StatA 33 USC 2712 (a) through (e)

33 U.S.C.
United States Code, 2011 Edition
Title 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2712 - Uses of Fund
From the U.S. Government Printing Office, www.gpo.gov

§2712. Uses of Fund
(a) Uses generally
The Fund shall be available to the President for—
(1) the payment of removal costs, including the costs of monitoring removal
actions, determined by the President to be consistent with the National
Contingency Plan—
(A) by Federal authorities; or
(B) by a Governor or designated State official under subsection (d) of this
section;
(2) the payment of costs incurred by Federal, State, or Indian tribe trustees in
carrying out their functions under section 2706 of this title for assessing natural
resource damages and for developing and implementing plans for the
restoration, rehabilitation, replacement, or acquisition of the equivalent of
damaged resources determined by the President to be consistent with the
National Contingency Plan;
(3) the payment of removal costs determined by the President to be
consistent with the National Contingency Plan as a result of, and damages
resulting from, a discharge, or a substantial threat of a discharge, of oil from a
foreign offshore unit;
(4) the payment of claims in accordance with section 2713 of this title for
uncompensated removal costs determined by the President to be consistent with
the National Contingency Plan or uncompensated damages;
(5) the payment of Federal administrative, operational, and personnel costs
and expenses reasonably necessary for and incidental to the implementation,
administration, and enforcement of this Act (including, but not limited to,
sections 1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, and
title VII) and subsections (b), (c), (d), (j), and (l) of section 1321 of this title
with respect to prevention, removal, and enforcement related to oil discharges,
provided that—
(A) not more than $25,000,000 in each fiscal year shall be available to the
Secretary for operating expenses incurred by the Coast Guard;
(B) not more than $15,000,000 in each fiscal year shall be available to the
Under Secretary of Commerce for Oceans and Atmosphere for expenses
incurred by, and activities related to, response and damage assessment
capabilities of the National Oceanic and Atmospheric Administration;

(C) not more than $30,000,000 each year through the end of fiscal year
1992 shall be available to establish the National Response System under
section 1321(j) of this title, including the purchase and prepositioning of oil
spill removal equipment; and
(D) not more than $27,250,000 in each fiscal year shall be available to
carry out subchapter IV of this chapter; and
(6) the making of loans pursuant to the program established under section
2713(f) of this title.
(b) Defense to liability for Fund
The Fund shall not be available to pay any claim for removal costs or damages to a
particular claimant, to the extent that the incident, removal costs, or damages are caused
by the gross negligence or willful misconduct of that claimant.
(c) Obligation of Fund by Federal officials
The President may promulgate regulations designating one or more Federal officials
who may obligate money in accordance with subsection (a) of this section.
(d) Access to Fund by State officials
(1) Immediate removal
In accordance with regulations promulgated under this section, the President,
upon the request of the Governor of a State or pursuant to an agreement with a
State under paragraph (2), may obligate the Fund for payment in an amount not
to exceed $250,000 for removal costs consistent with the National Contingency
Plan required for the immediate removal of a discharge, or the mitigation or
prevention of a substantial threat of a discharge, of oil.
(2) Agreements
(A) In general
The President shall enter into an agreement with the Governor of any
interested State to establish procedures under which the Governor or a
designated State official may receive payments from the Fund for removal
costs pursuant to paragraph (1).
(B) Terms
Agreements under this paragraph—
(i) may include such terms and conditions as may be agreed upon by the
President and the Governor of a State;
(ii) shall provide for political subdivisions of the State to receive
payments for reasonable removal costs; and
(iii) may authorize advance payments from the Fund to facilitate
removal efforts.
(e) Regulations
The President shall—

(1) not later than 6 months after August 18, 1990, publish proposed
regulations detailing the manner in which the authority to obligate the Fund and
to enter into agreements under this subsection shall be exercised; and
(2) not later than 3 months after the close of the comment period for such
proposed regulations, promulgate final regulations for that purpose.