{"identifier":"/us/usc/t33/s2701","title":33,"num":"\u00a7\u202f2701.","heading":"Definitions","text":"\u00a7\u202f2701.\nDefinitions\nFor the purposes of this Act, the term\u2014\n(1) \u201cact of God\u201d 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;\n(2) \u201cbarrel\u201d means 42 United States gallons at 60 degrees fahrenheit;\n(3) \u201cclaim\u201d means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident;\n(4) \u201cclaimant\u201d means any person or government who presents a claim for compensation under this subchapter;\n(5) \u201cdamages\u201d means damages specified in\nsection 2702(b) of this title\n(6) \u201cdeepwater port\u201d is a facility licensed under the Deepwater Port Act of 1974 (\n33 U.S.C. 1501\u2013152\n(7) \u201cdischarge\u201d 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;\n(8) \u201cexclusive economic zone\u201d means the zone established by Presidential Proclamation Numbered 5030, dated\nMarch 10, 1983\nJune 1, 1990\n(9) \u201cfacility\u201d 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;\n(10) \u201cforeign offshore unit\u201d 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\u2019s territorial sea or from the foreign country\u2019s continental shelf;\n(11) \u201cFund\u201d means the Oil Spill Liability Trust Fund, established by\nsection 9509 of title 26\n(12) \u201cgross ton\u201d has the meaning given that term by the Secretary under part J of title 46;\n(13) \u201cguarantor\u201d means any person, other than the responsible party, who provides evidence of financial responsibility for a responsible party under this Act;\n(14) \u201cincident\u201d 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;\n(15) \u201cIndian tribe\u201d 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;\n(16) \u201clessee\u201d means a person holding a leasehold interest in an oil or gas lease on lands beneath navigable waters (as that term is defined in\nsection 1301(a) of title 43\n43 U.S.C. 1331\n(17) \u201cliable\u201d or \u201cliability\u201d shall be construed to be the standard of liability which obtains under\nsection 1321 of this title\n(18) \u201cmobile offshore drilling unit\u201d means a vessel (other than a self-elevating lift vessel) capable of use as an offshore facility;\n(19) \u201cNational Contingency Plan\u201d means the National Contingency Plan prepared and published under\nsection 1321(d) of this title\n42 U.S.C. 9605\n(20) \u201cnatural resources\u201d 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;\n(21) \u201cnavigable waters\u201d means the waters of the United States, including the territorial sea;\n(22) \u201coffshore facility\u201d 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;\n(23) \u201coil\u201d 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 (\n42 U.S.C. 9601\n42 U.S.C. 9601\n(24) \u201conshore facility\u201d 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;\n(25) the term \u201cOuter Continental Shelf facility\u201d 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;\n(26) \u201cowner or operator\u201d\u2014\n(A) means\u2014\n(i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel;\n(ii) in the case of an onshore facility, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or entity owning or operating such facility;\n(iii) in the case of any abandoned offshore facility or foreign offshore unit or other facility located seaward of the exclusive economic zone, the person or entity that owned or operated such facility immediately prior to such abandonment;\n(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;\n(v) notwithstanding subparagraph (B)(i), and in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including for purposes of liability under\n(I) seizure or otherwise in connection with law enforcement activity;\n(II) bankruptcy;\n(III) tax delinquency;\n(IV) abandonment; or\n(V) other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign;\n(vi) notwithstanding subparagraph (B)(ii), a person that is a lender and that holds indicia of ownership primarily to protect a security interest in a vessel or facility if, while the borrower is still in possession of the vessel or facility encumbered by the security interest, the person\u2014\n(I) exercises decision making control over the environmental compliance related to the vessel or facility, such that the person has undertaken responsibility for oil handling or disposal practices related to the vessel or facility; or\n(II) exercises control at a level comparable to that of a manager of the vessel or facility, such that the person has assumed or manifested responsibility\u2014\n(aa) for the overall management of the vessel or facility encompassing day-to-day decision making with respect to environmental compliance; or\n(bb) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the vessel or facility other than the function of environmental compliance; and\n(B) does not include\u2014\n(i) A unit of state or local government that acquired ownership or control of a vessel or facility involuntarily through\u2014\n(I) seizure or otherwise in connection with law enforcement activity;\n(II) bankruptcy;\n(III) tax delinquency;\n(IV) abandonment; or\n(V) other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign;\n(ii) a person that is a lender that does not participate in management of a vessel or facility, but holds indicia of ownership primarily to protect the security interest of the person in the vessel or facility; or\n(iii) a person that is a lender that did not participate in management of a vessel or facility prior to foreclosure, notwithstanding that the person\u2014\n(I) forecloses on the vessel or facility; and\n(II) after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates the vessel or facility, maintains