1625-0102 Stat/Authority

104 STAT. 484

PUBLIC LAW 101-380—AUG. 18, 1990

Public Law 101-380
101st Congress
An Act
Aug. 18, 1990
[H.R. 1465]
Oil Pollution Act
of 1990.
Maritime
affairs.
Environmental
protection.
33 u s e 2701
note.

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".
SEC. 2. TABLE OF CONTENTS.

The contents of this Act are as follows:
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE I—OIL POLLUTION LIABILITY AND COMPENSATION
1001. Definitions.
1002. Elements of liability.
1003. Defenses to liability.
1004. Limits on liability.
1005. Interest.
1006. Natural resources.
1007. Recovery by foreign claimants.
1008. Recovery by responsible party.
1009. Contribution.
1010. Indemnification agreements.
1011. Consultation on removal actions.
1012. Uses of the Fund.
1013. Claims procedure.
1014. Designation of source and advertisement.
1015. Subrogation.
1016. Financial responsibility.
1017. Litigation, jurisdiction, smd venue.
1018. Relationship to other law.
1019. State financial responsibility.
1020. Application.

Sec.
Sec.
Sec.
Sec.

2001.
2002.
2003.
2004.

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

TITLE III—INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL
Sec. 3001. Sense of Congress regarding participation in international regime.
Sec. 3002. United States-Canada Great Lakes oil spill cooperation.
Sec. 3003. United States-Canada Lake Champlain oil spill cooperation.
Sec. 3004. International inventory of removal equipment and personnel.
Sec. 3005. Negotiations with Canada concerning tug escorts in Puget Sound.
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 merch£int 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.

PUBLIC LAW 101-380—AUG. 18, 1990
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

4104.
4105.
4106.
4107.
4108.
4109.
4110.
4111.
4112.
4113.
4114.
4115.
4116.
4117.
4118.

Removal of master or individual in charge.
Access to National Driver Register.
Manning standards for foreign tank vessels.
Vessel traffic service systems.
Great Lakes pilotage.
Periodic gauging of plating thickness of commercial vessels.
Overfill and tank level or pressure monitoring devices.
Study on tanker navigation safety standards.
Dredge modification study.
Use of liners.
Tank vessel manning.
Establishment of double hull requirement for tank vessels.
Pilotage.
Maritime pollution prevention training program study.
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 heizardous 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.
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.
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.

104 STAT. 485

104 STAT. 486

PUBLIC LAW 101-380—AUG. 18, 1990
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
33 u s e 2701.

SeclOOl. 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 damgiges 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,
emptjdng, 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;
(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 territorisd 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;

PUBLIC LAW 101-380—AUG. 18, 1990
(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;
(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, but
not limited to, petroleum, fuel oil, sludge, oil refuse, and oil
mixed with wastes other than dredged spoil, but does not include petroleum, including crude oil or any fraction thereof,
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;

104 STAT. 487

104 STAT. 488

PUBLIC LAW 101-380—AUG. 18, 1990
(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;
(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 FACIUTIES.—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

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 489

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) PiPEUNES.—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
(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.
SEC. 1002. ELEMENTS OF LIABILITY.

33 USC 2702.

(a) I N 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 subsec-

tion (a) are—
(A) all removal costs incurred by the United States, a State and local
State, or an Indian tribe under subsection (c), (d), (e), or (1) of governments.
section 311 of the Federal Water Pollution Control Act (33 Indians.
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:

104 STAT. 490

PUBLIC LAW 101-380—AUG. 18, 1990
(A) NATURAL RESOURCES.—Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including
the regisonable 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.—Dam£iges 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 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) LiABiUTY OF THIRD PARTIES.—
(1) I N GENERAL.—
(A) THIRD PARTY TREATED AS RESPONSIBLE PARTY.—Except

£is 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 respon-

sible 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

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 491

removal costs or damages from the third party or the
Fund paid under this subsection.
(2) LIMITATION APPUED.—
(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.
SEC. 1003. DEFENSES TO LIABILITY.

33 USC 2703.

(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;
(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).
Ob) 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.).
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

33 USC 2704.

104 STAT. 492

PUBLIC LAW 101-380—AUG. 18, 1990

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
(BXi) 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 onshore 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.
0)) DIVISION OF LIABILITY FOR MOBILE OFFSHORE DRILUNG UNITS.—

(1) TREATED FIRST AS TANK VESSEL.—For purposes of determin-

ing the responsible party and appljdng this Act and except as
provided in parsigraph (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 FACIUTY FOR EXCESS LIABIUTY.—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

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 493

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,
(d) ADJUSTING LIMITS OF LIABIUTY.—
(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 deter-

mines, 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 of U.S.

Regulations.

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.
SEC. 1005. INTEREST.

33 u s e 2705.

(a) GENERAL RULE.—The responsible party or the responsible
party's guarantor is liable to a claimant for interest on the amount
paid in satisfaction of a claim under this Act for the period described
in subsection (b).
(b) PERIOD.—

v^

104 STAT. 494

PUBLIC LAW 101-380—AUG. 18, 1990
(1) I N 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 UABIUTY LIMITS.—

(A) I N 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

33 u s e 2706.

State and local
governments.
Indians.

under this subsection by a guarantor is subject to section
1016(g).
SEC. 1006. NATURAL RESOURCES.
(a) LiABiUTY.—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;
(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.—

President of U.S.
Claims.

(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.

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 495

(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 Ot))(4)—
(A) shall assess natural resource damages under section
10020t))(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 ade-

.

104 STAT. 496

PUBLIC LAW 101-380—AUG. 18, 1990
quate public notice, opportunity for a hearing, and consideration of all public comment.
(d) MEASURE OF DAMAGES.—

(1) I N GENERAL.—The measure of natural resource damages
under section 1002(bX2XA) 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.
President of U.S.

(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 assess-

,

33 u s e 2707.

ment 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.
(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) CoMPUANCE.—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.
SEC. 1007. RECOVERY BY FOREIGN CLAIMANTS.
(a) REQUIRED SHOWING BY FOREIGN CLAIMANTS.—

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 497

(1) I N GENERAL.—In addition to satisfjdng 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 claimante.
(2) EXCEPTIONS.—Paragraph (1)(B) shall not apply with respect Canada,
to recovery by a resident of Canada in the case of an incident
described in subsection (bX4).
(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 carr3dng 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;
(2) the government of a foreign country; and
(3) an agency or political subdivision of a foreign country.
SEC. 1008. RECOVERY BY RESPONSIBLE PARTY.

33 USC 2708.

(a) I N 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.
Qo) 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.
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

33 uSC 2709.

104 STAT. 498

PUBLIC LAW 101-380—AUG. 18, 1990

another law. The action shall be brought in accordance with section
1017.
33 u s e 2710.

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.
Ot)) LiABiuTY 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.
President of U.S.
State and local
governments.
33 u s e 2711.

President of U.S.
33 u s e 2712.

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
States. However, this determination shall not preclude additional
removal actions under applicable State law.
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 carr3dng 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 pa3anent of Federal administrative, operational, and
personnel costs and expenses reasonably necessary for qnd
incidental to the implementation, administration, and enforcement of this Act (including, but not limited to, sections
1004(dX2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, and

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 499

title VII) and subsections (b), (c), (d), (j), and (1) 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 Uniformed
available to the Secretary for operating expenses incurred services.
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, £is 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 LIABIUTY 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 damages are caused by the gross negligence or willful misconduct
of that claimant.
(c) OBUGATION 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 parsigraph (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.—Pa5mient of any claim or obligation
by the Fund under this Act shall be subject to the United States

104 STAT. 500

Reports.

PUBLIC LAW 101-380—AUG. 18, 1990

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
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.
0) OBLIGATION IN ACCORDANCE WITH PLAN.—

(1) I N 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.

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 501

SEC. 1013. CLAIMS PROCEDURE.

33 u s e 2713.

(a) PRESENTATION.—Except £is 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) I N GENERAL.—Claims for removal costs or damages may be
presented first to the Fund—
(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
gigainst 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 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 President of U.S.
promulgate, and may from time to time amend, regulations for the Regulations.
presentation, filing, processing, settlement, and adjudication of
claims under this Act sigainst the Fund.
SEC. 1014. DESIGNATION OF SOURCE AND ADVERTISEMENT.
(a) DESIGNATION OF SOURCE AND NOTIFICATION.—When the Presi-

dent 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.—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

President of U.S.
33 u s e 2714.

104 STAT. 502

PUBLIC LAW 101-380—AUG. 18, 1990

shall promptly and at the expense of the responsible party or the
guarantor involved, advertise the designation 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,
(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 e 2715.

SEC. 1015. SUBROGATION.

(a) I N 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) 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 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 e 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, in the
case of a tank vessel, the responsible party could be subject under
section 1004 (a)(1) or (d) of this Act, or to which, in the case of any
other vessel, the responsible party could be subjected under section
1004 (a)(2) or (d), 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.
Ot)) SANCTIONS.—

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 503

(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.—Except as provided in paragraph (2), each
responsible party with respect to an offshore facility shall establish and maintain evidence of financial responsibility of
$150,000,000 to meet the amount of liability to which the
responsible party could be subjected under section 1004(a) in a
case in which the responsible party would be entitled to limit
liability under that section. In a case in which a person is the
responsible party for more than one facility subject to this
subsection, evidence of financial responsibility need be established only to meet the maximum liability applicable to the
facility having the greatest maximum liability.
(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 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 unaccept-

104 STAT. 504

PUBLIC LAW 101-380—AUG. 18, 1990

able, in establishing evidence of financial responsibility to effectuate
the purposes of this Act.
(f) CLAIMS AGAINST GUARANTOR.—Any 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 (1) all rights and defenses which
would be available to the responsible party under this Act, (2) any
defense authorized under subsection (e), and (3) 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.
(g) LIMITATION ON GUARANTOR'S LIABIUTY.—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 required under this Act which
that guarantor has provided for a responsible party.
(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 e 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.
OJ) 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.

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 505

(d) ASSESSMENT AND COLXBCTION 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
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
pajnnent 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.
SEC. 1018. RELATIONSHIP TO OTHER LAW.
(a) PRESERVATION OF STATE AUTHORITIES; SOLID WASTE DISPOSAL

ACT.—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

33 USC 2718.

104 STAT. 506

PUBLIC LAW 101-380—AUG. 18, 1990

imposing any additional liability or requirements with respect
to—
(A) the discharge of oil or other pollution by oil within
such State; or
(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 LIABIUTIES; PENALTIES.—Noth-

ing 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 LIABIUTY.—For purposes of section
2679(b)(2XB) 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 e 2719.

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 e 2701

SEC. 1020. APPLICATION.

This Act shall apply to an incident occurring after the date of the
enactment of this Act.

TITLE II—CONFORMING AMENDMENTS
SEC. 2001. INTERVENTION ON THE HIGH SEAS ACT.

Section 17 of the Intervention on the High Seas Act (33 U.S.C.
1486) is amended to read as follows:
"SEC. 17. The Oil Spill Liability Trust Fund shall be available to
the Secretary for actions taken under sections 5 and 7 of this Act."

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 507

SEC. 2002. FEDERAL WATER POLLUTION CONTROL ACT.

33 USC 1321

(a) APPUCATION.—Subsections (f), (g), (h), and (i) of section 311 of
the Federal Water Pollution Control Act (33 U.S.C. 1321) shall not
apply with respect to any incident for which liability is established
under section 1002 of this Act.
(b) CONFORMING AMENDMENTS.—Section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321) is amended as follows:
(1) Subsection (i) is amended by striking "(1)" after "(i)" and
by striking paragraphs (2) and (3).
(2) Subsection (k) is repealed. Any amounts remaining in the
revolving fund established under that subsection shall be deposited in the Fund. The Fund shall assume all liability incurred
by the revolving fund established under that subsection.
(3) Subsection (1) is amended by striking the second sentence.
(4) Subsection (p) is repealed.
(5) The following is added at the end thereof:
"(s) The Oil Spill Liability Trust Fund established under section
9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall be
available to carry out subsections (b), (c), (d), (j), and (1) as those
subsections apply to discharges, and substantial threats of discharges, of oil. Any amounts received by the United States under
this section shall be deposited in the Oil Spill Liability Trust Fund.".

"°

33 u s e 1321
note.

SEC. 2003. DEEPWATER PORT ACT.
(a) CONFORMING AMENDMENTS.—The Deepwater Port Act of 1974

(33 U.S.C. 1502 et seq.) is amended—
(1) in section 4(c)(1) by striking "section 18(1) of this Act;" and
inserting "section 1016 of the Oil Pollution Act of 1990"; and
(2) by striking section 18.
(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.
SEC. 2004. OUTER CONTINENTAL SHELF LANDS ACT AMENDMENTS OF
1978.

33 USC 1503.
33 use 1517.
26 use 9509
note.

Repeal.

Title III of the Outer Continental Shelf Lands Act Amendments of 26 u s e 9509
1978 (43 U.S.C. 1811-1824) is repealed. Any amounts remaining in note.
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.

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 liabil-

104 STAT. 508

PUBLIC LAW 101-380—AUG. 18, 1990

ity 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 Atmospheric 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.

Vermont.
New York.

(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
PUGETSOUND.

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.

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 509

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.

(a) LICENSES AND CERTIFICATES OF REGISTRY.—Section 7101 of title
46, United States Code, is amended by adding at the end the
following:
"(g) The Secretary may not issue a license or certificate of registry
under this section unless an individual applying for the license or
certificate makes available to the Secretary, under section 206(b)(7)
of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any
information contained in the National Driver Register related to an
offense described in section 205(a)(3) (A) or (B) of that Act committed
by the individual.
"(h) The Secretary may review the criminal record of an individual who applies for a license or certificate of registry under this
section.
"(i) The Secretary shall require the testing of an individual who
applies for issuance or renewal of a license or certificate of registry
under this chapter for use of a dangerous drug in violation of law or
Federal regulation.".
(b) MERCHANT MARINERS' DOCUMENTS.—Section 7302 of title 46,
United States Code, is amended by adding at the end the following:
"(c) The Secretary may not issue a merchant mariner's document
under this chapter unless the individual applying for the document
makes available to the Secretary, under section 206(b)(7) of the
National Driver Register Act of 1982 (23 U.S.C. 401 note), any
information contained in the National Driver Register related to an
offense described in section 205(a)(3) (A) or (B) of that Act committed
by the individual.
"(d) The Secretary may review the criminal record of an individual who applies for a merchant mariner's document under this
section.
"(e) The Secretary shall require the testing of an individual
applying for issuance or renewal of a merchant mariner's document
under this chapter for the use of a dangerous drug in violation of
law or Federal regulation.".
SEC. 4102. TERM OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS; CRIMINAL RECORD REVIEWS IN RENEWALS.

(a) LICENSES.—Section 7106 of title 46, United States Code, is
amended by inserting "and may be renewed for additional 5-year
periods" after "is valid for 5 years".
(b) CERTIFICATES OF REGISTRY.—Section 7107 of title 46, United
States Code, is amended by striking "is not limited in duration." and
inserting "is valid for 5 years and may be renewed for additional 5year periods.".
(c) MERCHANT MARINERS' DOCUMENTS.—Section 7302 of title 46,
United States Code, is amended by adding at the end the following:
"(f) A merchant mariner's document issued under this chapter is
valid for 5 years and may be renewed for additional 5-year periods.".

