.

(4) Subrogation

No action based on rights subrogated pursuant to this Act by

reason of payment of a claim may be commenced under this Act more

than 3 years after the date of payment of such claim.

(5) Commencement

The time limitations contained herein shall not begin to run -

(A) against a minor until the earlier of the date when such

minor reaches 18 years of age or the date on which a legal

representative is duly appointed for such minor, or

(B) against an incompetent person until the earlier of the

date on which such incompetent's incompetency ends or the date

on which a legal representative is duly appointed for such

incompetent.

-SOURCE-

(Pub. L. 101-380, title I, Sec. 1017, Aug. 18, 1990, 104 Stat.

504.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a), (b), (c), and (f), is Pub.

L. 101-380, Aug. 18, 1990, 104 Stat. 484, as amended, known as the

Oil Pollution Act of 1990, which is classified principally to this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 2701 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2709 of this title.

-End-

-CITE-

33 USC Sec. 2718 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-HEAD-

Sec. 2718. Relationship to other law

-STATUTE-

(a) Preservation of State authorities; Solid Waste Disposal Act

Nothing in this Act or the Act of March 3, 1851 shall -

(1) affect, or be construed or interpreted as preempting, the

authority of any State or political subdivision thereof from

imposing any additional liability or requirements with respect to

-

(A) the discharge of oil or other pollution by oil within

such State; or

(B) any removal activities in connection with such a

discharge; or

(2) affect, or be construed or interpreted to affect or modify

in any way the obligations or liabilities of any person under the

Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law,

including common law.

(b) Preservation of State funds

Nothing in this Act or in section 9509 of title 26 shall in any

way affect, or be construed to affect, the authority of any State -

(1) to establish, or to continue in effect, a fund any purpose

of which is to pay for costs or damages arising out of, or

directly resulting from, oil pollution or the substantial threat

of oil pollution; or

(2) to require any person to contribute to such a fund.

(c) Additional requirements and liabilities; penalties

Nothing in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et

seq.), or section 9509 of title 26, shall in any way affect, or be

construed to affect, the authority of the United States or any

State or political subdivision thereof -

(1) to impose additional liability or additional requirements;

or

(2) to impose, or to determine the amount of, any fine or

penalty (whether criminal or civil in nature) for any violation

of law;

relating to the discharge, or substantial threat of a discharge, of

oil.

(d) Federal employee liability

For purposes of section 2679(b)(2)(B) of title 28, nothing in

this Act shall be construed to authorize or create a cause of

action against a Federal officer or employee in the officer's or

employee's personal or individual capacity for any act or omission

while acting within the scope of the officer's or employee's office

or employment.

-SOURCE-

(Pub. L. 101-380, title I, Sec. 1018, Aug. 18, 1990, 104 Stat.

505.)

-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.

Act of March 3, 1851, referred to in subsecs. (a) and (c), is act

Mar. 3, 1851, ch. 43, 9 Stat. 635, which was incorporated into the

Revised Statutes as R.S. Secs. 4282, 4283, 4284 to 4287 and 4289,

and is classified to sections 182, 183, and 184 to 188 of Title 46,

Appendix, Shipping.

The Solid Waste Disposal Act, referred to in subsec. (a)(2), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 6901 of Title 42 and Tables.

-MISC1-

REPORT ON VESSEL SAFETY AND ABILITY TO MEET LEGAL OBLIGATIONS

Pub. L. 102-241, Sec. 32, Dec. 19, 1991, 105 Stat. 2222, provided

that: "Not later than one year after the date of enactment of this

Act [Dec. 19, 1991], the Secretary of Transportation shall report

to Congress on the effect of section 1018 of the Oil Pollution Act

of 1990 (Public Law 101-380; 104 Stat. 484) [33 U.S.C. 2718] on the

safety of vessels being used to transport oil and the capability of

owners and operators to meet their legal obligations in the event

of an oil spill."

-End-

-CITE-

33 USC Sec. 2719 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-HEAD-

Sec. 2719. State financial responsibility

-STATUTE-

A State may enforce, on the navigable waters of the State, the

requirements for evidence of financial responsibility under section

2716 of this title.

-SOURCE-

(Pub. L. 101-380, title I, Sec. 1019, Aug. 18, 1990, 104 Stat.

506.)

-End-

-CITE-

33 USC Sec. 2720 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION

-HEAD-

Sec. 2720. Differentiation among fats, oils, and greases

-STATUTE-

(a) In general

Except as provided in subsection (c) of this section, in issuing

or enforcing any regulation or establishing any interpretation or

guideline relating to the transportation, storage, discharge,

release, emission, or disposal of a fat, oil, or grease under any

Federal law, the head of that Federal agency shall -

(1) differentiate between and establish separate classes for -

(A) animal fats and oils and greases, and fish and marine

mammal oils, within the meaning of paragraph (2) of section

61(a) of title 13, and oils of vegetable origin, including oils

from the seeds, nuts, and kernels referred to in paragraph

(1)(A) of that section; and

(B) other oils and greases, including petroleum; and

(2) apply standards to different classes of fats and oils based

on considerations in subsection (b) of this section.

(b) Considerations

In differentiating between the class of fats, oils, and greases

described in subsection (a)(1)(A) of this section and the class of

oils and greases described in subsection (a)(1)(B) of this section,

the head of the Federal agency shall consider differences in the

physical, chemical, biological, and other properties, and in the

environmental effects, of the classes.

(c) Exception

The requirements of this Act shall not apply to the Food and Drug

Administration and the Food Safety and Inspection Service.

-SOURCE-

(Pub. L. 104-55, Sec. 2, Nov. 20, 1995, 109 Stat. 546.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c), is Pub. L. 104-55, Nov. 20,

1995, 109 Stat. 546, which enacted this section and amended

sections 2704 and 2716 of this title. For complete classification

of this Act to the Code, see Short Title of 1995 Amendment note set

out under section 2701 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Edible Oil Regulatory Reform

Act, and not as part of title I of the Oil Pollution Act of 1990

which comprises this subchapter.

Section is comprised of section 2 of Pub. L. 104-55. Subsec. (d)

of section 2 of Pub. L. 104-55 amended sections 2704 and 2716 of

this title.

-MISC1-

REGULATIONS

Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 343], Oct.

21, 1998, 112 Stat. 2681-439, 2681-473, provided that:

"(a) None of the funds made available by this Act or subsequent

Acts may be used by the Coast Guard to issue, implement, or enforce

a regulation or to establish an interpretation or guideline under

the Edible Oil Regulatory Reform Act (Public Law 104-55) [see Short

Title of 1995 Amendment note set out under section 2701 of this

title], or the amendments made by that Act, that does not recognize

and provide for, with respect to fats, oils, and greases (as

described in that Act, or the amendments made by that Act)

differences in -

"(1) physical, chemical, biological and other relevant

properties; and

"(2) environmental effects.

"(b) Not later than March 31, 1999, the Secretary of

Transportation shall issue regulations amending 33 CFR 154 to

comply with the requirements of Public Law 104-55."

[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.]

Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2499,

provided that: "Not later than March 31, 1999, the Administrator of

the Environmental Protection Agency shall issue regulations

amending 40 C.F.R. 112 to comply with the requirements of the

Edible Oil Regulatory Reform Act (Public Law 104-55) [see Short

Title of 1995 Amendment note set out under section 2701 of this

title]. Such regulations shall differentiate between and establish

separate classes for animal fats and oils and greases, and fish and

marine mammal oils (as described in that Act), and other oils and

greases, and shall apply standards to such different classes of

fats and oils based on differences in the physical, chemical,

biological, and other properties, and in the environmental effects,

of the classes. None of the funds made available by this Act or in

subsequent Acts may be used by the Environmental Protection Agency

to issue or to establish an interpretation or guidance relating to

fats, oils, and greases (as described in Public Law 104-55) that

does not comply with the requirements of the Edible Oil Regulatory

Reform Act."

SENSE OF CONGRESS ON IMPLEMENTATION OF REGULATIONS REGARDING ANIMAL

FATS AND VEGETABLE OILS

Pub. L. 104-324, title XI, Sec. 1130, Oct. 19, 1996, 110 Stat.

3985, provided that:

"(a) Sense of Congress. - It is the sense of Congress that, in an

effort to reduce unnecessary regulatory burdens, a regulation

issued or enforced and an interpretation or guideline established

pursuant to Public Law 104-55 [see Short Title of 1995 Amendment

note set out under section 2701 of this title] should in any manner

possible recognize and provide for the differences in the physical,

chemical, biological, and other properties, and in the

environmental effects, of the classes of fats, oils, and greases

described under that law.

"(b) Report. - Within 60 days after the date of enactment of this

section [Oct. 19, 1996] and on January 1 of each year thereafter,

the Secretary of Transportation shall submit a report to Congress

on the extent to which the implementation by the United States

Coast Guard of regulations issued or enforced, or interpretations

or guidelines established, pursuant to Public Law 104-55, carry out

the intent of Congress and recognize and provide for the

differences in the physical, chemical, biological, and other

properties, and in the environmental effects, of the classes of

fats, oils, and greases described under that law."

[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 2704 of this title.

-End-

-CITE-

33 USC SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS

-HEAD-

SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS

-End-

-CITE-

33 USC Sec. 2731 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS

-HEAD-

Sec. 2731. Oil Spill Recovery Institute

-STATUTE-

(a) Establishment of Institute

The Secretary of Commerce shall provide for the establishment of

a Prince William Sound Oil Spill Recovery Institute (hereinafter in

this section referred to as the "Institute") through the Prince

William Sound Science and Technology Institute located in Cordova,

Alaska.

