Page:United States Statutes at Large Volume 92 Part 1.djvu/726

 92 STAT. 672

33 USC 1321. 33 USC 1474.

PUBLIC LAW 95-372—SEPT. 18, 1978 (19) "owner" means any person holding title to, or in the absence of title, any other indicia of ownership of, a vessel or offshore facility, whether by lease, permit, contract, license, or other form of agreement, or with respect to any offshof^ facility abandoned without prior approval of the Secretary of the Interior, the person who owned such offshore facility immediately prior to such abandonment, except that such term does not include a person who, without participating in the management or operation of a vessel or offshore facility, holds indicia of ownership primarily to protect his security interest in the vessel or offshore facility; (20) "operator" means— (A) in the case of a vessel, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel; or (B) in the case of an offshore facility, any person, except the owner, who is responsible for the operation of such facility by agreement with the owner; (21) "property" means littoral, riparian, or marine property; (22) "removal costs" means^— (A) costs incurred under subsection (c), (d), or (1) of section 311 of the Federal Water Pollution Control Act, and section 5 of the Intervention on the High Seas Act; and (B) cleanup costs, other than the costs described in subparagraph (A); (23) "guarantor" means the person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator; (24) "gross ton" means a unit of 100 cubic feet for the purpose of measuring the total unit capacity of a vessel; and (25) "barrel" means 42 United States gallons at 60 degrees Fahrenheit. F U N D ESTABLISHMENT, ADMINISTRATION, AND

Offshore Oil Pollution eompensation Fund. 43 USC 1812.

FINANCING

SEC. 302. (a) There is hereby established in the Treasury of the United States on Offshore Oil Pollution Compensation Fund in an amount not to exceed $200,000,000, except that such limitation shall be increased to the extent necessary to permit any moneys recovered or collected which are referred to in subsection (b)(2) of this section to be paid into the Fund. The Fund shall be administered by the Secretary and the Secretary of the Treasury as specified in this title. The Fund may sue and be sued in its own name. (b) The Fund shall be composed of— (1) all fees collected pursuant to subsection (d) of this section; and (2) all other moneys recovered or collected on behalf of the Fund under section 308 or any other provision of this title. (c) The Fund shall be immediately available for— (1) removal costs described in section 301 (22); (2) the processing and settlement of claims under section 307 of this title (including the costs of assessing injury to, or destruction of, natural resources); and (3) subject to such amounts as are provided in appropriation Acts, all administrative and personnel costs of the Federal Gov-

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