104 STAT. 510
46 u s e 7106

"°*®-

PUBLIC LAW 101-380—AUG. 18, 1990
(d) TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCU-

MENTS.—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
(2) it was renewed at the end of each 5-year period under
section 7106, 7107, or 7302 of title 46, United States Code.
(e) CRIMINAL RECORD REVIEW IN RENEWALS OF LICENSES AND
CERTIFICATES OF REGISTRY.—

(1) IN GENERAL.—Section 7109 of title 46, United States Code,
is amended to read as follows:
"§ 7109. Review of criminal records
"The Secretary may review the criminal record of each holder of a
license or certificate of registry issued under this part who applies
for renewal of that license or certificate of registry. .
(2) CLERICAL AMENDMENT.—The analysis for chapter 71 of title
46, United States Code, is amended by striking the item relating
to section 7109 and inserting the following:
"7109. Review of criminal records.".
SEC. 4103. SUSPENSION AND REVOCATION OF LICENSES, CERTIFICATES
OF REGISTRY, AND MERCHANT MARINERS'DOCUMENTS FOR
ALCOHOL AND DRUG ABUSE.
(a) AVAILABIUTY OF INFORMATION IN NATIONAL DRIVER REGISTER.—

(1) IN GENERAL.—Section 7702 of title 46, United States Code,
is amended by adding at the end the following:
"(c)(1) The Secretary shall request a holder of a license, certificate
of registry, or merchant mariner's document to make available to
the Secretary, under section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), all information contained in
the National Driver Register related to an offense described in
section 205(a)(3) (A) or (B) of that Act committed by the individual.
"(2) The Secretary shall require the testing of the holder of a
license, certificate of registry, or merchant mariner's document for
use of alcohol and dangerous drugs in violation of law or Federal
regulation. The testing may include preemployment (with respect to
dangerous drugs only), periodic, random, reasonable cause, and post
accident testing.
"(d)(1) The Secretary may temporarily, for not more than 45 days,
suspend and take possession of the license, certificate of registry, or
merchant mariner's document held by an individual if, when acting
under the authority of that license, certificate, or document—
"(A) that individual performs a safety sensitive function on a
vessel, as determined by the Secretary; and
"(B) there is probable cause to believe that the individual—
"(i) has performed the safety sensitive function in violation of law or Federal regulation regarding use of alcohol or
a dangerous drug;
"(ii) has been convicted of an offense that would prevent
the issuance or renewal of the license, certificate, or document; or
"(iii) within the 3-year period preceding the initiation of a
suspension proceeding, has been convicted of an offense

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 511

described in section 205(a)(3) (A) or (B) of the National
Driver Register Act of 1982.
"(2) If a license, certificate, or document is temporarily suspended
under this section, an expedited hearing under subsection (a) of this
section shall be held within 30 days after the temporary suspension.".
(2) DEFINITION OF DANGEROUS DRUG.—(A) Section 2101 of title
46, United States Code, is amended by inserting after paragraph
(8) the following new paragraph:
"(8a) 'dangerous drug' means a narcotic drug, a controlled
substance, or a controlled substance analog (as defined in section 102 of the Comprehensive Drug Abuse and Control Act of
1970 (21 U.S.C. 802)).".
(B) Sections 7503(a) and 7704(a) of title 46, United States Code,
are repealed.
(b) BASES FOR SUSPENSION OR REVOCATION.—Section 7703 of title
46, United States Code, is amended to read as follows:
"§ 7703. Bases for suspension or revocation
"A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if the
holder—
"(1) when acting under the authority of that license, certificate, or document—
"(A) has violated or fails to comply with this subtitle, a
regulation prescribed under this subtitle, or any other law
or regulation intended to promote marine safety or to
protect navigable waters; or
"(B) has committed an act of incompetence, misconduct,
or negligence;
"(2) is convicted of an offense that would prevent the issuance
or renewal of a license, certificate of registry, or merchant
mariner's document; or
"(3) within the 3-year period preceding the initiation of the
suspension or revocation proceeding is convicted of an offense
described in section 205(a)(3) (A) or (B) of the National Driver
Register Act of 1982 (23 U.S.C. 401 note).".
(c) TERMINATION OF REVOCATION.—Section 7701(c) of title 46,
United States Code, is amended to read as follows:
"(c) When a license, certificate of registry, or merchant mariner's
document has been revoked under this chapter, the former holder
may be issued a new license, certificate of registry, or merchant
mariner's document only after—
"(1) the Secretary decides, under regulations prescribed by Regulations.
the Secretary, that the issuance is compatible with the requirement of good discipline and safety at sea; and
"(2) the former holder provides satisfactory proof that the
bases for revocation are no longer valid.".
SEC. 4104. REMOVAL OF MASTER OR INDIVIDUAL IN CHARGE.

Section 8101 of title 46, United States Code, is amended by adding
at the end the following:
"(i) When the 2 next most senior licensed officers on a vessel
reasonably believe that the master or individual in charge of the
vessel is under the influence of alcohol or a dangerous drug and is
incapable of commanding the vessel, the next most senior master,

39-194 O - 91 - 18 : QL 3 Part 1

104 STAT. 512

PUBLIC LAW 101-380—AUG. 18, 1990

mate, or operator licensed under section 7101(c) (1) or (3) of this title
shall—
"(1) temporarily relieve the master or individual in charge;
"(2) temporarily take command of the vessel;
"(3) in the case of a vessel required to have a log under
chapter 113 of this title, immediately enter the details of the
incident in the log; and
"(4) report those details to the Secretary—
"(A) by the most expeditious means available; and
"(B) in written form transmitted within 12 hours after
the vessel arrives at its next port.".
SEC. 4105. ACCESS TO NATIONAL DRIVER REGISTER.
(a) ACCESS TO REGISTER.—Section 206(b) of the National Driver

Register Act of 1982 (23 U.S.C. 401 note) is amended—
(1) by redesignating the second paragraph (5) (as added to the
end of that section by section 4(bXl) of the Rail Safety Improvement Act of 1988) as paragraph (6); and
(2) by adding at the end the following:
"(7XA) Any individual who holds or who has applied for a license
or certificate of registry under section 7101 of title 46, United States
Code, or a merchant mariner's document under section 7302 of title
46, United States Code, may request the chief driver licensing
official of a State to transmit to the Secretary of the department in
which the Coast Guard is operating in accordance with subsection
(a) information regarding the motor vehicle driving record of the
individual.
"(B) The Secretary—
"(i) may receive information transmitted by the chief driver
licensing official of a State pursuant to a request under subparagraph (A);
"(ii) shall make the information available to the individual for
review and written comment before denjdng, suspending, or
revoking the license, certificate of registry, or merchant mariner's document of the individual based on that information and
before using that information in any action taken under chapter 77 of title 46, United States Code; and
"(iii) may not otherwise divulge or use that information,
except for the purposes of section 7101, 7302, or 7703 of title 46,
United States Code.
"(C) Information regarding the motor vehicle driving record of an
individual may not be trsinsmitted to the Secretary under this
paragraph if the information was entered in the Register more than
3 years before the date of the request for the information, unless the
information relates to revocations or suspensions that are still in
effect on the date of the request. Information submitted to the
Register by States under the Act of July 14, 1960 (74 Stat. 526), or
under this title shall be subject to access for the purpose of this
paragraph during the transition to the Register described under
section 203(c) of this title.".
(b) CONFORMING AMENDMENTS.—
(1) REVIEW OF INFORMATION RECEIVED FROM REGISTER.—Chap-

ter 75 of title 46, United States Code, is amended by adding at
the end the following:

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 513

"§ 7505. Review of information in National Driver Register
"The Secretary shall make information received from the National Driver Register under section 206(b)(7) of the National Driver
Register Act of 1982 (23 U.S.C. 401 note) available to an individual
for review and written comment before denying, suspending, revoking, or taking any other action relating to a license, certificate of
registry, or merchant mariner's document authorized to be issued
for that individual under this part, based on that information.".
(2) PENALTY FOR NEGUGENT OPERATION OF VESSEL.—Section

2302(c) of title 46, United States Code, is amended by striking
"intoxicated" and inserting "under the influence of alcohol, or a
dangerous drug in violation of a law of the United States",
(c) CLERICAL AMENDMENT.—The analysis for chapter 75 of title 46,
United States Code, is amended by adding at the end the following:
"7505. Review of information in National Driver Register.".
SEC. 4106. MANNING STANDARDS FOR FOREIGN TANK VESSELS.
(a) STANDARDS FOR FOREIGN TANK VESSELS.—Section 9101(a) of

title 46, United States Code, is amended to read £is follows:
"(a)(1) The Secretary shall evaluate the manning, training, qualification, and watchkeeping standards of a foreign country that
issues documentation for any vessel to which chapter 37 of this title
applies—
"(A) on a periodic basis; and
"(B) when the vessel is involved in a marine casualty required
to be reported under section 6101(a) (4) or (5) of this title.
"(2) After each evaluation made under paragraph (1) of this
subsection, the Secretary shall determine whether—
"(A) the foreign country has standards for licensing and
certification of seamen that are at least equivalent to United
States law or international standards accepted by the United
States; and
"(B) those standards are being enforced.
"(3) If the Secretary determines under this subsection that a
country has failed to maintain or enforce standards at least equivalent to United States law or international standards accepted by the
United States, the Secretary shall prohibit vessels issued documentation by that country from entering the United States until the
Secretary determines those standards have been established and are
being enforced.
"(4) The Secretary may allow provisional entry of a vessel prohibited from entering the United States under paragraph (3) of this
subsection if—
"(A) the owner or operator of the vessel establishes, to the
satisfaction of the Secretary, that the vessel is not unsafe or a
threat to the marine environment; or
"(B) the entry is necessary for the safety of the vessel or
individuals on the vessel.".
(b) REPORTING MARINE CASUALTIES.—
(1) REPORTING REQUIREMENT.—Section 6101(a) of title 46,

United States Code, is amended by adding at the end the
following:
"(5) significant harm to the environment.".
(2) APPUCATION TO FOREIGN VESSELS.—Section 6101(d) of title
46, United States Code, is amended—
(A) by inserting "(1)" before "This part"; and

104 STAT. 514

PUBLIC LAW 101-380—AUG. 18, 1990

(B) by adding at the end the following:
"(2) This part applies, to the extent consistent with generally
recognized principles of international law, to a foreign vessel constructed or adapted to carry, or that carries, oil in bulk as cargo or
cargo residue involved in a marine casualty described under subsection (a) (4) or (5) in waters subject to the jurisdiction of the United
States, including the Exclusive Economic Zone.".
(c) TECHNICAL AND CONFORMING AMENDMENTS.—Section 9(a)

of

the Ports and Waterways Safety Act (33 U.S.C. 1228(a)) is
amended—
(1) in the matter preceding paragraph (1), by striking "section
4417a of the Revised Statutes, as amended," and inserting
"chapter 37 of title 46, United States Code,";
(2) in paragraph (2), by striking "section 4417a of the Revised
Statutes, as amended," and inserting "chapter 37 of title 46,
United States Code,"; and
(3) in paragraph (5), by striking "section 4417a(ll) of the
Revised Statutes, as amended," and inserting "section 9101 of
title 46, United States Code,".
SEC. 4107. VESSEL TRAFFIC SERVICE SYSTEMS.

(a) I N GENERAL.—Section 4(a) of the Ports and Waterways Safety
Act (33 U.S.C. 1223(a)) is amended—
(1) by striking "Secretary may—" and inserting "Secreary—";
(2) in paragraph (1) by striking "establish, operate, and maintain" and inserting "may construct, operate, maintain, improve,
or expand";
(3) in paragraph (2) by striking "require" and inserting "shall
require appropriate";
(4) in paragraph (3) by inserting "may" before "require";
(5) in paragraph (4) by inserting "may" before "control"; and
(6) in paragraph (5) by inserting "may" before "require".
(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.
SEC. 4108. GREAT LAKES PILOTAGE.
(a) INDIVIDUALS W H O MAY SERVE AS PILOT ON UNDESIGNATED

GREAT LAKE WATERS.—Section 9302(b) of title 46, United States
Code, is amended to read as follows:

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 515

"(b) A member of the complement of a vessel of the United States
operating on register or of a vessel of Canada may serve as the pilot
required on waters not designated by the President if the member is
licensed under section 7101 of this title, or under equivalent provisions of Canadian law, to direct the navigation of the vessel on the
waters being navigated.".
OJ) PENALTIES.—Section 9308 of title 46, United States Code, is
amended in each of subsections (a), Q3), and (c) by striking "$500"
and inserting "no more than $10,000".
SEC. 4109. PERIODIC GAUGING OF PLATING THICKNESS OF COMMERCIAL
VESSELS.

46 u s e 3703
note.

Not later than 1 year after the date of the enactment of this Act, Regulations,
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.
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.
Ot)) 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
(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.
SEC. 4111. STUDY ON TANKER NAVIGATION SAFETY STANDARDS.

(a) I N 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.
O3) 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;

Regulations.
46 u s e 3703
note.

46 u s e 3703
note.

104 STAT. 516

PUBLIC LAW 101-380—AUG. 18, 1990

(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 standar(te
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 pilote 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
eissociated with tanker navigation, vessel traffic control,
accidents, oil spills, and the containment and cleanup 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.
SEC. 4112. DREDGE MODIFICATION STUDY.

(a) STUDY.—The Secretary of the Army shall conduct a study and
demonstration to determine the feasibility of modif3dng 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.
President of U.S.

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.

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 517

(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.
Ot)) WATCHES.—Section 8104 of title 46, United States Code, is
amended by adding at the end the following new subsection:
"(n) On a tanker, a licensed individual or seaman may not be
permitted to work more than 15 hours in any 24-hour period, or
more than 36 hours in any 72-hour period, except in an emergency
or a drill. In this subsection, 'work' includes any administrative
duties associated with the vessel whether performed on board the
vessel or onshore.".
(c) MANNING REQUIREMENT.—Section 8101(a) of title 46, United
States Code, is amended—
(1) by striking "and" at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting "; and"; and
(3) by adding at the end the following new paragraph:
"(3) a tank vessel shall consider the navigation, cargo handling, and maintenance functions of that vessel for protection of
life, property, and the environment.".
(d) STANDARDS.—Section 9102(a) of title 46, United States Code, is
amended^
(1) by striking "and" at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting "; and"; and
(3) by adding at the end the following new paragraph:
"(8) instruction in vessel maintenance functions.".
(e) RECORDS.—Section 7502 of title 46, United States Code, is
amended by striking "maintain records" and inserting "maintain
computerized records".
SEC. 4115. ESTABLISHMENT OF DOUBLE HULL REQUIREMENT FOR TANK
VESSELS.

