§ 2701. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2701]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2701. Definitions
For the purposes of this Act, the term--
(1) ``act of God'' means an unanticipated grave natural disaster
or other natural phenomenon of an exceptional, inevitable, and
irresistible character the effects of which could not have been
prevented or avoided by the exercise of due care or foresight;
(2) ``barrel'' means 42 United States gallons at 60 degrees
fahrenheit;
(3) ``claim'' means a request, made in writing for a sum
certain, for compensation for damages or removal costs resulting
from an incident;
(4) ``claimant'' means any person or government who presents a
claim for compensation under this subchapter;
(5) ``damages'' means damages specified in section 2702(b) of
this title, and includes the cost of assessing these damages;
(6) ``deepwater port'' is a facility licensed under the
Deepwater Port Act of 1974 (33 U.S.C. 1501-1524);
(7) ``discharge'' means any emission (other than natural
seepage), intentional or unintentional, and includes, but is not
limited to, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping;
(8) ``exclusive economic zone'' means the zone established by
Presidential Proclamation Numbered 5030, dated March 10, 1983,
including the ocean waters of the areas referred to as ``eastern
special areas'' in Article 3(1) of the Agreement between the United
States of America and the Union of Soviet Socialist Republics on the
Maritime Boundary, signed June 1, 1990;
(9) ``facility'' means any structure, group of structures,
equipment, or device (other than a vessel) which is used for one or
more of the following purposes: exploring for, drilling for,
producing, storing, handling, transferring, processing, or
transporting oil. This term includes any motor vehicle, rolling
stock, or pipeline used for one or more of these purposes;
(10) ``foreign offshore unit'' means a facility which is
located, in whole or in part, in the territorial sea or on the
continental shelf of a foreign country and which is or was used for
one or more of the following purposes: exploring for, drilling for,
producing, storing, handling, transferring, processing, or
transporting oil produced from the seabed beneath the foreign
country's territorial sea or from the foreign country's continental
shelf;
(11) ``Fund'' means the Oil Spill Liability Trust Fund,
established by section 9509 of title 26;
(12) ``gross ton'' has the meaning given that term by the
Secretary under part J of title 46;
(13) ``guarantor'' means any person, other than the responsible
party, who provides evidence of financial responsibility for a
responsible party under this Act;
(14) ``incident'' means any occurrence or series of occurrences
having the same origin, involving one or more vessels, facilities,
or any combination thereof, resulting in the discharge or
substantial threat of discharge of oil;
(15) ``Indian tribe'' means any Indian tribe, band, nation, or
other organized group or community, but not including any Alaska
Native regional or village corporation, which is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians and has
governmental authority over lands belonging to or controlled by the
tribe;
(16) ``lessee'' means a person holding a leasehold interest in
an oil or gas lease on lands beneath navigable waters (as that term
is defined in section 1301(a) of title 43) or on submerged lands of
the Outer Continental Shelf, granted or maintained under applicable
State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.);
(17) ``liable'' or ``liability'' shall be construed to be the
standard of liability which obtains under section 1321 of this
title;
(18) ``mobile offshore drilling unit'' means a vessel (other
than a self-elevating lift vessel) capable of use as an offshore
facility;
(19) ``National Contingency Plan'' means the National
Contingency Plan prepared and published under section 1321(d) of
this title or revised under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C.
