Oil Pollution Act of 1990
PL 101-380 (H.R.1465), enacted 08/18/1990

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: 
TITLE I—OIL POLLUTION LIABILITY AND COMPENSATION 
Sec. 1001. Definitions. 
Sec. 1002. Elements of liability. 
Sec. 1003. Defenses to liability. 
Sec. 1004. Limits on liability. 
Sec. 1005. Interest. 
Sec. 1006. Natural resources. 
Sec. 1007. Recovery by foreign claimants. 
Sec. 1008. Recovery by responsible party. 
Sec. 1009. Contribution. 
Sec. 1010. Indemnification agreements. 
Sec. 1011. Consultation on removal actions. 
Sec. 1012. Uses of the Fund. 
Sec. 1013. Claims procedure. 
Sec. 1014. Designation of source and advertisement. 
Sec. 1015. Subrogation. 
Sec. 1016. Financial responsibility. 
Sec. 1017. Litigation, jurisdiction, smd venue. 
Sec. 1018. Relationship to other law. 
Sec. 1019. State financial responsibility. 
Sec. 1020. Application. 
TITLE II—CONFORMING AMENDMENTS 
Sec. 2001. Intervention on the High Seas Act. 
Sec. 2002. Federal Water Pollution Control Act. 
Sec. 2003. Deepwater Port Act. 
Sec. 2004. 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' docu-
ments; criminal record reviews in renewals. 
Sec. 4103. Suspension and revocation of licenses, certificates of registry, and mer-
chant mariners' documents for alcohol and drug abuse. 
PUBLIC LAW 101-380—AUG. 18, 1990 
104 STAT. 485 
Sec. 4104. Removal of master or individual in charge. 
Sec. 4105. Access to National Driver Register. 
Sec. 4106. Manning standards for foreign tank vessels. 
Sec. 4107. Vessel traffic service systems. 
Sec. 4108. Great Lakes pilotage. 
Sec. 4109. Periodic gauging of plating thickness of commercial vessels. 
Sec. 4110. Overfill and tank level or pressure monitoring devices. 
Sec. 4111. Study on tanker navigation safety standards. 
Sec. 4112. Dredge modification study. 
Sec. 4113. Use of liners. 
Sec. 4114. Tank vessel manning. 
Sec. 4115. Establishment of double hull requirement for tank vessels. 
Sec. 4116. Pilotage. 
Sec. 4117. Maritime pollution prevention training program study. 
Sec. 4118. Vessel communication equipment regulations. 
Subtitle B—Removal 
Sec. 4201. Federal removal authority. 
Sec. 4202. National planning and response system. 
Sec. 4203. Coast Guard vessel design. 
Sec. 4204. Determination of harmful quantities of oil and heizardous substances. 
Sec. 4205. Coastwise oil spill response endorsements. 
Subtitle C—Penalties and Miscellaneous 
Sec. 4301. Federal Water Pollution Control Act penalties. 
Sec. 4302. Other penalties. 
Sec. 4303. Financial responsibility civil penalties. 
Sec. 4304. Deposit of certain penalties into oil spill liability trust fund. 
Sec. 4305. Inspection and entry. 
Sec. 4306. Civil enforcement under Federal Water Pollution Control Act. 
TITLE V—PRINCE WILLIAM SOUND PROVISIONS 
Sec. 5001. Oil spill recovery institute. 
Sec. 5002. Terminal and tanker oversight and monitoring. 
Sec. 5003. Bligh Reef light. 
Sec. 5004. Vessel traffic service system. 
Sec. 5005. Equipment and personnel requirements under tank vessel and facility re-
sponse plans. 
Sec. 5006. Funding. 
Sec. 5007. Limitation. 
TITLE VI—MISCELLANEOUS 
Sec. 6001. Savings provisions. 
Sec. 6002. Annual appropriations. 
Sec. 6003. Outer Banks protection. 
Sec. 6004. 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. 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 disas-
ter 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 fore-
sight; 
(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 result-
ing 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 Deep-
water Port Act of 1974 (33 U.S.C. 1501-1524); 
(7) "discharge" means any emission (other than natural seep-
age), 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 be-
tween 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, equip-
ment, 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 continen-
tal shelf; 
(11) "Fund" means the Oil Spill Liability Trust Fund, estab-
lished 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 
104 STAT. 487 
(13) "guarantor" means any person, other than the respon-
sible 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 recog-
nized 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 stand-
ard 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 Contin-
gency 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 in-
clude petroleum, including crude oil or any fraction thereof, 
which is specifically listed or designated as a hazardous sub-
stance 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. 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 imme-
diately prior to such abandonment; 
(27) "person" means an individual, corporation, partnership, 
association. State, municipality, commission, or political sub-
division 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 char-
tered 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 facil-
ity (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 inter-
state 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 facil-
ity (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 politi-
cal 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 facil-
ity, 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) IN 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 navi-
gable 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 Interven-
tion 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, destruc-
tion 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 re-
moval 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 dis-
charge— 
(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 Trans-
Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.). 