(a) DOUBLE HULL REQUIREMENT.—Chapter 37 of title 46, United
States Code, is amended by inserting after section 3703 the following
new section:
"§ 3703a. Tank vessel construction standards
"(a) Except as otherwise provided in this section, a vessel to which
this chapter applies shall be equipped with a dou^e hull—
"(1) if it is constructed or adapted to carry, or carries, oil in
bulk as cargo or cargo residue; and

46 USC 3703

104 STAT. 518

PUBLIC LAW 101-380—AUG. 18, 1990
"(2) when operating on the waters subject to the jurisdiction
of the United States, including the Exclusive Economic Zone.
"(b) This section does not apply to—
"(1) a vessel used only to respond to a discharge of oil or a
hazardous substance;
"(2) a vessel of less than 5,000 gross tons equipped with a
double containment system determined by the Secretary to be
as effective as a double hull for the prevention of a discharge of
oil; or
"(3) before January 1, 2015—
"(A) a vessel unloading oil in bulk at a deepwater port
licensed under the Deepwater Port Act of 1974 (33 U.S.C.
1501 et seq.); or
"(B) a delivering vessel that is offloading in lightering
activities—
"(i) within a lightering zone established under section
3715a))(5) of this title; and
"(ii) more than 60 miles from the baseline from
which the territorial sea of the United States is measured.
"(c)(1) In this subsection, the age of a vessel is determined from
the later of the date on which the vessel—
"(A) is delivered after original construction;
"(B) is delivered after completion of a major conversion; or
"(C) had its appraised salvage value determined by the Coast
Guard and is qualified for documentation under section 4136 of
the Revised Statutes of the United States (46 App. U.S.C. 14).
"(2) A vessel of less than 5,000 gross tons for which a building
contract or contract for major conversion was placed before June 30,
1990, and that is delivered under that contract before January 1,
1994, and a vessel of less than 5,000 gross tons that had its appraised
salvage value determined by the Coast Guard before June 30, 1990,
and that qualifies for documentation under section 4136 of the
Revised Statutes of the United States (46 App. U.S.C. 14) before
January 1, 1994, may not operate in the navigable waters or the
Exclusive Economic Zone of the United States after January 1, 2015,
unless the vessel is equipped with a double hull or with a double
containment system determined by the Secretary to be as effective
as a double hull for the prevention of a discharge of oil.
"(3) A vessel for which a building contract or contract for major
conversion was placed before June 30, 1990, and that is delivered
under that contract before January 1,1994, and a vessel that had its
appraised salvage value determined by the Coast Guard before June
30, 1990, and that qualifies for documentation under section 4136 of
the Revised Statutes of the United States (46 App. U.S.C. 14) before
Jgmuary 1, 1994, may not operate in the navigable waters or Exclusive Economic Zone of the United States unless equipped with a
double hull—
"(A) in the case of a vessel of at least 5,000 gross tons but less
than 15,000 gross tons—
"(i) after January 1, 1995, if the vessel is 40 years old or
older and has a single hull, or is 45 years old or older and
has a double bottom or double sides;
"(ii) after January 1, 1996, if the vessel is 39 years old or
older and has a single hull, or is 44 years old or older and
has a double bottom or double sides;

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 519

"(iii) after January 1, 1997, if the vessel is 38 years old or
older and has a single hull, or is 43 years old or older and
h£is a double bottom or double sides;
"(iv) after January 1, 1998, if the vessel is 37 years old or
older and has a single hull, or is 42 years old or older and
has a double bottom or double sides;
"(v) after January 1, 1999, if the vessel is 36 years old or
older and has a single hull, or is 41 years old or older and
has a double bottom or double sides;
"(vi) after January 1, 2000, if the vessel is 35 years old or
older and has a single hull, or is 40 years old or older and
has a double bottom or double sides; and
"(vii) after January 1, 2005, if the vessel is 25 years old or
older and has a single hull, or is 30 years old or older and
has a double bottom or double sides;
"(B) in the case of a vessel of at least 15,000 gross tons but less
than 30,000 gross tons—
"(i) after January 1, 1995, if the vessel is 40 years old or
older and has a single hull, or is 45 years old or older and
has a double bottom or double sides;
"(ii) after January 1, 1996, if the vessel is 38 years old or
older and has a single hull, or is 43 years old or older and
has a double bottom or double sides;
"(iii) after January 1, 1997, if the vessel is 36 years old or
older and has a single hull, or is 41 years old or older and
has a double bottom or double sides;
"(iv) after January 1, 1998, if the vessel is 34 years old or
older and has a single hull, or is 39 years old or older and
has a double bottom or double sides;
"(v) after January 1, 1999, if the vessel is 32 years old or
older and has a single hull, or 37 years old or older and has
a double bottom or double sides;
' (vi) after January 1, 2000, if the vessel is 30 years old or
older and has a single hull, or is 35 years old or older and
has a double bottom or double sides;
"(vii) after January 1, 2001, if the vessel is 29 years old or
older and has a single hull, or is 34 years old or older and
has a double bottom or double sides;
"(viii) after January 1, 2002, if the vessel is 28 years old or
older and has a single hull, or is 33 years old or older and
has a double bottom or double sides;
"(ix) after January 1, 2003, if the vessel is 27 years old or
older and has a single hull, or is 32 years old or older and
has a double bottom or double sides;
"(x) after January 1, 2004, if the vessel is 26 years old or
older and has a single hull, or is 31 years old or older and
has a double bottom or double sides; and
"(xi) after January 1, 2005, if the vessel is 25 years old or
older and has a single hull, or is 30 years old or older and
has a double bottom or double sides; and
"(C) in the case of a vessel of at least 30,000 gross tons—
"(i) after January 1, 1995, if the vessel is 28 years old or
older and has a single hull, or 33 years old or older and has
a double bottom or double sides;
"(ii) after January 1, 1996, if the vessel is 27 years old or
older and has a single hull, or is 32 years old or older and
has a double bottom or double sides;

104 STAT. 520

46 u s e 3703a
note.

46 u s e 3703a
note.
Reports.

PUBLIC LAW 101-380—AUG. 18, 1990

"(iii) after January 1, 1997, if the vessel is 26 years old or
older and has a single hull, or is 31 years old or older and
has a double bottom or double sides;
"(iv) after January 1, 1998, if the vessel is 25 years old or
older and has a single hull, or is 30 years old or older and
has a double bottom or double sides;
"(v) after January 1, 1999, if the vessel is 24 years old or
older and has a single hull, or 29 years old or older and has
a double bottom or double sides; and
"(vi) after January 1, 2000, if the vessel is 23 years old or
older and has a single hull, or is 28 years old or older and
has a double bottom or double sides.
"(4) Except as provided in subsection Qo) of this section—
"(A) a vessel that has a single hull may not operate after
January 1, 2010; and
"(B) a vessel that has a double bottom or double sides may not
operate after January 1, 2015.".
(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 structural
and operational requirements that the Secretary determines will
provide as substantial protection to the environment as is economically and technologically feasible.
(c) CLERICAL AMENDMENT.—The analysis for chapter 37 of title 46,
United States Code, is amended by inserting after the item relating
to section 3703 the following:
"3703a. Tank vessel construction standards.".
(d) LIGHTERING REQUIREMENTS.—Section 3715(a) of title 46, United
States Code, is amended—
(1) in paragraph (1), by striking "; and" and inserting a
semicolon;
(2) in paragraph (2), by striking the period and inserting
"; and"; and
(3) by adding at the end the following:
"(3) the delivering and the receiving vessel had on board at
the time of transfer, a certificate of financial responsibility as
would have been required under section 1016 of the Oil Pollution Act of 1990, had the transfer taken place in a place subject
to the jurisdiction of the United States;
"(4) the delivering and the receiving vessel had on board at
the time of transfer, evidence that each vessel is operating in
compliance with section 3110') of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)); and
"(5) the delivering and the receiving vessel are operating in
compliance with section 3703a of this title.".
(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.

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 521

(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 increeising 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 Reports.
Congress with recommendations for legislative or other
action.
(f) VESSEL FINANCING.—Section 1104 of the Merchant Marine Act

of 1936 (46 App. U.S.C. 1274) is amended—
(1) by striking "SEC. 1104." and inserting "SEC. 1104A."; and
(2) by inserting after section 1104A (as redesignated by paragraph (1)) the following:
"SEC. 1104B. (a) Notwithstanding the provisions of this title, 46 u s e app.
except as provided in subsection (d) of this section, the Secretary, 1274a.
upon the terms the Secretary may prescribe, may guarantee or
make a commitment to guarantee, payment of the principal of and
interest on an obligation which aids in financing and refinancing,
including reimbursement to an obligor for expenditures previously
made, of a contract for construction or reconstruction of a vessel or
vessels owned by citizens of the United States which are designed
and to be employed for commercial use in the coastwise or
intercoastal trade or in foreign trade as defined in section 905 of this
Act if—
"(1) the construction or reconstruction by an applicant is
made necessary to replace vessels the continued operation of
which is denied by virtue of the imposition of a statutorily
mandated change in standards for the operation of vessels, and
where, as a matter of law, the applicant would otherwise be
denied the right to continue operating vessels in the trades in
which the applicant operated prior to the taking effect of the
statutory or regulatory change;
"(2) the applicant is presently engaged in transporting cargoes in vessels of the type and class that will be constructed or
reconstructed under this section, and agrees to employ vessels
constructed or reconstructed under this section as replacements
only for vessels made obsolete by changes in operating standards imposed by statute;
"(3) the capacity of the vessels to be constructed or reconstructed under this title will not increase the cargo carrying
capacity of the vessels being replaced;
"(4) the Secretary has not made a determination that the
market demand for the vessel over its useful life will diminish
so as to make the granting of the guarantee fiduciarily imprudent; and
"(5) the Secretary has considered the provisions of section
1104A(d)(l)(A) (iii), (iv), and (v) of this title.
"Ot>) For the purposes of this section—
"(1) the maximum term for obligations guaranteed under this
program may not exceed 25 years;

104 STAT. 522

PUBLIC LAW 101-380—AUG. 18, 1990

"(2) obligations guaranteed may not exceed 75 percent of the
actual cost or depreciated actual cost to the applicant for the
construction or reconstruction of the vessel; and
"(3) reconstruction cost obligations may not be guaranteed
Unless the vessel after reconstruction will have a useful life of
at legist 15 years.
"(c)(1) The Secretary shall by rule require that the applicant
provide adequate security against default. The Secretary may, in
addition to any fees assessed under section 1104A(e), establish a
Vessel Replacement Guarantee Fund into which shall be paid by
obligors under this section—
"(A) annual fees which may be an additional amount on the
loan guarantee fee in section 1104A(e) not to exceed an additional 1 percent; or
"(B) fees based on the amount of the obligation versus the
percentage of the obligor's fleet being replaced by vessels constructed or reconstructed under this section.
"(2) The Vessel Replacement Guarantee Fund shall be a
subaccount in the Federal Ship Financing Fund, and shall—
"(A) be the depository for all moneys received by the Secretary under sections 1101 through 1107 of this title with
respect to guarantee or commitments to guarantee made under
this section;
"(B) not include investigation fees payable under section
1104A(f) which shall be paid to the Federal Ship Financing
Fund; and
"(C) be the depository, whenever there shall be outstanding
any notes or obligations issued by the Secretary under section
1105(d) with respect to the Vessel Replacement Guarantee
Fund, for all moneys received by the Secretary under sections
1101 through 1107 from applicants under this section.
"(d) The program created by this section shall, in addition to the
requirements of this section, be subject to the provisions of sections
1101 through 1103; 1104A03) (1), (4), (5), (6); 1104A(e); 1104A(f);
1104A(h); and 1105 through 1107; except that the Federal Ship
Financing Fund is not liable for any guarantees or commitments to
guarantee issued under this section.".
SEC. 4116. PILOTAGE.

Regulations.
Alaska.

(a) PILOT REQUIRED.—Section 8502(g) of title 46, United States
Code, is amended to read as follows:
"(g)(1) The Secretary shall designate by regulation the areas of the
approaches to and waters of Prince William Sound, Alaska, if any,
on which a vessel subject to this section is not required to be under
the direction and control of a pilot licensed under section 7101 of
this title.
"(2) In any area of Prince William Sound, Alaska, where a vessel
subject to this section is required to be under the direction and
control of a pilot licensed under section 7101 of this title, the pilot
may not be a member of the crew of that vessel and shall be a pilot
licensed by the State of Alaska who is operating under a Federal
license, when the vessel is navigating waters between 60°49' North
latitude and the Port of Valdez, Alaska.".
(b) SECOND PERSON REQUIRED.—Section 8502 of title 46, United
States Code, is amended by adding at the end the following:
"(h) The Secretary shall designate waters on which tankers over
1,600 gross tons subject to this section shall have on the bridge a

104 STAT. 523

PUBLIC LAW 101-380—AUG. 18, 1990

master or mate licensed to direct and control the vessel under
section 7101(cXl) of this title who is separate and distinct from the
pilot required under subsection (a) of this section.".
(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.
SEC. 4117. MARITIME POLLUTION PREVENTION TRAINING PROGRAM
STUDY.

Regulations.
Alaska.
Washington.
46 u s e 3703
note.

46 u s e 3703
note.
46 u s e app.
1295 note.

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.
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
(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 e 1203
note.

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

(a) I N GENERAL.—Subsection (c) of section 311 of the Federal
Water Pollution Control Act (33 U.S.C. 1321(c)) is amended to read
as follows:
"(c) FEDERAL REMOVAL AUTHORITY.—
"(1) GENERAL REMOVAL REQUIREMENT.—(A) The

>

President

shall, in accordance with the National Contingency Plan and
any appropriate Area Contingency Plan, ensure effective and
immediate removal of a discharge, and mitigation or prevention
of a substantial threat of a discharge, of oil or a hazardous
substance—
"(i) into or on the navigable waters;
"(ii) on the adjoining shorelines to the navigable waters;

President of U.S.
Hazardous
materials.

104 STAT. 524

PUBLIC LAW 101-380—AUG. 18, 1990
"(iii) into or on the waters of the exclusive economic zone;
or

^

"(iv) that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States.
"(B) In carrying out this paragraph, the President may—
"(i) remove or arrange for the removal of a discharge, and
mitigate or prevent a substantial threat of a discharge, at
any time;
"(ii) direct or monitor all Federal, State, and private
actions to remove a discharge; and
"(iii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are
available.
"(2) DISCHARGE POSING SUBSTANTIAL THREAT TO PUBUC HEALTH

OR WELFARE.—(A) If a discharge, or a substantial threat of a
discharge, of oil or a hazardous substance from a vessel, offshore
facility, or onshore facility is of such a size or character as to be
a substantial threat to the public health or welfare of the
United States (including but not limited to fish, shellfish, wildlife, other natural resources, and the public and private beaches
and shorelines of the United States), the President shall direct
all Federal, State, and private actions to remove the discharge
or to mitigate or prevent the threat of the discharge.
"(B) In carrying out this paragraph, the President may, without regard to any other provision of law governing contracting
procedures or employment of personnel by the Federal Government—
"(i) remove or arrange for the removal of the discharge,
or mitigate or prevent the substantial threat of the discharge; and
"(ii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are
available.
"(3)

V

ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY

PLAN.—(A) Each Federal agency. State, owner or operator, or
other person participating in efforts under this subsection shall
act in accordance with the National Contingency Plan or as
directed by the President.
"(B) An owner or operator participating in efforts under this
subsection shall act in accordance with the National Contingency Plan and the applicable response plan required under
subsection (j)» or as directed by the President.
"(4) EXEMPTION FROM LIABILITY.—(A) A person is not liable for
removal costs or damages which result from actions taken or
omitted to be taken in the course of rendering care, assistance,
or advice consistent with the National Contingency Plan or £is
otherwise directed by the President.
"(B) Subparagraph (A) does not apply—
"(i) to a responsible party;
"(ii) to a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.);
"(iii) with respect to personal injury or wrongful death; or
"(iv) if the person is grossly negligent or engages in
willful misconduct.

