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33 U.S.C. § 2706 — Natural resources

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2706 — Natural resources

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Source file: Laws/federal/codes/united-states-code/title-33/section-2706-natural-resources--2fc5664dc6.md
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Source location: Title 33, Chapter 40, § 2706; chapter-040-oil-pollution.md

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**(a) Liability** In the case of natural resource damages under [section 2702(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b/2/A&num=0&edition=prelim), liability shall be— (1) to the United States Government for natural resources belonging to, managed by, controlled by, or appertaining to the United States; (2) to any State for natural resources belonging to, managed by, controlled by, or appertaining to such State or political subdivision thereof; (3) to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such Indian tribe; and (4) in any case in which [section 2707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2707&num=0&edition=prelim) applies, to the government of a foreign country for natural resources belonging to, managed by, controlled by, or appertaining to such country. **(b) Designation of trustees** (1) **In general** — The President, or the authorized representative of any State, Indian tribe, or foreign government, shall act on behalf of the public, Indian tribe, or foreign country as trustee of natural resources to present a claim for and to recover damages to the natural resources. (2) **Federal trustees** — The President shall designate the Federal officials who shall act on behalf of the public as trustees for natural resources under this Act. (3) **State trustees** — The Governor of each State shall designate State and local officials who may act on behalf of the public as trustee for natural resources under this Act and shall notify the President of the designation. (4) **Indian tribe trustees** — The governing body of any Indian tribe shall designate tribal officials who may act on behalf of the tribe or its members as trustee for natural resources under this Act and shall notify the President of the designation. (5) **Foreign trustees** — The head of any foreign government may designate the trustee who shall act on behalf of that government as trustee for natural resources under this Act. **(c) Functions of trustees** (1) **Federal trustees** — The Federal officials designated under subsection (b)(2)— (A) shall assess natural resource damages under [section 2702(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b/2/A&num=0&edition=prelim) for the natural resources under their trusteeship; (B) may, upon request of and reimbursement from a State or Indian tribe and at the Federal officials’ discretion, assess damages for the natural resources under the State’s or tribe’s trusteeship; and (C) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship. (2) **State trustees** — The State and local officials designated under subsection (b)(3)— (A) shall assess natural resource damages under [section 2702(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b/2/A&num=0&edition=prelim) for the purposes of this Act for the natural resources under their trusteeship; and (B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship. (3) **Indian tribe trustees** — The tribal officials designated under subsection (b)(4)— (A) shall assess natural resource damages under [section 2702(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b/2/A&num=0&edition=prelim) for the purposes of this Act for the natural resources under their trusteeship; and (B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship. (4) **Foreign trustees** — The trustees designated under subsection (b)(5)— (A) shall assess natural resource damages under [section 2702(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b/2/A&num=0&edition=prelim) for the purposes of this Act for the natural resources under their trusteeship; and (B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship. (5) **Notice and opportunity to be heard** — Plans shall be developed and implemented under this section only after adequate public notice, opportunity for a hearing, and consideration of all public comment. **(d) Measure of damages** (1) **In general** — The measure of natural resource damages under [section 2702(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b/2/A&num=0&edition=prelim) is— (A) the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of, the damaged natural resources; (B) the diminution in value of those natural resources pending restoration; plus (C) the reasonable cost of assessing those damages. (2) **Determine costs with respect to plans** — Costs shall be determined under paragraph (1) with respect to plans adopted under subsection (c). (3) **No double recovery** — There shall be no double recovery under this Act for natural resource damages, including with respect to the costs of damage assessment or restoration, rehabilitation, replacement, or acquisition for the same incident and natural resource. **(e) Damage assessment regulations** (1) **Regulations** — The President, acting through the Under Secretary of Commerce for Oceans and Atmosphere and in consultation with the Administrator of the Environmental Protection Agency, the Director of the United States Fish and Wildlife Service, and the heads of other affected agencies, not later than 2 years after August 18, 1990, shall promulgate regulations for the assessment of natural resource damages under [section 2702(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b/2/A&num=0&edition=prelim) resulting from a discharge of oil for the purpose of this Act. (2) **Rebuttable presumption** — Any determination or assessment of damages to natural resources for the purposes of this Act made under subsection (d) by a Federal, State, or Indian trustee in accordance with the regulations promulgated under paragraph (1) shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or judicial proceeding under this Act. **(f) Use of recovered sums** Sums recovered under this Act by a Federal, State, Indian, or foreign trustee for natural resource damages under [section 2702(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b/2/A&num=0&edition=prelim) shall be retained by the trustee in a revolving trust account, without further appropriation, for use only to reimburse or pay costs incurred by the trustee under subsection (c) with respect to the damaged natural resources. Any amounts in excess of those required for these reimbursements and costs shall be deposited in the Fund. **(g) Compliance** Review of actions by any Federal official where there is alleged to be a failure of that official to perform a duty under this section that is not discretionary with that official may be had by any person in the district court in which the person resides or in which the alleged damage to natural resources occurred. The court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party. Nothing in this subsection shall restrict any right which any person may have to seek relief under any other provision of law.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), and subject to a condition in such permit,,11 So in original. (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), 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”

