Foreign Spill Protection Act of 2016

To amend the Oil Pollution Act of 1990 to impose penalties and provide for the recovery of removal costs and damages in connection with certain discharges of oil from foreign offshore units, and for other purposes. 1. Short title This Act may be cited as the Foreign Spill Protection Act of 2016 2. Liability of owners and operators of foreign facilities (a) Oil Pollution Act of 1990 amendments (1) Definitions Section 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 (A) in paragraph (26)(A)— (i) in clause (ii), by striking onshore or offshore facility, any person onshore facility, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, including a facility located in, on, or under any land within a foreign country, any person (ii) in clause (iii), by striking offshore facility, the person who offshore facility or foreign offshore unit or other facility located seaward of the exclusive economic zone, including a facility located in, on, or under any land within a foreign country, the person or entity that (B) in paragraph (27), by inserting before the semicolon at the end the following: , including any foreign individual and any foreign public or private entity (C) in paragraph (32)— (i) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; (ii) by inserting after subparagraph (C) the following: (D) Foreign facilities In the case of a foreign offshore unit or other facility located seaward of the exclusive economic zone, including a facility located in, on, or under any land within a foreign country, any person owning or operating the facility, and any leaseholder, permit holder, assignee, or holder of a right of use and easement granted under applicable foreign law for the area in which the facility is located. ; and (iii) in subparagraph (G) (as so redesignated), by striking or offshore facility, the persons offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, including a facility located in, on, or under any land within a foreign country, the persons or entities (2) Actions on behalf of fund Section 1015(c) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2715(c) , or any other facility located seaward of the exclusive economic zone, including a facility located in, on, or under any land within a foreign country (b) Federal Water Pollution Control Act amendment Section 311(a)(6) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(a)(6) (B) and (C) (B) in the case of a facility, any person owning or operating the facility, and (C)

Summary: Foreign Spill Protection Act of 2016 This bill amends the Oil Pollution Act of 1990 to make foreign facilities that are located offshore and outside the exclusive economic zone (EEZ) liable for removal costs and damages that result from oil spills that reach (or threaten to reach) U.S. navigable waters, adjoining shorelines, or the EEZ. Specifically, the following parties may be held liable: (1) the owners or operators of the foreign facilities, including facilities located in, on, or under any land within foreign countries; and (2) the holders of a right of use and easement granted under applicable foreign law for the area in which the facility is located.