-CITE-

43 USC CHAPTER 34 - TRANS-ALASKA PIPELINE 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-

CHAPTER 34 - TRANS-ALASKA PIPELINE

-MISC1-

Sec.

1651. Congressional findings and declaration.

1652. Authorizations for construction.

(a) Congressional declaration of purpose.

(b) Issuance, administration, and enforcement of

rights-of-way, permits, leases, and other

authorizations.

(c) Applicability of statutes governing

rights-of-way for pipelines through Federal

lands; other statutory terms and conditions;

waiver of procedural requirements; supersedure

of administrative authorizations for

construction.

(d) National Environmental Policy Act of 1969

bypassed; issuance of authorizations for

construction and operation not to be subject

to judicial review; time limits on charges of

invalidity or unconstitutionality;

jurisdiction; hearings; review.

(e) Amendment or modification of rights-of-way,

permits, leases, or other authorizations.

1653. Liability for damages.

(a) Activities along or in vicinity of pipeline

right-of-way; strict liability; limitation on

liability; subrogation; emergency subsistence

and other aid; exemption for State of Alaska.

(b) Control and removal of pollutants at expense of

right-of-way holder.

1654. Antitrust laws.

1655. Roads and airports.

1656. Civil penalties.

(a) Penalty.

(b) Persons liable.

(c) Amount.

(d) Procedures.

(e) State law.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 33 sections 2702, 2707,

2735; title 49 section 60130.

-End-

-CITE-

43 USC Sec. 1651 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-

Sec. 1651. Congressional findings and declaration

-STATUTE-

The Congress finds and declares that:

(a) The early development and delivery of oil and gas from

Alaska's North Slope to domestic markets is in the national

interest because of growing domestic shortages and increasing

dependence upon insecure foreign sources.

(b) The Department of the Interior and other Federal agencies,

have, over a long period of time, conducted extensive studies of

the technical aspects and of the environmental, social, and

economic impacts of the proposed trans-Alaska oil pipeline,

including consideration of a trans-Canada pipeline.

(c) The earliest possible construction of a trans-Alaska oil

pipeline from the North Slope of Alaska to Port Valdez in that

State will make the extensive proven and potential reserves of

low-sulfur oil available for domestic use and will best serve the

national interest.

(d) A supplemental pipeline to connect the North Slope with a

trans-Canada pipeline may be needed later and it should be studied

now, but it should not be regarded as an alternative for a

trans-Alaska pipeline that does not traverse a foreign country.

-SOURCE-

(Pub. L. 93-153, title II, Sec. 202, Nov. 16, 1973, 87 Stat. 584.)

-MISC1-

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-380, title VIII, Sec. 8001, Aug. 18, 1990, 104 Stat.

564, provided that: "This title [enacting sections 1642 and 1656 of

this title, amending sections 1350 and 1653 of this title and

section 3145 of Title 16, Conservation, and enacting provisions set

out as notes under this section and section 1653 of this title] may

be cited as the 'Trans-Alaska Pipeline System Reform Act of 1990'."

SHORT TITLE

Section 201 of title II of Pub. L. 93-153 provided that: "This

title [enacting this chapter] may be cited as the 'Trans-Alaska

Pipeline Authorization Act'."

SEPARABILITY

Section 411 of Pub. L. 93-153 provided that: "If any provision of

this Act [enacting this chapter, section 1456a of this title, and

section 3512 of Title 44, Public Printing and Documents, amending

section 1608 of this title, sections 45, 46, 53, and 56 of Title

15, Commerce and Trade, section 185 of Title 30, Mineral Lands and

Mining, section 3502 of Title 44, and section 391a of former Title

46, Shipping, and enacting provisions set out as notes under

sections 1608 and 1651 of this title, section 1904 of Title 12,

Banks and Banking, section 45 of Title 15, section 791a of Title

16, Conservation, and section 1221 of Title 33, Navigation and

Navigable Waters] or the applicability thereof is held invalid the

remainder of this Act shall not be affected thereby."

PRESIDENTIAL TASK FORCE

Pub. L. 101-380, title VIII, Sec. 8103, Aug. 18, 1990, 104 Stat.

