637 



(d> or (e) of this section if the owner or operator 

 of a vessel or the licensee can show that the dis- 

 charge was caused solely by (1) an act of war, or 

 (2) negligence on the part of the Federal Govern- 

 ment in establishing and maintaining aids to navi- 

 gation. In addition, liability with respect to damages 

 claimed by a damaged party shall not be imposed 

 under subsection (d). (e) . or if) of this section if the 

 owner or operator of a vessel, the licensee, or the 

 Fund can show that such damage was caused solely 

 by the negligence of such party. 



(h) Subrosration; third party liability; recovery of 

 reasonable cleanup cost of discharge caused by act 

 of war or negligence of Federal Governi^-^'nt. 



(1) In any case where liability is impo.sed pursu- 

 ani to subsection (d) of this section, if the discharge 

 was the result of the negligence of the licen.'^ee, the 

 owner or operator of a vessel held liable shall be sub- 

 rogated to the rights of any person entitled to recov- 

 ery against such licensee. 



(2) In any case v. here liability is imposed pursuant 

 to subsection le) of this section, if the discharge was 

 the result of the unseaworthiness of a vessel or the 

 negligence of the owner or operator of such vessel, 

 the licensee shall be subrogated to the rights of any 

 person entitled to recovery against such owner or 

 operator. 



(31 Payment of compensation for any damages 

 pursuant to subsection (f m21 of this section shall be 

 sub.iect to the Fund acquiring by subrogation all 

 rights of the claimant to recover for such damages 

 from any other p."rson. 



(4) The lia!:ilities e"tablished in this section shall 

 in no way affect or limit any rights which the li- 

 censee, the owner, or operator of a vessel, or the 

 ■^und may have against any third party whose act 

 may in any v.-ay have caused or contributed t j a dis- 

 charge of oil. 



(5) In any case where the owner or operator of a 

 vessel or the licensee of a deepwater port from which 

 oil is discharcred acts to remove "iuch oil in accord- 

 ance with subsection (cWl) of this section, such 

 ownT or operator or such licensee shall be entitled 

 to recover from the Fund the reasonable cleanup 

 cost incurred in such removal if he can show that 

 such discharge was caused solely by (A) an act of 

 war or '3 1 negligence on the part of the Federal 

 Government in establishing and maintaining aid-s *■ 

 navigation. 



(i) Clasr. ."ctions: At'orney General, member of group; 

 notice, publication in Federal Register and news- 

 papers: tiusfee'.s action for damages to natural 

 resources of ma inp environment; 'estoration and 

 rehabilitation of such resources. 

 (1) The Attorney General may act on behalf of 

 any group of damaged citizens he determines would 

 be more adequately represented as a class in recovery 

 of claims under this section. Sums recovered shall be 

 distributed to the members of such group. If, within 

 90 days after a discharge of oil in violation of this 

 section has occurred, the Attorney General fails to 

 act in accordance with this paragraph, to sue on 

 behalf of a group of persons who may be entitled to 



compensation pursuant to this section for damages 

 caused by such discharge, any member of such group 

 may maintain a class action to recover such dam- 

 ages on behalf of such group. Failure of the Attorney 

 General to act in accordance with this subsection 

 shall have no bearing on any class action maintained 

 in accordance with this paragraph. 



( 2 ) In any case where the number of members in 

 the class exceeds 1,000, publishing notice of the ac- 

 tion in the Federal, Register and in local newspapers 

 .serving the areas in which the damaged parties reside 

 -hall be deemed to fulfill the requirement for public 

 notice established by rule 23<c)(2) of the Federal 

 Rules of Civil Procedures. 



(3) The Secretary may act on behalf of the public 

 as trustee of the natural resources of the marine 

 environment to recover for damages to such re- 

 sources in accordance with this section. Sums re- 

 covered shall be applied to the restoration and 

 rahabilitation of such natural resources by the ap- 

 propriate agencies of Federal or State government. 



(j) PrO''eHures for filing and payment of claims for 

 cleanup costs and damages: limita*ions; appeals. 



(1) The Secretary shall establish by regulation 

 procedures for the filing and payment of claims for 

 cleaoup costs and damages pursuant to this chapter. 



(2> No claims for payment of cleanup costs or 

 damages which are filed with the Secretary more 

 than 3 years after the date of the discharge giving 

 rise to such claims shall be considered. 



(3) Appeals from any final determination of the 

 Secretary pursuant to this section shall be filed not 

 later than 30 days after such determination in the 

 United States Court of Appeals of the circuit within 

 which the nearest adjacent coastal State is located. 



(k) Federal preemption unintended; additional State 

 requirements or liability; bar against multiple 

 recoveries. 



(1) This section shall not be interpreted to pre- 

 empt the field of liability or to preclude any State 

 from imposing additional requirements or liability 

 for any discharge of oil from a deepwater port or a 

 vessel within any safety zone. 



(2) Any person who receives compensation for 

 damages pursuant to this section shall be precluded 

 from recovering compensation for the same damages 

 pursuant to any other State or Federal law. Any per- 

 son who receives compensation for damages pursuant 

 to any other Federal or State law shall be pre- 

 cluded from receiving compensation for the same 

 damages as provided in this section. 



(0 Financial responsibility. 



The Secretary shall require that any owner or 

 operator of a vessel using any deepwater port, or 

 any licensee of a deepwater port, shall carry insur- 

 ance or give evidence of other financial responsibility 

 in an amount sufficient to meet the liabilities imposed 

 by this section. 



(m) Definitions. 



As used in this section the term — 



(1) "cleanup costs" means all actual costs. In- 

 cluding but not limited to costs of the Federal 



