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CITE

    33 USC Sec. 1321                                            01/05/2009

EXPCITE

    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT

HEAD

    Sec. 1321. Oil and hazardous substance liability

STATUTE

    (a) Definitions
      For the purpose of this section, the term -
        (1) "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;
        (2) "discharge" includes, but is not limited to, any spilling,
      leaking, pumping, pouring, emitting, emptying or dumping, but
      excludes (A) discharges in compliance with a permit under section
      1342 of this title, (B) discharges resulting from circumstances
      identified and reviewed and made a part of the public record with
      respect to a permit issued or modified under section 1342 of this
      title, and subject to a condition in such permit,,(!1) (C)
      continuous or anticipated intermittent discharges from a point
      source, identified in a permit or permit application under
      section 1342 of this title, which are caused by events occurring
      within the scope of relevant operating or treatment systems, and
      (D) discharges incidental to mechanical removal authorized by the
      President under subsection (c) of this section;
        (3) "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;
        (4) "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 such
      vessel is engaged in commerce;
        (5) "United States" means the States, the District of Columbia,
      the Commonwealth of Puerto Rico, the Commonwealth of the Northern
      Mariana Islands, Guam, American Samoa, the Virgin Islands, and
      the Trust Territory of the Pacific Islands;
        (6) "owner or operator" means (A) in the case of a vessel, any
      person owning, operating, or chartering by demise, such 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;
        (7) "person" includes an individual, firm, corporation,
      association, and a partnership;
        (8) "remove" or "removal" refers to containment and removal of
      the oil or hazardous substances from the water and shorelines or
      the taking of such other actions as may be necessary to prevent,
      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;
        (9) "contiguous zone" means the entire zone established or to
      be established by the United States under article 24 of the
      Convention on the Territorial Sea and the Contiguous Zone;
        (10) "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;
        (11) "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;
        (12) "act of God" means an act occasioned by an unanticipated
      grave natural disaster;
        (13) "barrel" means 42 United States gallons at 60 degrees
      Fahrenheit;
        (14) "hazardous substance" means any substance designated
      pursuant to subsection (b)(2) of this section;
        (15) "inland oil barge" means a non-self-propelled vessel
      carrying oil in bulk as cargo and certificated to operate only in
      the inland waters of the United States, while operating in such
      waters;
        (16) "inland waters of the United States" means those waters of
      the United States lying inside the baseline from which the
      territorial sea is measured and those waters outside such
      baseline which are a part of the Gulf Intracoastal Waterway;
        (17) "otherwise subject to the jurisdiction of the United
      States" means subject to the jurisdiction of the United States by
      virtue of United States citizenship, United States vessel
      documentation or numbering, or as provided for by international
      agreement to which the United States is a party;
        (18) "Area Committee" means an Area Committee established under
      subsection (j) of this section;
        (19) "Area Contingency Plan" means an Area Contingency Plan
      prepared under subsection (j) of this section;
        (20) "Coast Guard District Response Group" means a Coast Guard
      District Response Group established under subsection (j) of this
      section;
        (21) "Federal On-Scene Coordinator" means a Federal On-Scene
      Coordinator designated in the National Contingency Plan;
        (22) "National Contingency Plan" means the National Contingency
      Plan prepared and published under subsection (d) of this section;
        (23) "National Response Unit" means the National Response Unit
      established under subsection (j) of this section;
        (24) "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 an offshore facility or onshore facility,
        the largest foreseeable discharge in adverse weather
        conditions;
        (25) "removal costs" means -
          (A) the costs of removal of oil or a hazardous substance that
        are incurred after it is discharged; and
          (B) in any case in which there is a substantial threat of a
        discharge of oil or a hazardous substance, the costs to
        prevent, minimize, or mitigate that threat; and
        (26) "nontank vessel" means a self-propelled vessel that -
          (A) is at least 400 gross tons as measured under section
        14302 of title 46 or, for vessels not measured under that
        section, as measured under section 14502 of that title;
          (B) is not a tank vessel;
          (C) carries oil of any kind as fuel for main propulsion; and
          (D) operates on the navigable waters of the United States, as
        defined in section 2101(17a) of that title.
    (b) Congressional declaration of policy against discharges of oil
      or hazardous substances; designation of hazardous substances;
      study of higher standard of care incentives and report to
      Congress; liability; penalties; civil actions: penalty
      limitations, separate offenses, jurisdiction, mitigation of
      damages and costs, recovery of removal costs, alternative
      remedies, and withholding clearance of vessels
      (1) The Congress hereby declares that it is the policy of the
    United States that there should be no discharges of oil or
    hazardous substances into or upon the navigable waters of the
    United States, adjoining shorelines, or into or upon the waters of
    the contiguous zone, or in connection with activities under the
    Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the
    Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.], or which may
    affect natural resources belonging to, appertaining to, or under
    the exclusive management authority of the United States (including
    resources under the Magnuson-Stevens Fishery Conservation and
    Management Act [16 U.S.C. 1801 et seq.]).
      (2)(A) The Administrator shall develop, promulgate, and revise as
    may be appropriate, regulations designating as hazardous
    substances, other than oil as defined in this section, such
    elements and compounds which, when discharged in any quantity into
    or upon the navigable waters of the United States or adjoining
    shorelines or the waters of the contiguous zone or in connection
    with activities under the Outer Continental Shelf Lands Act [43
    U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33 U.S.C.
    1501 et seq.], or which may affect natural resources belonging to,
    appertaining to, or under the exclusive management authority of the
    United States (including resources under the Magnuson-Stevens
    Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]),
    present an imminent and substantial danger to the public health or
    welfare, including, but not limited to, fish, shellfish, wildlife,
    shorelines, and beaches.
      (B) The Administrator shall within 18 months after the date of
    enactment of this paragraph, conduct a study and report to the
    Congress on methods, mechanisms, and procedures to create
    incentives to achieve a higher standard of care in all aspects of
    the management and movement of hazardous substances on the part of
    owners, operators, or persons in charge of onshore facilities,
    offshore facilities, or vessels. The Administrator shall include in
    such study (1) limits of liability, (2) liability for third party
    damages, (3) penalties and fees, (4) spill prevention plans, (5)
    current practices in the insurance and banking industries, and (6)
    whether the penalty enacted in subclause (bb) of clause (iii) of
    subparagraph (B) of subsection (b)(2) of section 311 of Public Law
    92-500 should be enacted.
      (3) The discharge of oil or hazardous substances (i) into or upon
    the navigable waters of the United States, adjoining shorelines, or
    into or upon the waters of the contiguous zone, or (ii) in
    connection with activities under the Outer Continental Shelf Lands
    Act [43 U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33
    U.S.C. 1501 et seq.], or which may affect natural resources
    belonging to, appertaining to, or under the exclusive management
    authority of the United States (including resources under the
    Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C.
    1801 et seq.]), in such quantities as may be harmful as determined
    by the President under paragraph (4) of this subsection, is
    prohibited, except (A) in the case of such discharges into the
    waters of the contiguous zone or which may affect natural resources
    belonging to, appertaining to, or under the exclusive management
    authority of the United States (including resources under the
    Magnuson-Stevens Fishery Conservation and Management Act), where
    permitted under the Protocol of 1978 Relating to the International
    Convention for the Prevention of Pollution from Ships, 1973, and
    (B) where permitted in quantities and at times and locations or
    under such circumstances or conditions as the President may, by
    regulation, determine not to be harmful. Any regulations issued
    under this subsection shall be consistent with maritime safety and
    with marine and navigation laws and regulations and applicable
    water quality standards.
      (4) The President shall by regulation determine for the purposes
    of this section those quantities of oil and any hazardous
    substances the discharge of which may be harmful to the public
    health or welfare or the environment of the United States,
    including but not limited to fish, shellfish, wildlife, and public
    and private property, shorelines, and beaches.
      (5) Any person in charge of a vessel or of an onshore facility or
    an offshore facility shall, as soon as he has knowledge of any
    discharge of oil or a hazardous substance from such vessel or
    facility in violation of paragraph (3) of this subsection,
    immediately notify the appropriate agency of the United States
    Government of such discharge. The Federal agency shall immediately
    notify the appropriate State agency of any State which is, or may
    reasonably be expected to be, affected by the discharge of oil or a
    hazardous substance. Any such person (A) in charge of a vessel from
    which oil or a hazardous substance is discharged in violation of
    paragraph (3)(i) of this subsection, or (B) in charge of a vessel
    from which oil or a hazardous substance is discharged in violation
    of paragraph (3)(ii) of this subsection and who is otherwise
    subject to the jurisdiction of the United States at the time of the
    discharge, or (C) in charge of an onshore facility or an offshore
    facility, who fails to notify immediately such agency of such
    discharge shall, upon conviction, be fined in accordance with title
    18, or imprisoned for not more than 5 years, or both. Notification
    received pursuant to this paragraph shall not be used against any
    such natural person in any criminal case, except a prosecution for
    perjury or for giving a false statement.
      (6) Administrative penalties. -
        (A) Violations. - Any owner, operator, or person in charge of
      any vessel, onshore facility, or offshore facility -
          (i) from which oil or a hazardous substance is discharged in
        violation of paragraph (3), or
          (ii) who fails or refuses to comply with any regulation
        issued under subsection (j) of this section to which that
        owner, operator, or person in charge is subject,
      may be assessed a class I or class II civil penalty by the
      Secretary of the department in which the Coast Guard is operating
      or the Administrator.
        (B) Classes of penalties. -
          (i) Class i. - The amount of a class I civil penalty under
        subparagraph (A) may not exceed $10,000 per violation, except
        that the maximum amount of any class I civil penalty under this
        subparagraph shall not exceed $25,000. Before assessing a civil
        penalty under this clause, the Administrator or Secretary, as
        the case may be, shall give to the person to be assessed such
        penalty written notice of the Administrator's or Secretary's
        proposal to assess the penalty and the opportunity to request,
        within 30 days of the date the notice is received by such
        person, a hearing on the proposed penalty. Such hearing shall
        not be subject to section 554 or 556 of title 5, but shall
        provide a reasonable opportunity to be heard and to present
        evidence.
          (ii) Class ii. - The amount of a class II civil penalty under
        subparagraph (A) may not exceed $10,000 per day for each day
        during which the violation continues; except that the maximum
        amount of any class II civil penalty under this subparagraph
        shall not exceed $125,000. Except as otherwise provided in this
        subsection, a class II civil penalty shall be assessed and
        collected in the same manner, and subject to the same
        provisions, as in the case of civil penalties assessed and
        collected after notice and opportunity for a hearing on the
        record in accordance with section 554 of title 5. The
        Administrator and Secretary may issue rules for discovery
        procedures for hearings under this paragraph.
        (C) Rights of interested persons. -
          (i) Public notice. - Before issuing an order assessing a
        class II civil penalty under this paragraph the Administrator
        or Secretary, as the case may be, shall provide public notice
        of and reasonable opportunity to comment on the proposed
        issuance of such order.
          (ii) Presentation of evidence. - Any person who comments on a
        proposed assessment of a class II civil penalty under this
        paragraph shall be given notice of any hearing held under this
        paragraph and of the order assessing such penalty. In any
        hearing held under this paragraph, such person shall have a
        reasonable opportunity to be heard and to present evidence.
          (iii) Rights of interested persons to a hearing. - If no
        hearing is held under subparagraph (B) before issuance of an
        order assessing a class II civil penalty under this paragraph,
        any person who commented on the proposed assessment may
        petition, within 30 days after the issuance of such order, the
        Administrator or Secretary, as the case may be, to set aside
        such order and to provide a hearing on the penalty. If the
        evidence presented by the petitioner in support of the petition
        is material and was not considered in the issuance of the
        order, the Administrator or Secretary shall immediately set
        aside such order and provide a hearing in accordance with
        subparagraph (B)(ii). If the Administrator or Secretary denies
        a hearing under this clause, the Administrator or Secretary
        shall provide to the petitioner, and publish in the Federal
        Register, notice of and the reasons for such denial.
        (D) Finality of order. - An order assessing a class II civil
      penalty under this paragraph shall become final 30 days after its
      issuance unless a petition for judicial review is filed under
      subparagraph (G) or a hearing is requested under subparagraph
      (C)(iii). If such a hearing is denied, such order shall become
      final 30 days after such denial.
        (E) Effect of order. - Action taken by the Administrator or
      Secretary, as the case may be, under this paragraph shall not
      affect or limit the Administrator's or Secretary's authority to
      enforce any provision of this chapter; except that any violation -
          (i) with respect to which the Administrator or Secretary has
        commenced and is diligently prosecuting an action to assess a
        class II civil penalty under this paragraph, or
          (ii) for which the Administrator or Secretary has issued a
        final order assessing a class II civil penalty not subject to
        further judicial review and the violator has paid a penalty
        assessed under this paragraph,
      shall not be the subject of a civil penalty action under section
      1319(d), 1319(g), or 1365 of this title or under paragraph (7).
        (F) Effect of action on compliance. - No action by the
      Administrator or Secretary under this paragraph shall affect any
      person's obligation to comply with any section of this chapter.
        (G) Judicial review. - Any person against whom a civil penalty
      is assessed under this paragraph or who commented on the proposed
      assessment of such penalty in accordance with subparagraph (C)
      may obtain review of such assessment -
          (i) in the case of assessment of a class I civil penalty, in
        the United States District Court for the District of Columbia
        or in the district in which the violation is alleged to have
        occurred, or
          (ii) in the case of assessment of a class II civil penalty,
        in United States Court of Appeals for the District of Columbia
        Circuit or for any other circuit in which such person resides
        or transacts business,
      by filing a notice of appeal in such court within the 30-day
      period beginning on the date the civil penalty order is issued
      and by simultaneously sending a copy of such notice by certified
      mail to the Administrator or Secretary, as the case may be, and
      the Attorney General. The Administrator or Secretary shall
      promptly file in such court a certified copy of the record on
      which the order was issued. Such court shall not set aside or
      remand such order unless there is not substantial evidence in the
      record, taken as a whole, to support the finding of a violation
      or unless the Administrator's or Secretary's assessment of the
      penalty constitutes an abuse of discretion and shall not impose
      additional civil penalties for the same violation unless the
      Administrator's or Secretary's assessment of the penalty
      constitutes an abuse of discretion.
        (H) Collection. - If any person fails to pay an assessment of a
      civil penalty -
          (i) after the assessment has become final, or
          (ii) after a court in an action brought under subparagraph
        (G) has entered a final judgment in favor of the Administrator
        or Secretary, as the case may be,
      the Administrator or Secretary shall request the Attorney General
      to bring a civil action in an appropriate district court to
      recover the amount assessed (plus interest at currently
      prevailing rates from the date of the final order or the date of
      the final judgment, as the case may be). In such an action, the
      validity, amount, and appropriateness of such penalty shall not
      be subject to review. Any person who fails to pay on a timely
      basis the amount of an assessment of a civil penalty as described
      in the first sentence of this subparagraph shall be required to
      pay, in addition to such amount and interest, attorneys fees and
      costs for collection proceedings and a quarterly nonpayment
      penalty for each quarter during which such failure to pay
      persists. Such nonpayment penalty shall be in an amount equal to
      20 percent of the aggregate amount of such person's penalties and
      nonpayment penalties which are unpaid as of the beginning of such
      quarter.
        (I) Subpoenas. - The Administrator or Secretary, as the case
      may be, may issue subpoenas for the attendance and testimony of
      witnesses and the production of relevant papers, books, or
      documents in connection with hearings under this paragraph. In
      case of contumacy or refusal to obey a subpoena issued pursuant
      to this subparagraph and served upon any person, the district
      court of the United States for any district in which such person
      is found, resides, or transacts business, upon application by the
      United States and after notice to such person, shall have
      jurisdiction to issue an order requiring such person to appear
      and give testimony before the administrative law judge or to
      appear and produce documents before the administrative law judge,
      or both, and any failure to obey such order of the court may be
      punished by such court as a contempt thereof.
      (7) Civil penalty action. -
        (A) Discharge, generally. - Any person who is the owner,
      operator, or person in charge of any vessel, onshore facility, or
      offshore facility from which oil or a hazardous substance is
      discharged in violation of paragraph (3), shall be subject to a
      civil penalty in an amount up to $25,000 per day of violation or
      an amount up to $1,000 per barrel of oil or unit of reportable
      quantity of hazardous substances discharged.
        (B) Failure to remove or comply. - Any person described in
      subparagraph (A) who, without sufficient cause -
          (i) fails to properly carry out removal of the discharge
        under an order of the President pursuant to subsection (c) of
        this section; or
          (ii) fails to comply with an order pursuant to subsection
        (e)(1)(B) of this section;
      shall be subject to a civil penalty in an amount up to $25,000
      per day of violation or an amount up to 3 times the costs
      incurred by the Oil Spill Liability Trust Fund as a result of
      such failure.
        (C) Failure to comply with regulation. - Any person who fails
      or refuses to comply with any regulation issued under subsection
      (j) of this section shall be subject to a civil penalty in an
      amount up to $25,000 per day of violation.
        (D) Gross negligence. - In any case in which a violation of
      paragraph (3) was the result of gross negligence or willful
      misconduct of a person described in subparagraph (A), the person
      shall be subject to a civil penalty of not less than $100,000,
      and not more than $3,000 per barrel of oil or unit of reportable
      quantity of hazardous substance discharged.
        (E) Jurisdiction. - An action to impose a civil penalty under
      this paragraph may be brought in the district court of the United
      States for the district in which the defendant is located,
      resides, or is doing business, and such court shall have
      jurisdiction to assess such penalty.
        (F) Limitation. - A person is not liable for a civil penalty
      under this paragraph for a discharge if the person has been
      assessed a civil penalty under paragraph (6) for the discharge.
      (8) Determination of amount. - In determining the amount of a
