767 



of an onshore facility, or of an offshore facility, from 

 which oil or a hazardous substance is discharged in 

 violation of subsection (b) (3) of this section, proves 

 that such discharge of oil or hazardous substance 

 was caused solely by an act or omission of a third 

 party, or was caused solely by such an act or omis- 

 sion in combination with an act of God, an act of 

 war, or negligence on the part of the United States 

 Government, such third party shall, notwithstand- 

 ing any other provision of law, be liable to the United 

 States Government for the actual costs incurred 

 under subsection (c'> of this section for removal of 

 such oil or substance by the United States Govern- 

 ment, except where such third party can prove that 

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

 God, (B) an act of war, (C) negligence on the part 

 of the United States Government, or 'D) an act or 

 omission of another party without regard to whether 

 such act or omission was or was not negligent, or cny 

 combination of the foregoing clauses. If such third 

 party was the owner or operator of a vessel which 

 caused the discharge of oil or a hazardous substance 

 in violation of subsection (b) (3) of this section, the 

 liability of such third party under this subsection 

 shall not exceed $100 per gross ton of such vessel or 

 $14,000,000, whichever is the lesser. In any other case 

 the liability of such third party shall not exceed the 

 limitation which would have been applicable to the 

 owner or operator of the vessel or the onshore or off- 

 shore facility from which the discharge actually oc- 

 curred in such owner or operator were liable. If the 

 United States can show that the discharge of oil or 

 a hazardous substance in violation of subsection (b) 

 (3) of this section was the result of willful negligence 

 or willful misconduct within the privity and knowl- 

 edge of such third party, such third party shall be 

 liable to the United States Government for the full 

 amount of such removal costs. The United States 

 may bring an action against the third party in any 

 court of competent jurisdiction to recover such re- 

 moval costs. 



(h) Rights against third parties who caused or con- 

 tributed to discharge. 



The liabilities established by this section shall In 

 no way affect any rights which (1) the owner or 

 operator of a vessel or of an onshore facility or an 

 offshore facility may have against any third party 

 whose acts may in any way have caused or contrib- 

 uted to such discharge, or (2) the United States Gov- 

 ernment may have against any third party whose 

 actions may in any way have caused or contributed 

 to the discharge of oil or hazardous substance. 

 (i) Recovery of removal costs. 



(1) In any case where an owner or operator of a 

 vessel or an onshore facility or an offshore facility 

 from which oil or a hazardous substance is dis- 

 charged in violation of subsection (b)(3) of this 

 section acts to remove such oil or substance in ac- 

 cordance with regulations promulgated pursuant to 

 this section, such owner or operator shall be entitled 

 to recover the reasonable costs incurred in such re- 

 moval upon establishing, in a suit which may be 



brought against the United States Government in 

 the United States Court of Claims, that such dis- 

 charge was caused solely by (A) an act of God, (B) 

 an act of war, (C) negligence on the part of the 

 United States Government, or (D) an act or omis- 

 sion of a third party without regard to whether such 

 act or omission was or was not negligent, or of any 

 combination of the foregoing causes. 



(2) The provisions of this subsection shall not 

 apply in any case where liability is established pur- 

 suant to the Outer Continental Shelf Lands Act. 



(3) Any amount paid in accordance with a judg- 

 ment of the United States Court of Claims pursuant 

 to this section shall be paid from the funds estab- 

 lished pursuant to subsection (k) of this section. 



(j) Regulations; penalty. 



(1) Consistent with the National Contingency 

 Plan required by subsection (c)(2) of this section, 

 as soon as practicable after October 18, 1972, and 

 from time to time thereafter, the President shall 

 issue regulations consistent with maritime safety 

 and with marine and navigation laws (A) establish- 

 ing methods and procedures for removal of dis- 

 charged oil and hazardous substances. (B) establish- 

 ing criteria for the development and implementation 

 of local and regional oil and hazardous substance 

 removal contingency plans, (C) establishing pro- 

 cedures, methods, and equipment and other re- 

 quirements for equipment to prevent discharges of 

 oil and hazardous substances from vessels and 

 from onshore facilities and offshore facilities, and 

 to contain such discharges, and (D) governing the 

 inspection of vessels carrying cargoes of oil and 

 hazardous substances and the inspection of such 

 cargoes in order to reduce the likelihood of dis- 

 charges of oil from vessels in violation of this section. 



(2) Any owner or operator of a vessel or an on- 

 shore facility or an offshore facility and any other 

 person subject to any regulation issued imder para- 

 graph (1) of this subsection who fails or refuses to 

 comply with the provisions of any such regulations, 

 shall be liable to a civil penalty of not more than 

 $5,000 for each such violation. Each violation shall 

 be a separate offense. The President may assess and 

 compromise such penalty. No penalty shall be as- 

 sessed until the owner, operator, or other person 

 charged shall have been given notice and an oppor- 

 tunity for a hearing on such charge. In determining 

 the amount of the penalty, or the amount agreed 

 upon in compromise, the gravity of the violation, and 

 the demonstrated good faith of the owner, operator, 

 or other person charged in attempting to achieve 

 rapid compliance, after notification of a violation, 

 shall be considered by the President. 



(k) Authorization of appropriations. 



There is hereby authorized to be appropriated to a 

 revolving fund to be established in the Treasury not 

 to exceed $35,000,000 to carry out the provisions ol 

 subsections (c), (d), (i), and (/) of this section. Any 

 other funds received by the United States under this 

 section shall also be deposited in said fund for such 

 purposes. All sums appropriated to, or deposited in, 

 said fund shall remain available imtll expended. 



