§2701 Definitions

Summary

Defines key words used in the Act so people know what the words mean when the law is applied. It gives short meanings for 44 terms used elsewhere in the Act. Act of God — a sudden, major natural disaster that could not be avoided by careful planning. Barrel — 42 U.S. gallons at 60°F. Claim — a written demand for a fixed amount of money for damage or cleanup. Claimant — anyone or any government that files a claim. Damages — the kinds of harm listed in section 2702(b) and the cost to figure them out. Deepwater port — a facility licensed under the Deepwater Port Act of 1974. Discharge — any release of oil except natural seepage, such as spilling, leaking, pumping, pouring, emitting, emptying, or dumping. Exclusive economic zone — the zone named in Presidential Proclamation No. 5030 (March 10, 1983) and including certain “eastern special areas” from the U.S.–U.S.S.R. agreement signed June 1, 1990. Facility — any structure, equipment, or group of things (not a vessel) used to explore, drill, produce, store, handle, transfer, process, or move oil, and includes vehicles and pipelines used for those tasks. Foreign offshore unit — a facility on a foreign country’s territorial sea or continental shelf used for oil from that seabed. Fund — the Oil Spill Liability Trust Fund established by section 9509 of title 26. Gross ton — defined by the Secretary under part J of title 46. Guarantor — someone (not the responsible party) who proves financial responsibility for the responsible party. Incident — one or more events from the same cause that cause or threaten a major oil release. Indian tribe — an Indian group recognized by the U.S. and with government authority over its lands (not Alaska Native corporations). Lessee — someone holding an oil or gas lease under state law or the Outer Continental Shelf Lands Act. Liable/liability — the same standard used in section 1321. Mobile offshore drilling unit — a vessel (except a self-elevating lift vessel) that can be used as an offshore facility. National Contingency Plan — the plan under section 1321(d) or section 105 of CERCLA. Natural resources — land, water, air, fish, wildlife, and similar resources owned, managed, or held in trust by the U.S., states, tribes, or foreign governments. Navigable waters — U.S. waters, including the territorial sea. Offshore facility — any facility in, on, or under U.S. navigable waters or other waters under U.S. jurisdiction (not a vessel). Oil — oil of any kind (petroleum, fuel oil, sludge, oil refuse, oil mixed with wastes other than dredged spoil) but not substances listed as hazardous under CERCLA section 101(14)(A)–(F). Onshore facility — any facility on land in the United States (not submerged land). Outer Continental Shelf facility — an offshore facility on the Outer Continental Shelf used for oil from that area. Owner or operator — generally the person who owns, operates, or charters a vessel or facility, with specific rules for abandoned sites, transfers, governments, and some lenders, and certain exceptions for non-managing lenders and involuntary government owners. Person — individuals, companies, states, municipalities, and similar entities. Permittee — someone holding a permit for geological exploration under the Outer Continental Shelf Lands Act or state law. Public vessel — a vessel owned or chartered and operated by the U.S., a state, or a foreign nation, except when used in commerce. Remove/removal — actions to contain and take away oil or to limit damage to public health, wildlife, property, shorelines, and beaches. Removal costs — costs to remove oil after a discharge or to prevent a threatened discharge. Responsible party — the person or entity made responsible for a spill, with rules that vary for vessels, onshore/offshore facilities, foreign units, deepwater ports, pipelines, and abandoned facilities. Secretary — the head of the department that the Coast Guard is operating under. Tank vessel — a vessel built or adapted to carry oil or hazardous material in bulk and that is a U.S. vessel, operates on navigable waters, or transfers oil in U.S. jurisdiction. Territorial seas — the belt of seas measured from the low water line and extending seaward 3 miles. United States and State — the several States, D.C., Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, the Northern Marianas, and other U.S. territories. Vessel — any watercraft or machine used or able to be used for transport on water, except public vessels. Participate in management — actually taking part in running a vessel or facility; it does not include merely having the right to control or doing many common lender or monitoring actions. Extension of credit, financial or administrative function, foreclosure, lender, operational function, and security interest — have the meanings given in the specified parts of CERCLA.