33 U.S.C. § 1321 : US Code - Section 1321: Oil and hazardous substance liability

    (a) Definitions
      For the purpose of this section, the term - 
        (1) "oil" means oil of any kind or in any form, including, but
      not limited to, petroleum, fuel oil, sludge, oil refuse, and oil
      mixed with wastes other than dredged spoil;
        (2) "discharge" includes, but is not limited to, any spilling,
      leaking, pumping, pouring, emitting, emptying or dumping, but
      excludes (A) discharges in compliance with a permit under section
      1342 of this title, (B) discharges resulting from circumstances
      identified and reviewed and made a part of the public record with
      respect to a permit issued or modified under section 1342 of this
      title, and subject to a condition in such permit,,(!1) (C)
      continuous or anticipated intermittent discharges from a point
      source, identified in a permit or permit application under
      section 1342 of this title, which are caused by events occurring
      within the scope of relevant operating or treatment systems, and
      (D) discharges incidental to mechanical removal authorized by the
      President under subsection (c) of this section;

        (3) "vessel" means every description of watercraft or other
      artificial contrivance used, or capable of being used, as a means
      of transportation on water other than a public vessel;
        (4) "public vessel" means a vessel owned or bareboat-chartered
      and operated by the United States, or by a State or political
      subdivision thereof, or by a foreign nation, except when such
      vessel is engaged in commerce;
        (5) "United States" means the States, the District of Columbia,
      the Commonwealth of Puerto Rico, the Commonwealth of the Northern
      Mariana Islands, Guam, American Samoa, the Virgin Islands, and
      the Trust Territory of the Pacific Islands;
        (6) "owner or operator" means (A) in the case of a vessel, any
      person owning, operating, or chartering by demise, such 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;
        (7) "person" includes an individual, firm, corporation,
      association, and a partnership;
        (8) "remove" or "removal" refers to containment and removal of
      the oil or hazardous substances from the water and shorelines or
      the taking of such other actions as may be necessary to prevent,
      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;
        (9) "contiguous zone" means the entire zone established or to
      be established by the United States under article 24 of the
      Convention on the Territorial Sea and the Contiguous Zone;
        (10) "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;
        (11) "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;
        (12) "act of God" means an act occasioned by an unanticipated
      grave natural disaster;
        (13) "barrel" means 42 United States gallons at 60 degrees
      Fahrenheit;
        (14) "hazardous substance" means any substance designated
      pursuant to subsection (b)(2) of this section;
        (15) "inland oil barge" means a non-self-propelled vessel
      carrying oil in bulk as cargo and certificated to operate only in
      the inland waters of the United States, while operating in such
      waters;
        (16) "inland waters of the United States" means those waters of
      the United States lying inside the baseline from which the
      territorial sea is measured and those waters outside such
      baseline which are a part of the Gulf Intracoastal Waterway;
        (17) "otherwise subject to the jurisdiction of the United
      States" means subject to the jurisdiction of the United States by
      virtue of United States citizenship, United States vessel
      documentation or numbering, or as provided for by international
      agreement to which the United States is a party;
        (18) "Area Committee" means an Area Committee established under
      subsection (j) of this section;
        (19) "Area Contingency Plan" means an Area Contingency Plan
      prepared under subsection (j) of this section;
        (20) "Coast Guard District Response Group" means a Coast Guard
      District Response Group established under subsection (j) of this
      section;
        (21) "Federal On-Scene Coordinator" means a Federal On-Scene
      Coordinator designated in the National Contingency Plan;
        (22) "National Contingency Plan" means the National Contingency
      Plan prepared and published under subsection (d) of this section;
        (23) "National Response Unit" means the National Response Unit
      established under subsection (j) of this section;
        (24) "worst case discharge" means - 
          (A) in the case of a vessel, a discharge in adverse weather
        conditions of its entire cargo; and
          (B) in the case of an offshore facility or onshore facility,
        the largest foreseeable discharge in adverse weather
        conditions;

        (25) "removal costs" means - 
          (A) the costs of removal of oil or a hazardous substance that
        are incurred after it is discharged; and
          (B) in any case in which there is a substantial threat of a
        discharge of oil or a hazardous substance, the costs to
        prevent, minimize, or mitigate that threat; and