(b) Functions

The Institute shall conduct research and carry out educational

and demonstration projects designed to -

(1) identify and develop the best available techniques,

equipment, and materials for dealing with oil spills in the

arctic and subarctic marine environment; and

(2) complement Federal and State damage assessment efforts and

determine, document, assess, and understand the long-range

effects of Arctic or Subarctic oil spills on the natural

resources of Prince William Sound and its adjacent waters (as

generally depicted on the map entitled "EXXON VALDEZ oil spill

dated March 1990"), and the environment, the economy, and the

lifestyle and well-being of the people who are dependent on them,

except that the Institute shall not conduct studies or make

recommendations on any matter which is not directly related to

Arctic or Subarctic oil spills or the effects thereof.

(c) Advisory board

(1) In general

The policies of the Institute shall be determined by an

advisory board, composed of 16 members appointed as follows:

(A) One representative appointed by each of the Commissioners

of Fish and Game, Environmental Conservation, and Natural

Resources of the State of Alaska, all of whom shall be State

employees.

(B) One representative appointed by each of the Secretaries

of Commerce, the Interior, and Transportation, who shall be

Federal employees.

(C) Two representatives from the fishing industry appointed

by the Governor of the State of Alaska from among residents of

communities in Alaska that were affected by the EXXON VALDEZ

oil spill, who shall serve terms of 2 years each. Interested

organizations from within the fishing industry may submit the

names of qualified individuals for consideration by the

Governor.

(D) Two Alaska Natives who represent Native entities affected

by the EXXON VALDEZ oil spill, at least one of whom represents

an entity located in Prince William Sound, appointed by the

Governor of Alaska from a list of 4 qualified individuals

submitted by the Alaska Federation of Natives, who shall serve

terms of 2 years each.

(E) Two representatives from the oil and gas industry to be

appointed by the Governor of the State of Alaska who shall

serve terms of 2 years each. Interested organizations from

within the oil and gas industry may submit the names of

qualified individuals for consideration by the Governor.

(F) Two at-large representatives from among residents of

communities in Alaska that were affected by the EXXON VALDEZ

oil spill who are knowledgeable about the marine environment

and wildlife within Prince William Sound, and who shall serve

terms of 2 years each, appointed by the remaining members of

the Advisory Board. Interested parties may submit the names of

qualified individuals for consideration by the Advisory Board.

(G) One nonvoting representative of the Institute of Marine

Science.

(H) One nonvoting representative appointed by the Prince

William Sound Science and Technology Institute.

(2) Chairman

The representative of the Secretary of Commerce shall serve as

Chairman of the Advisory Board.

(3) Policies

Policies determined by the Advisory Board under this subsection

shall include policies for the conduct and support, through

contracts and grants awarded on a nationally competitive basis,

of research, projects, and studies to be supported by the

Institute in accordance with the purposes of this section.

(4) Scientific review

The Advisory Board may request a scientific review of the

research program every five years by the National Academy of

Sciences which shall perform the review, if requested, as part of

its responsibilities under section 2761(b)(2) of this title.

(d) Scientific and technical committee

(1) In general

The Advisory Board shall establish a scientific and technical

committee, composed of specialists in matters relating to oil

spill containment and cleanup technology, arctic and subarctic

marine ecology, and the living resources and socioeconomics of

Prince William Sound and its adjacent waters, from the University

of Alaska, the Institute of Marine Science, the Prince William

Sound Science and Technology Institute, and elsewhere in the

academic community.

(2) Functions

The Scientific and Technical Committee shall provide such

advice to the Advisory Board as the Advisory Board shall request,

including recommendations regarding the conduct and support of

research, projects, and studies in accordance with the purposes

of this section. The Advisory Board shall not request, and the

Committee shall not provide, any advice which is not directly

related to Arctic or Subarctic oil spills or the effects thereof.

(e) Director

The Institute shall be administered by a Director appointed by

the Advisory Board. The Prince William Sound Science and Technology

Institute and the Scientific and Technical Committee may each

submit independent recommendations for the Advisory Board's

consideration for appointment as Director. The Director may hire

such staff and incur such expenses on behalf of the Institute as

are authorized by the Advisory Board.

(f) Evaluation

The Secretary of Commerce may conduct an ongoing evaluation of

the activities of the Institute to ensure that funds received by

the Institute are used in a manner consistent with this section.

(g) Audit

The Comptroller General of the United States, and any of his or

her duly authorized representatives, shall have access, for

purposes of audit and examination, to any books, documents, papers,

and records of the Institute and its administering agency that are

pertinent to the funds received and expended by the Institute and

its administering agency.

(h) Status of employees

Employees of the Institute shall not, by reason of such

employment, be considered to be employees of the Federal Government

for any purpose.

(i) Termination

The authorization in section 2736(b) of this title providing

funding for the Institute shall terminate September 30, 2012.

(j) Use of funds

No funds made available to carry out this section may be used to

initiate litigation. No funds made available to carry out this

section may be used for the acquisition of real property (including

buildings) or construction of any building. No more than 20 percent

of funds made available to carry out this section may be used to

lease necessary facilities and to administer the Institute. The

Advisory Board may compensate its Federal representatives for their

reasonable travel costs. None of the funds authorized by this

section shall be used for any purpose other than the functions

specified in subsection (b) of this section.

(k) Research

The Institute shall publish and make available to any person upon

request the results of all research, educational, and demonstration

projects conducted by the Institute. The Administrator shall

provide a copy of all research, educational, and demonstration

projects conducted by the Institute to the National Oceanic and

Atmospheric Administration.

(g742l) "Prince William Sound and its adjacent waters" defined

In this section, the term "Prince William Sound and its adjacent

waters" means such sound and waters as generally depicted on the

map entitled "EXXON VALDEZ oil spill dated March 1990".

-SOURCE-

(Pub. L. 101-380, title V, Sec. 5001, Aug. 18, 1990, 104 Stat. 542;

Pub. L. 104-324, title XI, Sec. 1102(a), Oct. 19, 1996, 110 Stat.

3964; Pub. L. 107-295, title IV, Sec. 427, Nov. 25, 2002, 116 Stat.

2127.)

-MISC1-

AMENDMENTS

2002 - Subsec. (i). Pub. L. 107-295 substituted "September 30,

2012" for "10 years after October 19, 1996".

1996 - Subsec. (a). Pub. L. 104-324, Sec. 1102(a)(1), (2), struck

out "to be administered by the Secretary of Commerce" after "as the

'Institute')" and substituted "located" for "and located".

Subsec. (b)(2). Pub. L. 104-324, Sec. 1102(a)(3), substituted

"Arctic or Subarctic oil spills" for "the EXXON VALDEZ oil spill"

in two places.

Subsec. (c)(1). Pub. L. 104-324, Sec. 1102(a)(4), substituted

"16" for "18" in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 104-324, Sec. 1102(a)(5), substituted

", and Natural Resources" for ", Natural Resources, and Commerce

and Economic Development".

Subsec. (c)(1)(B). Pub. L. 104-324, Sec. 1102(a)(6), (8), added

subpar. (B) and struck out former subpar. (B) which read as

follows: "One representative appointed by each of -

"(i) the Secretaries of Commerce, the Interior, Agriculture,

Transportation, and the Navy; and

"(ii) the Administrator of the Environmental Protection Agency;

all of whom shall be Federal employees."

Subsec. (c)(1)(C). Pub. L. 104-324, Sec. 1102(a)(6), (8), added

subpar. (C) and struck out former subpar. (C) which read as

follows: "4 representatives appointed by the Secretary of Commerce

from among residents of communities in Alaska that were affected by

the EXXON VALDEZ oil spill who are knowledgeable about fisheries,

other local industries, the marine environment, wildlife, public

health, safety, or education. At least 2 of the representatives

shall be appointed from among residents of communities located in

Prince William Sound. The Secretary shall appoint residents to

serve terms of 2 years each, from a list of 8 qualified individuals

to be submitted by the Governor of the State of Alaska based on

recommendations made by the governing body of each affected

community. Each affected community may submit the names of 2

qualified individuals for the Governor's consideration. No more

than 5 of the 8 qualified persons recommended by the Governor shall

be members of the same political party."

Subsec. (c)(1)(D). Pub. L. 104-324, Sec. 1102(a)(6), (8), added

subpar. (D) and struck out former subpar. (D) which read as

follows: "3 Alaska Natives who represent Native entities affected

by the EXXON VALDEZ oil spill, at least one of whom represents an

entity located in Prince William Sound, to serve terms of 2 years

each from a list of 6 qualified individuals submitted by the Alaska

Federation of Natives."

Subsec. (c)(1)(E) to (H). Pub. L. 104-324, Sec. 1102(a)(7), (8),

added subpars. (E) and (F) and redesignated former subpars. (E) and

(F) as (G) and (H), respectively.

Subsec. (c)(4). Pub. L. 104-324, Sec. 1102(a)(9), added par. (4).

Subsec. (d)(2). Pub. L. 104-324, Sec. 1102(a)(10), substituted

"Arctic or Subarctic oil spills" for "the EXXON VALDEZ oil spill".

Subsec. (e). Pub. L. 104-324, Sec. 1102(a)(11)-(13), substituted

"appointed by the Advisory Board" for "appointed by the Secretary

of Commerce", struck out ", the Advisory Board," after "Technology

Institute", and substituted "Advisory Board's" for "Secretary's".

