Oil Pollution Control Act of 1990

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OIL POLLUTION ACT OF 1990

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December 29, 2000

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December 29, 2000

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OIL POLLUTION ACT OF 1990
[As Amended Through P.L. 106–580, Dec. 29, 2000]
AN ACT To establish limitations on liability for damages resulting from oil pollution, to establish a fund for the payment of compensation for such damages, and
for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Oil Pollution Act of 1990’’.
(33 U.S.C. 2701 note)
SEC. 2. TABLE OF CONTENTS.

The contents of this Act are as follows:
TITLE I—OIL POLLUTION LIABILITY AND COMPENSATION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1001.
1002.
1003.
1004.
1005.
1006.
1007.
1008.
1009.
1010.
1011.
1012.
1013.
1014.
1015.
1016.
1017.
1018.
1019.
1020.

Definitions.
Elements of liability.
Defenses to liability.
Limits on liability.
Interest.
Natural resources.
Recovery by foreign claimants.
Recovery by responsible party.
Contribution.
Indemnification agreements.
Consultation on removal actions.
Uses of the Fund.
Claims procedure.
Designation of source and advertisement.
Subrogation.
Financial responsibility.
Litigation, jurisdiction, and venue.
Relationship to other law.
State financial responsibility.
Application.

Sec.
Sec.
Sec.
Sec.

2001.
2002.
2003.
2004.

Intervention on the High Seas Act.
Federal Water Pollution Control Act.
Deepwater Port Act.
Outer Continental Shelf Lands Act Amendments of 1978.

TITLE II—CONFORMING AMENDMENTS

TITLE III—INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL
Sec.
Sec.
Sec.
Sec.
Sec.

3001.
3002.
3003.
3004.
3005.
235

December 29, 2000

Sense of Congress regarding participation in international regime.
United States-Canada Great Lakes oil spill cooperation.
United States-Canada Lake Champlain oil spill cooperation.
International inventory of removal equipment and personnel.
Negotiations with Canada concerning tug escorts in Puget Sound.

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TITLE IV—PREVENTION AND REMOVAL
Subtitle A—Prevention
Sec. 4101. Review of alcohol and drug abuse and other matters in issuing licenses,
certificates of registry, and merchant mariners’ documents.
Sec. 4102. Term of licenses, certificates of registry, and merchant mariners’ documents; criminal record reviews in renewals.
Sec. 4103. Suspension and revocation of licenses, certificates of registry, and merchant mariners’ documents for alcohol and drug abuse.
Sec. 4104. Removal of master or individual in charge.
Sec. 4105. Access to National Driver Register.
Sec. 4106. Manning standards for foreign tank vessels.
Sec. 4107. Vessel traffic service systems.
Sec. 4108. Great Lakes pilotage.
Sec. 4109. Periodic gauging of plating thickness of commercial vessels.
Sec. 4110. Overfill and tank level or pressure monitoring devices.
Sec. 4111. Study on tanker navigation safety standards.
Sec. 4112. Dredge modification study.
Sec. 4113. Use of liners.
Sec. 4114. Tank vessel manning.
Sec. 4115. Establishment of double hull requirement for tank vessels.
Sec. 4116. Pilotage.
Sec. 4117. Maritime pollution prevention training program study.
Sec. 4118. Vessel communication equipment regulations.
Sec.
Sec.
Sec.
Sec.
Sec.

4201.
4202.
4203.
4204.
4205.

Subtitle B—Removal
Federal removal authority.
National planning and response system.
Coast Guard vessel design.
Determination of harmful quantities of oil and hazardous substances.
Coastwise oil spill response endorsements.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

4301.
4302.
4303.
4304.
4305.
4306.

Subtitle C—Penalties and Miscellaneous
Federal Water Pollution Control Act penalties.
Other penalties.
Financial responsibility civil penalties.
Deposit of certain penalties into oil spill liability trust fund.
Inspection and entry.
Civil enforcement under Federal Water Pollution Control Act.

TITLE V—PRINCE WILLIAM SOUND PROVISIONS
Oil spill recovery institute.
Terminal and tanker oversight and monitoring.
Bligh Reef light.
Vessel traffic service system.
Equipment and personnel requirements under tank vessel and facility
response plans.
Sec. 5006. Funding.
Sec. 5007. Limitation.
øSec. 5008. North Pacific Marine Research Institute.¿
Sec.
Sec.
Sec.
Sec.
Sec.

5001.
5002.
5003.
5004.
5005.

Sec.
Sec.
Sec.
Sec.

6001.
6002.
6003.
6004.

TITLE VI—MISCELLANEOUS
Savings provisions.
Annual appropriations.
Outer Banks protection.
Cooperative development of common hydrocarbon-bearing areas.

TITLE VII—OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
Sec. 7001. Oil pollution research and development program.
TITLE VIII—TRANS-ALASKA PIPELINE SYSTEM
Sec. 8001. Short title.
Subtitle A—Improvements to Trans-Alaska Pipeline System
Sec. 8101. Liability within the State of Alaska and cleanup efforts.
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Sec. 1001

Sec. 8102. Trans-Alaska Pipeline Liability Fund.
Sec. 8103. Presidential task force.
Subtitle B—Penalties
Sec. 8201. Authority of the Secretary of the Interior to impose penalties on Outer
Continental Shelf facilities.
Sec. 8202. Trans-Alaska pipeline system civil penalties.
Subtitle C—Provisions Applicable to Alaska Natives
Sec. 8301. Land conveyances.
Sec. 8302. Impact of potential spills in the Arctic Ocean on Alaska Natives.
TITLE IX—AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND, ETC
Sec. 9001. Amendments to Oil Spill Liability Trust Fund.
Sec. 9002. Changes relating to other funds.

TITLE I—OIL POLLUTION LIABILITY
AND COMPENSATION
SEC. 1001. DEFINITIONS.

For the purposes of this Act, the term—
(1) ‘‘act of God’’ means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not
have been prevented or avoided by the exercise of due care or
foresight;
(2) ‘‘barrel’’ means 42 United States gallons at 60 degrees
fahrenheit;
(3) ‘‘claim’’ means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting
from an incident;
(4) ‘‘claimant’’ means any person or government who presents a claim for compensation under this title;
(5) ‘‘damages’’ means damages specified in section 1002(b) of
this Act, and includes the cost of assessing these damages;
(6) ‘‘deepwater port’’ is a facility licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501–1524);
(7) ‘‘discharge’’ means any emission (other than natural
seepage), intentional or unintentional, and includes, but is not
limited to, spilling, leaking, pumping, pouring, emitting,
emptying, or dumping;
(8) ‘‘exclusive economic zone’’ means the zone established by
Presidential Proclamation Numbered 5030, dated March 10,
1983, including the ocean waters of the areas referred to as
‘‘eastern special areas’’ in Article 3(1) of the Agreement between the United States of America and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June 1,
1990;
(9) ‘‘facility’’ means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or
more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil. This term includes any motor vehicle, rolling stock,
or pipeline used for one or more of these purposes;
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(10) ‘‘foreign offshore unit’’ means a facility which is located,
in whole or in part, in the territorial sea or on the continental
shelf of a foreign country and which is or was used for one or
more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the seabed beneath the foreign country’s territorial sea or from the foreign country’s continental
shelf;
(11) ‘‘Fund’’ means the Oil Spill Liability Trust Fund, established by section 9509 of the Internal Revenue Code of 1986
(26 U.S.C. 9509);
(12) ‘‘gross ton’’ has the meaning given that term by the Secretary under part J of title 46, United States Code;
(13) ‘‘guarantor’’ means any person, other than the responsible party, who provides evidence of financial responsibility for
a responsible party under this Act;
(14) ‘‘incident’’ means any occurrence or series of occurrences
having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the discharge or
substantial threat of discharge of oil;
(15) ‘‘Indian tribe’’ means any Indian tribe, band, nation, or
other organized group or community, but not including any
Alaska Native regional or village corporation, which is recognized as eligible for the special programs and services provided
by the United States to Indians because of their status as Indians and has governmental authority over lands belonging to or
controlled by the tribe;
(16) ‘‘lessee’’ means a person holding a leasehold interest in
an oil or gas lease on lands beneath navigable waters (as that
term is defined in section 2(a) of the Submerged Lands Act (43
U.S.C. 1301(a))) or on submerged lands of the Outer Continental Shelf, granted or maintained under applicable State law
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.);
(17) ‘‘liable’’ or ‘‘liability’’ shall be construed to be the standard of liability which obtains under section 311 of the Federal
Water Pollution Control Act (33 U.S.C. 1321);
(18) ‘‘mobile offshore drilling unit’’ means a vessel (other
than a self-elevating lift vessel) capable of use as an offshore
facility;
(19) ‘‘National Contingency Plan’’ means the National Contingency Plan prepared and published under section 311(d) of
the Federal Water Pollution Control Act, as amended by this
Act, or revised under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (42
U.S.C. 9605);
(20) ‘‘natural resources’’ includes land, fish, wildlife, biota,
air, water, ground water, drinking water supplies, and other
such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the exclusive economic zone), any
State or local government or Indian tribe, or any foreign government;
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(21) ‘‘navigable waters’’ means the waters of the United
States, including the territorial sea;
(22) ‘‘offshore facility’’ means any facility of any kind located
in, on, or under any of the navigable waters of the United
States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under
any other waters, other than a vessel or a public vessel;
(23) ‘‘oil’’ means oil of any kind or in any form, including
petroleum, fuel oil, sludge, oil refuse, and oil mixed with
wastes other than dredged spoil, but does not include any substance which is specifically listed or designated as a hazardous
substance under subparagraphs (A) through (F) of section
101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act;
(24) ‘‘onshore facility’’ means any facility (including, but not
limited to, motor vehicles and rolling stock) of any kind located
in, on, or under, any land within the United States other than
submerged land;
(25) the term ‘‘Outer Continental Shelf facility’’ means an offshore facility which is located, in whole or in part, on the
Outer Continental Shelf and is or was used for one or more of
the following purposes: exploring for, drilling for, producing,
storing, handling, transferring, processing, or transporting oil
produced from the Outer Continental Shelf;
(26) ‘‘owner or operator’’ means (A) in the case of a vessel,
any person owning, operating, or chartering by demise, the
vessel, and (B) in the case of an onshore facility, and an offshore facility, any person owning or operating such onshore facility or offshore facility, and (C) in the case of any abandoned
offshore facility, the person who owned or operated such facility immediately prior to such abandonment;
(27) ‘‘person’’ means an individual, corporation, partnership,
association, State, municipality, commission, or political subdivision of a State, or any interstate body;
(28) ‘‘permittee’’ means a person holding an authorization, license, or permit for geological exploration issued under section
11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340)
or applicable State law;
(29) ‘‘public vessel’’ means a vessel owned or bareboat chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when the
vessel is engaged in commerce;
(30) ‘‘remove’’ or ‘‘removal’’ means containment and removal
of oil or a hazardous substance from water and shorelines or
the taking of other actions as may be necessary to minimize or
mitigate damage to the public health or welfare, including, but
not limited to, fish, shellfish, wildlife, and public and private
property, shorelines, and beaches;
(31) ‘‘removal costs’’ means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in
which there is a substantial threat of a discharge of oil, the
costs to prevent, minimize, or mitigate oil pollution from such
an incident;
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(32) ‘‘responsible party’’ means the following:
(A) VESSELS.—In the case of a vessel, any person owning, operating, or demise chartering the vessel.
(B) ONSHORE FACILITIES.—In the case of an onshore facility (other than a pipeline), any person owning or operating the facility, except a Federal agency, State, municipality, commission, or political subdivision of a State, or
any interstate body, that as the owner transfers possession
and right to use the property to another person by lease,
assignment, or permit.
(C) OFFSHORE FACILITIES.—In the case of an offshore facility (other than a pipeline or a deepwater port licensed
under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et
seq.)), the lessee or permittee of the area in which the facility is located or the holder of a right of use and easement granted under applicable State law or the Outer
Continental Shelf Lands Act (43 U.S.C. 1301–1356) for the
area in which the facility is located (if the holder is a different person than the lessee or permittee), except a Federal agency, State, municipality, commission, or political
subdivision of a State, or any interstate body, that as
owner transfers possession and right to use the property to
another person by lease, assignment, or permit.
(D) DEEPWATER PORTS.—In the case of a deepwater port
licensed under the Deepwater Port Act of 1974 (33 U.S.C.
1501–1524), the licensee.
(E) PIPELINES.—In the case of a pipeline, any person
owning or operating the pipeline.
(F) ABANDONMENT.—In the case of an abandoned vessel,
onshore facility, deepwater port, pipeline, or offshore facility, the persons who would have been responsible parties
immediately prior to the abandonment of the vessel or facility.
(33) ‘‘Secretary’’ means the Secretary of the department in
which the Coast Guard is operating;
(34) ‘‘tank vessel’’ means a vessel that is constructed or
adapted to carry, or that carries, oil or hazardous material in
bulk as cargo or cargo residue, and that—
(A) is a vessel of the United States;
(B) operates on the navigable waters; or
(C) transfers oil or hazardous material in a place subject
to the jurisdiction of the United States;
(35) ‘‘territorial seas’’ means the belt of the seas measured
from the line of ordinary low water along that portion of the
coast which is in direct contact with the open sea and the line
marking the seaward limit of inland waters, and extending
seaward a distance of 3 miles;
(36) ‘‘United States’’ and ‘‘State’’ mean the several States of
the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, the Commonwealth of the Northern
Marianas, and any other territory or possession of the United
States; and
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OIL POLLUTION ACT OF 1990

Sec. 1002

(37) ‘‘vessel’’ means every description of watercraft or other
artificial contrivance used, or capable of being used, as a
means of transportation on water, other than a public vessel.
(33 U.S.C. 2701)
SEC. 1002. ELEMENTS OF LIABILITY.

(a) IN GENERAL.—Notwithstanding any other provision or rule of
law, and subject to the provisions of this Act, each responsible
party for a vessel or a facility from which oil is discharged, or
which poses the substantial threat of a discharge of oil, into or
upon the navigable waters or adjoining shorelines or the exclusive
economic zone is liable for the removal costs and damages specified
in subsection (b) that result from such incident.
(b) COVERED REMOVAL COSTS AND DAMAGES.—
(1) REMOVAL COSTS.—The removal costs referred to in subsection (a) are—
(A) all removal costs incurred by the United States, a
State, or an Indian tribe under subsection (c), (d), (e), or
(l) of section 311 of the Federal Water Pollution Control
Act (33 U.S.C. 1321), as amended by this Act, under the
Intervention on the High Seas Act (33 U.S.C. 1471 et seq.),
or under State law; and
(B) any removal costs incurred by any person for acts
taken by the person which are consistent with the National Contingency Plan.
(2) DAMAGES.—The damages referred to in subsection (a) are
the following:
(A) NATURAL RESOURCES.—Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the reasonable costs of assessing the damage,
which shall be recoverable by a United States trustee, a
State trustee, an Indian tribe trustee, or a foreign trustee.
(B) REAL OR PERSONAL PROPERTY.—Damages for injury
to, or economic losses resulting from destruction of, real or
personal property, which shall be recoverable by a claimant who owns or leases that property.
(C) SUBSISTENCE USE.—Damages for loss of subsistence
use of natural resources, which shall be recoverable by any
claimant who so uses natural resources which have been
injured, destroyed, or lost, without regard to the ownership
or management of the resources.
(D) REVENUES.—Damages equal to the net loss of taxes,
royalties, rents, fees, or net profit shares due to the injury,
destruction, or loss of real property, personal property, or
natural resources, which shall be recoverable by the Government of the United States, a State, or a political subdivision thereof.
(E) PROFITS AND EARNING CAPACITY.—Damages equal to
the loss of profits or impairment of earning capacity due
to the injury, destruction, or loss of real property, personal
property, or natural resources, which shall be recoverable
by any claimant.
(F) PUBLIC SERVICES.—Damages for net costs of providing increased or additional public services during or
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Sec. 1003

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after removal activities, including protection from fire,
safety, or health hazards, caused by a discharge of oil,
which shall be recoverable by a State, or a political subdivision of a State.
(c) EXCLUDED DISCHARGES.—This title does not apply to any
discharge—
(1) permitted by a permit issued under Federal, State, or
local law;
(2) from a public vessel; or
(3) from an onshore facility which is subject to the TransAlaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.).
(d) LIABILITY OF THIRD PARTIES.—
(1) IN GENERAL.—
(A) THIRD PARTY TREATED AS RESPONSIBLE PARTY.—Except as provided in subparagraph (B), in any case in which
a responsible party establishes that a discharge or threat
of a discharge and the resulting removal costs and damages were caused solely by an act or omission of one or
more third parties described in section 1003(a)(3) (or solely
by such an act or omission in combination with an act of
God or an act of war), the third party or parties shall be
treated as the responsible party or parties for purposes of
determining liability under this title.
(B) SUBROGATION OF RESPONSIBLE PARTY.—If the responsible party alleges that the discharge or threat of a discharge was caused solely by an act or omission of a third
party, the responsible party—
(i) in accordance with section 1013, shall pay removal costs and damages to any claimant; and
(ii) shall be entitled by subrogation to all rights of
the United States Government and the claimant to recover removal costs or damages from the third party
or the Fund paid under this subsection.
(2) LIMITATION APPLIED.—
(A) OWNER OR OPERATOR OF VESSEL OR FACILITY.—If the
act or omission of a third party that causes an incident occurs in connection with a vessel or facility owned or operated by the third party, the liability of the third party
shall be subject to the limits provided in section 1004 as
applied with respect to the vessel or facility.
(B) OTHER CASES.—In any other case, the liability of a
third party or parties shall not exceed the limitation which
would have been applicable to the responsible party of the
vessel or facility from which the discharge actually occurred if the responsible party were liable.
(33 U.S.C. 2702)
SEC. 1003. DEFENSES TO LIABILITY.

