StatA Federal Water Pollution Control Act Section 311 (b) (5)

Clean Water Act
Section 311 - Oil and Hazardous Substances
Liability
§ 1321. Oil and hazardous substances 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 402 of this Act [42 USCS § 1342], (B) discharges resulting from circumstances
identified and reviewed and made a part of the public record with respect to a permit issued or
modified under section 402 of this Act [42 USCS § 1342], and subject to a condition in such
permit,[,] (C) continuous or anticipated intermittent discharges from a point source, identified
in a permit or permit application under section 402 of this Act [42 USCS § 1342], 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 [15

UST 1606];
(10) "onshore facility" means any facility (including, but not limited to, motor vehicles and
rolling stock) of any kind located in, on, or under, any land within the United States other than
submerged land;
(11) "offshore facility" means any facility of any kind located in, on, or under, any of the
navigable waters of the United States, and any facility of any kind which is subject to the
jurisdiction of the United States and is located in, on, or under any other waters, other than a
vessel or a public vessel;
(12) "act of God" means an act occasioned by an unanticipated grave natural disaster;
(13) "barrel" means 42 United States gallons at 60 degrees Fahrenheit;
(14) "hazardous substance" means any substance designated pursuant to subsection (b)(2) of
this section;
(15) "inland oil barge" means a non-self-propelled vessel carrying oil in bulk as cargo and
certificated to operate only in the inland waters of the United States, while operating in such
waters;
(16) "inland waters of the United States" means those waters of the United States lying inside
the baseline from which the territorial sea is measured and those waters outside such baseline
which are a part of the Gulf Intracoastal Waterway;
(17) "otherwise subject to the jurisdiction of the United States" means subject to the
jurisdiction of the United States by virtue of United States citizenship, United States vessel
documentation or numbering, or as provided for by international agreement to which the
United States is a party;
(18) "Area Committee" means an Area Committee established under subsection (j);
(19) "Area Contingency Plan" means an Area Contingency Plan prepared under subsection (j);
(20) "Coast Guard District Response Group" means a Coast Guard District Response Group
established under subsection (j);
(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);
(23) "National Response Unit" means the National Response Unit established under subsection
(j);
(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 of 400 gross tons as measured under
section 14302 of title 46, United States Code, 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.
(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 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
Magnuson-Stevens Fishery Conservation and Management Act of 1976).
(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 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 Magnuson-Stevens Fishery Conservation and Management Act of 1976), 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 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
Magnuson-Stevens Fishery Conservation and Management Act of 1976), 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 of 1976), 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, United
States Code, 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) to which that
owner, operator, or person in charge is subject,
may be assessed a class I or class II civil penalty by the Secretary of the department in which
the Coast Guard is operating or the Administrator.
(B) Classes of penalties.
(i) Class I. The amount of a class I civil penalty under subparagraph (A) may not exceed $

10,000 per violation, except that the maximum amount of any class I civil penalty under this
subparagraph shall not exceed $ 25,000. Before assessing a civil penalty under this clause,
the Administrator or Secretary, as the case may be, shall give to the person to be assessed
such penalty written notice of the Administrator's or Secretary's proposal to assess the penalty
and the opportunity to request, within 30 days of the date the notice is received by such
person, a hearing on the proposed penalty. Such hearing shall not be subject to section 554 or
556 of title 5, United States Code, 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, United States Code. The Administrator and Secretary
may issue rules for discovery procedures for hearings under this paragraph.
(C) Rights of interested persons.
(i) Public notice. Before issuing an order assessing a class II civil penalty under this paragraph
the Administrator or Secretary, as the case may be, shall provide public notice of and
reasonable opportunity to comment on the proposed issuance of such order.
(ii) Presentation of evidence. Any person who comments on a proposed assessment of a class
II civil penalty under this paragraph shall be given notice of any hearing held under this
paragraph and of the order assessing such penalty. In any hearing held under this paragraph,
such person shall have a reasonable opportunity to be heard and to present evidence.
