§ 1479. — Federal liability for unreasonable damages.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1479]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 28--POLLUTION CASUALTIES ON THE HIGH SEAS: UNITED STATES
INTERVENTION
Sec. 1479. Federal liability for unreasonable damages
(a) Payment of compensation
The United States shall be obliged to pay compensation to the extent
of the damage caused by measures which exceed those reasonably necessary
to achieve the end mentioned in section 1472 of this title.
(b) Jurisdiction
Actions against the United States seeking compensation for any
excessive measures may be brought in the United States Court of Federal
Claims, in any district court of the United States, and in those courts
enumerated in section 460 of title 28. For purposes of this chapter,
American Samoa shall be included within the judicial district of the
District Court of the United States for the District of Hawaii, and the
Trust Territory of the Pacific Islands shall be included within the
judicial districts of both the District Court of the United States for
the District of Hawaii and the District Court of Guam.
(c) Burden of proof
With respect to intervention for a substance identified pursuant to
section 1473(a) of this title, the United States has the burden of
establishing that, under the circumstances present at the time of the
intervention, the substance could reasonably pose a grave and imminent
danger analogous to that posed by a substance enumerated in the
protocol.
(Pub. L. 93-248, Sec. 10, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95-302,
Sec. 1(4), June 26, 1978, 92 Stat. 345; Pub. L. 97-164, title I,
Sec. 161(6), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102-572, title IX,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
Amendments
1992--Subsec. (b). Pub. L. 102-572 substituted ``United States Court
of Federal Claims'' for ``United States Claims Court''.
1982--Subsec. (b). Pub. L. 97-164 substituted ``Claims Court'' for
``Court of Claims''.
1978--Subsec. (c). Pub. L. 95-302 added subsec. (c).
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1978 Amendment
For effective date of amendment by Pub. L. 95-302, see section 2 of
Pub. L. 95-302, set out as a note under section 1487 of this title.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Section Referred to in Other Sections
This section is referred to in section 1472 of this title.