        (26) "nontank vessel" means a self-propelled vessel that - 
          (A) is at least 400 gross tons as measured under section
        14302 of title 46 or, for vessels not measured under that
        section, as measured under section 14502 of that title;
          (B) is not a tank vessel;
          (C) carries oil of any kind as fuel for main propulsion; and
          (D) operates on the navigable waters of the United States, as
        defined in section 2101(17a) of that title.
    (b) Congressional declaration of policy against discharges of oil
      or hazardous substances; designation of hazardous substances;
      study of higher standard of care incentives and report to
      Congress; liability; penalties; civil actions: penalty
      limitations, separate offenses, jurisdiction, mitigation of
      damages and costs, recovery of removal costs, alternative
      remedies, and withholding clearance of vessels
      (1) The Congress hereby declares that it is the policy of the
    United States that there should be no discharges of oil or
    hazardous substances into or upon the navigable waters of the
    United States, adjoining shorelines, or into or upon the waters of
    the contiguous zone, or in connection with activities under the
    Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the
    Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.], or which may
    affect natural resources belonging to, appertaining to, or under
    the exclusive management authority of the United States (including
    resources under the Magnuson-Stevens Fishery Conservation and
    Management Act [16 U.S.C. 1801 et seq.]).
      (2)(A) The Administrator shall develop, promulgate, and revise as
    may be appropriate, regulations designating as hazardous
    substances, other than oil as defined in this section, such
    elements and compounds which, when discharged in any quantity into
    or upon the navigable waters of the United States or adjoining
    shorelines or the waters of the contiguous zone or in connection
    with activities under the Outer Continental Shelf Lands Act [43
    U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33 U.S.C.
    1501 et seq.], or which may affect natural resources belonging to,
    appertaining to, or under the exclusive management authority of the
    United States (including resources under the Magnuson-Stevens
    Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]),
    present an imminent and substantial danger to the public health or
    welfare, including, but not limited to, fish, shellfish, wildlife,
    shorelines, and beaches.
      (B) The Administrator shall within 18 months after the date of
    enactment of this paragraph, conduct a study and report to the
    Congress on methods, mechanisms, and procedures to create
    incentives to achieve a higher standard of care in all aspects of
    the management and movement of hazardous substances on the part of
    owners, operators, or persons in charge of onshore facilities,
    offshore facilities, or vessels. The Administrator shall include in
    such study (1) limits of liability, (2) liability for third party
    damages, (3) penalties and fees, (4) spill prevention plans, (5)
    current practices in the insurance and banking industries, and (6)
    whether the penalty enacted in subclause (bb) of clause (iii) of
    subparagraph (B) of subsection (b)(2) of section 311 of Public Law
    92-500 should be enacted.
      (3) The discharge of oil or hazardous substances (i) into or upon
    the navigable waters of the United States, adjoining shorelines, or
    into or upon the waters of the contiguous zone, or (ii) in
    connection with activities under the Outer Continental Shelf Lands
    Act [43 U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33
    U.S.C. 1501 et seq.], or which may affect natural resources
    belonging to, appertaining to, or under the exclusive management
    authority of the United States (including resources under the
    Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C.
    1801 et seq.]), in such quantities as may be harmful as determined
    by the President under paragraph (4) of this subsection, is
    prohibited, except (A) in the case of such discharges into the
    waters of the contiguous zone or which may affect natural resources
    belonging to, appertaining to, or under the exclusive management
    authority of the United States (including resources under the
    Magnuson-Stevens Fishery Conservation and Management Act), where
    permitted under the Protocol of 1978 Relating to the International
    Convention for the Prevention of Pollution from Ships, 1973, and
    (B) where permitted in quantities and at times and locations or
    under such circumstances or conditions as the President may, by
    regulation, determine not to be harmful. Any regulations issued
    under this subsection shall be consistent with maritime safety and
    with marine and navigation laws and regulations and applicable
    water quality standards.
      (4) The President shall by regulation determine for the purposes
    of this section those quantities of oil and any hazardous
    substances the discharge of which may be harmful to the public
    health or welfare or the environment of the United States,
    including but not limited to fish, shellfish, wildlife, and public
    and private property, shorelines, and beaches.
      (5) Any person in charge of a vessel or of an onshore facility or
    an offshore facility shall, as soon as he has knowledge of any
    discharge of oil or a hazardous substance from such vessel or
    facility in violation of paragraph (3) of this subsection,
    immediately notify the appropriate agency of the United States
    Government of such discharge. The Federal agency shall immediately
    notify the appropriate State agency of any State which is, or may
    reasonably be expected to be, affected by the discharge of oil or a
    hazardous substance. Any such person (A) in charge of a vessel from
    which oil or a hazardous substance is discharged in violation of
    paragraph (3)(i) of this subsection, or (B) in charge of a vessel
    from which oil or a hazardous substance is discharged in violation
    of paragraph (3)(ii) of this subsection and who is otherwise
    subject to the jurisdiction of the United States at the time of the
    discharge, or (C) in charge of an onshore facility or an offshore
    facility, who fails to notify immediately such agency of such
    discharge shall, upon conviction, be fined in accordance with title
    18, or imprisoned for not more than 5 years, or both. Notification
    received pursuant to this paragraph shall not be used against any
    such natural person in any criminal case, except a prosecution for
    perjury or for giving a false statement.
      (6) Administrative penalties. - 
        (A) Violations. - Any owner, operator, or person in charge of
      any vessel, onshore facility, or offshore facility - 
          (i) from which oil or a hazardous substance is discharged in
        violation of paragraph (3), or
          (ii) who fails or refuses to comply with any regulation
        issued under subsection (j) of this section to which that
        owner, operator, or person in charge is subject,

      may be assessed a class I or class II civil penalty by the
      Secretary of the department in which the Coast Guard is
      operating, the Secretary of Transportation, or the Administrator.
        (B) Classes of penalties. - 
          (i) Class i. - The amount of a class I civil penalty under
        subparagraph (A) may not exceed $10,000 per violation, except
        that the maximum amount of any class I civil penalty under this
        subparagraph shall not exceed $25,000. Before assessing a civil
        penalty under this clause, the Administrator or Secretary, as
        the case may be, shall give to the person to be assessed such
        penalty written notice of the Administrator's or Secretary's
        proposal to assess the penalty and the opportunity to request,
        within 30 days of the date the notice is received by such
        person, a hearing on the proposed penalty. Such hearing shall
        not be subject to section 554 or 556 of title 5, but shall
        provide a reasonable opportunity to be heard and to present
        evidence.
          (ii) Class ii. - The amount of a class II civil penalty under
        subparagraph (A) may not exceed $10,000 per day for each day
        during which the violation continues; except that the maximum
        amount of any class II civil penalty under this subparagraph
        shall not exceed $125,000. Except as otherwise provided in this
        subsection, a class II civil penalty shall be assessed and
        collected in the same manner, and subject to the same
        provisions, as in the case of civil penalties assessed and
        collected after notice and opportunity for a hearing on the
        record in accordance with section 554 of title 5. The
        Administrator and Secretary may issue rules for discovery
        procedures for hearings under this paragraph.

        (C) Rights of interested persons. - 
          (i) Public notice. - Before issuing an order assessing a
        class II civil penalty under this paragraph the Administrator
        or Secretary, as the case may be, shall provide public notice
        of and reasonable opportunity to comment on the proposed
        issuance of such order.
          (ii) Presentation of evidence. - Any person who comments on a
        proposed assessment of a class II civil penalty under this
        paragraph shall be given notice of any hearing held under this
        paragraph and of the order assessing such penalty. In any
        hearing held under this paragraph, such person shall have a
        reasonable opportunity to be heard and to present evidence.
          (iii) Rights of interested persons to a hearing. - If no
        hearing is held under subparagraph (B) before issuance of an
        order assessing a class II civil penalty under this paragraph,
        any person who commented on the proposed assessment may
        petition, within 30 days after the issuance of such order, the
        Administrator or Secretary, as the case may be, to set aside
        such order and to provide a hearing on the penalty. If the
        evidence presented by the petitioner in support of the petition
        is material and was not considered in the issuance of the
        order, the Administrator or Secretary shall immediately set
        aside such order and provide a hearing in accordance with
        subparagraph (B)(ii). If the Administrator or Secretary denies
        a hearing under this clause, the Administrator or Secretary
        shall provide to the petitioner, and publish in the Federal
        Register, notice of and the reasons for such denial.

