1990—Subsec. (a)(1). Pub. L. 101–380, § 8101(a), substituted “caused solely by” for “caused by”.
Subsec. (a)(2). Pub. L. 101–380, § 8101(b), substituted “$350,000,000” for “$50,000,000” in two places.
Subsec. (b). Pub. L. 101–380, § 8101(c), inserted “in the State of Alaska” after “any area”, “related to the Trans-Alaska Pipeline System, including operation of the terminal,” after “any activities”, and “or State” after “any other Federal”.
Subsec. (c). Pub. L. 101–380, § 8102(a)(1), struck out subsec. (c) which related to liability for discharges of oil loaded at terminal facilities and to establishment of Trans-Alaska Pipeline Liability Fund.
Subsec. (c)(2). Pub. L. 101–380, § 8102(b), substituted “caused solely by” for “caused by”.
Subsec. (c)(3). Pub. L. 101–380, § 8102(d), inserted at end “The Fund shall expeditiously pay claims under this subsection, including such $14,000,000, if the owner or operator of a vessel has not paid any such claim within 90 days after such claim has been submitted to such owner or operator. Upon payment of any such claim, the Fund shall be subrogated under applicable State and Federal laws to all rights of any person entitled to recover under this subsection. In any action brought by the Fund against an owner or operator or an affiliate thereof to recover amounts under this paragraph, the Fund shall be entitled to recover prejudgment interest, costs, reasonable attorney’s fees, and, in the discretion of the court, penalties.”
Subsec. (c)(4). Pub. L. 101–380, § 8102(e), designated existing provisions as par. (A) and added pars. (B) and (C).
Subsec. (c)(5). Pub. L. 101–380, § 8102(a)(4), inserted before period at end of second sentence “, except that after
Subsec. (c)(13), (14). Pub. L. 101–380, § 8102(c), added pars. (13) and (14).
Amendment by Pub. L. 101–380 applicable to incidents occurring after
Pub. L. 101–380, title VIII, § 8102(a)(5)(A), “(i) all claims arising under section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) have been resolved,“(ii) all actions for the recovery of amounts subject to section 204(c) of the Trans-Alaska Pipeline Authorization Act have been resolved, and“(iii) all administrative expenses reasonably necessary for and incidental to the implementation of section 204(c) of the Trans-Alaska Pipeline Authorization Act have been paid.”
Pub. L. 101–380, title VIII, § 8102(a)(3),
Pub. L. 105–277, div. A, § 101(g) [title III, § 329(a), (b)], “(a) Notwithstanding any other provision of law, the remainder of the balance in the Trans-Alaska Pipeline Liability Fund that is transferred and deposited into the Oil Spill Liability Trust Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990 (43 U.S.C. 1653 note) after “(b) The interest produced from the investment of the Trans-Alaska Pipeline Liability Fund balance that is transferred and deposited into the Oil Spill Liability Trust Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990 [Pub. L. 101–380] (43 U.S.C. 1653 note) after
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Pub. L. 101–380, title VIII, § 8102(a)(2), “(A) The trustees of the Trans-Alaska Pipeline Liability Fund (hereafter in this subsection referred to as the ‘TAPS Fund’) shall reserve the following amounts in the TAPS Fund—“(i) necessary to pay claims arising under section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)); and“(ii) administrative expenses reasonably necessary for and incidental to the implementation of section 204(c) of that Act.“(B) After the Comptroller General of the United States certifies that the requirements of subparagraph (A) have been met, the trustees of the TAPS Fund shall dispose of the balance in the TAPS Fund after the reservation of amounts are made under subparagraph (A) by—“(i) rebating the pro rata share of the balance to the State of Alaska for its contributions as an owner of oil, which, except as otherwise provided under article IX, section 15, of the Alaska Constitution, shall be used for the remediation of above-ground storage tanks; and then“(ii) transferring and depositing the remainder of the balance into the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509).“(C) After payment of all claims arising from an incident for which funds are reserved under subparagraph (A) and certification by the Comptroller General of the United States that the claims arising from that incident have been paid, the excess amounts, if any, for that incident shall be disposed of as set forth under subparagraphs (A) and (B).“(D) The amounts transferred and deposited in the Fund shall be available for the purposes of section 1012 of the Oil Pollution Act of 1990 [33 U.S.C. 2712] after funding sections 5001 [33 U.S.C. 2731] and 8103 [43 U.S.C. 1651 note] to the extent that funds have not otherwise been provided for the purposes of such sections.”
Pub. L. 101–380, title VIII, § 8102(a)(5)(B),
Pub. L. 101–380, title VIII, § 8102(a)(6),