Page:United States Statutes at Large Volume 104 Part 1.djvu/600

 104 STAT. 566 PUBLIC LAW 101-380 —AUG. 18, 1990 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 after funding sections 5001 and 8103 to the extent that funds have not otherwise been provided for the purposes of such sections. 43 USC 1653 (3) SAVINGS CLAUSE. —The repeal made by paragraph (1) 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. (4) TAPS COLLECTION.—Paragraph (5) of section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) is amended by striking the period at the end of the second sentence and adding at the end the following: ", except that after the date of enactment of the Oil Pollution Act of 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 the date of enactment of that Act and administrative costs, whichever is less.". 43 USC 1653 (5) EFFECTIVE DATE.—(A) The repeal by paragraph (1) shall be ^°^- effective 60 days after the date on which the Comptroller General of the United States certifies to the Congress 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. (B) Upon the effective date of the repeal pursuant to subparagraph (A), the trustees of the TAPS Fund shall be relieved of all responsibilities under section 204(c) of the Trans-Alaska Pipeline Authorization Act, but not any existing legal liability. 43 USC 1653 (6) TUCKER ACT.— This subsection 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"). Ob) CAUSE OF ACCIDENT.— Section 204(c)(2) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)(2)) is amended by striking out "caused by" in the first sentence and inserting in lieu thereof "caused solely by". (c) DAMAGES.— Section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)), as amended by this title, is further amended by adding at the end the following new paragraphs: "(13) For any claims against the Fund, the term 'damages' shall include, but not be limited to— "(A) the net loss of taxes, revenues, fees, royalties, rents, or other revenues incurred by a State or a political subdivision of a

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