Sec. 2. Oil and hazardous substance removal
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Section 311(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(c) ) is amended— in paragraph (1)(B)— in clause (ii), by striking and at the end; in clause (iii), by striking the period and inserting ; and ; and by adding at the end the following: enter into a contract with a person to carry out the removal actions under this subparagraph and shall indemnify that person with whom the President has entered into a contract under this clause for liabilities arising out of the performance of the contract, and expenses, incidental thereto, that are not compensated by any insurance required under the contract. ; and by adding at the end the following:
Indemnification provided under paragraph (1)(B)(iv) shall be made solely from funds that are available in the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986 and may not include indemnification for any liability of the person— who is a responsible party for the discharge; arising from the gross negligence or willful misconduct of the person; arising from the gross negligence or willful misconduct of a person in the violation of paragraph (3); arising from the gross negligence or willful misconduct of a person in the breach of an express term of the contract; for which the contractor has failed to maintain any insurance required by the contract; or that exceeds the per incident limit described in section 9509(c)(2)(A) of the Internal Revenue Code of 1986. .
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Sec. 2
Oil and hazardous substance removal
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