(d) LiABiUTY OF THIRD PARTIES.— 
(1) IN 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 determin-
ing liability under this title. 
(B) SUBROGATION OF RESPONSIBLE PARTY.—If the respon-
sible party alleges that the discharge or threat of a dis-
charge 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 oc-
curred 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 prepon-
derance 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). 
O
b
) 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 re-
quested 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. 
33 USC 2704. 
(a) GENERAL RULE.—Except as otherwise provided in this section, 
the total of the liability of a responsible party under section 1002 
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, construc-
tion, 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 O
R 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 re-
moval 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 O
R VESSEL.—Notwithstanding the limitations 
established under subsection (a) and the defenses of section 
1003, all removal costs incurred by the United States Govern-
ment 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 Presi-
dent 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 de-
fined 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 appro-
priate. 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 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. 
(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^ 
President of U.S. 
Regulations. 
33 u s e 2705. 
104 STAT. 494 
PUBLIC LAW 101-380—AUG. 18, 1990 
33 u s e 2706. 
State and local 
governments. 
Indians. 
President of U.S. 
Claims. 
(1) IN 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) IN GENERAL.—Interest (including prejudgment in-
terest) 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 limita-
tion of liability under section 1004. 
(B) PAYMENT BY GUARANTOR.—The payment of interest 
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 govern-
ment of a foreign country for natural resources belonging to, 
managed by, controlled by, or appertaining to such country. 
(b) DESIGNATION OF TRUSTEES.— 
(1) IN GENERAL.—The President, or the authorized representa-
tive 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 des-
ignate 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 trustee-
ship; 
(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 restora-
tion, rehabilitation, replacement, or acquisition of the 
equivalent, of the natural resources under their trustee-
ship. 
(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 restora-
tion, rehabilitation, replacement, or acquisition of the 
equivalent, of the natural resources under their trustee-
ship. 
(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 restora-
tion, rehabilitation, replacement, or acquisition of the 
equivalent, of the natural resources under their trustee-
ship. 
(4) FOREIGN TRUSTEES.—The trustees designated under subsec-
tion (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 restora-
tion, rehabilitation, replacement, or acquisition of the 
' 
equivalent, of the natural resources under their trustee-
ship. 
(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 consider-
ation of all public comment. 
(d) MEASURE OF DAMAGES.— 
(1) IN 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, re-
habilitation, 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-
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 dam-
ages 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 prevail-
ing party. Nothing in this subsection shall restrict any right which 
any person may have to seek relief under any other provision of law. 
33 u s e 2707. 
SEC. 1007. RECOVERY BY FOREIGN CLAIMANTS. 
(a) REQUIRED SHOWING BY FOREIGN CLAIMANTS.— 
PUBLIC LAW 101-380—AUG. 18, 1990 
104 STAT. 497 
(1) IN GENERAL.—In addition to satisfjdng the other require-
ments 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 agree-
ment between the United States and the claimant's coun-
try, or the Secretary of State, in consultation with the 
Attorney General and other appropriate officials, has cer-
tified 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 "for-
eign 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) IN 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 dem-
onstrates 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. 
33 uSC 2709. 
A person may bring a civil action for contribution against any 
other person who is liable or potentially liable under this Act or 
104 STAT. 498 
PUBLIC LAW 101-380—AUG. 18, 1990 
33 use 2710. 
President of U.S. 
State and local 
governments. 
33 use 2711. 
President of U.S. 
33 use 2712. 
another law. The action shall be brought in accordance with section 
1017. 
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 harm-
less, or similar agreement or conveyance shall be effective to trans-
fer 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. 
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 Na-
tional 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 Presi-
dent for— 
(1) the payment of removal costs, including the costs of mon-
itoring 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, replace-
ment, 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 uncompen-
sated damages; 
(5) the pa3anent of Federal administrative, operational, and 
personnel costs and expenses reasonably necessary for qnd 
incidental to the implementation, administration, and enforce-
ment 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 Na-
tional 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 re-
moval 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 offi-
cials 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 consist-
ent with the National Contingency Plan required for the imme-
diate 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 agree-
ment 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 regula-
tions 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 
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 
Reports. 
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 con-
tained 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) IN 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 re-
sources or similar need for emergency action. 
(k) PREFERENCE FOR PRIVATE PERSONS IN AREA AFFECTED BY DIS-
CHARGE.— 
(1) IN GENERAL.—In the expenditure of Federal funds for 
removal of oil, including for distribution of supplies, construc-
tion, 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. 
(a) PRESENTATION.—Except £is provided in subsection (b), all claims 
for removal costs or damages shall be presented first to the respon-
sible party or guarantor of the source designated under section 
1014(a). 
(b) PRESENTATION TO FUND.— 
(1) IN 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 subsec-
tion (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), which-
ever 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 accord-
ance with this section and full and adequate compensation is un-
available, a claim for the uncompensated damages and removal 
costs may be presented to the Fund. 
