Page:United States Statutes at Large Volume 102 Part 4.djvu/206

 102 STAT. 3176

PUBLIC LAW 100-610—NOV. 5, 1988

Public Law 100-610 100th Congress Nov. 5, 1988 [H.R. 4517] Outer Continental Shelf Operations Indemnification Clarification Act of 1988. 43 USC 1801 note.

An Act

To amend title III of the Outer Continental Shelf Lands Act Amendments of 1978 to provide for indemnification and hold harmless agreements.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I SECTION 1. SHORT TITLE.

This Act may be cited as the "Outer Continental Shelf Operations Indemnification Clarification Act of 1988". SEC. 2. INDEMNITY AGREEMENTS.

43 USC 1815.

Section 305 of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1802 et seq.) is amended by adding at the end the following new subsection: "(e) Any owner or operator of an offshore facility may enter into an indemnity, hold harmless, or similar agreement with any person holding a lease on the Outer Continental Shelf with respect to any liability arising under this title. Notwithstanding the provision of this subsection, any such indemnity, hold harmless, or similar agreement shall not relieve such owner, operator, or person from liability arising under this title. Nothing in this subsection shall be construed to alter or in any way affect the financial responsibility requirements imposed under this section.". SEC. 3. GUARANTOR'S LIABILITY.

Section 305 of the Outer Continental Shelf Lands Act Amendments of 1978 is amended by redesignating subsection (c) as (c)(1) and adding a new subsection (c)(2) to read as follows: "(2) The total liability of any guarantor in a direct action suit brought under this section shall be limited to the aggregate amount of the monetary limits of the policy of insurance, guarantee, surety bond, letter of credit, or similar instrument obtained from the guarantor by the person subject to liability. Nothing in this subsection shall be construed, interpreted or applied to diminish the liability of any person under this Act or other applicable law.". Birds. Conservation. Fish and fishing. Research and development. 16 USC 668dd note.

TITLE II—PETTAQUAMSCUTT COVE NATIONAL WILDLIFE REFUGE SEC. 20L FINDINGS.

The Congress finds that— (1) Pettaquamscutt Cove, and the associated tidal marshes and mudflats, and dividing the towns of Narragansett and South Kingstown, Rhode Island, has been identified as the most important black duck migration and wintering habitat in

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