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 525

"(C) A responsible party is liable for any removal costs and
damages that another person is relieved of under subparagraph
(A).
"(5) OBUGATION AND UABIUTY OF OWNER OR OPERATOR NOT

AFFECTED.—Nothing in this subsection affects—
"(A) the obligation of an owner or operator to respond
immediately to a discharge, or the threat of a discharge, of
oil; or
"(B) the liability of a responsible party under the Oil
Pollution Act of 1990.
"(6) RESPONSIBLE PARTY DEFINED.—For purposes of this subsection, the term 'responsible party' has the meaning given that
term under section 1001 of the Oil Pollution Act of 1990.".
(b) NATIONAL CONTINGENCY PLAN.—Subsection (d) of section 311 of
the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) is
amended to read as follows:
"(d) NATIONAL CONTINGENCY PLAN.—
"(1) PREPARATION BY PRESIDENT.—The President shall prepare

and publish a National Contingency Plan for removal of oil and
hazardous substances pursuant to this section.
"(2) CONTENTS.—The National Contingency Plan shall provide
for efficient, coordinated, and effective action to minimize
damage from oil and hazardous substance discharges, including
containment, dispersal, and removal of oil and hazardous substances, and shall include, but not be limited to, the following:
"(A) Assignment of duties and responsibilities among
Federal departments and agencies in coordination with
State and local agencies and port authorities including, but
not limited to, water pollution control and conservation and
trusteeship of natural resources (including conservation of
fish and wildlife).
"(B) Identification, procurement, maintenance, and storage of equipment and supplies.
"(C) Establishment or designation of Coast Guard strike
teams, consisting of—
"(i) personnel who shall be trained, prepared, and
available to provide necessary services to carry out the
National Contingency Plan;
"(ii) adequate oil and hazardous substance pollution
control equipment and material; and
"(iii) a detailed oil and hazardous substance pollution
and prevention plan, including measures to protect
fisheries and wildlife.
"(D) A system of surveillance and notice designed to
safeguard eigainst as well as ensure earliest possible notice
of discharges of oil and hazardous substances and imminent
threats of such discharges to the appropriate State and
Federal agencies.
"(E) Establishment of a national center to provide coordination and direction for operations in carrying out the
Plan.
"(F) Procedures and techniques to be employed in identifying, containing, dispersing, and removing oil and hazardous substances.
"(G) A schedule, prepared in cooperation with the States,
identifying—

104 STAT. 526

Fish and fishing.
Wildlife.

PUBLIC LAW 101-380—AUG. 18, 1990
"(i) dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used
in carrying out the Plan,
"(ii) the waters in which such dispersants, other
chemicals, and other spill mitigating devices and substances may be used, and
"(iii) the quantities of such dispersant, other chemicals, or other spill mitigating device or substance which
can be used safely in such waters,
which schedule shall provide in the case of any dispersant,
chemical, spill mitigating device or substance, or waters not
specifically identified in such schedule that the President,
or his delegate, may, on a case-by-case basis, identify the
dispersants, other chemicals, and other spill mitigating
devices and substances which may be used, the waters in
which they may be used, and the quantities which can be
used safely in such waters.
"(H) A system whereby the State or States affected by a
discharge of oil or hazardous substance may act where
necessary to remove such discharge and such State or
States may be reimbursed in accordance with the Oil Pollution Act of 1990, in the case of any discharge of oil from a
vessel or facility, for the reasonable costs incurred for that
removal, from the Oil Spill Liability Trust Fund.
"(I) Establishment of criteria and procedures to ensure
immediate and effective Federsil identification of, and response to, a discharge, or the threat of a discharge, that
results in a substantial threat to the public health or
welfare of the United States, £is required under subsection
(0(2).
"(J) Establishment of procedures and standards for
removing a worst csise discharge of oil, and for mitigating or
preventing a substantial threat of such a discharge.
"(K) Designation of the Federal official who shall be the
Federal On-Scene Coordinator for each area for which an
Area Contingency Plan is required to be prepared under
subsection (j).
"(L) Establishment of procedures for the coordination of
activities of—
"(i) Coast Guard strike teams established under
subparagraph (C);
"(ii) Federal On-Scene Coordinators designated under
subparagraph (K);
"(iii) District Response Groups established under
subsection (j); and
"(iv) Area Committees established under subsection
(j).
"(M) A fish and wildlife response plan, developed in
consultation with the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration,
and other interested parties (including State fish and wildlife conservation officials), for the immediate and effective
protection, rescue, and rehabilitation of, and the minimization of risk of damage to, fish and wildlife resources and
their habitat that are harmed or that may be jeopardized by
a discharge.

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 527

"(3) REVISIONS AND AMENDMENTS.—The President may, from
time to time, as the President deems advisable, revise or otherwise amend the National Contingency Plan.
"(4) ACTIONS IN ACCORDANCE WITH NATIONAL CONTINGENCY

PLAN.—After publication of the National Contingency Plan, the
removal of oil and hazardous substances and actions to minimize damage from oil and hazardous substance discharges shall,
to the greatest extent possible, be in accordance with the National Contingency Plan.".
(b) DEFINITIONS.— Section 311(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(a)) is amended—
(1) in paragraph (8), by inserting "containment and" after
"refers to"; and
(2) in paragraph (16) by striking the period at the end and
inserting a semicolon;
(3) in paragraph (17)—
(A) by striking "Otherwise" and inserting "otherwise";
and
(B) by striking the period at the end and inserting a
semicolon; and
(4) by adding at the end the following:
"(18) 'Area C!ommittee' means an Area Committee established
under subsection (j);
"(19) 'Area Contingency Plan' means an Area Contingency
Plan prepared under subsection (j);
"(20) 'Coast Guard District Response Group' means a Coast
Guard District Response Group established under subsection (j);
"(21) 'Federal On-Scene Coordinator' means a Federal OnScene Coordinator designated in the National Contingency
Plan;
"(22) 'National Contingency Plan' means the National Contingency Plan prepared and published under subsection (d);
"(23) 'National Response Unit' means the National Response
Unit established under subsection 0); and
"(24) '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 an offshore facility or onshore facility,
the largest foreseeable discharge in adverse weather conditions.".
(c) REVISION OF NATIONAL CONTINGENCY PLAN.—Not later than 33 use I32i
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(cX2) 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.
SEC. 4202. NATIONAL PLANNING AND RESPONSE SYSTEM.

(a) IN GENERAL.—Subsection (j) of section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)) is amended—
(1) by striking "(j)" and inserting the following:
"(j) NATIONAL RESPONSE SYSTEM.—";

(2) by moving paragraph (1) so as to begin immediately below
the heading for subsection (j) (as added by paragraph (1) of this
subsection);

104 STAT. 528

PUBLIC LAW 101-380—AUG. 18, 1990
(3) by moving paragraph (1) two ems to the right, so the left
margin of that paragraph is aligned with the left margin of
paragraph (2) of that subsection (as added by paragraph (6) of
this subsection);
(4) in paragraph (1) by striking "(1)" and inserting the following:
(1) I N GENERAL.—";

Uniformed
services.
North Carolina.
Public
information.

Records.

(5) by striking paragraph (2); and
(6) by adding at the end the following:
"(2) NATIONAL RESPONSE UNIT.—The Secretary of the department in which the Coast Guard is operating shall establish a
National Response Unit at Elizabeth City, North Carolina. The
Secretary, acting through the National Response Unit—
"(A) shall compile and maintain a comprehensive computer list of spill removal resources, personnel, and equipment that is available worldwide and within the areas
designated by the President pursuant to paragraph (4),
which shall be available to Federal and State agencies and
the public;
"(B) shall provide technical assistance, equipment, and
other resources requested by a Federal On-Scene Coordinator;
"(C) shall coordinate use of private and public personnel
and equipment to remove a worst case discharge, and to
mitigate or prevent a substantial threat of such a discharge,
from a vessel, offshore facility, or onshore facility operating
in or near an area designated by the President pursuant to
paragraph (4);
"(D) may provide technical assistance in the preparation
of Area Contingency Plans required under paragraph (4);
"(E) shall administer Coast Guard strike teams established under the National Contingency Plan;
"(F) shall maintain on file all Area (Contingency Plans
approved by the President under this subsection; and
(G) shall review each of those plans that affects its
responsibilities under this subsection.
"(3) COAST GUARD DISTRICT RESPONSE GROUPS.—(A) The Secretary of the department in which the (Doast Guard is operating
shall establish in each (Doast Guard district a CJoast Guard
District Response Group.
"(B) Each C!oast Guard District Response Group shall consist
of—
"(i) the Coast GuEird personnel and equipment, including
firefighting equipment, of each port within the district;
"(ii) additional prepositioned equipment; and
"(iii) a district response advisory staff.
"(C) (joast Guard district response groups—
"(i) shall provide technical assistance, equipment, and
other resources when required by a Federal On-Scene
Coordinator;
"(ii) shall maintain all Coast Guard response equipment
within its district;
"(iii) may provide technical assistance in the preparation
of Area (Contingency Plans required under paragraph (4);
and
"(iv) shall review each of those plans that affect its area
of geographic responsibility.

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 529

"(4) A R E A COMMITTEES A N D AREA CONTINGENCY PLANS.—(A)

Establishment.

There is established for each area designated by the President
an Area Committee comprised of members appointed by the
President from qualified personnel of Federal, State, and local
agencies.
"(B) Each Area Committee, under the direction of the Federal
On-Scene Coordinator for its area, shall—
"(i) prepare for its area the Area Contingency Plan required under subparagraph (C);
"(ii) work with State and local officials to enhance the
contingency planning of those officials and to assure
preplanning of joint response efforts, including appropriate
procedures for mechanical recovery, dispersal, shoreline
cleanup, protection of sensitive environmental areas, and
protection, rescue, and rehabilitation of fisheries and wildlife; and
"(iii) work with State and local officials to expedite decisions for the use of dispersants and other mitigating substances and devices.
"(C) Each Area Committee shall prepare and submit to the
President for approval an Area C!ontingency Plan for its area.
The Area Contingency Plan shall—
"(i) when implemented in conjunction with the National
Contingency Plan, be adequate to remove a worst case
discharge, and to mitigate or prevent a substantial threat of
such a discharge, from a vessel, offshore facility, or onshore
facility operating in or near the area;
"(ii) describe the area covered by the plan, including the
areas of special economic or environmental importance that
might be damaged by a discharge;
(iii) describe in detail the responsibilities of an owner or
operator and of Federal, State, and local agencies in removing a discharge, and in mitigating or preventing a substantial threat of a discharge;
"(iv) list the equipment (including firefighting equipment), dispersants or other mitigating substances and devices, and personnel available to an owner or operator and
Federal, State, and local agencies, to ensure an effective
and immediate removal of a discharge, and to ensure mitigation or prevention of a substantial threat of a discharge;
"(v) describe the procedures to be followed for obtaining
an expedited decision regarding the use of dispersants;
"(vi) describe in detail how the plan is integrated into
other Area Contingency Plans and vessel, offshore facility,
and onshore facility response plans approved under this
subsection, and into operating procedures of the National
Response Unit;
"(vii) include any other information the President requires; and
"(viii) be updated periodically by the Area Committee.
"(D) The President shall—
"(i) review and approve Area Contingency Plans under
this paragraph; and
"(ii) periodically review Area Contingency Plans so approved.
^1^) T A N K VESSEL A N D FACILITY RESPONSE PLANS.—(A) The

President shall issue regulations which require an owner or

Regulations.

104 STAT. 530

President of U.S.

PUBLIC LAW 101-380—AUG. 18, 1990
operator of a tank vessel or facility described in subparagraph
(B) to prepare and submit to the President a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil or
a hazardous substance.
"(B) The tank vessels and facilities referred to in subparagraph (A) are the following:
"(i) A tank vessel, as defined under section 2101 of title
46, United States Code.
"(ii) An offshore facility.
"(iii) An onshore facility that, because of its location,
could reasonably be expected to cause substantial harm to
the environment by discharging into or on the navigable
waters, adjoining shorelines, or the exclusive economic
zone.
"(C) A response plan required under this paragraph shall—
"(i) be consistent with the requirements of the National
Contingency Plan and Area Contingency Plans;
"(ii) identify the qualified individual having full authority to implement removal actions, and require immediate
communications between, that individual and the appropriate Federal official and the persons providing personnel
and equipment pursuant to clause (iii);
"(iii) identify, and ensure by contract or other means
approved by the President the availability of, private
personnel and equipment necessary to remove to the maximum extent practicable a worst case discharge (including a
discharge resulting from fire or explosion), and to mitigate
or prevent a substantial threat of such a discharge;
"(iv) describe the training, equipment testing, periodic
unannounced drills, and response actions of persons on the
vessel or at the facility, to be carried out under the plan to
ensure the safety of the vessel or facility and to mitigate or
prevent the discharge, or the substantial threat of a discharge;
"(v) be updated periodically; and
"(vi) be resubmitted for approval of each significant
change.
"(D) With respect to any response plan submitted under this
paragraph for an onshore facility that, because of its location,
could reasonably be expected to cause significant and substantial harm to the environment by discharging into or on the
navigable waters or adjoining shorelines or the exclusive economic zone, and with respect to each response plan submitted
under this paragraph for a tank vessel or offshore facility, the
President shall—
"(i) promptly review such response plan;
"(ii) require amendments to any plan that does not meet
the requirements of this paragraph;
"(iii) approve any plan that meets the requirements of
this paragraph; and
"(iv) review each plan periodically thereafter.
"(E) A tank vessel, offshore facility, or onshore facility required to prepare a response plan under this subsection may not
handle, store, or transport oil unless—
"(i) in the case of a tank vessel, offshore facility, or
onshore facility for which a response plan is reviewed by

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 531

the President under subparagraph (D), the plan has been
approved by the President; and
(ii) the vessel or facility is operating in compliance with
the plan.
"(F) Notwithstanding subparagraph (E), the President may
authorize a tank vessel, offshore facility, or onshore facility to
operate without a response plan approved under this paragraph, until not later than 2 years after the date of the submission to the President of a plan for the tank vessel or facility, if
the owner or operator certifies that the owner or operator has
ensured by contract or other means approved by the President
the availability of private personnel and equipment necessary
to respond, to the maximum extent practicable, to a worst case
discharge or a substantial threat of such a discharge.
"(G) The owner or operator of a tank vessel, offshore facility,
or onshore facility may not claim as a defense to liability under
title I of the Oil Pollution Act of 1990 that the owner or operator
was acting in accordance with an approved response plan.
"(H) The Secretary shall maintain, in the Vessel Identification System established under chapter 125 of title 46, United
States Code, the dates of approval and review of a response plan
under this paragraph for each tank vessel that is a vessel of the
United States.
"(6) EQUIPMENT REQUIREMENTS AND INSPECTION.—Not later President of U.S.
than 2 years after the date of enactment of this section, the
President shall require—
"(A) periodic inspection of containment booms, skimmers,
vessels, and other major equipment used to remove discharges; and
"(B) vessels operating on navigable waters and carrying
oil or a hazardous substance in bulk as cargo to carry
appropriate removal equipment that employs the best technology economically feasible and that is compatible with
the safe operation of the vessel.
"(7) AREA DRILLS.—The President shall periodically conduct President of U.S.
drills of removal capability, without prior notice, in areas for
which Area Contingency Plans are required under this subsection and under relevant tank vessel and facility response plans.
The drills may include participation by Federal, State, and local
agencies, the owners and operators of vessels and facilities in
the area, and private industry. The President may publish
annual reports on these drills, including assessments of the
effectiveness of the plans and a list of amendments made to
improve plans.
"(8) UNITED STATES GOVERNMENT NOT LIABLE.—The United

States Government is not liable for any damages arising from
its actions or omissions relating to any response plan required
by this section.",
(b) IMPLEMENTATION.—
(1) AREA COMMITTEES AND CONTINGENCY PLANS.—(A)

33 use I32i

Not later note.
than 6 months after the date of the enactment of this Act, the President of U.S.
President shall designate the areas for which Area Committees
are established under section 3110*)(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.

