Title 33 › CHAPTER 40 — OIL POLLUTION › SUBCHAPTER I — OIL POLLUTION LIABILITY AND COMPENSATION › § 2701
Defines key words used in the law so people know what the words mean. An "act of God" is a sudden, very serious natural disaster that could not have been prevented. A "barrel" is 42 United States gallons at 60°F. A "claim" is a written request for a specific money amount for damage or cleanup. A "claimant" is anyone or any government making a claim. "Damages" means the kinds of losses listed in the law and the cost to measure them. A "deepwater port" is a facility licensed under the Deepwater Port Act of 1974. A "discharge" is any release of oil other than natural seepage, such as spilling or leaking. The "exclusive economic zone" is the area set by Presidential Proclamation No. 5030 (March 10, 1983) and includes certain eastern areas described in an agreement signed June 1, 1990. A "facility" is any non‑vessel structure or equipment used to explore, drill, produce, store, handle, transfer, process, or transport oil, and includes vehicles and pipelines used for those jobs. A "foreign offshore unit" is a facility on a foreign country’s continental shelf or territorial sea used for those oil activities. The "Fund" is the Oil Spill Liability Trust Fund (section 9509 of title 26). "Gross ton" is defined by the Secretary under title 46, part J. A "guarantor" is someone (other than the responsible party) who shows financial responsibility for a responsible party. An "incident" is one or more events from the same cause that cause or threaten an oil discharge. An "Indian tribe" is a recognized tribe with government authority over its lands, but not Alaska Native corporations. A "lessee" holds an oil or gas lease under state law or the Outer Continental Shelf Lands Act. "Liable" or "liability" uses the standard from section 1321. A "mobile offshore drilling unit" is a vessel that can serve as an offshore facility. The "National Contingency Plan" is the federal spill‑response plan prepared under section 1321(d) or revised under section 105 of CERCLA (42 U.S.C. 9605). "Natural resources" lists land, fish, wildlife, air, water, groundwater, drinking supplies, and similar resources of the U.S., states, tribes, local governments, or foreign governments (including the exclusive economic zone). "Navigable waters" means U.S. waters, including the territorial sea. An "offshore facility" is any non‑vessel facility in U.S. navigable waters or other waters under U.S. jurisdiction. "Oil" means oil in any form (petroleum, fuel oil, sludge, oil mixed with wastes) but not substances listed as hazardous under CERCLA section 101(14)(A)–(F). An "onshore facility" is any facility on land in the United States. An "Outer Continental Shelf facility" is an offshore facility on the Outer Continental Shelf used for the listed oil activities. "Owner or operator" covers who owns, operates, or chartered a vessel or who owns or operates onshore/offshore/foreign facilities, includes prior owners before abandonment, and can include a government that involuntarily acquired title or a lender that actually manages environmental compliance; it excludes governments that involuntarily acquired title and lenders who only hold security interests and do not manage. "Person" includes individuals, corporations, partnerships, states, municipalities, and similar bodies. A "permittee" holds a permit for geological exploration under the Outer Continental Shelf Lands Act or state law. A "public vessel" is a vessel owned or chartered and operated by the U.S., a state, or foreign nation except when engaged in commerce. "Remove" or "removal" means containing and taking oil or hazardous substances from water or shorelines or other actions to reduce harm. "Removal costs" are costs spent after an oil discharge or to prevent or reduce a threatened discharge. "Responsible party" names who is responsible for vessels, onshore facilities, offshore facilities, foreign facilities, deepwater ports, pipelines, and abandoned facilities, and includes the owner of oil transported in a tank vessel with a single hull after December 31, 2010. "Secretary" means the Secretary of the department where the Coast Guard operates. A "tank vessel" is a vessel built or used to carry oil or hazardous materials in bulk and that is a U.S. vessel, operates on navigable waters, or transfers oil in U.S. jurisdiction. "Territorial seas" extend 3 miles seaward from ordinary low water along the coast. "United States" and "State" list the states, District of Columbia, Puerto Rico, Guam, American Samoa, U.S. Virgin Islands, Northern Marianas, and other U.S. territories. A "vessel" is any watercraft used or usable for transport on water, except a public vessel. "Participate in management" means actually taking part in running a vessel or facility; many lender or oversight actions are listed that do not count as participating in management. The terms "extension of credit," "financial or administrative function," "foreclosure," "lender," "operational function," and "security interest" have the meanings given in CERCLA section 101(20)(H) (42 U.S.C. 9601(20)(G)).
Full Legal Text
Navigation and Navigable Waters, Source: USLM XML via OLRC
Legislative History
Reference
Citation
33 U.S.C. § 2701
Title 33, Navigation and Navigable Waters
Last Updated
Sep 23, 2026
Release point: 119-110