(a) COMPLETE DEFENSES.—A responsible party is not liable for
removal costs or damages under section 1002 if the responsible
party establishes, by a preponderance of the evidence, that the discharge or substantial threat of a discharge of oil and the resulting
damages or removal costs were caused solely by—
(1) an act of God;
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Sec. 1004

(2) an act of war;
(3) an act or omission of a third party, other than an employee or agent of the responsible party or a third party whose
act or omission occurs in connection with any contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a
common carrier by rail), if the responsible party establishes, by
a preponderance of the evidence, that the responsible party—
(A) exercised due care with respect to the oil concerned,
taking into consideration the characteristics of the oil and
in light of all relevant facts and circumstances; and
(B) took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or
(4) any combination of paragraphs (1), (2), and (3).
(b) DEFENSES AS TO PARTICULAR CLAIMANTS.—A responsible
party is not liable under section 1002 to a claimant, to the extent
that the incident is caused by the gross negligence or willful misconduct of the claimant.
(c) LIMITATION ON COMPLETE DEFENSE.—Subsection (a) does not
apply with respect to a responsible party who fails or refuses—
(1) to report the incident as required by law if the responsible party knows or has reason to know of the incident;
(2) to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or
(3) without sufficient cause, to comply with an order issued
under subsection (c) or (e) of section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321), as amended by this Act,
or the Intervention on the High Seas Act (33 U.S.C. 1471 et
seq.).
(33 U.S.C. 2702)
SEC. 1004. LIMITS ON LIABILITY.

(a) GENERAL RULE.—Except as otherwise provided in this section, the total of the liability of a responsible party under section
1002 and any removal costs incurred by, or on behalf of, the responsible party, with respect to each incident shall not exceed—
(1) for a tank vessel, the greater of—
(A) $1,200 per gross ton; or
(B)(i) in the case of a vessel greater than 3,000 gross
tons, $10,000,000; or
(ii) in the case of a vessel of 3,000 gross tons or less,
$2,000,000;
(2) for any other vessel, $600 per gross ton or $500,000,
whichever is greater;
(3) for an offshore facility except a deepwater port, the total
of all removal costs plus $75,000,000; and
(4) for any onshore facility and a deepwater port,
$350,000,000.
(b) DIVISION OF LIABILITY FOR MOBILE OFFSHORE DRILLING
UNITS.—
(1) TREATED FIRST AS TANK VESSEL.—For purposes of determining the responsible party and applying this Act and except
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OIL POLLUTION ACT OF 1990

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as provided in paragraph (2), a mobile offshore drilling unit
which is being used as an offshore facility is deemed to be a
tank vessel with respect to the discharge, or the substantial
threat of a discharge, of oil on or above the surface of the
water.
(2) TREATED AS FACILITY FOR EXCESS LIABILITY.—To the extent that removal costs and damages from any incident described in paragraph (1) exceed the amount for which a responsible party is liable (as that amount may be limited under subsection (a)(1)), the mobile offshore drilling unit is deemed to be
an offshore facility. For purposes of applying subsection (a)(3),
the amount specified in that subsection shall be reduced by the
amount for which the responsible party is liable under paragraph (1).
(c) EXCEPTIONS.—
(1) ACTS OF RESPONSIBLE PARTY.—Subsection (a) does not
apply if the incident was proximately caused by—
(A) gross negligence or willful misconduct of, or
(B) the violation of an applicable Federal safety, construction, or operating regulation by,
the responsible party, an agent or employee of the responsible
party, or a person acting pursuant to a contractual relationship
with the responsible party (except where the sole contractual
arrangement arises in connection with carriage by a common
carrier by rail).
(2) FAILURE OR REFUSAL OF RESPONSIBLE PARTY.—Subsection
(a) does not apply if the responsible party fails or refuses—
(A) to report the incident as required by law and the responsible party knows or has reason to know of the incident;
(B) to provide all reasonable cooperation and assistance
requested by a responsible official in connection with removal activities; or
(C) without sufficient cause, to comply with an order
issued under subsection (c) or (e) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as
amended by this Act, or the Intervention on the High Seas
Act (33 U.S.C. 1471 et seq.).
(3) OCS FACILITY OR VESSEL.—Notwithstanding the limitations established under subsection (a) and the defenses of section 1003, all removal costs incurred by the United States Government or any State or local official or agency in connection
with a discharge or substantial threat of a discharge of oil from
any Outer Continental Shelf facility or a vessel carrying oil as
cargo from such a facility shall be borne by the owner or operator of such facility or vessel.
(4) CERTAIN TANK VESSELS.—Subsection (a)(1) shall not
apply to—
(A) a tank vessel on which the only oil carried as cargo
is an animal fat or vegetable oil, as those terms are used
in section 2 of the Edible Oil Regulatory Reform Act; and
(B) a tank vessel that is designated in its certificate of
inspection as an oil spill response vessel (as that term is
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Sec. 1005

defined in section 2101 of title 46, United States Code) and
that is used solely for removal.
(d) ADJUSTING LIMITS OF LIABILITY.—
(1) ONSHORE FACILITIES.—Subject to paragraph (2), the
President may establish by regulation, with respect to any
class or category of onshore facility, a limit of liability under
this section of less than $350,000,000, but not less than
$8,000,000, taking into account size, storage capacity, oil
throughput, proximity to sensitive areas, type of oil handled,
history of discharges, and other factors relevant to risks posed
by the class or category of facility.
(2) DEEPWATER PORTS AND ASSOCIATED VESSELS.—
(A) STUDY.—The Secretary shall conduct a study of the
relative operational and environmental risks posed by the
transportation of oil by vessel to deepwater ports (as defined in section 3 of the Deepwater Port Act of 1974 (33
U.S.C. 1502)) versus the transportation of oil by vessel to
other ports. The study shall include a review and analysis
of offshore lightering practices used in connection with
that transportation, an analysis of the volume of oil transported by vessel using those practices, and an analysis of
the frequency and volume of oil discharges which occur in
connection with the use of those practices.
(B) REPORT.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the
Congress a report on the results of the study conducted
under subparagraph (A).
(C) RULEMAKING PROCEEDING.—If the Secretary determines, based on the results of the study conducted under
this subparagraph (A), that the use of deepwater ports in
connection with the transportation of oil by vessel results
in a lower operational or environmental risk than the use
of other ports, the Secretary shall initiate, not later than
the 180th day following the date of submission of the report to the Congress under subparagraph (B), a rulemaking proceeding to lower the limits of liability under
this section for deepwater ports as the Secretary determines appropriate. The Secretary may establish a limit of
liability of less than $350,000,000, but not less than
$50,000,000, in accordance with paragraph (1).
(3) PERIODIC REPORTS.—The President shall, within 6
months after the date of the enactment of this Act, and from
time to time thereafter, report to the Congress on the desirability of adjusting the limits of liability specified in subsection
(a).
(4) ADJUSTMENT TO REFLECT CONSUMER PRICE INDEX.—The
President shall, by regulations issued not less often than every
3 years, adjust the limits of liability specified in subsection (a)
to reflect significant increases in the Consumer Price Index.
(33 U.S.C. 2704)
SEC. 1005. INTEREST; PARTIAL PAYMENT OF CLAIMS.

(a) GENERAL RULE.—The responsible party or the responsible
party’s guarantor is liable to a claimant for interest on the amount
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paid in satisfaction of a claim under this Act for the period described in subsection (b). The responsible party shall establish a
procedure for the payment or settlement of claims for interim,
short-term damages. Payment or settlement of a claim for interim,
short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not
preclude recovery by the claimant for damages not reflected in the
paid or settled partial claim.
(b) PERIOD.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
period for which interest shall be paid is the period beginning
on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the
date on which the claim is paid.
(2) EXCLUSION OF PERIOD DUE TO OFFER BY GUARANTOR.—If
the guarantor offers to the claimant an amount equal to or
greater than that finally paid in satisfaction of the claim, the
period described in paragraph (1) does not include the period
beginning on the date the offer is made and ending on the date
the offer is accepted. If the offer is made within 60 days after
the date on which the claim is presented under section 1013(a),
the period described in paragraph (1) does not include any period before the offer is accepted.
(3) EXCLUSION OF PERIODS IN INTERESTS OF JUSTICE.—If in
any period a claimant is not paid due to reasons beyond the
control of the responsible party or because it would not serve
the interests of justice, no interest shall accrue under this section during that period.
(4) CALCULATION OF INTEREST.—The interest paid under this
section shall be calculated at the average of the highest rate
for commercial and finance company paper of maturities of 180
days or less obtaining on each of the days included within the
period for which interest must be paid to the claimant, as published in the Federal Reserve Bulletin.
(5) INTEREST NOT SUBJECT TO LIABILITY LIMITS.—
(A) IN GENERAL.—Interest (including prejudgment interest) under this paragraph is in addition to damages and
removal costs for which claims may be asserted under section 1002 and shall be paid without regard to any limitation of liability under section 1004.
(B) PAYMENT BY GUARANTOR.—The payment of interest
under this subsection by a guarantor is subject to section
1016(g).
(33 U.S.C. 2705)
SEC. 1006. NATURAL RESOURCES.

(a) LIABILITY.—In the case of natural resource damages under
section 1002(b)(2)(A), liability shall be—
(1) to the United States Government for natural resources
belonging to, managed by, controlled by, or appertaining to the
United States;
(2) to any State for natural resources belonging to, managed
by, controlled by, or appertaining to such State or political subdivision thereof;
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(3) to any Indian tribe for natural resources belonging to,
managed by, controlled by, or appertaining to such Indian
tribe; and
(4) in any case in which section 1007 applies, to the government of a foreign country for natural resources belonging to,
managed by, controlled by, or appertaining to such country.
(b) DESIGNATION OF TRUSTEES.—
(1) IN GENERAL.—The President, or the authorized representative of any State, Indian tribe, or foreign government, shall
act on behalf of the public, Indian tribe, or foreign country as
trustee of natural resources to present a claim for and to recover damages to the natural resources.
(2) FEDERAL TRUSTEES.—The President shall designate the
Federal officials who shall act on behalf of the public as trustees for natural resources under this Act.
(3) STATE TRUSTEES.—The Governor of each State shall designate State and local officials who may act on behalf of the
public as trustee for natural resources under this Act and shall
notify the President of the designation.
(4) INDIAN TRIBE TRUSTEES.—The governing body of any Indian tribe shall designate tribal officials who may act on behalf
of the tribe or its members as trustee for natural resources
under this Act and shall notify the President of the designation.
(5) FOREIGN TRUSTEES.—The head of any foreign government
may designate the trustee who shall act on behalf of that government as trustee for natural resources under this Act.
(c) FUNCTIONS OF TRUSTEES.—
(1) FEDERAL TRUSTEES.—The Federal officials designated
under subsection (b)(2)—
(A) shall assess natural resource damages under section
1002(b)(2)(A) for the natural resources under their trusteeship;
(B) may, upon request of and reimbursement from a
State or Indian tribe and at the Federal officials’ discretion, assess damages for the natural resources under the
State’s or tribe’s trusteeship; and
(C) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the
equivalent, of the natural resources under their trusteeship.
(2) STATE TRUSTEES.—The State and local officials designated under subsection (b)(3)—
(A) shall assess natural resource damages under section
1002(b)(2)(A) for the purposes of this Act for the natural
resources under their trusteeship; and
(B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the
equivalent, of the natural resources under their trusteeship.
(3) INDIAN TRIBE TRUSTEES.—The tribal officials designated
under subsection (b)(4)—
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(A) shall assess natural resource damages under section
1002(b)(2)(A) for the purposes of this Act for the natural
resources under their trusteeship; and
(B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the
equivalent, of the natural resources under their trusteeship.
(4) FOREIGN TRUSTEES.—The trustees designated under subsection (b)(5)—
(A) shall assess natural resource damages under section
1002(b)(2)(A) for the purposes of this Act for the natural
resources under their trusteeship; and
(B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the
equivalent, of the natural resources under their trusteeship.
(5) NOTICE AND OPPORTUNITY TO BE HEARD.—Plans shall be
developed and implemented under this section only after adequate public notice, opportunity for a hearing, and consideration of all public comment.
(d) MEASURE OF DAMAGES.—
(1) IN GENERAL.—The measure of natural resource damages
under section 1002(b)(2)(A) is—
(A) the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of, the damaged natural resources;
(B) the diminution in value of those natural resources
pending restoration; plus
(C) the reasonable cost of assessing those damages.
(2) DETERMINE COSTS WITH RESPECT TO PLANS.—Costs shall
be determined under paragraph (1) with respect to plans
adopted under subsection (c).
(3) NO DOUBLE RECOVERY.—There shall be no double recovery under this Act for natural resource damages, including
with respect to the costs of damage assessment or restoration,
rehabilitation, replacement, or acquisition for the same incident and natural resource.
(e) DAMAGE ASSESSMENT REGULATIONS.—
(1) REGULATIONS.—The President, acting through the Under
Secretary of Commerce for Oceans and Atmosphere and in consultation with the Administrator of the Environmental Protection Agency, the Director of the United States Fish and Wildlife Service, and the heads of other affected agencies, not later
than 2 years after the date of the enactment of this Act, shall
promulgate regulations for the assessment of natural resource
damages under section 1002(b)(2)(A) resulting from a discharge
of oil for the purpose of this Act.
(2) REBUTTABLE PRESUMPTION.—Any determination or assessment of damages to natural resources for the purposes of
this Act made under subsection (d) by a Federal, State, or Indian trustee in accordance with the regulations promulgated
under paragraph (1) shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or judicial proceeding under this Act.
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(f) USE OF RECOVERED SUMS.—Sums recovered under this Act by
a Federal, State, Indian, or foreign trustee for natural resource
damages under section 1002(b)(2)(A) shall be retained by the trustee in a revolving trust account, without further appropriation, for
use only to reimburse or pay costs incurred by the trustee under
subsection (c) with respect to the damaged natural resources. Any
amounts in excess of those required for these reimbursements and
costs shall be deposited in the Fund.
(g) COMPLIANCE.—Review of actions by any Federal official
where there is alleged to be a failure of that official to perform a
duty under this section that is not discretionary with that official
may be had by any person in the district court in which the person
resides or in which the alleged damage to natural resources occurred. The court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party. Nothing in this subsection shall restrict any
right which any person may have to seek relief under any other
provision of law.
(33 U.S.C. 2706)
SEC. 1007. RECOVERY BY FOREIGN CLAIMANTS.

(a) REQUIRED SHOWING BY FOREIGN CLAIMANTS.—
(1) IN GENERAL.—In addition to satisfying the other requirements of this Act, to recover removal costs or damages resulting from an incident a foreign claimant shall demonstrate
that—
(A) the claimant has not been otherwise compensated for
the removal costs or damages; and
(B) recovery is authorized by a treaty or executive agreement between the United States and the claimant’s country, or the Secretary of State, in consultation with the Attorney General and other appropriate officials, has certified that the claimant’s country provides a comparable
remedy for United States claimants.
(2) EXCEPTIONS.—Paragraph (1)(B) shall not apply with respect to recovery by a resident of Canada in the case of an incident described in subsection (b)(4).
(b) DISCHARGES IN FOREIGN COUNTRIES.—A foreign claimant
may make a claim for removal costs and damages resulting from
a discharge, or substantial threat of a discharge, of oil in or on the
territorial sea, internal waters, or adjacent shoreline of a foreign
country, only if the discharge is from—
(1) an Outer Continental Shelf facility or a deepwater port;
(2) a vessel in the navigable waters;
(3) a vessel carrying oil as cargo between 2 places in the
United States; or
(4) a tanker that received the oil at the terminal of the pipeline constructed under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), for transportation to a place
in the United States, and the discharge or threat occurs prior
to delivery of the oil to that place.
(c) FOREIGN CLAIMANT DEFINED.—In this section, the term ‘‘foreign claimant’’ means—
(1) a person residing in a foreign country;
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(2) the government of a foreign country; and
(3) an agency or political subdivision of a foreign country.
(33 U.S.C. 2707)
SEC. 1008. RECOVERY BY RESPONSIBLE PARTY.

(a) IN GENERAL.—The responsible party for a vessel or facility
from which oil is discharged, or which poses the substantial threat
of a discharge of oil, may assert a claim for removal costs and damages under section 1013 only if the responsible party demonstrates
that—
(1) the responsible party is entitled to a defense to liability
under section 1003; or
(2) the responsible party is entitled to a limitation of liability
under section 1004.
(b) EXTENT OF RECOVERY.—A responsible party who is entitled
to a limitation of liability may assert a claim under section 1013
only to the extent that the sum of the removal costs and damages
incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible
party, for claims asserted under section 1013 exceeds the amount
to which the total of the liability under section 1002 and removal
costs and damages incurred by, or on behalf of, the responsible
party is limited under section 1004.
(33 U.S.C. 2708)
SEC. 1009. CONTRIBUTION.

A person may bring a civil action for contribution against any
other person who is liable or potentially liable under this Act or another law. The action shall be brought in accordance with section
1017.
(33 U.S.C. 2709)
SEC. 1010. INDEMNIFICATION AGREEMENTS.

(a) AGREEMENTS NOT PROHIBITED.—Nothing in this Act prohibits
any agreement to insure, hold harmless, or indemnify a party to
such agreement for any liability under this Act.
(b) LIABILITY NOT TRANSFERRED.—No indemnification, hold
harmless, or similar agreement or conveyance shall be effective to
transfer liability imposed under this Act from a responsible party
or from any person who may be liable for an incident under this
Act to any other person.
(c) RELATIONSHIP TO OTHER CAUSES OF ACTION.—Nothing in this
Act, including the provisions of subsection (b), bars a cause of action that a responsible party subject to liability under this Act, or
a guarantor, has or would have, by reason of subrogation or otherwise, against any person.
(33 U.S.C. 2710)
SEC. 1011. CONSULTATION ON REMOVAL ACTIONS.