567, established a Presidential Task Force on the Trans-Alaska

Pipeline System, to conduct an audit of the Trans-Alaska Pipeline

System and make recommendations to the President, Congress, and the

Governor of Alaska, authorized appropriations for the Task Force,

and required it to transmit its final report to the President,

Congress, and the Governor no later than 2 years after the date on

which funding was made available.

NORTH SLOPE CRUDE OIL; REPORT ON EQUITABLE ALLOCATION

Pub. L. 94-586, Sec. 18, Oct. 22, 1976, 90 Stat. 2916, directed

that the President, within 6 months of Oct. 22, 1976, determine

special expediting procedures necessary to insure the equitable

allocation of North Slope crude oil to the Northern Tier States of

Washington, Oregon, Idaho, Montana, Illinois, Indiana, and Idaho to

carry out the provisions of section 410 of Pub. L. 93-153 [set out

below], and to report his findings to Congress, such report to

include a statement demonstrating the impact that the delivery

system would have on reducing the dependency of New England and the

Middle Atlantic States on foreign oil imports.

TRANS-CANADA PIPELINE; NEGOTIATIONS WITH CANADA; FEASIBILITY STUDY

Title III (Secs. 301-303) of Pub. L. 93-153 authorized the

President to enter into negotiations with the Government of Canada

to determine Canadian willingness to permit construction of

pipelines or other transportation systems across its territory to

bring gas and oil from Alaska's North Slope to the United States;

the need for intergovernmental agreements to protect interests of

any parties involved with construction, operation, and maintenance

of such natural gas or oil transportation systems; terms and

conditions for construction across Canadian territory; desirability

of joint studies to insure environmental protection, reduce

regulatory uncertainty, and insure meeting energy requirements;

quantity of oil and gas for which Canada would guarantee transit;

and acquisition of other energy sources so as to make unnecessary

the shipment of oil from the Alaska pipeline by tanker into the

Puget Sound area. The President was to report to Congress on

actions taken and recommendations for further action. In addition,

the Secretary of the Interior was to investigate, and to report to

Congress within 2 years of Nov. 16, 1973, as to the feasibility of

oil or gas pipelines from the North Slope of Alaska to connect with

a pipeline through Canada that would deliver oil or gas to United

States markets. Nothing in title III was to limit the authority of

the Secretary or any other Federal official to grant a gas or oil

pipeline right-of-way or permit, which that official was otherwise

authorized by law to grant.

EXCLUSION OF PERSONS FROM TRANS-ALASKA PIPELINE ACTIVITIES ON BASIS

OF RACE, CREED, COLOR, NATIONAL ORIGIN, OR SEX PROHIBITED

Section 403 of Pub. L. 93-153 provided that: "The Secretary of

the Interior shall take such affirmative action as he deems

necessary to assure that no person shall, on the grounds of race,

creed, color, national origin, or sex, be excluded from receiving,

or participating in any activity conducted under, any permit,

right-of-way, public land order, or other Federal authorization

granted or issued under title II [this chapter]. The Secretary of

the Interior shall promulgate such rules as he deems necessary to

carry out the purposes of this subsection and may enforce this

subsection, and any rules promulgated under this subsection,

through agency and department provisions and rules which shall be

similar to those established and in effect under title VI of the

Civil Rights Act of 1964 [section 2000d et seq. of Title 42, The

Public Health and Welfare]."

EQUITABLE ALLOCATION OF NORTH SLOPE CRUDE OIL

Section 410 of Pub. L. 93-153 provided that: "The Congress

declares that the crude oil on the North Slope of Alaska is an

important part of the Nation's oil resources, and that the benefits

of such crude oil should be equitably shared, directly or

indirectly, by all regions of the country. The President shall use

any authority he may have to insure an equitable allocation of

available North Slope and other crude oil resources and petroleum

products among all regions and all of the several States."

-End-

-CITE-

43 USC Sec. 1652 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-

Sec. 1652. Authorizations for construction

-STATUTE-

(a) Congressional declaration of purpose

The purpose of this chapter is to insure that, because of the

extensive governmental studies already made of this project and the

national interest in early delivery of North Slope oil to domestic

markets, the trans-Alaska oil pipeline be constructed promptly

without further administrative or judicial delay or impediment. To

accomplish this purpose it is the intent of the Congress to

exercise its constitutional powers to the fullest extent in the

authorizations and directions herein made and in limiting judicial

review of the actions taken pursuant thereto.

