158 



5 



•f 



1 ( 1 ) the extent and probability of imminent damage 



2 if those measures are not taken; 



3 (2) the hkclihood of effectiveness of those meas- 



4 m'cs; and 



5 (3) the extent of the damage which may be caused 



6 by those measures. 



7 Sec. 9. In the direction and conduct of measures under 



8 this Act the Secretary shall use his best endeavors to — 



9 ( 1 ) assure the avoidance of risk to human life ; 



10 (2) render all possible aid to distressed persons, 



11 including facihtating repatriation of ships' crews; and 



12 (3) not unnecessarily interfere with rights and 



13 interests of others, including the flag state of any ship 



14 involve'd, other foreign states threatened by damage, 



15 and persons otherwise concerned. 



16 Sec. 10. (a) The United States shall be obliged to pay 



17 compensation to the extent of the damage caused by measures 

 ]3 which exceed those reasonably necessary to achieve the end 



19 mentioned in section 3. 



20 (b) Actions against the United States seeking com- 



21 pensation for any excessive measures may be brought in the 



22 United States Court of Claims, in any district court of the 



23 United States, and in those courts enumerated in section 



24 460 of title 28, United States Code. For purposes of this 



25 Act, American Samoa shall be included within the judicial 



