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33 U.S.C. § 2707 — Recovery by foreign claimants
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 33, Chapter 40, § 2707; chapter-040-oil-pollution.md
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**(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 a foreign country;
(2) the government of a foreign country; and
(3) an agency or political subdivision of a foreign country.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2706
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Federal law — U.S. Code and appendices · legal_authorities
Page 886
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2707
(Pub. L. 101–380, title I, § 1006, Aug. 18, 1990, 104
Stat. 494.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsecs. (b)(2)–(5), (c)(2)(A),
(3)(A), (4)(A), (d)(3), (e), and (f), is Pub. L. 101–380, Aug.
18, 1990, 104 Stat. 484, known as the Oil Pollution Act of
1990, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 2701 of this title
and Tables.
Statutory Notes and Related Subsidiaries
NOAA OIL AND HAZARDOUS SUBSTANCE SPILL COST
REIMBURSEMENT
Pub. L. 102–567, title II, § 205, Oct. 29, 1992, 106 Stat.
4282, provided that:
‘‘(a) TREATMENT
OF
AMOUNTS
RECEIVED
AS
REIM-
BURSEMENT OF EXPENSES.—Notwithstanding any other
provision of law, amounts received by the United
States as reimbursement of expenses related to oil or
hazardous substance spill response activities, or nat-
ural resource damage assessment, restoration, rehabili-
tation, replacement, or acquisition activities, con-
ducted (or to be conducted) by the National Oceanic
and Atmospheric Administration—
‘‘(1) shall be deposited into the Fund;
‘‘(2) shall be available, without fiscal year limita-
tion and without apportionment, for use in accord-
ance with the law under which the activities are con-
ducted; and
‘‘(3) shall not be considered to be an augmentation
of appropriations.
‘‘(b) APPLICATION.—Subsection (a) shall apply to
amounts described in subsection (a) that are received—
‘‘(1) after the date of the enactment of this Act
[Oct. 29, 1992]; or
‘‘(2) with respect to the oil spill associated with the
grounding of the EXXON VALDEZ.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘Fund’ means the Damage
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Federal law — U.S. Code and appendices · legal_authorities
Page 521
TITLE 43—PUBLIC LANDS
§ 1651
For complete classification of this Act to the Code, see
Tables.
Act July 28, 1956, referred to in subsec. (b)(2), is act
July 28, 1956, ch. 772, 70 Stat. 709. For complete classi-
fication of this Act to the Code, see Tables.
Section 6(g) of the Alaska Statehood Act, referred to
in subsec. (b)(2), is section 6(g) of Pub. L. 85–508, July
7, 1948, 72 Stat. 339, which is set out as a note preceding
section 21 of Title 48, Territories and Insular Posses-
sions.
Act of January 2, 1976 (Public Law 94–204) as amended
by the Act of October 4, 1976 (Public Law 94–456), re-
ferred to in subsec. (b)(3), is Pub. L. 94–204, Jan. 2, 1976,
89 Stat. 1145, as amended, which enacted sections 1625
to 1627 of this title, amended sections 1615, 1616, 1620,
and 1621 of this title, and enacted provisions set out as
notes under sections 1604, 1605, 1611, 1613, 1618, and 1625
of this title, as amended by Pub. L. 94–456, Oct. 4, 1976,
90 Stat. 1934, which amended section 1615 of this title
and provisions set out as notes under section 1611 of
this title. For complete classification of these Acts to
the Code, see Tables.
This title, referred to in subsec. (d), is title XIV of
Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2491, which enacted
sections 1639 to 1641 of this title, amended sections 1602,
1606, 1607, 1611, 1613, 1620, and 1621 of this title, enacted
provisions set out as notes under sections 1605, 1613, and
1618 of this title, and amended provisions set out as
notes under sections 1611 and 1613 of this title. For com-
plete classification of title XIV to the Code, see Tables.
This Act, referred to in subsec. (d), is Pub. L. 96–487,
Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National
Interest Lands Conservation Act. For c
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