business activities, winds up operations, undertakes a removal action under\nsection 1321(c) of this title\nif the person seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise divest the person of the vessel or facility at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements;\n(27) \u201cperson\u201d means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body;\n(28) \u201cpermittee\u201d means a person holding an authorization, license, or permit for geological exploration issued under section 11 of the Outer Continental Shelf Lands Act (\n43 U.S.C. 1340\n(29) \u201cpublic vessel\u201d 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;\n(30) \u201cremove\u201d or \u201cremoval\u201d 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;\n(31) \u201cremoval costs\u201d 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;\n(32) \u201cresponsible party\u201d means the following:\n(A)\nVessels.\u2014\nIn the case of a vessel, any person owning, operating, or demise chartering the vessel. In the case of a vessel, the term \u201cresponsible party\u201d also includes the owner of oil being transported in a tank vessel with a single hull after\nDecember 31, 2010\n(B)\nOnshore facilities.\u2014\nIn 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.\n(C)\nOffshore facilities.\u2014\nIn the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 (\n33 U.S.C. 1501\n43 U.S.C. 1301\u2013135\n(D)\nForeign facilities.\u2014\nIn the case of a foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or other entity owning or operating the facility, and any leaseholder, permit holder, assignee, or holder of a right of use and easement granted under applicable foreign law for the area in which the facility is located.\n(E)\nDeepwater ports.\u2014\nIn the case of a deepwater port licensed under the Deepwater Port Act of 1974 (\n33 U.S.C. 1501\u2013152\n(F)\nPipelines.\u2014\nIn the case of a pipeline, any person owning or operating the pipeline.\n(G)\nAbandonment.\u2014\nIn the case of an abandoned vessel, onshore facility, deepwater port, pipeline, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, the persons or entities that would have been responsible parties immediately prior to the abandonment of the vessel or facility.\n(33) \u201cSecretary\u201d means the Secretary of the department in which the Coast Guard is operating;\n(34) \u201ctank vessel\u201d 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\u2014\n(A) is a vessel of the United States;\n(B) operates on the navigable waters; or\n(C) transfers oil or hazardous material in a place subject to the jurisdiction of the United States;\n(35) \u201cterritorial seas\u201d 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;\n(36) \u201cUnited States\u201d and \u201cState\u201d 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;\n(37) \u201cvessel\u201d 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;\n(38) \u201cparticipate in management\u201d\u2014\n(A)\n(i) means actually participating in the management or operational affairs of a vessel or facility; and\n(ii) does not include merely having the capacity to influence, or the unexercised right to control, vessel or facility operations; and\n(B) does not include\u2014\n(i) performing an act or failing to act prior to the time at which a security interest is created in a vessel or facility;\n(ii) holding a security interest or abandoning or releasing a security interest;\n(iii) including in the terms of an extension of credit, or in a contract or security agreement relating to the extension, a covenant, warranty, or other term or condition that relates to environmental compliance;\n(iv) monitoring or enforcing the terms and conditions of the extension of credit or security interest;\n(v) monitoring or undertaking one or more inspections of the vessel or facility;\n(vi) requiring a removal action or other lawful means of addressing a discharge or substantial threat of a discharge of oil in connection with the vessel or facility prior to, during, or on the expiration of the term of the extension of credit;\n(vii) providing financial or other advice or counseling in an effort to mitigate, prevent, or cure default or diminution in the value of the vessel or facility;\n(viii) restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of the extension of credit or security interest, exercising forbearance;\n(ix) exercising other remedies that may be available under applicable law for the breach of a term or condition of the extension of credit or security agreement; or\n(x) conducting a removal action under\nsection 1321(c) of this title\nif such actions do not rise to the level of participating in management under subparagraph (A) of this paragraph and paragraph (26)(A)(vi);\n(39) \u201cextension of credit\u201d has the meaning provided in section 101(20)(H)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (\n42 U.S.C. 9601(20)(G)(i)\n1\n1 See References in Text note below.\n(40) \u201cfinancial or administrative function\u201d has the meaning provided in section 101(20)(H)(ii) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (\n42 U.S.C. 9601(20)(G)(ii)\n1\n(41) \u201cforeclosure\u201d and \u201cforeclose\u201d each has the meaning provided in section 101(20)(H)(iii) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (\n42 U.S.C. 9601(20)(G)(iii)\n1\n(42) \u201clender\u201d has the meaning provided in section 101(20)(H)(iv) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (\n42 U.S.C. 9601(20)(G)(iv)\n1\n(43) \u201coperational function\u201d has the meaning provided in section 101(20)(H)(v) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (\n42 U.S.C. 9601(20)(G)(v)\n1\n(44) \u201csecurity interest\u201d has the meaning provided in ection 101(20)(H)(vi) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (\n42 U.S.C. 9601(20)(G)(vi)\n1","url":"https://projectusc.org/usc/t33/s2701.html","content":[{"t":"sec","id":"/us/usc/t33/s2701","children":[{"t":"num","text":"\u00a7\u202f2701."