    civil penalty under paragraphs (6) and (7), the Administrator,
    Secretary, or the court, as the case may be, shall consider the
    seriousness of the violation or violations, the economic benefit to
    the violator, if any, resulting from the violation, the degree of
    culpability involved, any other penalty for the same incident, any
    history of prior violations, the nature, extent, and degree of
    success of any efforts of the violator to minimize or mitigate the
    effects of the discharge, the economic impact of the penalty on the
    violator, and any other matters as justice may require.
      (9) Mitigation of damage. - In addition to establishing a penalty
    for the discharge of oil or a hazardous substance, the
    Administrator or the Secretary of the department in which the Coast
    Guard is operating may act to mitigate the damage to the public
    health or welfare caused by such discharge. The cost of such
    mitigation shall be deemed a cost incurred under subsection (c) of
    this section for the removal of such substance by the United States
    Government.
      (10) Recovery of removal costs. - Any costs of removal incurred
    in connection with a discharge excluded by subsection (a)(2)(C) of
    this section shall be recoverable from the owner or operator of the
    source of the discharge in an action brought under section 1319(b)
    of this title.
      (11) Limitation. - Civil penalties shall not be assessed under
    both this section and section 1319 of this title for the same
    discharge.
      (12) Withholding clearance. - If any owner, operator, or person
    in charge of a vessel is liable for a civil penalty under this
    subsection, or if reasonable cause exists to believe that the
    owner, operator, or person in charge may be subject to a civil
    penalty under this subsection, the Secretary of the Treasury, upon
    the request of the Secretary of the department in which the Coast
    Guard is operating or the Administrator, shall with respect to such
    vessel refuse or revoke -
        (A) the clearance required by section 60105 of title 46;
        (B) a permit to proceed under section 4367 of the Revised
      Statutes of the United States (46 U.S.C. App. 313); (!2) and
        (C) a permit to depart required under section 1443 (!2) of
      title 19;
    as applicable. Clearance or a permit refused or revoked under this
    paragraph may be granted upon the filing of a bond or other surety
    satisfactory to the Secretary of the department in which the Coast
    Guard is operating or the Administrator.
    (c) Federal removal authority
      (1) General removal requirement
        (A) The President shall, in accordance with the National
      Contingency Plan and any appropriate Area Contingency Plan,
      ensure effective and immediate removal of a discharge, and
      mitigation or prevention of a substantial threat of a discharge,
      of oil or a hazardous substance -
          (i) into or on the navigable waters;
          (ii) on the adjoining shorelines to the navigable waters;
          (iii) into or on the waters of the exclusive economic zone;
        or
          (iv) that may affect natural resources belonging to,
        appertaining to, or under the exclusive management authority of
        the United States.
        (B) In carrying out this paragraph, the President may -
          (i) remove or arrange for the removal of a discharge, and
        mitigate or prevent a substantial threat of a discharge, at any
        time;
          (ii) direct or monitor all Federal, State, and private
        actions to remove a discharge; and
          (iii) remove and, if necessary, destroy a vessel discharging,
        or threatening to discharge, by whatever means are available.
      (2) Discharge posing substantial threat to public health or
        welfare
        (A) If a discharge, or a substantial threat of a discharge, of
      oil or a hazardous substance from a vessel, offshore facility, or
      onshore facility is of such a size or character as to be a
      substantial threat to the public health or welfare of the United
      States (including but not limited to fish, shellfish, wildlife,
      other natural resources, and the public and private beaches and
      shorelines of the United States), the President shall direct all
      Federal, State, and private actions to remove the discharge or to
      mitigate or prevent the threat of the discharge.
        (B) In carrying out this paragraph, the President may, without
      regard to any other provision of law governing contracting
      procedures or employment of personnel by the Federal Government -
          (i) remove or arrange for the removal of the discharge, or
        mitigate or prevent the substantial threat of the discharge;
        and
          (ii) remove and, if necessary, destroy a vessel discharging,
        or threatening to discharge, by whatever means are available.
      (3) Actions in accordance with National Contingency Plan
        (A) Each Federal agency, State, owner or operator, or other
      person participating in efforts under this subsection shall act
      in accordance with the National Contingency Plan or as directed
      by the President.
        (B) An owner or operator participating in efforts under this
      subsection shall act in accordance with the National Contingency
      Plan and the applicable response plan required under subsection
      (j) of this section, or as directed by the President, except that
      the owner or operator may deviate from the applicable response
      plan if the President or the Federal On-Scene Coordinator
      determines that deviation from the response plan would provide
      for a more expeditious or effective response to the spill or
      mitigation of its environmental effects.
      (4) Exemption from liability
        (A) A person is not liable for removal costs or damages which
      result from actions taken or omitted to be taken in the course of
      rendering care, assistance, or advice consistent with the
      National Contingency Plan or as otherwise directed by the
      President relating to a discharge or a substantial threat of a
      discharge of oil or a hazardous substance.
        (B) Subparagraph (A) does not apply -
          (i) to a responsible party;
          (ii) to a response under the Comprehensive Environmental
        Response, Compensation, and Liability Act of 1980 (42 U.S.C.
        9601 et seq.);
          (iii) with respect to personal injury or wrongful death; or
          (iv) if the person is grossly negligent or engages in willful
        misconduct.
        (C) A responsible party is liable for any removal costs and
      damages that another person is relieved of under subparagraph
      (A).
      (5) Obligation and liability of owner or operator not affected
        Nothing in this subsection affects -
          (A) the obligation of an owner or operator to respond
        immediately to a discharge, or the threat of a discharge, of
        oil; or
          (B) the liability of a responsible party under the Oil
        Pollution Act of 1990 [33 U.S.C. 2701 et seq.].
      (6) "Responsible party" defined
        For purposes of this subsection, the term "responsible party"
      has the meaning given that term under section 1001 of the Oil
      Pollution Act of 1990 [33 U.S.C. 2701].
    (d) National Contingency Plan
      (1) Preparation by President
        The President shall prepare and publish a National Contingency
      Plan for removal of oil and hazardous substances pursuant to this
      section.
      (2) Contents
        The National Contingency Plan shall provide for efficient,
      coordinated, and effective action to minimize damage from oil and
      hazardous substance discharges, including containment, dispersal,
      and removal of oil and hazardous substances, and shall include,
      but not be limited to, the following:
          (A) Assignment of duties and responsibilities among Federal
        departments and agencies in coordination with State and local
        agencies and port authorities including, but not limited to,
        water pollution control and conservation and trusteeship of
        natural resources (including conservation of fish and
        wildlife).
          (B) Identification, procurement, maintenance, and storage of
        equipment and supplies.
          (C) Establishment or designation of Coast Guard strike teams,
        consisting of -
            (i) personnel who shall be trained, prepared, and available
          to provide necessary services to carry out the National
          Contingency Plan;
            (ii) adequate oil and hazardous substance pollution control
          equipment and material; and
            (iii) a detailed oil and hazardous substance pollution and
          prevention plan, including measures to protect fisheries and
          wildlife.
          (D) A system of surveillance and notice designed to safeguard
        against as well as ensure earliest possible notice of
        discharges of oil and hazardous substances and imminent threats
        of such discharges to the appropriate State and Federal
        agencies.
          (E) Establishment of a national center to provide
        coordination and direction for operations in carrying out the
        Plan.
          (F) Procedures and techniques to be employed in identifying,
        containing, dispersing, and removing oil and hazardous
        substances.
          (G) A schedule, prepared in cooperation with the States,
        identifying -
            (i) dispersants, other chemicals, and other spill
          mitigating devices and substances, if any, that may be used
          in carrying out the Plan,
            (ii) the waters in which such dispersants, other chemicals,
          and other spill mitigating devices and substances may be
          used, and
            (iii) the quantities of such dispersant, other chemicals,
          or other spill mitigating device or substance which can be
          used safely in such waters,
        which schedule shall provide in the case of any dispersant,
        chemical, spill mitigating device or substance, or waters not
        specifically identified in such schedule that the President, or
        his delegate, may, on a case-by-case basis, identify the
        dispersants, other chemicals, and other spill mitigating
        devices and substances which may be used, the waters in which
        they may be used, and the quantities which can be used safely
        in such waters.
          (H) A system whereby the State or States affected by a
        discharge of oil or hazardous substance may act where necessary
        to remove such discharge and such State or States may be
        reimbursed in accordance with the Oil Pollution Act of 1990 [33
        U.S.C. 2701 et seq.], in the case of any discharge of oil from
        a vessel or facility, for the reasonable costs incurred for
        that removal, from the Oil Spill Liability Trust Fund.
          (I) Establishment of criteria and procedures to ensure
        immediate and effective Federal identification of, and response
        to, a discharge, or the threat of a discharge, that results in
        a substantial threat to the public health or welfare of the
        United States, as required under subsection (c)(2) of this
        section.
          (J) Establishment of procedures and standards for removing a
        worst case discharge of oil, and for mitigating or preventing a
        substantial threat of such a discharge.
          (K) Designation of the Federal official who shall be the
        Federal On-Scene Coordinator for each area for which an Area
        Contingency Plan is required to be prepared under subsection
        (j) of this section.
          (L) Establishment of procedures for the coordination of
        activities of -
            (i) Coast Guard strike teams established under subparagraph
          (C);
            (ii) Federal On-Scene Coordinators designated under
          subparagraph (K);
            (iii) District Response Groups established under subsection
          (j) of this section; and
            (iv) Area Committees established under subsection (j) of
          this section.
          (M) A fish and wildlife response plan, developed in
        consultation with the United States Fish and Wildlife Service,
        the National Oceanic and Atmospheric Administration, and other
        interested parties (including State fish and wildlife
        conservation officials), for the immediate and effective
        protection, rescue, and rehabilitation of, and the minimization
        of risk of damage to, fish and wildlife resources and their
        habitat that are harmed or that may be jeopardized by a
        discharge.
      (3) Revisions and amendments
        The President may, from time to time, as the President deems
      advisable, revise or otherwise amend the National Contingency
      Plan.
      (4) Actions in accordance with National Contingency Plan
        After publication of the National Contingency Plan, the removal
      of oil and hazardous substances and actions to minimize damage
      from oil and hazardous substance discharges shall, to the
      greatest extent possible, be in accordance with the National
      Contingency Plan.
    (e) Civil enforcement
      (1) Orders protecting public health
        In addition to any action taken by a State or local government,
      when the President determines that there may be an imminent and
      substantial threat to the public health or welfare of the United
      States, including fish, shellfish, and wildlife, public and
      private property, shorelines, beaches, habitat, and other living
      and nonliving natural resources under the jurisdiction or control
      of the United States, because of an actual or threatened
      discharge of oil or a hazardous substance from a vessel or
      facility in violation of subsection (b) of this section, the
      President may -
          (A) require the Attorney General to secure any relief from
        any person, including the owner or operator of the vessel or
        facility, as may be necessary to abate such endangerment; or
          (B) after notice to the affected State, take any other action
        under this section, including issuing administrative orders,
        that may be necessary to protect the public health and welfare.
      (2) Jurisdiction of district courts
        The district courts of the United States shall have
      jurisdiction to grant any relief under this subsection that the
      public interest and the equities of the case may require.
    (f) Liability for actual costs of removal
      (1) Except where an owner or operator can prove that a discharge
    was caused solely by (A) an act of God, (B) an act of war, (C)
    negligence on the part of the United States Government, or (D) an
    act or omission of a third party without regard to whether any such
    act or omission was or was not negligent, or any combination of the
    foregoing clauses, such owner or operator of any vessel from which
    oil or a hazardous substance is discharged in violation of
    subsection (b)(3) of this section shall, notwithstanding any other
    provision of law, be liable to the United States Government for the
    actual costs incurred under subsection (c) of this section for the
    removal of such oil or substance by the United States Government in
    an amount not to exceed, in the case of an inland oil barge $125
    per gross ton of such barge, or $125,000, whichever is greater, and
    in the case of any other vessel, $150 per gross ton of such vessel
    (or, for a vessel carrying oil or hazardous substances as cargo,
    $250,000), whichever is greater, except that where the United
    States can show that such discharge was the result of willful
    negligence or willful misconduct within the privity and knowledge
    of the owner, such owner or operator shall be liable to the United
    States Government for the full amount of such costs. Such costs
    shall constitute a maritime lien on such vessel which may be
    recovered in an action in rem in the district court of the United
    States for any district within which any vessel may be found. The
    United States may also bring an action against the owner or
    operator of such vessel in any court of competent jurisdiction to
    recover such costs.
      (2) Except where an owner or operator of an onshore facility can
    prove that a discharge was caused solely by (A) an act of God, (B)
    an act of war, (C) negligence on the part of the United States
    Government, or (D) an act or omission of a third party without
    regard to whether any such act or omission was or was not
    negligent, or any combination of the foregoing clauses, such owner
    or operator of any such facility from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section shall be liable to the United States Government for the
    actual costs incurred under subsection (c) of this section for the
    removal of such oil or substance by the United States Government in
    an amount not to exceed $50,000,000, except that where the United
    States can show that such discharge was the result of willful
    negligence or willful misconduct within the privity and knowledge
    of the owner, such owner or operator shall be liable to the United
    States Government for the full amount of such costs. The United
    States may bring an action against the owner or operator of such
    facility in any court of competent jurisdiction to recover such
    costs. The Administrator is authorized, by regulation, after
    consultation with the Secretary of Commerce and the Small Business
    Administration, to establish reasonable and equitable
    classifications of those onshore facilities having a total fixed
    storage capacity of 1,000 barrels or less which he determines
    because of size, type, and location do not present a substantial
    risk of the discharge of oil or a hazardous substance in violation
    of subsection (b)(3) of this section, and apply with respect to
    such classifications differing limits of liability which may be
    less than the amount contained in this paragraph.
      (3) Except where an owner or operator of an offshore facility can
    prove that a discharge was caused solely by (A) an act of God, (B)
    an act of war, (C) negligence on the part of the United States
    Government, or (D) an act or omission of a third party without
    regard to whether any such act or omission was or was not
    negligent, or any combination of the foregoing clauses, such owner
    or operator of any such facility from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section shall, notwithstanding any other provision of law, be
    liable to the United States Government for the actual costs
    incurred under subsection (c) of this section for the removal of
    such oil or substance by the United States Government in an amount
    not to exceed $50,000,000, except that where the United States can
    show that such discharge was the result of willful negligence or
    willful misconduct within the privity and knowledge of the owner,
    such owner or operator shall be liable to the United States
    Government for the full amount of such costs. The United States may
    bring an action against the owner or operator of such a facility in
    any court of competent jurisdiction to recover such costs.
      (4) The costs of removal of oil or a hazardous substance for
    which the owner or operator of a vessel or onshore or offshore
    facility is liable under subsection (f) of this section shall
    include any costs or expenses incurred by the Federal Government or
    any State government in the restoration or replacement of natural
    resources damaged or destroyed as a result of a discharge of oil or
    a hazardous substance in violation of subsection (b) of this
    section.
      (5) The President, or the authorized representative of any State,
    shall act on behalf of the public as trustee of the natural
    resources to recover for the costs of replacing or restoring such
    resources. Sums recovered shall be used to restore, rehabilitate,
    or acquire the equivalent of such natural resources by the
    appropriate agencies of the Federal Government, or the State
    government.
    (g) Third party liability
      Where the owner or operator of a vessel (other than an inland oil
    barge) carrying oil or hazardous substances as cargo or an onshore
    or offshore facility which handles or stores oil or hazardous
    substances in bulk, from which oil or a hazardous substance is
    discharged in violation of subsection (b) of this section, alleges
    that such discharge was caused solely by an act or omission of a
    third party, such owner or operator shall pay to the United States
    Government the actual costs incurred under subsection (c) of this
    section for removal of such oil or substance and shall be entitled
    by subrogation to all rights of the United States Government to
    recover such costs from such third party under this subsection. In
    any case where an owner or operator of a vessel, of an onshore
    facility, or of an offshore facility, from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section, proves that such discharge of oil or hazardous substance
    was caused solely by an act or omission of a third party, or was
    caused solely by such an act or omission in combination with an act
    of God, an act of war, or negligence on the part of the United
    States Government, such third party shall, notwithstanding any
    other provision of law, be liable to the United States Government
    for the actual costs incurred under subsection (c) of this section
    for removal of such oil or substance by the United States
    Government, except where such third party can prove that such
    discharge was caused solely by (A) an act of God, (B) an act of
    war, (C) negligence on the part of the United States Government, or
    (D) an act or omission of another party without regard to whether
    such act or omission was or was not negligent, or any combination
    of the foregoing clauses. If such third party was the owner or
    operator of a vessel which caused the discharge of oil or a
    hazardous substance in violation of subsection (b)(3) of this
    section, the liability of such third party under this subsection
    shall not exceed, in the case of an inland oil barge $125 per gross
    ton of such barge, or $125,000, whichever is greater, and in the
    case of any other vessel, $150 per gross ton of such vessel (or,
    for a vessel carrying oil or hazardous substances as cargo,
    $250,000), whichever is greater. In any other case the liability of
    such third party shall not exceed the limitation which would have
    been applicable to the owner or operator of the vessel or the
    onshore or offshore facility from which the discharge actually
    occurred if such owner or operator were liable. If the United
    States can show that the discharge of oil or a hazardous substance
    in violation of subsection (b)(3) of this section was the result of
    willful negligence or willful misconduct within the privity and
    knowledge of such third party, such third party shall be liable to
    the United States Government for the full amount of such removal
    costs. The United States may bring an action against the third
