33 USC § 1479 - Federal liability for unreasonable damages

---
identifier: "/us/usc/t33/s1479"
source: "usc"
legal_status: "official_prima_facie"
title: "33 USC § 1479 - Federal liability for unreasonable damages"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
section_number: "1479"
section_name: "Federal liability for unreasonable damages"
chapter_number: 28
chapter_name: "POLLUTION CASUALTIES ON THE HIGH SEAS: UNITED STATES INTERVENTION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 93–248, § 10, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95–302, § 1(4), June 26, 1978, 92 Stat. 345; Pub. L. 97–164, title I, § 161(6), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)"
---


# § 1479. Federal liability for unreasonable damages

**(a)** **Payment of compensation** section 1472 of this title

The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in .

**(b)** **Jurisdiction** section 460 of title 28

Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Federal Claims, in any district court of the United States, and in those courts enumerated in . For purposes of this chapter, American Samoa shall be included within the judicial district of the District Court of the United 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.

**(c)** **Burden of proof** section 1473(a) of this title

With respect to intervention for a substance identified pursuant to , the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.

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**Source Credit**: (Pub. L. 93–248, § 10, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95–302, § 1(4), June 26, 1978, 92 Stat. 345; Pub. L. 97–164, title I, § 161(6), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

## Editorial Notes

### Amendments

1992—Subsec. (b).  substituted “United States Court of Federal Claims” for “United States Claims Court”.

1982—Subsec. (b).  substituted “Claims Court” for “Court of Claims”.

1978—Subsec. (c).  added subsec. (c).

## Statutory Notes and Related Subsidiaries

### Effective Date of 1992 Amendment

Amendment by  effective , see , set out as a note under , Judiciary and Judicial Procedure.

### Effective Date of 1982 Amendment

Amendment by  effective , see , set out as a note under , Judiciary and Judicial Procedure.

### Effective Date of 1978 Amendment

For effective date of amendment by , see , set out as a note under .

## Executive Documents

### Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding , Territories and Insular Possessions.