Subsec. (i). Pub. L. 104-324, Sec. 1102(a)(14), (15), inserted

"authorization in section 2736(b) of this title providing funding

for the" after "The" and substituted "October 19, 1996" for "August

18, 1990".

Subsec. (j). Pub. L. 104-324, Sec. 1102(a)(16), (17), struck out

first sentence which read as follows: "All funds authorized for the

Institute shall be provided through the National Oceanic and

Atmospheric Administration.", and inserted "The Advisory Board may

compensate its Federal representatives for their reasonable travel

costs." after "Institute."

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by Congress, its duration is otherwise provided for by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2736, 2761 of this title.

-End-

-CITE-

33 USC Sec. 2732 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS

-HEAD-

Sec. 2732. Terminal and tanker oversight and monitoring

-STATUTE-

(a) Short title and findings

(1) Short title

This section may be cited as the "Oil Terminal and Oil Tanker

Environmental Oversight and Monitoring Act of 1990".

(2) Findings

The Congress finds that -

(A) the March 24, 1989, grounding and rupture of the fully

loaded oil tanker, the EXXON VALDEZ, spilled 11 million gallons

of crude oil in Prince William Sound, an environmentally

sensitive area;

(B) many people believe that complacency on the part of the

industry and government personnel responsible for monitoring

the operation of the Valdez terminal and vessel traffic in

Prince William Sound was one of the contributing factors to the

EXXON VALDEZ oil spill;

(C) one way to combat this complacency is to involve local

citizens in the process of preparing, adopting, and revising

oil spill contingency plans;

(D) a mechanism should be established which fosters the

long-term partnership of industry, government, and local

communities in overseeing compliance with environmental

concerns in the operation of crude oil terminals;

(E) such a mechanism presently exists at the Sullom Voe

terminal in the Shetland Islands and this terminal should serve

as a model for others;

(F) because of the effective partnership that has developed

at Sullom Voe, Sullom Voe is considered the safest terminal in

Europe;

(G) the present system of regulation and oversight of crude

oil terminals in the United States has degenerated into a

process of continual mistrust and confrontation;

(H) only when local citizens are involved in the process will

the trust develop that is necessary to change the present

system from confrontation to consensus;

(I) a pilot program patterned after Sullom Voe should be

established in Alaska to further refine the concepts and

relationships involved; and

(J) similar programs should eventually be established in

other major crude oil terminals in the United States because

the recent oil spills in Texas, Delaware, and Rhode Island

indicate that the safe transportation of crude oil is a

national problem.

(b) Demonstration programs

(1) Establishment

There are established 2 Oil Terminal and Oil Tanker

Environmental Oversight and Monitoring Demonstration Programs

(hereinafter referred to as "Programs") to be carried out in the

State of Alaska.

(2) Advisory function

The function of these Programs shall be advisory only.

(3) Purpose

The Prince William Sound Program shall be responsible for

environmental monitoring of the terminal facilities in Prince

William Sound and the crude oil tankers operating in Prince

William Sound. The Cook Inlet Program shall be responsible for

environmental monitoring of the terminal facilities and crude oil

tankers operating in Cook Inlet located South of the latitude at

Point Possession and North of the latitude at Amatuli Island,

including offshore facilities in Cook Inlet.

(4) Suits barred

No program, association, council, committee or other

organization created by this section may sue any person or

entity, public or private, concerning any matter arising under

this section except for the performance of contracts.

(c) Oil Terminal Facilities and Oil Tanker Operations Association

(1) Establishment

There is established an Oil Terminal Facilities and Oil Tanker

Operations Association (hereinafter in this section referred to

as the "Association") for each of the Programs established under

subsection (b) of this section.

(2) Membership

Each Association shall be comprised of 4 individuals as

follows:

(A) One individual shall be designated by the owners and

operators of the terminal facilities and shall represent those

owners and operators.

(B) One individual shall be designated by the owners and

operators of the crude oil tankers calling at the terminal

facilities and shall represent those owners and operators.

(C) One individual shall be an employee of the State of

Alaska, shall be designated by the Governor of the State of

Alaska, and shall represent the State government.

(D) One individual shall be an employee of the Federal

Government, shall be designated by the President, and shall

represent the Federal Government.

(3) Responsibilities

Each Association shall be responsible for reviewing policies

relating to the operation and maintenance of the oil terminal

facilities and crude oil tankers which affect or may affect the

environment in the vicinity of their respective terminals. Each

Association shall provide a forum among the owners and operators

of the terminal facilities, the owners and operators of crude oil

tankers calling at those facilities, the United States, and the

State of Alaska to discuss and to make recommendations concerning

all permits, plans, and site-specific regulations governing the

activities and actions of the terminal facilities which affect or

may affect the environment in the vicinity of the terminal

facilities and of crude oil tankers calling at those facilities.

(4) Designation of existing organization

The Secretary may designate an existing nonprofit organization

as an Association under this subsection if the organization is

organized to meet the purposes of this section and consists of at

least the individuals listed in paragraph (2).

(d) Regional Citizens' Advisory Councils

(1) Membership

There is established a Regional Citizens' Advisory Council

(hereinafter in this section referred to as the "Council") for

each of the programs established by subsection (b) of this

section.

(2) Membership

Each Council shall be composed of voting members and nonvoting

members, as follows:

(A) Voting members

Voting members shall be Alaska residents and, except as

provided in clause (vii) of this paragraph, shall be appointed

by the Governor of the State of Alaska from a list of nominees

provided by each of the following interests, with one

representative appointed to represent each of the following

interests, taking into consideration the need for regional

balance on the Council:

(i) Local commercial fishing industry organizations, the

members of which depend on the fisheries resources of the

waters in the vicinity of the terminal facilities.

(ii) Aquaculture associations in the vicinity of the

terminal facilities.

(iii) Alaska Native Corporations and other Alaska Native

organizations the members of which reside in the vicinity of

the terminal facilities.

(iv) Environmental organizations the members of which

reside in the vicinity of the terminal facilities.

(v) Recreational organizations the members of which reside

in or use the vicinity of the terminal facilities.

(vi) The Alaska State Chamber of Commerce, to represent the

locally based tourist industry.

(vii)(I) For the Prince William Sound Terminal Facilities

Council, one representative selected by each of the following

municipalities: Cordova, Whittier, Seward, Valdez, Kodiak,

the Kodiak Island Borough, and the Kenai Peninsula Borough.

(II) For the Cook Inlet Terminal Facilities Council, one

representative selected by each of the following

municipalities: Homer, Seldovia, Anchorage, Kenai, Kodiak,

the Kodiak Island Borough, and the Kenai Peninsula Borough.

(B) Nonvoting members

One ex-officio, nonvoting representative shall be designated

by, and represent, each of the following:

(i) The Environmental Protection Agency.

(ii) The Coast Guard.

(iii) The National Oceanic and Atmospheric Administration.

(iv) The United States Forest Service.

(v) The Bureau of Land Management.

(vi) The Alaska Department of Environmental Conservation.

(vii) The Alaska Department of Fish and Game.

(viii) The Alaska Department of Natural Resources.

(ix) The Division of Emergency Services, Alaska Department

of Military and Veterans Affairs.

(3) Terms

(A) Duration of Councils

The term of the Councils shall continue throughout the life

of the operation of the Trans-Alaska Pipeline System and so

long as oil is transported to or from Cook Inlet.

(B) Three years

The voting members of each Council shall be appointed for a

term of 3 years except as provided for in subparagraph (C).

(C) Initial appointments

The terms of the first appointments shall be as follows:

(i) For the appointments by the Governor of the State of

Alaska, one-third shall serve for 3 years, one-third shall

serve for 2 years, and one-third shall serve for one year.

(ii) For the representatives of municipalities required by

subsection (d)(2)(A)(vii) of this section, a drawing of lots

among the appointees shall determine that one-third of that

group serves for 3 years, one-third serves for 2 years, and

the remainder serves for 1 year.

(4) Self-governing

Each Council shall elect its own chairperson, select its own

staff, and make policies with regard to its internal operating

procedures. After the initial organizational meeting called by

the Secretary under subsection (i) of this section, each Council

shall be self-governing.

(5) Dual membership and conflicts of interest prohibited

(A) No individual selected as a member of the Council shall

serve on the Association.

(B) No individual selected as a voting member of the Council

shall be engaged in any activity which might conflict with such

individual carrying out his functions as a member thereof.

(6) Duties

Each Council shall -

(A) provide advice and recommendations to the Association on

policies, permits, and site-specific regulations relating to

the operation and maintenance of terminal facilities and crude

oil tankers which affect or may affect the environment in the

vicinity of the terminal facilities;

(B) monitor through the committee established under

subsection (e) of this section, the environmental impacts of

the operation of the terminal facilities and crude oil tankers;

(C) monitor those aspects of terminal facilities' and crude

oil tankers' operations and maintenance which affect or may

affect the environment in the vicinity of the terminal

facilities;

(D) review through the committee established under subsection

(f) of this section, the adequacy of oil spill prevention and

contingency plans for the terminal facilities and the adequacy

of oil spill prevention and contingency plans for crude oil

tankers, operating in Prince William Sound or in Cook Inlet;

(E) provide advice and recommendations to the Association on

port operations, policies and practices;

(F) recommend to the Association -

(i) standards and stipulations for permits and

site-specific regulations intended to minimize the impact of

the terminal facilities' and crude oil tankers' operations in

the vicinity of the terminal facilities;

(ii) modifications of terminal facility operations and

maintenance intended to minimize the risk and mitigate the

impact of terminal facilities, operations in the vicinity of

the terminal facilities and to minimize the risk of oil

spills;

(iii) modifications of crude oil tanker operations and

maintenance in Prince William Sound and Cook Inlet intended

to minimize the risk and mitigate the impact of oil spills;

and

(iv) modifications to the oil spill prevention and

contingency plans for terminal facilities and for crude oil

tankers in Prince William Sound and Cook Inlet intended to

enhance the ability to prevent and respond to an oil spill;

and

(G) create additional committees of the Council as necessary

to carry out the above functions, including a scientific and

technical advisory committee to the Prince William Sound

Council.

