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.
43 U.S. Code § 1653. Liability for damages
1990—Subsec. (a)(1). Pub. L. 101–380, § 8101(a), substituted “caused solely by” for “caused by”.
Subsec. (a)(2). Pub. L. 101–380, § 8101(b), substituted “$350,000,000” for “$50,000,000” in two places.
Subsec. (b). Pub. L. 101–380, § 8101(c), inserted “in the State of Alaska” after “any area”, “related to the Trans-Alaska Pipeline System, including operation of the terminal,” after “any activities”, and “or State” after “any other Federal”.
Subsec. (c). Pub. L. 101–380, § 8102(a)(1), struck out subsec. (c) which related to liability for discharges of oil loaded at terminal facilities and to establishment of Trans-Alaska Pipeline Liability Fund.
Subsec. (c)(2). Pub. L. 101–380, § 8102(b), substituted “caused solely by” for “caused by”.
Subsec. (c)(3). Pub. L. 101–380, § 8102(d), inserted at end “The Fund shall expeditiously pay claims under this subsection, including such $14,000,000, if the owner or operator of a vessel has not paid any such claim within 90 days after such claim has been submitted to such owner or operator. Upon payment of any such claim, the Fund shall be subrogated under applicable State and Federal laws to all rights of any person entitled to recover under this subsection. In any action brought by the Fund against an owner or operator or an affiliate thereof to recover amounts under this paragraph, the Fund shall be entitled to recover prejudgment interest, costs, reasonable attorney’s fees, and, in the discretion of the court, penalties.”
Subsec. (c)(4). Pub. L. 101–380, § 8102(e), designated existing provisions as par. (A) and added pars. (B) and (C).
Subsec. (c)(5). Pub. L. 101–380, § 8102(a)(4), inserted before period at end of second sentence “, except that after 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, § 8102(c), added pars. (13) and (14).
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.
Pub. L. 105–277, div. A, § 101(g) [title III, § 329(a), (b)], Oct. 21, 1998, 112 Stat. 2681–439, 2681–470, as amended by Pub. L. 114–113, div. D, title IV, § 403, Dec. 18, 2015, 129 Stat. 2422, provided that:
[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.]
Pub. L. 101–380, title VIII, § 8102(a)(2), Aug. 18, 1990, 104 Stat. 565, as amended by Pub. L. 105–277, div. A, § 101(g) [title III, § 329(c)], Oct. 21, 1998, 112 Stat. 2681–439, 2681–471, provided that: