Page:United States Statutes at Large Volume 104 Part 1.djvu/558

 104 STAT. 524 PUBLIC LAW 101-380—AUG. 18, 1990 "(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)» or as directed by the President. "(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, V or advice consistent with the National Contingency Plan or as otherwise directed by the President. "(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.

