StatA

Page 421

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

tice of such default, such person shall forfeit to
the United States the sum of $1,000 for each and
every day of the continuance of such failure,
which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United
States in the district court of the United States
where such person has his principal office or in
any district in which he does business. The Administrator may upon application therefor
remit or mitigate any forfeiture provided for
under this subsection.
(e) Compensation of board members
Board members, other than officers or employees of Federal, State, or local governments,
shall be for each day (including travel-time)
during which they are performing board business, entitled to receive compensation at a rate
fixed by the Administrator but not in excess of
the maximum rate of pay for grade GS–18, as
provided in the General Schedule under section
5332 of title 5, and shall, notwithstanding the
limitations of sections 5703 and 5704 of title 5, be
fully reimbursed for travel, subsistence and related expenses.
(f) Enforcement proceedings
When any such recommendation adopted by
the Administrator involves the institution of
enforcement proceedings against any person to
obtain the abatement of pollution subject to
such recommendation, the Administrator shall
institute such proceedings if he believes that the
evidence warrants such proceedings. The district
court of the United States shall consider and determine de novo all relevant issues, but shall receive in evidence the record of the proceedings
before the conference or hearing board. The
court shall have jurisdiction to enter such judgment and orders enforcing such judgment as it
deems appropriate or to remand such proceedings to the Administrator for such further action as it may direct.
(June 30, 1948, ch. 758, title III, § 310, as added
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 860.)
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 1321. Oil and hazardous substance liability
(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

§ 1321

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;
1 So

in original.

§ 1321

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(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.

Page 422

(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

Page 423

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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,

§ 1321

may be assessed a class I or class II civil penalty by the Secretary of the department in
which the Coast Guard is operating, the Secretary of Transportation, 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

§ 1321

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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

Page 424

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

Page 425

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(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

§ 1321

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—
2 See

References in Text note below.

§ 1321

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(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.

Page 426

(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 caseby-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

Page 427

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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

§ 1321

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

§ 1321

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(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.

Page 428

(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

Page 429

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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;

§ 1321

(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.

§ 1321

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(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.

Page 430

(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—

Page 431

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(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

§ 1321

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, § 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, the
Secretary of Transportation, 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, the
Secretary of Transportation, or the Secretary of the Department in which the Coast
Guard is operating or an authorized rep-

§ 1321

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

resentative 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

Page 432

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, § 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.
(June 30, 1948, ch. 758, title III, § 311, as added
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 862;
amended Pub. L. 93–207, § 1(4), Dec. 28, 1973, 87
Stat. 906; Pub. L. 95–217, §§ 57, 58(a)–(g), (i),
(k)–(m), Dec. 27, 1977, 91 Stat. 1593–1596; Pub. L.
95–576, § 1(b), Nov. 2, 1978, 92 Stat. 2467; Pub. L.
96–478, § 13(b), Oct. 21, 1980, 94 Stat. 2303; Pub. L.
96–483, § 8, Oct. 21, 1980, 94 Stat. 2362; Pub. L.
96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300;
Pub. L. 97–164, title I, § 161(5), Apr. 2, 1982, 96
Stat. 49; Pub. L. 100–4, title V, § 502(b), Feb. 4,
1987, 101 Stat. 75; Pub. L. 101–380, title II,
§ 2002(b), title IV, §§ 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, § 349, Oct. 6, 1992, 106 Stat. 1554;
Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992,
106 Stat. 4516; Pub. L. 104–208, div. A, title I,
§ 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat.
3009, 3009–41; Pub. L. 104–324, title XI, §§ 1143, 1144,
Oct. 19, 1996, 110 Stat. 3992; Pub. L. 105–383, title
IV, § 411, Nov. 13, 1998, 112 Stat. 3432; Pub. L.
108–293, title VII, § 701(a), (b), (d), Aug. 9, 2004, 118
Stat. 1067, 1068; Pub. L. 109–241, title VI, § 608,
title IX, § 901(i), July 11, 2006, 120 Stat. 558, 564;
Pub. L. 112–90, § 10, Jan. 3, 2012, 125 Stat. 1912.)
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 (§ 1331 et seq.) of chapter 29 of
Title 43, Public Lands. For complete classification of

Page 433

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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 (§ 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
(§ 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, § 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,
§ 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,
§ 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 (§ 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 (§ 2701 et seq.) of this title. Title I of the Act
is classified generally to subchapter I (§ 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, § 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 App. U.S.C. 91)’’ on authority of Pub.
L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act
enacted section 60105 of Title 46, Shipping.
AMENDMENTS
2012—Subsec. (b)(6)(A). Pub. L. 112–90, § 10(b), substituted ‘‘operating, the Secretary of Transportation,
or’’ for ‘‘operating or’’ in concluding provisions.
Subsec. (m)(2)(A), (B). Pub. L. 112–90, § 10(a), which directed amendment of subpars. (A) and (B) by substituting ‘‘Administrator, the Secretary of Transportation,
or’’ for ‘‘Administrator or’’ was executed by making
the substitution the first place appearing in each subpar., to reflect the probable intent of Congress.