(b) Issuance, administration, and enforcement of rights-of-way,

permits, leases, and other authorizations

The Congress hereby authorizes and directs the Secretary of the

Interior and other appropriate Federal officers and agencies to

issue and take all necessary action to administer and enforce

rights-of-way, permits, leases, and other authorizations that are

necessary for or related to the construction, operation, and

maintenance of the trans-Alaska oil pipeline system, including

roads and airstrips, as that system is generally described in the

Final Environmental Impact Statement issued by the Department of

the Interior on March 20, 1972. The route of the pipeline may be

modified by the Secretary to provide during construction greater

environmental protection.

(c) Applicability of statutes governing rights-of-way for pipelines

through Federal lands; other statutory terms and conditions;

waiver of procedural requirements; supersedure of administrative

authorizations for construction

Rights-of-way, permits, leases, and other authorizations issued

pursuant to this chapter by the Secretary shall be subject to the

provisions of section 185 of title 30, as amended by Pub. L. 93-153

(except the provisions of subsections (h)(1), (k), (q), (w)(2), and

(x)); all authorizations issued by the Secretary and other Federal

officers and agencies pursuant to this chapter shall include the

terms and conditions required, and may include the terms and

conditions permitted, by the provisions of law that would otherwise

be applicable if this chapter had not been enacted, and they may

waive any procedural requirements of law or regulation which they

deem desirable to waive in order to accomplish the purposes of this

chapter. The direction contained in subsection (b) of this section

shall supersede the provisions of any law or regulation relating to

an administrative determination as to whether the authorizations

for construction of the trans-Alaska oil pipeline shall be issued.

(d) National Environmental Policy Act of 1969 bypassed; issuance of

authorizations for construction and operation not to be subject

to judicial review; time limits on charges of invalidity or

unconstitutionality; jurisdiction; hearings; review

The actions taken pursuant to this chapter which relate to the

construction and completion of the pipeline system, and to the

applications filed in connection therewith necessary to the

pipeline's operation at full capacity, as described in the Final

Environmental Impact Statement of the Department of the Interior,

shall be taken without further action under the National

Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]; and the

actions of the Federal officers concerning the issuance of the

necessary rights-of-way, permits, leases, and other authorizations

for construction and initial operation at full capacity of said

pipeline system shall not be subject to judicial review under any

law except that claims alleging the invalidity of this section may

be brought within sixty days following November 16, 1973, and

claims alleging that an action will deny rights under the

Constitution of the United States, or that the action is beyond the

scope of authority conferred by this chapter, may be brought within

sixty days following the date of such action. A claim shall be

barred unless a complaint is filed within the time specified. Any

such complaint shall be filed in a United States district court,

and such court shall have exclusive jurisdiction to determine such

proceeding in accordance with the procedures hereinafter provided,

and no other court of the United States, of any State, territory,

or possession of the United States, or of the District of Columbia,

shall have jurisdiction of any such claim whether in a proceeding

instituted prior to or on or after November 16, 1973. Such court

shall not have jurisdiction to grant any injunctive relief against

the issuance of any right-of-way, permit, lease, or other

authorization pursuant to this section except in conjunction with a

final judgment entered in a case involving a claim filed pursuant

to this section. An interlocutory or final judgment, decree, or

order of such district court may be reviewed only upon petition for

a writ of certiorari to the Supreme Court of the United States.

(e) Amendment or modification of rights-of-way, permits, leases, or

other authorizations

The Secretary of the Interior and the other Federal officers and

agencies are authorized at any time when necessary to protect the

public interest, pursuant to the authority of this section and in

accordance with its provisions, to amend or modify any

right-of-way, permit, lease, or other authorization issued under

this chapter.

-SOURCE-

(Pub. L. 93-153, title II, Sec. 203, Nov. 16, 1973, 87 Stat. 584;

Pub. L. 98-620, title IV, Sec. 402(46), Nov. 8, 1984, 98 Stat.

3360; Pub. L. 100-352, Sec. 6(c), June 27, 1988, 102 Stat. 663.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (section 4321

et seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-352 amended last sentence

generally. Prior to amendment, last sentence read as follows: "Any

review of an interlocutory or final judgment, decree, or order of

such district court may be had only upon direct appeal to the

Supreme Court of the United States."

