Intervention on the High Seas Act
PL 93-248 (S.1070), enacted 02/05/1974

PUBLIC LAW 93-248-FEB. 5, 1974 
[88 STAT. 
Report to 
President and 
C ongre s s. 
and neglect administered or assisted under this Act with such pro-
grams and activities administered or assisted by the Federal agencies 
whose representatives are members of the Advisory Board. The 
Advisory Board shall also assist the Secretary in the development of 
Federal standards for child abuse and neglect prevention and treat-
ment programs and projects. 
(b) The Advisory Board shall prepare and submit, within eighteen 
months after the date of enactment of this Act, to the President and 
to the Congress a report on the programs assisted under this Act and 
the programs, projects, and activities related to child abuse and neglect 
administered or assisted by the Federal agencies whose representatives 
are members of the Advisory Board. Such report Shall include a study 
of the relationship between drug addiction and child abuse and neglect. 
(c) Of the funds appropriated under section 5, one-half of 1 per 
centum, or $1,000,000, whichever is the lesser, may be used by the 
Secretary only for purposes of the report under subsection (b). 
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COORDINATION 
SEC. 7. The Secretary shall promulgate regulations and make such 
arrangements as may be necessary or appropriate to ensure that there 
is effective coordination between programs related to child abuse and 
neglect under this Act and other such programs which are assisted by 
Federal funds. 
Approved January 31, 1974, 
February 5, 1974 
[S.1070] 
Public Law 93-248 
AN ACT 
To implement the International Convention Relating to Intervention on the 
High Seas in Cases of Oil Pollution Casualties, 1969. 
Intervention on 
the High Seas 
Act. 
33 use 1471 
note. 
Definitions. 
33 
use 
1471. 
33 
use 
1472. 
Be if enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Intervention on the High Seas Act". 
SEC. 2. As used in this Act— 
(1) "ship" means— 
(A) any seagoing vessel of any type whatsoever, and 
(B) any floating craft, except an installation or device 
engaged in the exploration and exploitation of the resources 
of the seabed and the ocean floor and the subsoil thereof; 
(2) "oil" means crude oil, fuel oil, diesel oil, and lubricating 
oil; 
(3) "convention" means the International Convention Relating 
to Intervention on the High Seas in Cases of Oil Pollution Cas-
ualties, 19(59; 
(4) "Secretary" means the Secretary of the department in which 
the Coast Guard is operating; and 
(5) "United States" means the States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Canal Zone, Guam, 
American Samoa, the Virgin Islands, and the Trust Territory of 
the Pacific Islands. 
SEC. 3, Whenever a ship collision, stranding, or other incident of 
navigation or other occurrence on board a ship or external to it result-
ing in material damage or imminent threat of material damage to the 
ship or her cargo creates, as determined by the Secretary, a grave and 
imminent danger to the coastline or related interests of the United 
States from pollution or threat of pollution of the sea by oil which 
88 STAT. ] 
PUBLIC LAW 93-248-FEB. 5, 1974 
may reasonably be expected to result in major harmful consequences, 
the Secretary may, except as provided for in section 10, without lia-
bility for any damage to the owners or operators of the ship, to her 
cargo or crew, or to underwriters or other parties interested therein, 
take measures on the high seas, in accordance with the provisions of 
the Convention and this Act, to prevent, mitigate, or eliminate that 
danger. 
SEC. 4. In determining whether there is grave and imminent danger 
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of major harmful consequences to the coastline or related interests of 
the United States, the Secretary shall consider the interests of the 
United States directly threatened or affected including but not limited 
to, fish, shellfish, and other living marine resources, wildlife, coastal 
zone and estuarine activities, and public and private shorelines and 
beaches. 
SEC. 5. Upon a determination under section 3 of this Act of a grave 
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and imminent danger to the coastline or related interests of the United 
States, the Secretary may— 
(1) coordinate and direct all public and private efforts directed 
at the removal or elimination of the threatened pollution damage; 
(2) directly or indirectly undertake the whole or any part of 
any salvage or other action he could require or direct under sub-
section (1) of this section; and 
(3) remove, and, if necessary, destroy the ship and cargo which 
is the source of the danger. 
SEC. 6. Before taking any measure under section 5 of this Act, the 
^^ ^^'^ ^'*^^' 
Secretary shall— 
(1) consult, through the Secretary of State, with other countries 
consultation. 
affected by the marine casualty, and particularly with the flag 
country of any ship involved; 
(2) notify without delay the Administrator of the Environ- 
Notification. 
mental Protection Agency and any other persons known to the 
Secretary, or of whom he later becomes aware, who have interests 
which can reasonably be expected to be affected by any proposed 
measures; and 
(3) consider any views submitted in response to the consultation 
or notification required by subsections (1) and (2) of this section. 