    party in any court of competent jurisdiction to recover such
    removal costs.
    (h) Rights against third parties who caused or contributed to
      discharge
      The liabilities established by this section shall in no way
    affect any rights which (1) the owner or operator of a vessel or of
    an onshore facility or an offshore facility may have against any
    third party whose acts may in any way have caused or contributed to
    such discharge, or (2) the United States Government may have
    against any third party whose actions may in any way have caused or
    contributed to the discharge of oil or hazardous substance.
    (i) Recovery of removal costs
      In any case where an owner or operator of a vessel or an onshore
    facility or an offshore facility from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section acts to remove such oil or substance in accordance with
    regulations promulgated pursuant to this section, such owner or
    operator shall be entitled to recover the reasonable costs incurred
    in such removal upon establishing, in a suit which may be brought
    against the United States Government in the United States Court of
    Federal Claims, that such discharge was caused solely by (A) an act
    of God, (B) an act of war, (C) negligence on the part of the United
    States Government, or (D) an act or omission of a third party
    without regard to whether such act or omission was or was not
    negligent, or of any combination of the foregoing causes.
    (j) National Response System
      (1) In general
        Consistent with the National Contingency Plan required by
      subsection (c)(2) of this section, as soon as practicable after
      October 18, 1972, and from time to time thereafter, the President
      shall issue regulations consistent with maritime safety and with
      marine and navigation laws (A) establishing methods and
      procedures for removal of discharged oil and hazardous
      substances, (B) establishing criteria for the development and
      implementation of local and regional oil and hazardous substance
      removal contingency plans, (C) establishing procedures, methods,
      and equipment and other requirements for equipment to prevent
      discharges of oil and hazardous substances from vessels and from
      onshore facilities and offshore facilities, and to contain such
      discharges, and (D) governing the inspection of vessels carrying
      cargoes of oil and hazardous substances and the inspection of
      such cargoes in order to reduce the likelihood of discharges of
      oil from vessels in violation of this section.
      (2) National Response Unit
        The Secretary of the department in which the Coast Guard is
      operating shall establish a National Response Unit at Elizabeth
      City, North Carolina. The Secretary, acting through the National
      Response Unit -
          (A) shall compile and maintain a comprehensive computer list
        of spill removal resources, personnel, and equipment that is
        available worldwide and within the areas designated by the
        President pursuant to paragraph (4), and of information
        regarding previous spills, including data from universities,
        research institutions, State governments, and other nations, as
        appropriate, which shall be disseminated as appropriate to
        response groups and area committees, and which shall be
        available to Federal and State agencies and the public;
          (B) shall provide technical assistance, equipment, and other
        resources requested by a Federal On-Scene Coordinator;
          (C) shall coordinate use of private and public personnel and
        equipment to remove a worst case discharge, and to mitigate or
        prevent a substantial threat of such a discharge, from a
        vessel, offshore facility, or onshore facility operating in or
        near an area designated by the President pursuant to paragraph
        (4);
          (D) may provide technical assistance in the preparation of
        Area Contingency Plans required under paragraph (4);
          (E) shall administer Coast Guard strike teams established
        under the National Contingency Plan;
          (F) shall maintain on file all Area Contingency Plans
        approved by the President under this subsection; and
          (G) shall review each of those plans that affects its
        responsibilities under this subsection.
      (3) Coast Guard District Response Groups
        (A) The Secretary of the department in which the Coast Guard is
      operating shall establish in each Coast Guard district a Coast
      Guard District Response Group.
        (B) Each Coast Guard District Response Group shall consist of -
          (i) the Coast Guard personnel and equipment, including
        firefighting equipment, of each port within the district;
          (ii) additional prepositioned equipment; and
          (iii) a district response advisory staff.
        (C) Coast Guard district response groups -
          (i) shall provide technical assistance, equipment, and other
        resources when required by a Federal On-Scene Coordinator;
          (ii) shall maintain all Coast Guard response equipment within
        its district;
          (iii) may provide technical assistance in the preparation of
        Area Contingency Plans required under paragraph (4); and
          (iv) shall review each of those plans that affect its area of
        geographic responsibility.
      (4) Area Committees and Area Contingency Plans
        (A) There is established for each area designated by the
      President an Area Committee comprised of members appointed by the
      President from qualified personnel of Federal, State, and local
      agencies.
        (B) Each Area Committee, under the direction of the Federal On-
      Scene Coordinator for its area, shall -
          (i) prepare for its area the Area Contingency Plan required
        under subparagraph (C);
          (ii) work with State and local officials to enhance the
        contingency planning of those officials and to assure
        preplanning of joint response efforts, including appropriate
        procedures for mechanical recovery, dispersal, shoreline
        cleanup, protection of sensitive environmental areas, and
        protection, rescue, and rehabilitation of fisheries and
        wildlife; and
          (iii) work with State and local officials to expedite
        decisions for the use of dispersants and other mitigating
        substances and devices.
        (C) Each Area Committee shall prepare and submit to the
      President for approval an Area Contingency Plan for its area. The
      Area Contingency Plan shall -
          (i) when implemented in conjunction with the National
        Contingency Plan, be adequate to remove a worst case discharge,
        and to mitigate or prevent a substantial threat of such a
        discharge, from a vessel, offshore facility, or onshore
        facility operating in or near the area;
          (ii) describe the area covered by the plan, including the
        areas of special economic or environmental importance that
        might be damaged by a discharge;
          (iii) describe in detail the responsibilities of an owner or
        operator and of Federal, State, and local agencies in removing
        a discharge, and in mitigating or preventing a substantial
        threat of a discharge;
          (iv) list the equipment (including firefighting equipment),
        dispersants or other mitigating substances and devices, and
        personnel available to an owner or operator and Federal, State,
        and local agencies, to ensure an effective and immediate
        removal of a discharge, and to ensure mitigation or prevention
        of a substantial threat of a discharge;
          (v) compile a list of local scientists, both inside and
        outside Federal Government service, with expertise in the
        environmental effects of spills of the types of oil typically
        transported in the area, who may be contacted to provide
        information or, where appropriate, participate in meetings of
        the scientific support team convened in response to a spill,
        and describe the procedures to be followed for obtaining an
        expedited decision regarding the use of dispersants;
          (vi) describe in detail how the plan is integrated into other
        Area Contingency Plans and vessel, offshore facility, and
        onshore facility response plans approved under this subsection,
        and into operating procedures of the National Response Unit;
          (vii) include any other information the President requires;
        and
          (viii) be updated periodically by the Area Committee.
        (D) The President shall -
          (i) review and approve Area Contingency Plans under this
        paragraph; and
          (ii) periodically review Area Contingency Plans so approved.
      (5) Tank vessel, nontank vessel, and facility response plans
        (A)(i) The President shall issue regulations which require an
      owner or operator of a tank vessel or facility described in
      subparagraph (C) to prepare and submit to the President a plan
      for responding, to the maximum extent practicable, to a worst
      case discharge, and to a substantial threat of such a discharge,
      of oil or a hazardous substance.
        (ii) The President shall also issue regulations which require
      an owner or operator of a nontank vessel to prepare and submit to
      the President a plan for responding, to the maximum extent
      practicable, to a worst case discharge, and to a substantial
      threat of such a discharge, of oil.
        (B) The Secretary of the Department in which the Coast Guard is
      operating may issue regulations which require an owner or
      operator of a tank vessel, a nontank vessel, or a facility
      described in subparagraph (C) that transfers noxious liquid
      substances in bulk to or from a vessel to prepare and submit to
      the Secretary a plan for responding, to the maximum extent
      practicable, to a worst case discharge, and to a substantial
      threat of such a discharge, of a noxious liquid substance that is
      not designated as a hazardous substance or regulated as oil in
      any other law or regulation. For purposes of this paragraph, the
      term "noxious liquid substance" has the same meaning when that
      term is used in the MARPOL Protocol described in section
      1901(a)(3) (!2) of this title.
        (C) The tank vessels, nontank vessels, and facilities referred
      to in subparagraphs (A) and (B) are the following:
          (i) A tank vessel, as defined under section 2101 of title 46.
          (ii) A nontank vessel.
          (iii) An offshore facility.
          (iv) An onshore facility that, because of its location, could
        reasonably be expected to cause substantial harm to the
        environment by discharging into or on the navigable waters,
        adjoining shorelines, or the exclusive economic zone.
        (D) A response plan required under this paragraph shall -
          (i) be consistent with the requirements of the National
        Contingency Plan and Area Contingency Plans;
          (ii) identify the qualified individual having full authority
        to implement removal actions, and require immediate
        communications between that individual and the appropriate
        Federal official and the persons providing personnel and
        equipment pursuant to clause (iii);
          (iii) identify, and ensure by contract or other means
        approved by the President the availability of, private
        personnel and equipment necessary to remove to the maximum
        extent practicable a worst case discharge (including a
        discharge resulting from fire or explosion), and to mitigate or
        prevent a substantial threat of such a discharge;
          (iv) describe the training, equipment testing, periodic
        unannounced drills, and response actions of persons on the
        vessel or at the facility, to be carried out under the plan to
        ensure the safety of the vessel or facility and to mitigate or
        prevent the discharge, or the substantial threat of a
        discharge;
          (v) be updated periodically; and
          (vi) be resubmitted for approval of each significant change.
        (E) With respect to any response plan submitted under this
      paragraph for an onshore facility that, because of its location,
      could reasonably be expected to cause significant and substantial
      harm to the environment by discharging into or on the navigable
      waters or adjoining shorelines or the exclusive economic zone,
      and with respect to each response plan submitted under this
      paragraph for a tank vessel, nontank vessel, or offshore
      facility, the President shall -
          (i) promptly review such response plan;
          (ii) require amendments to any plan that does not meet the
        requirements of this paragraph;
          (iii) approve any plan that meets the requirements of this
        paragraph;
          (iv) review each plan periodically thereafter; and
          (v) in the case of a plan for a nontank vessel, consider any
        applicable State-mandated response plan in effect on August 9,
        2004, and ensure consistency to the extent practicable.
        (F) A tank vessel, nontank vessel, offshore facility, or
      onshore facility required to prepare a response plan under this
      subsection may not handle, store, or transport oil unless -
          (i) in the case of a tank vessel, nontank vessel, offshore
        facility, or onshore facility for which a response plan is
        reviewed by the President under subparagraph (E), the plan has
        been approved by the President; and
          (ii) the vessel or facility is operating in compliance with
        the plan.
        (G) Notwithstanding subparagraph (E), the President may
      authorize a tank vessel, nontank vessel, offshore facility, or
      onshore facility to operate without a response plan approved
      under this paragraph, until not later than 2 years after the date
      of the submission to the President of a plan for the tank vessel,
      nontank vessel, or facility, if the owner or operator certifies
      that the owner or operator has ensured by contract or other means
      approved by the President the availability of private personnel
      and equipment necessary to respond, to the maximum extent
      practicable, to a worst case discharge or a substantial threat of
      such a discharge.
        (H) The owner or operator of a tank vessel, nontank vessel,
      offshore facility, or onshore facility may not claim as a defense
      to liability under title I of the Oil Pollution Act of 1990 [33
      U.S.C. 2701 et seq.] that the owner or operator was acting in
      accordance with an approved response plan.
        (I) The Secretary shall maintain, in the Vessel Identification
      System established under chapter 125 of title 46, the dates of
      approval and review of a response plan under this paragraph for
      each tank vessel and nontank vessel that is a vessel of the
      United States.
      (6) Equipment requirements and inspection
        The President may require -
          (A) periodic inspection of containment booms, skimmers,
        vessels, and other major equipment used to remove discharges;
        and
          (B) vessels operating on navigable waters and carrying oil or
        a hazardous substance in bulk as cargo, and nontank vessels
        carrying oil of any kind as fuel for main propulsion, to carry
        appropriate removal equipment that employs the best technology
        economically feasible and that is compatible with the safe
        operation of the vessel.
      (7) Area drills
        The President shall periodically conduct drills of removal
      capability, without prior notice, in areas for which Area
      Contingency Plans are required under this subsection and under
      relevant tank vessel, nontank vessel, and facility response
      plans. The drills may include participation by Federal, State,
      and local agencies, the owners and operators of vessels and
      facilities in the area, and private industry. The President may
      publish annual reports on these drills, including assessments of
      the effectiveness of the plans and a list of amendments made to
      improve plans.
      (8) United States Government not liable
        The United States Government is not liable for any damages
      arising from its actions or omissions relating to any response
      plan required by this section.
    (k) Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(2), Aug. 18,
      1990, 104 Stat. 507
    (l) Administration
      The President is authorized to delegate the administration of
    this section to the heads of those Federal departments, agencies,
    and instrumentalities which he determines to be appropriate. Each
    such department, agency, and instrumentality, in order to avoid
    duplication of effort, shall, whenever appropriate, utilize the
    personnel, services, and facilities of other Federal departments,
    agencies, and instrumentalities.
    (m) Administrative provisions
      (1) For vessels
        Anyone authorized by the President to enforce the provisions of
      this section with respect to any vessel may, except as to public
      vessels -
          (A) board and inspect any vessel upon the navigable waters of
        the United States or the waters of the contiguous zone,
          (B) with or without a warrant, arrest any person who in the
        presence or view of the authorized person violates the
        provisions of this section or any regulation issued thereunder,
        and
          (C) execute any warrant or other process issued by an officer
        or court of competent jurisdiction.
      (2) For facilities
        (A) Recordkeeping
          Whenever required to carry out the purposes of this section,
        the Administrator or the Secretary of the Department in which
        the Coast Guard is operating shall require the owner or
        operator of a facility to which this section applies to
        establish and maintain such records, make such reports,
        install, use, and maintain such monitoring equipment and
        methods, and provide such other information as the
        Administrator or Secretary, as the case may be, may require to
        carry out the objectives of this section.
        (B) Entry and inspection
          Whenever required to carry out the purposes of this section,
        the Administrator or the Secretary of the Department in which
        the Coast Guard is operating or an authorized representative of
        the Administrator or Secretary, upon presentation of
        appropriate credentials, may -
            (i) enter and inspect any facility to which this section
          applies, including any facility at which any records are
          required to be maintained under subparagraph (A); and
            (ii) at reasonable times, have access to and copy any
          records, take samples, and inspect any monitoring equipment
          or methods required under subparagraph (A).
        (C) Arrests and execution of warrants
          Anyone authorized by the Administrator or the Secretary of
        the department in which the Coast Guard is operating to enforce
        the provisions of this section with respect to any facility may
        -
            (i) with or without a warrant, arrest any person who
          violates the provisions of this section or any regulation
          issued thereunder in the presence or view of the person so
          authorized; and
            (ii) execute any warrant or process issued by an officer or
          court of competent jurisdiction.
        (D) Public access
          Any records, reports, or information obtained under this
        paragraph shall be subject to the same public access and
        disclosure requirements which are applicable to records,
        reports, and information obtained pursuant to section 1318 of
        this title.
    (n) Jurisdiction
      The several district courts of the United States are invested
    with jurisdiction for any actions, other than actions pursuant to
    subsection (i)(1) of this section, arising under this section. In
    the case of Guam and the Trust Territory of the Pacific Islands,
    such actions may be brought in the district court of Guam, and in
    the case of the Virgin Islands such actions may be brought in the
    district court of the Virgin Islands. In the case of American Samoa
    and the Trust Territory of the Pacific Islands, such actions may be
    brought in the District Court of the United States for the District
    of Hawaii and such court shall have jurisdiction of such actions.
    In the case of the Canal Zone, such actions may be brought in the
    United States District Court for the District of the Canal Zone.
    (o) Obligation for damages unaffected; local authority not
      preempted; existing Federal authority not modified or affected
      (1) Nothing in this section shall affect or modify in any way the
    obligations of any owner or operator of any vessel, or of any owner
    or operator of any onshore facility or offshore facility to any
    person or agency under any provision of law for damages to any
    publicly owned or privately owned property resulting from a
    discharge of any oil or hazardous substance or from the removal of
    any such oil or hazardous substance.
      (2) Nothing in this section shall be construed as preempting any
    State or political subdivision thereof from imposing any
    requirement or liability with respect to the discharge of oil or
    hazardous substance into any waters within such State, or with
    respect to any removal activities related to such discharge.
      (3) Nothing in this section shall be construed as affecting or
    modifying any other existing authority of any Federal department,
    agency, or instrumentality, relative to onshore or offshore
    facilities under this chapter or any other provision of law, or to
    affect any State or local law not in conflict with this section.
    (p) Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(4), Aug. 18,
      1990, 104 Stat. 507
    (q) Establishment of maximum limit of liability with respect to
      onshore or offshore facilities
      The President is authorized to establish, with respect to any
    class or category of onshore or offshore facilities, a maximum
    limit of liability under subsections (f)(2) and (3) of this section
    of less than $50,000,000, but not less than $8,000,000.
    (r) Liability limitations not to limit liability under other
      legislation
      Nothing in this section shall be construed to impose, or
    authorize the imposition of, any limitation on liability under the
    Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the
    Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.].
    (s) Oil Spill Liability Trust Fund
      The Oil Spill Liability Trust Fund established under section 9509
    of title 26 shall be available to carry out subsections (b), (c),
    (d), (j), and (l) of this section as those subsections apply to
    discharges, and substantial threats of discharges, of oil. Any
    amounts received by the United States under this section shall be
    deposited in the Oil Spill Liability Trust Fund.