(iii) Rights of interested persons to a hearing. If no hearing is held under subparagraph (B)
before issuance of an order assessing a class II civil penalty under this paragraph, any person
who commented on the proposed assessment may petition, within 30 days after the issuance
of such order, the Administrator or Secretary, as the case may be, to set aside such order and
to provide a hearing on the penalty. If the evidence presented by the petitioner in support of
the petition is material and was not considered in the issuance of the order, the Administrator
or Secretary shall immediately set aside such order and provide a hearing in accordance with
subparagraph (B)(ii). If the Administrator or Secretary denies a hearing under this clause, the
Administrator or Secretary shall provide to the petitioner, and publish in the Federal Register,
notice of and the reasons for such denial.
(D) Finality of order. An order assessing a class II civil penalty under this paragraph shall
become final 30 days after its issuance unless a petition for judicial review is filed under
subparagraph (G) or a hearing is requested under subparagraph (C)(iii). If such a hearing is
denied, such order shall become final 30 days after such denial.
(E) Effect of order. Action taken by the Administrator or Secretary, as the case may be, under
this paragraph shall not affect or limit the Administrator's or Secretary's authority to enforce
any provision of this Act [33 USCS § § 1251 et seq.]; 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 309(d),
309(g), or 505 of this Act [33 USCS § § 1319(d), (g), 1365] 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 Act [33 USCS
§ § 1251 et seq.].
(G) Judicial review. Any person against whom a civil penalty is assessed under this paragraph
or who commented on the proposed assessment of such penalty in accordance with
subparagraph (C) may obtain review of such assessment-(i) in the case of assessment of a class I civil penalty, in the United States District Court for
the District of Columbia or in the district in which the violation is alleged to have occurred, or
(ii) in the case of assessment of a class II civil penalty, in United States Court of Appeals for
the District of Columbia Circuit or for any other circuit in which such person resides or
transacts business,
by filing a notice of appeal in such court within the 30-day period beginning on the date the
civil penalty order is issued and by simultaneously sending a copy of such notice by certified
mail to the Administrator or Secretary, as the case may be, and the Attorney General. The
Administrator or Secretary shall promptly file in such court a certified copy of the record on
which the order was issued. Such court shall not set aside or remand such order unless there
is not substantial evidence in the record, taken as a whole, to support the finding of a violation
or unless the Administrator's or Secretary's assessment of the penalty constitutes an abuse of
discretion and shall not impose additional civil penalties for the same violation unless the
Administrator's or Secretary's assessment of the penalty constitutes an abuse of discretion.
(H) Collection. If any person fails to pay an assessment of a civil penalty-(i) after the assessment has become final, or
(ii) after a court in an action brought under subparagraph (G) has entered a final judgment in
favor of the Administrator or Secretary, as the case may be,
the Administrator or Secretary shall request the Attorney General to bring a civil action in an
appropriate district court to recover the amount assessed (plus interest at currently prevailing
rates from the date of the final order or the date of the final judgment, as the case may be).
In such an action, the validity, amount, and appropriateness of such penalty shall not be
subject to review. Any person who fails to pay on a timely basis the amount of an assessment
of a civil penalty as described in the first sentence of this subparagraph shall be required to
pay, in addition to such amount and interest, attorneys fees and costs for collection
proceedings and a quarterly nonpayment penalty for each quarter during which such failure to
pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the
aggregate amount of such person's penalties and nonpayment penalties which are unpaid as
of the beginning of such quarter.

(I) Subpoenas. The Administrator or Secretary, as the case may be, may issue subpoenas for
the attendance and testimony of witnesses and the production of relevant papers, books, or
documents in connection with hearings under this paragraph. In case of contumacy or refusal
to obey a subpoena issued pursuant to this subparagraph and served upon any person, the
district court of the United States for any district in which such person is found, resides, or
transacts business, upon application by the United States and after notice to such person,
shall have jurisdiction to issue an order requiring such person to appear and give testimony
before the administrative law judge or to appear and produce documents before the
administrative law judge, or both, and any failure to obey such order of the court may be
punished by such court as a contempt thereof.
(7) Civil penalty action.