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33 U.S.C. § 1251 — Congressional declaration of goals and policy

**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter— (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985; (2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983; (3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited; (4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works; (5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State; (6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and (7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution. **(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy

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42 U.S.C. § 9601 — Definitions

For purpose of this subchapter— (1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency. (3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit. (4) The term “claim” means a demand in writing for a sum certain. (5) The term “claimant” means any person who presents a claim for compensation under this chapter. (6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals. (8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (9) The term “facility” means (A) any building, st

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2701 — Definitions

For the purposes of this Act, the term— (1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight; (2) “barrel” means 42 United States gallons at 60 degrees fahrenheit; (3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident; (4) “claimant” means any person or government who presents a claim for compensation under this subchapter; (5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages; (6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4); (7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; (9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill

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33 U.S.C. § 2707 — Recovery by foreign claimants

**(a) Required showing by foreign claimants** (1) **In general** — In addition to satisfying the other requirements of this Act, to recover removal costs or damages resulting from an incident a foreign claimant shall demonstrate that— (A) the claimant has not been otherwise compensated for the removal costs or damages; and (B) recovery is authorized by a treaty or executive agreement between the United States and the claimant’s country, or the Secretary of State, in consultation with the Attorney General and other appropriate officials, has certified that the claimant’s country provides a comparable remedy for United States claimants. (2) **Exceptions** — Paragraph (1)(B) shall not apply with respect to recovery by a resident of Canada in the case of an incident described in subsection (b)(4). **(b) Discharges in foreign countries** A foreign claimant may make a claim for removal costs and damages resulting from a discharge, or substantial threat of a discharge, of oil in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country, only if the discharge is from— (1) an Outer Continental Shelf facility or a deepwater port; (2) a vessel in the navigable waters; (3) a vessel carrying oil as cargo between 2 places in the United States; or (4) a tanker that received the oil at the terminal of the pipeline constructed under the Trans-Alaska Pipeline Authorization Act ([43 U.S.C. 1651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1651&num=0&edition=prelim) et seq.), for transportation to a place in the United States, and the discharge or threat occurs prior to delivery of the oil to that place. **(c) “Foreign claimant” defined** In this section, the term “foreign claimant” means— (1) a person residing in

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33 U.S.C. § 1401 — Annual reports

**(a) Report by Secretary of Commerce** In March of each year, the Secretary of Commerce shall report to the Congress on his activities under this subchapter during the previous fiscal year. The report shall include— (1) the Secretary’s findings made under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1441&num=0&edition=prelim), including an evaluation of the short-term ecological effects and the social and economic factors involved with the dumping; (2) the results of activities undertaken pursuant to [section 1442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1442&num=0&edition=prelim); (3) with the concurrence of the Administrator and after consulting with officials of other appropriate Federal agencies, an identification of the short- and long-term research requirements associated with activities under subchapter I, and a description of how Federal research under this subchapter and subchapter I will meet those requirements; and (4) activities of the Department of Commerce under [section 665 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section665&num=0&edition=prelim). **(b) Report by Administrator** In March of each year, the Administrator shall report to the Congress on his activities during the previous fiscal year under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1443&num=0&edition=prelim). **(c) Report by Under Secretary** On October 31 of each year, the Under Secretary shall report to the Congress the specific programs that the National Oceanic and Atmospheric Administration and the Environmental Protection Agency carried out pursuant to this subchapter in

