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SEC. 1001. DEFINITIONS.
For the purposes of this Act, the term,
(1) "act of God" means an unanticipated grave natural
disaster or other natural phenomenon of an exceptional, inevitable,
and irresistible character the effects of which could not have
been prevented or avoided by the exercise of due care or foresight;
(2) "barrel" means 42 United States gallons at 60 degrees
fahrenheit;
(3) "claim" means a request, made in writing for a sum
certain, for compensation for damages or removal costs resulting
from an incident;
(4) "claimant" means any person or government who presents
a claim for compensation under this title;
(5) "damages" means damages specified in section 1002(b)
of this Act, and includes the cost of assessing these damages;
(6) "deepwater port" is a facility licensed under the
Deepwater Port Act of 1974 (33 U.S.C. 1501-1524);
(7) "discharge" means any emission (other than natural
seepage), intentional or unintentional, and includes, but is not
limited to, spilling, leaking, pumping, pouring, emitting, emptying,
or du mping;
(8) "exclusive economic zone" means the zone established
by Presidential Proclamation Numbered 5030, dated March 10, 1983,
including the ocean waters of the areas referred to as "eastern
special areas" in Article 3(1) of the Agreement between the
United States of America and the Union of Soviet Socialist Republics
on the Maritime Boundary, signed June 1, 1990;
(9) "facility" means any structure, group of structures,
equipment, or device (other than a vessel) which is used for one
or more of the following purposes: exploring for, drilling for,
producing, storing, handling, transferring, processing, or transporting
oil. This term includes any motor vehicle, rolling stock, or pipeline
used for one or more of these purposes;
(10) "foreign offshore unit" means a facility which
is located, in whole or in part, in the territorial sea or on
the continental shelf of a foreign country and which is or was
used for one or more of the following purposes: exploring for,
drilling for, producing, storing, handling, transferring, processing,
or transporting oil produced from the seabed beneath the foreign
country's territorial sea or from the foreign country's continental
shelf;
(11) "Fund" means the Oil Spill Liability Trust Fund,
established by section 9509 of the Internal Revenue Code of 1986
(26 U.S.C. 9509);
(12) "gross ton" has the meaning given that term by
the Secretary under part J of title 46, United States Code;
(13) "guarantor" means any person, other than the responsible
party, who provides evidence of financial responsibility for a
responsible party under this Act;
(14) "incident" means any occurrence or series of occurrences
having the same origin, involving one or more vessels, facilities,
or any combination thereof, resulting in the discharge or substantial
threat of discharge of oil;
(15) "Indian tribe" means any Indian tribe, band, nation,
or other organized group or community, but not including any Alaska
Native regional or village corporation, which is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians and
has g overnmental authority over lands belonging to or controlled
by the tribe;
(16) "Lessee" means a person holding a leasehold interest
in an oil or gas lease on lands beneath navigable waters (as that
term is defined in section 2(a) of the Submerged Lands Act (43
U.S.C. 1301(a))) or on submerged lands of the Outer Continental
Shelf, granted or maintained under applicable State law or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
(17) "liable" or "liability" shall be construed
to be the standard of liability which obtains under section 311
of the Federal Water Pollution Control Act (33 U.S.C. 1321);
(18) "mobile offshore drilling unit" means a vessel
(other than a self-elevating lift vessel) capable of use as an
offshore facility;
(19) "National Contingency Plan" means the National
Contingency Plan prepared and published under section 311(d) of
the Federal Water Pollution Control Act, as amended by this Act,
or revised under section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9605);
(20) "natural resources" includes land, fish, wildlife,
biota, air, water, ground water, drinking water supplies, and
other such resources belonging to, managed by, held in trust by,
appertaining to, or otherwise controlled by the United States
(including the resources of the exclusive economic zone), any
State or local government or Indian tribe, or any foreign government;
(21) "navigable waters" means the waters of the United
States, including the territorial sea;
(22) "offshore facility" means any facility of any kind
located in, on, or under any of the navigable waters of the United
States, and any facility of any kind which is subject to the jurisdiction
of the United States and is located in, on, or under any other
waters, other than a vessel or a public vessel;
(23) "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, but does not include
petroleum, including crude oil or any fraction thereof, which
is specifically listed or designated as a hazardo us substance
under subparagraphs (A) through (F) of section 101(14) of the
Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601) and which is subject to the provisions of
that Act;
(24) "onshore facility" means any facility (including,
but not limited to, motor vehicles and rolling stock) of any kind
located in, on, or under, any land within the United States other
than submerged land;
(25) the term "Outer Continental Shelf facility" means
an offshore facility which is located, in whole or in part, on
the Outer Continental Shelf and is or was used for one or more
of the following purposes: exploring for, drilling for, producing,
storing, handling, transferring, processing, or transporting oil
produced from the Outer Continental Shelf;
(26) "owner or operator" means (A) in the case of a
vessel, any person owning, operating, or chartering by demise,
the vessel, and (B) in the case of an onshore facility, and an
offshore facility, any person owning or operating such onshore
facility or offshore facility, and (C) in the case of any abandoned
offshore facility, the person who owned or operated such facility
immediately prior to such abandonment;
(27) "person" means an individual, corporation, partnership,
association, State, municipality, commission, or political subdivision
of a State, or any interstate body;
(28) "permittee" means a person holding an authorization,
license, or permit for geological exploration issued under section
11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) or
applicable State law;
(29) "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 the vessel is engaged in commerce;
(30) "remove" or "removal" means containment
and removal of oil or a hazardous substance from water and shorelines
or the taking of other actions as may be necessary to minimize
or mitigate damage to the public health or welfare, including,
but not limited to, fish, shellfish, wildlife, and public and
private property, shorelines, and beaches;
(31) "rem oval costs" means the costs of removal that
are incurred after a discharge of oil has occurred or, in any
case in which there is a substantial threat of a discharge of
oil, the costs to prevent, minimize, or mitigate oil pollution
from such an incident;
(32) "responsible party" means the following:
(A) VESSELS.,In the case of a vessel, any person owning, operating,
or demise chartering the vessel.
