33 U.S.C. § 2707 — Recovery by foreign claimants

Page 886 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2707 (Pub. L. 101–380, title I, § 1006, Aug. 18, 1990, 104 Stat. 494.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (b)(2)–(5), (c)(2)(A), (3)(A), (4)(A), (d)(3), (e), and (f), 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. Statutory Notes and Related Subsidiaries NOAA OIL AND HAZARDOUS SUBSTANCE SPILL COST REIMBURSEMENT Pub. L. 102–567, title II, § 205, Oct. 29, 1992, 106 Stat. 4282, provided that: ‘‘(a) TREATMENT OF AMOUNTS RECEIVED AS REIM- BURSEMENT OF EXPENSES.—Notwithstanding any other provision of law, amounts received by the United States as reimbursement of expenses related to oil or hazardous substance spill response activities, or nat- ural resource damage assessment, restoration, rehabili- tation, replacement, or acquisition activities, con- ducted (or to be conducted) by the National Oceanic and Atmospheric Administration— ‘‘(1) shall be deposited into the Fund; ‘‘(2) shall be available, without fiscal year limita- tion and without apportionment, for use in accord- ance with the law under which the activities are con- ducted; and ‘‘(3) shall not be considered to be an augmentation of appropriations. ‘‘(b) APPLICATION.—Subsection (a) shall apply to amounts described in subsection (a) that are received— ‘‘(1) after the date of the enactment of this Act [Oct. 29, 1992]; or ‘‘(2) with respect to the oil spill associated with the grounding of the EXXON VALDEZ. ‘‘(c) DEFINITIONS.—For purposes of this section— ‘‘(1) the term ‘Fund’ means the Damage Assessment and Restoration Revolving Fund of the National Oce- anic and Atmospheric Administration referred to in title I of Public Law 101–515 under the heading ‘Na- tional Oceanic and Atmospheric Administration’ (104 Stat. 2105) [set out as a note below]; and ‘‘(2) the term ‘expenses’ includes incremental and base salaries, ships, aircraft, and associated indirect costs, except the term does not include base salaries and benefits of National Oceanic and Atmospheric Administration Support Coordinators.’’ DAMAGE ASSESSMENT AND RESTORATION REVOLVING FUND; DEPOSITS; AVAILABILITY; TRANSFER Pub. L. 101–515, title I, Nov. 5, 1990, 104 Stat. 2105, pro- vided that: ‘‘For contingency planning, response and natural resource damage assessment and restoration activities, pursuant to the Comprehensive Environ- mental Response, Compensation[,] and Liability Act [of 1980], as amended [42 U.S.C. 9601 et seq.], the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.], the Marine Protection, Research[,] and Sanc- tuaries Act [of 1972], as amended [16 U.S.C. 1431et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.], and the Oil Pollution Act of 1990 [33 U.S.C. 2701 et seq.], $5,000,000 to remain available until expended: Provided, That notwithstanding any other provision of law, in fiscal year 1991 and thereafter, sums provided by any party or governmental entity for natural resource dam- age assessment, response or restoration activities con- ducted or to be conducted by the National Oceanic and Atmospheric Administration as a result of any injury to the marine environment and/or resources for which the National Oceanic and Atmospheric Administration acts as trustee of said marine environment and/or re- sources, shall be deposited in the Damage Assessment and Restoration Revolving Fund and said funds so de- posited shall remain available until expended: Provided further, That for purposes of obligation and expenditure in fiscal year 1991 and thereafter, sums available in the Damage Assessment and Restoration Revolving Fund may be transferred, upon the approval of the Secretary of Commerce or his delegate, to the Operations, Re- search, and Facilities appropriation of the National Oceanic and Atmospheric Administration.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (b)(3) and (4) of this section delegated to Administrator of Environ- mental Protection Agency by section 8(c) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54768, set out as a note under section 1321 of this title. § 2707. Recovery by foreign claimants (a) Required showing by foreign claimants (1) In general In addition to satisfying the other require- ments of this Act, to recover removal costs or damages resulting from an incident a foreign claimant shall demonstrate that— (A) the claimant has not been otherwise compensated for the removal costs or dam- ages; and (B) recovery is authorized by a treaty or executive agreement between the United States and the claimant’s country, or the Secretary of State, in consultation with the Attorney General and other appropriate offi- cials, has certified that the claimant’s coun- try provides a comparable remedy for United States claimants. (2) Exceptions Paragraph (1)(B) shall not apply with respect to recovery by a resident of Canada in the case of an incident described in subsection (b)(4). (b) Discharges in foreign countries A foreign claimant may make a claim for re- moval costs and damages resulting from a dis- charge, or substantial threat of a discharge, of oil in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country, only if the discharge is from— (1) an Outer Continental Shelf facility or a deepwater port; (2) a vessel in the navigable waters; (3) a vessel carrying oil as cargo between 2 places in the United States; or (4) a tanker that received the oil at the ter- minal of the pipeline constructed under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), for transportation to a place in the United States, and the discharge or threat occurs prior to delivery of the oil to that place. (c) ‘‘Foreign claimant’’ defined In this section, the term ‘‘foreign claimant’’ means— (1) a person residing in a foreign country; (2) the government of a foreign country; and (3) an agency or political subdivision of a foreign country. (Pub. L. 101–380, title I, § 1007, Aug. 18, 1990, 104 Stat. 496.) 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 title and removal costs and damages incurred by, or on behalf of, the respon- sible party is limited under section 2704 of this title. (Pub. L. 101–380, title I, § 1008, Aug. 18, 1990, 104 Stat. 497.) § 2709. Contribution A person may bring a civil action for contribu- tion against any other person who is liable or potentially liable under this Act or another law. The action shall be brought in accordance with section 2717 of this title. (Pub. L. 101–380, title I, § 1009, Aug. 18, 1990, 104 Stat. 497.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, 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. § 2710. Indemnification agreements (a) Agreements not prohibited Nothing in this Act prohibits any agreement to insure, hold harmless, or indemnify a party to such agreement for any liability under this Act. (b) Liability not transferred No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer liability imposed under this Act from a responsible party or from any person who may be liable for an incident under this Act to any other person. (c) Relationship to other causes of action Nothing in this Act, including the provisions of subsection (b), bars a cause of action that a responsible party subject to liability under this Act, or a guarantor, has or would have, by rea- son of subrogation or otherwise, against any person. (Pub. L. 101–380, title I, § 1010, Aug. 18, 1990, 104 Stat. 498.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, 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. § 2711. Consultation on removal actions The President shall consult with the affected trustees designated under section 2706 of this title 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 deter- mined 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. (Pub. L. 101–380, title I, § 1011, Aug. 18, 1990, 104 Stat. 498.) Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Administrator of Environmental Protection Agency for inland zone and to Secretary of Department in which Coast Guard is operating for coastal zone by sec- tion 3 of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54757, set out as a note under section 1321 of this title. § 2712. Uses of Fund (a) Uses generally The Fund shall be available to the President for— (1) the payment of removal costs, including the costs of monitoring removal actions, de- termined by the President to be consistent with the National Contingency Plan— (A) by Federal authorities; or (B) by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost- reimbursable agreement under subsection (d); (2) the payment of costs incurred by Federal, State, or Indian tribe trustees in carrying out their functions under section 2706 of this title