The President shall consult with the affected trustees designated
under section 1006 on the appropriate removal action to be taken
in connection with any discharge of oil. For the purposes of the National Contingency Plan, removal with respect to any discharge
shall be considered completed when so determined by the President
in consultation with the Governor or Governors of the affected
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States. However, this determination shall not preclude additional
removal actions under applicable State law.
(33 U.S.C. 2711)
SEC. 1012. USES OF THE FUND.

(a) USES GENERALLY.—The Fund shall be available to the President for—
(1) the payment of removal costs, including the costs of monitoring removal actions, determined by the President to be consistent with the National Contingency Plan—
(A) by Federal authorities; or
(B) by a Governor or designated State official under subsection (d);
(2) the payment of costs incurred by Federal, State, or Indian tribe trustees in carrying out their functions under section
1006 for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of damaged
resources determined by the President to be consistent with
the National Contingency Plan;
(3) the payment of removal costs determined by the President to be consistent with the National Contingency Plan as a
result of, and damages resulting from, a discharge, or a substantial threat of a discharge, of oil from a foreign offshore
unit;
(4) the payment of claims in accordance with section 1013
for uncompensated removal costs determined by the President
to be consistent with the National Contingency Plan or uncompensated damages;
(5) the payment of Federal administrative, operational, and
personnel costs and expenses reasonably necessary for and incidental to the implementation, administration, and enforcement of this Act (including, but not limited to, sections
1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103,
and title VII) and subsections (b), (c), (d), (j), and (l) of section
311 of the Federal Water Pollution Control Act (33 U.S.C.
1321), as amended by this Act, with respect to prevention, removal, and enforcement related to oil discharges, provided
that—
(A) not more than $25,000,000 in each fiscal year shall
be available to the Secretary for operating expenses incurred by the Coast Guard;
(B) not more than $30,000,000 each year through the
end of fiscal year 1992 shall be available to establish the
National Response System under section 311(j) of the Federal Water Pollution Control Act, as amended by this Act,
including the purchase and prepositioning of oil spill removal equipment; and
(C) not more than $27,250,000 in each fiscal year shall
be available to carry out title VII of this Act.
(b) DEFENSE TO LIABILITY FOR FUND.—The Fund shall not be
available to pay any claim for removal costs or damages to a particular claimant, to the extent that the incident, removal costs, or
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damages are caused by the gross negligence or willful misconduct
of that claimant.
(c) OBLIGATION OF FUND BY FEDERAL OFFICIALS.—The President
may promulgate regulations designating one or more Federal officials who may obligate money in accordance with subsection (a).
(d) ACCESS TO FUND BY STATE OFFICIALS.—
(1) IMMEDIATE REMOVAL.—In accordance with regulations
promulgated under this section, the President, upon the request of the Governor of a State or pursuant to an agreement
with a State under paragraph (2), may obligate the Fund for
payment in an amount not to exceed $250,000 for removal
costs consistent with the National Contingency Plan required
for the immediate removal of a discharge, or the mitigation or
prevention of a substantial threat of a discharge, of oil.
(2) AGREEMENTS.—
(A) IN GENERAL.—The President shall enter into an
agreement with the Governor of any interested State to establish procedures under which the Governor or a designated State official may receive payments from the Fund
for removal costs pursuant to paragraph (1).
(B) TERMS.—Agreements under this paragraph—
(i) may include such terms and conditions as may be
agreed upon by the President and the Governor of a
State;
(ii) shall provide for political subdivisions of the
State to receive payments for reasonable removal
costs; and
(iii) may authorize advance payments from the
Fund to facilitate removal efforts.
(e) REGULATIONS.—The President shall—
(1) not later than 6 months after the date of the enactment
of this Act, publish proposed regulations detailing the manner
in which the authority to obligate the Fund and to enter into
agreements under this subsection shall be exercised; and
(2) not later than 3 months after the close of the comment
period for such proposed regulations, promulgate final regulations for that purpose.
(f) RIGHTS OF SUBROGATION.—Payment of any claim or obligation
by the Fund under this Act shall be subject to the United States
Government acquiring by subrogation all rights of the claimant or
State to recover from the responsible party.
(g) AUDITS.—The Comptroller General shall audit all payments,
obligations, reimbursements, and other uses of the Fund, to assure
that the Fund is being properly administered and that claims are
being appropriately and expeditiously considered. The Comptroller
General shall submit to the Congress an interim report one year
after the date of the enactment of this Act. The Comptroller General shall thereafter audit the Fund as is appropriate. Each Federal agency shall cooperate with the Comptroller General in carrying out this subsection.
(h) PERIOD OF LIMITATIONS FOR CLAIMS.—
(1) REMOVAL COSTS.—No claim may be presented under this
title for recovery of removal costs for an incident unless the
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claim is presented within 6 years after the date of completion
of all removal actions for that incident.
(2) DAMAGES.—No claim may be presented under this section
for recovery of damages unless the claim is presented within
3 years after the date on which the injury and its connection
with the discharge in question were reasonably discoverable
with the exercise of due care, or in the case of natural resource
damages under section 1002(b)(2)(A), if later, the date of completion of the natural resources damage assessment under section 1006(e).
(3) MINORS AND INCOMPETENTS.—The time limitations contained in this subsection shall not begin to run—
(A) against a minor until the earlier of the date when
such minor reaches 18 years of age or the date on which
a legal representative is duly appointed for the minor, or
(B) against an incompetent person until the earlier of
the date on which such incompetent’s incompetency ends
or the date on which a legal representative is duly appointed for the incompetent.
(i) LIMITATION ON PAYMENT FOR SAME COSTS.—In any case in
which the President has paid an amount from the Fund for any removal costs or damages specified under subsection (a), no other
claim may be paid from the Fund for the same removal costs or
damages.
(j) OBLIGATION IN ACCORDANCE WITH PLAN.—
(1) IN GENERAL.—Except as provided in paragraph (2),
amounts may be obligated from the Fund for the restoration,
rehabilitation, replacement, or acquisition of natural resources
only in accordance with a plan adopted under section 1006(c).
(2) EXCEPTION.—Paragraph (1) shall not apply in a situation
requiring action to avoid irreversible loss of natural resources
or to prevent or reduce any continuing danger to natural resources or similar need for emergency action.
(k) PREFERENCE FOR PRIVATE PERSONS IN AREA AFFECTED BY
DISCHARGE.—
(1) IN GENERAL.—In the expenditure of Federal funds for removal of oil, including for distribution of supplies, construction,
and other reasonable and appropriate activities, under a contract or agreement with a private person, preference shall be
given, to the extent feasible and practicable, to private persons
residing or doing business primarily in the area affected by the
discharge of oil.
(2) LIMITATION.—This subsection shall not be considered to
restrict the use of Department of Defense resources.
(33 U.S.C. 2712)
SEC. 1013. CLAIMS PROCEDURE.

(a) PRESENTATION.—Except as provided in subsection (b), all
claims for removal costs or damages shall be presented first to the
responsible party or guarantor of the source designated under section 1014(a).
(b) PRESENTATION TO FUND.—
(1) IN GENERAL.—Claims for removal costs or damages may
be presented first to the Fund—
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(A) if the President has advertised or otherwise notified
claimants in accordance with section 1014(c);
(B) by a responsible party who may assert a claim under
section 1008;
(C) by the Governor of a State for removal costs incurred
by that State; or
(D) by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for
which the Fund is liable under section 1012(a).
(2) LIMITATION ON PRESENTING CLAIM.—No claim of a person
against the Fund may be approved or certified during the
pendency of an action by the person in court to recover costs
which are the subject of the claim.
(c) ELECTION.—If a claim is presented in accordance with subsection (a) and—
(1) each person to whom the claim is presented denies all liability for the claim, or
(2) the claim is not settled by any person by payment within
90 days after the date upon which (A) the claim was presented,
or (B) advertising was begun pursuant to section 1014(b),
whichever is later,
the claimant may elect to commence an action in court against the
responsible party or guarantor or to present the claim to the Fund.
(d) UNCOMPENSATED DAMAGES.—If a claim is presented in accordance with this section, including a claim for interim, short-term
damages representing less than the full amount of damages to
which the claimant ultimately may be entitled, and full and adequate compensation is unavailable, a claim for the uncompensated
damages and removal costs may be presented to the Fund.
(e) PROCEDURE FOR CLAIMS AGAINST FUND.—The President shall
promulgate, and may from time to time amend, regulations for the
presentation, filing, processing, settlement, and adjudication of
claims under this Act against the Fund.
(33 U.S.C. 2713)
SEC. 1014. DESIGNATION OF SOURCE AND ADVERTISEMENT.

(a) DESIGNATION OF SOURCE AND NOTIFICATION.—When the
President receives information of an incident, the President shall,
where possible and appropriate, designate the source or sources of
the discharge or threat. If a designated source is a vessel or a facility, the President shall immediately notify the responsible party
and the guarantor, if known, of that designation.
(b) ADVERTISEMENT BY RESPONSIBLE PARTY OR GUARANTOR.—(1)
If a responsible party or guarantor fails to inform the President,
within 5 days after receiving notification of a designation under
subsection (a), of the party’s or the guarantor’s denial of the designation, such party or guarantor shall advertise the designation
and the procedures by which claims may be presented, in accordance with regulations promulgated by the President. Advertisement under the preceding sentence shall begin no later than 15
days after the date of the designation made under subsection (a).
If advertisement is not otherwise made in accordance with this
subsection, the President shall promptly and at the expense of the
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tion and the procedures by which claims may be presented to the
responsible party or guarantor. Advertisement under this subsection shall continue for a period of no less than 30 days.
(2) An advertisement under paragraph (1) shall state that a
claimant may present a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled and that payment of such a claim
shall not preclude recovery for damages not reflected in the paid
or settled partial claim.
(c) ADVERTISEMENT BY PRESIDENT.—If—
(1) the responsible party and the guarantor both deny a designation within 5 days after receiving notification of a designation under subsection (a),
(2) the source of the discharge or threat was a public vessel,
or
(3) the President is unable to designate the source or sources
of the discharge or threat under subsection (a),
the President shall advertise or otherwise notify potential claimants of the procedures by which claims may be presented to the
Fund.
(33 U.S.C. 2714)
SEC. 1015. SUBROGATION. 1

(a) IN GENERAL.—Any person, including the Fund, who pays
compensation pursuant to this Act to any claimant for removal
costs or damages shall be subrogated to all rights, claims, and
causes of action that the claimant has under any other law.
(b) INTERIM DAMAGES.—
(1) IN GENERAL.—If a responsible party, a guarantor, or
the Fund has made payment to a claimant for interim, shortterm damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subrogation under subsection (a) shall apply only with respect to
the portion of the claim reflected in the paid interim claim.
(2) FINAL DAMAGES.—Payment of such a claim shall not
foreclose a claimant’s right to recovery of all damages to which
the claimant otherwise is entitled under this Act or under any
other law.
(c) ACTIONS ON BEHALF OF FUND.—At the request of the Secretary, the Attorney General shall commence an action on behalf
of the Fund to recover any compensation paid by the Fund to any
claimant pursuant to this Act, and all costs incurred by the Fund
by reason of the claim, including interest (including prejudgment
interest), administrative and adjudicative costs, and attorney’s fees.
Such an action may be commenced against any responsible party
or (subject to section 1016) guarantor, or against any other person
who is liable, pursuant to any law, to the compensated claimant or
to the Fund, for the cost or damages for which the compensation
was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any
1 Section 1142(d) of Public Law 104–324 (110 Stat. 3991) stated that ‘‘[s]ection 1015(a) of the
Oil Pollution Act of 1990 (33 U.S.C. 2715(a)) is amended’’ by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) a new subsection (b). The amendments were executed as amendments to section 1015.

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removal costs or damages paid from the Fund as the result of the
discharge, or substantial threat of discharge, of oil from a foreign
offshore unit.
(33 U.S.C. 2716)
SEC. 1016. FINANCIAL RESPONSIBILITY.

(a) REQUIREMENT.—The responsible party for—
(1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any
place subject to the jurisdiction of the United States; or
(2) any vessel using the waters of the exclusive economic
zone to transship or lighter oil destined for a place subject to
the jurisdiction of the United States;
shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 1004(a) or (d) of
this Act, in a case where the responsible party would be entitled
to limit liability under that section. If the responsible party owns
or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum
liability applicable to the vessel having the greatest maximum liability.
(b) SANCTIONS.—
(1) WITHHOLDING CLEARANCE.—The Secretary of the Treasury shall withhold or revoke the clearance required by section
4197 of the Revised Statutes of the United States of any vessel
subject to this section that does not have the evidence of financial responsibility required for the vessel under this section.
(2) DENYING ENTRY TO OR DETAINING VESSELS.—The Secretary may—
(A) deny entry to any vessel to any place in the United
States, or to the navigable waters, or
(B) detain at the place,
any vessel that, upon request, does not produce the evidence
of financial responsibility required for the vessel under this
section.
(3) SEIZURE OF VESSEL.—Any vessel subject to the requirements of this section which is found in the navigable waters
without the necessary evidence of financial responsibility for
the vessel shall be subject to seizure by and forfeiture to the
United States.
(c) OFFSHORE FACILITIES.—
(1) IN GENERAL.—
(A) EVIDENCE OF FINANCIAL RESPONSIBILITY REQUIRED.—Except as provided in paragraph (2), a responsible party with respect to an offshore facility that—
(i)(I) is located seaward of the line of ordinary low
water along that portion of the coast that is in direct
contact with the open sea and the line marking the
seaward limit of inland waters; or
(II) is located in coastal inland waters, such as
bays or estuaries, seaward of the line of ordinary low
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water along that portion of the coast that is not in direct contact with the open sea;
(ii) is used for exploring for, drilling for, producing, or transporting oil from facilities engaged in
oil exploration, drilling, or production; and
(iii) has a worst-case oil spill discharge potential
of more than 1,000 barrels of oil (or a lesser amount
if the President determines that the risks posed by
such facility justify it),
shall establish and maintain evidence of financial responsibility in the amount required under subparagraph (B) or
(C), as applicable.
(B) AMOUNT REQUIRED GENERALLY.—Except as provided in subparagraph (C), the amount of financial responsibility for offshore facilities that meet the criteria of subparagraph (A) is—
(i) $35,000,000 for an offshore facility located seaward of the seaward boundary of a State; or
(ii) $10,000,000 for an offshore facility located
landward of the seaward boundary of a State.
(C) GREATER AMOUNT.—If the President determines
that an amount of financial responsibility for a responsible
party greater than the amount required by subparagraph
(B) is justified based on the relative operational, environmental, human health, and other risks posed by the quantity or quality of oil that is explored for, drilled for, produced, or transported by the responsible party, the evidence of financial responsibility required shall be for an
amount determined by the President not exceeding
$150,000,000.
(D) MULTIPLE FACILITIES.—In a case in which a person
is a responsible party for more than one facility subject to
this subsection, evidence of financial responsibility need be
established only to meet the amount applicable to the facility having the greatest financial responsibility requirement
under this subsection.
(E) DEFINITION.—For the purpose of this paragraph,
the seaward boundary of a State shall be determined in accordance with section 2(b) of the Submerged Lands Act (43
U.S.C. 1301(b)).
(2) DEEPWATER PORTS.—Each responsible party with respect
to a deepwater port shall establish and maintain evidence of
financial responsibility sufficient to meet the maximum
amount of liability to which the responsible party could be subjected under section 1004(a) of this Act in a case where the responsible party would be entitled to limit liability under that
section. If the Secretary exercises the authority under section
1004(d)(2) to lower the limit of liability for deepwater ports,
the responsible party shall establish and maintain evidence of
financial responsibility sufficient to meet the maximum
amount of liability so established. In a case in which a person
is the responsible party for more than one deepwater port, evidence of financial responsibility need be established only to
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meet the maximum liability applicable to the deepwater port
having the greatest maximum liability.
(e) METHODS OF FINANCIAL RESPONSIBILITY.—Financial responsibility under this section may be established by any one, or by any
combination, of the following methods which the Secretary (in the
case of a vessel) or the President (in the case of a facility) determines to be acceptable: evidence of insurance, surety bond, guarantee, letter of credit, qualification as a self-insurer, or other evidence of financial responsibility. Any bond filed shall be issued by
a bonding company authorized to do business in the United States.
In promulgating requirements under this section, the Secretary or
the President, as appropriate, may specify policy or other contractual terms, conditions, or defenses which are necessary, or which
are unacceptable, in establishing evidence of financial responsibility to effectuate the purposes of this Act.
(f) CLAIMS AGAINST GUARANTOR.—
(1) IN GENERAL.—Subject to paragraph (2), a claim for
which liability may be established under section 1002 may be
asserted directly against any guarantor providing evidence of
financial responsibility for a responsible party liable under
that section for removal costs and damages to which the claim
pertains. In defending against such a claim, the guarantor may
invoke—
(A) all rights and defenses which would be available to
the responsible party under this Act;
(B) any defense authorized under subsection (e); and
(C) the defense that the incident was caused by the
willful misconduct of the responsible party.
The guarantor may not invoke any other defense that might be
available in proceedings brought by the responsible party
against the guarantor.
(2) FURTHER REQUIREMENT.—A claim may be asserted pursuant to paragraph (1) directly against a guarantor providing
evidence of financial responsibility under subsection (c)(1) with
respect to an offshore facility only if—
(A) the responsible party for whom evidence of financial responsibility has been provided has denied or failed
to pay a claim under this Act on the basis of being insolvent, as defined under section 101(32) of title 11, United
States Code, and applying generally accepted accounting
principles;
(B) the responsible party for whom evidence of financial responsibility has been provided has filed a petition for
bankruptcy under title 11, United States Code; or
(C) the claim is asserted by the United States for removal costs and damages or for compensation paid by the
Fund under this Act, including costs incurred by the Fund
for processing compensation claims.
(3) RULEMAKING AUTHORITY.—Not later than 1 year after
the date of enactment of this paragraph, the President shall
promulgate regulations to establish a process for implementing
paragraph (2) in a manner that will allow for the orderly and
expeditious presentation and resolution of claims and effectuate the purposes of this Act.
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(g) LIMITATION ON GUARANTOR’S LIABILITY.—Nothing in this
Act shall impose liability with respect to an incident on any guarantor for damages or removal costs which exceed, in the aggregate,
the amount of financial responsibility which that guarantor has
provided for a responsible party pursuant to this section. The total
liability of the guarantor on direct action for claims brought under
this Act with respect to an incident shall be limited to that amount.
(h) CONTINUATION OF REGULATIONS.—Any regulation relating to
financial responsibility, which has been issued pursuant to any provision of law repealed or superseded by this Act, and which is in
effect on the date immediately preceding the effective date of this
Act, is deemed and shall be construed to be a regulation issued
pursuant to this section. Such a regulation shall remain in full
force and effect unless and until superseded by a new regulation
issued under this section.
(i) UNIFIED CERTIFICATE.—The Secretary may issue a single unified certificate of financial responsibility for purposes of this Act
and any other law.
(33 U.S.C. 2717)
SEC. 1017. LITIGATION, JURISDICTION, AND VENUE.

