[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR300.335]

[Page 53-54]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 300_NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN
--Table of Contents
 
          Subpart D_Operational Response Phases for Oil Removal
 
Sec.  300.335  Funding.

    (a) The OSLTF is available under certain circumstances to fund 
removal of oil performed under section 311 of the CWA. Those 
circumstances and the procedures for accessing the OSLTF are described 
in 33 CFR part 136. The responsible party is liable for costs of federal 
removal and damages in accordance with section 311(f) of the CWA, 
section 1002 of the OPA, and other federal laws.
    (b) Where the OSC requests assistance from a federal agency, that 
agency may be reimbursed in accordance with the provisions of 33 CFR 
part 136. Specific interagency reimbursement agreements may be used when 
necessary to ensure that the federal resources will be available for a 
timely response to a discharge of oil.
    (c) Procedures for funding the initiation of natural resource damage 
assessment are covered in 33 CFR part 136.
    (d) Response actions other than removal, such as scientific 
investigations not in support of removal actions or law enforcement, 
shall be provided by the agency with legal responsibility for those 
specific actions.

[[Page 54]]

    (e) The funding of a response to a discharge from a federally owned, 
operated, or supervised facility or vessel is the responsibility of the 
owning, operating, or supervising agency if it is a responsible party.
    (f) The following agencies have funds available for certain 
discharge removal actions:
    (1) DOD has two specific sources of funds that may be applicable to 
an oil discharge under appropriate circumstances. This does not consider 
military resources that might be made available under specific 
conditions.
    (i) Funds required for removal of a sunken vessel or similar 
obstruction of navigation are available to the Corps of Engineers 
through Civil Works Appropriations, Operations and Maintenance, General.
    (ii) USN may conduct salvage operations contingent on defense 
operational commitments, when funded by the requesting agency. Such 
funding may be requested on a direct cite basis.
    (2) Pursuant to Title I of the OPA, the state or states affected by 
a discharge of oil may act where necessary to remove such discharge. 
Pursuant to 33 CFR part 136 states may be reimbursed from the OSLTF for 
the reasonable costs incurred in such a removal.