1998 Year of the Ocean Coastal Tourism and Recreation 



National Historic Preservation Act (NHPA) . 16 U.S.C. §§ 470, et seg. 



The NHPA is the largest piece of federal historic preservation legislation. It has two major 

 components that affect the responsibilities of federal agencies managing submerged lands. First, 

 under section 106 of the NHPA, federal agencies are to consider the effects of their undertakings 

 (including the issuance of permits, the expenditure of federal funding and federal projects) on 

 historic resources that are either eligible for listing or are listed on the National Register of 

 Historic Places. Section 1 10 of the NHPA imposes another obligation on federal agencies that 

 own or control historic resources. Under this section, federal agencies must consider historic 

 preservation of historic resources as part of their management responsibilities. 



National Wilderness Preservation System . 16 U.S.C. § 1 131 



This program establishes a system of federally owned "wilderness areas," which are administered 

 for the use and enjoyment of the American people in such a manner as will leave the areas 

 unimpaired for future use and enjoyment as wilderness. Such areas are managed by the 

 Department of the Interior and by the agency that had jurisdiction over the area before its 

 inclusion in the National Wilderness Preservation System. 



Oil Pollution Act of 1990 (OPA) . 33 U.S.C. §§ 2701 et seg., inter aha 



OP A amends section 3 1 1 of the Federal Water Pollution Control Act (the Clean Water Act or 

 CWA), 33 U.S.C. 1321 et seg., to clarify federal response authority, increase penalties for spills, 

 establish U.S. Coast Guard response organizations, require tank vessel and facility response 

 plans, and provide for contingency planning in designated areas. OPA, however, does not 

 preempt states' rights to impose additional liability or other requirements with respect to the 

 discharge of oil within a state or to any removal activities in connection with such a discharge. 



OPA is a comprehensive statute designed to expand oil spill prevention, preparedness, and 

 response capabilities of the federal government and industry. OPA establishes a new liability 

 regime for oil pollution incidents in the aquatic environment and provides the resources 

 necessary for the removal of discharged oil. OPA consolidates several existing oil spill response 

 funds into the Oil Spill Liability Trust Fund (Trust Fund), resulting in a $1 -billion fund to be 

 used to respond to, and provide compensation for damages caused by, discharges of oil. In 

 addition, OPA provides new requirements of response planning by both government and industry 

 and establishes new construction, manning, and licensing requirements for tank vessels. OPA 

 also increases penalties for regulatory noncompliance and broadens the response and 

 enforcement authorities of the federal government. 



Title I of OPA contains liability provisions governing oil spills modeled after the Comprehensive 

 Environmental Response. Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et 

 seq .. and section 31 1 of the CWA. Specifically, section 1002(a) of OPA provides that the 



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