SOURCE

    (June 30, 1948, ch. 758, title III, Sec. 311, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 862; amended Pub. L. 93-207,
    Sec. 1(4), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95-217, Secs. 57,
    58(a)-(g), (i), (k)-(m), Dec. 27, 1977, 91 Stat. 1593-1596; Pub. L.
    95-576, Sec. 1(b), Nov. 2, 1978, 92 Stat. 2467; Pub. L. 96-478,
    Sec. 13(b), Oct. 21, 1980, 94 Stat. 2303; Pub. L. 96-483, Sec. 8,
    Oct. 21, 1980, 94 Stat. 2362; Pub. L. 96-561, title II, Sec.
    238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 97-164, title I, Sec.
    161(5), Apr. 2, 1982, 96 Stat. 49; Pub. L. 100-4, title V, Sec.
    502(b), Feb. 4, 1987, 101 Stat. 75; Pub. L. 101-380, title II, Sec.
    2002(b), title IV, Secs. 4201(a), (b), (b)[(c)], 4202(a), (c),
    4204, 4301(a), (b), 4305, 4306, Aug. 18, 1990, 104 Stat. 507, 523-
    527, 532, 533, 540, 541; Pub. L. 102-388, title III, Sec. 349,
    Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102-572, title IX, Sec.
    902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104-208, div. A,
    title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110
    Stat. 3009, 3009-41; Pub. L. 104-324, title XI, Secs. 1143, 1144,
    Oct. 19, 1996, 110 Stat. 3992; Pub. L. 105-383, title IV, Sec. 411,
    Nov. 13, 1998, 112 Stat. 3432; Pub. L. 108-293, title VII, Sec.
    701(a), (b), (d), Aug. 9, 2004, 118 Stat. 1067, 1068; Pub. L. 109-
    241, title VI, Sec. 608, title IX, Sec. 901(i), July 11, 2006, 120
    Stat. 558, 564.)

REFERENCES IN TEXT

      The Outer Continental Shelf Lands Act, referred to in subsecs.
    (b)(1), (2)(A), (3) and (r), is act Aug. 7, 1953, ch. 345, 67 Stat.
    462, as amended, which is classified generally to subchapter III
    (Sec. 1331 et seq.) of chapter 29 of Title 43, Public Lands. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1331 of Title 43 and Tables.
      The Deepwater Port Act of 1974, referred to in subsecs. (b)(1),
    (2)(A), (3) and (r), is Pub. L. 93-627, Jan. 3, 1975, 88 Stat.
    2126, as amended, which is classified generally to chapter 29 (Sec.
    1501 et seq.) of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 1501 of
    this title and Tables.
      The Magnuson-Stevens Fishery Conservation and Management Act,
    referred to in subsec. (b)(1), (2)(A), (3), is Pub. L. 94-265, Apr.
    13, 1976, 90 Stat. 331, as amended, which is classified principally
    to chapter 38 (Sec. 1801 et seq.) of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1801 of Title 16 and Tables.
      The date of enactment of this paragraph, referred to in subsec.
    (b)(2)(B), probably means the date of enactment of Pub. L. 95-576,
    which amended subsec. (b)(2)(B) and which was approved Nov. 2,
    1978.
      The penalty enacted in subclause (bb) of clause (iii) of
    subparagraph (B) of subsection (b)(2) of section 311 of Public Law
    92-500, referred to in subsec. (b)(2)(B), probably means the
    penalty provision of subsec. (b)(2)(B)(iii)(bb) of this section as
    added by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 864, prior
    to the amendment to subsec. (b)(2)(B) by section 1(b)(3) of Pub. L.
    95-576. Prior to amendment, subsec. (b)(2)(B)(iii)(bb) read as
    follows: "a penalty determined by the number of units discharged
    multiplied by the amount established for such unit under clause
    (iv) of this subparagraph, but such penalty shall not be more than
    $5,000,000 in the case of a discharge from a vessel and $500,000 in
    the case of a discharge from an onshore or offshore facility."
      Section 4367 of the Revised Statutes of the United States (46
    U.S.C. App. 313), referred to in subsec. (b)(12)(B), was repealed
    by Pub. L. 103-182, title VI, Sec. 690(a)(21), Dec. 8, 1993, 107
    Stat. 2223.
      Section 1443 of title 19, referred to in subsec. (b)(12)(C), was
    repealed by Pub. L. 103-182, title VI, Sec. 690(b)(6), Dec. 8,
    1993, 107 Stat. 2223.
      The Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, referred to in subsec. (c)(4)(B)(ii), is
    Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is
    classified principally to chapter 103 (Sec. 9601 et seq.) of Title
    42, The Public Health and Welfare. For complete classification of
    this Act to the Code, see Short Title note set out under section
    9601 of Title 42 and Tables.
      The Oil Pollution Act of 1990, referred to in subsecs. (c)(5)(B),
    (d)(2)(H), and (j)(5)(H), is Pub. L. 101-380, Aug. 18, 1990, 104
    Stat. 484, which is classified principally to chapter 40 (Sec. 2701
    et seq.) of this title. Title I of the Act is classified generally
    to subchapter I (Sec. 2701 et seq.) of chapter 40 of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2701 of this title and Tables.
      Par. (3) of section 1901(a) of this title, referred to in subsec.
    (j)(5)(B), was redesignated par. (4) by Pub. L. 110-280, Sec. 3(1),
    July 21, 2008, 122 Stat. 2611.

CODIFICATION

      In subsec. (b)(12)(A), "section 60105 of title 46" substituted
    for "section 4197 of the Revised Statutes of the United States (46
    U.S.C. App. 91)" on authority of Pub. L. 109-304, Sec. 18(c), Oct.
    6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title
    46, Shipping.

