Sec. 8102. TRANS-ALASKA PIPELINE LIABILITY FUND
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## SEC. 8102 TRANS-ALASKA PIPELINE LIABILITY FUND ###
(a)Termination of Certain Provisions ####
(1)* * * ####
(2)Disposition of fund balance #####
(A)Reservation of amounts The trustees of the Trans-Alaska Pipeline Liability Fund (hereafter in this subsection referred to as the “TAPS Fund”) shall reserve the following amounts in the TAPS Fund— ######
(i)necessary to pay claims arising under section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)); and ######
(ii)administrative expenses reasonably necessary for and incidental to the implementation of section 204(c) of that Act. #####
(B)Disposition of the balance After the Comptroller General of the United States certifies that the requirements of subparagraph
(A)have been met, the trustees of the TAPS Fund shall dispose of the balance in the TAPS Fund after the reservation of amounts are made under subparagraph
(A)by— ######
(i)rebating the pro rata share of the balance to the State of Alaska for its contributions as an owner of oil, which, except as otherwise provided under article IX, section 15, of the Alaska Constitution, shall be used for the remediation of above-ground storage tanks; and then ######
(ii)transferring and depositing the remainder of the balance into the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). #####
(C)Disposition of the reserved amounts After payment of all claims arising from an incident for which funds 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. ####
(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)* * * ####
(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. ####
(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”). * * * * * * *
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