Outer Continental Shelf Operations Indemnification Clarification Act of 1988
PL 100-610 (H.R.4517), enacted 11/05/1988

102 STAT. 3176 
PUBLIC LAW 100-610—NOV. 5, 1988 
Public Law 100-610 
100th Congress 
An Act 
Nov. 5, 1988 
[H.R. 4517] 
Outer 
Continental 
Shelf Operations 
Indemnification 
Clarification Act 
of 1988. 
43 u s e 1801 
note. 
43 u s e 1815. 
Birds. 
Conservation. 
Fish and fishing. 
Research and 
development. 
16 u s e 668dd 
note. 
To amend title III of the Outer Continental Shelf Lands Act Amendments of 1978 to 
provide for indemnification and hold harmless agreements. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Outer Continental Shelf Operations 
Indemnification Clarification Act of 1988". 
SEC. 2. INDEMNITY AGREEMENTS. 
Section 305 of the Outer Continental Shelf Lands Act Amend-
ments of 1978 (43 U.S.C. 1802 et seq.) is amended by adding at the 
end the following new subsection: 
"(e) Any owner or operator of an offshore facility may enter into 
an indemnity, hold harmless, or similar agreement with any person 
holding a lease on the Outer Continental Shelf with respect to any 
liability arising under this title. Notwithstanding the provision 
of this subsection, any such indemnity, hold harmless, or similar 
agreement shall not relieve such owner, operator, or person from 
liability arising under this title. Nothing in this subsection shall be 
construed to alter or in any way affect the financial responsibility 
requirements imposed under this section.". 
SEC. 3. GUARANTOR'S LIABILITY. 
Section 305 of the Outer Continental Shelf Lands Act Amend-
ments of 1978 is amended by redesignating subsection (c) as (c)(1) 
and adding a new subsection (c)(2) to read as follows: 
"(2) The total liability of any guarantor in a direct action suit 
brought under this section shall be limited to the aggregate amount 
of the monetary limits of the policy of insurance, guarantee, surety 
bond, letter of credit, or similar instrument obtained from the 
guarantor by the person subject to liability. Nothing in this subsec-
tion shall be construed, interpreted or applied to diminish the 
liability of any person under this Act or other applicable law.". 
TITLE II—PETTAQUAMSCUTT COVE 
NATIONAL WILDLIFE REFUGE 
SEC. 20L FINDINGS. 
The Congress finds that— 
(1) Pettaquamscutt Cove, and the associated tidal marshes 
and mudflats, and dividing the towns of Narragansett and 
South Kingstown, Rhode Island, has been identified as the most 
important black duck migration and wintering habitat in 
PUBLIC LAW 100-610—NOV. 5, 1988 
102 STAT. 3177 
Rhode Island, in accordance with the objectives of the North 
American Waterfowl Plan; 
(2) Pettaquamscutt Cove provides important migration and 
wintering habitat for various other species of waterfowl, valu-
able feeding habitat for shorebirds, terns, gulls, and wading 
birds, and habitat for many species of finfish and shellfish; 
(3) Pettaquamscutt Cove is home to several State-listed Rare 
and Uncommon animal and plant species; and 
(4) designation of this area as a National Wildlife Refuge 
would significantly aid in the conservation of these fish and 
wildlife resources. 
SEC. 202. PURPOSES. 
The purposes for which the Pettaquamscutt Cove National Wild-
life Refuge is established and shall be managed include— 
(1) to protect and enhance the populations of black ducks and 
other waterfowl, geese, shorebirds, terns, wading birds, and 
other wildlife using the refuge; 
(2) to provide for the conservation and management of fish 
and wildlife within the refuge; 
(3) to fulfill the international treaty obligations of the United 
States respecting fish and wildlife; and 
(4) to provide opportunities for scientific research, environ-
mental education, and fish and wildlife-oriented recreation. 
SEC. 20.3. DEFINITIONS. 
For the purposes of this Act— 
(1) the term "refuge" means the Pettaquamscutt Cove Na-
tional Wildlife Refuge; 
, 
(2) the term "Secretary" means the Secretary of the Interior; 
and 
(3) the term "selection area" means the lands and waters of 
the Pettaquamscutt Watershed in the State of Rhode Island. 
SEC. 204. ESTABLISHMENT OF REFUGE. 
(a)(1) Within one year after the effective date of this Act the 
Secretary shall designate approximately 600 acres of land and 
waters within the selection area which the Secretary considers 
appropriate for the refuge. 
(2) After making such designation, the Secretary shall publish in 
the Federal Register, and in newspapers of local circulation, a notice 
of availability of a detailed map depicting the boundaries of the land 
so designated, which map shall be on file and available for inspec-
tion in the office of the Director of the United States Fish and 
Wildlife Service, Department of the Interior, and in appropriate 
offices of the United States Fish and Wildlife Service in the State of 
Rhode Island. 
(b) BOUNDARY REVISIONS.—The Secretary may make such minor 
revisions in the boundaries designated under this section as may be 
appropriate to carry out the purpose of this Act or to facilitate the 
acquisition of property within the refuge. 
(c) ACQUISITION.—After determination of the boundaries of the 
refuge in accordance with the provisions of subsection (a) of this 
section, the Secretary is authorized to acquire the lands and waters, 
or interests therein, within the boundary of the refuge. 
(d) ESTABLISHMENT.—The Secretary shall establish the National 
Wildlife Refuge, by publication of a notice to that effect in the 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
102 STAT. 3178 
PUBLIC LAW 100-610—NOV. 5, 1988 
Federal Register and publications of local circulation, whenever 
sufficient property has been acquired within the boundary of the 
refuge to constitute an area that can be effectively meinaged as a 
National Wildlife Refuge. 
SEC. 205. ADMINISTRATION. 
The Secretary shall administer all lands, waters, and interests 
therein acquired under this Act in accordance with the provisions of 
the National Wildlife Refuge System Administration Act of 1968 
(16 U.S.C. 668dd-668ee). The Secretary may utilize such additional 
statutory authority as may be available to him for the conservation 
and development of wildlife and natural resources, the development 
of recreation opportunities, and interpretive education, as he deems 
appropriate to carry out the purposes of this Act. 
SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Department of the 
Interior— 
(a) such funds as may be necessary for the acquisition of lands 
and waters designated in section 4(a)(1); and 
(b) such funds as may be necessary for the development, 
operation and maintenance of the refuge. 
SEC. 207. EFFECTIVE DATE. 
This Act shall take effect on the date of its enactment. 
Approved November 5,1988. 
LEGISLATIVE HISTORY—H.R. 4517: 
HOUSE REPORTS: No. 100-710 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 20, considered and passed House. 
Oct. 14, considered and passed Senate, amended. 
Oct. 19, House concurred in Senate amendment.