        (D) Finality of order. - An order assessing a class II civil
      penalty under this paragraph shall become final 30 days after its
      issuance unless a petition for judicial review is filed under
      subparagraph (G) or a hearing is requested under subparagraph
      (C)(iii). If such a hearing is denied, such order shall become
      final 30 days after such denial.
        (E) Effect of order. - Action taken by the Administrator or
      Secretary, as the case may be, under this paragraph shall not
      affect or limit the Administrator's or Secretary's authority to
      enforce any provision of this chapter; except that any violation -
       
          (i) with respect to which the Administrator or Secretary has
        commenced and is diligently prosecuting an action to assess a
        class II civil penalty under this paragraph, or
          (ii) for which the Administrator or Secretary has issued a
        final order assessing a class II civil penalty not subject to
        further judicial review and the violator has paid a penalty
        assessed under this paragraph,

      shall not be the subject of a civil penalty action under section
      1319(d), 1319(g), or 1365 of this title or under paragraph (7).
        (F) Effect of action on compliance. - No action by the
      Administrator or Secretary under this paragraph shall affect any
      person's obligation to comply with any section of this chapter.
        (G) Judicial review. - Any person against whom a civil penalty
      is assessed under this paragraph or who commented on the proposed
      assessment of such penalty in accordance with subparagraph (C)
      may obtain review of such assessment - 
          (i) in the case of assessment of a class I civil penalty, in
        the United States District Court for the District of Columbia
        or in the district in which the violation is alleged to have
        occurred, or
          (ii) in the case of assessment of a class II civil penalty,
        in United States Court of Appeals for the District of Columbia
        Circuit or for any other circuit in which such person resides
        or transacts business,

      by filing a notice of appeal in such court within the 30-day
      period beginning on the date the civil penalty order is issued
      and by simultaneously sending a copy of such notice by certified
      mail to the Administrator or Secretary, as the case may be, and
      the Attorney General. The Administrator or Secretary shall
      promptly file in such court a certified copy of the record on
      which the order was issued. Such court shall not set aside or
      remand such order unless there is not substantial evidence in the
      record, taken as a whole, to support the finding of a violation
      or unless the Administrator's or Secretary's assessment of the
      penalty constitutes an abuse of discretion and shall not impose
      additional civil penalties for the same violation unless the
      Administrator's or Secretary's assessment of the penalty
      constitutes an abuse of discretion.
        (H) Collection. - If any person fails to pay an assessment of a
      civil penalty - 
          (i) after the assessment has become final, or
          (ii) after a court in an action brought under subparagraph
        (G) has entered a final judgment in favor of the Administrator
        or Secretary, as the case may be,

      the Administrator or Secretary shall request the Attorney General
      to bring a civil action in an appropriate district court to
      recover the amount assessed (plus interest at currently
      prevailing rates from the date of the final order or the date of
      the final judgment, as the case may be). In such an action, the
      validity, amount, and appropriateness of such penalty shall not
      be subject to review. Any person who fails to pay on a timely
      basis the amount of an assessment of a civil penalty as described
      in the first sentence of this subparagraph shall be required to
      pay, in addition to such amount and interest, attorneys fees and
      costs for collection proceedings and a quarterly nonpayment
      penalty for each quarter during which such failure to pay
      persists. Such nonpayment penalty shall be in an amount equal to
      20 percent of the aggregate amount of such person's penalties and
      nonpayment penalties which are unpaid as of the beginning of such
      quarter.
        (I) Subpoenas. - The Administrator or Secretary, as the case
      may be, may issue subpoenas for the attendance and testimony of
      witnesses and the production of relevant papers, books, or
      documents in connection with hearings under this paragraph. In
      case of contumacy or refusal to obey a subpoena issued pursuant
      to this subparagraph and served upon any person, the district
      court of the United States for any district in which such person
      is found, resides, or transacts business, upon application by the
      United States and after notice to such person, shall have
      jurisdiction to issue an order requiring such person to appear
      and give testimony before the administrative law judge or to
      appear and produce documents before the administrative law judge,
      or both, and any failure to obey such order of the court may be
      punished by such court as a contempt thereof.

      (7) Civil penalty action. - 
        (A) Discharge, generally. - Any person who is the owner,
      operator, or person in charge of any vessel, onshore facility, or
      offshore facility from which oil or a hazardous substance is
      discharged in violation of paragraph (3), shall be subject to a
      civil penalty in an amount up to $25,000 per day of violation or
      an amount up to $1,000 per barrel of oil or unit of reportable
      quantity of hazardous substances discharged.
        (B) Failure to remove or comply. - Any person described in
      subparagraph (A) who, without sufficient cause - 
          (i) fails to properly carry out removal of the discharge
        under an order of the President pursuant to subsection (c) of
        this section; or
          (ii) fails to comply with an order pursuant to subsection
        (e)(1)(B) of this section;

      shall be subject to a civil penalty in an amount up to $25,000
      per day of violation or an amount up to 3 times the costs
      incurred by the Oil Spill Liability Trust Fund as a result of
      such failure.
        (C) Failure to comply with regulation. - Any person who fails
      or refuses to comply with any regulation issued under subsection
      (j) of this section shall be subject to a civil penalty in an
      amount up to $25,000 per day of violation.
        (D) Gross negligence. - In any case in which a violation of
      paragraph (3) was the result of gross negligence or willful
      misconduct of a person described in subparagraph (A), the person
      shall be subject to a civil penalty of not less than $100,000,
      and not more than $3,000 per barrel of oil or unit of reportable
      quantity of hazardous substance discharged.
        (E) Jurisdiction. - An action to impose a civil penalty under
      this paragraph may be brought in the district court of the United
      States for the district in which the defendant is located,
      resides, or is doing business, and such court shall have
      jurisdiction to assess such penalty.
        (F) Limitation. - A person is not liable for a civil penalty
      under this paragraph for a discharge if the person has been
      assessed a civil penalty under paragraph (6) for the discharge.

      (8) Determination of amount. - In determining the amount of a
    civil penalty under paragraphs (6) and (7), the Administrator,
    Secretary, or the court, as the case may be, shall consider the
    seriousness of the violation or violations, the economic benefit to
    the violator, if any, resulting from the violation, the degree of
    culpability involved, any other penalty for the same incident, any
    history of prior violations, the nature, extent, and degree of
    success of any efforts of the violator to minimize or mitigate the
    effects of the discharge, the economic impact of the penalty on the
    violator, and any other matters as justice may require.
      (9) Mitigation of damage. - In addition to establishing a penalty
    for the discharge of oil or a hazardous substance, the
    Administrator or the Secretary of the department in which the Coast
    Guard is operating may act to mitigate the damage to the public
    health or welfare caused by such discharge. The cost of such
    mitigation shall be deemed a cost incurred under subsection (c) of
    this section for the removal of such substance by the United States
    Government.
      (10) Recovery of removal costs. - Any costs of removal incurred
    in connection with a discharge excluded by subsection (a)(2)(C) of
    this section shall be recoverable from the owner or operator of the
    source of the discharge in an action brought under section 1319(b)
    of this title.
      (11) Limitation. - Civil penalties shall not be assessed under
    both this section and section 1319 of this title for the same
    discharge.
      (12) Withholding clearance. - If any owner, operator, or person
    in charge of a vessel is liable for a civil penalty under this
    subsection, or if reasonable cause exists to believe that the
    owner, operator, or person in charge may be subject to a civil
    penalty under this subsection, the Secretary of the Treasury, upon
    the request of the Secretary of the department in which the Coast
    Guard is operating or the Administrator, shall with respect to such
    vessel refuse or revoke - 
        (A) the clearance required by section 60105 of title 46;
        (B) a permit to proceed under section 4367 of the Revised
      Statutes of the United States (46 U.S.C. App. 313); (!2) and

        (C) a permit to depart required under section 1443 (!2) of
      title 19;

    as applicable. Clearance or a permit refused or revoked under this
    paragraph may be granted upon the filing of a bond or other surety
    satisfactory to the Secretary of the department in which the Coast
    Guard is operating or the Administrator.
    (c) Federal removal authority
      (1) General removal requirement
        (A) The President shall, in accordance with the National
      Contingency Plan and any appropriate Area Contingency Plan,
      ensure effective and immediate removal of a discharge, and
      mitigation or prevention of a substantial threat of a discharge,
      of oil or a hazardous substance - 
          (i) into or on the navigable waters;
          (ii) on the adjoining shorelines to the navigable waters;
          (iii) into or on the waters of the exclusive economic zone;
        or
          (iv) that may affect natural resources belonging to,
        appertaining to, or under the exclusive management authority of
        the United States.

