Page:United States Statutes at Large Volume 104 Part 1.djvu/524

 104 STAT. 490 PUBLIC LAW 101-380 —AUG. 18, 1990 (A) NATURAL RESOURCES. — Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the regisonable 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 damages to any claimant; and (ii) shall be entitled by subrogation to all rights of the United States Government and the claimant to recover

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