(B) ONSHORE FACILITIES.,In the case of an onshore facility (other
than a pipeline), any person owning or operating the facility,
except a Federal agency, State, municipality, commission, or political
subdivision of a State, or any interstate body, that as the owner
transfers possession and right to use the property to another
person by lease, assignment, or permit.
(C) OFFSHORE FACILITIES.,In the case of an offshore facility (other
than a pipeline or a deepwater port licensed under the Deepwater
Port Act of 1974 (33 U.S.C. 1501 et seq.)), the lessee or permittee
of the area in which the facility is located or the holder of
a right of use and easement granted under applicable State law
or the Outer Continental Shelf Lands Act (43 U.S.C. 1301-1356)
for the area in which the facility is located (if the holder is
a different person than the lessee or permittee), except a Federal
agency, State, municipality, commission, or political subdivision
of a State, or any interstate body, that as owner transfers possession
and right to use the property to another person by lease, assignment,
or permit.
(D) DEEPWATER PORTS.,In the case of a deepwater port licensed
under the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524), the
licensee.
(E) PIPELINES.,In the case of a pipeline, any person owning or
operating the pipeline.
(F) ABANDONMENT.,In the case of an abandoned vessel, onshore facility,
deepwater port, pipeline, or offshore facility, the persons who
would have been responsible parties immediately prior to the abandonment
of the vessel or facility.
(33) "Secretary" means the Secretary of the department
in which the Coast Guard is operating;
(34) "tank vessel" means a vessel that is constructed
or adapted to carry, or that c arries, oil or hazardous material
in bulk as cargo or cargo residue, and that,
(A) is a vessel of the United States;
(B) operates on the navigable waters; or
(C) transfers oil or hazardous material in a place subject to
the jurisdiction of the United States;
(35) "territorial seas" means the belt of the seas
measured from the line of ordinary low water along that portion
of the coast which is in direct contact with the open sea and
the line marking the seaward limit of inland waters, and extending
seaward a distance of 3 miles;
(36) "United States" and "State" mean the
several States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, the Commonwealth of the Northern Marianas,
and any other territory or possession of the United States; and
(37) "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.
SEC. 1002. ELEMENTS OF LIABILITY.
(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
311 of the Federal Water Pollution Control Act (33 U.S.C. 1321),
as amended by this Act, under the Intervention on the High Seas
Act (33 U.S.C. 1471 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 subsistence use of natural
resources, which shall be recoverable by any claimant who so uses
natural resources which have been injured, destroyed, or lost,
without regard to the ownership or management of the resources.
(D) REVENUES.,Damages equal to the net loss of taxes, royalties,
rents, fees, or net profit shares due to the injury, destruction,
or loss of real property, personal property, or natural resources,
which shall be recoverable by the Government of the United States,
a State, or a political subdivision thereof.
(E) PROFITS AND EARNING CAPACITY.,Damages equal to the loss of
profits or impairment of earning capacity due to the injury, destruction,
or loss of real property, personal property, or natural resources,
which shall be recoverable by any claimant.
(F) PUBLIC SERVICES.,Damages for net costs of providing increased
or additional public services during or after removal activities,
including protection from fire, safety, or health hazards, caused
by a discharge of oil, which shall be recoverable by a State,
or a political subdivision of a State.
(c) EXCLUDED DISCHARGES.,This title does not apply to any discharge,
(1) permitted by a permit issued under Federal, State, or local
law;
(2) from a public vessel; or
(3) from an onshore facility which is subject to the Trans-Alaska
Pipeline Authorization Act (43 U.S.C. 1651 et seq.).
(d) LIABILITY OF THIRD PARTIES.,
(1) IN GENERAL.,
(A) THIRD PARTY TREATED AS RESPONSIBLE PARTY.,Except as provided
in subparagraph (B), in any case in which a responsible party
establishes that a discharge or threat of a discharge and the
resulting removal costs and damages were caused solely by an act
or omission of one or more third parties described in section
1003(a)(3) (or solely by such an act or omission in combination
with an act of God or an act of war), the third party or parties
shall be treated as the responsible party or parties for purposes
of determining liability under this title.
(B) SUBROGATION OF RESPONSIBLE PARTY.,If the responsible party
alleges that the discharge or threat of a discharge was caused
solely by an act or omission of a third party, the responsible
party,
(i) in accordance with section 1013, shall pay removal costs
and damage to any claimant; and
(ii) shall be entitled by subrogation to all rights of the
United States Government and the claimant to recover removal costs
or damages from the third party or the Fund paid under this subsection.
(2) LIMITATION APPLIED.,
(A) OWNER OR OPERATOR OF VESSEL OR FACILITY.,If the act or
omission of a third party that causes an incident occurs in connection
with a vessel or a facility owned or operated by the third party,
the liability of the third party shall be subject to the limits
provided in section 1004 as applied with respect to the vessel
or facility.
(B) OTHER CASES.,In any other case, the liability of a third party
or parties shall not exceed the limitation which would have been
applicable to the responsible party of the vessel or facility
from which the discharge actually occurred if the responsible
party were liable.
SEC. 1003. DEFENSES TO LIABILITY.