        (B) In carrying out this paragraph, the President may - 
          (i) remove or arrange for the removal of a discharge, and
        mitigate or prevent a substantial threat of a discharge, at any
        time;
          (ii) direct or monitor all Federal, State, and private
        actions to remove a discharge; and
          (iii) remove and, if necessary, destroy a vessel discharging,
        or threatening to discharge, by whatever means are available.
      (2) Discharge posing substantial threat to public health or
        welfare
        (A) If a discharge, or a substantial threat of a discharge, of
      oil or a hazardous substance from a vessel, offshore facility, or
      onshore facility is of such a size or character as to be a
      substantial threat to the public health or welfare of the United
      States (including but not limited to fish, shellfish, wildlife,
      other natural resources, and the public and private beaches and
      shorelines of the United States), the President shall direct all
      Federal, State, and private actions to remove the discharge or to
      mitigate or prevent the threat of the discharge.
        (B) In carrying out this paragraph, the President may, without
      regard to any other provision of law governing contracting
      procedures or employment of personnel by the Federal Government -
      
          (i) remove or arrange for the removal of the discharge, or
        mitigate or prevent the substantial threat of the discharge;
        and
          (ii) remove and, if necessary, destroy a vessel discharging,
        or threatening to discharge, by whatever means are available.
      (3) Actions in accordance with National Contingency Plan
        (A) Each Federal agency, State, owner or operator, or other
      person participating in efforts under this subsection shall act
      in accordance with the National Contingency Plan or as directed
      by the President.
        (B) An owner or operator participating in efforts under this
      subsection shall act in accordance with the National Contingency
      Plan and the applicable response plan required under subsection
      (j) of this section, or as directed by the President, except that
      the owner or operator may deviate from the applicable response
      plan if the President or the Federal On-Scene Coordinator
      determines that deviation from the response plan would provide
      for a more expeditious or effective response to the spill or
      mitigation of its environmental effects.
      (4) Exemption from liability
        (A) A person is not liable for removal costs or damages which
      result from actions taken or omitted to be taken in the course of
      rendering care, assistance, or advice consistent with the
      National Contingency Plan or as otherwise directed by the
      President relating to a discharge or a substantial threat of a
      discharge of oil or a hazardous substance.
        (B) Subparagraph (A) does not apply - 
          (i) to a responsible party;
          (ii) to a response under the Comprehensive Environmental
        Response, Compensation, and Liability Act of 1980 (42 U.S.C.
        9601 et seq.);
          (iii) with respect to personal injury or wrongful death; or
          (iv) if the person is grossly negligent or engages in willful
        misconduct.

        (C) A responsible party is liable for any removal costs and
      damages that another person is relieved of under subparagraph
      (A).
      (5) Obligation and liability of owner or operator not affected
        Nothing in this subsection affects - 
          (A) the obligation of an owner or operator to respond
        immediately to a discharge, or the threat of a discharge, of
        oil; or
          (B) the liability of a responsible party under the Oil
        Pollution Act of 1990 [33 U.S.C. 2701 et seq.].
      (6) "Responsible party" defined
        For purposes of this subsection, the term "responsible party"
      has the meaning given that term under section 1001 of the Oil
      Pollution Act of 1990 [33 U.S.C. 2701].
    (d) National Contingency Plan
      (1) Preparation by President
        The President shall prepare and publish a National Contingency
      Plan for removal of oil and hazardous substances pursuant to this
      section.
      (2) Contents
        The National Contingency Plan shall provide for efficient,
      coordinated, and effective action to minimize damage from oil and
      hazardous substance discharges, including containment, dispersal,
      and removal of oil and hazardous substances, and shall include,
      but not be limited to, the following:
          (A) Assignment of duties and responsibilities among Federal
        departments and agencies in coordination with State and local
        agencies and port authorities including, but not limited to,
        water pollution control and conservation and trusteeship of
        natural resources (including conservation of fish and
        wildlife).
          (B) Identification, procurement, maintenance, and storage of
        equipment and supplies.
          (C) Establishment or designation of Coast Guard strike teams,
        consisting of - 
            (i) personnel who shall be trained, prepared, and available
          to provide necessary services to carry out the National
          Contingency Plan;
            (ii) adequate oil and hazardous substance pollution control
          equipment and material; and
            (iii) a detailed oil and hazardous substance pollution and
          prevention plan, including measures to protect fisheries and
          wildlife.

          (D) A system of surveillance and notice designed to safeguard
        against as well as ensure earliest possible notice of
        discharges of oil and hazardous substances and imminent threats
        of such discharges to the appropriate State and Federal
        agencies.
          (E) Establishment of a national center to provide
        coordination and direction for operations in carrying out the
        Plan.
          (F) Procedures and techniques to be employed in identifying,
        containing, dispersing, and removing oil and hazardous
        substances.
          (G) A schedule, prepared in cooperation with the States,
        identifying - 
            (i) dispersants, other chemicals, and other spill
          mitigating devices and substances, if any, that may be used
          in carrying out the Plan,
            (ii) the waters in which such dispersants, other chemicals,
          and other spill mitigating devices and substances may be
          used, and
            (iii) the quantities of such dispersant, other chemicals,
          or other spill mitigating device or substance which can be
          used safely in such waters,