(a) REVIEW OF REGULATIONS.—Review of any regulation promulgated under this Act may be had upon application by any interested person only in the Circuit Court of Appeals of the United
States for the District of Columbia. Any such application shall be
made within 90 days from the date of promulgation of such regulations. Any matter with respect to which review could have been obtained under this subsection shall not be subject to judicial review
in any civil or criminal proceeding for enforcement or to obtain
damages or recovery of response costs.
(b) JURISDICTION.—Except as provided in subsections (a) and (c),
the United States district courts shall have exclusive original jurisdiction over all controversies arising under this Act, without regard
to the citizenship of the parties or the amount in controversy.
Venue shall lie in any district in which the discharge or injury or
damages occurred, or in which the defendant resides, may be
found, has its principal office, or has appointed an agent for service
of process. For the purposes of this section, the Fund shall reside
in the District of Columbia.
(c) STATE COURT JURISDICTION.—A State trial court of competent
jurisdiction over claims for removal costs or damages, as defined
under this Act, may consider claims under this Act or State law
and any final judgment of such court (when no longer subject to ordinary forms of review) shall be recognized, valid, and enforceable
for all purposes of this Act.
(d) ASSESSMENT AND COLLECTION OF TAX.—The provisions of
subsections (a), (b), and (c) shall not apply to any controversy or
other matter resulting from the assessment or collection of any tax,
or to the review of any regulation promulgated under the Internal
Revenue Code of 1986.
(e) SAVINGS PROVISION.—Nothing in this title shall apply to any
cause of action or right of recovery arising from any incident which
occurred prior to the date of enactment of this title. Such claims
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shall be adjudicated pursuant to the law applicable on the date of
the incident.
(f) PERIOD OF LIMITATIONS.—
(1) DAMAGES.—Except as provided in paragraphs (3) and (4),
an action for damages under this Act shall be barred unless
the action is brought within 3 years after—
(A) the date on which the loss and the connection of the
loss with the discharge in question are reasonably discoverable with the exercise of due care, or
(B) in the case of natural resource damages under section 1002(b)(2)(A), the date of completion of the natural resources damage assessment under section 1006(c).
(2) REMOVAL COSTS.—An action for recovery of removal costs
referred to in section 1002(b)(1) must be commenced within 3
years after completion of the removal action. In any such action described in this subsection, the court shall enter a declaratory judgment on liability for removal costs or damages that
will be binding on any subsequent action or actions to recover
further removal costs or damages. Except as otherwise provided in this paragraph, an action may be commenced under
this title for recovery of removal costs at any time after such
costs have been incurred.
(3) CONTRIBUTION.—No action for contribution for any removal costs or damages may be commenced more than 3 years
after—
(A) the date of judgment in any action under this Act for
recovery of such costs or damages, or
(B) the date of entry of a judicially approved settlement
with respect to such costs or damages.
(4) SUBROGATION.—No action based on rights subrogated
pursuant to this Act by reason of payment of a claim may be
commenced under this Act more than 3 years after the date of
payment of such claim.
(5) COMMENCEMENT.—The time limitations contained herein
shall not begin to run—
(A) against a minor until the earlier of the date when
such minor reaches 18 years of age or the date on which
a legal representative is duly appointed for such minor, or
(B) against an incompetent person until the earlier of
the date on which such incompetent’s incompetency ends
or the date on which a legal representative is duly appointed for such incompetent.
(33 U.S.C. 2717)
SEC. 1018. RELATIONSHIP TO OTHER LAW.

(a) PRESERVATION OF STATE AUTHORITIES; SOLID WASTE DISACT.—Nothing in this Act or the Act of March 3, 1851
shall—
(1) affect, or be construed or interpreted as preempting, the
authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect
to—
(A) the discharge of oil or other pollution by oil within
such State; or

POSAL

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(B) any removal activities in connection with such a discharge; or
(2) affect, or be construed or interpreted to affect or modify
in any way the obligations or liabilities of any person under
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State
law, including common law.
(b) PRESERVATION OF STATE FUNDS.—Nothing in this Act or in
section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509)
shall in any way affect, or be construed to affect, the authority of
any State—
(1) to establish, or to continue in effect, a fund any purpose
of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of
oil pollution; or
(2) to require any person to contribute to such a fund.
(c) ADDITIONAL REQUIREMENTS AND LIABILITIES; PENALTIES.—
Nothing in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et
seq.), or section 9509 of the Internal Revenue Code of 1986 (26
U.S.C. 9509), shall in any way affect, or be construed to affect, the
authority of the United States or any State or political subdivision
thereof—
(1) to impose additional liability or additional requirements;
or
(2) to impose, or to determine the amount of, any fine or
penalty (whether criminal or civil in nature) for any violation
of law;
relating to the discharge, or substantial threat of a discharge, of
oil.
(d) FEDERAL EMPLOYEE LIABILITY.—For purposes of section
2679(b)(2)(B) of title 28, United States Code, nothing in this Act
shall be construed to authorize or create a cause of action against
a Federal officer or employee in the officer’s or employee’s personal
or individual capacity for any act or omission while acting within
the scope of the officer’s or employee’s office or employment.
(33 U.S.C. 2718)
SEC. 1019. STATE FINANCIAL RESPONSIBILITY.

A State may enforce, on the navigable waters of the State, the
requirements for evidence of financial responsibility under section
1016.
(33 U.S.C. 2719)
SEC. 1020. APPLICATION.

This Act shall apply to an incident occurring after the date of the
enactment of this Act.
(33 U.S.C. 2701 note)

TITLE II—CONFORMING AMENDMENTS
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SEC. 2002. FEDERAL WATER POLLUTION CONTROL ACT.

(a) APPLICATION.—Subsections (f), (g), (h), and (i) of section 311
of the Federal Water Pollution Control Act (33 U.S.C. 1321) shall
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not apply with respect to any incident for which liability is established under section 1002 of this Act.
(b) * * *
(33 U.S.C. 1321 note)
SEC. 2003. DEEPWATER PORT ACT.

(a) * * *
(b) AMOUNTS REMAINING IN DEEPWATER PORT FUND.—Any
amounts remaining in the Deepwater Port Liability Fund established under section 18(f) of the Deepwater Port Act of 1974 (33
U.S.C. 1517(f)) shall be deposited in the Oil Spill Liability Trust
Fund established under section 9509 of the Internal Revenue Code
of 1986 (26 U.S.C. 9509). The Oil Spill Liability Trust Fund shall
assume all liability incurred by the Deepwater Port Liability Fund.
(26 U.S.C. 9509 note)
SEC. 2004. OUTER CONTINENTAL SHELF LANDS ACT AMENDMENTS
OF 1978.

Title III of the Outer Continental Shelf Lands Act Amendments
of 1978 (43 U.S.C. 1811–1824) is repealed. Any amounts remaining
in the Offshore Oil Pollution Compensation Fund established under
section 302 of that title (43 U.S.C. 1812) shall be deposited in the
Oil Spill Liability Trust Fund established under section 9509 of the
Internal Revenue Code of 1986 (26 U.S.C. 9509). The Oil Spill Liability Trust Fund shall assume all liability incurred by the Offshore Oil Pollution Compensation Fund.
(26 U.S.C. 9509 note)

TITLE III—INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL
SEC. 3001. SENSE OF CONGRESS REGARDING PARTICIPATION IN
INTERNATIONAL REGIME.

It is the sense of the Congress that it is in the best interests of
the United States to participate in an international oil pollution liability and compensation regime that is at least as effective as Federal and State laws in preventing incidents and in guaranteeing
full and prompt compensation for damages resulting from incidents.
SEC. 3002. UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERATION.

(a) REVIEW.—The Secretary of State shall review relevant international agreements and treaties with the Government of Canada,
including the Great Lakes Water Quality Agreement, to determine
whether amendments or additional international agreements are
necessary to—
(1) prevent discharges of oil on the Great Lakes;
(2) ensure an immediate and effective removal of oil on the
Great Lakes; and
(3) fully compensate those who are injured by a discharge of
oil on the Great Lakes.
(b) CONSULTATION.—In carrying out this section, the Secretary of
State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and AtmosDecember 29, 2000

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pheric Administration, the Great Lakes States, the International
Joint Commission, and other appropriate agencies.
(c) REPORT.—The Secretary of State shall submit a report to the
Congress on the results of the review under this section within 6
months after the date of the enactment of this Act.
SEC. 3003. UNITED STATES-CANADA LAKE CHAMPLAIN OIL SPILL COOPERATION.

(a) REVIEW.—The Secretary of State shall review relevant international agreements and treaties with the Government of Canada,
to determine whether amendments or additional international
agreements are necessary to—
(1) prevent discharges of oil on Lake Champlain;
(2) ensure an immediate and effective removal of oil on Lake
Champlain; and
(3) fully compensate those who are injured by a discharge of
oil on Lake Champlain.
(b) CONSULTATION.—In carrying out this section, the Secretary of
State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the States of Vermont and New York, the
International Joint Commission, and other appropriate agencies.
(c) REPORT.—The Secretary of State shall submit a report to the
Congress on the results of the review under this section within 6
months after the date of the enactment of this Act.
SEC. 3004. INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT
AND PERSONNEL.

The President shall encourage appropriate international organizations to establish an international inventory of spill removal
equipment and personnel.
SEC. 3005. NEGOTIATIONS WITH CANADA CONCERNING TUG ESCORTS
IN PUGET SOUND.

Congress urges the Secretary of State to enter into negotiations
with the Government of Canada to ensure that tugboat escorts are
required for all tank vessels with a capacity over 40,000 deadweight tons in the Strait of Juan de Fuca and in Haro Strait.

TITLE IV—PREVENTION AND REMOVAL
Subtitle A—Prevention
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SEC. 4102. TERM OF LICENSES, CERTIFICATES OF REGISTRY, AND
MERCHANT MARINERS’ DOCUMENTS; CRIMINAL RECORD
REVIEWS IN RENEWALS.

(a) * * *
*
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*
(d) TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCUMENTS.—A license, certificate of registry, or merchant mariner’s
document issued before the date of the enactment of this section
terminates on the day it would have expired if—
(1) subsections (a), (b), and (c) were in effect on the date it
was issued; and
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(2) it was renewed at the end of each 5-year period under
section 7106, 7107, or 7302 of title 46, United States Code.
(46 U.S.C. 7106 note)

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SEC. 4107. VESSEL TRAFFIC SERVICE SYSTEMS.

(a) * * *
(b) DIRECTION OF VESSEL MOVEMENT.—
(1) STUDY.—The Secretary shall conduct a study—
(A) of whether the Secretary should be given additional
authority to direct the movement of vessels on navigable
waters and should exercise such authority; and
(B) to determine and prioritize the United States ports
and channels that are in need of new, expanded, or improved vessel traffic service systems, by evaluating—
(i) the nature, volume, and frequency of vessel traffic;
(ii) the risks of collisions, spills, and damages associated with that traffic;
(iii) the impact of installation, expansion, or improvement of a vessel traffic service system; and
(iv) all other relevant costs and data.
(2) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Congress
a report on the results of the study conducted under paragraph
(1) and recommendations for implementing the results of that
study.
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SEC. 4109. PERIODIC GAUGING OF PLATING THICKNESS OF COMMERCIAL VESSELS.

Not later than 1 year after the date of the enactment of this Act,
the Secretary shall issue regulations for vessels constructed or
adapted to carry, or that carry, oil in bulk as cargo or cargo
residue—
(1) establishing minimum standards for plating thickness;
and
(2) requiring, consistent with generally recognized principles
of international law, periodic gauging of the plating thickness
of all such vessels over 30 years old operating on the navigable
waters or the waters of the exclusive economic zone.
(46 U.S.C. 3703 note)
SEC. 4110. OVERFILL AND TANK LEVEL OR PRESSURE MONITORING
DEVICES.

(a) STANDARDS.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish, by regulation,
minimum standards for devices for warning persons of overfills and
tank levels of oil in cargo tanks and devices for monitoring the
pressure of oil cargo tanks.
(b) USE.—Not later than 1 year after the date of the enactment
of this Act, the Secretary shall issue regulations establishing, consistent with generally recognized principles of international law, requirements concerning the use of—
(1) overfill devices, and
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(2) tank level or pressure monitoring devices,
which are referred to in subsection (a) and which meet the standards established by the Secretary under subsection (a), on vessels
constructed or adapted to carry, or that carry, oil in bulk as cargo
or cargo residue on the navigable waters and the waters of the exclusive economic zone.
(46 U.S.C. 3703 note)
SEC. 4111. STUDY ON TANKER NAVIGATION SAFETY STANDARDS.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a study to determine
whether existing laws and regulations are adequate to ensure the
safe navigation of vessels transporting oil or hazardous substances
in bulk on the navigable waters and the waters of the exclusive
economic zone.
(b) CONTENT.—In conducting the study required under subsection (a), the Secretary shall—
(1) determine appropriate crew sizes on tankers;
(2) evaluate the adequacy of qualifications and training of
crewmembers on tankers;
(3) evaluate the ability of crewmembers on tankers to take
emergency actions to prevent or remove a discharge of oil or
a hazardous substance from their tankers;
(4) evaluate the adequacy of navigation equipment and systems on tankers (including sonar, electronic chart display, and
satellite technology);
(5) evaluate and test electronic means of position-reporting
and identification on tankers, consider the minimum standards
suitable for equipment for that purpose, and determine whether to require that equipment on tankers;
(6) evaluate the adequacy of navigation procedures under
different operating conditions, including such variables as
speed, daylight, ice, tides, weather, and other conditions;
(7) evaluate whether areas of navigable waters and the exclusive economic zone should be designated as zones where the
movement of tankers should be limited or prohibited;
(8) evaluate whether inspection standards are adequate;
(9) review and incorporate the results of past studies, including studies conducted by the Coast Guard and the Office of
Technology Assessment;
(10) evaluate the use of computer simulator courses for
training bridge officers and pilots of vessels transporting oil or
hazardous substances on the navigable waters and waters of
the exclusive economic zone, and determine the feasibility and
practicality of mandating such training;
(11) evaluate the size, cargo capacity, and flag nation of
tankers transporting oil or hazardous substances on the navigable waters and the waters of the exclusive economic zone—
(A) identifying changes occurring over the past 20 years
in such size and cargo capacity and in vessel navigation
and technology; and
(B) evaluating the extent to which the risks or difficulties associated with tanker navigation, vessel traffic control, accidents, oil spills, and the containment and cleanup
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of such spills are influenced by or related to an increase
in tanker size and cargo capacity; and
(12) evaluate and test a program of remote alcohol testing
for masters and pilots aboard tankers carrying significant
quantities of oil.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall transmit to the Congress a report
on the results of the study conducted under subsection (a), including recommendations for implementing the results of that study.
(46 U.S.C. 3703 note)
SEC. 4112. DREDGE MODIFICATION STUDY.

(a) STUDY.—The Secretary of the Army shall conduct a study and
demonstration to determine the feasibility of modifying dredges to
make them usable in removing discharges of oil and hazardous
substances.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary of the Army shall submit to the Congress
a report on the results of the study conducted under subsection (a)
and recommendations for implementing the results of that study.
SEC. 4113. USE OF LINERS.

(a) STUDY.—The President shall conduct a study to determine
whether liners or other secondary means of containment should be
used to prevent leaking or to aid in leak detection at onshore facilities used for the bulk storage of oil and located near navigable waters.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the President shall submit to the Congress a report on
the results of the study conducted under subsection (a) and recommendations to implement the results of the study.
(c) IMPLEMENTATION.—Not later than 6 months after the date
the report required under subsection (b) is submitted to the Congress, the President shall implement the recommendations contained in the report.
SEC. 4114. TANK VESSEL MANNING.