(a) COMPLETE DEFENSES.,A responsible party is not liable for
removal costs or damages under section 1002 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 1002 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 the responsible
party knows or has reason to know of the incident;
(2) to provide all reasonable cooperation and assistance requested
by a responsible official in connection with removal activities;
or
(3) without sufficient cause, to comply with an order issued under
subsection (c) or (e) of section 311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321), as amended by this Act, or the Intervention
on the High Seas Act (33 U.S.C. 1471 et seq.).
SEC. 1004 LIMITS ON LIABILITY
(a) GENERAL RULE.,Except as otherwise provided in this section,
the total of the liability of a responsible party under section
1002 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) $1,200 per gross ton; or
(B) (i) in the case of a vessel greater than 3,000 gross tons,
$10,000,000; or
(ii) in the case of a vessel of 3,000 gross tons or less,
$2,000,000;
(2) for any other vessel, $600 per gross ton or $500,000, 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) TREATED AS FACILITY FOR EXCESS LIABILITY.,To the extent that
removal costs and damages from any incident described in paragraph
(1) exceed the amount for which a responsible party is liable
(as that amount may be limited under subsection (a)(1)), the mobile
offshore drilling unit is deemed to be an offshore facility. For
purposes of applying subsection (a)(3), the amount specified in
that subsection shall be reduced by the amount for which the responsible
party is liable under paragraph (1).
(c) EXCEPTIONS.,
(1) ACTS OF RESPONSIBLE PARTY.,Subsection (a) does not apply
if the incident was proximately caused by,
(A) gross negligence or willful misconduct of, or
(B) the violation of an applicable Federal safety, construction,
or operating regulation by,
the responsible party, an agent or employee of the responsible
party, or a person acting pursuant to a contractual relationship
with the responsible party (except where the sole contractual
arrangement arises in connection with carriage by a common carrier
by rail).
(2) FAILURE OR REFUSAL OF RESPONSIBLE PARTY.,Subsection (a)
does not apply if the responsible party fails or refuses,
(A) to report the incident as required by law and the responsible
party knows or has reason to know of the incident;
(B) to provide all reasonable cooperation and assistance requested
by a responsible official in connection with removal activities;
or
(C) without sufficient cause, to comply with an order issued under
subsection (c) or (e) of section 311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321), as amended by this Act, or the Intervention
on the High Seas Act (33 U.S.C. 1471 et seq.).
(3) OCS FACILITY OR VESSEL.,Notwithstanding the limitations
established under subsection (a) and the defenses of section 1003,
all removal costs incurred by the United States Government or
any State or local official or agency in connection with a discharge
or substantial threat of discharge of oil from any Outer Continental
Shelf facility or a vessel carrying oil as cargo from such a facility
shall be borne by the owner or operator of such facility or vessel.
(d) ADJUSTING LIMITS OF LIABILITY.,
(1) ONSHORE FACILITIES.,Subject to paragraph (2), the President
may establish by regulation, with respect to any class or category
of onshore facility, a limit of liability under this section of
less than $350,000,000, but not less than $8,000,000, taking into
account size, storage capacity, oil throughput, proximity to sensitive
areas, type of oil handled, history of discharges, and other factors
relevant to risks posed by the class or category of facility.
(2) DEEPWATER PORTS AND ASSOCIATED VESSELS.,
(A) STUDY.,The Secretary shall conduct a study of the relative
operational and environmental risks posed by the transportation
of oil by vessel to deepwater ports (as defined in section 3 of
the Deepwater Port Act of 1974 (33 U.S.C. 1502)) versus the transportation
of oil by vessel to other ports. The study shall include a review
and analysis of offshore lightering practices used in connection
with that transportation, an analysis of the volume of oil transported
by vessel using those practices, and an analysis of the frequency
and volume of oil discharges which occur in connection with the
use of those practices.
(B) REPORT.,Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit to the Congress a report
on the results of the study conducted under subparagraph (A).
(C) RULEMAKING PROCEEDING.,If the Secretary determines, based
on the results of the study conducted under this subparagraph
(A), that the use of deepwater ports in connection with the transportation
of oil by vessel results in a lower operational or environmental
risk than the use of other ports, the Secretary shall initiate,
not later than the 180th day following the date of submission
of the report to th e Congress under subparagraph (B), a rulemaking
proceeding to lower the limits of liability under this section
for deepwater ports as the Secretary determines appropriate. The
Secretary may establish a limit of liability of less than $350,000,000,
but not less than $50,000,000, in accordance with paragraph (1).
(3) PERIODIC REPORTS.,The President shall, within 6 months after
the date of the enactment of this Act, and from time to time thereafter,
report to the Congress on the desirability of adjusting the limits
of liability specified in subsection (a).
(4) ADJUSTMENT TO REFLECT CONSUMER PRICE INDEX.,The President,
shall by regulations issued not less often than every 3 years,
adjust the limits of liability specified in subsection (a) to
reflect significant increases in the Consumer Price Index.
SEC. 1005. INTEREST.
(a) GENERAL RULE.,The responsible party or the responsible party's
guarantor is liable to a claimant for interest on the amount paid
in satisfaction of a claim under this Act for the period described
in subsection (b).
(b) PERIOD.,
(1) IN GENERAL.,Except as provided in paragraph (2), the period
for which interest shall be paid is the period beginning on the
30th day following the date on which the claim is presented to
the responsible party or guarantor and ending on the date on which
the claim is paid.
(2) EXCLUSION OF PERIOD DUE TO OFFER BY GUARANTOR.,If the guarantor
offers to the claimant an amount equal to or greater than that
finally paid in satisfaction of the claim, the period described
in paragraph (1) does not include the period beginning on the
date the offer is made and ending on the date the offer is accepted.