        which schedule shall provide in the case of any dispersant,
        chemical, spill mitigating device or substance, or waters not
        specifically identified in such schedule that the President, or
        his delegate, may, on a case-by-case basis, identify the
        dispersants, other chemicals, and other spill mitigating
        devices and substances which may be used, the waters in which
        they may be used, and the quantities which can be used safely
        in such waters.
          (H) A system whereby the State or States affected by a
        discharge of oil or hazardous substance may act where necessary
        to remove such discharge and such State or States may be
        reimbursed in accordance with the Oil Pollution Act of 1990 [33
        U.S.C. 2701 et seq.], in the case of any discharge of oil from
        a vessel or facility, for the reasonable costs incurred for
        that removal, from the Oil Spill Liability Trust Fund.
          (I) Establishment of criteria and procedures to ensure
        immediate and effective Federal identification of, and response
        to, a discharge, or the threat of a discharge, that results in
        a substantial threat to the public health or welfare of the
        United States, as required under subsection (c)(2) of this
        section.
          (J) Establishment of procedures and standards for removing a
        worst case discharge of oil, and for mitigating or preventing a
        substantial threat of such a discharge.
          (K) Designation of the Federal official who shall be the
        Federal On-Scene Coordinator for each area for which an Area
        Contingency Plan is required to be prepared under subsection
        (j) of this section.
          (L) Establishment of procedures for the coordination of
        activities of - 
            (i) Coast Guard strike teams established under subparagraph
          (C);
            (ii) Federal On-Scene Coordinators designated under
          subparagraph (K);
            (iii) District Response Groups established under subsection
          (j) of this section; and
            (iv) Area Committees established under subsection (j) of
          this section.