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"For the purposes of this Act, the term\u2014"},{"t":"para","id":"/us/usc/t33/s2701/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" \u201cact of God\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" \u201cbarrel\u201d means 42 United States gallons at 60 degrees fahrenheit;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" \u201cclaim\u201d means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" \u201cclaimant\u201d means any person or government who presents a claim for compensation under this subchapter;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" \u201cdamages\u201d means damages specified in ","children":[{"t":"ref","text":"section 2702(b) of this title","href":"/us/usc/t33/s2702/b","tail":", and includes the cost of assessing these damages;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" \u201cdeepwater port\u201d is a facility licensed under the Deepwater Port Act of 1974 (","children":[{"t":"ref","text":"33 U.S.C. 1501\u2013152","href":"/us/usc/t33/s1501\u2013152","tail":"4);"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" \u201cdischarge\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" \u201cexclusive economic zone\u201d means the zone established by Presidential Proclamation Numbered 5030, dated ","children":[{"t":"text","text":"March 10, 1983","tail":", including the ocean waters of the areas referred to as \u201ceastern special areas\u201d 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 "},{"t":"text","text":"June 1, 1990","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" \u201cfacility\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" \u201cforeign offshore unit\u201d 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\u2019s territorial sea or from the foreign country\u2019s continental shelf;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" \u201cFund\u201d means the Oil Spill Liability Trust Fund, established by ","children":[{"t":"ref","text":"section 9509 of title 26","href":"/us/usc/t26/s9509","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" \u201cgross ton\u201d has the meaning given that term by the Secretary under part J of title 46;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/13","children":[{"t":"num","text":"(13)"},{"t":"content","text":" \u201cguarantor\u201d means any person, other than the responsible party, who provides evidence of financial responsibility for a responsible party under this Act;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/14","children":[{"t":"num","text":"(14)"},{"t":"content","text":" \u201cincident\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/15","children":[{"t":"num","text":"(15)"},{"t":"content","text":" \u201cIndian tribe\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/16","children":[{"t":"num","text":"(16)"},{"t":"content","text":" \u201clessee\u201d means a person holding a leasehold interest in an oil or gas lease on lands beneath navigable waters (as that term is defined in ","children":[{"t":"ref","text":"section 1301(a) of title 43","href":"/us/usc/t43/s1301/a","tail":") or on submerged lands of the Outer Continental Shelf, granted or maintained under applicable State law or the Outer Continental Shelf Lands Act ("},{"t":"ref","text":"43 U.S.C. 1331","href":"/us/usc/t43/s1331","tail":" et seq.);"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/17","children":[{"t":"num","text":"(17)"},{"t":"content","text":" \u201cliable\u201d or \u201cliability\u201d shall be construed to be the standard of liability which obtains under ","children":[{"t":"ref","text":"section 1321 of this title","href":"/us/usc/t33/s1321","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/18","children":[{"t":"num","text":"(18)"},{"t":"content","text":" \u201cmobile offshore drilling unit\u201d means a vessel (other than a self-elevating lift vessel) capable of use as an offshore facility;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/19","children":[{"t":"num","text":"(19)"},{"t":"content","text":" \u201cNational Contingency Plan\u201d means the National Contingency Plan prepared and published under ","children":[{"t":"ref","text":"section 1321(d) of this title","href":"/us/usc/t33/s1321/d","tail":" or revised under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act ("},{"t":"ref","text":"42 U.S.C. 9605","href":"/us/usc/t42/s9605","tail":");"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/20","children":[{"t":"num","text":"(20)"},{"t":"content","text":" \u201cnatural resources\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/21","children":[{"t":"num","text":"(21)"},{"t":"content","text":" \u201cnavigable waters\u201d means the waters of the United States, including the territorial sea;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/22","children":[{"t":"num","text":"(22)"},{"t":"content","text":" \u201coffshore facility\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/23","children":[{"t":"num","text":"(23)"},{"t":"content","text":" \u201coil\u201d 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 (","children":[{"t":"ref","text":"42 U.S.C. 9601","href":"/us/usc/t42/s9601","tail":") and which is subject to the provisions of that Act ["},{"t":"ref","text":"42 U.S.C. 9601","href":"/us/usc/t42/s9601","tail":" et seq.];"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/24","children":[{"t":"num","text":"(24)"},{"t":"content","text":" \u201conshore