If the offer is made within 60 days after the date on which the
claim is presented under section 1013(a), the period described
in paragraph (1) does not include any period before the offer
is accepted.
(3) EXCLUSION OF PERIODS IN INTERESTS OF JUSTICE.,If in any period
a claimant is not paid due to reasons beyond the control of the
responsible party or because it would not serve the interests
of justice, no interest shall accrue under this section during
that period.
(4) CALC ULATION OF INTEREST.,The interest paid under this section
shall be calculated at the average of the highest rate for commercial
and finance company paper of maturities of 180 days or less obtaining
on each of the days included within the period for which interest
must be paid to the claimant, as published in the Federal Reserve
Bulletin.
(5) INTEREST NOT SUBJECT TO LIABILITY LIMITS.,
(A) IN GENERAL.,Interest (including prejudgment interest) under
this paragraph is in addition to damages and removal costs for
which claims may be asserted under section 1002 and shall be paid
without regard to any limitation of liability under section 1004.
(B) PAYMENT BY GUARANTOR.,The payment of interest under this subsection
by a guarantor is subject to section 1016(g).
SEC. 1006. NATURAL RESOURCES.
(a) LIABILITY.,In the case of natural resource damages under
section 1002(b)(2)(A), 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 1007 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 the
tribe or its members as trustee for natural resources under this
Act and shall notify the President of the designation.
(5) FOREIGN TRUSTEES.,The head of any foreign government may designate
the trustee who shall act on behalf of that government as trustee
for natural resources under this Act.
(c) FUNCTIONS OF TRUSTEES.,
(1) FEDERAL TRUSTEES.,The Federal officials designated under
subsection (b)(2),
(A) shall assess natural resource damages under section 1002(b)(2)(A)
for the natural resources under their trusteeship;
(B) may, upon request of and reimbursement from a State or Indian
tribe and at the Federal officials' discretion, assess damages
for the natural resources under the State's or tribe's trusteeship;
and
(C) shall develop and implement a plan for the restoration, rehabilitation,
replacement, or acquisition of the equivalent, of the natural
resources under their trusteeship.
(2) STATE TRUSTEES.,The State and local officials designated
under subsection (b)(3),
(A) shall assess natural resource damages under section 1002(b)(2)(A)
for the purposes of this Act for the natural resources under their
trusteeship; and
(B) shall develop and implement a plan for the restoration, rehabilitation,
replacement, or acquisition of the equivalent, of the natural
resources under their trusteeship.
(3) INDIAN TRIBE TRUSTEES.,The tribal officials designated under
subsection (b)(4),
(A) shall assess natural resource damages under section 1002(b)(2)(A)
for the purposes of this Act for the natural resources under their
trusteeship; and
(B) shall develop and implement a plan for the restoration, rehabilitation,
replacement, or acquisition of the equivalent, of the natural
resources under their trusteeship.
(4) FOREIGN TRUSTEES.,The trustee designated under subsection
(b)(5),
(A) shall assess natural resource damages under section 1002(b)(2)(A)
for the purposes of this Act for the natural resources under their
trusteeship; and
(B) shall develop and implement a plan for the restoration,
rehabilitation, replacement, or acquisition of the equivalent,
of the natural resources under their trusteeship.
(5) NOTICE AND OPPORTUNITY TO BE HEARD.,Plans shall be developed
and implemented under this section only after adequate public
notice, opportunity for a hearing, and consideration of all public
comment.
(d) MEASURE OF DAMAGES.,
(1) IN GENERAL.,The measure of natural resource damages under
section 1002(b)(2)(A) is,
(A) the cost of restoring, rehabilitating, replacing, or acquiring
the equivalent of, the damaged natural resources;
(B) the diminution in value of those natural resources pending
restoration; plus
(C) the reasonable cost of assessing those damages.
(2) DETERMINE COSTS WITH RESPECT TO PLANS.,Costs shall be determined
under paragraph (1) with respect to plans adopted under subsection
(c).
(3) NO DOUBLE RECOVERY.,There shall be no double recovery under
this Act for natural resource damages, including with respect
to the costs of damage assessment or restoration, rehabilitation,
replacement, or acquisition for the same incident and natural
resource.
(e) DAMAGE ASSESSMENT REGULATIONS.,
(1) REGULATIONS.,The President, acting through the Under Secretary
of Commerce for Ocean and Atmosphere and in consultation with
the Administrator of the Environmental Protection Agency, the
Director of the United States Fish and Wildlife Service, and the
heads of other affected agencies, not later than 2 years after
the date of the enactment of this Act, shall promulgate regulations
for the assessment of natural resource damages under section 1002(b)(2)(A)
resulting from a discharge of oil for the purpose of this Act.
(2) REBUTTABLE PRESUMPTION.,Any determination or assessment of
damages to natural resources for the purposes of this Act made
under subsection (d) by a Federal, State, or Indian trustee in
accordance with the regulations promulgated under paragraph (1)
shall have the force and effect of a rebuttable presumption on
behalf of the trustee in any administrative or judicial proceeding
under this Act.
(f) USE OF RECOVERED SUMS.,Sums recovered under this Act by a
Federal, State, Indian, or foreign trustee for natural resource
damages under section 1002(b)(2)(A) shall be retained by the trustee
in a revolving trust account, without further appropriation, for
use only to reimburse or pay costs incurred by the trustee under
subsection (c) with respect to the damaged natural resources.
Any amounts in excess of those required for these reimbursements
and costs shall be deposited in the Fund.
(g) COMPLIANCE.,Review of actions by any Federal official where
there is alleged to be a failure of that official to perform a
duty under this section that is not discretionary with that official
may be had by any person in the district court in which the person
resides or in which the alleged damage to natural resources occurred.