9605);
(20) ``natural resources'' includes land, fish, wildlife, biota,
air, water, ground water, drinking water supplies, and other such
resources belonging to, managed by, held in trust by, appertaining
to, or otherwise controlled by the United States (including the
resources of the exclusive economic zone), any State or local
government or Indian tribe, or any foreign government;
(21) ``navigable waters'' means the waters of the United States,
including the territorial sea;
(22) ``offshore facility'' means any facility of any kind
located in, on, or under any of the navigable waters of the United
States, and any facility of any kind which is subject to the
jurisdiction of the United States and is located in, on, or under
any other waters, other than a vessel or a public vessel;
(23) ``oil'' means oil of any kind or in any form, including
petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
other than dredged spoil, but does not include any substance which
is specifically listed or designated as a hazardous substance under
subparagraphs (A) through (F) of section 101(14) of the
Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601) and which is subject to the provisions of that
Act [42 U.S.C. 9601 et seq.];
(24) ``onshore facility'' means any facility (including, but not
limited to, motor vehicles and rolling stock) of any kind located
in, on, or under, any land within the United States other than
submerged land;
(25) the term ``Outer Continental Shelf facility'' means an
offshore facility which is located, in whole or in part, on the
Outer Continental Shelf and is or was used for one or more of the
following purposes: exploring for, drilling for, producing, storing,
handling, transferring, processing, or transporting oil produced
from the Outer Continental Shelf;
(26) ``owner or operator'' means (A) in the case of a vessel,
any person owning, operating, or chartering by demise, the vessel,
and (B) in the case of an onshore facility, and an offshore
facility, any person owning or operating such onshore facility or
offshore facility, and (C) in the case of any abandoned offshore
facility, the person who owned or operated such facility immediately
prior to such abandonment;
(27) ``person'' means an individual, corporation, partnership,
association, State, municipality, commission, or political
subdivision of a State, or any interstate body;
(28) ``permittee'' means a person holding an authorization,
license, or permit for geological exploration issued under section
11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) or
applicable State law;
(29) ``public vessel'' means a vessel owned or bareboat
chartered and operated by the United States, or by a State or
political subdivision thereof, or by a foreign nation, except when
the vessel is engaged in commerce;
(30) ``remove'' or ``removal'' means containment and removal of
oil or a hazardous substance from water and shorelines or the taking
of other actions as may be necessary to minimize or mitigate damage
to the public health or welfare, including, but not limited to,
fish, shellfish, wildlife, and public and private property,
shorelines, and beaches;
(31) ``removal costs'' means the costs of removal that are
incurred after a discharge of oil has occurred or, in any case in
which there is a substantial threat of a discharge of oil, the costs
to prevent, minimize, or mitigate oil pollution from such an
incident;
(32) ``responsible party'' means the following:
(A) Vessels.--In the case of a vessel, any person owning,
operating, or demise chartering the vessel.
(B) Onshore facilities.--In the case of an onshore facility
(other than a pipeline), any person owning or operating the
facility, except a Federal agency, State, municipality,
commission, or political subdivision of a State, or any
interstate body, that as the owner transfers possession and
right to use the property to another person by lease,
assignment, or permit.
(C) Offshore facilities.--In the case of an offshore
facility (other than a pipeline or a deepwater port licensed
under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.)),
the lessee or permittee of the area in which the facility is
located or the holder of a right of use and easement granted
under applicable State law or the Outer Continental Shelf Lands
Act (43 U.S.C. 1301-1356) for the area in which the facility is
located (if the holder is a different person than the lessee or
permittee), except a Federal agency, State, municipality,
commission, or political subdivision of a State, or any
interstate body, that as owner transfers possession and right to
use the property to another person by lease, assignment, or
permit.
(D) Deepwater ports.--In the case of a deepwater port
licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501-
1524), the licensee.
(E) Pipelines.--In the case of a pipeline, any person owning
or operating the pipeline.
(F) Abandonment.--In the case of an abandoned vessel,
onshore facility, deepwater port, pipeline, or offshore
facility, the persons who would have been responsible parties
immediately prior to the abandonment of the vessel or facility.
(33) ``Secretary'' means the Secretary of the department in
which the Coast Guard is operating;
(34) ``tank vessel'' means a vessel that is constructed or
adapted to carry, or that carries, oil or hazardous material in bulk
as cargo or cargo residue, and that--
(A) is a vessel of the United States;
(B) operates on the navigable waters; or
(C) transfers oil or hazardous material in a place subject
to the jurisdiction of the United States;
(35) ``territorial seas'' means the belt of the seas measured
from the line of ordinary low water along that portion of the coast
which is in direct contact with the open sea and the line marking
the seaward limit of inland waters, and extending seaward a distance
of 3 miles;
(36) ``United States'' and ``State'' mean the several States of
the United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Marianas, and any other territory
or possession of the United States; and
(37) ``vessel'' means every description of watercraft or other
artificial contrivance used, or capable of being used, as a means of
transportation on water, other than a public vessel.