(e) PROCEDURE FOR CLAIMS AGAINST FUND.—The President shall 
promulgate, and may from time to time amend, regulations for the 
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 proce-
dures by which claims may be presented, in accordance with regula-
tions 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 
33 use 2713. 
President of U.S. 
Regulations. 
President of U.S. 
33 use 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 guaran-
tor. Advertisement under this subsection shall continue for a period 
of no less than 30 days, 
(c) ADVERTISEMENT B
Y PRESIDENT.—If^ 
(1) the responsible party and the guarantor both deny a 
designation within 5 days after receiving notification of a des-
ignation 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 use 2715. 
SEC. 1015. SUBROGATION. 
(a) IN 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 respon-
sibility need be established only to meet the amount of the maxi-
mum liability applicable to the vessel having the greatest maximum 
liability. 
O
t
)
) 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 finan-
cial 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 sec-
tion. 
(3) SEIZURE OF VESSEL.—Any vessel subject to the require-
ments 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 estab-
lish 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 estab-
lished 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 finan-
cial 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 respon-
sibility 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 respon-
sibility 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 responsibil-
ity 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 promul-
gating requirements under this section, the Secretary or the Presi-
dent, 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 uni-
fied certificate of financial responsibility for purposes of this Act 
and any other law. 
33 use 2717. 
SEC. 1017. LITIGATION, JURISDICTION, AND VENUE. 
(a) REVIEW OF REGULATIONS.—Review of any regulation promul-
gated 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 recov-
ery of response costs. 
OJ) JURISDICTION.—Except as provided in subsections (a) and (c), 
the United States district courts shall have exclusive original juris-
diction 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 discover-
able 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 re-
sources 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 re-
moval 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. 
33 USC 2718. 
(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 
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 use 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 use 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 
33 use 1321 
note. 
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 depos-
ited 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 dis-
charges, of oil. Any amounts received by the United States under 
this section shall be deposited in the Oil Spill Liability Trust Fund.". 
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 
33 USC 1503. 
inserting "section 1016 of the Oil Pollution Act of 1990"; and 
(2) by striking section 18. 
33 use 1517. 
(b) AMOUNTS 
REMAINING 
IN DEEPWATER 
PORT 
FUND.—Any 26 use 9509 
amounts remaining in the Deepwater Port Liability Fund estab- note. 
lished 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. 
Title III of the Outer Continental Shelf Lands Act Amendments of 
1978 (43 U.S.C. 1811-1824) is repealed. Any amounts remaining in 
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 
Repeal. 
26 use 9509 
note. 
SEC. 3001. SENSE OF CONGRESS REGARDING PARTICIPATION IN INTER-
NATIONAL 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 COOPERA-
TION. 
(a) REVIEW.—The Secretary of State shall review relevant inter-
national 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 At-
mospheric Administration, the Great Lakes States, the Inter-
national 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 CO-
OPERATION. 
(a) REVIEW.—The Secretary of State shall review relevant inter-
national 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. 
Vermont. 
(b) CONSULTATION.—In carrying out this section, the Secretary of 
New York. 
State shall consult with the Department of Transportation, the 
Environmental Protection Agency, the National Oceanic and At-
mospheric 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 organiza-
tions to establish an international inventory of spill removal equip-
ment 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 individ-
ual 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 individ-
ual 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 MER-
CHANT MARINERS' DOCUMENTS; CRIMINAL RECORD RE-
VIEWS 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 5-
year 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 
PUBLIC LAW 101-380—AUG. 18, 1990 
46 use 7106 
(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 i
f
— 
(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 REG-
ISTER.— 
(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 Reg-
ister 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 viola-
tion 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 docu-
ment; 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 suspen-
sion.". 
(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 sec-
tion 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 docu-
ment issued by the Secretary may be suspended or revoked if the 
holder— 
"(1) when acting under the authority of that license, certifi-
cate, 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 require-
ment 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 Improve-
ment 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 subpara-
graph (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 mari-
ner's document of the individual based on that information and 
before using that information in any action taken under chap-
ter 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 Na-
tional 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, revok-
ing, 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, quali-
fication, 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 equiva-
lent to United States law or international standards accepted by the 
United States, the Secretary shall prohibit vessels issued docu-
mentation 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 prohib-
ited from entering the United States under paragraph (3) of this 
subsection i
f
— 
"(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 con-
structed or adapted to carry, or that carries, oil in bulk as cargo or 
cargo residue involved in a marine casualty described under subsec-
tion (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) IN 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 "Secre-
ary—"; 
(2) in paragraph (1) by striking "establish, operate, and main-
tain" 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 im-
proved vessel traffic service systems, by evaluating— 
(i) the nature, volume, and frequency of vessel traffic; 
(ii) the risks of collisions, spills, and damages associ-
ated with that traffic; 
(iii) the impact of installation, expansion, or improve-
ment 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 Con-
gress a report on the results of the study conducted under 
paragraph (1) and recommendations for implementing the re-
sults of that study. 
SEC. 4108. GREAT LAKES PILOTAGE. 
