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SEC. 8001. SHORT TITLE.
This title may be cited as the "Trans-Alaska Pipeline System
Reform Act of 1990".
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
sentence,
(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Act (43 U.S.C. 1653(c)) is repealed, effective as provided in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.,
(A) RESERVATION OF AMOUNTS.,The trustees of the Trans-Alaska
Pipeline Liability Fund (hereafter in this subsection referred
to as the "TAPS Fund") shall reserve the following amounts
in the TAPS Fund,
(i) necessary to pay claims arising under section 204(c) of
the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c));
and
(ii) administrative expenses reasonably necessary for and incidental
to the implementation of section 204(c) of that Act.
(B) DISPOSITION OF THE BALANCE.,After the Comptroller General
of the United States certifies that the requirements of subparagraph
(A) have been met, the trustees of the TAPS Fund shall dispose
of the balance in the TAPS Fund after the reservation of amounts
are made under subparagraph (A) by,
(i) rebating the pro rata share of the balance to the State
of Alaska for its contributions as an owner of oil; and then
(ii) transferring and depositing the remainder of the balance
into the Oil Spill Liability Trust Fund established under section
9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509).
(C) DISPOSITION OF THE RESERVED AMOUNTS.,After payment of all
claims arising from an incident for which funds are reserved under
subparagraph (A) and certification by the Comptroller General
of the United States that the claims arising from that incident
have been paid, the excess amounts, if any, for that incident
shall be disposed of as set forth under subparagraphs (A) and
(B).
(D) AUTHORIZATION.,The amounts transferred and deposited in the
Fund shall be available for the purposes of section 1012 of the
Oil Pollution Act of 1990 after funding sections 5001 and 8103
to the extent that funds have not otherwise been provided for
the purposes of such sections.
(3) SAVINGS CLAUSE.,The repeal made by paragraph (1) shall have
no effect on any right to recover or responsibility that arises
from discharges subject to section 204(c) of the Trans-Alaska
Pipeline Authorization Act (43 U.S.C. 1653(c)) for incidents which
occur 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 sentence 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.".
(5) EFFECTIVE DATE.,(A) The repeal by paragraph (1) shall be effective
60 days after the date on which the Comptroller General 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 subparagraph
(A), the trustees of the TAPS Fund shall be relieved of all responsibilities
under section 204(c) of the Trans-Alaska Pipeline Authorization
Act, but not any existing legal liability.
(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").
(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 paragraphs:
"(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 State due to injury, destruction, or loss of real property,
personal 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 against an owner or operator or an
affiliate thereof to recover amounts under this paragraph, the
Fund shall be entitled to recover pre-judgment 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 reason 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.
(a) ESTABLISHMENT OF TASK FORCE.,
(1) ESTABLISHMENT AND MEMBERS.,(A) There is hereby established
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 the Environmental
Protection Agency, and one by the Secretary 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 Environmental 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 minimum 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 compensation 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 employment, be consi dered 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 (hereinafter referred to as "TAPS")
including the terminal at Valdez, Alaska, and other related onshore
facilities, make recommendations to the President, 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 release 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
(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) PUBLIC COMMENT.,The Task Force shall provide an opportunity
for public comment on its activities including at a minimum 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 investigations 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 measures have been taken
or will be taken to implement the Task Force's recommendations.
The President's report shall include recommended 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.
(2) TERMINATION.,The Task Force shall cea se to exist on the
date on which the final report is provided pursuant to subsection
(b)(5).
(3) FUNCTIONS LIMITATION.,With respect to safety, operations,
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 Pipeline 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 reports,
issue subpoenas, require the production of relevant documents
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 "Freedom
of Information Act"), until its final report is issued pursuant
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
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 constituted 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.".
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), 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
permitting 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 subdivisions 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 r ules 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.
"(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