facility\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/25","children":[{"t":"num","text":"(25)"},{"t":"content","text":" the term \u201cOuter Continental Shelf facility\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/26","children":[{"t":"num","text":"(26)"},{"t":"chapeau","text":" \u201cowner or operator\u201d\u2014"},{"t":"subpara","id":"/us/usc/t33/s2701/26/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" means\u2014"},{"t":"clause","id":"/us/usc/t33/s2701/26/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" in the case of a vessel, any person owning, operating, or chartering by demise, the vessel;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/26/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" in the case of an onshore facility, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or entity owning or operating such facility;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/26/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" in the case of any abandoned offshore facility or foreign offshore unit or other facility located seaward of the exclusive economic zone, the person or entity that owned or operated such facility immediately prior to such abandonment;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/26/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/26/A/v","children":[{"t":"num","text":"(v)"},{"t":"chapeau","text":" notwithstanding subparagraph (B)(i), and in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including for purposes of liability under ","children":[{"t":"ref","text":"section 2702 of this title","href":"/us/usc/t33/s2702","tail":", 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\u2014"}]},{"t":"subclause","id":"/us/usc/t33/s2701/26/A/v/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" seizure or otherwise in connection with law enforcement activity;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s2701/26/A/v/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" bankruptcy;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s2701/26/A/v/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" tax delinquency;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s2701/26/A/v/IV","children":[{"t":"num","text":"(IV)"},{"t":"content","text":" abandonment; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s2701/26/A/v/V","children":[{"t":"num","text":"(V)"},{"t":"content","text":" other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/26/A/vi","children":[{"t":"num","text":"(vi)"},{"t":"chapeau","text":" notwithstanding subparagraph (B)(ii), a person that is a lender and that holds indicia of ownership primarily to protect a security interest in a vessel or facility if, while the borrower is still in possession of the vessel or facility encumbered by the security interest, the person\u2014"},{"t":"subclause","id":"/us/usc/t33/s2701/26/A/vi/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" exercises decision making control over the environmental compliance related to the vessel or facility, such that the person has undertaken responsibility for oil handling or disposal practices related to the vessel or facility; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s2701/26/A/vi/II","children":[{"t":"num","text":"(II)"},{"t":"chapeau","text":" exercises control at a level comparable to that of a manager of the vessel or facility, such that the person has assumed or manifested responsibility\u2014"},{"t":"num","text":"(aa)"},{"t":"content","text":" for the overall management of the vessel or facility encompassing day-to-day decision making with respect to environmental compliance; or"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the vessel or facility other than the function of environmental compliance; and"},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2701/26/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" does not include\u2014"},{"t":"clause","id":"/us/usc/t33/s2701/26/B/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" A unit of state or local government that acquired ownership or control of a vessel or facility involuntarily through\u2014"},{"t":"subclause","id":"/us/usc/t33/s2701/26/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" seizure or otherwise in connection with law enforcement activity;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s2701/26/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" bankruptcy;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s2701/26/B/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" tax delinquency;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s2701/26/B/i/IV","children":[{"t":"num","text":"(IV)"},{"t":"content","text":" abandonment; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s2701/26/B/i/V","children":[{"t":"num","text":"(V)"},{"t":"content","text":" other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/26/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a person that is a lender that does not participate in management of a vessel or facility, but holds indicia of ownership primarily to protect the security interest of the person in the vessel or facility; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/26/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"chapeau","text":" a person that is a lender that did not participate in management of a vessel or facility prior to foreclosure, notwithstanding that the person\u2014"},{"t":"subclause","id":"/us/usc/t33/s2701/26/B/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" forecloses on the vessel or facility; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t33/s2701/26/B/iii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates the vessel or facility, maintains business activities, winds up operations, undertakes a removal action under ","children":[{"t":"ref","text":"section 1321(c) of this title","href":"/us/usc/t33/s1321/c","tail":" or under the direction of an on-scene coordinator appointed under the National Contingency Plan, with respect to the vessel or facility, or takes any other measure to preserve, protect, or prepare the vessel or facility prior to sale or disposition,"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"\u2001if the person seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise divest the person of the vessel or facility at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/27","children":[{"t":"num","text":"(27)"},{"t":"content","text":" \u201cperson\u201d means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/28","children":[{"t":"num","text":"(28)"},{"t":"content","text":" \u201cpermittee\u201d means a person holding an authorization, license, or permit for geological exploration issued under section 11 of the Outer Continental Shelf Lands Act (","children":[{"t":"ref","text":"43 U.S.C. 1340","href":"/us/usc/t43/s1340","tail":") or applicable State law;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/29","children":[{"t":"num","text":"(29)"},{"t":"content","text":" \u201cpublic vessel\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/30","children":[{"t":"num","text":"(30)"},{"t":"content","text":" \u201cremove\u201d or \u201cremoval\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/31","children":[{"t":"num","text":"(31)"},{"t":"content","text":" \u201cremoval costs\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/32","children":[{"t":"num","text":"(32)"},{"t":"chapeau","text":" \u201cresponsible party\u201d means the following:"},{"t":"subpara","id":"/us/usc/t33/s2701/32/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Vessels.\u2014"},{"t":"content","text":"In the case of a vessel, any person owning, operating, or demise chartering the vessel. In the case of a vessel, the term \u201cresponsible party\u201d also includes the owner of oil being transported in a tank vessel with a single hull after ","children":[{"t":"text","text":"December 31, 2010","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2701/32/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Onshore facilities.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2701/32/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Offshore facilities.\u2014"},{"t":"content","text":"In the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 (","children":[{"t":"ref","text":"33 U.S.C. 1501","href":"/us/usc/t33/s1501","tail":" 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 ("},{"t":"ref","text":"43 U.S.C. 1301\u2013135","href":"/us/usc/t43/s1301\u2013135","tail":"6) 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."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2701/32/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Foreign facilities.\u2014"},{"t":"content","text":"In the case of a foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or other entity owning or operating the facility, and any leaseholder, permit holder, assignee, or holder of a right of use and easement granted under applicable foreign law for the area in which the facility is located.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2701/32/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Deepwater ports.\u2014"},{"t":"content","text":"In the case of a deepwater port licensed under the Deepwater Port Act of 1974 (","children":[{"t":"ref","text":"33 U.S.C. 1501\u2013152","href":"/us/usc/t33/s1501\u2013152","tail":"4), the licensee."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2701/32/F","children":[{"t":"num","text":"(F)"},{"t":"heading","text":"Pipelines.\u2014"},{"t":"content","text":"In the case of a pipeline, any person owning or operating the pipeline.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2701/32/G","children":[{"t":"num","text":"(G)"},{"t":"heading","text":"Abandonment.\u2014"},{"t":"content","text":"In the case of an abandoned vessel, onshore facility, deepwater port, pipeline, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, the persons or entities that would have been responsible parties immediately prior to the abandonment of the vessel or facility.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/33","children":[{"t":"num","text":"(33)"},{"t":"content","text":" \u201cSecretary\u201d means the Secretary of the department in which the Coast Guard is operating;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/34","children":[{"t":"num","text":"(34)"},{"t":"chapeau","text":" \u201ctank vessel\u201d 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\u2014"},{"t":"subpara","id":"/us/usc/t33/s2701/34/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is a vessel of the United States;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2701/34/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" operates on the navigable waters; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2701/34/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" transfers oil or hazardous material in a place subject to the jurisdiction of the United States;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/35","children":[{"t":"num","text":"(35)"},{"t":"content","text":" \u201cterritorial seas\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/36","children":[{"t":"num","text":"(36)"},{"t":"content","text":" \u201cUnited States\u201d and \u201cState\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/37","children":[{"t":"num","text":"(37)"},{"t":"content","text":" \u201cvessel\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/38","children":[{"t":"num","text":"(38)"},{"t":"chapeau","text":" \u201cparticipate in