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33 U.S.C. § 2702 — Elements of liability
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident.
**(b) Covered removal costs and damages**
(1) **Removal costs** — The removal costs referred to in subsection (a) are—
(A) all removal costs incurred by the United States, a State, or an Indian tribe under subsection (c), (d), (e), or (l) of [section 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim), under the Intervention on the High Seas Act ([33 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1471&num=0&edition=prelim) et seq.), or under State law; and
(B) any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan.
(2) **Damages** — The damages referred to in subsection (a) are the following:
(A) *Natural resources* — Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the reasonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee.
(B) *Real or personal property* — Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property.
(C) *Subsistence use* — Damages for loss of subsistenc
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Stable record: federal_law:legal_authorities:record_usc_308f913f3c113f59bbc3b6ea
Source file: Laws/federal/codes/united-states-code/title-33/section-2702-elements-of-liability--b5aae76357.md
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Source location: Title 33, Chapter 40, § 2702; chapter-040-oil-pollution.md
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**(a) In general** Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident.
**(b) Covered removal costs and damages**
(1) **Removal costs** — The removal costs referred to in subsection (a) are—
(A) all removal costs incurred by the United States, a State, or an Indian tribe under subsection (c), (d), (e), or (l) of [section 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim), under the Intervention on the High Seas Act ([33 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1471&num=0&edition=prelim) et seq.), or under State law; and
(B) any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan.
(2) **Damages** — The damages referred to in subsection (a) are the following:
(A) *Natural resources* — Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the reasonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee.
(B) *Real or personal property* — Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property.
(C) *Subsistence use* — Damages for loss of subsistence use of natural resources, which shall be recoverable by any claimant who so uses natural resources which have been injured, destroyed, or lost, without regard to the ownership or management of the resources.
(D) *Revenues* — Damages equal to the net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by the Government of the United States, a State, or a political subdivision thereof.
(E) *Profits and earning capacity* — Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by any claimant.
(F) *Public services* — Damages for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil, which shall be recoverable by a State, or a political subdivision of a State.
**(c) Excluded discharges** This subchapter does not apply to any discharge—
(1) permitted by a permit issued under Federal, State, or local law;
(2) from a public vessel; or
(3) from an onshore facility which is subject to 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.).
**(d) Liability of third parties**
(1) **In general**
(A) *Third party treated as responsible party* — Except as provided in subparagraph (B), in any case in which a responsible party establishes that a discharge or threat of a discharge and the resulting removal costs and damages were caused solely by an act or omission of one or more third parties described in [section 2703(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2703/a/3&num=0&edition=prelim) (or solely by such an act or omission in combination with an act of God or an act of war), the third party or parties shall be treated as the responsible party or parties for purposes of determining liability under this subchapter.
(B) *Subrogation of responsible party* — If the responsible party alleges that the discharge or threat of a discharge was caused solely by an act or omission of a third party, the responsible party—
(i) in accordance with [section 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim), shall pay removal costs and damages to any claimant; and
(ii) shall be entitled by subrogation to all rights of the United States Government and the claimant to recover removal costs or damages from the third party or the Fund paid under this subsection.
(2) **Limitation applied**
(A) *Owner or operator of vessel or facility* — If the act or omission of a third party that causes an incident occurs in connection with a vessel or facility owned or operated by the third party, the liability of the third party shall be subject to the limits provided in [section 2704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2704&num=0&edition=prelim) as applied with respect to the vessel or facility.
(B) *Other cases* — In any other case, the liability of a third party or parties shall not exceed the limitation which would have been applicable to the responsible party of the vessel or facility from which the discharge actually occurred if the responsible party were liable.
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Federal law — U.S. Code and appendices · legal_authorities
**(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”
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presentation** Except as provided in subsection (b), all claims for removal costs or damages shall be presented first to the responsible party or guarantor of the source designated under [section 2714(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2714/a&num=0&edition=prelim).
**(b) Presentation to Fund**
(1) **In general** — Claims for removal costs or damages may be presented first to the Fund—
(A) if the President has advertised or otherwise notified claimants in accordance with [section 2714(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2714/c&num=0&edition=prelim);
(B) by a responsible party who may assert a claim under [section 2708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2708&num=0&edition=prelim);
(C) by the Governor of a State for removal costs incurred by that State; or
(D) by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under [section 2712(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2712/a&num=0&edition=prelim).
(2) **Limitation on presenting claim** — No claim of a person against the Fund may be approved or certified during the pendency of an action by the person in court to recover costs which are the subject of the claim.
**(c) Election** If a claim is presented in accordance with subsection (a) and—
(1) each person to whom the claim is presented denies all liability for the claim, or
(2) the claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to [section 271
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2713
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds and declares that:
**(a)** The early development and delivery of oil and gas from Alaska’s North Slope to domestic markets is in the national interest because of growing domestic shortages and increasing dependence upon insecure foreign sources.
**(b)** The Department of the Interior and other Federal agencies, have, over a long period of time, conducted extensive studies of the technical aspects and of the environmental, social, and economic impacts of the proposed trans-Alaska oil pipeline, including consideration of a trans-Canada pipeline.