(7) No estoppel

No Council shall be held liable under State or Federal law for

costs or damages as a result of rendering advice under this

section. Nor shall any advice given by a voting member of a

Council, or program representative or agent, be grounds for

estopping the interests represented by the voting Council members

from seeking damages or other appropriate relief.

(8) Scientific work

In carrying out its research, development and monitoring

functions, each Council is authorized to conduct its own

scientific research and shall review the scientific work

undertaken by or on behalf of the terminal operators or crude oil

tanker operators as a result of a legal requirement to undertake

that work. Each Council shall also review the relevant scientific

work undertaken by or on behalf of any government entity relating

to the terminal facilities or crude oil tankers. To the extent

possible, to avoid unnecessary duplication, each Council shall

coordinate its independent scientific work with the scientific

work performed by or on behalf of the terminal operators and with

the scientific work performed by or on behalf of the operators of

the crude oil tankers.

(e) Committee for Terminal and Oil Tanker Operations and

Environmental Monitoring

(1) Monitoring Committee

Each Council shall establish a standing Terminal and Oil Tanker

Operations and Environmental Monitoring Committee (hereinafter in

this section referred to as the "Monitoring Committee") to devise

and manage a comprehensive program of monitoring the

environmental impacts of the operations of terminal facilities

and of crude oil tankers while operating in Prince William Sound

and Cook Inlet. The membership of the Monitoring Committee shall

be made up of members of the Council, citizens, and recognized

scientific experts selected by the Council.

(2) Duties

In fulfilling its responsibilities, the Monitoring Committee

shall -

(A) advise the Council on a monitoring strategy that will

permit early detection of environmental impacts of terminal

facility operations and crude oil tanker operations while in

Prince William Sound and Cook Inlet;

(B) develop monitoring programs and make recommendations to

the Council on the implementation of those programs;

(C) at its discretion, select and contract with universities

and other scientific institutions to carry out specific

monitoring projects authorized by the Council pursuant to an

approved monitoring strategy;

(D) complete any other tasks assigned by the Council; and

(E) provide written reports to the Council which interpret

and assess the results of all monitoring programs.

(f) Committee for Oil Spill Prevention, Safety, and Emergency

Response

(1) Technical Oil Spill Committee

Each Council shall establish a standing technical committee

(hereinafter referred to as "Oil Spill Committee") to review and

assess measures designed to prevent oil spills and the planning

and preparedness for responding to, containing, cleaning up, and

mitigating impacts of oil spills. The membership of the Oil Spill

Committee shall be made up of members of the Council, citizens,

and recognized technical experts selected by the Council.

(2) Duties

In fulfilling its responsibilities, the Oil Spill Committee

shall -

(A) periodically review the respective oil spill prevention

and contingency plans for the terminal facilities and for the

crude oil tankers while in Prince William Sound or Cook Inlet,

in light of new technological developments and changed

circumstances;

(B) monitor periodic drills and testing of the oil spill

contingency plans for the terminal facilities and for crude oil

tankers while in Prince William Sound and Cook Inlet;

(C) study wind and water currents and other environmental

factors in the vicinity of the terminal facilities which may

affect the ability to prevent, respond to, contain, and clean

up an oil spill;

(D) identify highly sensitive areas which may require

specific protective measures in the event of a spill in Prince

William Sound or Cook Inlet;

(E) monitor developments in oil spill prevention,

containment, response, and cleanup technology;

(F) periodically review port organization, operations,

incidents, and the adequacy and maintenance of vessel traffic

service systems designed to assure safe transit of crude oil

tankers pertinent to terminal operations;

(G) periodically review the standards for tankers bound for,

loading at, exiting from, or otherwise using the terminal

facilities;

(H) complete any other tasks assigned by the Council; and

(I) provide written reports to the Council outlining its

findings and recommendations.

(g) Agency cooperation

On and after the expiration of the 180-day period following

August 18, 1990, each Federal department, agency, or other

instrumentality shall, with respect to all permits, site-specific

regulations, and other matters governing the activities and actions

of the terminal facilities which affect or may affect the vicinity

of the terminal facilities, consult with the appropriate Council

prior to taking substantive action with respect to the permit,

site-specific regulation, or other matter. This consultation shall

be carried out with a view to enabling the appropriate Association

and Council to review the permit, site-specific regulation, or

other matters and make appropriate recommendations regarding

operations, policy or agency actions. Prior consultation shall not

be required if an authorized Federal agency representative

reasonably believes that an emergency exists requiring action

without delay.

(h) Recommendations of Council

In the event that the Association does not adopt, or

significantly modifies before adoption, any recommendation of the

Council made pursuant to the authority granted to the Council in

subsection (d) of this section, the Association shall provide to

the Council, in writing, within 5 days of its decision, notice of

its decision and a written statement of reasons for its rejection

or significant modification of the recommendation.

(i) Administrative actions

Appointments, designations, and selections of individuals to

serve as members of the Associations and Councils under this

section shall be submitted to the Secretary prior to the expiration

of the 120-day period following August 18, 1990. On or before the

expiration of the 180-day period following August 18, 1990, the

Secretary shall call an initial meeting of each Association and

Council for organizational purposes.

(j) Location and compensation

(1) Location

Each Association and Council established by this section shall

be located in the State of Alaska.

(2) Compensation

No member of an Association or Council shall be compensated for

the member's services as a member of the Association or Council,

but shall be allowed travel expenses, including per diem in lieu

of subsistence, at a rate established by the Association or

Council not to exceed the rates authorized for employees of

agencies under sections 5702 and 5703 of title 5. However, each

Council may enter into contracts to provide compensation and

expenses to members of the committees created under subsections

(d), (e), and (f) of this section.

(k) Funding

(1) Requirement

Approval of the contingency plans required of owners and

operators of the Cook Inlet and Prince William Sound terminal

facilities and crude oil tankers while operating in Alaskan

waters in commerce with those terminal facilities shall be

effective only so long as the respective Association and Council

for a facility are funded pursuant to paragraph (2).

(2) Prince William Sound Program

The owners or operators of terminal facilities or crude oil

tankers operating in Prince William Sound shall provide, on an

annual basis, an aggregate amount of not more than $2,000,000, as

determined by the Secretary. Such amount -

(A) shall provide for the establishment and operation on the

environmental oversight and monitoring program in Prince

William Sound;

(B) shall be adjusted annually by the Anchorage Consumer

Price Index; and

(C) may be adjusted periodically upon the mutual consent of

the owners or operators of terminal facilities or crude oil

tankers operating in Prince William Sound and the Prince

William Sound terminal facilities Council.

(3) Cook Inlet Program

The owners or operators of terminal facilities, offshore

facilities, or crude oil tankers operating in Cook Inlet shall

provide, on an annual basis, an aggregate amount of not more than

$1,000,000, as determined by the Secretary. Such amount -

(A) shall provide for the establishment and operation of the

environmental oversight and monitoring program in Cook Inlet;

(B) shall be adjusted annually by the Anchorage Consumer

Price Index; and

(C) may be adjusted periodically upon the mutual consent of

the owners or operators of terminal facilities, offshore

facilities, or crude oil tankers operating in Cook Inlet and

the Cook Inlet Council.

(g742l) Reports

(1) Associations and Councils

Prior to the expiration of the 36-month period following August

18, 1990, each Association and Council established by this

section shall report to the President and the Congress concerning

its activities under this section, together with its

recommendations.

(2) GAO

Prior to the expiration of the 36-month period following August

18, 1990, the General Accounting Office shall report to the

President and the Congress as to the handling of funds, including

donated funds, by the entities carrying out the programs under

this section, and the effectiveness of the demonstration programs

carried out under this section, together with its

recommendations.

(m) Definitions

As used in this section, the term -

(1) "terminal facilities" means -

(A) in the case of the Prince William Sound Program, the

entire oil terminal complex located in Valdez, Alaska,

consisting of approximately 1,000 acres including all

buildings, docks (except docks owned by the City of Valdez if

those docks are not used for loading of crude oil), pipes,

piping, roads, ponds, tanks, crude oil tankers only while at

the terminal dock, tanker escorts owned or operated by the

operator of the terminal, vehicles, and other facilities

associated with, and necessary for, assisting tanker movement

of crude oil into and out of the oil terminal complex; and

(B) in the case of the Cook Inlet Program, the entire oil

terminal complex including all buildings, docks, pipes, piping,

roads, ponds, tanks, vessels, vehicles, crude oil tankers only

while at the terminal dock, tanker escorts owned or operated by

the operator of the terminal, emergency spill response vessels

owned or operated by the operator of the terminal, and other

facilities associated with, and necessary for, assisting tanker

movement of crude oil into and out of the oil terminal complex;

(2) "crude oil tanker" means a tanker (as that term is defined

under section 2101 of title 46) -

(A) in the case of the Prince William Sound Program, calling

at the terminal facilities for the purpose of receiving and

transporting oil to refineries, operating north of Middleston

Island and bound for or exiting from Prince William Sound; and

(B) in the case of the Cook Inlet Program, calling at the

terminal facilities for the purpose of receiving and

transporting oil to refineries and operating in Cook Inlet and

the Gulf of Alaska north of Amatuli Island, including tankers

transiting to Cook Inlet from Prince William Sound;

(3) "vicinity of the terminal facilities" means that

geographical area surrounding the environment of terminal

facilities which is directly affected or may be directly affected

by the operation of the terminal facilities; and

(4) "Secretary" means the Secretary of Transportation.

