Page:United States Statutes at Large Volume 118.djvu/1099

 118 STAT. 1069 PUBLIC LAW 108–293—AUG. 9, 2004 (1) in subsection (a), by striking ‘‘Not later than 1 year after the date of the enactment of this Act, the Secretary shall’’ and inserting ‘‘The Secretary may’’; and (2) in subsection (b)— (A) by striking ‘‘Not later than 1 year after the date of the enactment of this Act, the Secretary shall’’ and inserting ‘‘No sooner than 1 year after the Secretary pre scribes regulations under subsection (a), the Secretary may’’; and (B) by striking ‘‘the standards’’ and inserting ‘‘any standards’’. (b) STUDY.— (1) STUDY REQUIREMENT.—The Secretary of the department in which the Coast Guard is operating shall conduct a study analyzing the costs and benefits of methods other than those described in subsections (a) and (b) of section 4110 of the Oil Pollution Act of 1990 for effectively detecting the loss of oil from oil cargo tanks. The study may include technologies, monitoring procedures, and other methods. (2) INPUT.—In conducting the study, the Secretary may seek input from Federal agencies, industry, and other entities. (3) REPORT.—The Secretary shall submit a report on the findings and conclusions of the study to the Committee on Commerce, Science, and Transportation of the Senate and Com mittee on Transportation and Infrastructure of the House of Representatives by not later than 180 days after the date of the enactment of this Act. SEC. 703. LIABILITY AND COST RECOVERY. (a) DEFINITION OF OWNER OR OPERATOR.—Section 1001(26) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(26)) is amended to read as follows: ‘‘(26) ‘owner or operator’— ‘‘(A) means— ‘‘(i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; ‘‘(ii) in the case of an onshore or offshore facility, any person owning or operating such facility; ‘‘(iii) in the case of any abandoned offshore facility, the person who owned or operated such facility imme diately prior to such abandonment; ‘‘(iv) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand; ‘‘(v) notwithstanding subparagraph (B)(i), and in the same manner and to the same extent, both proce durally and substantively, as any nongovernmental entity, including for purposes of liability under section 1002, any State or local government that has caused or contributed to a discharge or substantial threat of a discharge of oil from a vessel or facility ownership or control of which was acquired involuntarily through—

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