- act of God
means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight;
- barrel
means 42 United States gallons at 60 degrees fahrenheit;
- Chair
means the Chairperson of the Interagency Committee designated under subsection (c)(2);
- claim
means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident;
- claimant
means any person or government who presents a claim for compensation under this subchapter;
- Commandant
means the Commandant of the Coast Guard;
- contractual relationship
includes, but is not limited to, land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless—
- crude oil tanker
means a tanker (as that term is defined under section 2101 of title 46)—
- damages
means damages specified in section 2702(b) of this title, and includes the cost of assessing these damages;
- discharge
means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
- exclusive economic zone
means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990;
- extension of credit
has the meaning provided in section 101(20)(H)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(i));
- facility
means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil.
- financial or administrative function
has the meaning provided in section 101(20)(H)(ii) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(ii));
- foreign claimant
means—
- foreign offshore unit
means a facility which is located, in whole or in part, in the territorial sea or on the continental shelf of a foreign country and which is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the seabed beneath the foreign country’s territorial sea or from the foreign country’s continental shelf;
- Fund
means the Oil Spill Liability Trust Fund, established by section 9509 of title 26;
- gross ton
has the meaning given that term by the Secretary under part J of title 46;
- guarantor
means any person, other than the responsible party, who provides evidence of financial responsibility for a responsible party under this Act;
- incident
means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the discharge or substantial threat of discharge of oil;
- Indian tribe
means any Indian tribe, band, nation, or other organized group or community, but not including any Alaska Native regional or village corporation, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and has governmental authority over lands belonging to or controlled by the tribe;
- institution of higher education
means an institution of higher education, as defined in section 1001(a) of title 20;
- Interagency Committee
means the Interagency Coordinating Committee on Oil Pollution Research established under subsection (b);
- lender
has the meaning provided in section 101(20)(H)(iv) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(iv));
- lessee
means a person holding a leasehold interest in an oil or gas lease on lands beneath navigable waters (as that term is defined in section 1301(a) of title 43) or on submerged lands of the Outer Continental Shelf, granted or maintained under applicable State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
- mobile offshore drilling unit
means a vessel (other than a self-elevating lift vessel) capable of use as an offshore facility;
- National Contingency Plan
means the National Contingency Plan prepared and published under section 1321(d) of this title or revised under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9605);
- natural resources
includes land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the exclusive economic zone), any State or local government or Indian tribe, or any foreign government;
- navigable waters
means the waters of the United States, including the territorial sea;
- offshore facility
means any facility of any kind located in, on, or under any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel;
- oil
means oil of any kind or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include any substance which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act [42 U.S.C. 9601 et seq.];
- onshore facility
means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land;
- operational function
has the meaning provided in section 101(20)(H)(v) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(v));
- Outer Continental Shelf facility
means an offshore facility which is located, in whole or in part, on the Outer Continental Shelf and is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the Outer Continental Shelf;
- permittee
means a person holding an authorization, license, or permit for geological exploration issued under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) or applicable State law;
- person
means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body;
- Prince William Sound
means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to and encompassing Seal Rocks;
- Prince William Sound and its adjacent waters
means such sound and waters as generally depicted on the map entitled “EXXON VALDEZ oil spill dated March 1990”.
- public vessel
means a vessel owned or bareboat chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when the vessel is engaged in commerce;
- removal
means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches;
- removal costs
means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident;
- responsible party
means the following:
- Secretary
means the Secretary of the department in which the Coast Guard is operating;
- security interest
has the meaning provided in ection 101(20)(H)(vi) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(vi)).1
- tank vessel
means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that—
- terminal facilities
means—
- territorial seas
means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of 3 miles;
- Under Secretary
means the Under Secretary of Commerce for Oceans and Atmosphere;
- vessel
means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, other than a public vessel;
- Vice Chair
means the Vice Chairperson of the Interagency Committee designated under subsection (c)(3).
- vicinity of the terminal facilities
means that geographical area surrounding the environment of terminal facilities which is directly affected or may be directly affected by the operation of the terminal facilities;
- worst case discharge
means—