(n) Savings clause

(1) Regulatory authority

Nothing in this section shall be construed as modifying,

repealing, superseding, or preempting any municipal, State or

Federal law or regulation, or in any way affecting litigation

arising from oil spills or the rights and responsibilities of the

United States or the State of Alaska, or municipalities thereof,

to preserve and protect the environment through regulation of

land, air, and water uses, of safety, and of related development.

The monitoring provided for by this section shall be designed to

help assure compliance with applicable laws and regulations and

shall only extend to activities -

(A) that would affect or have the potential to affect the

vicinity of the terminal facilities and the area of crude oil

tanker operations included in the Programs; and

(B) are subject to the United States or State of Alaska, or

municipality thereof, law, regulation, or other legal

requirement.

(2) Recommendations

This subsection is not intended to prevent the Association or

Council from recommending to appropriate authorities that

existing legal requirements should be modified or that new legal

requirements should be adopted.

(g742o) Alternative voluntary advisory group in lieu of Council

The requirements of subsections (c) through (l) of this section,

as such subsections apply respectively to the Prince William Sound

Program and the Cook Inlet Program, are deemed to have been

satisfied so long as the following conditions are met:

(1) Prince William Sound

With respect to the Prince William Sound Program, the Alyeska

Pipeline Service Company or any of its owner companies enters

into a contract for the duration of the operation of the

Trans-Alaska Pipeline System with the Alyeska Citizens Advisory

Committee in existence on August 18, 1990, or a successor

organization, to fund that Committee or organization on an annual

basis in the amount provided for by subsection (k)(2)(A) of this

section and the President annually certifies that the Committee

or organization fosters the general goals and purposes of this

section and is broadly representative of the communities and

interests in the vicinity of the terminal facilities and Prince

William Sound.

(2) Cook Inlet

With respect to the Cook Inlet Program, the terminal

facilities, offshore facilities, or crude oil tanker owners and

operators enter into a contract with a voluntary advisory

organization to fund that organization on an annual basis and the

President annually certifies that the organization fosters the

general goals and purposes of this section and is broadly

representative of the communities and interests in the vicinity

of the terminal facilities and Cook Inlet.

-SOURCE-

(Pub. L. 101-380, title V, Sec. 5002, Aug. 18, 1990, 104 Stat.

544.)

-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. (c)(2)(D) and (o) of this

section delegated to Secretary of the Department in which the Coast

Guard is operating by section 8(f), (g) of Ex. Ord. No. 12777, Oct.

18, 1991, 56 F.R. 54769, as amended, set out as a note under

section 1321 of this title.

-EXEC-

PRINCE WILLIAM SOUND REGIONAL CITIZENS ADVISORY COMMITTEE

Certification of President of the United States, Mar. 21, 1991,

56 F.R. 12439, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

5002(o)(1) of the Oil Pollution Act of 1990 (Public Law 101-380,

104 Stat. 552) [33 U.S.C. 2732(o)(1)], I hereby certify for the

year 1991 the following:

(1) that the Prince William Sound Regional Citizens Advisory

Committee fosters the general goals and purposes of section 5002 of

the Oil Pollution Act of 1990 for the year 1991; and

(2) that the Prince William Sound Regional Citizens Advisory

Committee is broadly representative of the communities and

interests in the vicinity of the terminal facilities and Prince

William Sound.

This certification shall be published in the Federal Register.

George Bush.

COOK INLET REGIONAL CITIZENS ADVISORY COUNCIL

Certification of President of the United States, Aug. 6, 1991, 56

F.R. 37819, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

5002(o)(2) of the Oil Pollution Act of 1990 [33 U.S.C. 2732(o)(2)],

I hereby certify for the year 1991 the following:

(1) that the Cook Inlet Regional Citizens Advisory Council has

met the general goals and purposes of section 5002 of the Oil

Pollution Act of 1990 for the year 1991; and

(2) that the Cook Inlet Regional Citizens Advisory Council is

broadly representative of the communities and interests in the

vicinity of the terminal facilities and offshore facilities in Cook

Inlet.

This certification shall be published in the Federal Register.

George Bush.

-End-

-CITE-

33 USC Sec. 2733 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS

-HEAD-

Sec. 2733. Bligh Reef light

-STATUTE-

The Secretary of Transportation shall within one year after

August 18, 1990, install and ensure operation of an automated

navigation light on or adjacent to Bligh Reef in Prince William

Sound, Alaska, of sufficient power and height to provide long-range

warning of the location of Bligh Reef.

-SOURCE-

(Pub. L. 101-380, title V, Sec. 5003, Aug. 18, 1990, 104 Stat.

553.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2736 of this title.

-End-

-CITE-

33 USC Sec. 2734 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS

-HEAD-

Sec. 2734. Vessel traffic service system

-STATUTE-

The Secretary of Transportation shall within one year after

August 18, 1990 -

(1) acquire, install, and operate such additional equipment

(which may consist of radar, closed circuit television, satellite

tracking systems, or other shipboard dependent surveillance),

train and locate such personnel, and issue such final regulations

as are necessary to increase the range of the existing VTS system

in the Port of Valdez, Alaska, sufficiently to track the

locations and movements of tank vessels carrying oil from the

Trans-Alaska Pipeline when such vessels are transiting Prince

William Sound, Alaska, and to sound an audible alarm when such

tankers depart from designated navigation routes; and

(2) submit to the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives a report on

the feasibility and desirability of instituting positive control

of tank vessel movements in Prince William Sound by Coast Guard

personnel using the Port of Valdez, Alaska, VTS system, as

modified pursuant to paragraph (1).

-SOURCE-

(Pub. L. 101-380, title V, Sec. 5004, Aug. 18, 1990, 104 Stat. 553;

Pub. L. 107-295, title IV, Sec. 408(b)(2), Nov. 25, 2002, 116 Stat.

2117.)

-MISC1-

AMENDMENTS

2002 - Par. (2). Pub. L. 107-295 substituted "Transportation and

Infrastructure" for "Merchant Marine and Fisheries".

-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 2736 of this title.

-End-

-CITE-

33 USC Sec. 2735 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS

-HEAD-

Sec. 2735. Equipment and personnel requirements under tank vessel

and facility response plans

-STATUTE-

(a) In general

In addition to the requirements for response plans for vessels

established by section 1321(j) of this title, a response plan for a

tanker loading cargo at a facility permitted under the Trans-Alaska

Pipeline Authorization Act (43 U.S.C. 1651 et seq.), and a response

plan for such a facility, shall provide for -

(1) prepositioned oil spill containment and removal equipment

in communities and other strategic locations within the

geographic boundaries of Prince William Sound, including escort

vessels with skimming capability; barges to receive recovered

oil; heavy duty sea boom, pumping, transferring, and lightering

equipment; and other appropriate removal equipment for the

protection of the environment, including fish hatcheries;

(2) the establishment of an oil spill removal organization at

appropriate locations in Prince William Sound, consisting of

trained personnel in sufficient numbers to immediately remove, to

the maximum extent practicable, a worst case discharge or a

discharge of 200,000 barrels of oil, whichever is greater;

(3) training in oil removal techniques for local residents and

individuals engaged in the cultivation or production of fish or

fish products in Prince William Sound;

(4) practice exercises not less than 2 times per year which

test the capacity of the equipment and personnel required under

this paragraph; and

(5) periodic testing and certification of equipment required

under this paragraph, as required by the Secretary.

(b) Definitions

In this section -

(1) the term "Prince William Sound" means all State and Federal

waters within Prince William Sound, Alaska, including the

approach to Hinchenbrook Entrance out to and encompassing Seal

Rocks; and

(2) the term "worst case discharge" means -

(A) in the case of a vessel, a discharge in adverse weather

conditions of its entire cargo; and

(B) in the case of a facility, the largest foreseeable

discharge in adverse weather conditions.

-SOURCE-

(Pub. L. 101-380, title V, Sec. 5005, Aug. 18, 1990, 104 Stat. 553;

Pub. L. 102-388, title III, Sec. 354, Oct. 6, 1992, 106 Stat.

1555.)

-REFTEXT-

REFERENCES IN TEXT

The Trans-Alaska Pipeline Authorization Act, referred to in

subsec. (a), is title II of Pub. L. 93-153, Nov. 16, 1973, 87 Stat.

584, which is classified generally to chapter 34 (Sec. 1651 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1651 of Title 43 and Tables.

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-388 substituted "tanker loading

cargo at" for "tank vessel operating on Prince William Sound, or"

and directed the insertion of "and a response plan for such a

facility," after "(43 U.S.C. 1651 et seq.).", which was executed by

making the insertion after "(43 U.S.C. 1651 et seq.)," to reflect

the probable intent of Congress.

-End-

-CITE-

33 USC Sec. 2736 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS

-HEAD-

Sec. 2736. Funding

-STATUTE-

(a) Sections 2731, 2733, and 2734

Amounts in the Fund shall be available, without further

appropriations and without fiscal year limitation, to carry out

section 2731 of this title in the amount as determined in

subsection (b) of this section, and to carry out sections 2733 and

2734 of this title, in an amount not to exceed $5,000,000.

