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33 U.S.C. § 1479 — Federal liability for unreasonable damages

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

33 U.S.C. § 1479 — Federal liability for unreasonable damages

**(a) Payment of compensation** The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1472&num=0&edition=prelim). **(b) Jurisdiction** Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Federal Claims, in any district court of the United States, and in those courts enumerated in [section 460 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section460&num=0&edition=prelim). For purposes of this chapter, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam. **(c) Burden of proof** With respect to intervention for a substance identified pursuant to [section 1473(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1473/a&num=0&edition=prelim), the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.

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Source file: Laws/federal/codes/united-states-code/title-33/section-1479-federal-liability-for-unreasonable-damages--f371b32b3f.md
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Source location: Title 33, Chapter 28, § 1479; chapter-028-pollution-casualties-on-the-high-seas-united-states-intervention.md

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

28 U.S.C. § 460 — Application to other courts

**(a)** Sections 452 through 459 and section 462 of this chapter shall also apply to the United States Court of Federal Claims, to each court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States, and to the judges thereof. **(b)** The official duty station of each judge referred to in subsection (a) which is not otherwise established by law shall be that place where the court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives.

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

33 U.S.C. § 1472 — Grave and imminent danger from oil pollution casualties to coastline or related interests of United States; Federal nonliability for Federal preventive measures on the high seas

Whenever a ship collision, stranding, or other incident of navigation or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to the ship or her cargo creates, as determined by the Secretary, a grave and imminent danger to the coastline or related interests of the United States from pollution or threat of pollution of the sea by convention oil or of the sea or atmosphere by a substance other than convention oil which may reasonably be expected to result in major harmful consequences, the Secretary may, except as provided for in [section 1479 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1479&num=0&edition=prelim), without liability for any damage to the owners or operators of the ship, to her cargo or crew, to underwriters or other parties interested therein, take measures on the high seas, in accordance with the provisions of the convention, the protocol and this chapter, to prevent, mitigate, or eliminate that danger.

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

33 U.S.C. § 1487 — Effective date

This chapter shall be effective upon February 5, 1974, or upon the date the convention becomes effective as to the United States, whichever is later.

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

48 U.S.C. § 1681 — Continuance of civil government for Trust Territory of the Pacific Islands; assistance programs; maximum fiscal year costs; reimbursement

**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize. **(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.

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

28 U.S.C. § 171 — Appointment and number of judges; character of court; designation of chief judge

**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States. **(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.

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

33 U.S.C. § 1479 — Federal liability for unreasonable dam-

Page 628 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1473 § 1473. Consultations and determinations re- specting creation of hazards to human health, etc.; criteria for determinations re- specting grave and imminent dangers of major harmful consequences to United States coastline or related interests (a) The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, shall determine when a substance other than those enumerated in the protocol is liable to create a hazard to human health, to harm living re- sources, to damage amenities, or to interfere with other legitimate uses of the sea. (b) In determining whether there is grave and imminent danger of major harmful consequences to the coastline or related interests of the United States, the Secretary shall consider the interests of the United States directly threat- ened or affected including but not limited to, human health, fish, shellfish, and other living marine resources, wildlife, coastal zone and es- tuarine activities, and public and private shore- lines and beaches. (Pub. L. 93–248, § 4, Feb. 5, 1974, 88 Stat. 9; Pub. L. 95–302, § 1(3), June 26, 1978, 92 Stat. 344.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–302 added subsec. (a), designated ex- isting provisions as subsec. (b), and inserted ‘‘human health,’’ before ‘‘fish’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title. § 1474. Federal intervention actions Upon a determination under section 1472 of this title of a grave and imminent danger to the coastline or related interests of the United States, the Secr

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