(Pub. L. 101-380, title I, Sec. 1001, Aug. 18, 1990, 104 Stat. 486; Pub.
L. 105-383, title III, Sec. 307(a), Nov. 13, 1998, 112 Stat. 3421.)
References in Text
This Act, referred to in text, is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which
is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out below and Tables.
The Deepwater Port Act of 1974, referred to in pars. (6) and
(32)(C), (D), is Pub. L. 93-627, Jan. 3, 1975, 88 Stat. 2126, as
amended, which is classified generally to chapter 29 (Sec. 1501 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 1501 of this title and Tables.
Presidential Proclamation Numbered 5030, referred to in par. (8), is
Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out as a note
under section 1453 of Title 16, Conservation.
The Outer Continental Shelf Lands Act, referred to in pars. (16) and
(32)(C), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which
is classified generally to subchapter III (Sec. 1331 et seq.) of chapter
29 of Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1331 of Title 43
and Tables.
The Comprehensive Environmental Response, Compensation, and
Liability Act, referred to in par. (23), probably means the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is
classified principally to chapter 103 (Sec. 9601 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 9601 of Title 42
and Tables.
Amendments
1998--Par. (23). Pub. L. 105-383 amended par. (23) generally. Prior
to amendment, par. (23) read as follows: `` `oil' means oil of any kind
or in any form, including, but not limited to, petroleum, fuel oil,
sludge, oil refuse, and oil mixed with wastes other than dredged spoil,
but does not include petroleum, including crude oil or any fraction
thereof, which is specifically listed or designated as a hazardous
substance under subparagraphs (A) through (F) of section 101(14) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601) and which is subject to the provisions of that Act;''.
Effective Date
Section 1020 of title I of Pub. L. 101-380 provided that: ``This Act
[see Short Title of 1990 Amendments note below for classification] shall
apply to an incident occurring after the date of the enactment of this
Act [Aug. 18, 1990].''
Short Title of 1995 Amendment
Pub. L. 104-55, Sec. 1, Nov. 20, 1995, 109 Stat. 546, provided that:
``This Act [enacting section 2720 of this title and amending sections
2704 and 2716 of this title] may be cited as the `Edible Oil Regulatory
Reform Act'.''
Short Title of 1990 Amendments
Pub. L. 101-537, title II, Sec. 2001, Nov. 8, 1990, 104 Stat. 2375,
and Pub. L. 101-646, title IV, Sec. 4001, Nov. 29, 1990, 104 Stat. 4788,
as amended by Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.
4091, provided that: ``This title [amending section 2761 of this title]
may be cited as the `Great Lakes Oil Pollution Research and Development
Act'.''
Short Title
Section 1 of Pub. L. 101-380 provided that: ``This Act [enacting
this chapter, sections 1642 and 1656 of Title 43, Public Lands, sections
3703a and 7505 of Title 46, Shipping, and section 1274a of the Appendix
to Title 46, amending sections 1223, 1228, 1232, 1236, 1319, 1321, 1481,
1486, 1503, 1514, and 1908 of this title, section 3145 of Title 16,
Conservation, sections 4612 and 9509 of Title 26, Internal Revenue Code,
sections 1334, 1350, and 1653 of Title 43, sections 2101, 2302, 3318,
3715, 3718, 5116, 6101, 7101, 7106, 7107, 7109, 7302, 7502, 7503, 7701
to 7703, 8101, 8104, 8502, 8503, 8702, 9101, 9102, 9302, 9308, and 12106
of Title 46, and section 1274 of the Appendix to Title 46, repealing
section 1517 of this title and sections 1811 and 1812 to 1824 of Title
43, enacting provisions set out as notes under this section, sections
1203, 1223, and 1321, of this title, section 92 of Title 14, Coast
Guard, section 9509 of Title 26, sections 1334, 1651, and 1653 of Title
43, sections 3703, 3703a, and 7106 of Title 46, and section 1295 of the
Appendix to Title 46, amending provisions set out as a note under
section 401 of Title 23, Highways, and repealing provisions set out as a
note under section 1811 of Title 43] may be cited as the `Oil Pollution
Act of 1990'.''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in section 1321 of this title.
