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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
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_9b54088bfeebf028e3256b5a
Source file: Laws/federal/codes/united-states-code/title-33/section-1472-grave-and-imminent-danger-from-oil-pollution-casualties-to-coastline-or--96ebb2af06.md
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Source location: Title 33, Chapter 28, § 1472; chapter-028-pollution-casualties-on-the-high-seas-united-states-intervention.md
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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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1479
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1487
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Federal law — U.S. Code and appendices · legal_authorities
Upon a determination under [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1472&num=0&edition=prelim) of a grave and imminent danger to the coastline or related interests of the United States, the Secretary may—
(1) coordinate and direct all public and private efforts directed at the removal or elimination of the threatened pollution damage;
(2) directly or indirectly undertake the whole or any part of any salvage or other action he could require or direct under subsection (1) of this section; and
(3) remove, and, if necessary, destroy the ship and cargo which is the source of the danger.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1474
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Federal law — U.S. Code and appendices · legal_authorities
Page 627
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1472
Sec.
1482.
Consultation for nomination and nomination
of experts, negotiators, etc.; proposal of
amendments to list of substances other
than convention oil; Presidential accept-
ance of amendments.
1483.
Foreign government ships; immunity.
1484.
Interpretation
and
administration;
other
right, duty, privilege, or immunity and
other remedy unaffected.
1485.
Rules and regulations.
1486.
Oil Spill Liability Trust Fund.
1487.
Effective date.
§ 1471. Definitions
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;
(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 oper-
ating;
(5) ‘‘ship’’ means—
(A) a seagoing vessel of any type whatso-
ever, and
(B) any floating craft, except an installa-
tion or device engaged in the exploration
and exploitation of the resources of the sea-
bed 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 th
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1472
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