(a) RULEMAKING.—In order to protect life, property, and the environment, the Secretary shall initiate a rulemaking proceeding
within 180 days after the date of the enactment of this Act to define the conditions under, and designate the waters upon, which
tank vessels subject to section 3703 of title 46, United States Code,
may operate in the navigable waters with the auto-pilot engaged
or with an unattended engine room.
(b) * * *
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(46 U.S.C. 3703 note)
SEC. 4115. ESTABLISHMENT OF DOUBLE HULL REQUIREMENT FOR
TANK VESSELS.

(a) * * *
(b) RULEMAKING.—The Secretary shall, within 12 months after
the date of the enactment of this Act, complete a rulemaking proceeding and issue a final rule to require that tank vessels over
5,000 gross tons affected by section 3703a of title 46, United States
Code, as added by this section, comply until January 1, 2015, with
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structural and operational requirements that the Secretary determines will provide as substantial protection to the environment as
is economically and technologically feasible.
(46 U.S.C. 3703a note)

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(e) SECRETARIAL STUDIES.—
(1) OTHER REQUIREMENTS.—Not later than 6 months after
the date of enactment of this Act, the Secretary shall determine, based on recommendations from the National Academy
of Sciences or other qualified organizations, whether other
structural and operational tank vessel requirements will provide protection to the marine environment equal to or greater
than that provided by double hulls, and shall report to the
Congress that determination and recommendations for legislative action.
(2) REVIEW AND ASSESSMENT.—The Secretary shall—
(A) periodically review recommendations from the National Academy of Sciences and other qualified organizations on methods for further increasing the environmental
and operational safety of tank vessels;
(B) not later than 5 years after the date of enactment
of this Act, assess the impact of this section on the safety
of the marine environment and the economic viability and
operational makeup of the maritime oil transportation industry; and
(C) report the results of the review and assessment to
the Congress with recommendations for legislative or other
action.
(3)(A) The Secretary of Transportation shall coordinate
with the Marine Board of the National Research Council to
conduct the necessary research and development of a rationally
based equivalency assessment approach, which accounts for
the overall environmental performance of alternative tank vessel designs. Notwithstanding the Coast Guard opinion of the
application of sections 101 and 311 of the Clean Water Act (33
U.S.C. 1251 and 1321), the intent of this study is to establish
an equivalency evaluation procedure that maintains a high
standard of environmental protection, while encouraging innovative ship design. The study shall include:
(i) development of a generalized cost spill data base,
which includes all relevant costs such as clean-up costs
and environmental impact costs as a function of spill size;
(ii) refinement of the probability density functions
used to establish the extent of vessel damage, based on the
latest available historical damage statistics, and current
research on the crash worthiness of tank vessel structures;
(iii) development of a rationally based approach for
calculating an environmental index, to assess overall outflow performance due to collisions and groundings; and
(iv) application of the proposed index to double hull
tank vessels and alternative designs currently under consideration.
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(B) A Marine Board committee shall be established not
later that 2 months after the date of the enactment of the
Coast Guard Authorization Act of 1998. The Secretary of
Transportation shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure in the House of Representatives a report on the results of the study not later than
12 months after the date of the enactment of the Coast Guard
Authorization Act of 1998.
(C) Of the amounts authorized by section 1012(a)(5)(A) of
this Act, $500,000 is authorized to carry out the activities
under subparagraphs (A) and (B) of this paragraph.
(46 U.S.C. 3703a note)

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SEC. 4116. PILOTAGE.

(a) * * *
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(c) ESCORTS FOR CERTAIN TANKERS.—Not later than 6 months
after the date of the enactment of this Act, the Secretary shall initiate issuance of regulations under section 3703(a)(3) of title 46,
United States Code, to define those areas, including Prince William
Sound, Alaska, and Rosario Strait and Puget Sound, Washington
(including those portions of the Strait of Juan de Fuca east of Port
Angeles, Haro Strait, and the Strait of Georgia subject to United
States jurisdiction), on which single hulled tankers over 5,000 gross
tons transporting oil in bulk shall be escorted by at least two towing vessels (as defined under section 2101 of title 46, United States
Code) or other vessels considered appropriate by the Secretary.
(d) TANKER DEFINED.—In this section the term ‘‘tanker’’ has the
same meaning the term has in section 2101 of title 46, United
States Code.
(46 U.S.C. 3703 note)
SEC. 4117. MARITIME POLLUTION PREVENTION TRAINING PROGRAM
STUDY.

The Secretary shall conduct a study to determine the feasibility
of a Maritime Oil Pollution Prevention Training program to be carried out in cooperation with approved maritime training institutions. The study shall assess the costs and benefits of transferring
suitable vessels to selected maritime training institutions, equipping the vessels for oil spill response, and training students in oil
pollution response skills. The study shall be completed and transmitted to the Congress no later than one year after the date of the
enactment of this Act.
(46 U.S.C. app. 1295 note)
SEC. 4118. VESSEL COMMUNICATION EQUIPMENT REGULATIONS.

The Secretary shall, not later than one year after the date of the
enactment of this Act, issue regulations necessary to ensure that
vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act of
1971 (33 U.S.C. 1203) are also equipped as necessary to—
(1) receive radio marine navigation safety warnings; and
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(2) engage in radio communications on designated frequencies with the Coast Guard, and such other vessels and stations as may be specified by the Secretary.
(33 U.S.C. 1203 note)

Subtitle B—Removal
SEC. 4201. FEDERAL REMOVAL AUTHORITY.

(a) * * *
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(c) 1REVISION OF NATIONAL CONTINGENCY PLAN.—Not later than
one year after the date of the enactment of this Act, the President
shall revise and republish the National Contingency Plan prepared
under section 311(c)(2) of the Federal Water Pollution Control Act
(as in effect immediately before the date of the enactment of this
Act) to implement the amendments made by this section and section 4202.
(33 U.S.C. 1321 note)
SEC. 4202. NATIONAL PLANNING AND RESPONSE SYSTEM.

(a) * * *
(b) IMPLEMENTATION.—
(1) AREA COMMITTEES AND CONTINGENCY PLANS.—(A) Not
later than 6 months after the date of the enactment of this Act,
the President shall designate the areas for which Area Committees are established under section 311(j)(4) of the Federal
Water Pollution Control Act, as amended by this Act. In designating such areas, the President shall ensure that all navigable waters, adjoining shorelines, and waters of the exclusive
economic zone are subject to an Area Contingency Plan under
that section.
(B) Not later than 18 months after the date of the enactment
of this Act, each Area Committee established under that section shall submit to the President the Area Contingency Plan
required under that section.
(C) Not later than 24 months after the date of the enactment
of this Act, the President shall—
(i) promptly review each plan;
(ii) require amendments to any plan that does not meet
the requirements of section 311(j)(4) of the Federal Water
Pollution Control Act; and
(iii) approve each plan that meets the requirements of
that section.
(2) NATIONAL RESPONSE UNIT.—Not later than one year after
the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish
a National Response Unit in accordance with section 311(j)(2)
of the Federal Water Pollution Control Act, as amended by this
Act.
(3) COAST GUARD DISTRICT RESPONSE GROUPS.—Not later
than 1 year after the date of the enactment of this Act, the
1 So

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in law. Probably should be redesignated as subsection (d).

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Secretary of the department in which the Coast Guard is operating shall establish Coast Guard District Response Groups in
accordance with section 311(j)(3) of the Federal Water Pollution Control Act, as amended by this Act.
(4) TANK VESSEL AND FACILITY RESPONSE PLANS; TRANSITION
PROVISION; EFFECTIVE DATE OF PROHIBITION.—(A) Not later
than 24 months after the date of the enactment of this Act, the
President shall issue regulations for tank vessel and facility response plans under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act.
(B) During the period beginning 30 months after the date of
the enactment of this paragraph and ending 36 months after
that date of enactment, a tank vessel or facility for which a response plan is required to be prepared under section 311(j)(5)
of the Federal Water Pollution Control Act, as amended by this
Act, may not handle, store, or transport oil unless the owner
or operator thereof has submitted such a plan to the President.
(C) Subparagraph (E) of section 311(j)(5) of the Federal
Water Pollution Control Act, as amended by this Act, shall
take effect 36 months after the date of the enactment of this
Act.
(33 U.S.C. 1321 note)

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SEC. 4203. COAST GUARD VESSEL DESIGN.

The Secretary shall ensure that vessels designed and constructed
to replace Coast Guard buoy tenders are equipped with oil skimming systems that are readily available and operable, and that
complement the primary mission of servicing aids to navigation.
*

*

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Subtitle C—Penalties and Miscellaneous
*

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SEC. 4303. FINANCIAL RESPONSIBILITY CIVIL PENALTIES.

(a) ADMINISTRATIVE.—Any person who, after notice and an opportunity for a hearing, is found to have failed to comply with the
requirements of section 1016 or the regulations issued under that
section, or with a denial or detention order issued under subsection
(c)(2) of that section, shall be liable to the United States for a civil
penalty, not to exceed $25,000 per day of violation. The amount of
the civil penalty shall be assessed by the President by written notice. In determining the amount of the penalty, the President shall
take into account the nature, circumstances, extent, and gravity of
the violation, the degree of culpability, any history of prior violation, ability to pay, and such other matters as justice may require.
The President may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to imposition or which
has been imposed under this paragraph. If any person fails to pay
an assessed civil penalty after it has become final, the President
may refer the matter to the Attorney General for collection.
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(b) JUDICIAL.—In addition to, or in lieu of, assessing a penalty
under subsection (a), the President may request the Attorney General to secure such relief as necessary to compel compliance with
this section 1016, including a judicial order terminating operations.
The district courts of the United States shall have jurisdiction to
grant any relief as the public interest and the equities of the case
may require.
(33 U.S.C. 2716a)
SEC. 4304. DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND.

Penalties paid pursuant to section 311 of the Federal Water Pollution Control Act, section 309(c) of that Act, as a result of violations of section 311 of that Act, and the Deepwater Port Act of
1974, shall be deposited in the Oil Spill Liability Trust Fund created under section 9509 of the Internal Revenue Code of 1986 (26
U.S.C. 9509).
(26 U.S.C. 9509 note)

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TITLE V—PRINCE WILLIAM SOUND
PROVISIONS
SEC. 5001. OIL SPILL RECOVERY INSTITUTE.

(a) ESTABLISHMENT OF INSTITUTE.—The Secretary of Commerce
shall provide for the establishment of a Prince William Sound Oil
Spill Recovery Institute (hereinafter in this section referred to as
the ‘‘Institute’’) through the Prince William Sound Science and
Technology Institute located in Cordova, Alaska.
(b) FUNCTIONS.—The Institute shall conduct research and carry
out educational and demonstration projects designed to—
(1) identify and develop the best available techniques, equipment, and materials for dealing with oil spills in the arctic and
subarctic marine environment; and
(2) complement Federal and State damage assessment efforts and determine, document, assess, and understand the
long-range effects of Arctic or Subarctic oil spills on the natural
resources of Prince William Sound and its adjacent waters (as
generally depicted on the map entitled ‘‘EXXON VALDEZ oil
spill dated March 1990’’), and the environment, the economy,
and the lifestyle and well-being of the people who are dependent on them, except that the Institute shall not conduct studies
or make recommendations on any matter which is not directly
related to Arctic or Subarctic oil spills or the effects thereof.
(c) ADVISORY BOARD.—
(1) IN GENERAL.—The policies of the Institute shall be determined by an advisory board, composed of 16 members appointed as follows:
(A) One representative appointed by each of the Commissioners of Fish and Game, Environmental Conservation, and Natural Resources of the State of Alaska, all of
whom shall be State employees.
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(B) One representative appointed by each of the Secretaries of Commerce, the Interior, and Transportation, who
shall be Federal employees.
(C) Two representatives from the fishing industry appointed by the Governor of the State of Alaska from among
residents of communities in Alaska that were affected by
the EXXON VALDEZ oil spill, who shall serve terms of 2
years each. Interested organizations from within the fishing industry may submit the names of qualified individuals for consideration by the Governor.
(D) Two Alaska Natives who represent Native entities
affected by the EXXON VALDEZ oil spill, at least one of
whom represents an entity located in Prince William
Sound, appointed by the Governor of Alaska from a list of
4 qualified individuals submitted by the Alaska Federation
of Natives, who shall serve terms of 2 years each.
(E) Two representatives from the oil and gas industry
to be appointed by the Governor of the State of Alaska who
shall serve terms of 2 years each. Interested organizations
from within the oil and gas industry may submit the
names of qualified individuals for consideration by the
Governor.
(F) Two at-large representatives from among residents
of communities in Alaska that were affected by the
EXXON VALDEZ oil spill who are knowledgeable about
the marine environment and wildlife within Prince William Sound, and who shall serve terms of 2 years each, appointed by the remaining members of the Advisory Board.
Interested parties may submit the names of qualified individuals for consideration by the Advisory Board.
(G) One nonvoting representative of the Institute of Marine Science.
(H) One nonvoting representative appointed by the
Prince William Sound Science and Technology Institute.
(2) CHAIRMAN.—The representative of the Secretary of Commerce shall serve as Chairman of the Advisory Board.
(3) POLICIES.—Policies determined by the Advisory Board
under this subsection shall include policies for the conduct and
support, through contracts and grants awarded on a nationally
competitive basis, of research, projects, and studies to be supported by the Institute in accordance with the purposes of this
section.
(4) SCIENTIFIC REVIEW.—The Advisory Board may request
a scientific review of the research program every five years by
the National Academy of Sciences which shall perform the review, if requested, as part of its responsibilities under section
7001(b)(2).
(d) SCIENTIFIC AND TECHNICAL COMMITTEE.—
(1) IN GENERAL.—The Advisory Board shall establish a scientific and technical committee, composed of specialists in matters relating to oil spill containment and cleanup technology,
arctic and subarctic marine ecology, and the living resources
and socioeconomics of Prince William Sound and its adjacent
waters, from the University of Alaska, the Institute of Marine
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Science, the Prince William Sound Science and Technology Institute, and elsewhere in the academic community.
(2) FUNCTIONS.—The Scientific and Technical Committee
shall provide such advice to the Advisory Board as the Advisory Board shall request, including recommendations regarding
the conduct and support of research, projects, and studies in
accordance with the purposes of this section. The Advisory
Board shall not request, and the Committee shall not provide,
any advice which is not directly related to Arctic or Subarctic
oil spills or the effects thereof.
(e) DIRECTOR.—The Institute shall be administered by a Director
appointed by the Advisory Board. The Prince William Sound
Science and Technology Institute and the Scientific and Technical
Committee may each submit independent recommendations for the
Advisory Board’s consideration for appointment as Director. The
Director may hire such staff and incur such expenses on behalf of
the Institute as are authorized by the Advisory Board.
(f) EVALUATION.—The Secretary of Commerce may conduct an
ongoing evaluation of the activities of the Institute to ensure that
funds received by the Institute are used in a manner consistent
with this section.
(g) AUDIT.—The Comptroller General of the United States, and
any of his or her duly authorized representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Institute and its administering
agency that are pertinent to the funds received and expended by
the Institute and its administering agency.
(h) STATUS OF EMPLOYEES.—Employees of the Institute shall not,
by reason of such employment, be considered to be employees of the
Federal Government for any purpose.
(i) TERMINATION.—The authorization in section 5006(b) providing
funding for the Institute shall terminate 10 years after the date of
the enactment of the Coast Guard Authorization Act of 1996.
(j) USE OF FUNDS.—No funds made available to carry out this
section may be used to initiate litigation. No funds made available
to carry out this section may be used for the acquisition of real
property (including buildings) or construction of any building. No
more than 20 percent of funds made available to carry out this section may be used to lease necessary facilities and to administer the
Institute. The Advisory Board may compensate its Federal representatives for their reasonable travel costs. None of the funds authorized by this section shall be used for any purpose other than
the functions specified in subsection (b).
(k) RESEARCH.—The Institute shall publish and make available
to any person upon request the results of all research, educational,
and demonstration projects conducted by the Institute. The Administrator shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Oceanic and Atmospheric Administration.
(l) DEFINITIONS.—In this section, the term ‘‘Prince William
Sound and its adjacent waters’’ means such sound and waters as
generally depicted on the map entitled ‘‘EXXON VALDEZ oil spill
dated March 1990’’.
(33 U.S.C. 2731)
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SEC. 5002. TERMINAL AND TANKER OVERSIGHT AND MONITORING.