§ 1321

2006—Subsec. (a)(26). Pub. L. 109–241, § 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,
§ 901(i)(1), substituted ‘‘nontank’’ for ‘‘non-tank’’ wherever appearing.
Subsec. (j)(5)(H). Pub. L. 109–241, § 901(i)(2), amended
directory language of Pub. L. 108–293, § 701(b)(9). See
2004 Amendment note below.
2004—Subsec. (a)(26). Pub. L. 108–293, § 701(a), added
par. (26).
Subsec. (j)(5). Pub. L. 108–293, § 701(b)(1), inserted
‘‘, nontank vessel,’’ after ‘‘vessel’’ in heading.
Subsec. (j)(5)(A). Pub. L. 108–293, § 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, § 701(d)(2), added subpar. (B). Former subpar. (B) redesignated (C).
Pub. L. 108–293, § 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, § 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, § 701(d)(1), redesignated subpar. (C) as (D). Former subpar (D) redesignated (E).
Pub. L. 108–293, § 701(b)(5), inserted ‘‘, nontank vessel,’’ after ‘‘vessel’’ in introductory provisions and
added cl. (v).
Subsec. (j)(5)(E). Pub. L. 108–293, § 701(d)(1), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).
Pub. L. 108–293, § 701(b)(6), inserted ‘‘non-tank vessel,’’
after ‘‘vessel,’’ in two places.
Subsec. (j)(5)(F). Pub. L. 108–293, § 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, § 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, § 701(d)(1), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (H).
Pub. L. 108–293, § 701(b)(8), inserted ‘‘nontank vessel,’’
after ‘‘vessel,’’.
Subsec. (j)(5)(H). Pub. L. 108–293, § 701(d)(1), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I).
Pub. L. 108–293, § 701(b)(9), as amended by Pub. L.
109–241, § 901(i)(2), inserted ‘‘and nontank vessel’’ after
‘‘each tank vessel’’.
Subsec. (j)(5)(I). Pub. L. 108–293, § 701(d)(1), redesignated subpar. (H) as (I).
Subsec. (j)(6). Pub. L. 108–293, § 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, § 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, § 701(b)(12), inserted
‘‘, nontank vessel,’’ after ‘‘vessel’’.
1998—Subsec. (a)(2). Pub. L. 105–383, § 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, § 411(a)(1), substituted
‘‘to prevent, minimize, or mitigate damage’’ for ‘‘to
minimize or mitigate damage’’.

§ 1321

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Subsec. (a)(25). Pub. L. 105–383, § 411(a)(2), added par.
(25).
Subsec. (c)(4)(A). Pub. L. 105–383, § 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, § 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, § 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, § 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, § 4201(b)(1)[(c)(1)],
inserted ‘‘containment and’’ after ‘‘refers to’’.
Subsec. (a)(16). Pub. L. 101–380, § 4201(b)(2)[(c)(2)], substituted semicolon for period at end.
Subsec. (a)(17). Pub. L. 101–380, § 4201(b)(3)[(c)(3)], substituted ‘‘otherwise’’ for ‘‘Otherwise’’ and semicolon for
period at end.
Subsec.
(a)(18)
to
(24).
Pub.
L.
101–380,
§ 4201(b)(4)[(c)(4)], added pars. (18) to (24).
Subsec. (b)(4). Pub. L. 101–380, § 4204, inserted ‘‘or the
environment’’ after ‘‘the public health or welfare’’.
Subsec. (b)(5). Pub. L. 101–380, § 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, § 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, § 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, § 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 pub-

Page 434

lic 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, § 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, § 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, § 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, § 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, § 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 instru-

Page 435

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

mentalities to carry out the provisions of subsections
(c) and (i) of this section.’’
Subsec. (m). Pub. L. 101–380, § 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, § 4202(c), inserted ‘‘, or
with respect to any removal activities related to such
discharge’’ after ‘‘within such State’’.
Subsec. (p). Pub. L. 101–380, § 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, § 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, § 1(b)(1), excluded
discharges described in cls. (A) to (C) from term ‘‘discharge’’.
Subsec. (a)(17). Pub. L. 95–576, § 1(b)(2), added par. (17).
Subsec. (b)(2)(B). Pub. L. 95–576, § 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, § 1(b)(4), substituted
‘‘such quantities as may be harmful’’ for ‘‘harmful
quantities’’.
Subsec. (b)(4). Pub. L. 95–576, § 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’’.

