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33 U.S.C. § 1471 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1473/a&num=0&edition=prelim);
(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 operating;
(5) “ship” means—
(A) a seagoing vessel of any type whatsoever, and
(B) any floating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed 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 the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States.
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Source location: Title 33, Chapter 28, § 1471; chapter-028-pollution-casualties-on-the-high-seas-united-states-intervention.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1473/a&num=0&edition=prelim);
(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 operating;
(5) “ship” means—
(A) a seagoing vessel of any type whatsoever, and
(B) any floating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed 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 the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1681
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident.
**(b) Covered removal costs and damages**
(1) **Removal costs** — The removal costs referred to in subsection (a) are—
(A) all removal costs incurred by the United States, a State, or an Indian tribe under subsection (c), (d), (e), or (l) of [section 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim), under the Intervention on the High Seas Act ([33 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1471&num=0&edition=prelim) et seq.), or under State law; and
(B) any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan.
(2) **Damages** — The damages referred to in subsection (a) are the following:
(A) *Natural resources* — Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the reasonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee.
(B) *Real or personal property* — Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property.
(C) *Subsistence use* — Damages for loss of subsistenc
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2702
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Complete defenses** A responsible party is not liable for removal costs or damages under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) if the responsible party establishes, by a preponderance of the evidence, that the discharge or substantial threat of a discharge of oil and the resulting damages or removal costs were caused solely by—
(1) an act of God;
(2) an act of war;
(3) an act or omission of a third party, other than an employee or agent of the responsible party or a third party whose act or omission occurs in connection with any contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail), if the responsible party establishes, by a preponderance of the evidence, that the responsible party—
(A) exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and
(B) took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or
(4) any combination of paragraphs (1), (2), and (3).
**(b) Defenses as to particular claimants** A responsible party is not liable under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) to a claimant, to the extent that the incident is caused by the gross negligence or willful misconduct of the claimant.
**(c) Limitation on complete defense** Subsection (a) does not apply with respect to a responsible party who fails or refuses—
(1) to report the incident as required by law if t
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2703
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as otherwise provided in this section, the total of the liability of a responsible party under [section 2702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702&num=0&edition=prelim) and any removal costs incurred by, or on behalf of, the responsible party, with respect to each incident shall not exceed—
(1) for a tank vessel the greater of—
(A) with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only, $3,000 per gross ton;
(B) with respect to a vessel other than a vessel referred to in subparagraph (A), $1,900 per gross ton; or
(C)
(i) with respect to a vessel greater than 3,000 gross tons that is—
(I) a vessel described in subparagraph (A), $22,000,000; or
(II) a vessel described in subparagraph (B), $16,000,000; or
(ii) with respect to a vessel of 3,000 gross tons or less that is—
(I) a vessel described in subparagraph (A), $6,000,000; or
(II) a vessel described in subparagraph (B), $4,000,000;
(2) for any other vessel, $950 per gross ton or $800,000, whichever is greater;
(3) for an offshore facility except a deepwater port, the total of all removal costs plus $75,000,000; and
(4) for any onshore facility and a deepwater port, $350,000,000.
**(b) Division of liability for mobile offshore drilling units**
(1) **Treated first as tank vessel** — For purposes of determining the responsible party and applying this Act and except as provided in paragraph (2), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of oil on or above the surface of the water.
(2)
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2704
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For the purposes specified in this section there is authorized to be appropriated from the Hazardous Substance Superfund established under subchapter A of chapter 98 of title 26 not more than $8,500,000,000 for the 5-year period beginning on October 17, 1986, and not more than $5,100,000,000 for the period commencing October 1, 1991, and ending September 30, 1994, and such sums shall remain available until expended. The preceding sentence constitutes a specific authorization for the funds appropriated under title II of Public Law 99-160 (relating to payment to the Hazardous Substances Trust Fund). The President shall use the money in the Fund for the following purposes:
(1) Payment of governmental response costs incurred pursuant to [section 9604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604&num=0&edition=prelim), including costs incurred pursuant to the Intervention on the High Seas Act [[33 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1471&num=0&edition=prelim) et seq.].
(2) Payment of any claim for necessary response costs incurred by any other person as a result of carrying out the national contingency plan established under section 1321(c) 11 See References in Text note below. of title 33 and amended by [section 9605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9605&num=0&edition=prelim): Provided, however, That such costs must be approved under said plan and certified by the responsible Federal official.
(3) Payment of any claim authorized by subsection (b) of this section and finally decided pursuant to [section 9612 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9611
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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. § 1471
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