(b) Use of interest only

The amount of funding to be made available annually to carry out

section 2731 of this title shall be the interest produced by the

Fund's investment of the $22,500,000 remaining funding authorized

for the Prince William Sound Oil Spill Recovery Institute and

currently deposited in the Fund and invested by the Secretary of

the Treasury in income producing securities along with other funds

comprising the Fund. The National Pollution Funds Center shall

transfer all such accrued interest, including the interest earned

from the date funds in the Trans-Alaska Liability Pipeline Fund

were transferred into the Oil Spill Liability Trust Fund pursuant

to section 8102(a)(2)(B)(ii), to the Prince William Sound Oil Spill

Recovery Institute annually, beginning 60 days after October 19,

1996.

(c) (!1) Use for section 2712

Beginning with the eleventh year following October 19, 1996, the

funding authorized for the Prince William Sound Oil Spill Recovery

Institute and deposited in the Fund shall thereafter be made

available for purposes of section 2712 of this title in Alaska.

(c) (!1) Section 2738

Amounts in the Fund shall be available, without further

appropriation and without fiscal year limitation, to carry out

section 2738(b) of this title, in an amount not to exceed

$5,000,000 of which up to $3,000,000 may be used for the lease

payment to the Alaska SeaLife Center under section 2738(b)(2) of

this title: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended [2 U.S.C. 901(b)(2)(A)]: Provided further,

That the entire amount shall be available only to the extent an

official budget request that includes designation of the entire

amount of the request as an emergency requirement as defined in the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress.

-SOURCE-

(Pub. L. 101-380, title V, Sec. 5006, Aug. 18, 1990, 104 Stat. 554;

Pub. L. 104-324, title XI, Sec. 1102(b), Oct. 19, 1996, 110 Stat.

3965; Pub. L. 106-246, div. B, title II, Sec. 2204(2), July 13,

2000, 114 Stat. 547; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title

I, Sec. 144(c)(1)(C)], Dec. 21, 2000, 114 Stat. 2763, 2763A-239.)

-REFTEXT-

REFERENCES IN TEXT

Section 8102(a)(2)(B)(ii), referred to in subsec. (b), is section

8102(a)(2)(B)(ii) of Pub. L. 101-380, title VIII, Aug. 18, 1990,

104 Stat. 565, which is set out as a note under section 1653 of

Title 43, Public Lands.

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in subsec. (c), is title II of Pub. L. 99-177, Dec. 12,

1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec. 900

et seq.) and sections 654 to 656 of Title 2, The Congress, amended

sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections

1104 to 1106, and 1109 of Title 31, Money and Finance, and section

911 of Title 42, The Public Health and Welfare, repealed section

661 of Title 2, enacted provisions set out as notes under section

900 of Title 2 and section 911 of Title 42, and amended provisions

set out as a note under section 621 of Title 2. For complete

classification of this Act to the Code, see Short Title note set

out under section 900 of Title 2 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-554 inserted "of which up to

$3,000,000 may be used for the lease payment to the Alaska SeaLife

Center under section 2738(b)(2) of this title" after "$5,000,000"

in subsec. (c) relating to section 2738.

Pub. L. 106-246 added subsec. (c) relating to section 2738.

1996 - Subsec. (a). Pub. L. 104-324, Sec. 1102(b)(1)-(3),

redesignated subsec. (b) as (a), substituted "2731, 2733," for

"2733" in heading, inserted "to carry out section 2731 of this

title in the amount as determined in subsection (b) of this

section, and" after "limitation,", and struck out heading and text

of former subsec. (a). Text read as follows: "Amounts in the Fund

shall be available, subject to appropriations, and shall remain

available until expended, to carry out section 2731 of this title

as follows:

"(1) $5,000,000 shall be available for the first fiscal year

beginning after August 18, 1990.

"(2) $2,000,000 shall be available for each of the 9 fiscal

years following the fiscal year described in paragraph (1)."

Subsecs. (b), (c). Pub. L. 104-324, Sec. 1102(b)(4), added

subsecs. (b) and (c). Former subsec. (b) redesignated (a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2712, 2731, 2752, 2761 of

this title.

-FOOTNOTE-

(!1) So in original. Two subsecs. (c) have been enacted.

-End-

-CITE-

33 USC Sec. 2737 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS

-HEAD-

Sec. 2737. Limitation

-STATUTE-

Notwithstanding any other law, tank vessels that have spilled

more than 1,000,000 gallons of oil into the marine environment

after March 22, 1989, are prohibited from operating on the

navigable waters of Prince William Sound, Alaska.

-SOURCE-

(Pub. L. 101-380, title V, Sec. 5007, Aug. 18, 1990, 104 Stat.

554.)

-End-

-CITE-

33 USC Sec. 2738 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS

-HEAD-

Sec. 2738. North Pacific Marine Research Institute

-STATUTE-

(a) Institute established

The Secretary of Commerce shall establish a North Pacific Marine

Research Institute (hereafter in this section referred to as the

"Institute") to be administered at the Alaska SeaLife Center by the

North Pacific Research Board.

(b) Functions

The Institute shall -

(1) conduct research and carry out education and demonstration

projects on or relating to the North Pacific marine ecosystem

with particular emphasis on marine mammal, sea bird, fish, and

shellfish populations in the Bering Sea and Gulf of Alaska

including populations located in or near Kenai Fjords National

Park and the Alaska Maritime National Wildlife Refuge; and

(2) lease, maintain, operate, and upgrade the necessary

research equipment and related facilities necessary to conduct

such research at the Alaska SeaLife Center.

(c) Evaluation and audit

The Secretary of Commerce may periodically evaluate the

activities of the Institute to ensure that funds received by the

Institute are used in a manner consistent with this section. The

Federal Advisory Committee Act [5 U.S.C. App.] shall not apply to

the Institute.

(d) Status of employees

Employees of the Institute shall not, by reason of such

employment, be considered to be employees of the Federal Government

for any purpose.

(e) Use of funds

No funds made available to carry out this section may be used to

initiate litigation, or for the acquisition of real property (other

than facilities leased at the Alaska SeaLife Center). No more than

10 percent of the funds made available to carry out subsection

(b)(1) of this section may be used to administer the Institute. The

administrative funds of the Institute and the administrative funds

of the North Pacific Research Board created under Public Law 105-83

may be used to jointly administer such programs at the discretion

of the North Pacific Research Board.

(f) Availability of research

The Institute shall publish and make available to any person on

request the results of all research, educational, and demonstration

projects conducted by the Institute. The Institute shall provide a

copy of all research, educational, and demonstration projects

conducted by the Institute to the National Park Service, the United

States Fish and Wildlife Service, and the National Oceanic and

Atmospheric Administration.

-SOURCE-

(Pub. L. 101-380, title V, Sec. 5008, as added Pub. L. 106-246,

div. B, title II, Sec. 2204(1), July 13, 2000, 114 Stat. 546;

amended Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec.

144(c)(1)(A), (B)], Dec. 21, 2000, 114 Stat. 2763, 2763A-238,

2763A-239.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (c),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

Public Law 105-83, referred to in subsec. (e), is Pub. L. 105-83,

Nov. 14, 1997, 111 Stat. 1543, as amended, known as the Department

of the Interior and Related Agencies Appropriations Act, 1998. For

complete classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title

I, Sec. 144(c)(1)(A)], inserted second sentence and struck out

former second sentence which read as follows: "The Comptroller

General of the United States, and any of his or her duly authorized

representatives, shall have access, for purposes of audit and

examination, to any books, documents, papers, and records of the

Institute that are pertinent to the funds received and expended by

the Institute."

Subsec. (e). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec.

144(c)(1)(B)], inserted at end "The administrative funds of the

Institute and the administrative funds of the North Pacific

Research Board created under Public Law 105-83 may be used to

jointly administer such programs at the discretion of the North

Pacific Research Board."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2736 of this title.

-End-

-CITE-

33 USC SUBCHAPTER III - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

SUBCHAPTER III - MISCELLANEOUS

-End-

-CITE-

33 USC Sec. 2751 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 2751. Savings provision

-STATUTE-

(a) Cross-references

A reference to a law replaced by this Act, including a reference

in a regulation, order, or other law, is deemed to refer to the

corresponding provision of this Act.

(b) Continuation of regulations

An order, rule, or regulation in effect under a law replaced by

this Act continues in effect under the corresponding provision of

this Act until repealed, amended, or superseded.

(c) Rule of construction

An inference of legislative construction shall not be drawn by

reason of the caption or catch line of a provision enacted by this

Act.

(d) Actions and rights

Nothing in this Act shall apply to any rights and duties that

matured, penalties that were incurred, and proceedings that were

begun before August 18, 1990, except as provided by this section,

and shall be adjudicated pursuant to the law applicable on the date

prior to August 18, 1990.

(e) Admiralty and maritime law

Except as otherwise provided in this Act, this Act does not

affect -

(1) admiralty and maritime law; or

(2) the jurisdiction of the district courts of the United

States with respect to civil actions under admiralty and maritime

jurisdiction, saving to suitors in all cases all other remedies

to which they are otherwise entitled.

-SOURCE-

(Pub. L. 101-380, title VI, Sec. 6001, Aug. 18, 1990, 104 Stat.

554.)

-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. 2752 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 2752. Annual appropriations

-STATUTE-

(a) Required

Except as provided in subsection (b) of this section, amounts in

the Fund shall be available only as provided in annual

appropriation Acts.

