768 



(0 Administration. 



The President is authorized to delegate the admin- 

 istration of this section to the heads of those Fed- 

 eral departments, agencies, and instrumentalities 

 which he determines to be appropriate. Any moneys 

 in the fund established by subsection (k) of this 

 section shall be available to such Federal depart- 

 ments, agencies, and instrumentalities to carry out 

 the provisions of subsections Cc) and (i) of this 

 section. Each such department, agency, and instru- 

 mentality, in order to avoid duplication of effort, 

 shall, whenever appropriate, utilize the personnel, 

 services, and facilities of other Federal departments, 

 agencies, and instrumentalities. 



(m) Boarding and inspection of vessels; arrest; exe- 

 cution of warrants or other process. 

 Anyone authorized by the President to enforce the 

 provisions of this section may, except as to public 

 vessels, (A) board and inspect any vessel upon the 

 navigable waters of the United States or the waters 

 of the contiguous zone, (B) with qx without a war- 

 rant arrest any person who violates the provisions of 

 this section or any regulation issued thereunder in 

 his presence or view, and (C) execute any warrant 

 or other process issued by an oEBcer or court of com- 

 petent jurisdiction. 



(n) Jurisdiction. 



The several district courts of the United States are 

 invested with jurisdiction for any actions, other 

 than actions pursuant to subsection (i) (1) of this 

 section, arising under this section. In the case of 

 Guam and the Trust Territory of the Pacific Islands, 

 such actions may be brought in the district court of 

 Guam, and in the case of the Virgin Islands such 

 actions may be brought in the district court of the 

 Virgin Islands. In the case of American Samoa and 

 the Trust Territory of the Pacific Islands, such 

 actions may be brought in the District Court of the 

 United States for the District of Hawaii and such 

 court shall have jurisdiction of such actions. In the 

 case of the Canal Zone, such actions may be brought 

 in the United States District Court for the District 

 of the Canal Zone. 



(o) Obligation for damages unaffected; local authority 

 not preempted; existing Federal authority not 

 modified or affected. 



(1) Nothing in this section shall affect or modify 

 in any way the obligations of any owner or operator 

 of any vessel, or of any owner or operator of 

 any onshore facility or offshore facility to any 

 person or agency under any provision of law for 

 damages to any publicly owned or privately owned 

 property resulting from a discharge of any oil or 

 hazardous substance or from the removal of any 

 such oil or hazardous substance. 



(2) Nothing in this section shall be construed as 

 preempting any State or political subdivision thereof 

 from imposing any requirement or liability with re- 

 spect to the discharge of oil or hazardous substance 

 into any waters within such State. 



(3) Nothing in this section shall be construed as 

 affecting or modifying any other existing authority 

 of any Federal department, agency, or instrumen- 

 tality, relative to onshore or offshore facilities under 

 this chapter or any other provision of law, or to 



affect any State or local law not in conflict with this 

 section. 



(p) Financial responsibility. 



(1) Any vessel over three hundred gross tons, in- 

 cluding any barge of equivalent size, but not includ- 

 ing any barge that is not self-propelled and that 

 does not carry oil or hazardous substances as cargo 

 or fuel, using any port or place in the United States 

 or the navigable waters of the United States for 

 any purpose shall establish and maintain under 

 regulations to be prescribed from time to time by 

 the President, evidence of financial responsibility of 

 $100 per gross ton, or $14,000,000 whichever is the 

 lesser, to meet the liability to the United States 

 which such vessel could be subjected under this sec- 

 tion. In cases where an owner or operator owns, 

 operates, or charters more than one such vessel, 

 financial responsibility need only be established to 

 meet the maximum liability to which the largest 

 of such vessels could be subjected. Financial re- 

 sponsibility may be established by any one of, or a 

 combination of, the following methods acceptable to 

 the President: (Ai evidence of insurance, (B) surety 

 bonds. (O qualification as a self-insurer, or (D) 

 other evidence of financial responsibility. Any bond 

 filed shall be issued by a bonding company author- 

 ized to do business in the United States. 



(2) The provisions of paragraph (1) of this sub- 

 section shall be effective April 3, 1971, with respect 

 to oil and one year after October 18. 1972, with re- 

 spect to hazardous substances. The President shall 

 delegate the responsibility to carry out the provisions 

 of this subsection to the appropriate agency head 

 within sixty days after October 18, 1972. Regula- 

 tions necessary to implement this subsection shall 

 be issued within six months after October 18, 1972. 



(3) Any claim for costs incurred by such vessel may 

 be brought directly against the insurer or any other 

 person providing evidence of financial responsibility 

 as required under this subsection. In the case of 

 any action pursuant to this subsection such insurer 

 or other person shall be entitled to invoke all rights 

 and defenses which would have been available to 

 the owner or operator if an action had been brought 

 against him by the claimant, and which would have 

 been available to him if an action had been brought 

 against him by the owner or operator. 



(4) Any owner or operator of a vessel subject to 

 this subsection, who fails to comply with the pro- 

 visions of this subsection or any regulation issued 

 thereunder, shall be subject to a fine of not more 

 than $10,000. 



(5> The Secretary of the Treasury may refuse the 

 clearance required by section 91 of Title 46 to any 

 vessel subject to this subsection, which does not have 

 evidence furnished by the President that the finan- 

 cial responsibility provisions of paragraph (1) of 

 this subsection have been complied with. 



(6) The Secretary of the Department in which the 

 Coast Guard is operated may (Ai deny entry to any 

 port or place in the United States or the navigable 

 waters of the United States, to, and (B) detain 

 at the port or place in the United States from which 

 it is about to depart for any other port or place in 

 the United States, any vessel subject to this sub- 

 section, which upon request, does not produce evi- 