(a) SHORT TITLE AND FINDINGS.—
(1) SHORT TITLE.—This section may be cited as the ‘‘Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990’’.
(2) FINDINGS.—The Congress finds that—
(A) the March 24, 1989, grounding and rupture of the
fully loaded oil tanker, the EXXON VALDEZ, spilled 11
million gallons of crude oil in Prince William Sound, an environmentally sensitive area;
(B) many people believe that complacency on the part of
the industry and government personnel responsible for
monitoring the operation of the Valdez terminal and vessel
traffic in Prince William Sound was one of the contributing
factors to the EXXON VALDEZ oil spill;
(C) one way to combat this complacency is to involve
local citizens in the process of preparing, adopting, and revising oil spill contingency plans;
(D) a mechanism should be established which fosters the
long-term partnership of industry, government, and local
communities in overseeing compliance with environmental
concerns in the operation of crude oil terminals;
(E) such a mechanism presently exists at the Sullom
Voe terminal in the Shetland Islands and this terminal
should serve as a model for others;
(F) because of the effective partnership that has developed at Sullom Voe, Sullom Voe is considered the safest
terminal in Europe;
(G) the present system of regulation and oversight of
crude oil terminals in the United States has degenerated
into a process of continual mistrust and confrontation;
(H) only when local citizens are involved in the process
will the trust develop that is necessary to change the
present system from confrontation to consensus;
(I) a pilot program patterned after Sullom Voe should be
established in Alaska to further refine the concepts and relationships involved; and
(J) similar programs should eventually be established in
other major crude oil terminals in the United States because the recent oil spills in Texas, Delaware, and Rhode
Island indicate that the safe transportation of crude oil is
a national problem.
(b) DEMONSTRATION PROGRAMS.—
(1) ESTABLISHMENT.—There are established 2 Oil Terminal
and Oil Tanker Environmental Oversight and Monitoring
Demonstration Programs (hereinafter referred to as ‘‘Programs’’) to be carried out in the State of Alaska.
(2) ADVISORY FUNCTION.—The function of these Programs
shall be advisory only.
(3) PURPOSE.—The Prince William Sound Program shall be
responsible for environmental monitoring of the terminal facilities in Prince William Sound and the crude oil tankers operating in Prince William Sound. The Cook Inlet Program shall
be responsible for environmental monitoring of the terminal faDecember 29, 2000

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cilities and crude oil tankers operating in Cook Inlet located
South of the latitude at Point Possession and North of the latitude at Amatuli Island, including offshore facilities in Cook
Inlet.
(4) SUITS BARRED.—No program, association, council, committee or other organization created by this section may sue
any person or entity, public or private, concerning any matter
arising under this section except for the performance of contracts.
(c) OIL TERMINAL FACILITIES AND OIL TANKER OPERATIONS ASSOCIATION.—
(1) ESTABLISHMENT.—There is established an Oil Terminal
Facilities and Oil Tanker Operations Association (hereinafter
in this section referred to as the ‘‘Association’’) for each of the
Programs established under subsection (b).
(2) MEMBERSHIP.—Each Association shall be comprised of 4
individuals as follows:
(A) One individual shall be designated by the owners
and operators of the terminal facilities and shall represent
those owners and operators.
(B) One individual shall be designated by the owners
and operators of the crude oil tankers calling at the terminal facilities and shall represent those owners and operators.
(C) One individual shall be an employee of the State of
Alaska, shall be designated by the Governor of the State
of Alaska, and shall represent the State government.
(D) One individual shall be an employee of the Federal
Government, shall be designated by the President, and
shall represent the Federal Government.
(3) RESPONSIBILITIES.—Each Association shall be responsible
for reviewing policies relating to the operation and maintenance of the oil terminal facilities and crude oil tankers which
affect or may affect the environment in the vicinity of their respective terminals. Each Association shall provide a forum
among the owners and operators of the terminal facilities, the
owners and operators of crude oil tankers calling at those facilities, the United States, and the State of Alaska to discuss
and to make recommendations concerning all permits, plans,
and site-specific regulations governing the activities and actions of the terminal facilities which affect or may affect the
environment in the vicinity of the terminal facilities and of
crude oil tankers calling at those facilities.
(4) DESIGNATION OF EXISTING ORGANIZATION.—The Secretary
may designate an existing nonprofit organization as an Association under this subsection if the organization is organized to
meet the purposes of this section and consists of at least the
individuals listed in paragraph (2).
(d) REGIONAL CITIZENS’ ADVISORY COUNCILS.—
(1) MEMBERSHIP.—There is established a Regional Citizens’
Advisory Council (hereinafter in this section referred to as the
‘‘Council’’) for each of the programs established by subsection
(b).
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(2) MEMBERSHIP.—Each Council shall be composed of voting
members and nonvoting members, as follows:
(A) VOTING MEMBERS.—Voting members shall be Alaska
residents and, except as provided in clause (vii) of this
paragraph, shall be appointed by the Governor of the State
of Alaska from a list of nominees provided by each of the
following interests, with one representative appointed to
represent each of the following interests, taking into consideration the need for regional balance on the Council:
(i) Local commercial fishing industry organizations,
the members of which depend on the fisheries resources of the waters in the vicinity of the terminal facilities.
(ii) Aquaculture associations in the vicinity of the
terminal facilities.
(iii) Alaska Native Corporations and other Alaska
Native organizations the members of which reside in
the vicinity of the terminal facilities.
(iv) Environmental organizations the members of
which reside in the vicinity of the terminal facilities.
(v) Recreational organizations the members of which
reside in or use the vicinity of the terminal facilities.
(vi) The Alaska State Chamber of Commerce, to represent the locally based tourist industry.
(vii)(I) For the Prince William Sound Terminal Facilities Council, one representative selected by each of
the following municipalities: Cordova, Whittier, Seward, Valdez, Kodiak, the Kodiak Island Borough, and
the Kenai Peninsula Borough.
(II) For the Cook Inlet Terminal Facilities Council,
one representative selected by each of the following
municipalities: Homer, Seldovia, Anchorage, Kenai,
Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough.
(B) NONVOTING MEMBERS.—One ex-officio, nonvoting
representative shall be designated by, and represent, each
of the following:
(i) The Environmental Protection Agency.
(ii) The Coast Guard.
(iii) The National Oceanic and Atmospheric Administration.
(iv) The United States Forest Service.
(v) The Bureau of Land Management.
(vi) The Alaska Department of Environmental Conservation.
(vii) The Alaska Department of Fish and Game.
(viii) The Alaska Department of Natural Resources.
(ix) The Division of Emergency Services, Alaska Department of Military and Veterans Affairs.
(3) TERMS.—
(A) DURATION OF COUNCILS.—The term of the Councils
shall continue throughout the life of the operation of the
Trans-Alaska Pipeline System and so long as oil is transported to or from Cook Inlet.
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(B) THREE YEARS.—The voting members of each Council
shall be appointed for a term of 3 years except as provided
for in subparagraph (C).
(C) INITIAL APPOINTMENTS.—The terms of the first appointments shall be as follows:
(i) For the appointments by the Governor of the
State of Alaska, one-third shall serve for 3 years, onethird shall serve for 2 years, and one-third shall serve
for one year.
(ii) For the representatives of municipalities required by subsection (d)(2)(A)(vii), a drawing of lots
among the appointees shall determine that one-third
of that group serves for 3 years, one-third serves for
2 years, and the remainder serves for 1 year.
(4) SELF-GOVERNING.—Each Council shall elect its own chairperson, select its own staff, and make policies with regard to
its internal operating procedures. After the initial organizational meeting called by the Secretary under subsection (i),
each Council shall be self-governing.
(5) DUAL MEMBERSHIP AND CONFLICTS OF INTEREST PROHIBITED.—(A) No individual selected as a member of the Council
shall serve on the Association.
(B) No individual selected as a voting member of the Council
shall be engaged in any activity which might conflict with such
individual carrying out his functions as a member thereof.
(6) DUTIES.—Each Council shall—
(A) provide advice and recommendations to the Association on policies, permits, and site-specific regulations relating to the operation and maintenance of terminal facilities
and crude oil tankers which affect or may affect the environment in the vicinity of the terminal facilities;
(B) monitor through the committee established under
subsection (e), the environmental impacts of the operation
of the terminal facilities and crude oil tankers;
(C) monitor those aspects of terminal facilities’ and
crude oil tankers’ operations and maintenance which affect
or may affect the environment in the vicinity of the terminal facilities;
(D) review through the committee established under
subsection (f), the adequacy of oil spill prevention and contingency plans for the terminal facilities and the adequacy
of oil spill prevention and contingency plans for crude oil
tankers, operating in Prince William Sound or in Cook
Inlet;
(E) provide advice and recommendations to the Association on port operations, policies and practices;
(F) recommend to the Association—
(i) standards and stipulations for permits and sitespecific regulations intended to minimize the impact of
the terminal facilities’ and crude oil tankers’ operations in the vicinity of the terminal facilities;
(ii) modifications of terminal facility operations and
maintenance intended to minimize the risk and mitigate the impact of terminal facilities, operations in the
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vicinity of the terminal facilities and to minimize the
risk of oil spills;
(iii) modifications of crude oil tanker operations and
maintenance in Prince William Sound and Cook Inlet
intended to minimize the risk and mitigate the impact
of oil spills; and
(iv) modifications to the oil spill prevention and contingency plans for terminal facilities and for crude oil
tankers in Prince William Sound and Cook Inlet intended to enhance the ability to prevent and respond
to an oil spill; and
(G) create additional committees of the Council as necessary to carry out the above functions, including a scientific and technical advisory committee to the Prince William Sound Council.
(7) NO ESTOPPEL.—No Council shall be held liable under
State or Federal law for costs or damages as a result of rendering advice under this section. Nor shall any advice given by
a voting member of a Council, or program representative or
agent, be grounds for estopping the interests represented by
the voting Council members from seeking damages or other appropriate relief.
(8) SCIENTIFIC WORK.—In carrying out its research, development and monitoring functions, each Council is authorized to
conduct its own scientific research and shall review the scientific work undertaken by or on behalf of the terminal operators or crude oil tanker operators as a result of a legal requirement to undertake that work. Each Council shall also review
the relevant scientific work undertaken by or on behalf of any
government entity relating to the terminal facilities or crude
oil tankers. To the extent possible, to avoid unnecessary duplication, each Council shall coordinate its independent scientific
work with the scientific work performed by or on behalf of the
terminal operators and with the scientific work performed by
or on behalf of the operators of the crude oil tankers.
(e) COMMITTEE FOR TERMINAL AND OIL TANKER OPERATIONS AND
ENVIRONMENTAL MONITORING.—
(1) MONITORING COMMITTEE.—Each Council shall establish a
standing Terminal and Oil Tanker Operations and Environmental Monitoring Committee (hereinafter in this section referred to as the ‘‘Monitoring Committee’’) to devise and manage
a comprehensive program of monitoring the environmental impacts of the operations of terminal facilities and of crude oil
tankers while operating in Prince William Sound and Cook
Inlet. The membership of the Monitoring Committee shall be
made up of members of the Council, citizens, and recognized
scientific experts selected by the Council.
(2) DUTIES.—In fulfilling its responsibilities, the Monitoring
Committee shall—
(A) advise the Council on a monitoring strategy that will
permit early detection of environmental impacts of terminal facility operations and crude oil tanker operations
while in Prince William Sound and Cook Inlet;
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(B) develop monitoring programs and make recommendations to the Council on the implementation of
those programs;
(C) at its discretion, select and contract with universities
and other scientific institutions to carry out specific monitoring projects authorized by the Council pursuant to an
approved monitoring strategy;
(D) complete any other tasks assigned by the Council;
and
(E) provide written reports to the Council which interpret and assess the results of all monitoring programs.
(f) COMMITTEE FOR OIL SPILL PREVENTION, SAFETY, AND EMERGENCY RESPONSE.—
(1) TECHNICAL OIL SPILL COMMITTEE.—Each Council shall establish a standing technical committee (hereinafter referred to
as ‘‘Oil Spill Committee’’) to review and assess measures designed to prevent oil spills and the planning and preparedness
for responding to, containing, cleaning up, and mitigating impacts of oil spills. The membership of the Oil Spill Committee
shall be made up of members of the Council, citizens, and recognized technical experts selected by the Council.
(2) DUTIES.—In fulfilling its responsibilities, the Oil Spill
Committee shall—
(A) periodically review the respective oil spill prevention
and contingency plans for the terminal facilities and for
the crude oil tankers while in Prince William Sound or
Cook Inlet, in light of new technological developments and
changed circumstances;
(B) monitor periodic drills and testing of the oil spill
contingency plans for the terminal facilities and for crude
oil tankers while in Prince William Sound and Cook Inlet;
(C) study wind and water currents and other environmental factors in the vicinity of the terminal facilities
which may affect the ability to prevent, respond to, contain, and clean up an oil spill;
(D) identify highly sensitive areas which may require
specific protective measures in the event of a spill in
Prince William Sound or Cook Inlet;
(E) monitor developments in oil spill prevention, containment, response, and cleanup technology;
(F) periodically review port organization, operations, incidents, and the adequacy and maintenance of vessel traffic service systems designed to assure safe transit of crude
oil tankers pertinent to terminal operations;
(G) periodically review the standards for tankers bound
for, loading at, exiting from, or otherwise using the terminal facilities;
(H) complete any other tasks assigned by the Council;
and
(I) provide written reports to the Council outlining its
findings and recommendations.
(g) AGENCY COOPERATION.—On and after the expiration of the
180-day period following the date of the enactment of this section,
each Federal department, agency, or other instrumentality shall,
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with respect to all permits, site-specific regulations, and other matters governing the activities and actions of the terminal facilities
which affect or may affect the vicinity of the terminal facilities,
consult with the appropriate Council prior to taking substantive action with respect to the permit, site-specific regulation, or other
matter. This consultation shall be carried out with a view to enabling the appropriate Association and Council to review the permit,
site-specific regulation, or other matters and make appropriate recommendations regarding operations, policy or agency actions. Prior
consultation shall not be required if an authorized Federal agency
representative reasonably believes that an emergency exists requiring action without delay.
(h) RECOMMENDATIONS OF THE COUNCIL.—In the event that the
Association does not adopt, or significantly modifies before adoption, any recommendation of the Council made pursuant to the authority granted to the Council in subsection (d), the Association
shall provide to the Council, in writing, within 5 days of its decision, notice of its decision and a written statement of reasons for
its rejection or significant modification of the recommendation.
(i) ADMINISTRATIVE ACTIONS.—Appointments, designations, and
selections of individuals to serve as members of the Associations
and Councils under this section shall be submitted to the Secretary
prior to the expiration of the 120-day period following the date of
the enactment of this section. On or before the expiration of the
180-day period following that date of enactment of this section, the
Secretary shall call an initial meeting of each Association and
Council for organizational purposes.
(j) LOCATION AND COMPENSATION.—
(1) LOCATION.—Each Association and Council established by
this section shall be located in the State of Alaska.
(2) COMPENSATION.—No member of an Association or Council shall be compensated for the member’s services as a member of the Association or Council, but shall be allowed travel
expenses, including per diem in lieu of subsistence, at a rate
established by the Association or Council not to exceed the
rates authorized for employees of agencies under sections 5702
and 5703 of title 5, United States Code. However, each Council
may enter into contracts to provide compensation and expenses
to members of the committees created under subsections (d),
(e), and (f).
(k) FUNDING.—
(1) REQUIREMENT.—Approval of the contingency plans required of owners and operators of the Cook Inlet and Prince
William Sound terminal facilities and crude oil tankers while
operating in Alaskan waters in commerce with those terminal
facilities shall be effective only so long as the respective Association and Council for a facility are funded pursuant to paragraph (2).
(2) PRINCE WILLIAM SOUND PROGRAM.—The owners or operators of terminal facilities or crude oil tankers operating in
Prince William Sound shall provide, on an annual basis, an aggregate amount of not more than $2,000,000, as determined by
the Secretary. Such amount—
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(A) shall provide for the establishment and operation on
the environmental oversight and monitoring program in
Prince William Sound;
(B) shall be adjusted annually by the Anchorage Consumer Price Index; and
(C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities or
crude oil tankers operating in Prince William Sound and
the Prince William Sound terminal facilities Council.
(3) COOK INLET PROGRAM.—The owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet shall provide, on an annual basis, an aggregate amount of not more than $1,000,000, as determined by
the Secretary. Such amount—
(A) shall provide for the establishment and operation of
the environmental oversight and monitoring program in
Cook Inlet;
(B) shall be adjusted annually by the Anchorage Consumer Price Index; and
(C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet
and the Cook Inlet Council.
(l) REPORTS.—
(1) ASSOCIATIONS AND COUNCILS.—Prior to the expiration of
the 36-month period following the date of the enactment of this
section, each Association and Council established by this section shall report to the President and the Congress concerning
its activities under this section, together with its recommendations.
(2) GAO.—Prior to the expiration of the 36-month period following the date of the enactment of this section, the General
Accounting Office shall report to the President and the Congress as to the handling of funds, including donated funds, by
the entities carrying out the programs under this section, and
the effectiveness of the demonstration programs carried out
under this section, together with its recommendations.
(m) DEFINITIONS.—As used in this section, the term—
(1) ‘‘terminal facilities’’ means—
(A) in the case of the Prince William Sound Program,
the entire oil terminal complex located in Valdez, Alaska,
consisting of approximately 1,000 acres including all buildings, docks (except docks owned by the City of Valdez if
those docks are not used for loading of crude oil), pipes,
piping, roads, ponds, tanks, crude oil tankers only while at
the terminal dock, tanker escorts owned or operated by the
operator of the terminal, vehicles, and other facilities associated with, and necessary for, assisting tanker movement
of crude oil into and out of the oil terminal complex; and
(B) in the case of the Cook Inlet Program, the entire oil
terminal complex including all buildings, docks, pipes, piping, roads, ponds, tanks, vessels, vehicles, crude oil tankers only while at the terminal dock, tanker escorts owned
or operated by the operator of the terminal, emergency
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spill response vessels owned or operated by the operator of
the terminal, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and
out of the oil terminal complex;
(2) ‘‘crude oil tanker’’ means a tanker (as that term is defined under section 2101 of title 46, United States Code)—
(A) in the case of the Prince William Sound Program,
calling at the terminal facilities for the purpose of receiving and transporting oil to refineries, operating north of
Middleston Island and bound for or exiting from Prince
William Sound; and
(B) in the case of the Cook Inlet Program, calling at the
terminal facilities for the purpose of receiving and transporting oil to refineries and operating in Cook Inlet and
the Gulf of Alaska north of Amatuli Island, including tankers transiting to Cook Inlet from Prince William Sound;
(3) ‘‘vicinity of the terminal facilities’’ means that geographical area surrounding the environment of terminal facilities which is directly affected or may be directly affected by the
operation of the terminal facilities; and
(4) ‘‘Secretary’’ means the Secretary of Transportation.
(n) SAVINGS CLAUSE.—
(1) REGULATORY AUTHORITY.—Nothing in this section shall
be construed as modifying, repealing, superseding, or preempting any municipal, State or Federal law or regulation, or
in any way affecting litigation arising from oil spills or the
rights and responsibilities of the United States or the State of
Alaska, or municipalities thereof, to preserve and protect the
environment through regulation of land, air, and water uses,
of safety, and of related development. The monitoring provided
for by this section shall be designed to help assure compliance
with applicable laws and regulations and shall only extend to
activities—
(A) that would affect or have the potential to affect the
vicinity of the terminal facilities and the area of crude oil
tanker operations included in the Programs; and
(B) are subject to the United States or State of Alaska,
or municipality thereof, law, regulation, or other legal requirement.
(2) RECOMMENDATIONS.—This subsection is not intended to
prevent the Association or Council from recommending to appropriate authorities that existing legal requirements should
be modified or that new legal requirements should be adopted.
(o) ALTERNATIVE VOLUNTARY ADVISORY GROUP IN LIEU OF COUNCIL.—The requirements of subsections (c) through (l), as such subsections apply respectively to the Prince William Sound Program
and the Cook Inlet Program, are deemed to have been satisfied so
long as the following conditions are met:
(1) PRINCE WILLIAM SOUND.—With respect to the Prince William Sound Program, the Alyeska Pipeline Service Company or
any of its owner companies enters into a contract for the duration of the operation of the Trans-Alaska Pipeline System with
the Alyeska Citizens Advisory Committee in existence on the
date of enactment of this section, or a successor organization,
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to fund that Committee or organization on an annual basis in
the amount provided for by subsection (k)(2)(A) and the President annually certifies that the Committee or organization fosters the general goals and purposes of this section and is
broadly representative of the communities and interests in the
vicinity of the terminal facilities and Prince William Sound.
(2) COOK INLET.—With respect to the Cook Inlet Program,
the terminal facilities, offshore facilities, or crude oil tanker
owners and operators enter into a contract with a voluntary
advisory organization to fund that organization on an annual
basis and the President annually certifies that the organization
fosters the general goals and purposes of this section and is
broadly representative of the communities and interests in the
vicinity of the terminal facilities and Cook Inlet.
(33 U.S.C. 2732)
SEC. 5003. BLIGH REEF LIGHT.

