33 U.S.C. § 2706 : US Code - Section 2706: Natural resources

Search 33 U.S.C. § 2706 : US Code - Section 2706: Natural resources

(a) Liability
In the case of natural resource damages under section
2702(b)(2)(A) of this title, 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 2707 of this title 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) of
this section -
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title 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) of this section -
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title 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) of this
section -
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title 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 trustees designated under subsection (b)(5) of this section
-
(A) shall assess natural resource damages under section
2702(b)(2)(A) of this title 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
2702(b)(2)(A) of this title 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) of this section.
(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 Oceans 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
August 18, 1990, shall promulgate regulations for the assessment
of natural resource damages under section 2702(b)(2)(A) of this
title 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) of this
section 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
2702(b)(2)(A) of this title 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) of this section 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.