(A) Discharge, generally. Any person who is the owner, operator, or person in charge of any
vessel, onshore facility, or offshore facility from which oil or a hazardous substance is
discharged in violation of paragraph (3), shall be subject to a civil penalty in an amount up to
$ 25,000 per day of violation or an amount up to $ 1,000 per barrel of oil or unit of reportable
quantity of hazardous substances discharged.
(B) Failure to remove or comply. Any person described in subparagraph (A) who, without
sufficient cause-(i) fails to properly carry out removal of the discharge under an order of the President
pursuant to subsection (c); or
(ii) fails to comply with an order pursuant to subsection (e)(1)(B);
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) 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 309(b) of this Act
[33 USCS § 1319(b)].
(11) Limitation. Civil penalties shall not be assessed under both this section and section 309
[33 USCS § 1319] for the same discharge.
(12) Withholding clearance. If any owner, operator, or person in charge of a vessel is liable for
a civil penalty under this subsection, or if reasonable cause exists to believe that the owner,
operator, or person in charge may be subject to a civil penalty under this subsection, the
Secretary of the Treasury, upon the request of the Secretary of the department in which the
Coast Guard is operating or the Administrator, shall with respect to such vessel refuse or
revoke-(A) the clearance required by section 4197 of the Revised Statutes of the United States (46
U.S.C. App. 91);
(B) a permit to proceed under
as applicable. Clearance or a permit refused or revoked under this paragraph may be granted
upon the filing of a bond or other surety satisfactory to the Secretary of the department in
which the Coast Guard is operating or the Administrator.
(c) Federal removal authority.
(1) General removal requirement.
(A) The President shall, in accordance with the National Contingency Plan and any appropriate
Area Contingency Plan, ensure effective and immediate removal of a discharge, and mitigation
or prevention of a substantial threat of a discharge, of oil or a hazardous substance-(i) into or on the navigable waters;
(ii) on the adjoining shorelines to the navigable waters;
(iii) into or on the waters of the exclusive economic zone; or
(iv) that may affect natural resources belonging to, appertaining to, or under the exclusive
management authority of the United States.
(B) In carrying out this paragraph, the President may-(i) remove or arrange for the removal of a discharge, and mitigate or prevent a substantial
threat of a discharge, at any time;
(ii) direct or monitor all Federal, State, and private actions to remove a discharge; and
(iii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by

whatever means are available.
(2) Discharge posing substantial threat to public health or welfare.
(A) If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from
a vessel, offshore facility, or onshore facility is of such a size or character as to be a
substantial threat to the public health or welfare of the United States (including but not limited
to fish, shellfish, wildlife, other natural resources, and the public and private beaches and
shorelines of the United States), the President shall direct all Federal, State, and private
actions to remove the discharge or to mitigate or prevent the threat of the discharge.
(B) In carrying out this paragraph, the President may, without regard to any other provision of
law governing contracting procedures or employment of personnel by the Federal
Government-(i) remove or arrange for the removal of the discharge, or mitigate or prevent the substantial
threat of the discharge; and
(ii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by
whatever means are available.
(3) Actions in accordance with National Contingency Plan.
(A) Each Federal agency, State, owner or operator, or other person participating in efforts
under this subsection shall act in accordance with the National Contingency Plan or as directed
by the President.
(B) An owner or operator participating in efforts under this subsection shall act in accordance
with the National Contingency Plan and the applicable response plan required under subsection
(j), 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.
(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 USCS
§ 2701].
(d) National Contingency Plan.
(1) Preparation by President. The President shall prepare and publish a National Contingency
Plan for removal of oil and hazardous substances pursuant to this section.
(2) Contents. The National Contingency Plan shall provide for efficient, coordinated, and
effective action to minimize damage from oil and hazardous substance discharges, including
containment, dispersal, and removal of oil and hazardous substances, and shall include, but
not be limited to, the following:
(A) Assignment of duties and responsibilities among Federal departments and agencies in
coordination with State and local agencies and port authorities including, but not limited to,
water pollution control and conservation and trusteeship of natural resources (including
conservation of fish and wildlife).
(B) Identification, procurement, maintenance, and storage of equipment and supplies.