The Secretary of Transportation shall within one year after the
date of the enactment of this title install and ensure operation of
an automated navigation light on or adjacent to Bligh Reef in
Prince William Sound, Alaska, of sufficient power and height to
provide long-range warning of the location of Bligh Reef.
(33 U.S.C. 2733)
SEC. 5004. VESSEL TRAFFIC SERVICE SYSTEM.

The Secretary of Transportation shall within one year after the
date of the enactment of this title—
(1) acquire, install, and operate such additional equipment
(which may consist of radar, closed circuit television, satellite
tracking systems, or other shipboard dependent surveillance),
train and locate such personnel, and issue such final regulations as are necessary to increase the range of the existing
VTS system in the Port of Valdez, Alaska, sufficiently to track
the locations and movements of tank vessels carrying oil from
the Trans-Alaska Pipeline when such vessels are transiting
Prince William Sound, Alaska, and to sound an audible alarm
when such tankers depart from designated navigation routes;
and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives a report
on the feasibility and desirability of instituting positive control
of tank vessel movements in Prince William Sound by Coast
Guard personnel using the Port of Valdez, Alaska, VTS system,
as modified pursuant to paragraph (1).
(33 U.S.C. 2734)
SEC. 5005. EQUIPMENT AND PERSONNEL REQUIREMENTS UNDER
TANK VESSEL AND FACILITY RESPONSE PLANS.

(a) IN GENERAL.—In addition to the requirements for response
plans for vessels established by section 311(j) of the Federal Water
Pollution Control Act, as amended by this Act, a response plan for
a tanker loading cargo at a facility permitted under the TransDecember 29, 2000

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Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), 1 shall
provide for—
(1) prepositioned oil spill containment and removal equipment in communities and other strategic locations within the
geographic boundaries of Prince William Sound, including escort vessels with skimming capability; barges to receive recovered oil; heavy duty sea boom, pumping, transferring, and
lightering equipment; and other appropriate removal equipment for the protection of the environment, including fish
hatcheries;
(2) the establishment of an oil spill removal organization at
appropriate locations in Prince William Sound, consisting of
trained personnel in sufficient numbers to immediately remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is
greater;
(3) training in oil removal techniques for local residents and
individuals engaged in the cultivation or production of fish or
fish products in Prince William Sound;
(4) practice exercises not less than 2 times per year which
test the capacity of the equipment and personnel required
under this paragraph; and
(5) periodic testing and certification of equipment required
under this paragraph, as required by the Secretary.
(b) DEFINITIONS.—In this section—
(1) the term ‘‘Prince William Sound’’ means all State and
Federal waters within Prince William Sound, Alaska, including
the approach to Hinchenbrook Entrance out to and encompassing Seal Rocks; and
(2) the term ‘‘worst case discharge’’ means—
(A) in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and
(B) in the case of a facility, the largest foreseeable discharge in adverse weather conditions.
(33 U.S.C. 2735)
SEC. 5006. FUNDING.

(a) SECTIONS 5001, 5003 AND 5004.—Amounts in the Fund shall
be available, without further appropriations and without fiscal year
limitation, to carry out section 5001 in the amount as determined
in section 5006(b), and to carry out sections 5003 and 5004, in an
amount not to exceed $5,000,000.
(b) USE OF INTEREST ONLY.—The amount of funding to be
made available annually to carry out section 5001 shall be the interest produced by the Fund’s investment of the $22,500,000 remaining funding authorized for the Prince William Sound Oil Spill
Recovery Institute and currently deposited in the Fund and invested by the Secretary of the Treasury in income producing securities along with other funds comprising the Fund. The National Pollution Funds Center shall transfer all such accrued interest, including the interest earned from the date funds in the Trans-Alaska Li1 Section 354(2) of P.L. 102–388 attempted to amend section 5005(a) by inserting ‘‘and a response plan for such a facility,’’ after ‘‘(43 U.S.C. 1651 et seq.).’’. The amendment probably
should have made the insertion after ‘‘(43 U.S.C. 1651 et seq.),’’.

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ability Pipeline Fund were transferred into the Oil Spill Liability
Trust Fund pursuant to section 8102(a)(2)(B)(ii), to the Prince William Sound Oil Spill Recovery Institute annually, beginning 60
days after the date of enactment of the Coast Guard Authorization
Act of 1996.
(c) 1 USE FOR SECTION 1012.—Beginning with the eleventh year
following the date of enactment of the Coast Guard Authorization
Act of 1996, the funding authorized for the Prince William Sound
Oil Spill Recovery Institute and deposited in the Fund shall thereafter be made available for purposes of section 1012 in Alaska.
(c) 2 SECTION 5008.—Amounts in the Fund shall be available,
without further appropriation and without fiscal year limitation, to
carry out section 5008(b), in an amount not to exceed $5,000,000
of which up to $3,000,000 may be used for the lease payment to
the Alaska SeaLife Center under section 5008(b)(2): Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the
extent an official budget request that includes designation of the
entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, is transmitted by the President to the Congress.
(33 U.S.C. 2736)
SEC. 5007. LIMITATION.

Notwithstanding any other law, tank vessels that have spilled
more than 1,000,000 gallons of oil into the marine environment
after March 22, 1989, are prohibited from operating on the navigable waters of Prince William Sound, Alaska.
(33 U.S.C. 2737)
SEC. 5008. NORTH PACIFIC MARINE RESEARCH INSTITUTE.

(a) INSTITUTE ESTABLISHED.—The Secretary of Commerce shall
establish a North Pacific Marine Research Institute (hereafter in
this section referred to as the ‘‘Institute’’) to be administered at the
Alaska SeaLife Center by the North Pacific Research Board.
(b) FUNCTIONS.—The Institute shall—
(1) conduct research and carry out education and demonstration projects on or relating to the North Pacific marine
ecosystem with particular emphasis on marine mammal, sea
bird, fish, and shellfish populations in the Bering Sea and Gulf
of Alaska including populations located in or near Kenai Fjords
National Park and the Alaska Maritime National Wildlife Refuge; and
(2) lease, maintain, operate, and upgrade the necessary research equipment and related facilities necessary to conduct
such research at the Alaska SeaLife Center.
(c) EVALUATION AND AUDIT.—The Secretary of Commerce may
periodically evaluate the activities of the Institute to ensure that
1 First subsection (c) added by sec. 1102(b)(4) of P.L. 104–324, 110 Stat. 3965, Oct. 19, 1996.
For second subsection (c), see note 5006–2.
2 Second subsection (c) added by sec. 2204(2) of P.L. 106–246, 114 Stat. 547, July 13, 2000.
For first subsection (c), see note 5006–1.

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funds received by the Institute are used in a manner consistent
with this section. The Federal Advisory Committee Act (5 U.S.C.
App. 2) shall not apply to the Institute.
(d) STATUS OF EMPLOYEES.—Employees of the Institute shall
not, by reason of such employment, be considered to be employees
of the Federal Government for any purpose.
(e) USE OF FUNDS.—No funds made available to carry out this
section may be used to initiate litigation, or for the acquisition of
real property (other than facilities leased at the Alaska SeaLife
Center). No more than 10 percent of the funds made available to
carry out subsection (b)(1) may be used to administer the Institute.
The administrative funds of the Institute and the administrative
funds of the North Pacific Research Board created under Public
Law 105–83 may be used to jointly administer such programs at
the discretion of the North Pacific Research Board.
(f) AVAILABILITY OF RESEARCH.—The Institute shall publish
and make available to any person on request the results of all research, educational, and demonstration projects conducted by the
Institute. The Institute shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to
the National Park Service, the United States Fish and Wildlife
Service, and the National Oceanic and Atmospheric Administration.
(33 U.S.C. 2738)

TITLE VI—MISCELLANEOUS
SEC. 6001. SAVINGS PROVISIONS.

(a) CROSS-REFERENCES.—A reference to a law replaced by this
Act, including a reference in a regulation, order, or other law, is
deemed to refer to the corresponding provision of this Act.
(b) CONTINUATION OF REGULATIONS.—An order, rule, or regulation in effect under a law replaced by this Act continues in effect
under the corresponding provision of this Act until repealed,
amended, or superseded.
(c) RULE OF CONSTRUCTION.—An inference of legislative construction shall not be drawn by reason of the caption or catch line
of a provision enacted by this Act.
(d) ACTIONS AND RIGHTS.—Nothing in this Act shall apply to any
rights and duties that matured, penalties that were incurred, and
proceedings that were begun before the date of enactment of this
Act, except as provided by this section, and shall be adjudicated
pursuant to the law applicable on the date prior to the date of the
enactment of this Act.
(e) ADMIRALTY AND MARITIME LAW.—Except as otherwise provided in this Act, this Act does not affect—
(1) admiralty and maritime law; or
(2) the jurisdiction of the district courts of the United States
with respect to civil actions under admiralty and maritime jurisdiction, saving to suitors in all cases all other remedies to
which they are otherwise entitled.
(33 U.S.C. 2751)
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SEC. 6002. ANNUAL APPROPRIATIONS.

(a) REQUIRED.—Except as provided in subsection (b), amounts in
the Fund shall be available only as provided in annual appropriation Acts.
(b) EXCEPTIONS.—Subsection (a) shall not apply to sections
1006(f), 1012(a)(4), or 5006, and shall not apply to an amount not
to exceed $50,000,000 in any fiscal year which the President may
make available from the Fund to carry out section 311(c) of the
Federal Water Pollution Control Act, as amended by this Act, and
to initiate the assessment of natural resources damages required
under section 1006. Sums to which this subsection applies shall remain available until expended.
(33 U.S.C. 2752)

øSection 6003—Repealed by section 109 of P.L. 104–134¿
SEC. 6004. COOPERATIVE DEVELOPMENT
CARBON-BEARING AREAS.

OF

COMMON

HYDRO-

(a) * * *
(b) EXCEPTION FOR WEST DELTA FIELD.—Section 5(j) of the Outer
Continental Shelf Lands Act, as added by this section, shall not be
applicable with respect to Blocks 17 and 18 of the West Delta Field
offshore Louisiana.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are hereby authorized to be appropriated such sums as may be necessary to provide compensation, including interest, to the State of Louisiana and
its lessees, for net drainage of oil and gas resources as determined
in the Third Party Factfinder Louisiana Boundary Study dated
March 21, 1989. For purposes of this section, such lessees shall include those persons with an ownership interest in State of Louisiana leases SL10087, SL10088 or SL10187, or ownership interests
in the production or proceeds therefrom, as established by assignment, contract or otherwise. Interest shall be computed for the period March 21, 1989 until the date of payment.

TITLE VII—OIL POLLUTION RESEARCH
AND DEVELOPMENT PROGRAM
SEC. 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.

(a) INTERAGENCY COORDINATING COMMITTEE ON OIL POLLUTION
RESEARCH.—
(1) ESTABLISHMENT.—There is established an Interagency
Coordinating Committee on Oil Pollution Research (hereinafter
in this section referred to as the ‘‘Interagency Committee’’).
(2) PURPOSES.—The Interagency Committee shall coordinate
a comprehensive program of oil pollution research, technology
development, and demonstration among the Federal agencies,
in cooperation and coordination with industry, universities, research institutions, State governments, and other nations, as
appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research.
(3) MEMBERSHIP.—The Interagency Committee shall include
representatives from the Department of Commerce (including
the National Oceanic and Atmospheric Administration and the
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National Institute of Standards and Technology), the Department of Energy, the Department of the Interior (including the
Minerals Management Service and the United States Fish and
Wildlife Service), the Department of Transportation (including
the United States Coast Guard, the Maritime Administration,
and the Research and Special Projects Administration), the Department of Defense (including the Army Corps of Engineers
and the Navy), the Environmental Protection Agency, the National Aeronautics and Space Administration, and the United
States Fire Administration in the Federal Emergency Management Agency, as well as such other Federal agencies as the
President may designate.
A representative of the Department of Transportation shall serve
as Chairman.
(b) OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN.—
(1) IMPLEMENTATION PLAN.—Within 180 days after the date
of enactment of this Act, the Interagency Committee shall submit to Congress a plan for the implementation of the oil pollution research, development, and demonstration program established pursuant to subsection (c). The research plan shall—
(A) identify agency roles and responsibilities;
(B) assess the current status of knowledge on oil pollution prevention, response, and mitigation technologies and
effects of oil pollution on the environment;
(C) identify significant oil pollution research gaps including an assessment of major technological deficiencies
in responses to past oil discharges;
(D) establish research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;
(E) estimate the resources needed to conduct the oil pollution research and development program established pursuant to subsection (c), and timetables for completing research tasks; and
(F) identify, in consultation with the States, regional oil
pollution research needs and priorities for a coordinated,
multidisciplinary program of research at the regional level.
(2) ADVICE AND GUIDANCE.—The Chairman, through the Department of Transportation, shall contract with the National
Academy of Sciences to—
(A) provide advice and guidance in the preparation and
development of the research plan; and
(B) assess the adequacy of the plan as submitted, and
submit a report to Congress on the conclusions of such assessment.
The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on
issues relating to quality assurance and standards measurements relating to its activities under this section.
(c) OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.—
(1) ESTABLISHMENT.—The Interagency Committee shall coordinate the establishment, by the agencies represented on the
Interagency Committee, of a program for conducting oil pollution research and development, as provided in this subsection.
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(2) INNOVATIVE OIL POLLUTION TECHNOLOGY.—The program
established under this subsection shall provide for research,
development, and demonstration of new or improved technologies which are effective in preventing or mitigating oil discharges and which protect the environment, including—
(A) development of improved designs for vessels and facilities, and improved operational practices;
(B) research, development, and demonstration of improved technologies to measure the ullage of a vessel tank,
prevent discharges from tank vents, prevent discharges
during lightering and bunkering operations, contain discharges on the deck of a vessel, prevent discharges
through the use of vacuums in tanks, and otherwise contain discharges of oil from vessels and facilities;
(C) research, development, and demonstration of new or
improved systems of mechanical, chemical, biological, and
other methods (including the use of dispersants, solvents,
and bioremediation) for the recovery, removal, and disposal of oil, including evaluation of the environmental effects of the use of such systems;
(D) research and training, in consultation with the National Response Team, to improve industry’s and Government’s ability to quickly and effectively remove an oil discharge, including the long-term use, as appropriate, of the
National Spill Control School in Corpus Christi, Texas,
and the Center for Marine Training and Safety in Galveston, Texas;
(E) research to improve information systems for decisionmaking, including the use of data from coastal mapping, baseline data, and other data related to the environmental effects of oil discharges, and cleanup technologies;
(F) development of technologies and methods to protect
public health and safety from oil discharges, including the
population directly exposed to an oil discharge;
(G) development of technologies, methods, and standards
for protecting removal personnel, including training, adequate supervision, protective equipment, maximum exposure limits, and decontamination procedures;
(H) research and development of methods to restore and
rehabilitate natural resources damaged by oil discharges;
(I) research to evaluate the relative effectiveness and environmental impacts of bioremediation technologies; and
(J) the demonstration of a satellite-based, dependent
surveillance vessel traffic system in Narragansett Bay to
evaluate the utility of such system in reducing the risk of
oil discharges from vessel collisions and groundings in confined waters.
(3) OIL POLLUTION TECHNOLOGY EVALUATION.—The program
established under this subsection shall provide for oil pollution
prevention and mitigation technology evaluation including—
(A) the evaluation and testing of technologies developed
independently of the research and development program
established under this subsection;
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(B) the establishment, where appropriate, of standards
and testing protocols traceable to national standards to
measure the performance of oil pollution prevention or
mitigation technologies; and
(C) the use, where appropriate, of controlled field testing
to evaluate real-world application of oil discharge prevention or mitigation technologies.
(4) OIL POLLUTION EFFECTS RESEARCH.—(A) The Committee
shall establish a research program to monitor and evaluate the
environmental effects of oil discharges. Such program shall include the following elements:
(i) The development of improved models and capabilities
for predicting the environmental fate, transport, and effects of oil discharges.
(ii) The development of methods, including economic
methods, to assess damages to natural resources resulting
from oil discharges.
(iii) The identification of types of ecologically sensitive
areas at particular risk to oil discharges and the preparation of scientific monitoring and evaluation plans, one for
each of several types of ecological conditions, to be implemented in the event of major oil discharges in such areas.
(iv) The collection of environmental baseline data in ecologically sensitive areas at particular risk to oil discharges
where such data are insufficient.
(B) The Department of Commerce in consultation with the
Environmental Protection Agency shall monitor and scientifically evaluate the long-term environmental effects of oil discharges if—
(i) the amount of oil discharged exceeds 250,000 gallons;
(ii) the oil discharge has occurred on or after January 1,
1989; and
(iii) the Interagency Committee determines that a study
of the long-term environmental effects of the discharge
would be of significant scientific value, especially for preventing or responding to future oil discharges.
Areas for study may include the following sites where oil discharges have occurred: the New York/New Jersey Harbor area,
where oil was discharged by an Exxon underwater pipeline, the
T/B CIBRO SAVANNAH, and the M/V BT NAUTILUS; Narragansett Bay where oil was discharged by the WORLD PRODIGY; the Houston Ship Channel where oil was discharged by
the RACHEL B; the Delaware River, where oil was discharged
by the PRESIDENTE RIVERA, and Huntington Beach, California, where oil was discharged by the AMERICAN TRADER.
(C) Research conducted under this paragraph by, or through,
the United States Fish and Wildlife Service shall be directed
and coordinated by the National Wetland Research Center.
(5) MARINE SIMULATION RESEARCH.—The program established under this subsection shall include research on the
greater use and application of geographic and vessel response
simulation models, including the development of additional
data bases and updating of existing data bases using, among
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others, the resources of the National Maritime Research Center. It shall include research and vessel simulations for—
(A) contingency plan evaluation and amendment;
(B) removal and strike team training;
(C) tank vessel personnel training; and
(D) those geographic areas where there is a significant
likelihood of a major oil discharge.
(6) DEMONSTRATION PROJECTS.—The United States Coast
Guard, in conjunction with other such agencies in the Department of Transportation as the Secretary of Transportation may
designate, shall conduct 4 1 port oil pollution minimization
demonstration projects, one each with (A) the Port Authority of
New York and New Jersey, (B) the Ports of Los Angeles and
Long Beach, California, 1 (C) the Port of New Orleans, Louisiana, and (D) a port on the Great Lakes 1 for the purpose of
developing and demonstrating integrated port oil pollution prevention and cleanup systems which utilize the information and
implement the improved practices and technologies developed
from the research, development, and demonstration program
established in this section. Such systems shall utilize improved
technologies and management practices for reducing the risk of
oil discharges, including, as appropriate, improved data access,
computerized tracking of oil shipments, improved vessel tracking and navigation systems, advanced technology to monitor
pipeline and tank conditions, improved oil spill response capability, improved capability to predict the flow and effects of oil
discharges in both the inner and outer harbor areas for the
purposes of making infrastructure decisions, and such other activities necessary to achieve the purposes of this section.
(7) SIMULATED ENVIRONMENTAL TESTING.—Agencies represented on the Interagency Committee shall ensure the longterm use and operation of the Oil and Hazardous Materials
Simulated Environmental Test Tank (OHMSETT) Research
Center in New Jersey for oil pollution technology testing and
evaluations.
(8) REGIONAL RESEARCH PROGRAM.—(A) Consistent with the
research plan in subsection (b), the Interagency Committee
shall coordinate a program of competitive grants to universities
or other research institutions, or groups of universities or research institutions, for the purposes of conducting a coordinated research program related to the regional aspects of oil
pollution, such as prevention, removal, mitigation, and the effects of discharged oil on regional environments. For the purposes of this paragraph, a region means a Coast Guard district
as set out in part 3 of title 33, Code of Federal Regulations
(1989).
(B) The Interagency Committee shall coordinate the publication by the agencies represented on the Interagency Committee
of a solicitation for grants under this subsection. The application shall be in such form and contain such information as may
be required in the published solicitation. The applications shall
1 Section 2002(1) of P.L. 101–537 and section 4002(1) of P.L. 101–646 made almost identical
amendments to section 7001(c)(6). The amendments made by P.L. 101–537 have been executed.