(a) INDIVIDUALS WHO 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 provi-
sions 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. 
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. 
46 use 3703 
note. 
SEC. 4110. OVERFILL AND TANK LEVEL OR PRESSURE MONITORING DE-
VICES. 
(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, consist-
ent 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 con-
structed or adapted to carry, or that carry, oil in bulk as cargo or 
cargo residue on the navigable waters and the waters of the exclu-
sive economic zone. 
SEC. 4111. STUDY ON TANKER NAVIGATION SAFETY STANDARDS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment 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 use 3703 
note. 
46 use 3703 
note. 
104 STAT. 516 
PUBLIC LAW 101-380—AUG. 18, 1990 
(4) evaluate the adequacy of navigation equipment and sys-
tems 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 exclu-
sive 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, includ-
ing studies conducted by the Coast Guard and the Office of 
Technology Assessment; 
(10) evaluate the use of computer simulator courses for train-
ing 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 navi-
gable 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 quan-
tities 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 rec-
ommendations 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. 
46 USC 3703 
(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 han-
dling, 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 
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 meas-
ured. 
"(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 Exclu-
sive 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 
PUBLIC LAW 101-380—AUG. 18, 1990 
46 u s e 3703a 
note. 
46 u s e 3703a 
note. 
Reports. 
"(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 economi-
cally 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 Pollu-
tion 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 Sci-
ences or other qualified organizations, whether other structural 
and operational tank vessel requirements will provide protec-
tion 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 Na-
tional Academy of Sciences and other qualified organiza-
tions 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 in-
dustry; and 
(C) report the results of the review and assessment to the 
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 para-
graph (1)) the following: 
"SEC. 1104B. (a) Notwithstanding the provisions of this title, 
except as provided in subsection (d) of this section, the Secretary, 
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 i
f
— 
"(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 car-
goes 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 stand-
ards imposed by statute; 
"(3) the capacity of the vessels to be constructed or re-
constructed 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 im-
prudent; and 
"(5) the Secretary has considered the provisions of section 
1104A(d)(l)(A) (iii), (iv), and (v) of this title. 
"
O
t
>
) For the purposes of this section— 
"(1) the maximum term for obligations guaranteed under this 
program may not exceed 25 years; 
Reports. 
46 u s e app. 
1274a. 
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 addi-
tional 1 percent; or 
"(B) fees based on the amount of the obligation versus the 
percentage of the obligor's fleet being replaced by vessels con-
structed 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 Sec-
retary 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. 
(a) PILOT REQUIRED.—Section 8502(g) of title 46, United States 
Code, is amended to read as follows: 
Regulations. 
"(g)(1) The Secretary shall designate by regulation the areas of the 
Alaska. 
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 
PUBLIC LAW 101-380—AUG. 18, 1990 
104 STAT. 523 
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. 
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. 
Regulations. 
Alaska. 
Washington. 
46 use 3703 
note. 
46 use 3703 
note. 
46 use app. 
1295 note. 
33 use 1203 
note. 
Subtitle B—Removal 
SEC. 4201. FEDERAL REMOVAL AUTHORITY. 
(a) IN 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, ap-
pertaining to, or under the exclusive management author-
ity 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 discharg-
ing, or threatening to discharge, by whatever means are 
available. 
"(2) DISCHARGE POSING SUBSTANTIAL THREAT TO PUBUC HEALTH 
O
R 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, wild-
life, 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, with-
out regard to any other provision of law governing contracting 
procedures or employment of personnel by the Federal Govern-
ment— 
"(i) remove or arrange for the removal of the discharge, 
or mitigate or prevent the substantial threat of the dis-
charge; and 
"(ii) remove and, if necessary, destroy a vessel discharg-
ing, or threatening to discharge, by whatever means are 
available. 
"(3) 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 Contin-
gency 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, 
V 
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 Environ-
mental 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 subsec-
tion, 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 sub-
stances, 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 stor-
age 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 co-
ordination and direction for operations in carrying out the 
Plan. 
"(F) Procedures and techniques to be employed in identi-
fying, containing, dispersing, and removing oil and hazard-
ous substances. 
"(G) A schedule, prepared in cooperation with the States, 
identifying— 
104 STAT. 526 
PUBLIC LAW 101-380—AUG. 18, 1990 
Fish and fishing. 
Wildlife. 
"(i) dispersants, other chemicals, and other spill miti-
gating 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 sub-
stances may be used, and 
"(iii) the quantities of such dispersant, other chemi-
cals, 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 Pollu-
tion 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 re-
sponse 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 Serv-
ice, the National Oceanic and Atmospheric Administration, 
and other interested parties (including State fish and wild-
life conservation officials), for the immediate and effective 
protection, rescue, and rehabilitation of, and the minimiza-
tion 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 other-
wise 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 mini-
mize damage from oil and hazardous substance discharges shall, 
to the greatest extent possible, be in accordance with the Na-
tional 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 On-
Scene Coordinator designated in the National Contingency 
Plan; 
"(22) 'National Contingency Plan' means the National Contin-
gency 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 condi-
tions.". 