(b) Exceptions

Subsection (a) of this section shall not apply to sections (!1)

2706(f), 2712(a)(4), or 2736 of this title, and shall not apply to

an amount not to exceed $50,000,000 in any fiscal year which the

President may make available from the Fund to carry out section

1321(c) of this title and to initiate the assessment of natural

resources damages required under section 2706 of this title. To the

extent that such amount is not adequate, the Coast Guard may obtain

an advance from the Fund of such sums as may be necessary, up to a

maximum of $100,000,000, and within 30 days shall notify Congress

of the amount advanced and the facts and circumstances

necessitating the advance. Amounts advanced shall be repaid to the

Fund when, and to the extent that, removal costs are recovered by

the Coast Guard from responsible parties for the discharge or

substantial threat of discharge. Sums to which this subsection

applies shall remain available until expended.

-SOURCE-

(Pub. L. 101-380, title VI, Sec. 6002, Aug. 18, 1990, 104 Stat.

555; Pub. L. 104-324, title XI, Sec. 1102(c)(1), Oct. 19, 1996, 110

Stat. 3966; Pub. L. 107-295, title III, Sec. 323, Nov. 25, 2002,

116 Stat. 2104.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-295 inserted after first sentence

"To the extent that such amount is not adequate, the Coast Guard

may obtain an advance from the Fund of such sums as may be

necessary, up to a maximum of $100,000,000, and within 30 days

shall notify Congress of the amount advanced and the facts and

circumstances necessitating the advance. Amounts advanced shall be

repaid to the Fund when, and to the extent that, removal costs are

recovered by the Coast Guard from responsible parties for the

discharge or substantial threat of discharge."

1996 - Subsec. (b). Pub. L. 104-324 substituted "2736" for

"2736(b)".

-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 subsec. (b) of this section

delegated to Secretary of Department in which Coast Guard is

operating by section 7(a)(1)(B) of Ex. Ord. No. 12777, Oct. 18,

1991, 56 F.R. 54766, set out as a note under section 1321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 9509.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

33 USC Sec. 2753 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 2753. Repealed. Pub. L. 104-134, title I, Sec. 101(c) [title

I, Sec. 109], Apr. 26, 1996, 110 Stat. 1321-156, 1321-177;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327

-MISC1-

Section, Pub. L. 101-380, title VI, Sec. 6003, Aug. 18, 1990, 104

Stat. 555, related to protection of the Outer Banks of North

Carolina.

-End-

-CITE-

33 USC SUBCHAPTER IV - OIL POLLUTION RESEARCH AND

DEVELOPMENT PROGRAM 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER IV - OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM

-HEAD-

SUBCHAPTER IV - OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM

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SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2712 of this title.

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33 USC Sec. 2761 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 40 - OIL POLLUTION

SUBCHAPTER IV - OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM

-HEAD-

Sec. 2761. Oil pollution research and development program

-STATUTE-

(a) Interagency Coordinating Committee on Oil Pollution Research

(1) Establishment

There is established an Interagency Coordinating Committee on

Oil Pollution Research (hereinafter in this section referred to

as the "Interagency Committee").

(2) Purposes

The Interagency Committee shall coordinate a comprehensive

program of oil pollution research, technology development, and

demonstration among the Federal agencies, in cooperation and

coordination with industry, universities, research institutions,

State governments, and other nations, as appropriate, and shall

foster cost-effective research mechanisms, including the joint

funding of research.

(3) Membership

The Interagency Committee shall include representatives from

the Department of Commerce (including the National Oceanic and

Atmospheric Administration and the National Institute of

Standards and Technology), the Department of Energy, the

Department of the Interior (including the Minerals Management

Service and the United States Fish and Wildlife Service), the

Department of Transportation (including the United States Coast

Guard, the Maritime Administration, and the Research and Special

Projects Administration), the Department of Defense (including

the Army Corps of Engineers and the Navy), the Environmental

Protection Agency, the National Aeronautics and Space

Administration, and the United States Fire Administration in the

Federal Emergency Management Agency, as well as such other

Federal agencies as the President may designate.

A representative of the Department of Transportation shall serve as

Chairman.

(b) Oil pollution research and technology plan

(1) Implementation plan

Within 180 days after August 18, 1990, the Interagency

Committee shall submit to Congress a plan for the implementation

of the oil pollution research, development, and demonstration

program established pursuant to subsection (c) of this section.

The research plan shall -

(A) identify agency roles and responsibilities;

(B) assess the current status of knowledge on oil pollution

prevention, response, and mitigation technologies and effects

of oil pollution on the environment;

(C) identify significant oil pollution research gaps

including an assessment of major technological deficiencies in

responses to past oil discharges;

(D) establish research priorities and goals for oil pollution

technology development related to prevention, response,

mitigation, and environmental effects;

(E) estimate the resources needed to conduct the oil

pollution research and development program established pursuant

to subsection (c) of this section, and timetables for

completing research tasks; and

(F) identify, in consultation with the States, regional oil

pollution research needs and priorities for a coordinated,

multidisciplinary program of research at the regional level.

(2) Advice and guidance

The Chairman, through the Department of Transportation, shall

contract with the National Academy of Sciences to -

(A) provide advice and guidance in the preparation and

development of the research plan; and

(B) assess the adequacy of the plan as submitted, and submit

a report to Congress on the conclusions of such assessment.

The National Institute of Standards and Technology shall provide

the Interagency Committee with advice and guidance on issues

relating to quality assurance and standards measurements relating

to its activities under this section.

(c) Oil pollution research and development program

(1) Establishment

The Interagency Committee shall coordinate the establishment,

by the agencies represented on the Interagency Committee, of a

program for conducting oil pollution research and development, as

provided in this subsection.

(2) Innovative oil pollution technology

The program established under this subsection shall provide for

research, development, and demonstration of new or improved

technologies which are effective in preventing or mitigating oil

discharges and which protect the environment, including -

(A) development of improved designs for vessels and

facilities, and improved operational practices;

(B) research, development, and demonstration of improved

technologies to measure the ullage of a vessel tank, prevent

discharges from tank vents, prevent discharges during

lightering and bunkering operations, contain discharges on the

deck of a vessel, prevent discharges through the use of vacuums

in tanks, and otherwise contain discharges of oil from vessels

and facilities;

(C) research, development, and demonstration of new or

improved systems of mechanical, chemical, biological, and other

methods (including the use of dispersants, solvents, and

bioremediation) for the recovery, removal, and disposal of oil,

including evaluation of the environmental effects of the use of

such systems;

(D) research and training, in consultation with the National

Response Team, to improve industry's and Government's ability

to quickly and effectively remove an oil discharge, including

the long-term use, as appropriate, of the National Spill

Control School in Corpus Christi, Texas, and the Center for

Marine Training and Safety in Galveston, Texas;

(E) research to improve information systems for

decisionmaking, including the use of data from coastal mapping,

baseline data, and other data related to the environmental

effects of oil discharges, and cleanup technologies;

(F) development of technologies and methods to protect public

health and safety from oil discharges, including the population

directly exposed to an oil discharge;

(G) development of technologies, methods, and standards for

protecting removal personnel, including training, adequate

supervision, protective equipment, maximum exposure limits, and

decontamination procedures;

(H) research and development of methods to restore and

rehabilitate natural resources damaged by oil discharges;

(I) research to evaluate the relative effectiveness and

environmental impacts of bioremediation technologies; and

(J) the demonstration of a satellite-based, dependent

surveillance vessel traffic system in Narragansett Bay to

evaluate the utility of such system in reducing the risk of oil

discharges from vessel collisions and groundings in confined

waters.

(3) Oil pollution technology evaluation

The program established under this subsection shall provide for

oil pollution prevention and mitigation technology evaluation

including -

(A) the evaluation and testing of technologies developed

independently of the research and development program

established under this subsection;

(B) the establishment, where appropriate, of standards and

testing protocols traceable to national standards to measure

the performance of oil pollution prevention or mitigation

technologies; and

(C) the use, where appropriate, of controlled field testing

to evaluate real-world application of oil discharge prevention

or mitigation technologies.

(4) Oil pollution effects research

(A) The Committee shall establish a research program to monitor

and evaluate the environmental effects of oil discharges. Such

program shall include the following elements:

(i) The development of improved models and capabilities for

predicting the environmental fate, transport, and effects of

oil discharges.

(ii) The development of methods, including economic methods,

to assess damages to natural resources resulting from oil

discharges.

(iii) The identification of types of ecologically sensitive

areas at particular risk to oil discharges and the preparation

of scientific monitoring and evaluation plans, one for each of

several types of ecological conditions, to be implemented in

the event of major oil discharges in such areas.

(iv) The collection of environmental baseline data in

ecologically sensitive areas at particular risk to oil

discharges where such data are insufficient.

(B) The Department of Commerce in consultation with the

Environmental Protection Agency shall monitor and scientifically

evaluate the long-term environmental effects of oil discharges if

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(i) the amount of oil discharged exceeds 250,000 gallons;

(ii) the oil discharge has occurred on or after January 1,

1989; and

(iii) the Interagency Committee determines that a study of

the long-term environmental effects of the discharge would be

of significant scientific value, especially for preventing or

responding to future oil discharges.

Areas for study may include the following sites where oil

discharges have occurred: the New York/New Jersey Harbor area,

where oil was discharged by an Exxon underwater pipeline, the T/B

CIBRO SAVANNAH, and the M/V BT NAUTILUS; Narragansett Bay where

oil was discharged by the WORLD PRODIGY; the Houston Ship Channel

where oil was discharged by the RACHEL B; the Delaware River,

where oil was discharged by the PRESIDENTE RIVERA, and Huntington

Beach, California, where oil was discharged by the AMERICAN

TRADER.

