Page:United States Statutes at Large Volume 87.djvu/619

 87 STAT. ]

PUBLIC LAW 93-153~NOV. 16, 1973

587

(2) Strict liability shall not be imposed under this subsection if the owner or operator of the vessel, or the Fund, can prove that the damages were caused by an act of war or by the negligence of the United States or other governmental agency. Strict liability shall not be imposed under this subsection with respect to the claim of a damaged party if the owner or operator of the vessel, or the Fund, can prove that the damage was caused by the negligence of such party. (3) Strict liability for all claims arising out of any one incident Limitation. shall not exceed $100,000,000. The owner and operator of the vessel shall be jointly and severally liable for the first $14,000,000 of such claims that are allowed. Financial responsibility for $14,000,000 shall be demonstrated in accordance with the provisions of section 311(p) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321 (p)) before the oil is loaded. The Fund shall be liable for the 86 Stat. 862. balance of the claims that are allowed up to $100,000,000. If the total claims allowed exceed $100,000,000, they shall be reduced proportionately. The unpaid portion of any claim may be asserted and adjudicated under other applicable Federal or state law. Trans-Alaska (4) The Trans-Alaska Pipeline Liability Fund is hereby established Pipeline Liability as a non-profit corporate entity that may sue and be sued in its own Fund. name. The F u n d shall be administered by the holders of the trans- Establishment Alaska pipeline right-of-way under regulations prescribed by the Secretary. The F u n d shall be subject to an annual audit by the Comptroller General, and a copy of the audit shall be submitted to the Congress. (5) The operator of the pipeline shall collect from the owner of the Fee per barrel. oil at the time it is loaded on the vessel a fee of five cents per barrel. The collection shall cease when $100,000,000 has been accumulated in the Fund, and it shall be resumed when the accumulation in the Fund falls below $100,000,000. (6) The collections under paragraph (5) shall be delivered to the Fund. Costs of administration shall be paid from the money paid to the Fund, and all sums not needed for administration and the satisfaction of claims shall be invested prudently in income-producing securities approved by the Secretary. Income from such securities shall be added to the principal of the Fund. (7) The provisions of this subsection shall apply only to vessels engaged in transportation between the terminal facilities of the pipeline and ports under the jurisdiction of the United States. Strict liability under this subsection shall cease when the oil has first been brought ashore at a port under the jurisdiction of the United States. (8) I n any case where liability without regard to fault is imposed pursuant to this subsection and the damages involved were caused by the unseaworthiness of the vessel or by negligence, the owner and operator of the vessel, and the Fund, as the case may be, shall be subrogated under applicable State and Federal laws to the rights under said laws of any person entitled to recovery hereunder. If any subrogee brings an action based on unseaworthiness of the vessel or negligence of its owner or operator, it may recover from any affiliate of the owner or operator, if the respective owner or operator fails to satisfy any claim by the subrogee allowed under this paragraph. (9) This subsection shall not be interpreted to preempt the field of strict liability or to preclude any State from imposing additional requirements.

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