          (M) A fish and wildlife response plan, developed in
        consultation with the United States Fish and Wildlife Service,
        the National Oceanic and Atmospheric Administration, and other
        interested parties (including State fish and wildlife
        conservation officials), for the immediate and effective
        protection, rescue, and rehabilitation of, and the minimization
        of risk of damage to, fish and wildlife resources and their
        habitat that are harmed or that may be jeopardized by a
        discharge.
      (3) Revisions and amendments
        The President may, from time to time, as the President deems
      advisable, revise or otherwise amend the National Contingency
      Plan.
      (4) Actions in accordance with National Contingency Plan
        After publication of the National Contingency Plan, the removal
      of oil and hazardous substances and actions to minimize damage
      from oil and hazardous substance discharges shall, to the
      greatest extent possible, be in accordance with the National
      Contingency Plan.
    (e) Civil enforcement
      (1) Orders protecting public health
        In addition to any action taken by a State or local government,
      when the President determines that there may be an imminent and
      substantial threat to the public health or welfare of the United
      States, including fish, shellfish, and wildlife, public and
      private property, shorelines, beaches, habitat, and other living
      and nonliving natural resources under the jurisdiction or control
      of the United States, because of an actual or threatened
      discharge of oil or a hazardous substance from a vessel or
      facility in violation of subsection (b) of this section, the
      President may - 
          (A) require the Attorney General to secure any relief from
        any person, including the owner or operator of the vessel or
        facility, as may be necessary to abate such endangerment; or
          (B) after notice to the affected State, take any other action
        under this section, including issuing administrative orders,
        that may be necessary to protect the public health and welfare.
      (2) Jurisdiction of district courts
        The district courts of the United States shall have
      jurisdiction to grant any relief under this subsection that the
      public interest and the equities of the case may require.
    (f) Liability for actual costs of removal
      (1) Except where an owner or operator can prove that a discharge
    was caused solely by (A) an act of God, (B) an act of war, (C)
    negligence on the part of the United States Government, or (D) an
    act or omission of a third party without regard to whether any such
    act or omission was or was not negligent, or any combination of the
    foregoing clauses, such owner or operator of any vessel from which
    oil or a hazardous substance is discharged in violation of
    subsection (b)(3) of this section shall, notwithstanding any other
    provision of law, be liable to the United States Government for the
    actual costs incurred under subsection (c) of this section for the
    removal of such oil or substance by the United States Government in
    an amount not to exceed, in the case of an inland oil barge $125
    per gross ton of such barge, or $125,000, whichever is greater, and
    in the case of any other vessel, $150 per gross ton of such vessel
    (or, for a vessel carrying oil or hazardous substances as cargo,
    $250,000), whichever is greater, except that where the United
    States can show that such discharge was the result of willful
    negligence or willful misconduct within the privity and knowledge
    of the owner, such owner or operator shall be liable to the United
    States Government for the full amount of such costs. Such costs
    shall constitute a maritime lien on such vessel which may be
    recovered in an action in rem in the district court of the United
    States for any district within which any vessel may be found. The
    United States may also bring an action against the owner or
    operator of such vessel in any court of competent jurisdiction to
    recover such costs.
      (2) Except where an owner or operator of an onshore facility can
    prove that a discharge was caused solely by (A) an act of God, (B)
    an act of war, (C) negligence on the part of the United States
    Government, or (D) an act or omission of a third party without
    regard to whether any such act or omission was or was not
    negligent, or any combination of the foregoing clauses, such owner
    or operator of any such facility from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section shall be liable to the United States Government for the
    actual costs incurred under subsection (c) of this section for the
    removal of such oil or substance by the United States Government in
    an amount not to exceed $50,000,000, except that where the United
    States can show that such discharge was the result of willful
    negligence or willful misconduct within the privity and knowledge
    of the owner, such owner or operator shall be liable to the United
    States Government for the full amount of such costs. The United
    States may bring an action against the owner or operator of such
    facility in any court of competent jurisdiction to recover such
    costs. The Administrator is authorized, by regulation, after
    consultation with the Secretary of Commerce and the Small Business
    Administration, to establish reasonable and equitable
    classifications of those onshore facilities having a total fixed
    storage capacity of 1,000 barrels or less which he determines
    because of size, type, and location do not present a substantial
    risk of the discharge of oil or a hazardous substance in violation
    of subsection (b)(3) of this section, and apply with respect to
    such classifications differing limits of liability which may be
    less than the amount contained in this paragraph.
      (3) Except where an owner or operator of an offshore facility can
    prove that a discharge was caused solely by (A) an act of God, (B)
    an act of war, (C) negligence on the part of the United States
    Government, or (D) an act or omission of a third party without
    regard to whether any such act or omission was or was not
    negligent, or any combination of the foregoing clauses, such owner
    or operator of any such facility from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section shall, notwithstanding any other provision of law, be
    liable to the United States Government for the actual costs
    incurred under subsection (c) of this section for the removal of
    such oil or substance by the United States Government in an amount
    not to exceed $50,000,000, except that where the United States can
    show that such discharge was the result of willful negligence or
    willful misconduct within the privity and knowledge of the owner,
    such owner or operator shall be liable to the United States
    Government for the full amount of such costs. The United States may
    bring an action against the owner or operator of such a facility in
    any court of competent jurisdiction to recover such costs.
      (4) The costs of removal of oil or a hazardous substance for
    which the owner or operator of a vessel or onshore or offshore
    facility is liable under subsection (f) of this section shall
    include any costs or expenses incurred by the Federal Government or
    any State government in the restoration or replacement of natural
    resources damaged or destroyed as a result of a discharge of oil or
    a hazardous substance in violation of subsection (b) of this
    section.
      (5) The President, or the authorized representative of any State,
    shall act on behalf of the public as trustee of the natural
    resources to recover for the costs of replacing or restoring such
    resources. Sums recovered shall be used to restore, rehabilitate,
    or acquire the equivalent of such natural resources by the
    appropriate agencies of the Federal Government, or the State
    government.
    (g) Third party liability
      Where the owner or operator of a vessel (other than an inland oil
    barge) carrying oil or hazardous substances as cargo or an onshore
    or offshore facility which handles or stores oil or hazardous
    substances in bulk, from which oil or a hazardous substance is
    discharged in violation of subsection (b) of this section, alleges
    that such discharge was caused solely by an act or omission of a
    third party, such owner or operator shall pay to the United States
    Government the actual costs incurred under subsection (c) of this
    section for removal of such oil or substance and shall be entitled
    by subrogation to all rights of the United States Government to
    recover such costs from such third party under this subsection. In
    any case where an owner or operator of a vessel, of an onshore
    facility, or of an offshore facility, from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section, proves that such discharge of oil or hazardous substance
    was caused solely by an act or omission of a third party, or was
    caused solely by such an act or omission in combination with an act
    of God, an act of war, or negligence on the part of the United
    States Government, such third party shall, notwithstanding any
    other provision of law, be liable to the United States Government
    for the actual costs incurred under subsection (c) of this section
    for removal of such oil or substance by the United States
    Government, except where such third party can prove that such
    discharge was caused solely by (A) an act of God, (B) an act of
    war, (C) negligence on the part of the United States Government, or
    (D) an act or omission of another party without regard to whether
    such act or omission was or was not negligent, or any combination
    of the foregoing clauses. If such third party was the owner or
    operator of a vessel which caused the discharge of oil or a
    hazardous substance in violation of subsection (b)(3) of this
    section, the liability of such third party under this subsection
    shall not exceed, in the case of an inland oil barge $125 per gross
    ton of such barge, or $125,000, whichever is greater, and in the
    case of any other vessel, $150 per gross ton of such vessel (or,
    for a vessel carrying oil or hazardous substances as cargo,
    $250,000), whichever is greater. In any other case the liability of
    such third party shall not exceed the limitation which would have
    been applicable to the owner or operator of the vessel or the
    onshore or offshore facility from which the discharge actually
    occurred if such owner or operator were liable. If the United
    States can show that the discharge of oil or a hazardous substance
    in violation of subsection (b)(3) of this section was the result of
    willful negligence or willful misconduct within the privity and
    knowledge of such third party, such third party shall be liable to
    the United States Government for the full amount of such removal
    costs. The United States may bring an action against the third
    party in any court of competent jurisdiction to recover such
    removal costs.
    (h) Rights against third parties who caused or contributed to
      discharge
      The liabilities established by this section shall in no way
    affect any rights which (1) the owner or operator of a vessel or of
    an onshore facility or an offshore facility may have against any
    third party whose acts may in any way have caused or contributed to
    such discharge, or (2) the United States Government may have
    against any third party whose actions may in any way have caused or
    contributed to the discharge of oil or hazardous substance.
    (i) Recovery of removal costs
      In any case where an owner or operator of a vessel or an onshore
    facility or an offshore facility from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section acts to remove such oil or substance in accordance with
    regulations promulgated pursuant to this section, such owner or
    operator shall be entitled to recover the reasonable costs incurred
    in such removal upon establishing, in a suit which may be brought
    against the United States Government in the United States Court of
    Federal Claims, that such discharge was caused solely by (A) an act
    of God, (B) an act of war, (C) negligence on the part of the United
    States Government, or (D) an act or omission of a third party
    without regard to whether such act or omission was or was not
    negligent, or of any combination of the foregoing causes.
    (j) National Response System
      (1) In general
        Consistent with the National Contingency Plan required by
      subsection (c)(2) of this section, as soon as practicable after
      October 18, 1972, and from time to time thereafter, the President
      shall issue regulations consistent with maritime safety and with
      marine and navigation laws (A) establishing methods and
      procedures for removal of discharged oil and hazardous
      substances, (B) establishing criteria for the development and
      implementation of local and regional oil and hazardous substance
      removal contingency plans, (C) establishing procedures, methods,
      and equipment and other requirements for equipment to prevent
      discharges of oil and hazardous substances from vessels and from
      onshore facilities and offshore facilities, and to contain such
      discharges, and (D) governing the inspection of vessels carrying
      cargoes of oil and hazardous substances and the inspection of
      such cargoes in order to reduce the likelihood of discharges of
      oil from vessels in violation of this section.
      (2) National Response Unit
        The Secretary of the department in which the Coast Guard is
      operating shall establish a National Response Unit at Elizabeth
      City, North Carolina. The Secretary, acting through the National
      Response Unit - 
          (A) shall compile and maintain a comprehensive computer list
        of spill removal resources, personnel, and equipment that is
        available worldwide and within the areas designated by the
        President pursuant to paragraph (4), and of information
        regarding previous spills, including data from universities,
        research institutions, State governments, and other nations, as
        appropriate, which shall be disseminated as appropriate to
        response groups and area committees, and which shall be
        available to Federal and State agencies and the public;
          (B) shall provide technical assistance, equipment, and other
        resources requested by a Federal On-Scene Coordinator;
          (C) shall coordinate use of private and public personnel and
        equipment to remove a worst case discharge, and to mitigate or
        prevent a substantial threat of such a discharge, from a
        vessel, offshore facility, or onshore facility operating in or
        near an area designated by the President pursuant to paragraph
        (4);
          (D) may provide technical assistance in the preparation of
        Area Contingency Plans required under paragraph (4);
          (E) shall administer Coast Guard strike teams established
        under the National Contingency Plan;
          (F) shall maintain on file all Area Contingency Plans
        approved by the President under this subsection; and
          (G) shall review each of those plans that affects its
        responsibilities under this subsection.
      (3) Coast Guard District Response Groups
        (A) The Secretary of the department in which the Coast Guard is
      operating shall establish in each Coast Guard district a Coast
      Guard District Response Group.
        (B) Each Coast Guard District Response Group shall consist of -
      
          (i) the Coast Guard personnel and equipment, including
        firefighting equipment, of each port within the district;
          (ii) additional prepositioned equipment; and
          (iii) a district response advisory staff.

