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 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