The court may award costs of litigation (including reasonable
attorney and expert witness fees) to any prevailing or substantially
prevailing party. Nothing in this subsection shall restrict any
right which any person may have to seek relief under any other
provision of law.
SEC. 1007. RECOVERY BY FOREIGN CLAIMANTS.
(a) REQUIRED SHOWING BY FOREIGN CLAIMANTS.,
(1) IN GENERAL.,In addition to satisfying the other requirements
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 damages; 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 officials, has certified that the claimant's country
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 removal costs and damages resulting from a discharge,
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 terminal 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.
SEC. 1008. 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 assert a claim for removal costs and
damages under section 1013 only if the responsible party demonstrates
that,
(1) the responsible party is entitled to a defense to liability
under section 1003; or
(2) the responsible party is entitled to a limitation of liability
under section 1004
(b) EXTENT OF RECOVERY.,A responsible party who is entitled to
a limitation of liability may assert a claim under section 1013
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 asserted under section 1013 exceeds the amount
to which the total of the liability under section 1002 and removal
costs and damages incurred by, or on behalf of, the responsible
party is limited under section 1004.
SEC. 1009. CONTRIBUTION.
A person may bring a civil action for contribution 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 1017.
SEC. 1010. 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 reason of subrogation or
otherwise, against any person.
SEC. 1011. CONSULTATION ON REMOVAL ACTIONS.
The President shall consult with the affected trustees designated
under section 1006 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.
SEC. 1012. USES OF THE 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, determined by the President to be consistent
with the National Contingency Plan,
(A) by Federal authorities; or
(B) by a Governor or designated State official under subsection
(d);
(2) the payment of costs incurred by Federal, State, or Indian
tribe trustees in carrying out their functions under section 1006
for assessing natural resource damages and for developing and
implementing plans for the restoration, rehabilitation, replacement,
or acquisition of the equivalent of damaged resources determined
by the President to be consistent with the National Contingency
Plan;
(3) the payment of removal costs determined by the President to
be consistent with the National Contingency Plan as a result of,
and damages resulting from, a discharge, or a substantial thre
at of a discharge, of oil from a foreign offshore unit:
(4) the payment of claims in accordance with section 1013 for
uncompensated removal costs determined by the President to be
consistent with the National Contingency Plan or uncompensated
damages;
(5) the payment of Federal administrative, operational, and personnel
costs and expenses reasonably necessary for and incidental to
the implementation, administration, and enforcement of this Act
(including, but not limited to, sections 1004(d)(2), 1006(e),
4107, 4110, 4111, 4112, 4117, 5006, 8103, and title VII) and subsections
(b), (c), (d), (j), and (l) of section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321), as amended by this Act,
with respect to prevention, removal, and enforcement related to
oil discharges, provided that,
(A) not more than $25,000,000 in each fiscal year shall be
available to the Secretary for operating expenses incurred by
the Coast Guard;
(B) not more than $30,000,000 each year through the end of fiscal
year 1992 shall be available to establish the National Response
System under section 311(j) of the Federal Water Pollution Control
Act, as amended by this Act, including the purchase and prepositioning
of oil spill removal equipment; and
(C) not more than $27,250,000 in each fiscal year shall be available
to carry out title VII of this Act.
(b) DEFENSE TO LIABILITY FOR FUND.,The Fund shall not be available
to pay any claim for removal costs or damages to a particular
claimant, to the extent that the incident, removal costs, or damages
are caused by the gross negligence or willful misconduct of that
claimant.
(c) OBLIGATION OF FUND BY FEDERAL OFFICIALS.,The President may
promulgate regulations designating one or more Federal officials
who may obligate money in accordance with subsection (a).
(d) ACCESS TO FUND BY STATE OFFICIALS.,
(1) IMMEDIATE REMOVAL.,In accordance with regulations promulgated
under this section, the President, upon the request of the Governor
of a State or pursuant to an agreement with a State under paragraph
(2), may obligate the Fund for payment in an amount not to exceed
$250,000 for removal costs consistent with the National Contingency
Plan required for the immediate removal of a discharge, or the
mitigation or prevention of a substantial threat of a discharge,
of oil.
(2) AGREEMENTS.,
(A) IN GENERAL.,The President shall enter into an agreement
with the Governor of any interested State to establish procedures
under which the Governor or a designated State official may receive
payments from the Fund for removal costs pursuant to paragraph
(1).
(B) TERMS.,Agreements under this paragraph,
(i) may include such terms and conditions as may be agreed
upon by the President and the Governor of a State;
(ii) shall provide for political subdivisions of the State to
receive payments for reasonable removal costs; and
(iii) may authorize advance payments from the fund to facilitate
removal efforts.
(e) REGULATIONS.,The President shall,
(1) not later than 6 months after the date of the enactment
of this Act, publish proposed regulations detailing the manner
in which the authority to obligate the Fund and to enter into
agreements under this subsection shall be exercised; and
(2) not later than 3 months after the close of the comment period
for such proposed regulations, promulgate final regulations for
that purpose.
(f) RIGHTS OF SUBROGATION.,Payment of any claim or obligation
by the Fund under this Act shall be subject to the United States
Government acquiring by subrogation all rights of the claimant
or State to recover from the responsible party.
(g) AUDITS.,The Comptroller General shall audit all payments,
obligations, reimbursements, and other uses of the Fund, to assure
that the Fund is being properly administered and that claims are
being appropriately and expeditiously considered. The Comptroller
General shall submit to the Congress an interim report one year
after the date of the enactment of this Act. The Comptroller General
shall thereafter audit the Fund as is appropriate. Each Federal
agency shall cooperate with the Comptroller General in carrying
out this subsection.