(C) Establishment or designation of Coast Guard strike teams, consisting of-(i) personnel who shall be trained, prepared, and available to provide necessary services to
carry out the National Contingency Plan;
(ii) adequate oil and hazardous substance pollution control equipment and material; and
(iii) a detailed oil and hazardous substance pollution and prevention plan, including measures
to protect fisheries and wildlife.
(D) A system of surveillance and notice designed to safeguard against as well as ensure
earliest possible notice of discharges of oil and hazardous substances and imminent threats of
such discharges to the appropriate State and Federal agencies.
(E) Establishment of a national center to provide coordination and direction for operations in
carrying out the Plan.
(F) Procedures and techniques to be employed in identifying, containing, dispersing, and
removing oil and hazardous substances.
(G) A schedule, prepared in cooperation with the States, identifying-(i) dispersants, other chemicals, and other spill mitigating devices and substances, if any, that
may be used in carrying out the Plan,
(ii) the waters in which such dispersants, other chemicals, and other spill mitigating devices
and substances may be used, and
(iii) the quantities of such dispersant, other chemicals, or other spill mitigating device or
substance which can be used safely in such waters, which schedule shall provide in the case of
any dispersant, chemical, spill mitigating device or substance, or waters not specifically
identified in such schedule that the President, or his delegate, may, on a case-by-case basis,
identify the dispersants, other chemicals, and other spill mitigating devices and substances

which may be used, the waters in which they may be used, and the quantities which can be
used safely in such waters.
(H) A system whereby the State or States affected by a discharge of oil or hazardous
substance may act where necessary to remove such discharge and such State or States may
be reimbursed in accordance with the Oil Pollution Act of 1990, 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).
(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).
(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); and
(iv) Area Committees established under subsection (j).
(M) A fish and wildlife response plan, developed in consultation with the United States Fish
and Wildlife Service, the National Oceanic and Atmospheric Administration, and other
interested parties (including State fish and wildlife conservation officials), for the immediate
and effective protection, rescue, and rehabilitation of, and the minimization of risk of damage
to, fish and wildlife resources and their habitat that are harmed or that may be jeopardized by
a discharge.
(3) Revisions and amendments. The President may, from time to time, as the President deems
advisable, revise or otherwise amend the National Contingency Plan.
(4) Actions in accordance with National Contingency Plan. After publication of the National
Contingency Plan, the removal of oil and hazardous substances and actions to minimize
damage from oil and hazardous substance discharges shall, to the greatest extent possible, be
in accordance with the National Contingency Plan.
(e) Civil enforcement.
(1) Orders protecting public health. In addition to any action taken by a State or local
government, when the President determines that there may be an imminent and substantial
threat to the public health or welfare of the United States, including fish, shellfish, and wildlife,
public and private property, shorelines, beaches, habitat, and other living and nonliving
natural resources under the jurisdiction or control of the United States, because of an actual or
threatened discharge of oil or a hazardous substance from a vessel or facility in violation of
subsection (b), 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, not withstanding [notwithstanding] any other provision of law, be
liable to the United States Government for the actual costs incurred under subsection (c) for
the removal of such oil or substance by the United States Government in an amount not to
exceed in the case of an inland oil barge $ 125 per gross ton of such barge, or $ 125,000,
whichever is greater, and in the case of any other vessel, $ 150 per gross ton of such vessel
(or, for a vessel carrying oil or hazardous substances as cargo, $ 250,000), whichever is
greater, except that where the United States can show that such discharge was the result of
willful negligence or willful misconduct within the privity and knowledge of the owner, such
owner or operator shall be liable to the United States Government for the full amount of such
costs. Such costs shall constitute a maritime lien on such vessel which may be recovered in an
action in rem in the district court of the United States for any district within which any vessel
may be found. The United States may also bring an action against the owner or operator of
such vessel in any court of competent jurisdiction to recover such costs.
