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AIMD/OGC-00-250R 1 (2000-07-05)

handle is hein.gao/gaocrptakxa0001 and id is 1 raw text is: -e GeAtOa __Comptroller General of the United States United States General Accounting Office Washington, DC 20548 B-285142 July 5, 2000 To the President of the Senate. and the Speaker of the House of Representatives Subject: Final Certification of TAP Fund This letter transmits the Comptroller General's final certification of the Trans-Alaska Pipeline Liability Fund's payment of claims and administrative expenses. Section 204(c) of the Trans-Alaska Pipeline Authorization Act (TAP Act), Pub. L. 93-153, 87 Stat. 576, 586 (1973), codified at 43 U.S.C. § 1653(c), created the Trans-Alaska Pipeline Liability Fund (Fund), a nonprofit corporation governed by a Board of Trustees. The TAP Act, as amended, established the Fund to pay certain claims for damages caused by discharges of Alaska Pipeline oil from ships transporting the oil from the pipeline's terminals to ports within the jurisdiction of the United States that occurred before August 18, 1990. The Fund is strictly liable for covered oil spill damages in excess of $14 million up to $100 million, or $86 million, per incident. 43 U.S.C. § 1653(c)(3). The Board of Trustees of the Fund determined that the Fund was liable for damages caused by two oil spills that occurred before August 18, 1990, the Exxon Valdez spill in Prince William Sound, Alaska in March 1989 and the American Trader spill off of Huntington Beach, California in February, 1990. Section 8102 of the Oil Pollution Act of 1990, Pub. L. 101-380, 104 Stat. 484, 565 (1990), provides that the Fund's statutory authority, 43 U.S.C. § 1653(c), is repealed, effective as provided in paragraph (5), and the Fund extinguished sixty days after the Comptroller General certifies to the Congress that under Section 8102(a)(5)(A): (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. Section 8102(a)(2)(C) requires the trustees, after payment of all claims and certification by the Comptroller General of the payment of all claims, to distribute any remaining amounts by (1) rebating the pro rata share of the balance to Alaska for GAO/AIMTJ-OGC-OO-250R

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