Notes on 43 U.S.C. § 1653 : US Code - Notes

Search Notes on 43 U.S.C. § 1653 : US Code - Notes

(Pub. L. 93-153, title II, Sec. 204, Nov. 16, 1973, 87 Stat. 586;
Pub. L. 101-380, title VIII, Secs. 8101, 8102(a)(1), (4), (b)-(e),
Aug. 18, 1990, 104 Stat. 565-567.)
AMENDMENTS
1990 - Subsec. (a)(1). Pub. L. 101-380, Sec. 8101(a), substituted
"caused solely by" for "caused by".
Subsec. (a)(2). Pub. L. 101-380, Sec. 8101(b), substituted
"$350,000,000" for "$50,000,000" in two places.
Subsec. (b). Pub. L. 101-380, Sec. 8101(c), inserted "in the
State of Alaska" after "any area", "related to the Trans-Alaska
Pipeline System, including operation of the terminal," after "any
activities", and "or State" after "any other Federal".
Subsec. (c). Pub. L. 101-380, Sec. 8102(a)(1), struck out subsec.
(c) which related to liability for discharges of oil loaded at
terminal facilities and to establishment of Trans-Alaska Pipeline
Liability Fund.
Subsec. (c)(2). Pub. L. 101-380, Sec. 8102(b), substituted
"caused solely by" for "caused by".
Subsec. (c)(3). Pub. L. 101-380, Sec. 8102(d), inserted at end
"The Fund shall expeditiously pay claims under this subsection,
including such $14,000,000, if the owner or operator of a vessel
has not paid any such claim within 90 days after such claim has
been submitted to such owner or operator. Upon payment of any such
claim, the Fund shall be subrogated under applicable State and
Federal laws to all rights of any person entitled to recover under
this subsection. In any action brought by the Fund against an owner
or operator or an affiliate thereof to recover amounts under this
paragraph, the Fund shall be entitled to recover prejudgment
interest, costs, reasonable attorney's fees, and, in the discretion
of the court, penalties."
Subsec. (c)(4). Pub. L. 101-380, Sec. 8102(e), designated
existing provisions as par. (A) and added pars. (B) and (C).
Subsec. (c)(5). Pub. L. 101-380, Sec. 8102(a)(4), inserted before
period at end of second sentence ", except that after August 18,
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 August 18, 1990, and administrative
costs, whichever is less".
Subsec. (c)(13), (14). Pub. L. 101-380, Sec. 8102(c), added pars.
(13) and (14).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of Title 33,
Navigation and Navigable Waters.
Section 8102(a)(5)(A) of Pub. L. 101-380 provided that: "The
repeal by paragraph (1) [repealing subsec. (c) of this section]
shall be effective 60 days after the date on which the Comptroller
General of the United States certifies to the Congress [certified
July 5, 2000] that -
"(i) all claims arising under section 204(c) of the Trans-
Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) have been
resolved,
"(ii) all actions for the recovery of amounts subject to
section 204(c) of the Trans-Alaska Pipeline Authorization Act
have been resolved, and
"(iii) all administrative expenses reasonably necessary for and
incidental to the implementation of section 204(c) of the Trans-
Alaska Pipeline Authorization Act have been paid."
SAVINGS PROVISION
Section 8102(a)(3) of Pub. L. 101-380 provided that: "The repeal
made by paragraph (1) [repealing subsec. (c) of this section] shall
have no effect on any right to recover or responsibility that
arises from incidents subject to section 204(c) of the Trans-Alaska
Pipeline Authorization Act (43 U.S.C. 1653(c)) occurring prior to
the date of enactment of this Act [Aug. 18, 1990]."
BULK FUEL STORAGE TANKS
Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 329(a),
(b)], Oct. 21, 1998, 112 Stat. 2681-439, 2681-470, provided that:
"(a) Transfer of Funds. - Notwithstanding any other provision of
law, the remainder of the balance in the Trans-Alaska Pipeline
Liability Fund that is transferred and deposited into the Oil Spill
Liability Trust Fund under section 8102(a)(2)(B)(ii) of the Oil
Pollution Act of 1990 (43 U.S.C. 1653 note) after June 16, 1998
shall be used in accordance with this section.
"(b) Use of Interest Only. - The interest produced from the
investment of the Trans-Alaska Pipeline Liability Fund balance that
is transferred and deposited into the Oil Spill Liability Trust
Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution Act of
1990 [Pub. L. 101-380] (43 U.S.C. 1653 note) after June 16, 1998
shall be transferred annually by the National Pollution Funds
Center to the Denali Commission for a program, to be developed in
consultation with the Coast Guard, to repair or replace bulk fuel
storage tanks in Alaska which are not in compliance with federal
law, including the Oil Pollution Act of 1990 [33 U.S.C. 2701 et
seq.], or State law."
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]
DISPOSITION OF FUND BALANCE
Section 8102(a)(2) of Pub. L. 101-380, as amended by Pub. L. 105-
277, div. A, Sec. 101(g) [title III, Sec. 329(c)], Oct. 21, 1998,
112 Stat. 2681-439, 2681-471, provided that:
"(A) Reservation of amounts. - The trustees of the Trans-Alaska
Pipeline Liability Fund (hereafter in this subsection referred to
as the 'TAPS Fund') shall reserve the following amounts in the TAPS
Fund -
"(i) necessary to pay claims arising under section 204(c) of
the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c));
and
"(ii) administrative expenses reasonably necessary for and
incidental to the implementation of section 204(c) of that Act.
"(B) Disposition of the balance. - After the Comptroller General
of the United States certifies that the requirements of
subparagraph (A) have been met, the trustees of the TAPS Fund shall
dispose of the balance in the TAPS Fund after the reservation of
amounts are made under subparagraph (A) by -
"(i) rebating the pro rata share of the balance to the State of
Alaska for its contributions as an owner of oil, which, except as
otherwise provided under article IX, section 15, of the Alaska
Constitution, shall be used for the remediation of above-ground
storage tanks; and then
"(ii) transferring and depositing the remainder of the balance
into the Oil Spill Liability Trust Fund established under section
9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509).
"(C) Disposition of the reserved amounts. - After payment of all
claims arising from an incident for which funds are reserved under
subparagraph (A) and certification by the Comptroller General of
the United States that the claims arising from that incident have
been paid, the excess amounts, if any, for that incident shall be
disposed of as set forth under subparagraphs (A) and (B).
"(D) Authorization. - The amounts transferred and deposited in
the Fund shall be available for the purposes of section 1012 of the
Oil Pollution Act of 1990 [33 U.S.C. 2712] after funding sections
5001 [33 U.S.C. 2731] and 8103 [43 U.S.C. 1651 note] to the extent
that funds have not otherwise been provided for the purposes of
such sections."
LIABILITIES OF TRUSTEES OF TAPS FUND
Section 8102(a)(5)(B) of Pub. L. 101-380 provided that: "Upon the
effective date of the repeal pursuant to subparagraph (A) [see
Effective Date of 1990 Amendment note above], the trustees of the
TAPS Fund shall be relieved of all responsibilities under section
204(c) of the Trans-Alaska Pipeline Authorization Act [43 U.S.C.
1653(c)], but not any existing legal liability."
PRESERVATION OF RIGHTS AND REMEDIES OF CONTRIBUTORS TO TAPS FUND
Section 8102(a)(6) provided that: "This subsection [amending this
section and enacting provisions set out as notes above] 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')."