104 STAT. 532

Establishment.

Establishment.

PUBLIC LAW 101-380—AUG. 18, 1990
(B) Not later than 18 months after the date of the enactment
of this Act, each Area Committee estabUshed 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 3110')(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 l a t e r t h a n 1

year after the date of the enactment of this Act, the 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.
President of U.S.
Regulations.

(4) T A N K VESSEL AND FACIUTY RESPONSE PLANS; TRANSITION
PROVISION; EFFECTIVE DATE OF PROHIBITION.—(A) N o t l a t e r t h a n

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.
(c) STATE LAW NOT PREEMPTED.— Section 311(o)(2) of the Federal

Water Pollution Control Act (33 U.S.C. 1321(o)(2)) is amended by
inserting before the period the following: ", or with respect to any
removal activities related to such discharge".
14 u s e 92 note.

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.
SEC. 4204. DETERMINATION OF HARMFUL QUANTITIES OF OIL AND
H A Z A R D O U S SUBSTANCES.

Section 311(b)(4) of the Federal Water Pollution Control Act (33
U.S.C. 1321(b)(4)) is amended by inserting "or the environment"
after "the public health or welfare".

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 533

SEC. 4205. COASTWISE OIL SPILL RESPONSE COOPERATIVES.

Section 12106 of title 46, United States Code, is amended by
adding at the end the following:
"(d)(1) A vessel may be issued a certificate of documentation with
a coastwise endorsement if—
"(A) the vessel is owned by a not-for-profit oil spill response
cooperative or by members of such a cooperative who dedicate
the vessel to use by the cooperative;
"(B) the vessel is at least 50 percent owned by persons or
entities described in section 12102(a) of this title;
"(C) the vessel otherwise qualifies under section 12106 to be
employed in the coastwise trade; and
(D) use of the vessel is restricted to—
"(i) the deployment of equipment, supplies, and personnel
to recover, contain, or transport oil discharged into the
navigable waters of the United States, or within the Exclusive Economic Zone, or
"(ii) for training exercises to prepare to respond to such a
discharge.
"(2) For purposes of the first proviso of section 27 of the Merchant
Marine Act, 1920, section 2 of the Shipping Act of 1916, and section
12102(a) of this title, a vessel meeting the criteria of this subsection
shall be considered to be owned exclusively by citizens of the United
States.".

Subtitle C—Penalties and Miscellaneous
SEC. 4301. FEDERAL WATER POLLUTION CONTROL ACT PENALTIES.
(a) NOTICE TO STATE AND FAILURE T O REPORT.—Section 311G3)(5) of

the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(5)) is
amended—
(1) by inserting after the first sentence the following: "The
Federal agency shall immediately notify the appropriate State
agency of any State which is, or may reasonably be expected to
be, affected by the discharge of oil or a hsizardous substance.";
(2) by striking "fined not more than $10,000, or imprisoned for
not more than one year, or both" and inserting "fined in
accordance with title 18, United States Code, or imprisoned for
not more than 5 years, or both"; and
(3) in the last sentence by—
(A) striking "or information obtained by the exploitation
of such notification"; and
(B) inserting "natural" before "person".
(b) PENALTIES FOR DISCHARGES AND VIOLATIONS OF REGULATIONS.—

Section 311(b) of the Federal Water Pollution Control Act (33 U.S.C.
1321(b)) is amended by striking paragraph (6) and inserting the
following new paragraphs:
"(6) ADMINISTRATIVE PENALTIES.—

"(A) VIOLATIONS.—Any owner, operator, or person in
charge of any vessel, onshore facility, or offshore facility—
"(i) from which oil or a hazardous substance is discharged in violation of paragraph (3), or
"(ii) who fails or refuses to comply with any regulation issued under subsection (j) to which that owner,
operator, or person in charge is subject.

104 STAT. 534

PUBLIC LAW 101-380—AUG. 18, 1990
may be assessed a class I or class II civil penalty by the
Secretary of the department in which the Coast Guard is
operating or the Administrator.
"(B) CLASSES OF PENALTIES.—

"(i) CLASS I.—The amount of a class I civil penalty
under subparagraph (A) may not exceed $10,000 per
violation, except that the maximum amount of any
class I civil penalty under this subparagraph shall not
exceed $25,000. Before assessing a civil penalty under
this clause, the Administrator or Secretary, as the case
may be, shall give to the person to be assessed such
penaltv written notice of the Administrator's or Secretary s proposal to assess the penalty and the opportunity to request, within 30 days of the date the notice
is received by such person, a hearing on the proposed
penalty. Such hearing shall not be subject to section
554 or 556 of title 5, United States Code, but shall
provide a reasonable opportunity to be heard and to
present evidence.
"(ii) CLASS II.—The amount of a class II civil penalty
under subparagraph (A) may not exceed $10,000 per
day for each day during which the violation continues;
except that the maximum amount of any class II civil
penalty under this subparagraph shall not exceed
$125,000. Except as otherwise provided in this subsection, a class II civil penalty shall be assessed and
collected in the same manner, and subject to the same
provisions, as in the case of civil penalties assessed and
collected after notice and opportunity for a hearing on
the record in accordance with section 554 of title 5,
United States Code. The Administrator and Secretary
may issue rules for discovery procedures for hearings
under this paragraph.
"(C) RIGHTS OF INTERESTED PERSONS.—
"(i) PUBLIC NOTICE.—Before issuing

an order assessing a class II civil penalty under this paragraph the
Administrator or Secretary, as the case may be, shall
provide public notice of and reasonable opportunity to
comment on the proposed issuance of such order.
"(ii) PRESENTATION OF EVIDENCE.—Any person who

Federal Register,
publication.

comments on a proposed assessment of a class II civil
penalty under this paragraph shall be given notice of
any hearing held under this paragraph and of the order
assessing such penalty. In any hearing held under this
paragraph, such person shall have a reasonable opportunity to be heard and to present evidence.
"(iii) RIGHTS OF INTERESTED PERSONS TO A HEARING.—
If no hearing is held under subparagraph (B) before
issuance of an order assessing a class II civil penalty
under this paragraph, any person who commented on
the proposed assessment may petition, within 30 days
after the issuance of such order, the Administrator or
Secretary, as the case may be, to set aside such order
and to provide a hearing on the penalty. If the evidence
presented by the petitioner in support of the petition is
material and was not considered in the issuance of the
order, the Administrator or Secretary shall imme-

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 535

diately set aside such order and provide a hearing in
accordance with subparagraph (B)(ii). If the Administrator or Secretary denies a hearing under this clause,
the Administrator or Secretary shall provide to the
petitioner, and publish in the Federal Register, notice
of and the reasons for such denial.
"(D) FINALITY OF ORDER.—An order assessing a class II
civil penalty under this paragraph shall become final 30
days after its issuance unless a petition for judicial review
is filed under subparagraph (G) or a hearing is requested
under subparagraph (CXiii). If such a hearing is denied,
such order shall become final 30 days after such denial.
"(E) EFFECT OF ORDER.—Action taken by the Administrator or Secretary, as the case may be, under this paragraph shall not affect or limit the Administrator's or Secretary's authority to enforce any provision of this Act;
except that any violation—
"(i) with respect to which the Administrator or Secretary has commenced and is diligently prosecuting an
action to assess a class II civil penalty under this
paragraph, or
"(ii) for which the Administrator or Secretary has
issued a final order assessing a class II civil penalty not
subject to further judicial review and the violator has
paid a penalty assessed under this paragraph,
shall not be the subject of a civil penalty action under
section 309(d), 309(g), or 505 of this Act or under paragraph
(7).
"(F) EFFECT OF ACTION ON COMPUANCE.—No action by

the

Administrator or Secretary under this paragraph shall
affect any person's obligation to comply with any section of
this Act.
"(G) JUDICIAL REVIEW.—Any person against whom a civil
penalty is assessed under this paragraph or who commented on the proposed assessment of such penalty in
accordance with subparagraph (C) may obtain review of
such assessment—
"(i) in the case of assessment of a class I civil penalty. District of
in the United States District Court for the District of Columbia.
Columbia or in the district in which the violation is
alleged to have occurred, or
"(ii) in the case of assessment of a class II civil
penalty, in United States Court of Appeals for the
District of Columbia Circuit or for any other circuit in
which such person resides or transacts business,
by filing a notice of appeal in such court within the 30-day
period beginning on the date the civil penalty order is
issued and by simultaneously sending a copy of such notice
by certified mail to the Administrator or Secretary, as the
case may be, and the Attorney General. The Administrator
or Secretary shall promptly file in such court a certified
copy of the record on which the order was issued. Such
court shall not set aside or remand such order unless there
is not substantial evidence in the record, taken as a whole,
to support the finding of a violation or unless the Administrator s or Secretary's assessment of the penalty constitutes
an abuse of discretion and shall not impose additional civil

104 STAT. 536

PUBLIC LAW 101-380—AUG. 18, 1990
penalties for the same violation unless the Administrator's
or Secretary's assessment of the penalty constitutes an
abuse of discretion.
"(H) COLLECTION.—If any person fails to pay an assessment of a civil penalty—
"(i) after the assessment has become final, or
"(ii) after a court in an action brought under
s u b p a r ^ r a p h (G) has entered a final judgment in favor
of the Administrator or Secretary, as the case may be,
the Administrator or Secretary shall request the Attorney
General to bring a civil action in an appropriate district
court to recover the amount assessed (plus interest at currently prevailing rates from the date of the final order or
the date of the final judgment, as the case may be). In such
an action, the validity, amount, and appropriateness of such
penalty shall not be subject to review. Any person who fails
to pay on a timely basis the amount of an assessment of a
civil penalty as described in the first sentence of this
subparagraph shall be required to pay, in addition to such
amount and interest, attorneys fees and costs for collection
proceedings and a quarterly nonpayment penalty for each
quarter during which such failure to pay persists. Such
nonpayment penalty shall be in an amount equal to 20
percent of the aggregate amount of such person's penalties
and nonpajnnent penalties which are unpaid as of the
beginning of such quarter.
(I) SUBPOENAS.—The Administrator or Secretary, as the
case may be, may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant
papers, books, or documents in connection with hearings
under this paragraph. In case of contumacy or refusal to
obey a subpoena issued pursuant to this subparagraph and
served upon any person, the district court of the United
States for any district in which such person is found, resides, or transacts business, upon application by the United
States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and
give testimony before the administrative law judge or to
appear and produce documents before the administrative
law judge, or both, and any failure to obey such order of the
court may be punished by such court as a contempt thereof.

Hazardous
materials.

'(7) CIVIL PENALTY ACTION.—
"(A) DISCHARGE, GENERALLY.—Any person who

is

the

owner, operator, or person in charge of any vessel, onshore
facility, or offshore facility from which oil or a hazardous
substance is discharged in violation of paragraph (3), shall
be subject to a civil penalty in an amount up to $25,000 per
day of violation or an amount up to $1,000 per barrel of oil
or unit of reportable quantity of hazardous substances discharged.
"(B) FAILURE TO REMOVE OR COMPLY.—Any person described in subparagraph (A) who, without sufficient cause—
"(i) fails to properly carry out removal of the discharge under an order of the President pursuant to
subsection (c); or
"(ii) fails to comply with an order pursuant to subsection (eXlXB);

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 537

shall be subject to a civil penalty in an amount up to
$25,000 per day of violation or an amount up to 3 times the
costs incurred by the Oil Spill Liability Trust Fund £is a
result of such failure.
"(C) FAILURE TO COMPLY WITH REGULATION.—Any person
who fails or refuses to comply with any regulation issued
under subsection (j) shall be subject to a civil penalty in an
amount up to $25,000 per day of violation.
"(D) GROSS NEGUGENCE.—In any case in which a violation
of paragraph (3) was the result of gross negligence or willful
misconduct of a person described in subparagraph (A), the
person shall be subject to a civil penalty of not less than
$100,000, and not more than $3,000 per barrel of oil or unit
of reportable quantity of hazardous substance discharged.
"(E) JURISDICTION.—An action to impose a civil penalty C:k)urts, U.S.
under this paragraph may be brought in the district court
of the United States for the district in which the defendant
is located, resides, or is doing business, and such court shall
have jurisdiction to assess such penalty.
"(F) LIMITATION.—A person is not liable for a civil penalty under this paragraph for a discharge if the person has
been assessed a civil penalty under paragraph (6) for the
discharge.
"(8) DETERMINATION OF AMOUNT.—In determining the amount
of a civil penalty under paragraphs (6) and (7), the Administrator, Secretary, or the court, as the case may be, shall consider
the seriousness of the violation or violations, the economic
benefit to the violator, if any, resulting from the violation, the
degree of culpability involved, any other penalty for the same
incident, any history of prior violations, the nature, extent, and
degree of success of any efforts of the violator to minimize or
mitigate the effects of the discharge, the economic impact of the
penalty on the violator, and any other matters as justice may
require.
"(9) MITIGATION OF DAMAGE.—In addition to establishing a

Hazardous

penalty for the discharge of oil or a hazardous substance, the materials.
Administrator or the Secretary of the department in which the
Coast Guard is operating may act to mitigate the damage to the
public health or welfare caused by such discharge. The cost of
such mitigation shall be deemed a cost incurred under subsection (c) of this section for the removal of such substance by the
United States Government.
"(10) RECOVERY OF REMOVAL COSTS.—Any costs of removal
incurred in connection with a discharge excluded by subsection
(aX2XC) of this section shall be recoverable from the owner or
operator of the source of the discharge in an action brought
under section 309(b) of this Act.
"(11) LIMITATION.—Civil penalties shall not be assessed under
both this section and section 309 for the same discharge.".
(c) CRIMINAL PENALTIES.—Section 309(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1319(c)) is amended by inserting
after "308," each place it appears the following: "311(b)(3),".
SEC. 4302. OTHER PENALTIES.