(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 
Uniformed 
services. 
North Carolina. 
Public 
information. 
Records. 
(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 follow-
ing: 
(1) IN GENERAL.—"; 
(5) by striking paragraph (2); and 
(6) by adding at the end the following: 
"(2) NATIONAL RESPONSE UNIT.—The Secretary of the depart-
ment 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 com-
puter list of spill removal resources, personnel, and equip-
ment 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 Coordina-
tor; 
"(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 estab-
lished 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 Sec-
retary 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) AREA COMMITTEES AND 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 re-
quired 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 wild-
life; and 
"(iii) work with State and local officials to expedite deci-
sions for the use of dispersants and other mitigating sub-
stances 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 remov-
ing a discharge, and in mitigating or preventing a substan-
tial threat of a discharge; 
"(iv) list the equipment (including firefighting equip-
ment), dispersants or other mitigating substances and de-
vices, 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 miti-
gation 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 re-
quires; 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 ap-
proved. 
^1^) TANK VESSEL AND FACILITY RESPONSE PLANS.—(A) The 
Regulations. 
President shall issue regulations which require an owner or 
104 STAT. 530 
PUBLIC LAW 101-380—AUG. 18, 1990 
President of U.S. 
operator of a tank vessel or facility described in subparagraph 
(B) to prepare and submit to the President a plan for respond-
ing, to the maximum extent practicable, to a worst case dis-
charge, and to a substantial threat of such a discharge, of oil or 
a hazardous substance. 
"(B) The tank vessels and facilities referred to in subpara-
graph (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 author-
ity to implement removal actions, and require immediate 
communications between, that individual and the appro-
priate 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 maxi-
mum 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 dis-
charge; 
"(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 substan-
tial harm to the environment by discharging into or on the 
navigable waters or adjoining shorelines or the exclusive eco-
nomic 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 re-
quired 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 para-
graph, until not later than 2 years after the date of the submis-
sion 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 Identifica-
tion 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 dis-
charges; 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 tech-
nology 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 subsec-
tion 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.— 
33 use I32i 
(1) AREA COMMITTEES AND CONTINGENCY PLANS.—(A) 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 
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 re-
quired 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. 
Establishment. 
(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 estab-
lish a National Response Unit in accordance with section 
311(j)(2) of the Federal Water Pollution Control Act, as amended 
by this Act. 
Establishment. 
(3) COAST GUARD DISTRICT RESPONSE GROUPS.—Not later 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. 
(4) T A N K VESSEL AND FACIUTY RESPONSE PLANS; TRANSITION 
Regulations. 
PROVISION; EFFECTIVE DATE OF PROHIBITION.—(A) N o t later 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 com-
plement 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 Exclu-
sive 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 TO 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 dis-
charged in violation of paragraph (3), or 
"(ii) who fails or refuses to comply with any regula-
tion 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 
Federal Register, 
publication. 
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 Sec-
retary s proposal to assess the penalty and the oppor-
tunity 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 subsec-
tion, 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 assess-
ing 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 
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 oppor-
tunity 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 Adminis-
trator 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 Adminis-
trator or Secretary, as the case may be, under this para-
graph shall not affect or limit the Administrator's or Sec-
retary's authority to enforce any provision of this Act; 
except that any violation— 
"(i) with respect to which the Administrator or Sec-
retary 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 com-
mented 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 Adminis-
trator 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 
Hazardous 
materials. 
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 assess-
ment of a civil penalty— 
"(i) after the assessment has become final, or 
"(ii) after a court in an action brought under 
subpar^raph (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 cur-
rently 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, re-
sides, or transacts business, upon application by the United 
States and after notice to such person, shall have jurisdic-
tion 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. 
'(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 dis-
charged. 
"(B) FAILURE TO REMOVE OR COMPLY.—Any person de-
scribed in subparagraph (A) who, without sufficient cause— 
"(i) fails to properly carry out removal of the dis-
charge under an order of the President pursuant to 
subsection (c); or 
"(ii) fails to comply with an order pursuant to subsec-
tion (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 
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 pen-
alty 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 Adminis-
trator, 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 
penalty for the discharge of oil or a hazardous substance, the 
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 subsec-
tion (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— 
C:k)urts, U.S. 
Hazardous 
materials. 
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 O
o
) 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 mis-
demeanor 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 Deep-
water 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 viola-
tion.". 
(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. 
President of U.S. 
. . . 
* 
, 
. 
. 
, 
33 u s e 2716a. 
(a) ADMINISTRATIVE.—Any person who, after notice and an oppor-
tunity 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 
104 STAT. 540 
PUBLIC LAW 101-380—AUG. 18, 1990 
26 use 9509 
note. 
Reports. 
Records. 
shall take into account the nature, circumstances, extent, and grav-
ity 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 Gen-
eral 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. 
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 there-
under, and 
"(C) execute any warrant or other process issued by an 
officer or court of competent jurisdiction. 