(h) PERIOD OF LIMITATIONS FOR CLAIMS.,
(1) REMOVAL COSTS.,No claim may be presented under this title
for recovery of removal costs for an incident unless the claim
is presented within 6 years after the date of completion of all
removal actions for that incident.
(2) DAMAGES.,No claim may be presented under this section for
recovery of damages unless the claim is presented within 3 years
after the date on which the injury and its connection with the
discharge in question were reasonably discoverable with the exercise
of due care, or in the case of natural resource damages under
section 1002(b)(2)(A), if later, the date of completion of the
natural resources damage assessment under section 1006(e).
(3) MINORS AND INCOMPETENTS.,The time limitations contained in
this subsection shall not begin to run,
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal representative
is duly appointed for the minor, or
(B) against an incompetent person until the earlier of the date
on which such incompetent's incompetency ends or the date on which
a legal representative is duly appointed for the incompetent.
(i) LIMITATION ON PAYMENT FOR SAME COSTS.,In any case in which
the President has paid an amount from the Fund for any removal
costs or damages specified under subsection (a), no other claim
may be paid from the Fund for the same removal costs or damages.
(j) OBLIGATION IN ACCORDANCE WITH PLAN.,
(1) IN GENERAL.,Except as provided in paragraph (2), amounts
may be obligated from the Fund for the restoration, rehabilitation,
replacement, or acquisition of natural resources only in accordance
with a plan adopted under section 1006(c).
(2) EXCEPTION.,Paragraph (1) shall not apply in a situation requiring
action to avoid irreversible loss of natural resources or to prevent
or reduce any continuing danger to natural resources or similar
need for emergency action.
(k) PREFERENCE FOR PRIVATE PERSONS IN AREA AFFECTED BY DISCHARGES.,
(1) IN GENERAL.,In the expenditure of Federal funds for removal
of oil, including for distribution of supplies, construction,
and other reasonable and appropriate activities, under a contract
or agreement with a private person, preference shall be given,
to the extent feasible and practicable, to private persons residing
or doing business primarily in the area affected by the discharge
of oil.
(2) LIMITATION.,This subsection shall not be considered to restrict
the use of Department of Defense resources.
SEC. 1013. CLAIMS PROCEDURE.
(a) PRESENTATION.,Except as provided in subsection (b), all claims
for removal costs or damages shall be presented first to the responsible
party or guarantor of the source designated under section 1014(a).
(b) PRESENTATION TO FUND.,
(1) IN GENERAL.,Claims for removal costs or damages may be presented
first to the Fund,
(A) if the President has advertised or otherwise notified claimants
in accordance with section 1014(c);
(B) by a responsible party who may assert a claim under section
1008;
(C) by the Governor of a State for removal costs incurred by that
State; or
(D) by a United States claimant in a case where a foreign offshore
unit has discharged oil causing damage for which the Fund is liable
under section 1012(a).
(2) LIMITATION ON PRESENTING CLAIM.,No claim of a person against
the Fund may be approved or certified during the pendency of an
action by the person in court to recover costs which are the subject
of the claim.
(c) ELECTION.,If a claim is presented in accordance with subsection
(a) and,
(1) each person to whom the claim is presented denies all liability
for the claim, or
(2) the claim is not settled by any person by payment within 90
days after the date upon which (A) the claim was presented, or
(B) advertising was begun pursuant to section 1014(b), whichever
is later,
the claimant may elect to commence an action in court against
the responsible party or guarantor or to present the claim to
the Fund.
(d) UNCOMPENSATED DAMAGES.,If a claim is presented in accordance
with this section and full and adequate compensation is unavailable,
a claim for the uncompensated damages and removal costs may be
presented to the Fund.
(e) PROCEDURE FOR CLAIMS AGAINST FUND.,The President shall promulgate,
and may from time to time amend, regulations for the presentation,
filing, processing, settlement, and adjudication of claims under
this Act a gainst the Fund.
SEC. 1014. DESIGNATION OF SOURCE AND ADVERTISEMENT.
(a) DESIGNATION OF SOURCE AND NOTIFICATION.,When the President
receives information of an incident, the President shall, where
possible and appropriate, designate the source or sources of the
discharge or threat. If a designated source is a vessel or a facility,
the President shall immediately notify the responsible party and
the guarantor, if known, of that designation.
(b) ADVERTISEMENT BY RESPONSIBLE PARTY OR GUARANTOR.,If a responsible
party or guarantor fails to inform the President, within 5 days
after receiving notification of a designation under subsection
(a), of the party's or the guarantor's denial of the designation,
such party or guarantor shall advertise the designation and the
procedures by which claims may be presented, in accordance with
regulations promulgated by the President. Advertisement under
the preceding sentence shall begin no later than 15 days after
the date of the designation made under subsection (a). If advertisement
is not otherwise made in accordance with this subsection, the
President shall promptly and at the expense of the responsible
party or the guarantor involved, advertise the designation and
the procedures by which claims may be presented to the responsible
party or guarantor. Advertisement under this subsection shall
continue for a period of no less than 30 days.
(c) ADVERTISEMENT BY PRESIDENT.,If,
(1) the responsible party and the guarantor both deny a designation
within 5 days after receiving notification of a designation under
subsection (a),
(2) the source of the discharge or threat was a public vessel,
or
(3) the President is unable to designate the source or sources
of the discharge or threat under subsection (a),
the President shall advertise or otherwise notify potential claimants
of the procedures by which claims may be presented to the Fund.
SEC. 1015. SUBROGATION.