1984 - Subsec. (d). Pub. L. 98-620 struck out provision that any

such proceeding had to be assigned for hearing at the earliest

possible date, had to take precedence over all other matters

pending on the docket of the district court at that time, and had

to be expedited in every way by such court.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-352 effective ninety days after June 27,

1988, except that such amendment not to apply to cases pending in

Supreme Court on such effective date or affect right to review or

manner of reviewing judgment or decree of court which was entered

before such effective date, see section 7 of Pub. L. 100-352, set

out as a note under section 1254 of Title 28, Judiciary and

Judicial Procedure.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1655 of this title; title

30 section 185; title 50 App. section 2406.

-End-

-CITE-

43 USC Sec. 1653 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-

Sec. 1653. Liability for damages

-STATUTE-

(a) Activities along or in vicinity of pipeline right-of-way;

strict liability; limitation on liability; subrogation; emergency

subsistence and other aid; exemption for State of Alaska

(1) Except when the holder of the pipeline right-of-way granted

pursuant to this chapter can prove that damages in connection with

or resulting from activities along or in the vicinity of the

proposed trans-Alaskan pipeline right-of-way were caused solely by

an act of war or negligence of the United States, other government

entity, or the damaged party, such holder shall be strictly liable

to all damaged parties, public or private, without regard to fault

for such damages, and without regard to ownership of any affected

lands, structures, fish, wildlife, or biotic or other natural

resources relied upon by Alaska Natives, Native organizations, or

others for subsistence or economic purposes. Claims for such injury

or damages may be determined by arbitration or judicial

proceedings.

(2) Liability under paragraph (1) of this subsection shall be

limited to $350,000,000 for any one incident, and the holders of

the right-of-way or permit shall be liable for any claim allowed in

proportion to their ownership interest in the right-of-way or

permit. Liability of such holders for damages in excess of

$350,000,000 shall be in accord with ordinary rules of negligence.

(3) In any case where liability without fault is imposed pursuant

to this subsection and the damages involved were caused by the

negligence of a third party, the rules of subrogation shall apply

in accordance with the law of the jurisdiction where the damage

occurred.

(4) Upon order of the Secretary, the holder of a right-of-way or

permit shall provide emergency subsistence and other aid to an

affected Alaska Native, Native organization, or other person

pending expeditious filing of, and determination of, a claim under

this subsection.

(5) Where the State of Alaska is the holder of a right-of-way or

permit under this chapter, the State shall not be subject to the

provisions of this subsection, but the holder of the permit or

right-of-way for the trans-Alaska pipeline shall be subject to this

subsection with respect to facilities constructed or activities

conducted under rights-of-way or permits issued to the State to the

extent that such holder engages in the construction, operation,

maintenance, and termination of facilities, or in other activities

under rights-of-way or permits issued to the State.

(b) Control and removal of pollutants at expense of right-of-way

holder

If any area in the State of Alaska within or without the

right-of-way or permit area granted under this chapter is polluted

by any activities related to the Trans-Alaska Pipeline System,

including operation of the terminal, conducted by or on behalf of

the holder to whom such right-of-way or permit was granted, and

such pollution damages or threatens to damage aquatic life,

wildlife, or public or private property, the control and total

removal of the pollutant shall be at the expense of such holder,

including any administrative and other costs incurred by the

Secretary or any other Federal or State officer or agency. Upon

failure of such holder to adequately control and remove such

pollutant, the Secretary, in cooperation with other Federal, State,

or local agencies, or in cooperation with such holder, or both,

shall have the right to accomplish the control and removal at the

expense of such holder.

-SOURCE-

(Pub. L. 93-153, title II, Sec. 204, Nov. 16, 1973, 87 Stat. 586;

Pub. L. 101-380, title VIII, Secs. 8101, 8102(a)(1), (4), (b)-(e),

Aug. 18, 1990, 104 Stat. 565-567.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-380, Sec. 8101(a), substituted

"caused solely by" for "caused by".

Subsec. (a)(2). Pub. L. 101-380, Sec. 8101(b), substituted

"$350,000,000" for "$50,000,000" in two places.

Subsec. (b). Pub. L. 101-380, Sec. 8101(c), inserted "in the

State of Alaska" after "any area", "related to the Trans-Alaska

Pipeline System, including operation of the terminal," after "any

activities", and "or State" after "any other Federal".