AMENDMENTS

      2006 - Subsec. (a)(26). Pub. L. 109-241, Sec. 608, amended par.
    (26) generally. Prior to amendment, par. (26) read as follows: "
    'nontank vessel' means a self-propelled vessel of 400 gross tons as
    measured under section 14302 of title 46 or greater, other than a
    tank vessel, that carries oil of any kind as fuel for main
    propulsion and that -
        "(A) is a vessel of the United States; or
        "(B) operates on the navigable waters of the United States."
      Subsec. (j)(5)(A)(ii), (B), (F), and (G). Pub. L. 109-241, Sec.
    901(i)(1), substituted "nontank" for "non-tank" wherever appearing.
      Subsec. (j)(5)(H). Pub. L. 109-241, Sec. 901(i)(2), amended
    directory language of Pub. L. 108-293, Sec. 701(b)(9). See 2004
    Amendment note below.
      2004 - Subsec. (a)(26). Pub. L. 108-293, Sec. 701(a), added par.
    (26).
      Subsec. (j)(5). Pub. L. 108-293, Sec. 701(b)(1), inserted ",
    nontank vessel," after "vessel" in heading.
      Subsec. (j)(5)(A). Pub. L. 108-293, Sec. 701(b)(2), (d)(3),
    designated existing text as cl. (i), substituted "subparagraph (C)"
    for "subparagraph (B)", and added cl. (ii).
      Subsec. (j)(5)(B). Pub. L. 108-293, Sec. 701(d)(2), added subpar.
    (B). Former subpar. (B) redesignated (C).
      Pub. L. 108-293, Sec. 701(b)(3), (4), inserted ", nontank
    vessels," after "vessels" in introductory provisions, added cl.
    (ii), and redesignated former cls. (ii) and (iii) as (iii) and
    (iv), respectively.
      Subsec. (j)(5)(C). Pub. L. 108-293, Sec. 701(d)(1), (4),
    redesignated subpar. (B) as (C) and substituted "subparagraphs (A)
    and (B)" for "subparagraph (A)" in introductory provisions. Former
    subpar. (C) redesignated (D).
      Subsec. (j)(5)(D). Pub. L. 108-293, Sec. 701(d)(1), redesignated
    subpar. (C) as (D). Former subpar (D) redesignated (E).
      Pub. L. 108-293, Sec. 701(b)(5), inserted ", nontank vessel,"
    after "vessel" in introductory provisions and added cl. (v).
      Subsec. (j)(5)(E). Pub. L. 108-293, Sec. 701(d)(1), redesignated
    subpar. (D) as (E). Former subpar. (E) redesignated (F).
      Pub. L. 108-293, Sec. 701(b)(6), inserted "non-tank vessel,"
    after "vessel," in two places.
      Subsec. (j)(5)(F). Pub. L. 108-293, Sec. 701(d)(1), (5),
    redesignated subpar. (E) as (F) and substituted "subparagraph (E),"
    for "subparagraph (D)," in cl. (i). Former subpar. (F) redesignated
    (G).
      Pub. L. 108-293, Sec. 701(b)(7), inserted "non-tank vessel,"
    after "vessel," and substituted "vessel, non-tank vessel, or" for
    "vessel or".
      Subsec. (j)(5)(G). Pub. L. 108-293, Sec. 701(d)(1), redesignated
    subpar. (F) as (G). Former subpar. (G) redesignated (H).
      Pub. L. 108-293, Sec. 701(b)(8), inserted "nontank vessel," after
    "vessel,".
      Subsec. (j)(5)(H). Pub. L. 108-293, Sec. 701(d)(1), redesignated
    subpar. (G) as (H). Former subpar. (H) redesignated (I).
      Pub. L. 108-293, Sec. 701(b)(9), as amended by Pub. L. 109-241,
    Sec. 901(i)(2), inserted "and nontank vessel" after "each tank
    vessel".
      Subsec. (j)(5)(I). Pub. L. 108-293, Sec. 701(d)(1), redesignated
    subpar. (H) as (I).
      Subsec. (j)(6). Pub. L. 108-293, Sec. 701(b)(10), substituted
    "The President may require - " for "Not later than 2 years after
    August 18, 1990, the President shall require - " in introductory
    provisions.
      Subsec. (j)(6)(B). Pub. L. 108-293, Sec. 701(b)(11), inserted ",
    and nontank vessels carrying oil of any kind as fuel for main
    propulsion," after "cargo".
      Subsec. (j)(7). Pub. L. 108-293, Sec. 701(b)(12), inserted ",
    nontank vessel," after "vessel".
      1998 - Subsec. (a)(2). Pub. L. 105-383, Sec. 411(b), substituted
    ", (C)" for "and (C)" and inserted ", and (D) discharges incidental
    to mechanical removal authorized by the President under subsection
    (c) of this section" before semicolon at end.
      Subsec. (a)(8). Pub. L. 105-383, Sec. 411(a)(1), substituted "to
    prevent, minimize, or mitigate damage" for "to minimize or mitigate
    damage".
      Subsec. (a)(25). Pub. L. 105-383, Sec. 411(a)(2), added par.
    (25).
      Subsec. (c)(4)(A). Pub. L. 105-383, Sec. 411(a)(3), inserted
    "relating to a discharge or a substantial threat of a discharge of
    oil or a hazardous substance" before period at end.
      1996 - Subsec. (b)(1), (2)(A), (3). Pub. L. 104-208 substituted
    "Magnuson-Stevens Fishery" for "Magnuson Fishery" wherever
    appearing.
      Subsec. (c)(3)(B). Pub. L. 104-324, Sec. 1144, inserted ", except
    that the owner or operator may deviate from the applicable response
    plan if the President or the Federal On-Scene Coordinator
    determines that deviation from the response plan would provide for
    a more expeditious or effective response to the spill or mitigation
    of its environmental effects" before period at end.
      Subsec. (j)(2)(A). Pub. L. 104-324, Sec. 1143(1), inserted "and
    of information regarding previous spills, including data from
    universities, research institutions, State governments, and other
    nations, as appropriate, which shall be disseminated as appropriate
    to response groups and area committees, and" after "paragraph
    (4),".
      Subsec. (j)(4)(C)(v). Pub. L. 104-324, Sec. 1143(2), inserted
    "compile a list of local scientists, both inside and outside
    Federal Government service, with expertise in the environmental
    effects of spills of the types of oil typically transported in the
    area, who may be contacted to provide information or, where
    appropriate, participate in meetings of the scientific support team
    convened in response to a spill, and" before "describe".
      1992 - Subsec. (b)(12). Pub. L. 102-388 added par. (12).
      Subsec. (i). Pub. L. 102-572 substituted "United States Court of
    Federal Claims" for "United States Claims Court".
      1990 - Subsec. (a)(8). Pub. L. 101-380, Sec. 4201(b)(1)[(c)(1)],
    inserted "containment and" after "refers to".
      Subsec. (a)(16). Pub. L. 101-380, Sec. 4201(b)(2)[(c)(2)],
    substituted semicolon for period at end.
      Subsec. (a)(17). Pub. L. 101-380, Sec. 4201(b)(3)[(c)(3)],
    substituted "otherwise" for "Otherwise" and semicolon for period at
    end.
      Subsec. (a)(18) to (24). Pub. L. 101-380, Sec.
    4201(b)(4)[(c)(4)], added pars. (18) to (24).
      Subsec. (b)(4). Pub. L. 101-380, Sec. 4204, inserted "or the
    environment" after "the public health or welfare".
      Subsec. (b)(5). Pub. L. 101-380, Sec. 4301(a), inserted after
    first sentence "The Federal agency shall immediately notify the
    appropriate State agency of any State which is, or may reasonably
    be expected to be, affected by the discharge of oil or a hazardous
    substance.", substituted "fined in accordance with title 18, United
    States Code, or imprisoned for not more than 5 years, or both" for
    "fined not more than $10,000, or imprisoned for not more than one
    year, or both", struck out "or information obtained by the
    exploitation of such notification" before "shall not be used", and
    inserted "natural" before "person in any".
      Subsec. (b)(6) to (11). Pub. L. 101-380, Sec. 4301(b), added
    pars. (6) to (11) and struck out former par. (6) which related to
    assessment of civil penalties, limited to $5,000 for each offense,
    against any owner, operator, or person in charge of any onshore or
    offshore facility from which oil or a hazardous substance was
    discharged in violation of par. (3).
      Subsec. (c). Pub. L. 101-380, Sec. 4201(a), amended subsec. (c)
    generally, substituting present provisions for provisions
    authorizing President to arrange for removal of discharge of oil or
    a hazardous substance into or upon the navigable waters of the
    U.S., unless he determined such removal would be properly conducted
    by owner or operator of the vessel causing discharge, and directed
    President to prepare and publish a National Contingency Plan within
    60 days after October 18, 1972.
      Subsec. (d). Pub. L. 101-380, Sec. 4201(b), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows:
    "Whenever a marine disaster in or upon the navigable waters of the
    United States has created a substantial threat of a pollution
    hazard to the public health or welfare of the United States,
    including, but not limited to, fish, shellfish, and wildlife and
    the public and private shorelines and beaches of the United States,
    because of a discharge, or an imminent discharge, of large
    quantities of oil, or of a hazardous substance from a vessel the
    United States may (A) coordinate and direct all public and private
    efforts directed at the removal or elimination of such threat; and
    (B) summarily remove, and, if necessary, destroy such vessel by
    whatever means are available without regard to any provisions of
    law governing the employment of personnel or the expenditure of
    appropriated funds. Any expense incurred under this subsection or
    under the Intervention on the High Seas Act (or the convention
    defined in section 2(3) thereof) shall be a cost incurred by the
    United States Government for the purposes of subsection (f) of this
    section in the removal of oil or hazardous substance."
      Subsec. (e). Pub. L. 101-380, Sec. 4306, amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "In
    addition to any other action taken by a State or local government,
    when the President determines there is an imminent and substantial
    threat to the public health or welfare of the United States,
    including, but not limited to, fish, shellfish, and wildlife and
    public and private property, shorelines, and beaches within the
    United States, because of an actual or threatened discharge of oil
    or hazardous substance into or upon the navigable waters of the
    United States from an onshore or offshore facility, the President
    may require the United States attorney of the district in which the
    threat occurs to secure such relief as may be necessary to abate
    such threat, and the district courts of the United States shall
    have jurisdiction to grant such relief as the public interest and
    the equities of the case may require."
      Subsec. (i). Pub. L. 101-380, Sec. 2002(b)(1), struck out par.
    (1) designation before "In any case" and struck out pars. (2) and
    (3) which read as follows:
      "(2) The provisions of this subsection shall not apply in any
    case where liability is established pursuant to the Outer
    Continental Shelf Lands Act, or the Deepwater Port Act of 1974.
      "(3) Any amount paid in accordance with a judgment of the United
    States Claims Court pursuant to this section shall be paid from the
    funds established pursuant to subsection (k) of this section."
      Subsec. (j). Pub. L. 101-380, Sec. 4202(a), amended heading,
    inserted heading for par. (1) and realigned its margin, added pars.
    (2) to (8), and struck out former par. (2) which read as follows:
    "Any owner or operator of a vessel or an onshore facility or an
    offshore facility and any other person subject to any regulation
    issued under paragraph (1) of this subsection who fails or refuses
    to comply with the provisions of any such regulations, shall be
    liable to a civil penalty of not more than $5,000 for each such
    violation. This paragraph shall not apply to any owner or operator
    of any vessel from which oil or a hazardous substance is discharged
    in violation of paragraph (3)(ii) of subsection (b) of this section
    unless such owner, operator, or person in charge is otherwise
    subject to the jurisdiction of the United States. Each violation
    shall be a separate offense. The President may assess and
    compromise such penalty. No penalty shall be assessed until the
    owner, operator, or other person charged shall have been given
    notice and an opportunity for a hearing on such charge. In
    determining the amount of the penalty, or the amount agreed upon in
    compromise, the gravity of the violation, and the demonstrated good
    faith of the owner, operator, or other person charged in attempting
    to achieve rapid compliance, after notification of a violation,
    shall be considered by the President."
      Subsec. (k). Pub. L. 101-380, Sec. 2002(b)(2), struck out subsec.
    (k) which authorized appropriations and supplemental appropriations
    to create and maintain a revolving fund to carry out subsecs. (c),
    (d), (i), and (l) of this section.
      Subsec. (l). Pub. L. 101-380, Sec. 2002(b)(3), struck out after
    first sentence "Any moneys in the fund established by subsection
    (k) of this section shall be available to such Federal departments,
    agencies, and instrumentalities to carry out the provisions of
    subsections (c) and (i) of this section."
      Subsec. (m). Pub. L. 101-380, Sec. 4305, amended subsec. (m)
    generally. Prior to amendment, subsec. (m) read as follows: "Anyone
    authorized by the President to enforce the provisions of this
    section may, except as to public vessels, (A) board and inspect any
    vessel upon the navigable waters of the United States or the waters
    of the contiguous zone, (B) with or without a warrant arrest any
    person who violates the provisions of this section or any
    regulation issued thereunder in his presence or view, and (C)
    execute any warrant or other process issued by an officer or court
    of competent jurisdiction."
      Subsec. (o)(2). Pub. L. 101-380, Sec. 4202(c), inserted ", or
    with respect to any removal activities related to such discharge"
    after "within such State".
      Subsec. (p). Pub. L. 101-380, Sec. 2002(b)(4), struck out subsec.
    (p) which provided for establishment and maintenance of evidence of
    financial responsibility by vessels over 300 gross tons carrying
    oil or hazardous substances.
      Subsec. (s). Pub. L. 101-380, Sec. 2002(b)(5), added subsec. (s).
      1987 - Subsec. (a)(5). Pub. L. 100-4 substituted "the
    Commonwealth of the Northern Mariana Islands" for "the Canal Zone".
      1982 - Subsec. (i)(1), (3). Pub. L. 97-164 substituted "Claims
    Court" for "Court of Claims".
      1980 - Subsec. (b)(1), (2)(A), (3). Pub. L. 96-561 substituted
    "Magnuson Fishery Conservation and Management Act" for "Fishery
    Conservation and Management Act of 1976".
      Subsec. (b)(3)(A). Pub. L. 96-478 struck out "of oil" after "in
    the case of such discharges" and substituted "Protocol of 1978
    Relating to the International Convention for the Prevention of
    Pollution from Ships, 1973" for "International Convention for the
    Prevention of Pollution of the Sea by Oil, 1954, as amended".
      Subsec. (c)(1). Pub. L. 96-561 substituted "Magnuson Fishery
    Conservation and Management Act" for "Fishery Conservation and
    Management Act of 1976".
      Subsec. (k). Pub. L. 96-483 designated existing provisions as
    par. (1) and added par. (2).
      1978 - Subsec. (a)(2). Pub. L. 95-576, Sec. 1(b)(1), excluded
    discharges described in cls. (A) to (C) from term "discharge".
      Subsec. (a)(17). Pub. L. 95-576, Sec. 1(b)(2), added par. (17).
      Subsec. (b)(2)(B). Pub. L. 95-576, Sec. 1(b)(3), substituted
    requirement that a study be made respecting methods, mechanisms,
    and procedures for creating incentives to achieve higher standard
    of care in management and movement of hazardous substances,
    including consideration of enumerated items, and a report made to
    Congress within 18 months after Nov. 2, 1978, for provisions
    concerning actual removability of any designated hazardous
    substance, liability during two year period commencing Oct. 18,
    1972 based on toxicity, degradability, and dispersal
    characteristics of the substance limited to $50,000 and without
    limitation in cases of willful negligence or willful misconduct,
    liability after such two year period ranging from $500 to $5,000
    based on toxicity, etc., or liability for penalty determined by
    number of units discharged multiplied by amount established for the
    unit limited to $5,000,000 in the case of a discharge from a vessel
    and to $500,000 in the case of a discharge from onshore or offshore
    facility, establishment by regulation of a unit of measurement
    based upon the usual trade practice for each designated hazardous
    substance and establishment for such unit a fixed monetary amount
    ranging from $100 to $1,000 based on toxicity, etc.
      Subsec. (b)(3). Pub. L. 95-576, Sec. 1(b)(4), substituted "such
    quantities as may be harmful" for "harmful quantities".
      Subsec. (b)(4). Pub. L. 95-576, Sec. 1(b)(5), struck out ", to be
    issued as soon as possible after October 18, 1972," after
    "regulation" and substituted "substances" for "substance" and
    "discharge of which may be harmful" for "discharge of which, at
    such times, locations, circumstances, and conditions, will be
    harmful".
      Subsec. (b)(5). Pub. L. 95-576, Sec. 1(b)(6), inserted "at the
    time of the discharge" after "otherwise subject to the jurisdiction
    of the United States".
      Subsec. (b)(6)(A) to (E). Pub. L. 95-576, Sec. 1(b)(7),
    designated existing provisions as subpar. (A), inserted "at the
    time of the discharge" after "jurisdiction of the United States",
    and added subpars. (B) to (E).
      1977 - Subsec. (a)(11). Pub. L. 95-217, Sec. 58(k), inserted ",
    and any facility of any kind which is subject to the jurisdiction
    of the United States and is located in, on, or under any other
    waters," after "United States".
      Subsec. (a)(15), (16). Pub. L. 95-217, Sec. 58(d)(1), added pars.
    (15) and (16).
      Subsec. (b)(1). Pub. L. 95-217, Sec. 58(a)(1), inserted reference
    to activities under the Outer Continental Shelf Lands Act or the
    Deepwater Port Act of 1974, or which may affect natural resources
    belonging to, appertaining to, or under the exclusive management
    authority of the United States (including resources under the
    Fishery Conservation and Management Act of 1976).
      Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 58(a)(2), inserted
    reference to activities under the Outer Continental Shelf Lands Act
    or the Deepwater Port Act of 1974, or which may affect natural
    resources belonging to, appertaining to, or under the exclusive
    management authority of the United States (including resources
    under the Fishery Conservation and Management Act of 1976).
      Subsec. (b)(2)(B)(v). Pub. L. 95-217, Sec. 57, added cl. (v).
      Subsec. (b)(3). Pub. L. 95-217, Sec. 58(a)(3), (4), designated
    part of existing provisions preceding cl. (A) as cl. (i) and added
    cl. (ii), and, in cl. (A), inserted "or which may affect natural
    resources belonging to, appertaining to, or under the exclusive
    management authority of the United States (including resources
    under the Fishery Conservation and Management Act of 1976)" after
    "waters of the contiguous zone" and struck out "article IV of"
    before "the International Convention for the Prevention of
    Pollution of the Sea by Oil, 1954".
      Subsec. (b)(4). Pub. L. 95-217, Sec. 58(a)(5), struck out
    provisions under which, in the case of the discharge of oil into or
    upon the waters of the contiguous zone, only those discharges which
    threatened the fishery resources of the contiguous zone or
    threatened to pollute or contribute to the pollution of the
    territory or the territorial sea of the United States could be
    determined to be harmful.
      Subsec. (b)(5). Pub. L. 95-217, Sec. 58(a)(6), added cls. (A),
    (B), and (C) between "Any such person" and "who fails to notify".
      Subsec. (b)(6). Pub. L. 95-217, Sec. 58(a)(7), (8), substituted
    "Any owner, operator, or person in charge of any onshore facility,
    or offshore facility" for "Any owner or operator of any vessel,
    onshore facility, or offshore facility" in provision relating to
    violations of par. (3) of this subsection, and inserted provisions
    directing the assessment of a civil penalty of not more than $5,000
    for each offense by the Secretary of the department in which the
    Coast Guard is operating to be assessed against any owner,
    operator, or person in charge of any vessel from which oil or a
    hazardous substance is discharged in violation of paragraph (3)(i)
    of this subsection, and any owner, operator, or person in charge of
    a vessel from which oil or a hazardous substance is discharged in
    violation of paragraph (3)(ii) who is otherwise subject to the
    jurisdiction of the United States.
      Subsec. (c)(1). Pub. L. 95-217, Sec. 58(b), (c)(1), inserted "or
    there is a substantial threat of such discharge," after "Whenever
    any oil or a hazardous substance is discharged," and "or in
    connection with activities under the Outer Continental Shelf Lands
    Act or the Deepwater Port Act of 1974, or which may affect natural
    resources belonging to, appertaining to, or under the exclusive
    management authority of the United States (including resources
    under the Fishery Conservation and Management Act of 1976)" after
    "waters of the contiguous zone,".
      Subsec. (c)(2)(D). Pub. L. 95-217, Sec. 58(e), substituted "and
    imminent threats of such discharges to the appropriate State and
    Federal agencies;" for "to the appropriate Federal agency;".
      Subsec. (d). Pub. L. 95-217, Sec. 58(c)(2), inserted "or under
    the Intervention on the High Seas Act (or the convention defined in
    section 2(3) thereof)" after "Any expense incurred under this
    subsection".
      Subsec. (f)(1). Pub. L. 95-217, Sec. 58(d)(2), substituted ", in
    the case of an inland oil barge $125 per gross ton of such barge,
    or $125,000, whichever is greater, and in the case of any other
    vessel, $150 per gross ton of such vessel (or, for a vessel
    carrying oil or hazardous substances as cargo, $250,000), whichever
    is greater," for "$100 per gross ton of such vessel or $14,000,000,
    whichever is lesser,".
      Subsec. (f)(2), (3). Pub. L. 95-217, Sec. 58(d)(5), (6),
    substituted "$50,000,000" for "$8,000,000".
      Subsec. (f)(4), (5). Pub. L. 95-217, Sec. 58(g), added pars. (4)
    and (5).
      Subsec. (g). Pub. L. 95-217, Sec. 58(d)(3), (f), substituted ",
    in the case of an inland oil barge $125 per gross ton of such
    barge, or $125,000, whichever is greater, and in the case of any
    other vessel, $150 per gross ton of such vessel (or, for a vessel
    carrying oil or hazardous substances as cargo, $250,000), whichever
    is greater" for "$100 per gross ton of such vessel or $14,000,000,
    whichever is the lesser" in the existing provisions and inserted
    provision under which, where the owner or operator of a vessel
    (other than an inland oil barge) carrying oil or hazardous
    substances as cargo or an onshore or offshore facility which
    handles or stores oil or hazardous substances in bulk, from which
    oil or a hazardous substance is discharged in violation of subsec.
    (b) of this section, alleges that the discharge was caused solely
    by an act or omission of a third party, the owner or operator must
    pay to the United States Government the actual costs incurred under
    subsec. (c) of this section for removal of the oil or substance and
    shall be entitled by subrogation to all rights of the United States
    Government to recover the costs from the third party under this
    subsection.
      Subsec. (i)(2). Pub. L. 95-217, Sec. 58(m), inserted reference to
    the Deepwater Port Act of 1974.
      Subsec. (j)(2). Pub. L. 95-217, Sec. 58(c)(3), inserted provision
    that subsec. (j)(2) shall not apply to any owner or operator of any
    vessel from which oil or a hazardous substance is discharged in
    violation of subsec. (b)(3)(ii) of this section unless the owner,
    operator, or person in charge is otherwise subject to the
    jurisdiction of the United States.
      Subsec. (k). Pub. L. 95-217, Sec. 58(l), substituted "such sums
    as may be necessary to maintain such fund at a level of
    $35,000,000" for "not to exceed $35,000,000".
      Subsec. (p)(1). Pub. L. 95-217, Sec. 58(d)(4), substituted ", in
    the case of an inland oil barge $125 per gross ton of such barge,
    or $125,000, whichever is greater, and in the case of any other
    vessel, $150 per gross ton of such vessel (or, for a vessel
    carrying oil or hazardous substances as cargo, $250,000), whichever
    is greater," for "$100 per gross ton, or $14,000,000 whichever is
    the lesser,".
      Subsecs. (q), (r). Pub. L. 95-217, Sec. 58(i), added subsecs. (q)
    and (r).
      1973 - Subsec. (f). Pub. L. 93-207, Sec. 1(4)(A), (B),
    substituted "(b)(3)" for "(b)(2)" wherever appearing in pars. (1)
    to (3), and substituted "Administrator" for "Secretary" in last
    sentence of par. (2).
      Subsecs. (g), (i). Pub. L. 93-207, Sec. 1(4)(C), substituted
    "(b)(3)" for "(b)(2)" wherever appearing.
                     EFFECTIVE DATE OF 2006 AMENDMENT
      Pub. L. 109-241, title IX, Sec. 901(i)(2), July 11, 2006, 120
    Stat. 564, provided in part that the amendment made by section
    901(i)(2) is effective Aug. 9, 2004.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-
    208 provided that the amendment made by that section is effective
    15 days after Oct. 11, 1996.
                     EFFECTIVE DATE OF 1992 AMENDMENT
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of this title.
                     EFFECTIVE DATE OF 1982 AMENDMENT
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.
                     EFFECTIVE DATE OF 1980 AMENDMENTS
      Section 238(b) of Pub. L. 96-561 provided that the amendment made
    by that section is effective 15 days after Dec. 22, 1980.
      Amendment by Pub. L. 96-478 effective Oct. 2, 1983, see section
    14(a) of Pub. L. 96-478, set out as an Effective Date note under
    section 1901 of this title.
                     EFFECTIVE DATE OF 1977 AMENDMENT
      Section 58(h) of Pub. L. 95-217 provided that: "The amendments
    made by paragraphs (5) and (6) of subsection (d) of this section
    [amending this section] shall take effect 180 days after the date
    of enactment of the Clean Water Act of 1977 [Dec. 27, 1977]."