(a) IN GENERAL.,Any person, including the Fund, who pays compensation
pursuant to this Act to any claimant for removal costs or damages
shall be subrogated to all rights, claims, and causes of action
that the claimant has under any other law.
(b) ACTIONS ON BEHALF OF FUND.,At the request of the Secretary,
the Attorney General shall commence an action on behalf of the
Fund to recover any compensation paid by the Fund to any claimant
pursuant to this Act, and all costs incurred by the Fund by reason
of the claim, including interest (including prejudgment interest),
administrative and adjudicative costs, and attorney's fees. Such
an action may be commenced against any responsible party or (subject
to section 1016) guarantor, or against any other person who is
liable, pursuant to any law, to the compensated claimant or to
the Fund, for the cost or damages for which the compensation was
paid. Such an action shall be commenced against the responsible
foreign government or other responsible party to recover any removal
costs or damages paid from the Fund as the result of the discharge,
or substantial threat of discharge, of oil from a foreign offshore
unit.
SEC. 1016. FINANCIAL RESPONSIBILITY.
(a) REQUIREMENT.,The responsible party for,
(1) any vessel over 300 gross tons (except a non-self-propelled
vessel that does not carry oil as cargo or fuel) using any place
subject to the jurisdiction of the United States; or
(2) any vessel using the waters of the exclusive economic zone
to transship or lighter oil destined for a place subject to the
jurisdiction of the United States;
shall establish and maintain, in accordance with regulations promulgated
by the Secretary, evidence of financial responsibility sufficient
to meet the maximum amount of liability to which, in the case
of a tank vessel, the responsible party could be subject under
section 1004 (a)(1) or (d) of this Act, or to which, in the case
of any other vessel, the responsible party could be subjected
under section 1004 (a)(2) or (d), in a case where the responsible
party would be entitled to limit liability under that section.
If the responsible party owns or operates more than one vessel,
evidence of financial responsibility need be established only
to meet the amount of the maximum liability applicable to the
vessel having the greatest maximum liability.
(b) SANCTIONS.,
(1) WITHHOLDING CLEARANCE.,The Secretary of the Treasury shall
withhold or revoke the clearance required by section 4197 of the
Revised Statutes of the United States of any vessel subject to
this section that does not have the evidence of financial responsibility
required for the vessel under this section.
(2) DENYING ENTRY TO OR DETAINING VESSELS.,The Secretary may,
(A) deny entry to any vessel to any place in the United States,
or to the navigable waters, or
(B) detain at the place,
any vessel that, upon request, does not produce the evidence
of financial responsibility required for the vessel under this
section.
(3) SEIZURE OF VESSEL.,Any vessel subject to the requirements
of this section which is found in the navigable waters without
the necessary evidence of financial responsibility for the vessel
shall be subject to seizure by and forfeiture to the United States.
(c) OFFSHORE FACILITIES.,
(1) IN GENERAL.,Except as provided in paragraph (2), each responsible
party with respect to an offshore facility shall establish and
maintain evidence of financial responsibility of $150,000,000
to meet the amount of liability to which the responsible party
could be subjected under section 1004(a) in a case in which the
responsible party would be entitled to limit liability under that
section. In a case in which a person is the responsible party
for more than one facility subject to this subsection, evidence
of financial responsibility need be established only to meet the
maximum liability applicable to the facility having the greatest
maximum liability.
(2) DEEPWATER PORTS.,Each responsible party with respect to a
deepwater port shall establish and maintain evidence of financial
responsibility sufficient to meet the maximum amount of liability
to which the responsible party could be subjected under section
1004(a) of this Act in a case where the responsible party would
be entitled to limit liability under that section. If the Secretary
exercises the authority under section 1004(d)(2) to lower the
limit of liability for deepwater ports, the responsible party
shall establish and maintain evidence of financial responsib
ility sufficient to meet the maximum amount of liability so established.
In a case in which a person is the responsible party for more
than one deepwater port, evidence of financial responsibility
need be established only to meet the maximum liability applicable
to the deepwater port having the greatest maximum liability.
(e) METHODS OF FINANCIAL RESPONSIBILITY.,Financial responsibility
under this section may be established by any one, or by any combination,
of the following methods which the Secretary (in the case of a
vessel) or the President (in the case of a facility) determines
to be acceptable: evidence of insurance, surety bond, guarantee,
letter of credit, qualification as a self-insurer, or other evidence
of financial responsibility. Any bond filed shall be issued by
a bonding company authorized to do business in the United States.
In promulgating requirements under this section, the Secretary
or the President, as appropriate, may specify policy or other
contractual terms, conditions, or defenses which are necessary,
or which are unacceptable, in establishing evidence of financial
responsibility to effectuate the purposes of this Act.
(f) CLAIMS AGAINST GUARANTOR.,Any claim for which liability may
be established under section 1002 may be asserted directly against
any guarantor providing evidence of financial responsibility for
a responsible party liable under that section for removal costs
and damages to which the claim pertains. In defending against
such a claim, the guarantor may invoke (1) all rights and defenses
which would be available to the responsible party under this Act,
(2) any defense authorized under subsection (e), and (3) the defense
that the incident was caused by the willful misconduct of the
responsible party. The guarantor may not invoke any other defense
that might be available in proceedings brought by the responsible
party against the guarantor.
(g) LIMITATION ON GUARANTOR'S LIABILITY.,Nothing in this Act
shall impose liability with respect to an incident on any guarantor
for damages or removal costs which exceed, in the aggregate, the
amount of financial responsibility requir ed under this Act which
that guarantor has provided for a responsible party.