SEC. 7. In cases of extreme urgency requiring measures to be taken 
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immediately, the Secretary may take those measures rendered neces-
sary by the .urgency of the situation without the prior consultation or 
notification as required by section 6 of this Act or without the con-
tinuation of consultations already begun. 
SEC. 8. (a) Measures directed or conducted under this Act shall 
^^ "^^ ^'*^'* 
be proportionate to the damage, actual or threatened, to the coastline 
or related interests of the United States and may not go beyond 
what is reasonably necessary to prevent, mitigate, or eliminate that 
damage. 
(b) In considering whether measures are proportionate to the 
damage the Secretary shall, among other things, consider— 
(1) the extent and probability of imminent damage if those 
measures are not taken; 
(2) the likelihood of effectiveness of those measures; and 
(3) the extent of the damage which may be caused by those 
measures. 
SEC. 9. In the direction and conduct of measures under this Act the 
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Secretary shall use his best endeavors to— 
(1) assure the avoidance of risk to human life; 
(2) render all possible aid to distressed persons, including 
facilitating repatriation of ships' crews; and 
(3) not unnecessarily interfere with rights and interests of 
10 
PUBLIC LAW 93-248-FEB. 5, 1974 
[88 STAT. 
Compensation. 
33 u s e 1479. 
Jurisdiction. 
Notification. 
33 u s e 1480. 
Violations. 
33 u s e 1481. 
Penalty. 
Experts, nomi-
nation. 
33 u s e 1482. 
Negotiators, 
conciliators, or 
arbitrators, desig-
nation or nomi-
nation. 
33 u s e 1483. 
33 u s e 1484. 
Rules and 
regulations. 
33 u s e 1485. 
33 u s e 1486. 
33 u s e 1321, 
Effective date. 
33 u s e 1487. 
others, including the flag state of any ship involved, other foreign 
states threatened by damage, and persons otherwise concerned. 
SEC. 10. (a) The United States shall be obliged to pay compensation 
to the extent of the damage caused by measures Avhich exceed those 
reasonably necessary to achieve the end mentioned in section 3. 
(b) Actions against the LTnited States seeking compensation for 
any excessive measures may be brought in the United States Court 
of Claims, in any district court of the United States, and in those 
"courts enumerated in section 460 of title 28, United States Code. For 
purposes of this Act, American Samoa shall be included Avithin the 
judicial district of the District Court of the L^^nited States for the 
District of Hawaii, and the Trust Territory of the Pacific Islands 
shall be included within the judicial districts of both the District 
Court of the United States for the District of Hawaii and the District 
Court of Guam. 
SEC. 11. The Secretary of State shall notify without delay foreign 
states concerned, the Secretary-General of the Inter-Governmental 
Maritime Consultative Organization, and persons affected by measures 
taken under this Act. 
SEC. 12. (a) Any person who— 
(1) willfully violates a provision of this Act or a regulation 
issued thereunder; or 
(2) willfully refuses or fails to comply Avith any lawful order 
or direction given pursuant to this Act; or 
(3) willfully obstructs any person who is acting in compliance 
with an order or direction under this Act, shall be fined not more 
than $10,000 or imprisoned not more than one year, or both. 
(b) In a criminal proceeding for an offense under paragraph (1) 
or (2) of subsection (a) of this section it shall be a defense for the 
accused to prove that he used all due diligence to comply with any 
order or direction or that he had reasonable cause to believe that com-
pliance would have resulted in serious risk to human life. 
SEC. 13. (a) The Secretary, in consultation with the Secretary of 
State and the Administrator of the Environmental Protection Agency, 
may nominate individuals to the list of experts provided for in article 
I I I of the convention. 
(b) The Secretary of State, in consultation with the Secretary, shall 
designate or nominate, as appropriate and necessary, the negotiators, 
conciliators, or arbitrators provided for by the convention and the 
annexes thereto. 
SEC. 14. No measures may be taken under authority of this Act 
against any warship or other ship owned or operated by a country 
and used, for the time being, only on Government noncommercial 
service. 
SEC. 15. This Act shall be interpreted and administered in a manner 
consistent with the convention and other international law. Except as 
specifically provided, nothing in this Act may be interpreted to preju-
dice any otherwise applicable right, duty, privilege, or immunity or 
deprive any country or person of any remedy otherwise applicable. 
SEC. 16. The Secretary may issue reasonable rules and regulations 
which he considers appropriate and necessary for the effective imple-
mentation of this Act. 
SEC. 17. The revolving fund established under section 311 (k) of the 
Federal Water Pollution Control Act shall be aAailable to the Secre-
tary for Federal actions and activities under section 5 of this Act. 
SEC. 18. This Act shall be effective upon the date of enactment, or 
upon the date the convention becomes effectiA e as to the United States, 
whichever is later. 
Approved February 5, 1974.