(2) Except where an owner or operator of an onshore facility can prove that a discharge was
caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United
States Government, or (D) an act or omission of a third party without regard to whether any
such act or omission was or was not negligent, or any combination of the foregoing clauses,
such owner or operator of any such facility from which oil or a hazardous substance is
discharged in violation of subsection (b)(3) of this section shall be liable to the United States
Government for the actual costs incurred under subsection (c) 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) for the removal of such oil or substance by the United States Government in an
amount not to exceed $ 50,000,000 except that where the United States can show that such
discharge was the result of willful negligence or willful misconduct within the privity and
knowledge of the owner, such owner or operator shall be liable to the United States
Government for the full amount of such costs. The United States may bring an action against
the owner or operator of such a facility in any court of competent jurisdiction to recover such
costs.
(4) The costs of removal of oil or a hazardous substance for which the owner or operator of a
vessel or onshore or offshore facility is liable under subsection (f) of this section shall include
any costs or expenses incurred by the Federal Government or any State government in the
restoration or replacement of natural resources damaged or destroyed as a result of a
discharge of oil or a hazardous substance in violation of subsection (b) of this section.
(5) The President, or the authorized representative of any State, shall act on behalf of the
public as trustee of the natural resources to recover for the costs of replacing or restoring such
resources. Sums recovered shall be used to restore, rehabilitate, or acquire the equivalent of
such natural resources by the appropriate agencies of the Federal Government, or the State
government.
(g) Third party liability. Where the owner or operator of a vessel (other than an inland oil
barge) carrying oil or hazardous substances as cargo or an onshore or offshore facility which
handles or stores oil or hazardous substances in bulk, from which oil or a hazardous substance
is discharged in violation of subsection (b) of this section, alleges that such discharge was
caused solely by an act or omission of a third party, such owner or operator shall pay to the
United States Government the actual costs incurred under subsection (c) 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) for removal of such oil or
substance by the United States Government, except where such third party can prove that
such discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on
the part of the United States Government, or (D) an act or omission of another party without
regard to whether such act or omission was or was not negligent, or any combination of the
foregoing clauses. If such third party was the owner or operator of a vessel which caused the
discharge of oil or a hazardous substance in violation of subsection (b)(3) of this section, the
liability of such third party under this subsection shall not exceed, in the case of an inland oil
barge $ 125 per gross ton of such barge, or $ 125,000, whichever is greater, and in the case
of any other vessel, $ 150 per gross ton of such vessel (or, for a vessel carrying oil or
hazardous substances as cargo, $ 250,000), whichever is greater. In any other case the
liability of such third party shall not exceed the limitation which would have been applicable to
the owner or operator of the vessel or the onshore or offshore facility from which the
discharge actually occurred if such owner or operator were liable. If the United States can
show that the discharge of oil or a hazardous substance in violation of subsection (b)(3) of this
section was the result of willful negligence or willful misconduct within the privity and
knowledge of such third party, such third party shall be liable to the United States
Government for the full amount of such removal costs. The United States may bring an action
against the third party in any court of competent jurisdiction to recover such removal costs.
(h) Rights against third parties who caused or contributed to discharge. The liabilities
established by this section shall in no way affect any rights which (1) the owner or operator of
a vessel or of an onshore facility or an offshore facility may have against any third party
whose acts may in any way have caused or contributed to such discharge, or (2) The United
States Government may have against any third party whose actions may in any way have
caused or contributed to the discharge of oil or hazardous substance.
(i) Recovery of removal costs. In any case where an owner or operator of a vessel or an
onshore facility or an offshore facility from which oil or a hazardous substance is discharged in
violation of subsection (b)(3) of this section acts to remove such oil or substance in
accordance with regulations promulgated pursuant to this section, such owner or operator
shall be entitled to recover the reasonable costs incurred in such removal upon establishing, in
a suit which may be brought against the United States Government in the United States
Claims Court [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 the effective date of this section [effective Oct. 18,
1972], and from time to time thereafter, the President shall issue regulations consistent with
maritime safety and with marine and navigation laws (A) establishing methods and procedures
for removal of discharged oil and hazardous substances, (B) establishing criteria for the
development and implementation of local and regional oil and hazardous substance removal
contingency plans, (C) establishing procedures, methods, and equipment and other
requirements for equipment to prevent discharges of oil and hazardous substances from
vessels and from onshore facilities and offshore facilities, and to contain such discharges, and
(D) governing the inspection of vessels carrying cargoes of oil and hazardous substances and
the inspection of such cargoes in order to reduce the likelihood of discharges of oil from
vessels in violation of this section.