(h) CONTINUATION OF REGULATIONS.,Any regulation relating to financial
responsibility, which has been issued pursuant to any provision
of law repealed or superseded by this Act, and which is in effect
on the date immediately preceding the effective date of this Act,
is deemed and shall be construed to be a regulation issued pursuant
to this section. Such a regulation shall remain in full force
and effect unless and until superseded by a new regulation issued
under this section.
(i) UNIFIED CERTIFICATE.,The Secretary may issue a single unified
certificate of financial responsibility for purposes of this Act
and any other law.
SEC. 1017. LITIGATION, JURISDICTION, AND VENUE.
(a) REVIEW OF REGULATIONS.,Review of any regulation promulgated
under this Act may be had upon application by any interested person
only in the Circuit Court of Appeals of the United States for
the District of Columbia. Any such application shall be made within
90 days from the date of promulgation of such regulations. Any
matter with respect to which review could have been obtained under
this subsection shall not be subject to judicial review in any
civil or criminal proceeding for enforcement or to obtain damages
or recovery of response costs.
(b) JURISDICTION.,Except as provided in subsections (a) and (c),
the United States district courts shall have exclusive original
jurisdiction over all controversies arising under this Act, without
regard to the citizenship of the parties or the amount in controversy.
Venue shall lie in any district in which the discharge or injury
or damages occurred, or in which the defendant resides, may be
found, has its principal office, or has appointed an agent for
service of process. For the purposes of this section, the Fund
shall reside in the District of Columbia.
(c) STATE COURT JURISDICTION.,A State trial court of competent
jurisdiction over claims for removal costs or damages, as defined
under this Act, may consider claims under this Act or State law
and any final judgment of such court (when no longer subject to
ordinary for ms of review) shall be recognized, valid, and enforceable
for all purposes of this Act.
(d) ASSESSMENT AND COLLECTION OF TAX.,The provisions of subsections
(a), (b), and (c) shall not apply to any controversy or other
matter resulting from the assessment or collection of any tax,
or to the review of any regulation promulgated under the Internal
Revenue Code of 1986.
(e) SAVINGS PROVISION.,Nothing in this title shall apply to any
cause of action or right of recovery arising from any incident
which occurred prior to the date of enactment of this title. Such
claims shall be adjudicated pursuant to the law applicable on
the date of the incident.
(f) PERIOD OF LIMITATIONS.,
(1) DAMAGES.,Except as provided in paragraphs (3) and (4), an
action for damages under this Act shall be barred unless the action
is brought within 3 years after,
(A) the date on which the loss and the connection of the loss
with the discharge in question are reasonably discoverable with
the exercise of due care, or
(B) in the case of natural resource damages under section 1002(b)(2)(A),
the date of completion of the natural resources damage assessment
under section 1006.
(2) REMOVAL COSTS.,An action for recovery of removal costs referred
to in section 1002(b)(1) must be commenced within 3 years after
completion of the removal action. In any such action described
in this subsection, the court shall enter a declaratory judgment
on liability for removal costs or damages that will be binding
on any subsequent action or actions to recover further removal
costs or damages. Except as otherwise provided in this paragraph,
an action may be commenced under this title for recovery of removal
costs at any time after such costs have been incurred.
(3) CONTRIBUTION.,No action for contribution for any removal costs
or damages may be commenced more than 3 years after,
(A) the date of judgment in any action under this Act for recovery
of such costs or damages, or
(B) the date of entry of a judicially approved settlement with
respect to such costs or damages.
(4) SUBROGATION.,No action based on rights subrogated pursuant
to this Act by reason of payment of a claim may be commenced under
this Act more than 3 years after the date of payment of such claim.
(5) COMMENCEMENT.,The time limitations contained herein shall
not begin to run,
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal representative
is duly appointed for such minor, or
(B) against an incompetent person until the earlier of the date
on which such incompetent's incompetency ends or the date on which
a legal representative is duly appointed for such incompetent.
SEC. 1018. RELATIONSHIP TO OTHER LAW.
(a) PRESERVATION OF STATE AUTHORITIES; SOLID WASTE DISPOSAL ACT.,Nothing
in this Act or the Act of March 3, 1851 shall,
(1) affect, or be construed or interpreted as preempting, the
authority of any State or political subdivision thereof from
imposing any additional liability or requirements with respect
to,
(A) the discharge of oil or other pollution by oil within such
State; or
(B) any removal activities in connection with such a discharge;
or
(2) affect, or be construed or interpreted to affect or modify
in any way the obligations or liabilities of any person under
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State
law, including common law.
(b) PRESERVATION OF STATE FUNDS.,Nothing in this Act or in section
9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall
in any way affect, or be construed to affect, the authority of
any State,
(1) to establish, or to continue in effect, a fund any purpose
of which is to pay for costs or damages arising out of, or directly
resulting from, oil pollution or the substantial threat of oil
pollution; or
(2) to require any person to contribute to such a fund.
(c) ADDITIONAL REQUIREMENTS AND LIABILITIES; PENALTIES.,Nothing
in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et seq.),
or section 9509 of the Internal Revenue Code of 1986 (26 U.S.C.
9509), shall in any way affect, or be construed to affect, the
authority of the United States or any State or political subdivision
thereof,
(1) to impose additional liability or additional requirements;
or
(2) to impose, or to determ ine the amount of, any fine or penalty
(whether criminal or Civil in nature) for any violation of law;
relating to the discharge, or substantial threat of a discharge,
of oil.
(d) FEDERAL EMPLOYEE LIABILITY.,For purposes of section 2679(b)(2)(B)
of title 28, United States Code, nothing in this Act shall be
construed to authorize or create a cause of action against a Federal
officer or employee in the officer's or employee's personal or
individual capacity for any act or omission while acting within
the scope of the officer's or employee's office or employment.