§ 1321

Subsec. (b)(5). Pub. L. 95–576, § 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, § 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, § 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, § 58(d)(1), added
pars. (15) and (16).
Subsec. (b)(1). Pub. L. 95–217, § 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, § 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, § 57, added cl. (v).
Subsec. (b)(3). Pub. L. 95–217, § 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, § 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, § 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, § 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, § 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, § 58(e), substituted
‘‘and imminent threats of such discharges to the appropriate State and Federal agencies;’’ for ‘‘to the appropriate Federal agency;’’.

§ 1321

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Subsec. (d). Pub. L. 95–217, § 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, § 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, § 58(d)(5), (6), substituted ‘‘$50,000,000’’ for ‘‘$8,000,000’’.
Subsec. (f)(4), (5). Pub. L. 95–217, § 58(g), added pars. (4)
and (5).
Subsec. (g). Pub. L. 95–217, § 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, § 58(m), inserted reference to the Deepwater Port Act of 1974.
Subsec. (j)(2). Pub. L. 95–217, § 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, § 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, § 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, § 58(i), added subsecs.
(q) and (r).
1973—Subsec. (f). Pub. L. 93–207, § 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, § 1(4)(C), substituted
‘‘(b)(3)’’ for ‘‘(b)(2)’’ wherever appearing.
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–241, title IX, § 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, § 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.

Page 436

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, §§ 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.

EFFECTIVE DATE OF 1992 AMENDMENT

TERMINATION OF UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF THE CANAL ZONE

Amendment by Pub. L. 102–572 effective Oct. 29, 1992,
see section 911 of Pub. L. 102–572, set out as a note

For termination of the United States District Court
for the District of the Canal Zone at end of the ‘‘transi-

Page 437

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

tion 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.
RULEMAKINGS
Pub. L. 111–281, title VII, § 701(a), (b), Oct. 15, 2010, 124
Stat. 2980, provided that:
‘‘(a) STATUS REPORT.—
‘‘(1) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act [Oct. 15, 2010], the Secretary of the department in which the Coast Guard is
operating shall provide a report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on
Transportation and Infrastructure on the status of all
Coast Guard rulemakings required or otherwise being
developed (but for which no final rule has been issued
as of the date of enactment of this Act) under section
311 of the Federal Water Pollution Control Act (33
U.S.C. 1321).
‘‘(2) INFORMATION REQUIRED.—The Secretary shall
include in the report required in paragraph (1)—
‘‘(A) a detailed explanation with respect to each
such rulemaking as to—
‘‘(i) what steps have been completed;
‘‘(ii) what areas remain to be addressed; and
‘‘(iii) the cause of any delays; and
‘‘(B) the date by which a final rule may reasonably be expected to be issued.
‘‘(b) FINAL RULES.—The Secretary shall issue a final
rule in each pending rulemaking described in subsection (a) as soon as practicable, but in no event later
than 18 months after the date of enactment of this
Act.’’
IMPLEMENTATION DATE FOR VESSEL RESPONSE PLANS
FOR NONTANK VESSELS
Pub. L. 108–293, title VII, § 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, § 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);

§ 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

§ 1321

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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,
§ 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, § 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, § 34, Feb. 28, 2003, 68 F.R.
10625, provided:

Page 438

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 trust-

Page 439

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

ee 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 nontransportation-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 nontransportation-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.

§ 1321

(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

§ 1321

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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 nontransportation-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.

Page 440

(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

Page 441

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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 sub-

§ 1321a

ject 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.

§ 1321a. Prevention of small oil spills
(a) Prevention and education program
The Under Secretary of Commerce for Oceans
and Atmosphere, in consultation with the Secretary of the Department in which the Coast
Guard is operating and other appropriate agencies, shall establish an oil spill prevention and
education program for small vessels. The program shall provide for assessment, outreach,
and training and voluntary compliance activities to prevent and improve the effective response to oil spills from vessels and facilities
not required to prepare a vessel response plan
under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), including recreational
vessels, commercial fishing vessels, marinas,
and aquaculture facilities. The Under Secretary
may provide grants to sea grant colleges and institutes designated under section 1126 of this
title and to State agencies, tribal governments,
and other appropriate entities to carry out—
(1) regional assessments to quantify the
source, incidence and volume of small oil
spills, focusing initially on regions in the
country where, in the past 10 years, the incidence of such spills is estimated to be the
highest;
(2) voluntary, incentive-based clean marina
programs that encourage marina operators,
recreational boaters, and small commercial
vessel operators to engage in environmentally
sound operating and maintenance procedures
and best management practices to prevent or
reduce pollution from oil spills and other
sources;
(3) cooperative oil spill prevention education
programs that promote public understanding
of the impacts of spilled oil and provide useful
information and techniques to minimize pollution, including methods to remove oil and reduce oil contamination of bilge water, prevent
accidental spills during maintenance and refueling and properly cleanup and dispose of oil
and hazardous substances; and