(2) National Response Unit. The Secretary of the department in which the Coast Guard is
operating shall establish a National Response Unit at Elizabeth City, North Carolina. The
Secretary, acting through the National Response Unit-(A) shall compile and maintain a comprehensive computer list of spill removal resources,
personnel, and equipment that is available worldwide and within the areas designated by the
President pursuant to paragraph (4), and of information regarding previous spills, including
data from universities, research institutions, State governments, and other nations, as
appropriate, which shall be disseminated as appropriate to response groups and area
committees, and which shall be available to Federal and State agencies and the public;
(B) shall provide technical assistance, equipment, and other resources requested by a Federal
On-Scene Coordinator;
(C) shall coordinate use of private and public personnel and equipment to remove a worst case
discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel,
offshore facility, or onshore facility operating in or near an area designated by the President
pursuant to paragraph (4);
(D) may provide technical assistance in the preparation of Area Contingency Plans required
under paragraph (4);
(E) shall administer Coast Guard strike teams established under the National Contingency
Plan;
(F) shall maintain on file all Area Contingency Plans approved by the President under this
subsection; and
(G) shall review each of those plans that affects its responsibilities under this subsection.
(3) Coast Guard District Response Groups.
(A) The Secretary of the department in which the Coast Guard is operating shall establish in
each Coast Guard district a Coast Guard District Response Group.
(B) Each Coast Guard District Response Group shall consist of-(i) the Coast Guard personnel and equipment, including firefighting equipment, of each port
within the district;

(ii) additional prepositioned equipment; and
(iii) a district response advisory staff.
(C) Coast Guard district response groups-(i) shall provide technical assistance, equipment, and other resources when required by a
Federal On-Scene Coordinator;
(ii) shall maintain all Coast Guard response equipment within its district;
(iii) may provide technical assistance in the preparation of Area Contingency Plans required
under paragraph (4); and
(iv) shall review each of those plans that affect its area of geographic responsibility.
(4) Area Committees and Area Contingency Plans.
(A) There is established for each area designated by the President an Area Committee
comprised of members appointed by the President from qualified personnel of Federal, State,
and local agencies.
(B) Each Area Committee, under the direction of the Federal On-Scene Coordinator for its
area, shall-(i) prepare for its area the Area Contingency Plan required under subparagraph (C);
(ii) work with State and local officials to enhance the contingency planning of those officials
and to assure preplanning of joint response efforts, including appropriate procedures for
mechanical recovery, dispersal, shoreline cleanup, protection of sensitive environmental areas,
and protection, rescue, and rehabilitation of fisheries and wildlife; and
(iii) work with State and local officials to expedite decisions for the use of dispersants and
other mitigating substances and devices.
(C) Each Area Committee shall prepare and submit to the President for approval an Area
Contingency Plan for its area. The Area Contingency Plan shall-(i) when implemented in conjunction with the National Contingency Plan, be adequate to
remove a worst case discharge, and to mitigate or prevent a substantial threat of such a
discharge, from a vessel, offshore facility, or onshore facility operating in or near the area;
(ii) describe the area covered by the plan, including the areas of special economic or
environmental importance that might be damaged by a discharge;
(iii) describe in detail the responsibilities of an owner or operator and of Federal, State, and
local agencies in removing a discharge, and in mitigating or preventing a substantial threat of
a discharge;
(iv) list the equipment (including firefighting equipment), dispersants or other mitigating
substances and devices, and personnel available to an owner or operator and Federal, State,
and local agencies, to ensure an effective and immediate removal of a discharge, and to
ensure mitigation or prevention of a substantial threat of a discharge;
(v) compile a list of local scientists, both inside and outside Federal Government service, with
expertise in the environmental effects of spills of the types of oil typically transported in the
area, who may be contacted to provide information or, where appropriate, participate in
meetings of the scientific support team convened in response to a spill, and describe the
procedures to be followed for obtaining an expedited decision regarding the use of

dispersants;
(vi) describe in detail how the plan is integrated into other Area Contingency Plans and vessel,
offshore facility, and onshore facility response plans approved under this subsection, and into
operating procedures of the National Response Unit;
(vii) include any other information the President requires; and
(viii) be updated periodically by the Area Committee.
