legislation: 94-hr-12347
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 94-hr-12347 | 94 | hr | 12347 | Federal Oil Pollution Liability and Compensation Act | Environmental Protection | 1976-03-04 | 1976-03-04 | Referred to House Committee on Merchant Marine and Fisheries. | House | Rep. Studds, Gerry E. [D-MA-12] | MA | D | S001040 | 0 | Federal Oil Pollution Liability and Compensation Act - Prohibits the discharge of oil in harmful quantities (as determined by the President under the Federal Water Pollution Control Act). Prescribes criminal penalties for the failure of any person in charge of a vessel to notify the appropriate agency of the United States Government of such discharge. Directs the President to act to remove discharged oil unless he determines that such removal will be done properly and expeditiously by the owner or operator of the vessel, onshore or offshore facility, or deepwater port, from which the discharge occurs. Stipulates that all costs, including administrative, incurred by the President, Secretary, or any other Federal, State, or local official or agency, or any other person, of cleanup and other actions to minimize damages resulting from a discharge shall be borne by the owner and operator or licensee of the operation from which the discharge occurred (up to $150 per gross ton of the responsible vessel). Imposes strict liability on owners and operators of vessels, onshore and offshore facilities, and deepwater ports for damages caused by oil spills unless it can be shown that such discharge was caused by an act of war. Limits the liability of owners or operators of onshore and offshore facilities and licenses of deepwater ports to the following amounts: (1) $50,000,000 in the case of an offshore facility; (2) $50,000,000, in the case of an offshore facility; and (3) $100,000,000 in the case of a deepwater port. Establishes in the Department in which the Coast Guard is operating an agency to be known as the Federal Oil Pollution Liability and Compensation Administration to establish and maintain the Federal Oil Pollution Compensation Fund and to generally act as trustee of the natural resources of the marine environment. Authorizes disbursement of moneys from the Fund for payment of damages not actually compensated under this Act, cleanup costs, and research into methods to prevent, contain, and remove discharges. Stipulates that the Fund shall be provisioned through the levy and collection by the administration of a 3-cent-per-barrel fee imposed on the owner of oil when the oil is transferred between: (1) a vessel and an onshore or offshore facility; (2) offshore or onshore facilities; or (3) a vessel and a deepwater port. Requires each owner or operator of a vessel or onshore or offshore facility and each licensee to establish and maintain under rules and regulations prescribed by the Administrator, evidence of financial responsibility based on the tonnage of the vessel, the capacity of the facility or deepwater port, and other relevant factors. Requires owners or operators of self-propelled vessels of over three hundred gross registered tons to establish and maintain evidence of financial responsibility with the Federal Maritime Commission. Directs the Administrator to prescribe and from time to time change regulations for the filing, processing, settlement, and adjudication of claims for cleanup costs and damages resulting from the discharge of oil. Sets forth procedures for public access to information concerning any communication, document, report, or information transmitted between any official of the Federal Government and any person concerning liability and compensation for damage resulting from the discharge of oil. Authorizes the appropriation of such sums as may be necessary to carry out the purposes of this Act. | 2025-09-02T18:48:14Z |