§2701 Definitions

Summary

Defines the main words used in the oil-spill law so people know what the law means when it talks about spills, cleanup, and who is responsible. “act of God” — a sudden, very serious natural disaster that could not have been avoided; “barrel” — 42 United States gallons at 60°F; “claim” — a written demand for a set amount of money for damage or cleanup costs from an incident; “claimant” — anyone or any government that makes such a claim; “damages” — the kinds of harm listed in section 2702(b) plus the cost to figure those harms; “deepwater port” — a facility licensed under the Deepwater Port Act of 1974; “discharge” — any release of oil except natural seepage (for example spilling, leaking, pouring, dumping); “exclusive economic zone” — the zone set by Presidential Proclamation No. 5030 (March 10, 1983), including certain eastern areas noted in the 1990 U.S.–USSR maritime boundary agreement; “facility” — any non‑vessel structure or equipment used to explore, drill, produce, store, handle, transfer, process, or transport oil (includes vehicles and pipelines); “foreign offshore unit” — a facility in a foreign country’s territorial sea or continental shelf used for those oil activities; “Fund” — the Oil Spill Liability Trust Fund (section 9509 of title 26); “gross ton” — as defined by the Secretary under part J of title 46; “guarantor” — someone (not the responsible party) who shows financial responsibility for a responsible party; “incident” — one or more events from the same cause that cause or threaten a major oil release involving vessels or facilities; “Indian tribe” — tribes recognized by the U.S. that have government authority over their 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 liability standard in section 1321; “mobile offshore drilling unit” — a vessel (not a self-elevating lift vessel) that can be used as an offshore facility; “National Contingency Plan” — the plan made under section 1321(d) or revised under CERCLA section 105; “natural resources” — things like land, water, air, fish, wildlife, and supplies that belong to or are managed by the U.S., states, tribes, local governments, or foreign governments; “navigable waters” — U.S. waters including the territorial sea; “offshore facility” — any non‑vessel facility in or under U.S. navigable waters or other waters under U.S. jurisdiction; “oil” — any kind or form of oil (petroleum, fuel oil, sludge, oil mixed with wastes), but not substances listed as hazardous under CERCLA section 101(14)(A)–(F); “onshore facility” — any facility on land in the U.S. (not submerged land); “Outer Continental Shelf facility” — an offshore facility on the Outer Continental Shelf used for oil activities; “owner or operator” — who counts as an owner or operator for vessels, facilities, abandoned sites, government‑acquired sites, and certain lenders, with some listed exclusions; “person” — includes individuals, companies, partnerships, associations, states, cities, commissions, or interstate bodies; “permittee” — someone holding a permit for geological exploration under OCSLA section 11 or state law; “public vessel” — a vessel owned or bareboat 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 harm to public health, wildlife, property, shorelines, and beaches; “removal costs” — costs spent after a discharge or to prevent or reduce a threatened discharge; “responsible party” — the person(s) who are responsible for a vessel, onshore facility, offshore facility, foreign offshore unit, deepwater port, pipeline, or abandoned facility, as specified in several subparts; “Secretary” — the Secretary of the department that the Coast Guard is in; “tank vessel” — a vessel built or used to carry oil or hazardous cargo in bulk that is a U.S. vessel, operates on U.S. navigable waters, or transfers oil where the U.S. has jurisdiction; “territorial seas” — the sea belt measured from the low-water line seaward to 3 miles; “United States” and “State” — the several States, D.C., Puerto Rico, Guam, American Samoa, U.S. Virgin Islands, Northern Marianas, and other U.S. territories; “vessel” — any watercraft or other artificial contrivance used or able to be used for transportation on water, except public vessels; “participate in management” — actually take part in managing a vessel or facility (not merely having the power to influence); and several other terms (extension of credit, financial/administrative function, foreclosure, lender, operational function, security interest) are defined by cross-reference to CERCLA section 101(20)(H).