        (C) Coast Guard district response groups - 
          (i) shall provide technical assistance, equipment, and other
        resources when required by a Federal On-Scene Coordinator;
          (ii) shall maintain all Coast Guard response equipment within
        its district;
          (iii) may provide technical assistance in the preparation of
        Area Contingency Plans required under paragraph (4); and
          (iv) shall review each of those plans that affect its area of
        geographic responsibility.
      (4) Area Committees and Area Contingency Plans
        (A) There is established for each area designated by the
      President an Area Committee comprised of members appointed by the
      President from qualified personnel of Federal, State, and local
      agencies.
        (B) Each Area Committee, under the direction of the Federal On-
      Scene Coordinator for its area, shall - 
          (i) prepare for its area the Area Contingency Plan required
        under subparagraph (C);
          (ii) work with State and local officials to enhance the
        contingency planning of those officials and to assure
        preplanning of joint response efforts, including appropriate
        procedures for mechanical recovery, dispersal, shoreline
        cleanup, protection of sensitive environmental areas, and
        protection, rescue, and rehabilitation of fisheries and
        wildlife; and
          (iii) work with State and local officials to expedite
        decisions for the use of dispersants and other mitigating
        substances and devices.

        (C) Each Area Committee shall prepare and submit to the
      President for approval an Area Contingency Plan for its area. The
      Area Contingency Plan shall - 
          (i) when implemented in conjunction with the National
        Contingency Plan, be adequate to remove a worst case discharge,
        and to mitigate or prevent a substantial threat of such a
        discharge, from a vessel, offshore facility, or onshore
        facility operating in or near the area;
          (ii) describe the area covered by the plan, including the
        areas of special economic or environmental importance that
        might be damaged by a discharge;
          (iii) describe in detail the responsibilities of an owner or
        operator and of Federal, State, and local agencies in removing
        a discharge, and in mitigating or preventing a substantial
        threat of a discharge;
          (iv) list the equipment (including firefighting equipment),
        dispersants or other mitigating substances and devices, and
        personnel available to an owner or operator and Federal, State,
        and local agencies, to ensure an effective and immediate
        removal of a discharge, and to ensure mitigation or prevention
        of a substantial threat of a discharge;
          (v) compile a list of local scientists, both inside and
        outside Federal Government service, with expertise in the
        environmental effects of spills of the types of oil typically
        transported in the area, who may be contacted to provide
        information or, where appropriate, participate in meetings of
        the scientific support team convened in response to a spill,
        and describe the procedures to be followed for obtaining an
        expedited decision regarding the use of dispersants;
          (vi) describe in detail how the plan is integrated into other
        Area Contingency Plans and vessel, offshore facility, and
        onshore facility response plans approved under this subsection,
        and into operating procedures of the National Response Unit;
          (vii) include any other information the President requires;
        and
          (viii) be updated periodically by the Area Committee.

        (D) The President shall - 
          (i) review and approve Area Contingency Plans under this
        paragraph; and
          (ii) periodically review Area Contingency Plans so approved.
      (5) Tank vessel, nontank vessel, and facility response plans
        (A)(i) The President shall issue regulations which require an
      owner or operator of a tank vessel or facility described in
      subparagraph (C) to prepare and submit to the President a plan
      for responding, to the maximum extent practicable, to a worst
      case discharge, and to a substantial threat of such a discharge,
      of oil or a hazardous substance.
        (ii) The President shall also issue regulations which require
      an owner or operator of a nontank vessel to prepare and submit to
      the President a plan for responding, to the maximum extent
      practicable, to a worst case discharge, and to a substantial
      threat of such a discharge, of oil.
        (B) The Secretary of the Department in which the Coast Guard is
      operating may issue regulations which require an owner or
      operator of a tank vessel, a nontank vessel, or a facility
      described in subparagraph (C) that transfers noxious liquid
      substances in bulk to or from a vessel to prepare and submit to
      the Secretary a plan for responding, to the maximum extent
      practicable, to a worst case discharge, and to a substantial
      threat of such a discharge, of a noxious liquid substance that is
      not designated as a hazardous substance or regulated as oil in
      any other law or regulation. For purposes of this paragraph, the
      term "noxious liquid substance" has the same meaning when that
      term is used in the MARPOL Protocol described in section
      1901(a)(3) (!2) of this title.
        (C) The tank vessels, nontank vessels, and facilities referred
      to in subparagraphs (A) and (B) are the following:
          (i) A tank vessel, as defined under section 2101 of title 46.
          (ii) A nontank vessel.
          (iii) An offshore facility.
          (iv) An onshore facility that, because of its location, could
        reasonably be expected to cause substantial harm to the
        environment by discharging into or on the navigable waters,
        adjoining shorelines, or the exclusive economic zone.

        (D) A response plan required under this paragraph shall - 
          (i) be consistent with the requirements of the National
        Contingency Plan and Area Contingency Plans;
          (ii) identify the qualified individual having full authority
        to implement removal actions, and require immediate
        communications between that individual and the appropriate
        Federal official and the persons providing personnel and
        equipment pursuant to clause (iii);
          (iii) identify, and ensure by contract or other means
        approved by the President the availability of, private
        personnel and equipment necessary to remove to the maximum
        extent practicable a worst case discharge (including a
        discharge resulting from fire or explosion), and to mitigate or
        prevent a substantial threat of such a discharge;
          (iv) describe the training, equipment testing, periodic
        unannounced drills, and response actions of persons on the
        vessel or at the facility, to be carried out under the plan to
        ensure the safety of the vessel or facility and to mitigate or
        prevent the discharge, or the substantial threat of a
        discharge;
          (v) be updated periodically; and
          (vi) be resubmitted for approval of each significant change.

        (E) With respect to any response plan submitted under this
      paragraph for an onshore facility that, because of its location,
      could reasonably be expected to cause significant and substantial
      harm to the environment by discharging into or on the navigable
      waters or adjoining shorelines or the exclusive economic zone,
      and with respect to each response plan submitted under this
      paragraph for a tank vessel, nontank vessel, or offshore
      facility, the President shall - 
          (i) promptly review such response plan;
          (ii) require amendments to any plan that does not meet the
        requirements of this paragraph;
          (iii) approve any plan that meets the requirements of this
        paragraph;
          (iv) review each plan periodically thereafter; and
          (v) in the case of a plan for a nontank vessel, consider any
        applicable State-mandated response plan in effect on August 9,
        2004, and ensure consistency to the extent practicable.

        (F) A tank vessel, nontank vessel, offshore facility, or
      onshore facility required to prepare a response plan under this
      subsection may not handle, store, or transport oil unless - 
          (i) in the case of a tank vessel, nontank vessel, offshore
        facility, or onshore facility for which a response plan is
        reviewed by the President under subparagraph (E), the plan has
        been approved by the President; and
          (ii) the vessel or facility is operating in compliance with
        the plan.

