Page:United States Statutes at Large Volume 104 Part 1.djvu/532

 104 STAT. 498 PUBLIC LAW 101-380 —AUG. 18, 1990 33 USC 2710. President of U.S. State and local governments. 33 USC 2711. President of U.S. 33 USC 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. (b) LiABiuTY NOT TRANSFERRED.— No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer 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 National 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 President for— (1) the payment of removal costs, including the costs of monitoring 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 carrying out their functions under section 1006 for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replacement, 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 uncompensated damages; (5) the pa3anent of Federal administrative, operational, and personnel costs and expenses reasonably necessary for qnd incidental to the implementation, administration, and enforcement of this Act (including, but not limited to, sections 1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, and

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