TRANSFER OF FUNCTIONS

      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      Enforcement functions of Administrator or other official of the
    Environmental Protection Agency under this section relating to
    spill prevention, containment and countermeasure plans with respect
    to pre-construction, construction, and initial operation of
    transportation system for Canadian and Alaskan natural gas were
    transferred to the Federal Inspector, Office of Federal Inspector
    for the Alaska Natural Gas Transportation System, until the first
    anniversary of the date of initial operation of the Alaska Natural
    Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs.
    102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376,
    effective July 1, 1979, set out in the Appendix to Title 5,
    Government Organization and Employees. Office of Federal Inspector
    for the Alaska Natural Gas Transportation System abolished and
    functions and authority vested in Inspector transferred to
    Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out
    as an Abolition of Office of Federal Inspector note under section
    719e of Title 15, Commerce and Trade. Functions and authority
    vested in Secretary of Energy subsequently transferred to Federal
    Coordinator for Alaska Natural Gas Transportation Projects by
    section 720d(f) of Title 15.
                          DELEGATION OF FUNCTIONS
      For delegation of certain functions of President under this
    section, see Ex. Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2923, as
    amended, set out as a note under section 9615 of Title 42, The
    Public Health and Welfare.
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.
    TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE
                                CANAL ZONE
      For termination of the United States District Court for the
    District of the Canal Zone at end of the "transition period", being
    the 30-month period beginning Oct. 1, 1979, and ending midnight
    Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal
    Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,
    title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to
    sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign
    Relations and Intercourse.

