Page:United States Statutes at Large Volume 104 Part 1.djvu/601

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PUBLIC LAW 101-380 —AUG. 18, 1990 104 STAT. 567 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 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 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