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14 U.S.C. § 335 — Environmental Compliance and Restoration Program

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

14 U.S.C. § 335 — Environmental Compliance and Restoration Program

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Source location: Title 14, Chapter 3, § 335; chapter-003-composition-and-organization.md

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**(a) Definitions.—** For the purposes of this section— (1) “environment”, “facility”, “person”, “release”, “removal”, “remedial”, and “response” have the same meaning they have in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act ([42 U.S.C. 9601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601&num=0&edition=prelim)); (2) “hazardous substance” has the same meaning it has in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act ([42 U.S.C. 9601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601&num=0&edition=prelim)), except that it also includes the meaning given “oil” in section 311 of the Federal Water Pollution Control Act ([33 U.S.C. 1321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim)); and (3) “pollutant” has the same meaning it has in section 502 of the Federal Water Pollution Control Act ([33 U.S.C. 1362](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1362&num=0&edition=prelim)). **(b) Program.—** (1) The Secretary shall carry out a program of environmental compliance and restoration at current and former Coast Guard facilities. (2) Program goals include: (A) Identifying, investigating, and cleaning up contamination from hazardous substances and pollutants. (B) Correcting other environmental damage that poses an imminent and substantial danger to the public health or welfare or to the environment. (C) Demolishing and removing unsafe buildings and structures, including buildings and structures at former Coast Guard facilities. (D) Preventing contamination from hazardous substances and pollutants at current Coast Guard facilities. (3) (A) The Secretary shall respond to releases of hazardous substances and pollutants— (i) at each Coast Guard facility the United States owns, leases, or otherwise possesses; (ii) at each Coast Guard facility the United States owned, leased, or otherwise possessed when the actions leading to contamination from hazardous substances or pollutants occurred; and (iii) on each vessel the Coast Guard owns or operates. (B) Subparagraph (A) of this paragraph does not apply to a removal or remedial action when a potentially responsible person responds under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act ([42 U.S.C. 9622](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622&num=0&edition=prelim)). (C) The Secretary shall pay a fee or charge imposed by a State authority for permit services for disposing of hazardous substances or pollutants from Coast Guard facilities to the same extent that nongovernmental entities are required to pay for permit services. This subparagraph does not apply to a payment that is the responsibility of a lessee, contractor, or other private person. (4) The Secretary may agree with another Federal agency for that agency to assist in carrying out the Secretary’s responsibilities under this section. The Secretary may enter into contracts, cooperative agreements, and grant agreements with State and local governments to assist in carrying out the Secretary’s responsibilities under this section. Services that may be obtained under this paragraph include identifying, investigating, and cleaning up off-site contamination that may have resulted from the release of a hazardous substance or pollutant at a Coast Guard facility. (5) Section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act ([42 U.S.C. 9619](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9619&num=0&edition=prelim)) applies to response action contractors that carry out response actions under this section. The Coast Guard shall indemnify response action contractors to the extent that adequate insurance is not generally available at a fair price at the time the contractor enters into the contract to cover the contractor’s reasonable, potential, long-term liability. **(c) Amounts Recovered for Response Actions.—** (1) All sums appropriated to carry out the Coast Guard’s environmental compliance and restoration functions under this section or another law shall be credited or transferred to an appropriate Coast Guard account, as determined by the Commandant and remain available until expended. (2) Funds may be obligated or expended from such account to carry out the Coast Guard’s environmental compliance and restoration functions under this section or another law. (3) In proposing the budget for any fiscal year under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), the President shall set forth separately the amount requested for the Coast Guard’s environmental compliance and restoration activities under this section or another law. (4) Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act ([42 U.S.C. 9607](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim)) for the Secretary’s response actions at current and former Coast Guard facilities shall be credited to an appropriate Coast Guard account, as determined by the Commandant. **(d) Annual List of Projects to Congress.—** The Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a prioritized list of projects eligible for environmental compliance and restoration funding for each fiscal year concurrent with the President’s budget submission for that fiscal year.

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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”

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

14 U.S.C. § 318 — Judge Advocate General; Deputy Judge Advocate General: appointment; duties

**(a) In General.—** The Judge Advocate General in the Coast Guard shall be appointed by the President, by and with the advice and consent of the Senate, from officers of the Coast Guard designated as judge advocates. The term of office is not more than 4 years. **(b) Appointment.—** The Judge Advocate General of the Coast Guard shall be appointed from those officers who at the time of appointment are members of the bar of a Federal court or the highest court of a State, and who have had at least 8 years of experience in legal duties as commissioned officers. **(c) Duties.—** The Judge Advocate General, in addition to other duties prescribed by law— (1) is the legal adviser of the Commandant of the Coast Guard and of all officers and agencies of the Coast Guard; (2) shall direct the officers of the Coast Guard designated as judge advocates in the performance of their duties; and (3) shall receive, revise, and have recorded the proceedings of courts of inquiry and military commissions. **(d) Deputy Judge Advocate General.—** (1) **In general.—** — The Deputy Judge Advocate General in the Coast Guard shall be appointed by the Commandant, from civilians in the Senior Executive Service (career reserved) who meet the qualifications set forth in subsection (b). The term of office of the Deputy Judge Advocate General is not more than four years with reappointment for an additional term of 4 years. (2) **Vacancy of judge advocate general.—** — When there is a vacancy in the office of the Judge Advocate General, or during the absence or disability of the Judge Advocate General, the Deputy Judge Advocate General shall perform the duties of the Judge Advocate General until a successor is appointed or the absence or disability ceases. Should a vacancy in the Deputy Judge Ad

Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 318

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

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9601

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

33 U.S.C. § 1362 — Definitions

Except as otherwise specifically provided, when used in this chapter: (1) The term “State water pollution control agency” means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution. (2) The term “interstate agency” means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator. (3) The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (4) The term “municipality” means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under [section 1288 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1288&num=0&edition=prelim). (5) The term “person” means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body. (6) The term “pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water

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

42 U.S.C. § 9622 — Settlements

**(a) Authority to enter into agreements** The President, in his discretion, may enter into an agreement with any person (including the owner or operator of the facility from which a release or substantial threat of release emanates, or any other potentially responsible person), to perform any response action (including any action described in [section 9604(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604/b&num=0&edition=prelim)) if the President determines that such action will be done properly by such person. Whenever practicable and in the public interest, as determined by the President, the President shall act to facilitate agreements under this section that are in the public interest and consistent with the National Contingency Plan in order to expedite effective remedial actions and minimize litigation. If the President decides not to use the procedures in this section, the President shall notify in writing potentially responsible parties at the facility of such decision and the reasons why use of the procedures is inappropriate. A decision of the President to use or not to use the procedures in this section is not subject to judicial review. **(b) Agreements with potentially responsible parties** (1) **Mixed funding** — An agreement under this section may provide that the President will reimburse the parties to the agreement from the Fund, with interest, for certain costs of actions under the agreement that the parties have agreed to perform but which the President has agreed to finance. In any case in which the President provides such reimbursement, the President shall make all reasonable efforts to recover the amount of such reimbursement under [section 9607 of this title](https://uscode.house.gov/view.xhtml?r

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9622

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

42 U.S.C. § 9607 — Liability

**(a) Covered persons; scope; recoverable costs and damages; interest rate; “comparable maturity” date** Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in subsection (b) of this section— (1) the owner and operator of a vessel or a facility, (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, (3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances, and (4) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels or sites selected by such person, from which there is a release, or a threatened release which causes the incurrence of response costs, of a hazardous substance, shall be liable for— (A) all costs of removal or remedial action incurred by the United States Government or a State or an Indian tribe not inconsistent with the national contingency plan; (B) any other necessary costs of response incurred by any other person consistent with the national contingency plan; (C) damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss resulting from such a release; and (D) the costs of any health assessment or health effects study carried out under [section 9604(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9607

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

14 U.S.C. § 2181 — Physical fitness of officers

The Secretary shall prescribe regulations under which the physical fitness of officers to perform their duties shall be periodically determined.

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

42 U.S.C. § 9619 — Response action contractors

**(a) Liability of response action contractors** (1) **Response action contractors** — A person who is a response action contractor with respect to any release or threatened release of a hazardous substance or pollutant or contaminant from a vessel or facility shall not be liable under this subchapter or under any other Federal law to any person for injuries, costs, damages, expenses, or other liability (including but not limited to claims for indemnification or contribution and claims by third parties for death, personal injury, illness or loss of or damage to property or economic loss) which results from such release or threatened release. (2) **Negligence, etc.** — Paragraph (1) shall not apply in the case of a release that is caused by conduct of the response action contractor which is negligent, grossly negligent, or which constitutes intentional misconduct. (3) **Effect on warranties; employer liability** — Nothing in this subsection shall affect the liability of any person under any warranty under Federal, State, or common law. Nothing in this subsection shall affect the liability of an employer who is a response action contractor to any employee of such employer under any provision of law, including any provision of any law relating to worker’s compensation. (4) **Governmental employees** — A state employee or an employee of a political subdivision who provides services relating to response action while acting within the scope of his authority as a governmental employee shall have the same exemption from liability (subject to the other provisions of this section) as is provided to the response action contractor under this section. **(b) Savings provisions** (1) **Liability of other persons** — The defense provided by [section 9607(b)(3) of this title](http

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9619

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

31 U.S.C. § 1105 — Budget contents and submission to Congress

**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105

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

33 U.S.C. § 1321 — Oil and hazardous substance liability

Page 483 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321 1 So in original. 2 See References in Text note below. shall be for each day (including travel-time) during which they are performing board busi- ness, entitled to receive compensation at a rate fixed by the Administrator but not in excess of the maximum rate of pay for grade GS–18, as provided in the General Schedule under section 5332 of title 5, and shall, notwithstanding the limitations of sections 5703 and 5704 of title 5, be fully reimbursed for travel, subsistence and re- lated expenses. (f) Enforcement proceedings When any such recommendation adopted by the Administrator involves the institution of enforcement proceedings against any person to obtain the abatement of pollution subject to such recommendation, the Administrator shall institute such proceedings if he believes that the evidence warrants such proceedings. The district court of the United States shall consider and de- termine de novo all relevant issues, but shall re- ceive in evidence the record of the proceedings before the conference or hearing board. The court shall have jurisdiction to enter such judg- ment and orders enforcing such judgment as it deems appropriate or to remand such pro- ceedings to the Administrator for such further action as it may direct. (June 30, 1948, ch. 758, title III, § 310, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 860.) Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1321

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