IMPLEMENTATION DATE FOR VESSEL RESPONSE PLANS FOR NONTANK VESSELS

      Pub. L. 108-293, title VII, Sec. 701(c), Aug. 9, 2004, 118 Stat.
    1068, provided that: "No later than one year after the date of
    enactment of this Act [Aug. 9, 2004], the owner or operator of a
    nontank vessel (as defined [sic] section 311(j)(9) [311(a)(26)] of
    the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(9)
    [1321(a)(26)], as amended by this section) shall prepare and submit
    a vessel response plan for such vessel."
                  REPORT ON OIL SPILL RESPONDER IMMUNITY
      Pub. L. 107-295, title IV, Sec. 440, Nov. 25, 2002, 116 Stat.
    2130, provided that:
      "(a) Report to Congress. - Not later than January 1, 2004, the
    Secretary of the department in which the Coast Guard is operating,
    jointly with the Secretary of Commerce and the Secretary of the
    Interior, and after consultation with the Administrator of the
    Environmental Protection Agency and the Attorney General, shall
    submit a report to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives on the immunity
    from criminal and civil penalties provided under existing law of a
    private responder (other than a responsible party) in the case of
    the incidental take of federally listed fish or wildlife that
    results from, but is not the purpose of, carrying out an otherwise
    lawful activity conducted by that responder during an oil spill
    removal activity where the responder was acting in a manner
    consistent with the National Contingency Plan or as otherwise
    directed by the Federal On-Scene Coordinator for the spill, and on
    the circumstances under which such penalties have been or could be
    imposed on a private responder. The report shall take into
    consideration the procedures under the Inter-Agency Memorandum for
    addressing incidental takes.
      "(b) Definitions. - In this section -
        "(1) the term 'Federal On-Scene Coordinator' has the meaning
      given that term in section 311 of the Federal Water Pollution
      Control Act (33 U.S.C. 1321);
        "(2) the term 'incidental take' has the meaning given that term
      in the Inter-Agency Memorandum;
        "(3) the term 'Inter-Agency Memorandum' means the Inter-Agency
      Memorandum of Agreement Regarding Oil Spill Planning and Response
      Activities under the Federal Water Pollution Control Act's
      National Oil and Hazardous Substances Pollution Contingency Plan
      and the Endangered Species Act [of 1973, 16 U.S.C. 1531 et seq.],
      effective on July 22, 2001;
        "(4) the terms 'National Contingency Plan', 'removal', and
      'responsible party' have the meanings given those terms under
      section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701);
      and
        "(5) the term 'private responder' means a nongovernmental
      entity or individual that is carrying out an oil spill removal
      activity at the direction of a Federal agency or a responsible
      party."
            OIL SPILL LIABILITY UNDER OIL POLLUTION ACT OF 1990
      Section 2002(a) of Pub. L. 101-380 provided that: "Subsections
    (f), (g), (h), and (i) of section 311 of the Federal Water
    Pollution Control Act (33 U.S.C. 1321) shall not apply with respect
    to any incident for which liability is established under section
    1002 of this Act [33 U.S.C. 2702]."
           TRANSFER OF MONEYS TO OIL SPILL LIABILITY TRUST FUND
      Section 2002(b)(2) of Pub. L. 101-380 provided that: "Subsection
    (k) [of this section] is repealed. Any amounts remaining in the
    revolving fund established under that subsection shall be deposited
    in the [Oil Spill Liability Trust] Fund. The Fund shall assume all
    liability incurred by the revolving fund established under that
    subsection."
                   REVISION OF NATIONAL CONTINGENCY PLAN
      Section 4201(c)[(d)] of Pub. L. 101-380 provided that: "Not later
    than one year after the date of the enactment of this Act [Aug. 18,
    1990], the President shall revise and republish the National
    Contingency Plan prepared under section 311(c)(2) of the Federal
    Water Pollution Control Act [33 U.S.C. 1321(c)(2)] (as in effect
    immediately before the date of the enactment of this Act) to
    implement the amendments made by this section and section 4202
    [amending this section]."
      [For delegation of functions of President under section 4201(c)
    of Pub. L. 101-380, set out above, see Ex. Ord. No. 12580, Jan. 23,
    1987, 52 F.R. 2923, as amended, set out as a note under section
    9615 of Title 42, The Public Health and Welfare.]
          IMPLEMENTATION OF NATIONAL PLANNING AND RESPONSE SYSTEM
      Section 4202(b) of Pub. L. 101-380 provided that:
      "(1) Area committees and contingency plans. - (A) Not later than
    6 months after the date of the enactment of this Act [Aug. 18,
    1990], the President shall designate the areas for which Area
    Committees are established under section 311(j)(4) of the Federal
    Water Pollution Control Act [33 U.S.C. 1321(j)(4)], as amended by
    this Act. In designating such areas, the President shall ensure
    that all navigable waters, adjoining shorelines, and waters of the
    exclusive economic zone are subject to an Area Contingency Plan
    under that section.
      "(B) Not later than 18 months after the date of the enactment of
    this Act, each Area Committee established under that section shall
    submit to the President the Area Contingency Plan required under
    that section.
      "(C) Not later than 24 months after the date of the enactment of
    this Act, the President shall -
        "(i) promptly review each plan;
        "(ii) require amendments to any plan that does not meet the
      requirements of section 311(j)(4) of the Federal Water Pollution
      Control Act; and
        "(iii) approve each plan that meets the requirements of that
      section.
      "(2) National response unit. - Not later than one year after the
    date of the enactment of this Act, the Secretary of the department
    in which the Coast Guard is operating shall establish a National
    Response Unit in accordance with section 311(j)(2) of the Federal
    Water Pollution Control Act, as amended by this Act.
      "(3) Coast guard district response groups. - Not later than 1
    year after the date of the enactment of this Act, the Secretary of
    the department in which the Coast Guard is operating shall
    establish Coast Guard District Response Groups in accordance with
    section 311(j)(3) of the Federal Water Pollution Control Act, as
    amended by this Act.
      "(4) Tank vessel and facility response plans; transition
    provision; effective date of prohibition. - (A) Not later than 24
    months after the date of the enactment of this Act, the President
    shall issue regulations for tank vessel and facility response plans
    under section 311(j)(5) of the Federal Water Pollution Control Act,
    as amended by this Act.
      "(B) During the period beginning 30 months after the date of the
    enactment of this paragraph [Aug. 18, 1990] and ending 36 months
    after that date of enactment, a tank vessel or facility for which a
    response plan is required to be prepared under section 311(j)(5) of
    the Federal Water Pollution Control Act, as amended by this Act,
    may not handle, store, or transport oil unless the owner or
    operator thereof has submitted such a plan to the President.
      "(C) Subparagraph (E) of section 311(j)(5) of the Federal Water
    Pollution Control Act, as amended by this Act, shall take effect 36
    months after the date of the enactment of this Act."
     DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND
      Penalties paid pursuant to this section and sections 1319(c) and
    1501 et seq. of this title to be deposited in the Oil Spill
    Liability Trust Fund created under section 9509 of Title 26,
    Internal Revenue Code, see section 4304 of Pub. L. 101-380, set out
    as a note under section 9509 of Title 26.
       ALLOWABLE DELAY IN ESTABLISHING FINANCIAL RESPONSIBILITY FOR
                 INCREASE IN AMOUNTS UNDER 1977 AMENDMENT
      Section 58(j) of Pub. L. 95-217 provided that: "No vessel subject
    to the increased amounts which result from the amendments made by
    subsections (d)(2), (d)(3), and (d)(4) of this section [amending
    this section] shall be required to establish any evidence of
    financial responsibility under section 311(p) of the Federal Water
    Pollution Control Act [subsec. (p) of this section] for such
    increased amounts before October 1, 1978."