"(2) FOR FACIUTIES.— 
"(A) RECORDKEEPING.—Whenever required to carry out 
the purposes of this section, the Administrator or the Sec-
retary 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 sec-
tion 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 en-
force 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 ap-
plicable 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.— 
State and local 
"(1) ORDERS PROTECTING PUBUC HEALTH.—In 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 prop-
erty, 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 
PUBLIC LAW 101-380—AUG. 18, 1990 
nSch a
n
d 
TITLE V—PRINCE WILLIAM SOUND 
development. 
P R O V I S I O N S 
33 u s e 2731. 
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, equip-
ment, 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 long-
range 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) IN GENERAL.—The policies of the Institute shall be deter-
mined by an advisory board, composed of 18 members appointed 
as follows: 
(A) One representative appointed by each of the Commis-
sioners of Fish and Game, Environmental Conservation, 
Natural Resources, and Commerce and Economic Develop-
ment 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, Agri-
culture, Transportation, and the Navy; and 
(ii) the Administrator of the Environmental Protec-
tion Agency; 
all of whom shall be Federal employees. 
(C) 4 representatives appointed by the Secretary of Com-
merce 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 edu-
cation. 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 af-
fected 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 Com-
merce 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 sup-
ported by the Institute in accordance with the purposes of this 
section. 
(d) SCIENTIFIC AND TECHNICAL COMMITTEE.— 
Establishment. 
(1) IN GENERAL.—The Advisory Board shall establish a sci-
entific and technical committee, composed of specialists in mat-
ters 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 accord-
ance 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 ex-
penses 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 LAW 101-380—AUG. 18, 1990 
Public 
information. 
Oil Terminal 
and Oil Tanker 
Environmental 
Oversight and 
Monitoring Act 
of 1990. 
33 u s e 2732. 
(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 Adminis-
tration. 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 Adminis-
trator shall provide a copy of all research, educational, and dem-
onstration projects conducted by the Institute to the National Oce-
anic 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 devel-
oped 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 be-
cause 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 Dem-
onstration 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 facili-
ties in Prince William Sound and the crude oil tankers operat-
ing in Prince William Sound. The Cook Inlet Program shall be 
responsible for environmental monitoring of the terminal facili-
ties 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, commit-
tee or other organization created by this section may sue any 
person or entity, public or private, concerning any matter aris-
ing under this section except for the performance of contracts. 
(c) 
OIL TERMINAL 
FACILITIES AND OIL TANKER 
OPERATIONS 
ASSOCIATION.— 
(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 mainte-
nance 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 environ-
ment 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 Associa-
tion 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 consid-
eration the need for regional balance on the Council: 
(i) Local commercial fishing industry organizations, 
the members of which depend on the fisheries re-
sources 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 rep-
resent the locally based tourist industry. 
(viiXD For the Prince William Sound Terminal Facili-
ties 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 rep-
resentative 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 Adminis-
tration. 
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 Con-
servation. 
(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 trans-
ported 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 chair-
person, 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 Coun-
cil 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 Associa-
tion on policies, permits, and site-specific regulations relat-
ing 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 ade-
quacy 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 Associa-
tion on port operations, policies and practices; 
(F) recommend to the Association— 
(i) standards and stipulations for permits and site-
specific regulations intended to minimize the impact of 
the terminal facilities' and crude oil tankers oper-
ations in the vicinity of the terminal facilities; 
(ii) modifications of terminal facility operations and 
maintenance intended to minimize the risk and miti-
gate 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 nec-
essary to carry out the above functions, including a sci-
entific and technical advisory committee to the Prince Wil-
liam 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 sci-
entific work undertaken by or on behalf of the terminal opera-
tors or crude oil tanker operators as a result of a legal require-
ment 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 duplica-
tion, 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 Environ-
mental Monitoring Committee (hereinafter in this section re-
ferred 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 termi-
nal facility operations and crude oil tanker operations 
while in Prince William Sound and Cook Inlet; 
(B) develop monitoring programs and make recommenda-
tions to the Council on the implementation of those pro-
grams; 
(C) at its discretion, select and contract with universities 
and other scientific institutions to carry out specific mon-
itoring 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 EMER-
GENCY 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 prepared-
ness 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 environ-
mental 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, contain-
ment, response, and cleanup technology; 
(F) periodically review port organization, operations, in-
cidents, 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 termi-
nal 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 180-
day 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 appro-
priate Association and Council to review the permit, site-specific 
regulation, or other matters and make appropriate recommenda-
tions regarding operations, policy or agency actions. Prior consulta-
tion shall not be required if an authorized Federal agency represent-
ative 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 pro-
vide 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 re-
quired 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 Associa-
tion 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 Con-
gress 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 build-
ings, 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 asso-
ciated 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 tank-
ers 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 geographi-
cal 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 
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 sec-
tion 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 require-
ment. 
(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. 
Contracts. 