**(c)** The earliest possible construction of a trans-Alaska oil pipeline from the North Slope of Alaska to Port Valdez in that State will make the extensive proven and potential reserves of low-sulfur oil available for domestic use and will best serve the national interest.
**(d)** A supplemental pipeline to connect the North Slope with a trans-Canada pipeline may be needed later and it should be studied now, but it should not be regarded as an alternative for a trans-Alaska pipeline that does not traverse a foreign country.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1651
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2701
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) “a substance other than convention oil” means those oils, noxious substances, liquefied gases, and radioactive substances—
(A) enumerated in the protocol, or
(B) otherwise determined to be hazardous under [section 1473(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1473/a&num=0&edition=prelim);
(2) “convention” means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, including annexes thereto;
(3) “convention oil” means crude oil, fuel oil, diesel oil, and lubricating oil;
(4) “Secretary” means the Secretary of the department in which the Coast Guard is operating;
(5) “ship” means—
(A) a seagoing vessel of any type whatsoever, and
(B) any floating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed and the ocean floor and the subsoil thereof;
(6) “protocol” means the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other Than Oil, 1973, including annexes thereto; and
(7) “United States” means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1471
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as otherwise provided in this section, the total of the liability of a responsible party under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) and any removal costs incurred by, or on behalf of, the responsible party, with respect to each incident shall not exceed—
(1) for a tank vessel the greater of—
(A) with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only, $3,000 per gross ton;
(B) with respect to a vessel other than a vessel referred to in subparagraph (A), $1,900 per gross ton; or
(C)
(i) with respect to a vessel greater than 3,000 gross tons that is—
(I) a vessel described in subparagraph (A), $22,000,000; or
(II) a vessel described in subparagraph (B), $16,000,000; or
(ii) with respect to a vessel of 3,000 gross tons or less that is—
(I) a vessel described in subparagraph (A), $6,000,000; or
(II) a vessel described in subparagraph (B), $4,000,000;
(2) for any other vessel, $950 per gross ton or $800,000, whichever is greater;
(3) for an offshore facility except a deepwater port, the total of all removal costs plus $75,000,000; and
(4) for any onshore facility and a deepwater port, $350,000,000.
**(b) Division of liability for mobile offshore drilling units**
(1) **Treated first as tank vessel** — For purposes of determining the responsible party and applying this Act and except as provided in paragraph (2), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of oil on or above the surface of the water.
(2)
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2704
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Complete defenses** A responsible party is not liable for removal costs or damages under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) if the responsible party establishes, by a preponderance of the evidence, that the discharge or substantial threat of a discharge of oil and the resulting damages or removal costs were caused solely by—
(1) an act of God;
(2) an act of war;
(3) an act or omission of a third party, other than an employee or agent of the responsible party or a third party whose act or omission occurs in connection with any contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail), if the responsible party establishes, by a preponderance of the evidence, that the responsible party—
(A) exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and
(B) took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or
(4) any combination of paragraphs (1), (2), and (3).
**(b) Defenses as to particular claimants** A responsible party is not liable under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) to a claimant, to the extent that the incident is caused by the gross negligence or willful misconduct of the claimant.
**(c) Limitation on complete defense** Subsection (a) does not apply with respect to a responsible party who fails or refuses—
(1) to report the incident as required by law if t
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2703
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** The responsible party or the responsible party’s guarantor is liable to a claimant for interest on the amount paid in satisfaction of a claim under this Act for the period described in subsection (b). The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, 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 reflected in the paid or settled partial claim.
**(b) Period**
(1) **In general** — Except as provided in paragraph (2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the date on which the claim is paid.
(2) **Exclusion of period due to offer by guarantor** — If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period described 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713/a&num=0&edition=prelim), the period described in paragraph (1) does not include any period before 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 interests of justice, no interest shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under [section 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) only if the responsible party demonstrates that—
(1) the responsible party is entitled to a defense to liability under [section 2703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2703&num=0&edition=prelim); or
(2) the responsible party is entitled to a limitation of liability under [section 2704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2704&num=0&edition=prelim).
**(b) Extent of recovery** A responsible party who is entitled to a limitation of liability may assert a claim under [section 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under [section 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) exceeds the amount to which the total of the liability under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) and removal costs and damages incurred by, or on behalf of, the responsible party is limited under [section 2704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2708
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement** The responsible party for—
(1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States;
(2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or
(3) any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States;
shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) or (d) of this title, in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum liability applicable to the vessel having the greatest maximum liability.
**(b) Sanctions**
(1) **Withholding clearance** — The Secretary of the Treasury shall withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) of any vessel subject to this section that does not have the evidence of financial responsibility required for the vessel under this section.
(2) **Denying entry to or detaining vessels** — The Secretary may—
(A) deny entry to any vessel to any place in the United States, or to the navigable waters, or
(B) detain at the place,
any vessel that, upon request, does not produce the evidence of financial responsibility requir
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2716
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