Subsec. (c). Pub. L. 101-380, Sec. 8102(a)(1), struck out subsec.

(c) which related to liability for discharges of oil loaded at

terminal facilities and to establishment of Trans-Alaska Pipeline

Liability Fund.

Subsec. (c)(2). Pub. L. 101-380, Sec. 8102(b), substituted

"caused solely by" for "caused by".

Subsec. (c)(3). Pub. L. 101-380, Sec. 8102(d), inserted at end

"The Fund shall expeditiously pay claims under this subsection,

including such $14,000,000, if the owner or operator of a vessel

has not paid any such claim within 90 days after such claim has

been submitted to such owner or operator. Upon payment of any such

claim, the Fund shall be subrogated under applicable State and

Federal laws to all rights of any person entitled to recover under

this subsection. In any action brought by the Fund against an owner

or operator or an affiliate thereof to recover amounts under this

paragraph, the Fund shall be entitled to recover prejudgment

interest, costs, reasonable attorney's fees, and, in the discretion

of the court, penalties."

Subsec. (c)(4). Pub. L. 101-380, Sec. 8102(e), designated

existing provisions as par. (A) and added pars. (B) and (C).

Subsec. (c)(5). Pub. L. 101-380, Sec. 8102(a)(4), inserted before

period at end of second sentence ", except that after August 18,

1990, the amount to be accumulated shall be $100,000,000 or the

amount determined by the trustees and certified to the Congress by

the Comptroller General as necessary to pay claims arising from

incidents occurring prior to August 18, 1990, and administrative

costs, whichever is less".

Subsec. (c)(13), (14). Pub. L. 101-380, Sec. 8102(c), added pars.

(13) and (14).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of Title 33,

Navigation and Navigable Waters.

Section 8102(a)(5)(A) of Pub. L. 101-380 provided that: "The

repeal by paragraph (1) [repealing subsec. (c) of this section]

shall be effective 60 days after the date on which the Comptroller

General of the United States certifies to the Congress [certified

July 5, 2000] that -

"(i) all claims arising under section 204(c) of the

Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) have

been resolved,

"(ii) all actions for the recovery of amounts subject to

section 204(c) of the Trans-Alaska Pipeline Authorization Act

have been resolved, and

"(iii) all administrative expenses reasonably necessary for and

incidental to the implementation of section 204(c) of the

Trans-Alaska Pipeline Authorization Act have been paid."

SAVINGS PROVISION

Section 8102(a)(3) of Pub. L. 101-380 provided that: "The repeal

made by paragraph (1) [repealing subsec. (c) of this section] shall

have no effect on any right to recover or responsibility that

arises from incidents subject to section 204(c) of the Trans-Alaska

Pipeline Authorization Act (43 U.S.C. 1653(c)) occurring prior to

the date of enactment of this Act [Aug. 18, 1990]."

BULK FUEL STORAGE TANKS

Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 329(a),

(b)], Oct. 21, 1998, 112 Stat. 2681-439, 2681-470, provided that:

"(a) Transfer of Funds. - Notwithstanding any other provision of

law, the remainder of the balance in the Trans-Alaska Pipeline

Liability Fund that is transferred and deposited into the Oil Spill

Liability Trust Fund under section 8102(a)(2)(B)(ii) of the Oil

Pollution Act of 1990 (43 U.S.C. 1653 note) after June 16, 1998

shall be used in accordance with this section.

"(b) Use of Interest Only. - The interest produced from the

investment of the Trans-Alaska Pipeline Liability Fund balance that

is transferred and deposited into the Oil Spill Liability Trust

Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution Act of

1990 [Pub. L. 101-380] (43 U.S.C. 1653 note) after June 16, 1998

shall be transferred annually by the National Pollution Funds

Center to the Denali Commission for a program, to be developed in

consultation with the Coast Guard, to repair or replace bulk fuel

storage tanks in Alaska which are not in compliance with federal

law, including the Oil Pollution Act of 1990 [33 U.S.C. 2701 et

seq.], or State law."

[For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.]

DISPOSITION OF FUND BALANCE

Section 8102(a)(2) of Pub. L. 101-380, as amended by Pub. L.