(a) NEGLIGENT OPERATIONS.—Section 2302 of title 46, United
States Code, is amended—

104 STAT. 538

PUBLIC LAW 101-380—AUG. 18, 1990

(1) in subsection (b) by striking "shall be fined not more than
$5,000, imprisoned for not more than one vear, or both.", and
inserting ' commits a class A misdemeanor.'; and
(2) in subsection (c)—
(A) by striking ", shall be" in the matter preceding
paragraph (1);
(B) by inserting "is" before "liable" in paragraph (1); and
(C) by amending paragraph (2) to read £is follows:
"(2) commits a class A misdemeanor.".
(b) INSPECTIONS.—Section 3318 of title 46, United States Code, is
amended—
(1) in subsection 0?) by striking "shall be fined not more than
$10,000, imprisoned for not more than 5 years, or both." and
inserting "commits a class D felonv.";
(2) in subsection (c) by striking 'shall be fined not more than
$5,000, imprisoned for not more than 5 years, or both." and
inserting commits a cleiss D felony.";
(3) in subsection (d) by striking 'shall be fined not more than
$5,000, imprisoned for not more than 5 years, or both." and
inserting 'commits a class D felonv.";
(4) in subsection (e) by striking shall be fined not more than
$10,000, imprisoned for not more than 2 years, or both." and
inserting "commits a class A misdemeanor. ; and
(5) in the matter preceding paragraph (1) of subsection (f) by
striking "shall be fined not less than $1,000 but not more than
$10,000, and imprisoned for not less than 2 years but not more
than 5 years," and inserting "commits a class D felony.".
(c) CARRIAGE OF LIQUID BULK DANGEROUS CARGOES.—Section 3718

of title 46, United States Code, is amended—
(1) in subsection Oo) by striking "shall be fined not more than
$50,000, imprisoned for not more than 5 years, or both." and
inserting "commits a class D felony."; and
(2) in subsection (c) by striking 'shall be fined not more than
$100,000, imprisoned for not more than 10 years, or both." and
inserting "commits a class C felony.".
(d) LOAD LINES.—Section 5116 of title 46, United States Code, is
amended—
(1) in subsection (d) by striking "shall be fined not more than
$10,000, imprisoned for not more than one year, or both." and
inserting "commits a class A misdemeanor."; and
(2) in subsection (e) by striking "shall be fined not more than
$10,000, imprisoned for not more than 2 years, or both." and
inserting "commits a class A misdemeanor.'.
(e) COMPLEMENT OF INSPECTED VESSELS.—Section 8101 of title 46,
United States Code, is amended—
(1) in subsection (e) by striking "$50" and inserting "$1,000";
(2) in subsection (f) by striking "$100, or, for a deficiency of a
licensed individual, a penalty of $500." and inserting "$10,000.";
and
(3) in subsection (g) by striking "$500." and inserting
"$10,000.".
(f) WATCHES.—Section 8104 of title 46, United States Code, is
amended—
(1) in subsection (i) by striking "$100." and inserting
"$10,000."; and
(2) in subsection (j) by striking "$500." and inserting
"$10,000.".

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 539

(g) COASTWISE PILOTAGE.—Section 8502 of title 46, United States
Code, is amended—
(1) in subsection (e) by striking "$500." and inserting
"$10,000."; and
(2) in subsection (f) by striking "$500." and inserting
"$10,000.".
(h) FOREIGN COMMERCE PILOTAGE.—Section 8503(e) of title 46,
United States Code, is amended by striking "shall be fined not more
than $50,000, imprisoned for not more than five years, or both." and
inserting "commits a class D felony.".
(i) CREW REQUIREMENTS.—Section 8702(e) of title 46, United States
Code, is amended by striking "$500." and inserting "$10,000.".
(J) PORTS AND WATERWAYS SAFETY ACT.—Section 13(b) of the Port
and Waterways Safety Act (33 U.S.C. 1232(b)) is amended—
(1) in paragraph (1) by striking "shall be fined not more than
$50,000 for each violation or imprisoned for not more than five
years, or both." and inserting "commits a class D felony."; and
(2) in paragraph (2) by striking "shall, in lieu of the penalties
prescribed in paragraph (1), be fined not more than $1(30,000, or
imprisoned for not more than 10 years, or both." and inserting
"commits a class C felony.".
(k) VESSEL NAVIGATION.—Section 4 of the Act of April 28, 1908 (33
U.S.C. 1236) is amended—
(1) in subsection (b) by striking "$500." and inserting
"$5,000.";
(2) in subsection (c) by striking "$500," and inserting
"$5,000,"; and
(3) in subsection (d) by striking "$250." and inserting
"$2,500.".
(1) INTERVENTION ON THE HIGH SEAS ACT.—Section 12(a) of the

Intervention of the High Seas Act (33 U.S.C. 1481(a)) is amended—
(1) in the matter preceding paragraph (1) by striking "Any
person who" and inserting "A person commits a class A misdemeanor if that person"; and
(2) in paragraph (3) by striking ", shall be fined not more than
$10,000 or imprisoned not more than one year, or both".
(m) DEEPWATER PORT ACT OF 1974.—Section 15(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1514(a)) is amended by striking
"shall on conviction be fined not more than $25,000 for each day of
violation or imprisoned for not more than 1 year, or both." and
inserting "commits a class A misdemeanor for each day of violation.".
(n) ACT TO PREVENT POLLUTION FROM SHIPS.—Section 9(a) of the

Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)) is amended
by striking "shall, for each violation, be fined not more than $50,000
or be imprisoned for not more than 5 years, or both." and inserting
"commits a class D felony.".
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
(cX2) 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

President of U.S.
33 u s e 2716a.

104 STAT. 540

PUBLIC LAW 101-380—AUG. 18, 1990

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 had 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.
(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 £is the public interest and the equities of the case
may require.
26 u s e 9509
note.

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).
SEC. 4305. INSPECTION AND ENTRY.

Section 311(m) of the Federal Water Pollution Control Act (33
U.S.C. 1321(m)) is amended to read as follows:
"(m) ADMINISTRATIVE PROVISIONS.—

"(1) FOR VESSELS.—Anyone authorized by the President to
enforce the provisions of this section with respect to any vessel
may, except as to public vessels—
"(A) board and inspect any vessel upon the navigable
waters of the United States or the waters of the contiguous
zone,
"(B) with or without a warrant, arrest any person who in
the presence or view of the authorized person violates the
provisions of this section or any regulation issued thereunder, and
"(C) execute any warrant or other process issued by an
officer or court of competent jurisdiction.
Reports.
Records.

"(2) FOR FACIUTIES.—

"(A) RECORDKEEPING.—Whenever required to carry out
the purposes of this section, the Administrator or the Secretary of the Department in which the Coast Guard is
operating shall require the owner or operator of a facility to
which this section applies to establish and maintain such
records, make such reports, install, use, and maintain such
monitoring equipment and methods, and provide such other
information as the Administrator or Secretary, as the case
may be, may require to carry out the objectives of this
section.
"(B) ENTRY AND INSPECTION.—Whenever required to carry

out the purposes of this section, the Administrator or the
Secretary of the Department in which the Coast Guard is
operating or an authorized representative of the Adminis-

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 541

trator or Secretary, upon presentation of appropriate
credentials, may—
"(i) enter and inspect any facility to which this section applies, including any facility at which any records
are required to be maintained under subparagraph (A);
and
"(ii) at reasonable times, have access to and copy any
records, take samples, and inspect any monitoring
equipment or methods required under subparagraph
(A).
"(C) ARRESTS AND EXECUTION OF WARRANTS.—Anyone au-

thorized by the Administrator or the Secretary of the
department in which the Coast Guard is operating to enforce the provisions of this section with respect to any
facility may—
"(i) with or without a warrant, arrest any person who
violates the provisions of this section or any regulation
issued thereunder in the presence or view of the person
so authorized; and
"(ii) execute any warrant or process issued by an
officer or court of competent jurisdiction.
"(D) PuBUC ACCESS.—Any records, reports, or information
obtained under this paragraph shall be subject to the same
public access and disclosure requirements which are applicable to records, reports, and information obtained
pursuant to section 308.".
SEC. 4306. CIVIL ENFORCEMENT UNDER FEDERAL WATER POLLUTION
CONTROL ACT.

Section 311(e) of the Federal Water Pollution Control Act (33
U.S.C. 1321) is amended to read as follows:
"(e) CIVIL ENFORCEMENT.—
"(1) ORDERS PROTECTING PUBUC HEALTH.—In

State and local

addition to any governments.
action taken by a State or local government, when the President
determines that there may be an imminent and substantial
threat to the public health or welfare of the United States,
including fish, shellfish, and wildlife, public and private property, shorelines, beaches, habitat, and other living and
nonliving natural resources under the jurisdiction or control of
the United States, because of an actual or threatened discharge
of oil or a hazardous substance from a vessel or facility in
violation of subsection (b), the President may—
"(A) require the Attorney General to secure any relief
from any person, including the owner or operator of the
vessel or facility, as may be necessary to abate such
endangerment; or
"(B) after notice to the affected State, take any other
action under this section, including issuing administrative
orders, that may be necessary to protect the public health
and welfare.
"(2) JURISDICTION OF DISTRICT COURTS.—The district courts of
the United States shall have jurisdiction to grgint any relief
under this subsection that the public interest and the equities of
the case may require.".

104 STAT. 542

nSch and

PUBLIC LAW 101-380—AUG. 18, 1990

TITLE V—PRINCE WILLIAM SOUND

development.
33 u s e 2731.

PROVISIONS
SEC. 5001. OIL SPILL RECOVERY INSTITUTE.

(a) EsTABUSHMENT 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") to be administered by the Secretary of Commerce
through the Prince William Sound Science and Technology Institute
and 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 longrange effects of the EXXON VALDEZ oil spill 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 the EXXON VALDEZ oil spill or the effects thereof.
(c) ADVISORY BOARD.—

(1) I N GENERAL.—The policies of the Institute shall be determined by an advisory board, composed of 18 members appointed
as follows:
(A) One representative appointed by each of the Commissioners of Fish and Game, Environmental Conservation,
Natural Resources, and Commerce and Economic Development of the State of Alaska, all of whom shall be State
employees.
(B) One representative appointed by each of—
(i) the Secretaries of Commerce, the Interior, Agriculture, Transportation, and the Navy; and
(ii) the Administrator of the Environmental Protection Agency;
all of whom shall be Federal employees.
(C) 4 representatives appointed by the Secretary of Commerce from among residents of communities in Alaska that
were affected by the EXXON VALDEZ oil spill who are
knowledgeable about fisheries, other local industries, the
marine environment, wildlife, public health, safety, or education. At least 2 of the representatives shall be appointed
from among residents of communities located in Prince
William Sound. The Secretary shall appoint residents to
serve terms of 2 years each, from a list of 8 qualified
individuals to be submitted by the Governor of the State of
Alaska based on recommendations made by the governing
body of each affected community. Each affected community
may submit the names of 2 qualified individuals for the
Governor's consideration. No more than 5 of the 8 qualified

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 543

persons recommended by the Governor shall be members of
the same political party.
(D) 3 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, to serve terms of 2 years each from a list of 6
qualified individuals submitted by the Alaska Federation of
Natives.
(E) One nonvoting representative of the Institute of
Marine Science.
(F) 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) PouciES.—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.
(d) SCIENTIFIC AND TECHNICAL COMMITTEE.—
Establishment.
(1) I N 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
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 the EXXON VALDEZ oil spill or
the effects thereof.
(e) DIRECTOR.—The Institute shall be administered by a Director
appointed by the Secretary of Commerce. The Prince William Sound
Science and Technology Institute, the Advisory Board, and the
Scientific and Technical Committee may each submit independent
recommendations for the Secretary'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.

-194 O - 91 - 19 : QL 3 Part 1

104 STAT. 544

Public
information.

Oil Terminal
and Oil Tanker
Environmental
Oversight and
Monitoring Act
of 1990.
33 u s e 2732.

PUBLIC LAW 101-380—AUG. 18, 1990

(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 Institute shall terminate 10 years after the
date of the enactment of this Act.
(j) USE OF FUNDS.—All funds authorized for the Institute shall be
provided through the National Oceanic and Atmospheric Administration. 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. None of
the funds authorized by this section shall be used for any purpose
other than the functions specified in subsection O^)(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.
(1) 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".
SEC. 5002. TERMINAL AND TANKER OVERSIGHT AND MONITORING.
(a) SHORT TITLE AND FINDINGS.—
(1) SHORT TITLE.—This section may be cited as the "Oil Termi-

nal 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 SuUom 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 SuUom Voe, SuUom 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;

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 545

(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 SuUom 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 facilities 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
ASSOCIATION.—

FACILITIES

AND OIL TANKER

OPERATIONS

(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) RESPONSIBIUTIES.—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

104 STAT. 546

PUBLIC LAW 101-380—AUG. 18, 1990
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 leeist the
individuals listed in pareigraph (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).
(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 t h ^
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.
(viiXD 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.

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 547

(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.
(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, one-third
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 CONFUCTS OF INTEREST PROHIB-

ITED.—(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;

104 STAT. 548

PUBLIC LAW 101-380—AUG. 18, 1990
(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
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 carrjdng out its research, develop-

ment 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.
39-139 0-90-3(380)

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 549

(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;
(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 Reports,
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
Committiee 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 Reports.
(I) provide written reports to the Council outlining its
findings and recommendations.
(g) AGENCY COOPERATION.—On and after the expiration of the 180day period following the date of the enactment of this section, ieach

104 STAT. 550

PUBLIC LAW 101-380—AUG. 18, 1990

Federal department, agency, or other instrumentality shall, 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.
0) 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 WILUAM SOUND PROGRAM.—The owners or opera-

tors 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—
(A) shall provide for the establishment and operation on
the environmental oversight and monitoring program in
Prince William Sound;

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 551

(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 termi-

nal 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 Anchoreige
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.
(1) 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 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)—

104 STAT. 552

PUBLIC LAW 101-380—AUG. 18, 1990
(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 ceise 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

Contracts.

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 LlEU OF COUNCIL.—The requirements of subsections (c) through (1), 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, 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

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 553

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.
SEC. 5003. BLIGH REEF LIGHT.

33 USC 2733.

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.
SEC. 5004. VESSEL TRAFFIC SERVICE SYSTEM.

33 USC 2734.

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 Regulations.
(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 Reports.
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).
SEC. 5005. EQUIPMENT AND PERSONNEL REQUIREMENTS UNDER TANK
VESSEL AND FACILITY RESPONSE PLANS.

(a) I N 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
tank vessel operating on Prince William Sound, or a facility permitted under the Trans-Alaska Pipeline Authorization Act (43
U.S.C. 1651 et seq.), 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;

33 USC 2735.

104 STAT. 554

PUBLIC LAW 101-380—AUG. 18, 1990
(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 e 2736.

SEC. 5006. FUNDING.