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be reviewed by the Interagency Committee, which shall make
recommendations to the appropriate granting agency represented on the Interagency Committee for awarding the
grant. The granting agency shall award the grants recommended by the Interagency Committee unless the agency
decides not to award the grant due to budgetary or other compelling considerations and publishes its reasons for such a determination in the Federal Register. No grants may be made
by any agency from any funds authorized for this paragraph
unless such grant award has first been recommended by the
Interagency Committee.
(C) Any university or other research institution, or group of
universities or research institutions, may apply for a grant for
the regional research program established by this paragraph.
The applicant must be located in the region, or in a State a
part of which is in the region, for which the project is proposed
as part of the regional research program. With respect to a
group application, the entity or entities which will carry out
the substantial portion of the proposed research must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional
research program.
(D) The Interagency Committee shall make recommendations on grants in such a manner as to ensure an appropriate
balance within a region among the various aspects of oil pollution research, including prevention, removal, mitigation, and
the effects of discharged oil on regional environments. In addition, the Interagency Committee shall make recommendations
for grants based on the following criteria:
(i) There is available to the applicant for carrying out
this paragraph demonstrated research resources.
(ii) The applicant demonstrates the capability of making
a significant contribution to regional research needs.
(iii) The projects which the applicant proposes to carry
out under the grant are consistent with the research plan
under subsection (b)(1)(F) and would further the objectives
of the research and development program established in
this section.
(E) Grants provided under this paragraph shall be for a period up to 3 years, subject to annual review by the granting
agency, and provide not more than 80 percent of the costs of
the research activities carried out in connection with the grant.
(F) No funds made available to carry out this subsection may
be used for the acquisition of real property (including buildings) or construction of any building.
(G) Nothing in this paragraph is intended to alter or abridge
the authority under existing law of any Federal agency to
make grants, or enter into contracts or cooperative agreements,
using funds other than those authorized in this Act for the
purposes of carrying out this paragraph.
(9) FUNDING.—For each of the fiscal years 1991, 1992, 1993,
1994, and 1995, $6,000,000 of amounts in the Fund shall be
available to carry out the regional research program in paragraph (8), such amounts to be available in equal amounts for
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the regional research program in each region; except that if the
agencies represented on the Interagency Committee determine
that regional research needs exist which cannot be addressed
within such funding limits, such agencies may use their authority under paragraph (10) to make additional grants to
meet such needs. For the purposes of this paragraph, the research program carried out by the Prince William Sound Oil
Spill Recovery Institute established under section 5001, shall
not be eligible to receive grants under this paragraph until the
authorization for funding under section 5006(b) expires.
(10) GRANTS.—In carrying out the research and development
program established under this subsection, the agencies represented on the Interagency Committee may enter into contracts and cooperative agreements and make grants to universities, research institutions, and other persons. Such contracts,
cooperative agreements, and grants shall address research and
technology priorities set forth in the oil pollution research plan
under subsection (b).
(11) In carrying out research under this section, the Department of Transportation shall continue to utilize the resources
of the Research and Special Programs Administration of the
Department of Transportation, to the maximum extent practicable.
(d) INTERNATIONAL COOPERATION.—In accordance with the research plan submitted under subsection (b), the Interagency Committee shall coordinate and cooperate with other nations and foreign research entities in conducting oil pollution research, development, and demonstration activities, including controlled field tests
of oil discharges.
(e) BIENNIAL REPORTS.—The Chairman of the Interagency Committee shall submit to Congress every 2 years on October 30 a report on the activities carried out under this section in the preceding 2 fiscal years, and on activities proposed to be carried out
under this section in the current 2 fiscal year period.
(f) FUNDING.—Not to exceed $22,000,000 1 of amounts in the
Fund shall be available annually to carry out this section except for
subsection (c)(8). Of such sums—
(1) funds authorized to be appropriated to carry out the activities under subsection (c)(4) shall not exceed $5,000,000 for
fiscal year 1991 or $3,500,000 for any subsequent fiscal year;
and
(2) not less than $3,000,000 1 shall be available for carrying
out the activities in subsection (c)(6) for fiscal years 1992,
1993, 1994, and 1995.
All activities authorized in this section, including subsection (c)(8),
are subject to appropriations.
(33 U.S.C. 2761)

1 Section 2002(2) of P.L. 101–537 and section 4002(2) of P.L. 101–646 made almost identical
amendments to section 7001(f). The amendments made by P.L. 101–537 have been executed.

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TITLE VIII—TRANS-ALASKA PIPELINE
SYSTEM
SEC. 8001. SHORT TITLE.

This title may be cited as the ‘‘Trans-Alaska Pipeline System Reform Act of 1990’’.

Subtitle A—Improvements to Trans-Alaska
Pipeline System
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SEC. 8102. TRANS-ALASKA PIPELINE LIABILITY FUND.

(a) TERMINATION OF CERTAIN PROVISIONS.—
(1) * * *
(2) DISPOSITION OF FUND BALANCE.—
(A) RESERVATION OF AMOUNTS.—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) DISPOSITION OF THE BALANCE.—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) DISPOSITION OF THE RESERVED AMOUNTS.—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) AUTHORIZATION.—The amounts transferred and deposited in the Fund shall be available for the purposes of
section 1012 of the Oil Pollution Act of 1990 after funding
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sections 5001 and 8103 to the extent that funds have not
otherwise been provided for the purposes of such sections.
(3) SAVINGS CLAUSE.—The repeal made by paragraph (1)
shall have no effect on any right to recover or responsibility
that arises from incidents subject to section 204(c) of the
Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) occurring prior to the date of enactment of this Act.
(4) * * *
(5) EFFECTIVE DATE.—(A) The repeal by paragraph (1) shall
be effective 60 days after the date on which the Comptroller
General of the United States certifies to the Congress that—
(i) all claims arising under section 204(c) of the TransAlaska 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.
(B) Upon the effective date of the repeal pursuant to subparagraph (A), the trustees of the TAPS Fund shall be relieved
of all responsibilities under section 204(c) of the Trans-Alaska
Pipeline Authorization Act, but not any existing legal liability.
(6) TUCKER ACT.—This subsection is intended expressly to
preserve any and all rights and remedies of contributors to the
TAPS Fund under section 1491 of title 28, United States Code
(commonly referred to as the ‘‘Tucker Act’’).
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SEC. 8103. PRESIDENTIAL TASK FORCE.

(a) ESTABLISHMENT OF TASK FORCE.—
(1) ESTABLISHMENT AND MEMBERS.—(A) There is hereby established a Presidential Task Force on the Trans-Alaska Pipeline System (hereinafter referred to as the ‘‘Task Force’’) composed of the following members appointed by the President:
(i) Three members, one of whom shall be nominated by
the Secretary of the Interior, one by the Administrator of
the Environmental Protection Agency, and one by the Secretary of Transportation.
(ii) Three members nominated by the Governor of the
State of Alaska, one of whom shall be an employee of the
Alaska Department of Natural Resources and one of whom
shall be an employee of the Alaska Department of Environmental Conservation.
(iii) One member nominated by the Office of Technology
Assessment.
(B) Any member appointed to fill a vacancy occurring before
the expiration of the term for which his or her predecessor was
appointed shall be appointed only for the remainder of such
term. A member may serve after the expiration of his or her
term until a successor, if applicable, has taken office.
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(2) COCHAIRMEN.—The President shall appoint a Federal cochairman from among the Federal members of the Task Force
appointed pursuant to paragraph (1)(A) and the Governor shall
designate a State cochairman from among the State members
of the Task Force appointed pursuant to paragraph (1)(B).
(3) COMPENSATION.—Members shall, to the extent approved
in appropriations Acts, receive the daily equivalent of the minimum annual rate of basic pay in effect for grade GS–15 of the
General Schedule for each day (including travel time) during
which they are engaged in the actual performance of duties
vested in the Task Force, except that members who are State,
Federal, or other governmental employees shall receive no
compensation under this paragraph in addition to the salaries
they receive as such employees.
(4) STAFF.—The cochairman of the Task Force shall appoint
a Director to carry out administrative duties. The Director may
hire such staff and incur such expenses on behalf of the Task
Force for which funds are available.
(5) RULE.—Employees of the Task Force shall not, by reason
of such employment, be considered to be employees of the Federal Government for any purpose.
(b) DUTIES OF THE TASK FORCE.—
(1) AUDIT.—The Task Force shall conduct an audit of the
Trans-Alaska Pipeline System (hereinafter referred to as
‘‘TAPS’’) including the terminal at Valdez, Alaska, and other
related onshore facilities, make recommendations to the President, the Congress, and the Governor of Alaska.
(2) COMPREHENSIVE REVIEW.—As part of such audit, the
Task Force shall conduct a comprehensive review of the TAPS
in order to specifically advise the President, the Congress, and
the Governor of Alaska concerning whether—
(A) the holder of the Federal and State right-of-way is,
and has been, in full compliance with applicable laws, regulations, and agreements;
(B) the laws, regulations, and agreements are sufficient
to prevent the release of oil from TAPS and prevent other
damage or degradation to the environment and public
health;
(C) improvements are necessary to TAPS to prevent release of oil from TAPS and to prevent other damage or
degradation to the environment and public health;
(D) improvements are necessary in the onshore oil spill
response capabilities for the TAPS; and
(E) improvements are necessary in security for TAPS.
(3) CONSULTANTS.—(A) The Task Force shall retain at least
one independent consulting firm with technical expertise in engineering, transportation, safety, the environment, and other
applicable areas to assist the Task Force in carrying out this
subsection.
(B) Contracts with any such firm shall be entered into on a
nationally competitive basis, and the Task Force shall not select any firm with respect to which there may be a conflict of
interest in assisting the Task Force in carrying out the audit
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and review. All work performed by such firm shall be under
the direct and immediate supervision of a registered engineer.
(4) PUBLIC COMMENT.—The Task Force shall provide an opportunity for public comment on its activities including at a
minimum the following:
(A) Before it begins its audit and review, the Task Force
shall review reports prepared by other Government entities conducting reviews of TAPS and shall consult with
those Government entities that are conducting ongoing investigations including the General Accounting Office. It
shall also hold at least 2 public hearings, at least 1 of
which shall be held in a community affected by the Exxon
Valdez oil spill. Members of the public shall be given an
opportunity to present both oral and written testimony.
(B) The Task Force shall provide a mechanism for the
confidential receipt of information concerning TAPS, which
may include a designated telephone hotline.
(5) TASK FORCE REPORT.—The Task Force shall publish a
draft report which it shall make available to the public. The
public will have at least 30 days to provide comments on the
draft report. Based on its draft report and the public comments
thereon, the Task Force shall prepare a final report which
shall include its findings, conclusions, and recommendations
made as a result of carrying out such audit. The Task Force
shall transmit (and make available to the public), no later than
2 years after the date on which funding is made available
under paragraph (7), its final report to the President, the Congress, and the Governor of Alaska.
(6) PRESIDENTIAL REPORT.—The President shall, within 90
days after receiving the Task Force’s report, transmit a report
to the Congress and the Governor of Alaska outlining what
measures have been taken or will be taken to implement the
Task Force’s recommendations. The President’s report shall include recommended changes, if any, in Federal and State law
to enhance the safety and operation of TAPS.
(7) EARMARK.—Of amounts in the Fund, $5,000,000 shall be
available, subject to appropriations, annually without fiscal
year limitation to carry out the requirements of this section.
(c) GENERAL ADMINISTRATION AND POWERS OF THE TASK
FORCE.—
(1) AUDIT ACCESS.—The Comptroller General of the United
States, and any of his or her duly appointed representatives,
shall have access, for purposes of audit and examination, to
any books, documents, papers, and records of the Task Force
that are pertinent to the funds received and expended by the
Task Force.
(2) TERMINATION.—The Task Force shall cease to exist on
the date on which the final report is provided pursuant to subsection (b)(5).
(3) FUNCTIONS LIMITATION.—With respect to safety, operations, and other matters related to the pipeline facilities (as
such term is defined in section 202(4) of the Hazardous Liquid
Pipeline Safety Act of 1979) of the TAPS, the Task Force shall
not perform any functions which are the responsibility of the
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Secretary of Transportation under the Hazardous Liquid Pipeline Safety Act of 1979, as amended. The Secretary may use
the information gathered by and reports issued by the Task
Force in carrying out the Secretary’s responsibilities under
that Act.
(4) POWERS.—The Task Force may, to the extent necessary
to carry out its responsibilities, conduct investigations, make
reports, issue subpoenas, require the production of relevant
documents and records, take depositions, and conduct directly
or, by contract, or otherwise, research, testing, and demonstration activities.
(5) EXAMINATION OF RECORDS AND PROPERTIES.—The Task
Force, and the employees and agents it so designates, are authorized, upon presenting appropriate credentials to the person
in charge, to enter upon, inspect, and examine, at reasonable
times and in a reasonable manner, the records and properties
of persons to the extent such records and properties are relevant to determining whether such persons have acted or are
acting in compliance with applicable laws and agreements.
(6) FOIA.—The information gathered by the Task Force pursuant to subsection (b) shall not be subject to section 552 of
title 5, United States Code (commonly referred to as the ‘‘Freedom of Information Act’’), until its final report is issued pursuant to subsection (b)(6).
(33 U.S.C. 1651 note)

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December 29, 2000

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