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Title 33 — Navigation and Navigable Waters

Chapter 28 — Pollution Casualties on the High Seas: United States Intervention

§ 1479. Federal liability for unreasonable damages

Statutory text

(a)

Payment of compensation

The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in section 1472 of this title.

(b)

Jurisdiction

Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Federal Claims, in any district court of the United States, and in those courts enumerated in section 460 of title 28. For purposes of this chapter, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam.

(c)

Burden of proof

With respect to intervention for a substance identified pursuant to section 1473(a) of this title, the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Intervention on the High Seas Act

    Pub. L. 93–248 § 10 · [88 Stat. 8]

    Enacted · 33 U.S.C. § 1479

    Pub. L. 93–248, § 10, Feb. 5, 1974, 88 Stat. 10

    Source evidence

    Code source credit
    Pub. L. 93–248, § 10, Feb. 5, 1974, 88 Stat. 10

    Enacted provision · exact public law section
    Sec. 10. (a) The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in section 3. Jurisdiction.(b) Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Claims, in any district court of the United States, and in those courts enumerated in section 460 of title 28. United States Code. For purposes of this Act, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam.

  2. Pub. L. 95–302 § 1(4) · 92 Stat. 344

    Added · 33 U.S.C. § 1479(c)

    Pub. L. 95–302 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–302 added subsec. (c).

    Enacted provision · exact public law section
    (1) Section 2 is amended to read as follows: “Sec. 2. As used in this Act— “(1) ‘a substance other than convention oil’ means those oils, noxious substances, liquefied gases, and radioactive substances— “(A) enumerated in the protocol, or “(B) otherwise determined to be hazardous under section 4(a); “(2) ‘convention’ means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, including annexes thereto: “(3) ‘convention oil’ means crude oil, fuel oil, diesel oil, and lubricating oil; “(4) ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating; “(5) ‘ship’ means— “(A) a seagoing vessel of any type whatsoever, and “(B) any floating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed and the ocean floor and the subsoil thereof; “(6) ‘protocol’ means the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other Than Oil, 1973, including annexes thereto; and “(7) ‘United States’ means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mananas, and any other commonwealth, territory, or possession of the United States.”.

  3. Federal Courts Improvement Act of 1982

    Pub. L. 97–164 title I § 161(6) · 96 Stat. 25

    Substituted · 33 U.S.C. § 1479(b)

    Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”.

    Enacted provision · exact public law section
    (6) Section 10(b) of the Intervention on the High Seas Act (33 U.S.C. 1479(b)).

  4. Court of Federal Claims Technical and Procedural Improvements Act of 1992

    Pub. L. 102–572 title IX § 902(b)(1) · 106 Stat. 4506

    Substituted · 33 U.S.C. § 1479(b)

    Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

    Enacted provision · exact public law section
    (1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; and

    Effective date note
    Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments1978–1992 · 3 rounds

1992

Subsec. (b). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1982

Subsec. (b). Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”.

1978

Subsec. (c). Pub. L. 95–302 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective , see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective , see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1978 Amendment

For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title.

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Credits

1974–1992 · 4 acts
  1. 1974Pub. L. 93–248, § 10, , 88 Stat. 10
  2. 1978Pub. L. 95–302, § 1(4), , 92 Stat. 345
  3. 1982Pub. L. 97–164, title I, § 161(6), , 96 Stat. 49
  4. 1992Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516.
Show as published

(Pub. L. 93–248, § 10, , 88 Stat. 10; Pub. L. 95–302, § 1(4), , 92 Stat. 345; Pub. L. 97–164, title I, § 161(6), , 96 Stat. 49; Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516.)

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