        (G) Notwithstanding subparagraph (E), the President may
      authorize a tank vessel, nontank vessel, offshore facility, or
      onshore facility to operate without a response plan approved
      under this paragraph, until not later than 2 years after the date
      of the submission to the President of a plan for the tank vessel,
      nontank vessel, or facility, if the owner or operator certifies
      that the owner or operator has ensured by contract or other means
      approved by the President the availability of private personnel
      and equipment necessary to respond, to the maximum extent
      practicable, to a worst case discharge or a substantial threat of
      such a discharge.
        (H) The owner or operator of a tank vessel, nontank vessel,
      offshore facility, or onshore facility may not claim as a defense
      to liability under title I of the Oil Pollution Act of 1990 [33
      U.S.C. 2701 et seq.] that the owner or operator was acting in
      accordance with an approved response plan.
        (I) The Secretary shall maintain, in the Vessel Identification
      System established under chapter 125 of title 46, the dates of
      approval and review of a response plan under this paragraph for
      each tank vessel and nontank vessel that is a vessel of the
      United States.
      (6) Equipment requirements and inspection
        The President may require - 
          (A) periodic inspection of containment booms, skimmers,
        vessels, and other major equipment used to remove discharges;
        and
          (B) vessels operating on navigable waters and carrying oil or
        a hazardous substance in bulk as cargo, and nontank vessels
        carrying oil of any kind as fuel for main propulsion, to carry
        appropriate removal equipment that employs the best technology
        economically feasible and that is compatible with the safe
        operation of the vessel.
      (7) Area drills
        The President shall periodically conduct drills of removal
      capability, without prior notice, in areas for which Area
      Contingency Plans are required under this subsection and under
      relevant tank vessel, nontank vessel, and facility response
      plans. The drills may include participation by Federal, State,
      and local agencies, the owners and operators of vessels and
      facilities in the area, and private industry. The President may
      publish annual reports on these drills, including assessments of
      the effectiveness of the plans and a list of amendments made to
      improve plans.
      (8) United States Government not liable
        The United States Government is not liable for any damages
      arising from its actions or omissions relating to any response
      plan required by this section.
    (k) Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(2), Aug. 18,
      1990, 104 Stat. 507
    (l) Administration
      The President is authorized to delegate the administration of
    this section to the heads of those Federal departments, agencies,
    and instrumentalities which he determines to be appropriate. Each
    such department, agency, and instrumentality, in order to avoid
    duplication of effort, shall, whenever appropriate, utilize the
    personnel, services, and facilities of other Federal departments,
    agencies, and instrumentalities.
    (m) Administrative provisions
      (1) For vessels
        Anyone authorized by the President to enforce the provisions of
      this section with respect to any vessel may, except as to public
      vessels - 
          (A) board and inspect any vessel upon the navigable waters of
        the United States or the waters of the contiguous zone,
          (B) with or without a warrant, arrest any person who in the
        presence or view of the authorized person violates the
        provisions of this section or any regulation issued thereunder,
        and
          (C) execute any warrant or other process issued by an officer
        or court of competent jurisdiction.
      (2) For facilities
        (A) Recordkeeping
          Whenever required to carry out the purposes of this section,
        the Administrator, the Secretary of Transportation, or the
        Secretary of the Department in which the Coast Guard is
        operating shall require the owner or operator of a facility to
        which this section applies to establish and maintain such
        records, make such reports, install, use, and maintain such
        monitoring equipment and methods, and provide such other
        information as the Administrator or Secretary, as the case may
        be, may require to carry out the objectives of this section.
        (B) Entry and inspection
          Whenever required to carry out the purposes of this section,
        the Administrator, the Secretary of Transportation, or the
        Secretary of the Department in which the Coast Guard is
        operating or an authorized representative of the Administrator
        or Secretary, upon presentation of appropriate credentials, may
        - 
            (i) enter and inspect any facility to which this section
          applies, including any facility at which any records are
          required to be maintained under subparagraph (A); and
            (ii) at reasonable times, have access to and copy any
          records, take samples, and inspect any monitoring equipment
          or methods required under subparagraph (A).
        (C) Arrests and execution of warrants
          Anyone authorized by the Administrator or the Secretary of
        the department in which the Coast Guard is operating to enforce
        the provisions of this section with respect to any facility may
        - 
            (i) with or without a warrant, arrest any person who
          violates the provisions of this section or any regulation
          issued thereunder in the presence or view of the person so
          authorized; and
            (ii) execute any warrant or process issued by an officer or
          court of competent jurisdiction.
        (D) Public access
          Any records, reports, or information obtained under this
        paragraph shall be subject to the same public access and
        disclosure requirements which are applicable to records,
        reports, and information obtained pursuant to section 1318 of
        this title.
    (n) Jurisdiction
      The several district courts of the United States are invested
    with jurisdiction for any actions, other than actions pursuant to
    subsection (i)(1) of this section, arising under this section. In
    the case of Guam and the Trust Territory of the Pacific Islands,
    such actions may be brought in the district court of Guam, and in
    the case of the Virgin Islands such actions may be brought in the
    district court of the Virgin Islands. In the case of American Samoa
    and the Trust Territory of the Pacific Islands, such actions may be
    brought in the District Court of the United States for the District
    of Hawaii and such court shall have jurisdiction of such actions.
    In the case of the Canal Zone, such actions may be brought in the
    United States District Court for the District of the Canal Zone.
    (o) Obligation for damages unaffected; local authority not
      preempted; existing Federal authority not modified or affected
      (1) Nothing in this section shall affect or modify in any way the
    obligations of any owner or operator of any vessel, or of any owner
    or operator of any onshore facility or offshore facility to any
    person or agency under any provision of law for damages to any
    publicly owned or privately owned property resulting from a
    discharge of any oil or hazardous substance or from the removal of
    any such oil or hazardous substance.
      (2) Nothing in this section shall be construed as preempting any
    State or political subdivision thereof from imposing any
    requirement or liability with respect to the discharge of oil or
    hazardous substance into any waters within such State, or with
    respect to any removal activities related to such discharge.
      (3) Nothing in this section shall be construed as affecting or
    modifying any other existing authority of any Federal department,
    agency, or instrumentality, relative to onshore or offshore
    facilities under this chapter or any other provision of law, or to
    affect any State or local law not in conflict with this section.
    (p) Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(4), Aug. 18,
      1990, 104 Stat. 507
    (q) Establishment of maximum limit of liability with respect to
      onshore or offshore facilities
      The President is authorized to establish, with respect to any
    class or category of onshore or offshore facilities, a maximum
    limit of liability under subsections (f)(2) and (3) of this section
    of less than $50,000,000, but not less than $8,000,000.
    (r) Liability limitations not to limit liability under other
      legislation
      Nothing in this section shall be construed to impose, or
    authorize the imposition of, any limitation on liability under the
    Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the
    Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.].
    (s) Oil Spill Liability Trust Fund
      The Oil Spill Liability Trust Fund established under section 9509
    of title 26 shall be available to carry out subsections (b), (c),
    (d), (j), and (l) of this section as those subsections apply to
    discharges, and substantial threats of discharges, of oil. Any
    amounts received by the United States under this section shall be
    deposited in the Oil Spill Liability Trust Fund.