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33 U.S.C. § 2711 — Consultation on removal actions

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

33 U.S.C. § 2711 — Consultation on removal actions

The President shall consult with the affected trustees designated under [section 2706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2706&num=0&edition=prelim) on the appropriate removal action to be taken in connection with any discharge of oil. For the purposes of the National Contingency Plan, removal with respect to any discharge shall be considered completed when so determined by the President in consultation with the Governor or Governors of the affected States. However, this determination shall not preclude additional removal actions under applicable State law.

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Source location: Title 33, Chapter 40, § 2711; chapter-040-oil-pollution.md

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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”

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

33 U.S.C. § 2706 — Natural resources

**(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

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

33 U.S.C. § 2711 — Consultation on removal actions

Page 887 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2712 Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(1), 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. The Trans-Alaska Pipeline Authorization Act, re- ferred to in subsec. (b)(4), is title II of Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 584, which is classified generally to chapter 34 (§ 1651 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 43 and Tables. § 2708. Recovery by responsible party (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 as- sert a claim for removal costs and damages under section 2713 of this title only if the re- sponsible party demonstrates that— (1) the responsible party is entitled to a de- fense to liability under section 2703 of this title; or (2) the responsible party is entitled to a lim- itation of liability under section 2704 of this title. (b) Extent of recovery A responsible party who is entitled to a limi- tation of liability may assert a claim under sec- tion 2713 of this title 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 as- serted under section 2713 of this title exceeds the amount to which the total of the liability under section 2702 of this titl

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