43 U.S.C. § 1653 : US Code - Section 1653: Liability for damages

Search 43 U.S.C. § 1653 : US Code - Section 1653: Liability for damages

(a) Activities along or in vicinity of pipeline right-of-way;
strict liability; limitation on liability; subrogation; emergency
subsistence and other aid; exemption for State of Alaska
(1) Except when the holder of the pipeline right-of-way granted
pursuant to this chapter can prove that damages in connection with
or resulting from activities along or in the vicinity of the
proposed trans-Alaskan pipeline right-of-way were caused solely by
an act of war or negligence of the United States, other government
entity, or the damaged party, such holder shall be strictly liable
to all damaged parties, public or private, without regard to fault
for such damages, and without regard to ownership of any affected
lands, structures, fish, wildlife, or biotic or other natural
resources relied upon by Alaska Natives, Native organizations, or
others for subsistence or economic purposes. Claims for such injury
or damages may be determined by arbitration or judicial
proceedings.
(2) Liability under paragraph (1) of this subsection shall be
limited to $350,000,000 for any one incident, and the holders of
the right-of-way or permit shall be liable for any claim allowed in
proportion to their ownership interest in the right-of-way or
permit. Liability of such holders for damages in excess of
$350,000,000 shall be in accord with ordinary rules of negligence.
(3) In any case where liability without fault is imposed pursuant
to this subsection and the damages involved were caused by the
negligence of a third party, the rules of subrogation shall apply
in accordance with the law of the jurisdiction where the damage
occurred.
(4) Upon order of the Secretary, the holder of a right-of-way or
permit shall provide emergency subsistence and other aid to an
affected Alaska Native, Native organization, or other person
pending expeditious filing of, and determination of, a claim under
this subsection.
(5) Where the State of Alaska is the holder of a right-of-way or
permit under this chapter, the State shall not be subject to the
provisions of this subsection, but the holder of the permit or
right-of-way for the trans-Alaska pipeline shall be subject to this
subsection with respect to facilities constructed or activities
conducted under rights-of-way or permits issued to the State to the
extent that such holder engages in the construction, operation,
maintenance, and termination of facilities, or in other activities
under rights-of-way or permits issued to the State.
(b) Control and removal of pollutants at expense of right-of-way
holder
If any area in the State of Alaska within or without the right-of-
way or permit area granted under this chapter is polluted by any
activities related to the Trans-Alaska Pipeline System, including
operation of the terminal, conducted by or on behalf of the holder
to whom such right-of-way or permit was granted, and such pollution
damages or threatens to damage aquatic life, wildlife, or public or
private property, the control and total removal of the pollutant
shall be at the expense of such holder, including any
administrative and other costs incurred by the Secretary or any
other Federal or State officer or agency. Upon failure of such
holder to adequately control and remove such pollutant, the
Secretary, in cooperation with other Federal, State, or local
agencies, or in cooperation with such holder, or both, shall have
the right to accomplish the control and removal at the expense of
such holder.