638 



Government, of any State or local government, of 

 other nations or of their contractors or subcon- 

 tractors incurred in the (A) removing or attempt- 

 ing to remove, or (B) taking other measures to 

 reduce or mitigate damages from, any oil dis- 

 charged into the marine environment in violation 

 of subsection (a) (1) of this section; 



(2) "damages" means all damages (except clean 

 up costs) suffered by any person, or involving real 

 or personal property, the natural resources of the 

 marine environment, or the coastal environment of 

 any nation, including damages claimed without 

 regard to ownership of any aflfected lands, struc- 

 tures, fish, wildlife, or biotic or natural resources : 



(3) "discharge" includes, but is not limited to, 

 any spilling, leaking, pumping, pouring, emit- 

 ing, emptying, or dumping into the marine en- 

 vironment of quantities of oil determined to be 

 harmful pursuant to regulations issued by the Ad- 

 ministrator of the Environmental Protection 

 Agency; and 



(4) "owner or operator" means any person own- 

 ing, operating, or chartering by demise, a vessel. 



(n) Study for a uniform law for cleanup costs and 

 damages from oil spills; adjudication and settle- 

 ment of claims; report to Congress. 



( 1 ) The Attorney General, in cooperation with the 

 Secretary, the Secretary of State, the Secretary of 

 the Interior, the Administrator of the Environmen- 

 tal Protection Agency, the Council on Environ- 

 mental Quality, and the Administrative Conference 

 of the United States. Is authorized and directed to 

 study methods and procedures for implementing a 

 uniform law providing liability for cleanup costs and 

 damages from oil spills from Outer Continental 

 Shelf operations, deep'^ater ports, vessels, and other 

 ocean-related sources. The study shall give partic- 

 ular attention to methods of adjudicating and 

 settling claims as rapidly, economically, and equita- 

 bly as possible, 



(2) The Attorney General shall report the results 

 of his study together with any legislative recommen- 

 dations to the Congress within 6 months after Janu- 

 ary 3, 1975. (Pub. L. 93-627, I 18, Jan. 3, 1975. 88 

 Stat. 2141.) 



§ 1518. Relationship to other laws. 



(a) Federal Constitution, laws, and treaties appli- 

 cable; other Federal requirements applicable; 

 status of deepwater port ; Federal or State authori- 

 ties and responsibilities within territorial seas 

 unaffected. 



(1) The Constitution, laws, and treaties of the 

 United States shall apply to a deepwater port li- 

 censed under this chapter and to activities con- 

 nected, associated, or potentially interfering with the 

 use or operation of any such port, in the same man- 

 ner as if such port were an area of exclusive Federal 

 jurisdiction located within a State. Nothing in this 

 chapter shall be construed to relieve, exempt, or im- 

 munize any person from any other requirement 

 imposed by Federal law. regulation, or treaty. Deep- 

 water ports licensed under this chapter do not 



possess the status of islands and have no territorial 

 seas of their own. 



(2) Except as otherwise provided by this chapter, 

 nothing in this chapter shall in any way alter the 

 responsibilities and authorities of a State or the 

 United States within the territorial seas of the 

 United States. 



(b) L.TW of nearest adjacent coastal State as appli- 

 cable Federal law: Federal administration and 

 enforcement of such law ; nearest adjacent coastal 

 State defined. 



The law of the nearest adjacent coastal State, now 

 in effect or hereafter adopted, amended, or repealed, 

 is declared to be the law of the United States, and 

 shall apply to any deepwater port licensed pursuant 

 to this chapter, to the extent applicable and not in- 

 consistent with any provision or regulation under 

 this chapter or other Federal laws and regualtions 

 now in effect or hereafter adopted, amended, or 

 repealed. All such applicable laws shall be adminis- 

 tered and enforced by the appropriate officers and 

 courts of the United States. For purposes of this sub- 

 section, the nearest adjacent coastal State shall be 

 that State whose seaward boundaries. If extended 

 beyond 3 miles, would encompass the site of the deep- 

 water port. 



(c) Vessels of foreign states subject to Federal juris- 

 diction; designation of agent for service of 

 process. 



Except in a situation Involving force majeure, a 

 licensee of a deepwater port shall not permit a ves- 

 sel, registered in or flying the flag of a foreign state, 

 to call at, or otherwise utilize a deepwater port li- 

 censed under this chapter unless (1) the foreign 

 state involved, by specific agreement with the United 

 States, has agreed to recognize the jurisdiction of 

 the United States over the vessel and its persoruiel, 

 in accordance with the provisions of this chapter, 

 while the vessel is located within the safety zone, 

 and (2) the vessel owner or operator has designated 

 an agent in the United States for receipt of seiT^- 

 Ice of process in the event of any claim or legal pro- 

 ceeding resulting from activities of the vessel or its 

 personnel while located within such a safety zone. 



(d) Customs laws inapplicable to deepwater port; 

 duties and taxes on foreign articles imported into 

 customs territory of United States. 



The customs laws administered by the Secretary 

 of the Treasury shall not apply to any deepwater 

 port licensed under this chapter, but all foreign arti- 

 les to be used in the construction of any such deep- 

 water port, including any compjonent thereof, shall 

 first be made subject to all applicable duties and 

 taxes which would be imposed upon or by reason of 

 their importation if they were imported for con- 

 sumption in the United States. Duties and taxes shall 

 be paid thereon in accordance with laws applicable 

 to merchandise imported into the customs territory 

 of the United States. 



(e) Federal district courts; original jurisdiction; 

 venue. 



The United States district courts shall have orig- 

 inal jurisdiction of cases and controversies arising 