105-277, div. A, Sec. 101(g) [title III, Sec. 329(c)], Oct. 21,

1998, 112 Stat. 2681-439, 2681-471, provided that:

"(A) Reservation of amounts. - The trustees of the Trans-Alaska

Pipeline Liability Fund (hereafter in this subsection referred to

as the 'TAPS Fund') shall reserve the following amounts in the TAPS

Fund -

"(i) necessary to pay claims arising under section 204(c) of

the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c));

and

"(ii) administrative expenses reasonably necessary for and

incidental to the implementation of section 204(c) of that Act.

"(B) Disposition of the balance. - After the Comptroller General

of the United States certifies that the requirements of

subparagraph (A) have been met, the trustees of the TAPS Fund shall

dispose of the balance in the TAPS Fund after the reservation of

amounts are made under subparagraph (A) by -

"(i) rebating the pro rata share of the balance to the State of

Alaska for its contributions as an owner of oil, which, except as

otherwise provided under article IX, section 15, of the Alaska

Constitution, shall be used for the remediation of above-ground

storage tanks; and then

"(ii) transferring and depositing the remainder of the balance

into the Oil Spill Liability Trust Fund established under section

9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509).

"(C) Disposition of the reserved amounts. - After payment of all

claims arising from an incident for which funds are reserved under

subparagraph (A) and certification by the Comptroller General of

the United States that the claims arising from that incident have

been paid, the excess amounts, if any, for that incident shall be

disposed of as set forth under subparagraphs (A) and (B).

"(D) Authorization. - The amounts transferred and deposited in

the Fund shall be available for the purposes of section 1012 of the

Oil Pollution Act of 1990 [33 U.S.C. 2712] after funding sections

5001 [33 U.S.C. 2731] and 8103 [43 U.S.C. 1651 note] to the extent

that funds have not otherwise been provided for the purposes of

such sections."

LIABILITIES OF TRUSTEES OF TAPS FUND

Section 8102(a)(5)(B) of Pub. L. 101-380 provided that: "Upon the

effective date of the repeal pursuant to subparagraph (A) [see

Effective Date of 1990 Amendment note above], the trustees of the

TAPS Fund shall be relieved of all responsibilities under section

204(c) of the Trans-Alaska Pipeline Authorization Act [43 U.S.C.

1653(c)], but not any existing legal liability."

PRESERVATION OF RIGHTS AND REMEDIES OF CONTRIBUTORS TO TAPS FUND

Section 8102(a)(6) provided that: "This subsection [amending this

section and enacting provisions set out as notes above] is intended

expressly to preserve any and all rights and remedies of

contributors to the TAPS Fund under section 1491 of title 28,

United States Code (commonly referred to as the 'Tucker Act')."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 9509.

-End-

-CITE-

43 USC Sec. 1654 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-

Sec. 1654. Antitrust laws

-STATUTE-

The grant of a right-of-way, permit, lease, or other

authorization pursuant to this chapter shall grant no immunity from

the operation of the Federal anti-trust laws.

-SOURCE-

(Pub. L. 93-153, title II, Sec. 205, Nov. 16, 1973, 87 Stat. 588.)

-REFTEXT-

REFERENCES IN TEXT

The Federal antitrust laws, referred to in text, are classified

generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and

Trade.

-End-

-CITE-

43 USC Sec. 1655 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-

Sec. 1655. Roads and airports

-STATUTE-

A right-of-way, permit, lease, or other authorization granted

under section 1652(b) of this title for a road or airstrip as a

related facility of the trans-Alaska pipeline may provide for the

construction of a public road or airstrip.

-SOURCE-

(Pub. L. 93-153, title II, Sec. 206, Nov. 16, 1973, 87 Stat. 588.)

-End-

-CITE-

43 USC Sec. 1656 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-

Sec. 1656. Civil penalties

-STATUTE-

(a) Penalty

Except as provided in subsection (c)(4) of this section, 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 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 1321(b) of title 33.

(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. 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.

-SOURCE-

(Pub. L. 93-153, title II, Sec. 207, as added Pub. L. 101-380,

title VIII, Sec. 8202, Aug. 18, 1990, 104 Stat. 571.)

-MISC1-

EFFECTIVE DATE

Section applicable to incidents occurring after Aug. 18, 1990,

see section 1020 of Pub. L. 101-380, set out as a note under

section 2701 of Title 33, Navigation and Navigable Waters.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 9509.

-End-

-HEAD-