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

      For extension of territorial sea and contiguous zone of United
    States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
    out as notes under section 1331 of Title 43, Public Lands.
                         EXECUTIVE ORDER NO. 11735
      Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R. 21243, as amended by
    Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which assigned
    functions of the President regarding water pollution, was revoked
    by Ex. Ord. No. 12777, Sec. 8(i), Oct. 18, 1991, 56 F.R. 54769, set
    out below.
                         EXECUTIVE ORDER NO. 12418
      Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which transferred
    certain functions relating to the financial responsibility of
    vessels for water pollution and established authority of Federal
    agencies to respond to discharges or substantial threats of
    discharges of oil and hazardous substances, was revoked by Ex. Ord.
    No. 12777, Sec. 8(i), Oct. 18, 1991, 56 F.R. 54769, set out below.
        EX. ORD. NO. 12777. IMPLEMENTATION OF THIS SECTION AND OIL
                           POLLUTION ACT OF 1990
      Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54757, as amended by
    Ex. Ord. No. 13286, Sec. 34, Feb. 28, 2003, 68 F.R. 10625,
    provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including Section 311
    of the Federal Water Pollution Control Act, ("FWPCA") (33 U.S.C.
    1321), as amended by the Oil Pollution Act of 1990 (Public Law 101-
    380) ("OPA"), and by Section 301 of Title 3 of the United States
    Code, it is hereby ordered as follows:
      Section 1. National Contingency Plan, Area Committees, and Area
    Contingency Plans. (a) Section 1 of Executive Order No. 12580 of
    January 23, 1987 [42 U.S.C. 9615 note], is amended to read as
    follows:
      "Section 1. National Contingency Plan. (a)(1) The National
    Contingency Plan ("the NCP"), shall provide for a National Response
    Team ("the NRT") composed of representatives of appropriate Federal
    departments and agencies for national planning and coordination of
    preparedness and response actions, and Regional Response Teams as
    the regional counterparts to the NRT for planning and coordination
    of regional preparedness and response actions.
      "(2) The following agencies (in addition to other appropriate
    agencies) shall provide representatives to the National and
    Regional Response Teams to carry out their responsibilities under
    the NCP: Department of State, Department of Defense, Department of
    Justice, Department of the Interior, Department of Agriculture,
    Department of Commerce, Department of Labor, Department of Health
    and Human Services, Department of Transportation, Department of
    Energy, Environmental Protection Agency, Federal Emergency
    Management Agency, United States Coast Guard, and the Nuclear
    Regulatory Commission.
      "(3) Except for periods of activation because of response action,
    the representative of the Environmental Protection Agency ("EPA")
    shall be the chairman, and the representative of the United States
    Coast Guard shall be the vice chairman, of the NRT and these
    agencies' representatives shall be co-chairs of the Regional
    Response Teams ("the RRTs"). When the NRT or an RRT is activated
    for a response action, the EPA representative shall be the chairman
    when the release or threatened release or discharge or threatened
    discharge occurs in the inland zone, and the United States Coast
    Guard representative shall be the chairman when the release or
    threatened release or discharge or threatened discharge occurs in
    the coastal zone, unless otherwise agreed upon by the EPA and the
    United States Coast Guard representatives (inland and coastal zones
    are defined in the NCP).
      "(4) The RRTs may include representatives from State governments,
    local governments (as agreed upon by the States), and Indian tribal
    governments. Subject to the functions and authorities delegated to
    Executive departments and agencies in other sections of this order,
    the NRT shall provide policy and program direction to the RRTs.
      "(b)(1) The responsibility for the revision of the NCP and all
    the other functions vested in the President by Sections 105(a),
    (b), (c), and (g), 125, and 301(f) of the Act, by Section 311(d)(1)
    of the Federal Water Pollution Control Act, and by Section 4201(c)
    of the Oil Pollution Act of 1990 is delegated to the Administrator
    of the Environmental Protection Agency ("the Administrator").
      "(2) The function vested in the President by Section 118(p) of
    the Superfund Amendments and Reauthorization Act of 1986 (Pub. L.
    99-499) ("SARA") is delegated to the Administrator.
      "(c) In accord with Section 107(f)(2)(A) of the Act, Section
    311(f)(5) of the Federal Water Pollution Control Act, as amended
    (33 U.S.C. 1321(f)(5)), and Section 1006(b)(1) and (2) of the Oil
    Pollution Act of 1990, the following shall be among those
    designated in the NCP as Federal trustees for natural resources:
      ["](1) Secretary of Defense;
      ["](2) Secretary of the Interior;
      ["](3) Secretary of Agriculture;
      ["](4) Secretary of Commerce;
      ["](5) Secretary of Energy.
      ["]In the event of a spill, the above named Federal trustees for
    natural resources shall designate one trustee to act as Lead
    Administrative Trustee, the duties of which shall be defined in the
    regulations promulgated pursuant to Section 1006(e)(1) of OPA. If
    there are natural resource trustees other than those designated
    above which are acting in the event of a spill, those other
    trustees may join with the Federal trustees to name a Lead
    Administrative Trustee which shall exercise the duties defined in
    the regulations promulgated pursuant to Section 1006(e)(1) of OPA.
      "(d) Revisions to the NCP shall be made in consultation with
    members of the NRT prior to publication for notice and comment.
      "(e) All revisions to the NCP, whether in proposed or final form,
    shall be subject to review and approval by the Director of the
    Office of Management and Budget ("OMB")."
      (b) The functions vested in the President by Section 311(j)(4) of
    FWPCA, and Section 4202(b)(1) of OPA [set out as a note above],
    respecting the designation of Areas, the appointment of Area
    Committee members, the requiring of information to be included in
    Area Contingency Plans, and the review and approval of Area
    Contingency Plans are delegated to the Administrator of the
    Environmental Protection Agency ("Administrator") for the inland
    zone and the Secretary of the Department in which the Coast Guard
    is operating for the coastal zone (inland and coastal zones are
    defined in the NCP).
      Sec. 2. National Response System. (a) The functions vested in the
    President by Section 311(j)(1)(A) of FWPCA, respecting the
    establishment of methods and procedures for the removal of
    discharged oil and hazardous substances, and by Section
    311(j)(1)(B) of FWPCA respecting the establishment of criteria for
    the development and implementation of local and regional oil and
    hazardous substance removal contingency plans, are delegated to the
    Administrator for the inland zone and the Secretary of the
    Department in which the Coast Guard is operating for the coastal
    zone.
      (b)(1) The functions vested in the President by Section
    311(j)(1)(C) of FWPCA, respecting the establishment of procedures,
    methods, and equipment and other requirements for equipment to
    prevent and to contain discharges of oil and hazardous substances
    from non-transportation-related onshore facilities, are delegated
    to the Administrator.
      (2) The functions vested in the President by Section 311(j)(1)(C)
    of FWPCA, respecting the establishment of procedures, methods, and
    equipment and other requirements for equipment to prevent and to
    contain discharges of oil and hazardous substances from vessels and
    transportation-related onshore facilities and deepwater ports
    subject to the Deepwater Ports [Port] Act of 1974 ("DPA") [33
    U.S.C. 1501 et seq.], are delegated to the Secretary of
    Transportation and the Secretary of the Department in which the
    Coast Guard is operating.
      (3) The functions vested in the President by Section 311(j)(1)(C)
    of FWPCA, respecting the establishment of procedures, methods, and
    equipment and other requirements for equipment to prevent and to
    contain discharges of oil and hazardous substances from offshore
    facilities, including associated pipelines, other than deepwater
    ports subject to the DPA, are delegated to the Secretary of the
    Interior.
      (c) The functions vested in the President by Section 311(j)(1)(D)
    of FWPCA, respecting the inspection of vessels carrying cargoes of
    oil and hazardous substances and the inspection of such cargoes,
    are delegated to the Secretary of the Department in which the Coast
    Guard is operating.
      (d)(1) The functions vested in the President by Section 311(j)(5)
    of FWPCA and Section 4202(b)(4) of OPA [set out as a note above],
    respecting the issuance of regulations requiring the owners or
    operators of non-transportation-related onshore facilities to
    prepare and submit response plans, the approval of means to ensure
    the availability of private personnel and equipment, the review and
    approval of such response plans, and the authorization of non-
    transportation-related onshore facilities to operate without
    approved response plans, are delegated to the Administrator.
      (2) The functions vested in the President by Section 311(j)(5) of
    FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of
    regulations requiring the owners or operators of tank vessels,
    transportation-related onshore facilities and deepwater ports
    subject to the DPA, to prepare and submit response plans, the
    approval of means to ensure the availability of private personnel
    and equipment, the review and approval of such response plans, and
    the authorization of tank vessels, transportation-related onshore
    facilities and deepwater ports subject to the DPA to operate
    without approved response plans, are delegated to the Secretary of
    Transportation and the Secretary of the Department in which the
    Coast Guard is operating.
      (3) The functions vested in the President by Section 311(j)(5) of
    FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of
    regulations requiring the owners or operators of offshore
    facilities, including associated pipelines, other than deepwater
    ports subject to the DPA, to prepare and submit response plans, the
    approval of means to ensure the availability of private personnel
    and equipment, the review and approval of such response plans, and
    the authorization of offshore facilities, including associated
    pipelines, other than deepwater ports subject to the DPA, to
    operate without approved response plans, are delegated to the
    Secretary of the Interior.
      (e)(1) The functions vested in the President by Section
    311(j)(6)(A) of FWPCA, respecting the requirements for periodic
    inspections of containment booms and equipment used to remove
    discharges at non-transportation-related onshore facilities, are
    delegated to the Administrator.
      (2) The functions vested in the President by Section 311(j)(6)(A)
    of FWPCA, respecting the requirements for periodic inspections of
    containment booms and equipment used to remove discharges on
    vessels, and at transportation-related onshore facilities and
    deepwater ports subject to the DPA, are delegated to the Secretary
    of the Department in which the Coast Guard is operating.
      (3) The functions vested in the President by Section 311(j)(6)(A)
    of FWPCA, respecting the requirements for periodic inspections of
    containment booms and equipment used to remove discharges at
    offshore facilities, including associated pipelines, other than
    deepwater ports subject to the DPA, are delegated to the Secretary
    of the Interior.
      (f) The functions vested in the President by Section 311(j)(6)(B)
    of FWPCA, respecting requirements for vessels to carry appropriate
    removal equipment, are delegated to the Secretary of the Department
    in which the Coast Guard is operating.
      (g)(1) The functions vested in the President by Section 311(j)(7)
    of FWPCA, respecting periodic drills of removal capability under
    relevant response plans for onshore and offshore facilities located
    in the inland zone, and the publishing of annual reports on those
    drills, are delegated to the Administrator.
      (2) The functions vested in the President by Section 311(j)(7) of
    FWPCA, respecting periodic drills of removal capability under
    relevant response plans for tank vessels, and for onshore and
    offshore facilities located in the coastal zone, and the publishing
    of annual reports on those drills, are delegated to the Secretary
    of the Department in which the Coast Guard is operating.
      (h) No provision of Section 2 of this order, including, but not
    limited to, any delegation or assignment of any function hereunder,
    shall in any way affect, or be construed or interpreted to affect
    the authority of any Department or agency, or the head of any
    Department or agency under any provision of law other than Section
    311(j) of FWPCA or Section 4202(b)(4) of OPA.
      (i) The functions vested in the President by Section 311(j) of
    FWPCA or Section 4202(b)(4) of OPA which have been delegated or
    assigned by Section 2 of this order may be redelegated to the head
    of any Executive department or agency with his or her consent.
      Sec. 3. Removal. The functions vested in the President by Section
    311(c) of FWPCA and Section 1011 of OPA [33 U.S.C. 2711],
    respecting an effective and immediate removal or arrangement for
    removal of a discharge and mitigation or prevention of a
    substantial threat of a discharge of oil or a hazardous substance,
    the direction and monitoring of all Federal, State and private
    actions, the removal and destruction of a vessel, the issuance of
    directions, consulting with affected trustees, and removal
    completion determinations, are delegated to the Administrator for
    the inland zone and to the Secretary of the Department in which the
    Coast Guard is operating for the coastal zone.
      Sec. 4. Liability Limit Adjustment. (a) The functions vested in
    the President by Section 1004(d) of OPA [33 U.S.C. 2704(d)],
    respecting the establishment of limits of liability, with respect
    to classes or categories of non-transportation-related onshore
    facilities, the reporting to Congress on the desirability of
    adjusting limits of liability with respect to non-transportation-
    related onshore facilities, and the adjustment of limits of
    liability to reflect significant increases in the Consumer Price
    Index with respect to non-transportation-related onshore
    facilities, are delegated to the Administrator, acting in
    consultation with the Secretary of Transportation, the Secretary of
    Energy, and the Attorney General.
      (b) The functions vested in the President by Section 1004(d) of
    OPA, respecting the establishment of limits of liability, with
    respect to classes or categories of transportation-related onshore
    facilities, the reporting to Congress on the desirability of
    adjusting limits of liability, with respect to vessels or
    transportation-related onshore facilities and deepwater ports
    subject to the DPA, and the adjustment of limits of liability to
    reflect significant increases in the Consumer Price Index with
    respect to vessels or transportation-related onshore facilities and
    deepwater ports subject to the DPA, are delegated to the Secretary
    of Transportation.
      (c) The functions vested in the President by Section 1004(d) of
    OPA, respecting the reporting to Congress on the desirability of
    adjusting limits of liability with respect to offshore facilities,
    including associated pipelines, other than deepwater ports subject
    to the DPA, and the adjustment of limits of liability to reflect
    significant increases in the Consumer Price Index with respect to
    offshore facilities, including associated pipelines, other than
    deepwater ports subject to the DPA, are delegated to the Secretary
    of the Interior.
      Sec. 5. Financial Responsibility. (a)(1) The functions vested in
    the President by Section 1016(e) of OPA [33 U.S.C. 2716(e)],
    respecting (in the case of offshore facilities other than deepwater
    ports) the issuance of regulations concerning financial
    responsibility, the determination of acceptable methods of
    financial responsibility, and the specification of necessary or
    unacceptable terms, conditions, or defenses, are delegated to the
    Secretary of the Interior.
      (2) The functions vested in the President by Section 1016(e) of
    OPA, respecting (in the case of deepwater ports) the issuance of
    regulations concerning financial responsibility, the determination
    of acceptable methods of financial responsibility, and the
    specification of necessary or unacceptable terms, conditions, or
    defenses, are delegated to the Secretary of the Department in which
    the Coast Guard is operating.
      (b)(1) The functions vested in the President by Section 4303 of
    OPA [33 U.S.C. 2716a], respecting (in cases involving vessels) the
    assessment of civil penalties, the compromising, modification or
    remission, with or without condition, and the referral for
    collection of such imposed penalties, and requests to the Attorney
    General to secure necessary judicial relief, are delegated to the
    Secretary of the Department in which the Coast Guard is operating.
      (2) The functions vested in the President by Section 4303 of OPA,
    respecting (in cases involving offshore facilities other than
    deepwater ports) the assessment of civil penalties, the
    compromising, modification or remission, with or without condition,
    and the referral for collection of such imposed penalties, and
    requests to the Attorney General to secure necessary judicial
    relief, are delegated to the Secretary of the Interior.
      (3) The functions vested in the President by Section 4303 of OPA,
    respecting (in cases involving deepwater ports) the assessment of
    civil penalties, the compromising, modification or remission, with
    or without condition, and the referral for collection of such
    imposed penalties, and requests to the Attorney General to secure
    necessary judicial relief, are delegated to the Secretary of the
    Department in which the Coast Guard is operating.
      Sec. 6. Enforcement. (a) The functions vested in the President by
    Section 311(m)(1) of FWPCA, respecting the enforcement of Section
    311 with respect to vessels, are delegated to the Secretary of the
    Department in which the Coast Guard is operating.
      (b) The functions vested in the President by Section 311(e) of
    FWPCA, respecting determinations of imminent and substantial
    threat, requesting the Attorney General to secure judicial relief,
    and other action including issuing administrative orders, are
    delegated to the Administrator for the inland zone and to the
    Secretary of the Department in which the Coast Guard is operating
    for the coastal zone.
      Sec. 7. Management of the Oil Spill Liability Trust Fund and
    Claims. (a)(1)(A) The functions vested in the President by Section
    1012(a)(1), (3), and (4) of OPA [33 U.S.C. 2712(a)(1), (3), (4)]
    respecting payment of removal costs and claims and determining
    consistency with the National Contingency Plan (NCP) are delegated
    to the Secretary of the Department in which the Coast Guard is
    operating.
      (B) The functions vested in the President by Section 6002(b) of
    the OPA [33 U.S.C. 2752(b)] respecting making amounts, not to
    exceed $50,000,000 and subject to normal budget controls, in any
    fiscal year, available from the Fund (i) to carry out Section
    311(c) of FWPCA, and (ii) to initiate the assessment of natural
    resources damages required under Section 1006 of OPA [33 U.S.C.
    2706] are delegated to the Secretary of the Department in which the
    Coast Guard is operating. Such Secretary shall make amounts
    available from the Fund to initiate the assessment of natural
    resources damages exclusively to the Federal trustees designated in
    the NCP. Such Federal trustees shall allocate such amounts among
    all trustees required to assess natural resources damages under
    Section 1006 of OPA.
      (2) The functions vested in the President by Section 1012(a)(2)
    of OPA [33 U.S.C. 2712(a)(2)], respecting the payment of costs and
    determining consistency with the NCP, are delegated to the Federal
    trustees designated in the NCP.
      (3) The functions vested in the President by Section 1012(a)(5)
    of OPA, respecting the payment of costs and expenses of departments
    and agencies having responsibility for the implementation,
    administration, and enforcement of the Oil Pollution Act of 1990
    and subsections (b), (c), (d), (j) and (l) of Section 311 of FWPCA,
    are delegated to each head of such department and agency.
      (b) The functions vested in the President by Section 1012(c) of
    OPA, respecting designation of Federal officials who may obligate
    money, are delegated to each head of the departments and agencies
    to whom functions have been delegated under section 7(a) of this
    order for the purpose of carrying out such functions.
      (c)(1) The functions vested in the President by Section 1012(d)
    and (e) of OPA, respecting the obligation of the Trust Fund on the
    request of a Governor or pursuant to an agreement with a State,
    entrance into agreements with States, agreement upon terms and
    conditions, and the promulgation of regulations concerning such
    obligation and entrance into such agreement, are delegated to the
    Secretary of the Department in which the Coast Guard is operating,
    in consultation with the Administrator.
      (2) The functions vested in the President by Section 1013(e) of
    OPA [33 U.S.C. 2713(e)], respecting the promulgation and amendment
    of regulations for the presentation, filing, processing,
    settlement, and adjudication of claims under OPA against the Trust
    Fund, are delegated to the Secretary of the Department in which the
    Coast Guard is operating, in consultation with the Attorney
    General.
      (3) The functions vested in the President by Section 1012(a) of
    OPA, respecting the payment of costs, damages, and claims,
    delegated herein to the Secretary of the Department in which the
    Coast Guard is operating, include, inter alia, the authority to
    process, settle, and administratively adjudicate such costs,
    damages, and claims, regardless of amount.
      (d)(1) The Coast Guard is designated the "appropriate agency" for
    the purpose of receiving the notice of discharge of oil or
    hazardous substances required by Section 311(b)(5) of FWPCA, and
    the Secretary of the Department in which the Coast Guard is
    operating is authorized to issue regulations implementing this
    designation.
      (2) The functions vested in the President by Section 1014 of OPA
    [33 U.S.C. 2714], respecting designation of sources of discharges
    or threats, notification to responsible parties, promulgation of
    regulations respecting advertisements, the advertisement of
    designation, and notification of claims procedures, are delegated
    to the Secretary of the Department in which the Coast Guard is
    operating.
      Sec. 8. Miscellaneous. (a) The functions vested in the President
    by Section 311(b)(3) and (4) of FWPCA, as amended by the Oil
    Pollution Act of 1990, respecting the determination of quantities
    of oil and any hazardous substances the discharge of which may be
    harmful to the public health or welfare or the environment and the
    determinations of quantities, time, locations, circumstances, or
    conditions, which are not harmful, are delegated to the
    Administrator.
      (b) The functions vested in the President by Section 311(d)(2)(G)
    of FWPCA, respecting schedules of dispersant, chemical, and other
    spill mitigating devices or substances, are delegated to the
    Administrator.
      (c) The functions vested in the President by Section 1006(b)(3)
    and (4) of OPA [33 U.S.C. 2706(b)(3), (4)] respecting the receipt
    of designations of State and Indian tribe trustees for natural
    resources are delegated to the Administrator.
      (d) The function vested in the President by Section 3004 of OPA
    [104 Stat. 508], with respect to encouraging the development of an
    international inventory of equipment and personnel, is delegated to
    the Secretary of the Department in which the Coast Guard is
    operating, in consultation with the Secretary of State.
      (e) The functions vested in the President by Section 4113 of OPA
    [104 Stat. 516], respecting a study on the use of liners or other
    secondary means of containment for onshore facilities, and the
    implementation of the recommendations of the study, are delegated
    to the Administrator.
      (f) The function vested in the President by Section 5002(c)(2)(D)
    of OPA [33 U.S.C. 2732(c)(2)(D)], respecting the designating of an
    employee of the Federal Government who shall represent the Federal
    Government on the Oil Terminal Facilities and Oil Tanker Operations
    Associations, is delegated to the Secretary of the Department in
    which the Coast Guard is operating.
      (g) The functions vested in the President by Section 5002(o) of
    OPA, respecting the annual certification of alternative voluntary
    advisory groups, are delegated to the Secretary of the Department
    in which the Coast Guard is operating.
      (h) The function vested in the President by Section 7001(a)(3) of
    OPA [33 U.S.C. 2761(a)(3)], respecting the appointment of Federal
    agencies to membership on the Interagency Coordinating Committee on
    Oil Pollution Research, is delegated to the Secretary of the
    Department in which the Coast Guard is operating.
      (i) Executive Order No. 11735 of August 3, 1973, Executive Order
    No. 12123 of February 26, 1979, Executive Order No. 12418 of May 5,
    1983 and the memorandum of August 24, 1990, delegating certain
    authorities of the President under the Oil Pollution Act of 1990
    are revoked.
      Sec. 9. Consultation. Authorities and functions delegated or
    assigned by this order shall be exercised subject to consultation
    with the Secretaries of departments and the heads of agencies with
    statutory responsibilities which may be significantly affected,
    including, but not limited to, the Department of Justice.
      Sec. 10. Litigation. (a) Notwithstanding any other provision of
    this order, any representation pursuant to or under this order in
    any judicial proceedings shall be by or through the Attorney
    General. The conduct and control of all litigation arising under
    the Oil Pollution Act of 1990 [see Short Title note set out under
    section 2701 of this title] shall be the responsibility of the
    Attorney General.
      (b) Notwithstanding any other provision of this order, the
    authority under the Oil Pollution Act of 1990 to require the
    Attorney General to commence litigation is retained by the
    President.
      (c) Notwithstanding any other provision of this order, the
    Secretaries of the Departments of Transportation, Commerce,
    Interior, Agriculture, the Secretary of the Department in which the
    Coast Guard is operating, and/or the Administrator of the
    Environmental Protection Agency may request that the Attorney
    General commence litigation under the Oil Pollution Act of 1990.
      (d) The Attorney General, in his discretion, is authorized to
    require that, with respect to a particular oil spill, an agency
    refrain from taking administrative enforcement action without first
    consulting with the Attorney General.

FOOTNOTE

    (!1) So in original.
    (!2) See References in Text note below.
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