(D) The President shall-(i) review and approve Area Contingency Plans under this paragraph; and
(ii) periodically review Area Contingency Plans so approved.
(5) Tank vessel, nontank vessel, and facility response plans.
(A) (i) The President shall issue regulations which require an owner or operator of a tank
vessel or facility described in subparagraph (C) to prepare and submit to the President a plan
for responding, to the maximum extent practicable, to a worst case discharge, and to a
substantial threat of such a discharge, of oil or a hazardous substance.
(ii) The President shall also issue regulations which require an owner or operator of a non-tank
vessel to prepare and submit to the President a plan for responding, to the maximum extent
practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil.
(B) The Secretary of the Department in which the Coast Guard is operating may issue
regulations which require an owner or operator of a tank vessel, a non-tank 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 2(a)(3) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)(3)).
(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, United States Code.
(ii) A nontank vessel.
(iii) An offshore facility.
(iv) An onshore facility that, because of its location, could reasonably be expected to cause
substantial harm to the environment by discharging into or on the navigable waters, adjoining
shorelines, or the exclusive economic zone.
(D) A response plan required under this paragraph shall-(i) be consistent with the requirements of the National Contingency Plan and Area Contingency
Plans;
(ii) identify the qualified individual having full authority to implement removal actions, and
require immediate communications between that individual and the appropriate Federal official
and the persons providing personnel and equipment pursuant to clause (iii);
(iii) identify, and ensure by contract or other means approved by the President the availability

of, private personnel and equipment necessary to remove to the maximum extent practicable
a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate
or prevent a substantial threat of such a discharge;
(iv) describe the training, equipment testing, periodic unannounced drills, and response
actions of persons on the vessel or at the facility, to be carried out under the plan to ensure
the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial
threat of a discharge;
(v) be updated periodically; and
(vi) be resubmitted for approval of each significant change.
(E) With respect to any response plan submitted under this paragraph for an onshore facility
that, because of its location, could reasonably be expected to cause significant and substantial
harm to the environment by discharging into or on the navigable waters or adjoining
shorelines or the exclusive economic zone, and with respect to each response plan submitted
under this paragraph for a tank vessel, nontank vessel, or offshore facility, the President shall(i) promptly review such response plan;
(ii) require amendments to any plan that does not meet the requirements of this paragraph;
(iii) approve any plan that meets the requirements of this paragraph;
(iv) review each plan periodically thereafter; and
(v) in the case of a plan for a nontank vessel, consider any applicable State-mandated
response plan in effect on the date of the enactment of the Coast Guard and Maritime
Transportation Act of 2004 [enacted Aug. 9, 2004] and ensure consistency to the extent
practicable.
(F) A tank vessel, non-tank 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, non-tank 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, non-tank
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, non-tank 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
USCS § § 2701 et seq. and 2701 note] 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, United States Code [46 USCS § § 12501 et seq.], the dates of approval and
review of a response plan under this paragraph for each tank vessel and nontank vessel that is
a vessel of the United States.
(6) Equipment requirements and inspection. The President may require-(A) periodic inspection of containment booms, skimmers, vessels, and other major equipment
used to remove discharges; and
(B) vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as
cargo, and nontank vessels carrying oil of any kind as fuel for main propulsion, to carry
appropriate removal equipment that employs the best technology economically feasible and
that is compatible with the safe operation of the vessel.
(7) Area drills. The President shall periodically conduct drills of removal capability, without
prior notice, in areas for which Area Contingency Plans are required under this subsection and
under relevant tank vessel, nontank vessel, and facility response plans. The drills may include
participation by Federal, State, and local agencies, the owners and operators of vessels and
facilities in the area, and private industry. The President may publish annual reports on these
drills, including assessments of the effectiveness of the plans and a list of amendments made
to improve plans.
(8) United States Government not liable. The United States Government is not liable for any
damages arising from its actions or omissions relating to any response plan required by this
section.