(o) ALTERNATIVE VOLUNTARY ADVISORY GROUP IN LlEU OF COUN-
CIL.—The requirements of subsections (c) through (1), as such subsec-
tions 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 Wil-
liam 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 organiza-
tion, 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 
33 USC 2735. 
VESSEL AND FACILITY RESPONSE PLANS. 
(a) IN 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 per-
mitted 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 geo-
graphic 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; 
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 encompass-
ing 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 dis-
charge in adverse weather conditions. 
33 u s e 2736. 
SEC. 5006. FUNDING. 
(a) SECTION 5001.—Amounts in the Fund shall be available, sub-
ject 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 begin-
ning 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 appropria-
tion 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 avail-
able 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 excep-
tional environmental fragility and beauty; 
(2) the annual economic benefits of commercial and rec-
reational 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 accom-
panjdng warm filaments, warm and cold core rings which sepa-
rate from the Gulf Stream, wind stress, outflow from the Chesa- 
-
peake 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 Caro-
lina, but little is understood of the complex ecological relation-
ships between the life histories of those species and their phys-
ical, 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 Depart-
ment 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 off-
shore North Carolina; and 
(8) the National Research Council report entitled "The Ade-
quacy 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 inad-
equate; 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 Caro-
lina. 
(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 Vir-
ginia establishing their lateral seaward boundary" ap-
proved 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.— 
(A) IN GENERAL.—The prohibition under pargigraph (1) 
shall remain in effect until the later of—: 
(i) October 1,1991; or 
Reports. 
(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 Environ-
mental Sciences Review Panel under subsection (e)— 
(I) certifjdng that the information available, 
including information acquired pursuant to subsec-
tion (d), is sufficient to enable the Secretary to 
carry out his responsibilities under the Outer Con-
tinental Shelf Lands Act with respect to authoriz-
ing the activities described in paragraph (1); and 
PUBLIC LAW 101-380—AUG. 18, 1990 
104 STAT. 557 
(II) including a detailed explanation of any dif-
ferences between such certification and the find-
ings 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 adjourn-
ment 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 Sec-
retary 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 Sci-
ences 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 estab-
lished 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 oceanog-
raphy, 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 Na-
tional 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 informa-
tion in enabling the Secretary to carry out his respon-
sibilities 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 avail-
able until expended. 
SEC. 6004. COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBON-
BEARING 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-BEAR-
ING 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 un-
necessary 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 under-
lying the Federal and State boundary.". 
Louisiana. 
O
t
)
) EXCEPTION F
O
R WEST DELTA FIELD.—Section 5(j) of the Outer 
ILY^^ ^^^^ 
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 au-
thorized 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 deter-
mined 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 Louisi-
ana leases SL10087, SL10088 or SL10187, or ownership interests in 
the production or proceeds therefrom, as established by assignment. 
note. 
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. 
33 USC 2761. 
(a) INTERAGENCY COORDINATING COMMITTEE ON OIL POLLUTION 
RESEARCH.— 
(1) ESTABLISHMENT.—There is established an Interagency Co-
ordinating 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 mecha-
nisms, 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 Depart-
ment 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 Na-
tional Aeronautics and Space Administration, and the United 
States Fire Administration in the Federal Emergency Manage-
ment 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 ef-
fects of oil pollution on the environment; 
(C) identify significant oil pollution research gaps includ-
ing 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 
104 STAT. 560 
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. 
Contracts. 
(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 
Reports. 
(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 pro-
vide the Interagency Committee with advice and guidance on 
issues relating to quality assurance and standards measure-
ments relating to its activities under this section, 
(c) OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.— 
(1) ESTABLISHMENT.—The Interagency Committee shall coordi-
nate the establishment, by the agencies represented on the 
Interagency Committee, of a program for conducting oil pollu-
tion 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 tech-
nologies 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 im-
proved technologies to measure the ullage of a vessel tank, 
prevent discharges from tank vents, prevent discharges 
during lightering and bunkering operations, contain dis-
charges on the deck of a vessel, prevent discharges through 
the use of vacuums in tanks, and otherwise contain dis-
charges 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; 
Texas. 
(D) research and training, in consultation with the Na-
tional Response Team, to improve industry's and Govern-
ment'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 decision-
making, 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 expo-
sure 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 con-
fined 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 preven-
tion 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 prepara-
tion of scientific monitoring and evaluation plans, one for 
each of several types of ecological conditions, to be imple-
mented in the event of major oil discharges in such areas. 
(iv) The collection of environmental baseline data in eco-
logically 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 scientif-
ically evaluate the long-term environmental effects of oil dis-
charges i
f
— 
(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 
PUBLIC LAW 101-380—AUG. 18, 1990 
State listing. 
New Jersey. 
Grants. 
Schools and 
colleges. 
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 dis-
charged 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 re-
sources 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 Depart-
ment of Transportation as the Secretary of Transportation may 
designate, shall conduct 3 port oil pollution minimization dem-
onstration 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 tech-
nologies developed from the research, development, and dem-
onstration 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 deci-
sions, and such other activities necessary to achieve the pur-
poses of this section. 