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2711 — Consultation on removal actions

The President shall consult with the affected trustees designated under [section 2706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2706&num=0&edition=prelim) on the appropriate removal action to be taken in connection with any discharge of oil. For the purposes of the National Contingency Plan, removal with respect to any discharge shall be considered completed when so determined by the President in consultation with the Governor or Governors of the affected States. However, this determination shall not preclude additional removal actions under applicable State law.

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33 U.S.C. § 2712 — Uses of Fund

**(a) Uses generally** The Fund shall be available to the President for— (1) the payment of removal costs, including the costs of monitoring removal actions, determined by the President to be consistent with the National Contingency Plan— (A) by Federal authorities; or (B) by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement under subsection (d); (2) the payment of costs incurred by Federal, State, or Indian tribe trustees in carrying out their functions under [section 2706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2706&num=0&edition=prelim) for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of damaged resources determined by the President to be consistent with the National Contingency Plan; (3) the payment of removal costs determined by the President to be consistent with the National Contingency Plan as a result of, and damages resulting from, a discharge, or a substantial threat of a discharge, of oil from a foreign offshore unit; (4) the payment of claims in accordance with [section 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) for uncompensated removal costs determined by the President to be consistent with the National Contingency Plan or uncompensated damages, including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process such claims (including the costs of commercial claims processing, expert services, training, and technical s

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33 U.S.C. § 2752 — Annual appropriations

**(a) Required** Except as provided in subsection (b), amounts in the Fund shall be available only as provided in annual appropriation Acts. **(b) Exceptions** (1) **In general** — Subsection (a) shall not apply to— (A) section 2706(f), 2712(a)(4), or 2736 of this title; or (B) an amount, which may not exceed $50,000,000 in any fiscal year, made available by the President from the Fund— (i) to carry out [section 1321(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321/c&num=0&edition=prelim); and (ii) to initiate the assessment of natural resources damages required under [section 2706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2706&num=0&edition=prelim). (2) **Fund advances** (A) *In general* — To the extent that the amount described in subparagraph (B) of paragraph (1) is not adequate to carry out the activities described in such subparagraph, the Coast Guard may obtain 1 or more advances from the Fund as may be necessary, up to a maximum of $100,000,000 for each advance, with the total amount of advances not to exceed the amounts available under [section 9509(c)(2) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9509/c/2&num=0&edition=prelim). (B) *Notification to Congress* — Not later than 30 days after the date on which the Coast Guard obtains an advance under subparagraph (A), the Coast Guard shall notify Congress of— (i) the amount advanced; and (ii) the facts and circumstances that necessitated the advance. (C) *Repayment* — Amounts advanced under this paragraph shall be repaid to the Fund when, and to the extent that, removal costs are recovered by the Coast Guard from responsible parties fo

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33 U.S.C. § 2706 — Natural resources

Page 884 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2706 short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not re- flected in the paid or settled partial claim. (b) Period (1) In general Except as provided in paragraph (2), the pe- riod for which interest shall be paid is the pe- riod beginning on the 30th day following the date on which the claim is presented to the re- sponsible party or guarantor and ending on the date on which the claim is paid. (2) Exclusion of period due to offer by guar- antor If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period de- scribed in paragraph (1) does not include the period beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is made within 60 days after the date on which the claim is presented under section 2713(a) of this title, the period described in paragraph (1) does not include any period be- fore the offer is accepted. (3) Exclusion of periods in interests of justice If in any period a claimant is not paid due to reasons beyond the control of the responsible party or because it would not serve the inter- ests of justice, no interest shall accrue under this section during that period. (4) Calculation of interest (A) In general The interest paid for claims, other than Federal Government cost recovery claims, under this section shall be calculated at the average of the highest rate for commercial and finance company paper of maturities of 180 days or less obtaining on each of the days included within the period for which interest must be paid to the cl

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