(k) [Repealed]
(l) Administration. The President is authorized to delegate the administration of this section to
the heads of those Federal departments, agencies, and instrumentalities which he determines
to be appropriate. Each such department, agency, and instrumentality, in order to avoid
duplication of effort, shall, whenever appropriate, utilize the personnel, services, and facilities
of other Federal departments, agencies, and instrumentalities.
(m) Administrative provisions.
(1) For vessels. Anyone authorized by the President to enforce the provisions of this section
with respect to any vessel may, except as to public vessels-(A) board and inspect any vessel upon the navigable waters of the United States or the waters
of the contiguous zone,
(B) with or without a warrant, arrest any person who in the presence or view of the authorized
person violates the provisions of this section or any regulation issued thereunder, and
(C) execute any warrant or other process issued by an officer or court of competent
jurisdiction.
(2) For facilities.
(A) Recordkeeping. Whenever required to carry out the purposes of this section, the
Administrator or the Secretary of the Department in which the Coast Guard is operating shall

require the owner or operator of a facility to which this section applies to establish and
maintain such records, make such reports, install, use, and maintain such monitoring
equipment and methods, and provide such other information as the Administrator or
Secretary, as the case may be, may require to carry out the objectives of this section.
(B) Entry and inspection. Whenever required to carry out the purposes of this section, the
Administrator or the Secretary of the Department in which the Coast Guard is operating or an
authorized representative of the Administrator or Secretary, upon presentation of appropriate
credentials, may-(i) enter and inspect any facility to which this section applies, including any facility at which
any records are required to be maintained under subparagraph (A); and
(ii) at reasonable times, have access to and copy any records, take samples, and inspect any
monitoring equipment or methods required under subparagraph (A).
(C) Arrests and execution of warrants. Anyone authorized by the Administrator or the
Secretary of the department in which the Coast Guard is operating to enforce the provisions of
this section with respect to any facility may-(i) with or without a warrant, arrest any person who violates the provisions of this section or
any regulation issued thereunder in the presence or view of the person so authorized; and
(ii) execute any warrant or process issued by an officer or court of competent jurisdiction.
(D) Public access. Any records, reports, or information obtained under this paragraph shall be
subject to the same public access and disclosure requirements which are applicable to records,
reports, and information obtained pursuant to section 308 [33 USCS § 1318].
(n) Jurisdiction. The several district courts of the United States are invested with jurisdiction
for any actions, other than actions pursuant to subsection (i)(l), arising under this section. In
the case of Guam and the Trust Territory of the Pacific Islands, such actions may be brought in
the district court of Guam, and in the case of the Virgin Islands such actions may be brought
in the district court of the Virgin Islands. In the case of American Samoa and the Trust
Territory of the Pacific Islands, such actions may be brought in the District Court of the United
States for the District of Hawaii and such court shall have jurisdiction of such actions. In the
case of the Canal Zone, such actions may be brought in the United States District Court for the
District of the Canal Zone.
(o) Obligation for damages unaffected; local authority not preempted; existing Federal
authority not modified or affected.
(1) Nothing in this section shall affect or modify in any way the obligations of any owner or
operator of any vessel, or of any owner or operator of any onshore facility or offshore facility
to any person or agency under any provision of law for damages to any publicly owned or
privately owned property resulting from a discharge of any oil or hazardous substance or from
the removal of any such oil or hazardous substance.
(2) Nothing in this section shall be construed as preempting any State or political subdivision
thereof from imposing any requirement or liability with respect to the discharge of oil or

hazardous substance into any waters within such State, or with respect to any removal
activities related to such discharge.
(3) Nothing in this section shall be construed as affecting or modifying any other existing
authority of any Federal department, agency, or instrumentality, relative to onshore or
offshore facilities under this Act [33 USCS § § 1251 et seq.] or any other provision of law, or
to affect any State or local law not in conflict with this section.
(p) [Repealed]
(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 or the Deepwater Port Act of 1974.
(s) Oil Spill Liability Trust Fund. The Oil Spill Liability Trust Fund established under section
9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall be available to carry out
subsections (b), (c), (d), (j), and (l) 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.