management\u201d\u2014"},{"t":"subpara","id":"/us/usc/t33/s2701/38/A","children":[{"t":"num","text":"(A)"},{"t":"clause","id":"/us/usc/t33/s2701/38/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" means actually participating in the management or operational affairs of a vessel or facility; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/38/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" does not include merely having the capacity to influence, or the unexercised right to control, vessel or facility operations; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2701/38/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" does not include\u2014"},{"t":"clause","id":"/us/usc/t33/s2701/38/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" performing an act or failing to act prior to the time at which a security interest is created in a vessel or facility;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/38/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" holding a security interest or abandoning or releasing a security interest;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/38/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" including in the terms of an extension of credit, or in a contract or security agreement relating to the extension, a covenant, warranty, or other term or condition that relates to environmental compliance;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/38/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" monitoring or enforcing the terms and conditions of the extension of credit or security interest;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/38/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" monitoring or undertaking one or more inspections of the vessel or facility;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/38/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" requiring a removal action or other lawful means of addressing a discharge or substantial threat of a discharge of oil in connection with the vessel or facility prior to, during, or on the expiration of the term of the extension of credit;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/38/B/vii","children":[{"t":"num","text":"(vii)"},{"t":"content","text":" providing financial or other advice or counseling in an effort to mitigate, prevent, or cure default or diminution in the value of the vessel or facility;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/38/B/viii","children":[{"t":"num","text":"(viii)"},{"t":"content","text":" restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of the extension of credit or security interest, exercising forbearance;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/38/B/ix","children":[{"t":"num","text":"(ix)"},{"t":"content","text":" exercising other remedies that may be available under applicable law for the breach of a term or condition of the extension of credit or security agreement; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2701/38/B/x","children":[{"t":"num","text":"(x)"},{"t":"content","text":" conducting a removal action under ","children":[{"t":"ref","text":"section 1321(c) of this title","href":"/us/usc/t33/s1321/c","tail":" or under the direction of an on-scene coordinator appointed under the National Contingency Plan,"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"if such actions do not rise to the level of participating in management under subparagraph (A) of this paragraph and paragraph (26)(A)(vi);","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/39","children":[{"t":"num","text":"(39)"},{"t":"content","text":" \u201cextension of credit\u201d has the meaning provided in section 101(20)(H)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (","children":[{"t":"ref","text":"42 U.S.C. 9601(20)(G)(i)","href":"/us/usc/t42/s9601/20/G/i","tail":");\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/40","children":[{"t":"num","text":"(40)"},{"t":"content","text":" \u201cfinancial or administrative function\u201d has the meaning provided in section 101(20)(H)(ii) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (","children":[{"t":"ref","text":"42 U.S.C. 9601(20)(G)(ii)","href":"/us/usc/t42/s9601/20/G/ii","tail":");\u202f"},{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/41","children":[{"t":"num","text":"(41)"},{"t":"content","text":" \u201cforeclosure\u201d and \u201cforeclose\u201d each has the meaning provided in section 101(20)(H)(iii) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (","children":[{"t":"ref","text":"42 U.S.C. 9601(20)(G)(iii)","href":"/us/usc/t42/s9601/20/G/iii","tail":");\u202f"},{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/42","children":[{"t":"num","text":"(42)"},{"t":"content","text":" \u201clender\u201d has the meaning provided in section 101(20)(H)(iv) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (","children":[{"t":"ref","text":"42 U.S.C. 9601(20)(G)(iv)","href":"/us/usc/t42/s9601/20/G/iv","tail":");\u202f"},{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/43","children":[{"t":"num","text":"(43)"},{"t":"content","text":" \u201coperational function\u201d has the meaning provided in section 101(20)(H)(v) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (","children":[{"t":"ref","text":"42 U.S.C. 9601(20)(G)(v)","href":"/us/usc/t42/s9601/20/G/v","tail":");\u202f"},{"t":"text","text":"1","tail":" and"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2701/44","children":[{"t":"num","text":"(44)"},{"t":"content","text":" \u201csecurity interest\u201d has the meaning provided in ection 101(20)(H)(vi) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (","children":[{"t":"ref","text":"42 U.S.C. 9601(20)(G)(vi)","href":"/us/usc/t42/s9601/20/G/vi","tail":")."},{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}