(7) 
SIMULATED 
ENVIRONMENTAL TESTING.—Agencies rep-
resented on the Interagency Committee shall ensure the long-
term 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 re-
search 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 publica-
tion by the agencies represented on the Interagency Committee 
of a solicitation for grants under this subsection. The applica-
tion 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 rep-
resented 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 consider-
ations 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 Commit-
tee. 
(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 para-
graph (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 author-
ity 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 rep-
resented on the Interagency Committee may enter into con-
tracts and cooperative agreements and make grants to univer-
sities, 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 Depart-
ment of Transportation shall continue to utilize the resources of 
the Research and Special Programs Administration of the 
Department of Transportation, to the maximum extent prac-
ticable. 
(d) INTERNATIONAL COOPERATION.—In accordance with the re-
search plan submitted under subsection (b), the Interagency 
Committee shall coordinate and cooperate with other nations and 
foreign research entities in conducting oil pollution research, devel-
opment, 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 preced-
ing 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 
TITLE VIII—TRANS-ALASKA PIPELINE 
Reform Act of 
1990. 
SYSTEM 
43 use 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 sen-
tence— 
(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.— 
43 use 1653 
(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 require-
ments 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 estab-
lished under section 9509 of the Internal Revenue Code 
of 1986 (26 U.S.C. 9509). 
(C) DISPOSITION OF THE RESERVED AMOUNTS.—After pay-
ment of all claims arising from an incident for which funds 
104 STAT. 566 
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. 
43 use 1653 
(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 Trans-
Alaska 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 sen-
tence 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.". 
43 use 1653 
(5) EFFECTIVE DATE.—(A) The repeal by paragraph (1) shall be 
^°^- 
effective 60 days after the date on which the Comptroller Gen-
eral of the United States certifies to the Congress 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. 
(B) Upon the effective date of the repeal pursuant to subpara-
graph (A), the trustees of the TAPS Fund shall be relieved of all 
responsibilities under section 204(c) of the Trans-Alaska Pipe-
line Authorization Act, but not any existing legal liability. 
43 use 1653 
(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"). 
O
b
) 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 para-
graphs: 
"(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, per-
sonal 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 Trans-
Alaska 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 Trans-
Alaska 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. 
43 USC 1651 
(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 
104 STAT. 568 
PUBLIC LAW 101-380—AUG. 18, 1990 
the Environmental Protection Agency, and one by the Sec-
retary 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 Environ-
mental 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 mini-
mum 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 com-
pensation 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 Presi-
dent, 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 re-
lease 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 
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 oppor-
tunity for public comment on its activities including at a mini-
mum 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 investiga-
tions 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 
confidential receipt of information concerning TAPS, which 
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 rec-
ommended 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. 
Contracts. 
Classified 
information. 
104 STAT. 570 
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 subsec-
tion (b)(5). 
Safety. 
(3) FUNCTIONS LIMITATION.—With respect to Safety, oper-
ations, 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 Pipe-
line 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 re-
ports, issue subpoenas, require the production of relevant docu-
ments 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 "Free-
dom of Information Act"), until its final report is issued pursu-
ant to subsection (b)(6). 
Subtitle B—Penalties 
SEC. 8201. AUTHORITY OF THE SECRETARY OF THE INTERIOR TO IMPOSE 
PENALTIES ON OUTER CONTINENTAL SHELF FACILITIES. 
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 
Regulations. 
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 con-
stituted 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: 
"CIVIL 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 permit-
ting 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 subdivi-
sions 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 
Claims. 
43 use 1642. 
Canada. 
SEC. 8301. LAND CONVEYANCES. 
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 corpora-
tion only upon its irrevocable election to accept an interim convey-
ance 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: 
"WILDLIFE RESOURCES PORTION OF STUDY A N D IMPACT OF POTENTIAL 
OIL SPILLS IN THE ARCTIC OCEAN"; 
(2) by inserting "(a)" after "SEC 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 Eco-
nomic 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 Con-
tinental 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 indige-
nous people of Alaska's North Slope and on the Arctic environ-
ment; 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 Reports, 
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 consulta- Canada. 
tion with the Secretary of the Interior, the Secretary of Transpor- 
international 
tation, and the Governor of Aleiska, to begin negotiations with the agreements. 
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 Reports. 
Secretary's efforts pursuant to this section no later than June 1, 
1991.". 
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 Authoriza-
tion 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 Liabil-
ity 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 substan-
tial threat of oil pollution, 
"(C) for the payment of liabilities incurred by the revolv-
ing 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 Deep-
water Port Liability Fund, and 
"(F) for the payment of liabilities incurred by the Off-
shore Oil Pollution Compensation Fund." 
(c) 
INCREASE 
IN 
EXPENDITURES 
PERMITTED 
PER INCIDENT.— 
26 use 9509. 
Subparagraph (A) of section 9509(c)(2) of such Code is amended— 
(1) by striking "$500,000,000" each place it appears and insert-
ing "$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 sec-
tion 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 "Decem-
ber 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 Compensa-
tion 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