(a) SECTION 5001.—Amounts in the Fund shall be available, subject to appropriations, and shall remain available until expended, to
carry out section 5001 £is follows:
(1) $5,000,000 shall be available for the first fiscal year beginning after the date of enactment of this Act.
(2) $2,000,000 shall be available for each of the 9 fiscal years
following the fiscal year described in paragraph (1).
(b) SECTIONS 5003 AND 5004.—Amounts in the Fund shall be
available, without further appropriations and without fiscal year
limitation, to carry out sections 5003 and 5004, in an amount not to
exceed $5,000,000.
33 u s e 2737.

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.

TITLE VI—MISCELLANEOUS
33 u s e 2751.

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.
db) 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 construc-

tion 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—

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 555

(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.
SEC. 6002. ANNUAL APPROPRIATIONS.

33 USC 2752.

(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(aX4), or 500603), 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.
SEC. 6003. OUTER BANKS PROTECTION.

Outer Banks
ProtGction Act

(a) SHORT TITLE.—This section may be cited as the "Outer Banks North Carolina.
Protection Act".
33 use 2753.
0>) FINDINGS.—The Congress finds that—
(1) the Outer Banks of North Carolina is an area of exceptional environmental fragility and beauty;
(2) the annual economic benefits of commercial and recreational fishing activities to North Carolina, which could be
adversely affected by oil or gas development offshore the State's
coast, exceeds $1,000,000,000;
(3) the major industry in coastal North Carolina is tourism,
which is subject to potentially significant disruption by offshore
oil or gas development;
(4) the physical oceanographic characteristics of the area
offshore North Carolina between Cape Hatteras and the mouth
of the Chesapeake Bay are not well understood, being affected
by Gulf Stream western boundary perturbations and accompanjdng warm filaments, warm and cold core rings which separate from the Gulf Stream, wind stress, outflow from the Chesapeake Bay, Gulf Stream meanders, and intrusions of Virginia
coastal waters around and over the Diamond shoals;
(5) diverse and abundant fisheries resources occur in the
western boundary area of the Gulf Stream offshore North Carolina, but little is understood of the complex ecological relationships between the life histories of those species and their physical, chemical, and biological environment;
(6) the environmental impact statements prepared for Outer
Continental Shelf lease sales numbered 56 (1981) and 78 (1983)
contain insufficient and outdated environmental information
from which to make decisions on approval of additional oil and
gas leasing, exploration, and development activities;
(7) the draft environmental report, dated November 1, 1989,
and the preliminary final environmental report dated June 1,
1990, prepared pursuant to a July 14, 1989 memorandum of
understanding between the State of North Carolina, the Department of the Interior, and the Mobil Oil Company, have not
allayed concerns about the adequacy of the environmental
information available to determine whether to proceed with

104 STAT. 556

PUBLIC LAW 101-380—AUG. 18, 1990
additional offshore leasing, exploration, or development offshore North Carolina; and
(8) the National Research Council report entitled "The Adequacy of Environmental Information for Outer Continental
Shelf Oil and Gas Decisions: Florida and California", issued in
1989, concluded that—
(A) information with respect to those States, which have
received greater scrutiny than has North Carolina, is inadequate; and
(B) there are serious generic defects in the Minerals
Management Service's methods of environmental analysis,
reinforcing concerns about the adequacy of the scientific and
technical information which are the basis for a decision to lease
additional tracts or approve an exploration plan offshore North
Carolina, especially with respect to oceanographic, ecological,
and socioeconomic information.
(c) PROHIBITION OF OIL AND GAS LEASING, EXPLORATION, AND
DEVELOPMENT.—

(1) PROHIBITION.—The Secretary of the Interior shall not—
(A) conduct a lesise sale;
(B) issue any new leases;
(C) approve any exploration plan;
(D) approve any development and production plan;
(E) approve any application for permit to drill; or
(F) permit any drilling,
for oil or g£is under the Outer Continental Shelf Lands Act on
any lands of the Outer Continental Shelf offshore North Carolina.
(2) BOUNDARIES.—For purposes of paragraph (1), the term
"offshore North Carolina" means the area within the lateral
seaward boundaries between areas offshore North Carolina and
areas offshore—
(A) Virginia as provided in the joint resolution entitled
"Joint resolution granting the consent of Congress to an
agreement between the States of North Carolina and Virginia establishing their lateral seaward boundary" approved October 27,1972 (86 Stat. 1298); and
(B) South Carolina as provided in the Act entitled "An
Act granting the consent of Congress to the agreement
between the States of North Carolina and South Carolina
establishing their lateral seaward boundary" approved
October 9,1981 (95 Stat. 988).
(3) DURATION OF PROHIBITION.—

Reports.

(A) IN GENERAL.—The prohibition under pargigraph (1)
shall remain in effect until the later of—:
(i) October 1,1991; or
(ii) 45 days of continuous session of the Congress after
submission of a written report to the Congress by the
Secretary of the Interior, made after consideration of
the findings and recommendations of the Environmental Sciences Review Panel under subsection (e)—
(I) certifjdng that the information available,
including information acquired pursuant to subsection (d), is sufficient to enable the Secretary to
carry out his responsibilities under the Outer Continental Shelf Lands Act with respect to authorizing the activities described in paragraph (1); and

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 557

(II) including a detailed explanation of any differences between such certification and the findings and recommendations of the Environmental
Sciences Review Panel under subsection (e), and a
detailed justification of each such difference.
(B) CONTINUOUS SESSION OF CONGRESS.—In computing any

45-day period of continuous session of Congress under
subparagraph (AXii)—
(i) continuity of session is broken only by an adjournment of the Congress sine die; and
(ii) the days on which either House of Congress is not
in session because of an adjournment of more than 3
days to a day certain are excluded.
(d) ADDITIONAL ENVIRONMENTAL INFORMATION.—The Secretary of

the Interior shall undertake ecological and socioeconomic studies,
additional physical oceanographic studies, including actual field
work and the correlation of existing data, and other additional
environmental studies, to obtain sufficient information about all
significant conditions, processes, and environments which influence,
or may be influenced by, oil and gas leasing, exploration, and
development activities offshore North Carolina to enable the Secretary to carry out his responsibilities under the Outer Continental
Shelf Lands Act with respect to authorizing the activities described
in subsection (c)(1). During the time that the Environmental Sciences Review Panel established under subsection (e) is in existence,
the Secretary of the Interior shall consult with such Panel in
carrying out this subsection.
(e) ENVIRONMENTAL SCIENCES REVIEW PANEL.—
Establishment.
(1) ESTABLISHMENT AND MEMBERSHIP.—There shall be established an Environmental Sciences Review Panel, to consist of—
(A) 1 marine scientist selected by the Secretary of the
Interior;
(B) 1 marine scientist selected by the Governor of North
Carolina; and
(C) 1 person each from the disciplines of physical oceanography, ecology, and social science, to be selected jointly by
the Secretary of the Interior and the Governor of North
Carolina from a list of individuals nominated by the National Academy of Sciences.
(2) FUNCTIONS.—Not later than 6 months after the date of the
enactment of this Act, the Environmental Sciences Review
Panel shall—
(A) prepare and submit to the Secretary of the Interior
findings and recommendations—
(i) assessing the adequacy of available physical
oceanographic, ecological, and socioeconomic information in enabling the Secretary to carry out his responsibilities under the Outer Continental Shelf Lands Act
with respect to authorizing the activities described in
subsection (c)(1); and
(ii) if such available information is not adequate for
such purposes, indicating what additional information
is required to enable the Secretary to carry out such
responsibilities; and
(B) consult with the Secretary of the Interior as provided
in subsection (d).

104 STAT. 558

PUBLIC LAW 101-380—AUG. 18, 1990
(3) EXPENSES.—Each member of the Environmental Sciences
Review Panel shall be reimbursed for actual travel expenses
and shall receive per diem in lieu of subsistence for each day
such member is engaged in the business of the Environmental
Sciences Review Panel.
(4) TERMINATION.—The Environmental Sciences Review Panel
shall be terminated after the submission of all findings and
recommendations required under paragraph (2)(A).
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to the Secretary of the Interior to carry out this
section not to exceed $500,000 for fiscal year 1991, to remain available until expended.
SEC. 6004. COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBONBEARING AREAS.
(a) AMENDMENT TO OUTER CONTINENTAL SHELF LANDS ACT.—Sec-

tion 5 of the Outer Continental Shelf Lands Act, as amended (43
U.S.C. 1334), is amended by adding a new subsection (j) as follows:
"(j) COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBON-BEARING AREAS.—
"(1) FINDINGS.—

"(A) The Congress of the United States finds that the
unrestrained competitive production of hydrocarbons from
a common hydrocarbon-bearing geological area underlying
the Federal and State boundary may result in a number of
harmful national effects, including—
"(i) the drilling of unnecessary wells, the installation
of unnecessary facilities and other imprudent operating
practices that result in economic waste, environmental
damage, and damage to life and property;
"(ii) the physical waste of hydrocarbons and an unnecessary reduction in the amounts of hydrocarbons
that can be produced from certain hydrocarbon-bearing
areas; and
"(iii) the loss of correlative rights which can result in
the reduced value of national hydrocarbon resources
and disorders in the leasing of Federal and State
resources.
"(2) PREVENTION OF HARMFUL EFFECTS.—The Secretary shall
prevent, through the cooperative development of an area, the
harmful effects of unrestrained competitive production of
hydrocarbons from a common hydrocarbon-bearing area underlying the Federal and State boundary.".
Louisiana.

ILY^^ ^^^^
note.

Ot)) 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 £is 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.

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 559

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 Intersigency 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
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.
Qo) 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

33 USC 2761.

104 STAT. 560

Contracts.

Reports.

PUBLIC LAW 101-380—AUG. 18, 1990
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.—

Texas.

(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.
(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;
(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, ade-

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 561

quate 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;
(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 t5rpes of ecologically sensitive
areEis 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 dis- State listing.
charges 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;

104 STAT. 562

State listing.

New Jersey.

Grants.
Schools and
colleges.

PUBLIC LAW 101-380—AUG. 18, 1990
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 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 3 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, and (C) the Port of New Orleans, Louisiana,
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

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 563

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
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 (bXlXF) 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.

104 STAT. 564

PUBLIC LAW 101-380—AUG. 18, 1990
(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 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.
(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 $21,250,000 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 $2,250,000 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.

HpSfn^stem
Reform Act of
1990.

TITLE VIII—TRANS-ALASKA PIPELINE
SYSTEM

43 u s e 1651

SEC. 8001. SHORT TITLE.

"^^ •

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

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 565

Subtitle A—Improvements to Trans-Alaska
Pipeline System
SEC. 8101. LIABILITY WITHIN THE STATE OF ALASKA AND CLEANUP
EFFORTS.

(a) CAUSE OF ACCIDENT.—Section 204(a)(1) of the Trans-Alaska

Pipeline Authorization Act (43 U.S.C. 1653(a)(1)) is amended by
striking out "caused by" in the first sentence and inserting in lieu
thereof "caused solely by".
(b) LIMITATION OF LIABILITY,—Section 204(a)(2) of the Trans-Alaska

Pipeline Authorization Act (43 U.S.C. 1653(a)(2)) is amended by
striking "$50,000,000" each place it occurs and inserting in lieu
thereof "$350,000,000".
(c) CLEANUP EFFORTS.—Section 204(b) of the Trans-Alaska Pipeline
Authorization Act (43 U.S.C. 1653(b)) is amended in the first sentence—
(1) by inserting after "any area" the following: "in the State
of Alaska";
(2) by inserting after "any activities" the following: "related
to the Trans-Alaska Pipeline System, including operation of the
terminal,"; and
(3) by inserting after "other Federal" the first place it appears
the following: "or State".
SEC. 8102. TRANS-ALASKA PIPELINE LIABILITY FUND.
(a) TERMINATION OF CERTAIN PROVISIONS.—

(1) REPEAL.—Section 204(c) of the Trans-Alaska Pipeline
Authorization Act (43 U.S.C. 1653(c)) is repealed, effective as
provided in paragraph (5).
(2) DISPOSITION OF FUND BALANCE.—

(A) RESERVATION OF AMOUNTS.—The trustees

43 use 1653

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;
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

"°*^-

104 STAT. 566

43 use 1653
"°*®'

43 use 1653
^°^-

43 use 1653
"°*®

PUBLIC LAW 101-380—AUG. 18, 1990
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
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 TransAlaska Pipeline Authorization Act (43 U.S.C. 1653(c)) occurring
prior to the date of enactment of this Act.
(4) TAPS COLLECTION.—Paragraph (5) of section 204(c) of the
Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) is
amended by striking the period at the end of the second sentence and adding at the end the following: ", except that after
the date of enactment of the Oil Pollution Act of 1990, the
amount to be accumulated shall be $100,000,000 or the amount
determined by the trustees and certified to the Congress by the
Comptroller General as necessary to pay claims arising from
incidents occurring prior to the date of enactment of that Act
and administrative costs, whichever is less.".
(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").
Ob) CAUSE OF ACCIDENT.—Section 204(c)(2) of the Trans-Alaska

Pipeline Authorization Act (43 U.S.C. 1653(c)(2)) is amended by
striking out "caused by" in the first sentence and inserting in lieu
thereof "caused solely by".
(c) DAMAGES.—Section 204(c) of the Trans-Alaska Pipeline
Authorization Act (43 U.S.C, 1653(c)), as amended by this title, is
further amended by adding at the end the following new paragraphs:
"(13) For any claims against the Fund, the term 'damages' shall
include, but not be limited to—
"(A) the net loss of taxes, revenues, fees, royalties, rents, or
other revenues incurred by a State or a political subdivision of a

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 567

State due to injury, destruction, or loss of real property, personal property, or natural resources, or diminished economic
activity due to a discharge of oil; and
"(B) the net cost of providing increased or additional public
services during or after removal activities due to a discharge of
oil, including protection from fire, safety, or health hazards,
incurred by a State or political subdivision of a State.
"(14) Paragraphs (1) through (13) shall apply only to claims arising
from incidents occurring before the date of enactment of the TransAlaska Pipeline System Reform Act of 1990. The Oil Pollution Act of
1990 shall apply to any incident, or any claims arising from an
incident, occurring on or after the date of the enactment of that
Act.".
(d) PAYMENT OF CLAIMS BY FUND.—Section 204(c)(3) of the TransAlaska Pipeline Authorization Act (43 U.S.C. 1653(c)(3)) is amended
by adding at the end the following: "The Fund shall expeditiously
pay claims under this subsection, including such $14,000,000, if the
owner or operator of a vessel has not paid any such claim within 90
days after such claim has been submitted to such owner or operator.
Upon payment of any such claim, the Fund shall be subrogated
under applicable State and Federal laws to all rights of any person
entitled to recover under this subsection. In any action brought by
the Fund Eigainst an owner or operator or an affiliate thereof to
recover amounts under this paragraph, the Fund shall be entitled to
recover prejudgment interest, costs, reasonable attorney's fees, and,
in the discretion of the court, penalties.".
(e) OFFICERS OR TRUSTEES.—Section 204(c)(4) of the Trans-Alaska
Pipeline Authorization Act (43 U.S.C. 1653(c)(4)) is amended—
(1) by inserting "(A)" after "(4)"; and
(2) by adding at the end the following:
"(B) No present or former officer or trustee of the Fund shall be
subject to any liability incurred by the Fund or by the present or
former officers or trustees of the Fund, other than liability for gross
negligence or willful misconduct.
"(C)(i) Subject to clause (ii), each officer and each trustee of the
Fund—
"(I) shall be indemnified against all claims and liabilities to
which he or she has or shall become subject by reeison of serving
or having served as an officer or trustee, or by reason of any
action taken, omitted, or neglected by him or her as an officer
or trustee; and
"(II) shall be reimbursed for all attorney's fees reasonably
incurred in connection with any claim or liability.
"(ii) No officer or trustee shall be indemnified against, or be
reimbursed for, any expenses incurred in connection with, any claim
or liability arising out of his or her gross negligence or willful
misconduct.".
SEC. 8103. PRESIDENTIAL TASK FORCE.
(a) ESTABLISHMENT OF TASK FORCE.—
(1) ESTABLISHMENT AND MEMBERS.—(A) There is hereby estab-

lished 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

43 USC 1651

104 STAT. 568

PUBLIC LAW 101-380—AUG. 18, 1990
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.
(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 emplojonent, 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 Giereinafter 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

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 569

(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 Contracts.
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
and review. All work performed by such firm shall be under the
direct and immediate supervision of a registered engineer.
(4) PuBUC 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 Classified
confidential receipt of information concerning TAPS, which information.
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 mesisures
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.

104 STAT. 570

Safety.

PUBLIC LAW 101-380—AUG. 18, 1990
(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
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).

Subtitle B—Penalties
SEC. 8201. AUTHORITY OF THE SECRETARY OF THE INTERIOR TO IMPOSE
PENALTIES ON OUTER CONTINENTAL SHELF FACILITIES.

Regulations.

Section 24(b) of the Outer Continental Shelf Lands Act (43 U.S.C.
1350(b)) is amended—
(1) by striking out "If any" and inserting in lieu thereof "(1)
Except as provided in paragraph (2), if any";
(2) by striking out "$10,000" and inserting in lieu thereof
"$20,000";
(3) by adding at the end of paragraph (1) the following new
sentence: "The Secretary shall, by regulation at least every 3
years, adjust the penalty specified in this paragraph to reflect
any increases in the Consumer Price Index (all items. United
States city average) as prepared by the Department of Labor.";
and
(4) by adding at the end the following new paragraph:
"(2) If a failure described in paragraph (1) constitutes or constituted a threat of serious, irreparable, or immediate harm or
damage to life (including fish and other aquatic life), property, any
mineral deposit, or the marine, coastal, or human environment, a
civil penalty may be assessed without regard to the requirement of
expiration of a period allowed for corrective action.".

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 571

SEC. 8202. TRANS-ALASKA PIPELINE SYSTEM CIVIL PENALTIES.

The Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et
seq.) is amended by adding at the end thereof the following new
section:
" C I V I L PENALTIES

"SEC. 207. (a) PENALTY.—Except as provided in subsection (c)(4), 43 use 1656.
the Secretary of the Interior may assess and collect a civil penalty
under this section with respect to any discharge of oil—
"(1) in transit from fields or reservoirs supplying oil to the
trans-Alaska pipeline; or
"(2) during transportation through the trans-Alaska pipeline
or handling at the terminal facilities, that causes damage to, or
threatens to damage, natural resources or public or private
property.
"(b) PERSONS LIABLE.—In addition to the person causing or permitting the discharge, the owner or owners of the oil at the time the
discharge occurs shall be jointly, severally, and strictly liable for the
full amount of penalties assessed pursuant to this section, except
that the United States and the several States, and political subdivisions thereof, shall not be liable under this section.
"(c) AMOUNT.—(1) The amount of the civil penalty shall not exceed
$1,000 per barrel of oil discharged.
"(2) In determining the amount of civil penalty under this section,
the Secretary shall consider the seriousness of the damages from the
discharge, the cause of the discharge, any history of prior violations
of applicable rules and laws, and the degree of success of any efforts
by the violator to minimize or mitigate the effects of such discharge.
"(3) The Secretary may reduce or waive the penalty imposed
under this section if the discharge was solely caused by an act of
war, act of God, or third party action beyond the control of the
persons liable under this section.
"(4) No civil penalty assessed by the Secretary pursuant to this
section shall be in addition to a penalty assessed pursuant to section
311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)).
"(d) PROCEDURES.—A civil penalty may be assessed and collected
under this section only after notice and opportunity for a hearing on
the record in accordance with section 554 of title 5, United States
Code. In any proceeding for the assessment of a civil penalty under
this section, the Secretary may issue subpoenas for the attendance
and testimony of witnesses and the production of relevant papers,
books, and documents and may promulgate rules for discovery
procedures. Any person who requested a hearing with respect to a
civil penalty under this subsection and who is aggrieved by an order
assessing the civil penalty may file a petition for judicial review of
such order with the United States Court of Appeals for the District
of Columbia circuit or for any other circuit in which such person
resides or transacts business. Such a petition may only be filed
within the 30-day period beginning on the date the order making
such assessment was issued.
"(e) STATE LAW.—(1) Nothing in this section shall be construed or
interpreted as preempting any State or political subdivision thereof
from imposing any additional liability or requirements with respect
to the discharge, or threat of discharge, of oil or other pollution by
oil.

104 STAT. 572

PUBLIC LAW 101-380—AUG. 18, 1990

"(2) Nothing in this section shall affect or modify in any way the
obligations or liabilities of any person under other Federal or State
law, including common law, with respect to discharges of oil.".

Subtitle C—Provisions Applicable to Alaska
Natives
SEC. 8301. LAND CONVEYANCES.

Claims.
43 u s e 1642.

The Alaska National Interest Lands Conservation Act (Public
Law 96-487) is amended by adding the following after section 1437:
"SEC. 1438. Solely for the purpose of bringing claims that arise
from the discharge of oil, the Congress confirms that all right, title,
and interest of the United States in and to the lands validly selected
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.) by Alaska Native corporations are deemed to have
vested in the respective corporations as of March 23, 1989. This
section shall take effect with respect to each Alaska Native corporation only upon its irrevocable election to accept an interim conveyance of such land and notice of such election has been formally
transmitted to the Secretary of the Interior.".
SEC. 8302. IMPACT OF POTENTIAL SPILLS IN THE ARCTIC OCEAN ON
ALASKA NATIVES.

Section 1005 of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3145) is amended—
(1) by amending the heading to read as follows:
" W I L D L I F E R E S O U R C E S P O R T I O N O F S T U D Y A N D IMPACT OF POTENTIAL

OIL SPILLS IN THE ARCTIC O C E A N " ;

Canada.

(2) by inserting "(a)" after " S E C 1005."; and
(3) by adding at the end the following:
"(b)(1) The Congress finds that—
"(A) Canada has discovered commercial quantities of oil and
gas in the Amalagak region of the Northwest Territory;
"(B) Canada is exploring alternatives for transporting the oil
from the Amalagak field to markets in Asia and the Far East;
"(C) one of the options the Canadian Government is exploring
involves transshipment of oil from the Amalagak field across
the Beaufort Sea to tankers which would transport the oil
overseas;
"(D) the tankers would traverse the American Exclusive Economic Zone through the Beaufort Sea into the Chuckchi Sea
and then through the Bering Straits;
"(E) the Beaufort and Chuckchi Seas are vital to Alaska's
Native people, providing them with subsistence in the form of
walrus, seals, fish, and whales;
"(F) the Secretary of the Interior has conducted Outer Continental Shelf lease sales in the Beaufort and Chuckchi Seas
and oil and gas exploration is ongoing;
"(G) an oil spill in the Arctic Ocean, if not properly contained
and cleaned up, could have significant impacts on the indigenous people of Alaska's North Slope and on the Arctic environment; and

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 573

"(H) there are no international contingency plans involving
our two governments concerning containment and cleanup of
an oil spill in the Arctic Ocean.
"(2XA) The Secretary of the Interior, in consultation with the
Grovernor of Alaska, shall conduct a study of the issues of recovery of
damages, contingency plans, and coordinated actions in the event of
an oil spill in the Arctic Ocean.
"(B) The Secretary shall, no later than January 31, 1991, transmit
a report to the Congress on the findings and conclusions reached as
the result of the study carried out under this subsection.
"(c) The Congress calls upon the Secretary of State, in consultation with the Secretary of the Interior, the Secretary of Transportation, and the Governor of Aleiska, to begin negotiations with the
Foreign Minister of Canada regarding a treaty dealing with the
complex issues of recovery of damages, contingency plans, and
coordinated actions in the event of an oil spill in the Arctic Ocean.
"(d) The Secretary of State shall report to the Congress on the
Secretary's efforts pursuant to this section no later than June 1,
1991.".

Reports,
Canada.
international
agreements.

Reports.

TITLE IX—AMENDMENTS TO OIL SPILL
LIABILITY TRUST FUND, ETC.
SEC. 9001. AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND.

(a) TRANSFERS TO TRUST FUND.—Subsection (b) of section 9509 of
the Internal Revenue Code of 1986 is amended by striking all that 26 USC 9509.
follows paragraph (1) and inserting the following:
"(2) amounts recovered under the Oil Pollution Act of 1990 for
damages to natural resources which are required to be deposited
in the Fund under section 1006(f) of such Act,
"(3) amounts recovered by such Trust Fund under section
1015of such Act,
"(4) amounts required to be transferred by such Act from the
revolving fund established under section 311(k) of the Federal
Water Pollution Control Act,
"(5) amounts required to be transferred by the Oil Pollution
Act of 1990 from the Deepwater Port Liability Fund established
under section 18(f) of the Deepwater Port Act of 1974,
"(6) amounts required to be transferred by the Oil Pollution
Act of 1990 from the Offshore Oil Pollution Compensation Fund
established under section 302 of the Outer Continental Shelf
Lands Act Amendments of 1978,
"(7) amounts required to be transferred by the Oil Pollution
Act of 1990 from the Trans-Alaska Pipeline Liability Fund
established under section 204 of the Trans-Alaska Pipeline
Authorization Act, and
"(8) any penalty paid pursuant to section 311 of the Federal
Water Pollution Control Act, section 309(c) of such Act (as a
result of violations of such section 311), the Deepwater Port Act
of 1974, or section 207 of the Trans-Alaska Pipeline Authorization Act."
(b) EXPENDITURES FROM TRUST FUND.—Paragraph (1) of section

9509(c) of such Code is amended to read as follows:
"(1) EXPENDITURE PURPOSES.—Amounts in the Oil Spill Liability Trust Fund shall be available, as provided in appropriation

104 STAT. 574

PUBLIC LAW 101-380—AUG. 18, 1990
Acts or section 6002(b) of the Oil Pollution Act of 1990, only for
purposes of making expenditures—
"(A) for the payment of removal costs and other costs,
expenses, claims, and damages referred to in section 1012 of
such Act,
"(B) to carry out sections 5 and 7 of the Intervention on
the High Seas Act relating to oil pollution or the substantial threat of oil pollution,
"(C) for the payment of liabilities incurred by the revolving fund established by section 311(k) of the Federal Water
Pollution Control Act,
"(D) to carry out subsections (b), (c), (d), (j), and (1) of
section 311 of the Federal Water Pollution Control Act with
respect to prevention, removal, and enforcement related to
oil discharges (as defined in such section),
"(E) for the payment of liabilities incurred by the Deepwater Port Liability Fund, and
"(F) for the payment of liabilities incurred by the Offshore Oil Pollution Compensation Fund."
(c)

26 use 9509.

INCREASE

IN

EXPENDITURES

PERMITTED

PER INCIDENT.—

Subparagraph (A) of section 9509(c)(2) of such Code is amended—
(1) by striking "$500,000,000" each place it appears and inserting "$1,000,000,000", and
(2) by striking "$250,000,000" and inserting "$500,000,000".
(d) INCREASE IN BORROWING AUTHORITY.—
(1) INCREASE IN BORROWING PERMITTED.—Paragraph

(2) of section 9509(d) of such Code is amended by striking "$500,000,000"
and inserting "$1,000,000,000".
(2) CHANGE IN FINAL REPAYMENT DATE.—Subparagraph (B) of

section 9509(d)(3) of such Code is amended by striking "December 31,1991" and inserting "December 31,1994".
(e) OTHER CHANGES.—

(1) Paragraph (2) of section 9509(e) of such Code is amended by
striking "Comprehensive Oil Pollution Liability and Compensation Act" and inserting "Oil Pollution Act of 1990".
(2) Subparagraph (B) of section 9509(c)(2) of such Code is
amended by striking "described in paragraph (l)(A)(i)" and
inserting "of removal costs".
(3) Subsection (f) of section 9509 of such Code is amended to
read as follows:
"(f) REFERENCES TO OIL POLLUTION ACT OF 1990.—Any reference in

this section to the Oil Pollution Act of 1990 or any other Act
referred to in a subparagraph of subsection (c)(1) shall be treated as
a reference to such Act as in effect on the date of the enactment of
this subsection."
SEC. 9002. CHANGES RELATING TO OTHER FUNDS.
(a) REPEAL OF PROVISION RELATING TO TRANSFERS TO OIL SPILL
LIABILITY FUND.—Subsection (d) of section 4612 of the Internal

26 use 4612.

Revenue Code of 1986 is amended by striking the last sentence.
(b) CREDIT AGAINST OIL SPILL RATE ALLOWED ON AFFILIATED GROUP

BASIS.—Subsection (d) of section 4612 of such Code is amended by
adding at the end thereof the following new sentence: "For purposes
of this subsection, all taxpayers which would be members of the
same affiliated group (as defined in section 1504(a)) if section

PUBLIC LAW 101-380—AUG. 18, 1990

104 STAT. 575

1504(aX2) were applied by substituting '100 percent' for '80 percent'
shall be treated as 1 taxpayer."
Approved August 18, 1990.

LEGISLATIVE HISTORY—H.R. 1465 (H.R. 3027) (S. 686):
HOUSE REPORTS: No. 101-241, Pt. 1 (Comm. on Public Works and Transportation)
and Pt. 2 (Comm. on Science, Space, and Technology), both
accompanying H.R. 3027; No. 101-242, Pt. 1 (Comm. on Public
Works and Transportation), Pt. 2 (Comm. on Merchant Marine
and Fisheries), Pt. 3 (Comm. on Science, Space, and Technology),
Pt. 4 (Comm. on Public Works and Transportation), and Pt. 5
(Comm. on Merchant Marine and Fisheries); and No. 101-653
(Comm. of Conference).
SENATE REPORTS: No. 101-94 accompanying S. 686 (Comm. on Environment and
Public Works).
CONGRESSIONAL RECORD:
Vol. 135 (1989): Aug. 3, 4, S. 686 considered and passed Senate.
Nov. 2, 8, 9, H.R. 1465 considered and passed House.
Nov. 19, considered and passed Senate, amended, in lieu of
S. 686.
Vol. 136 (1990): Aug. 2, Senate agreed to conference report.
Aug. 3, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):
Aug. 18, Presidential statement.

39-194 O - 91 - 20 : QL 3 Part 1