Page:United States Statutes at Large Volume 104 Part 1.djvu/523

 PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 489 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) PiPEUNES. —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 carries, 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. 33 USC 2702. (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 and local State, or an Indian tribe under subsection (c), (d), (e), or (1) of governments. section 311 of the Federal Water Pollution Control Act (33 Indians. 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:

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