(C) Research conducted under this paragraph by, or through, the

United States Fish and Wildlife Service shall be directed and

coordinated by the National Wetland Research Center.

(5) Marine simulation research

The program established under this subsection shall include

research on the greater use and application of geographic and

vessel response simulation models, including the development of

additional data bases and updating of existing data bases using,

among others, the resources of the National Maritime Research

Center. It shall include research and vessel simulations for -

(A) contingency plan evaluation and amendment;

(B) removal and strike team training;

(C) tank vessel personnel training; and

(D) those geographic areas where there is a significant

likelihood of a major oil discharge.

(6) Demonstration projects

The United States Coast Guard, in conjunction with other such

agencies in the Department of Transportation as the Secretary of

Transportation may designate, shall conduct 4 port oil pollution

minimization demonstration projects, one each with (A) the Port

Authority of New York and New Jersey, (B) the Ports of Los

Angeles and Long Beach, California, (C) the Port of New Orleans,

Louisiana, and (D) ports on the Great Lakes, for the purpose of

developing and demonstrating integrated port oil pollution

prevention and cleanup systems which utilize the information and

implement the improved practices and technologies developed from

the research, development, and demonstration program established

in this section. Such systems shall utilize improved technologies

and management practices for reducing the risk of oil discharges,

including, as appropriate, improved data access, computerized

tracking of oil shipments, improved vessel tracking and

navigation systems, advanced technology to monitor pipeline and

tank conditions, improved oil spill response capability, improved

capability to predict the flow and effects of oil discharges in

both the inner and outer harbor areas for the purposes of making

infrastructure decisions, and such other activities necessary to

achieve the purposes of this section.

(7) Simulated environmental testing

Agencies represented on the Interagency Committee shall ensure

the long-term use and operation of the Oil and Hazardous

Materials Simulated Environmental Test Tank (OHMSETT) Research

Center in New Jersey for oil pollution technology testing and

evaluations.

(8) Regional research program

(A) Consistent with the research plan in subsection (b) of this

section, the Interagency Committee shall coordinate a program of

competitive grants to universities or other research

institutions, or groups of universities or research institutions,

for the purposes of conducting a coordinated research program

related to the regional aspects of oil pollution, such as

prevention, removal, mitigation, and the effects of discharged

oil on regional environments. For the purposes of this paragraph,

a region means a Coast Guard district as set out in part 3 of

title 33, Code of Federal Regulations (1989).

(B) The Interagency Committee shall coordinate the publication

by the agencies represented on the Interagency Committee of a

solicitation for grants under this subsection. The application

shall be in such form and contain such information as may be

required in the published solicitation. The applications shall be

reviewed by the Interagency Committee, which shall make

recommendations to the appropriate granting agency represented on

the Interagency Committee for awarding the grant. The granting

agency shall award the grants recommended by the Interagency

Committee unless the agency decides not to award the grant due to

budgetary or other compelling considerations and publishes its

reasons for such a determination in the Federal Register. No

grants may be made by any agency from any funds authorized for

this paragraph unless such grant award has first been recommended

by the Interagency Committee.

(C) Any university or other research institution, or group of

universities or research institutions, may apply for a grant for

the regional research program established by this paragraph. The

applicant must be located in the region, or in a State a part of

which is in the region, for which the project is proposed as part

of the regional research program. With respect to a group

application, the entity or entities which will carry out the

substantial portion of the proposed research must be located in

the region, or in a State a part of which is in the region, for

which the project is proposed as part of the regional research

program.

(D) The Interagency Committee shall make recommendations on

grants in such a manner as to ensure an appropriate balance

within a region among the various aspects of oil pollution

research, including prevention, removal, mitigation, and the

effects of discharged oil on regional environments. In addition,

the Interagency Committee shall make recommendations for grants

based on the following criteria:

(i) There is available to the applicant for carrying out this

paragraph demonstrated research resources.

(ii) The applicant demonstrates the capability of making a

significant contribution to regional research needs.

(iii) The projects which the applicant proposes to carry out

under the grant are consistent with the research plan under

subsection (b)(1)(F) of this section and would further the

objectives of the research and development program established

in this section.

(E) Grants provided under this paragraph shall be for a period

up to 3 years, subject to annual review by the granting agency,

and provide not more than 80 percent of the costs of the research

activities carried out in connection with the grant.

(F) No funds made available to carry out this subsection may be

used for the acquisition of real property (including buildings)

or construction of any building.

(G) Nothing in this paragraph is intended to alter or abridge

the authority under existing law of any Federal agency to make

grants, or enter into contracts or cooperative agreements, using

funds other than those authorized in this Act for the purposes of

carrying out this paragraph.

(9) Funding

For each of the fiscal years 1991, 1992, 1993, 1994, and 1995,

$6,000,000 of amounts in the Fund shall be available to carry out

the regional research program in paragraph (8), such amounts to

be available in equal amounts for the regional research program

in each region; except that if the agencies represented on the

Interagency Committee determine that regional research needs

exist which cannot be addressed within such funding limits, such

agencies may use their authority under paragraph (10) to make

additional grants to meet such needs. For the purposes of this

paragraph, the research program carried out by the Prince William

Sound Oil Spill Recovery Institute established under section 2731

of this title, shall not be eligible to receive grants under this

paragraph until the authorization for funding under section

2736(b) of this title expires.

(10) Grants

In carrying out the research and development program

established under this subsection, the agencies represented on

the Interagency Committee may enter into contracts and

cooperative agreements and make grants to universities, research

institutions, and other persons. Such contracts, cooperative

agreements, and grants shall address research and technology

priorities set forth in the oil pollution research plan under

subsection (b) of this section.

(11) Utilization of resources

In carrying out research under this section, the Department of

Transportation shall continue to utilize the resources of the

Research and Special Programs Administration of the Department of

Transportation, to the maximum extent practicable.

(d) International cooperation

In accordance with the research plan submitted under subsection

(b) of this section, the Interagency Committee shall coordinate and

cooperate with other nations and foreign research entities in

conducting oil pollution research, development, and demonstration

activities, including controlled field tests of oil discharges.

(e) Biennial reports

The Chairman of the Interagency Committee shall submit to

Congress every 2 years on October 30 a report on the activities

carried out under this section in the preceding 2 fiscal years, and

on activities proposed to be carried out under this section in the

current 2 fiscal year period.

(f) Funding

Not to exceed $22,000,000 of amounts in the Fund shall be

available annually to carry out this section except for subsection

(c)(8) of this section. Of such sums -

(1) funds authorized to be appropriated to carry out the

activities under subsection (c)(4) of this section shall not

exceed $5,000,000 for fiscal year 1991 or $3,500,000 for any

subsequent fiscal year; and

(2) not less than $3,000,000 shall be available for carrying

out the activities in subsection (c)(6) of this section for

fiscal years 1992, 1993, 1994, and 1995.

All activities authorized in this section, including subsection

(c)(8) of this section, are subject to appropriations.

-SOURCE-

(Pub. L. 101-380, title VII, Sec. 7001, Aug. 18, 1990, 104 Stat.

559; Pub. L. 101-537, title II, Sec. 2002, Nov. 8, 1990, 104 Stat.

2375; Pub. L. 101-646, title IV, Sec. 4002, Nov. 29, 1990, 104

Stat. 4788; Pub. L. 104-324, title XI, Secs. 1102(c)(2), 1108, Oct.

19, 1996, 110 Stat. 3966, 3968; Pub. L. 104-332, Sec. 2(h)(1), (2),

Oct. 26, 1996, 110 Stat. 4091.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c)(8)(G), is Pub. L. 101-380,

Aug. 18, 1990, 104 Stat. 484, as amended, known as the Oil

Pollution Act of 1990, which is classified principally to this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 2701 of this title and

Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(2)(D). Pub. L. 104-324, Sec. 1108, inserted ",

and the Center for Marine Training and Safety in Galveston, Texas"

before semicolon at end.

Subsec. (c)(6). Pub. L. 104-332, Sec. 2(h)(1), made technical

amendment to Pub. L. 104-646, Sec. 4002(1). See 1990 Amendment note

below.

Subsec. (c)(9). Pub. L. 104-324, Sec. 1102(c)(2), inserted "until

the authorization for funding under section 2736(b) of this title

expires" before period at end.

Subsec. (f). Pub. L. 104-332 made technical amendment to Pub. L.

101-646, Sec. 4002(2). See 1990 Amendment note below.

1990 - Subsec. (c)(6). Pub. L. 101-537, Sec. 2002(1), and Pub. L.

101-646, Sec. 4002(1), as amended by Pub. L. 104-332, Sec. 2(h)(1),

made substantially identical amendments, substituting "4" for "3"

and inserting cl. (D).

Subsec. (f). Pub. L. 101-537, Sec. 2002(2), and Pub. L. 101-646,

Sec. 4002(2), as amended by Pub. L. 104-332, amended subsec. (f)

identically, substituting "$22,000,000" for "$21,250,000" in

introductory provisions and "$3,000,000" for "$2,250,000" in par.

(2).

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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.

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 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 subsec. (a)(3) of this section

delegated to Secretary of the Department in which the Coast Guard

is operating by section 8(h) of Ex. Ord. No. 12777, Oct. 18, 1991,

56 F.R. 54769, as amended, set out as a note under section 1321 of

this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2731 of this title.

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