Page:United States Statutes at Large Volume 104 Part 1.djvu/533

 PUBLIC LAW 101-380 —AUG. 18, 1990 104 STAT. 499 title VII) and subsections (b), (c), (d), (j), and (1) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, with respect to prevention, removal, and enforcement related to oil discharges, provided that— (A) not more than $25,000,000 in each fiscal year shall be Uniformed available to the Secretary for operating expenses incurred services. by the Coast Guard; (B) not more than $30,000,000 each year through the end of fiscal year 1992 shall be available to establish the National Response System under section 311(j) of the Federal Water Pollution Control Act, as amended by this Act, including the purchase and prepositioning of oil spill removal equipment; and (C) not more than $27,250,000 in each fiscal year shall be available to carry out title VII of this Act. (b) DEFENSE TO LIABILITY FOR FUND.— The Fund shall not be available to pay any claim for removal costs or damages to a particular claimant, to the extent that the incident, removal costs, or damages are caused by the gross negligence or willful misconduct of that claimant. (c) OBLIGATION OF FUND BY FEDERAL OFFICIALS.—The President may promulgate regulations designating one or more Federal officials who may obligate money in accordance with subsection (a). (d) ACCESS TO FUND BY STATE OFFICIALS. — (1) IMMEDIATE REMOVAL. — In accordance with regulations promulgated under this section, the President, upon the request of the Governor of a State or pursuant to an agreement with a State under paragraph (2), may obligate the Fund for payment in an amount not to exceed $250,000 for removal costs consistent with the National Contingency Plan required for the immediate removal of a discharge, or the mitigation or prevention of a substantial threat of a discharge, of oil. (2) AGREEMENTS. — (A) IN GENERAL.—The President shall enter into an agreement with the Governor of any interested State to establish procedures under which the Governor or a designated State official may receive payments from the Fund for removal costs pursuant to paragraph (1). (B) TERMS. — Agreements under this paragraph— (i) may include such terms and conditions as may be agreed upon by the President and the Governor of a State; (ii) shall provide for political subdivisions of the State to receive payments for reasonable removal costs; and (iii) may authorize advance payments from the Fund to facilitate removal efforts. (e) REGULATIONS.—The President shall— (1) not later than 6 months after the date of the enactment of this Act, publish proposed regulations detailing the manner in which the authority to obligate the Fund and to enter into agreements under this subsection shall be exercised; and (2) not later than 3 months after the close of the comment period for such proposed regulations, promulgate final regulations for that purpose. (f) RIGHTS OF SUBROGATION. — Payment of any claim or obligation by the Fund under this Act shall be subject to the United States

