Volume 102 · 3176
Public Law 100–610
To amend title III of the Outer Continental Shelf Lands Act Amendments of 1978 to provide for indemnification and hold harmless agreements.
Approved November 5, 1988
Statutory text
An Act
To amend title III of the Outer Continental Shelf Lands Act Amendments of 1978 to provide for indemnification and hold harmless agreements.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I
SECTION 1. SHORT TITLE.
This Act may be cited as the “Outer Continental Shelf Operations Indemnification Clarification Act of 1988”.
SEC. 2. INDEMNITY AGREEMENTS.
Section 305 of the Outer Continental Shelf Lands Act Amendments
of 1978 (43 U.S.C. 1802 et seq.) is amended by adding at the end the following new subsection:
“(e) Any owner or operator of an offshore facility may enter into an indemnity, hold harmless, or similar agreement with any person holding a lease on the Outer Continental Shelf with respect to any liability arising under this title. Notwithstanding the provision of this subsection, any such indemnity, hold harmless, or similar agreement shall not relieve such owner, operator, or person from liability arising under this title. Nothing in this subsection shall be construed to alter or in any way affect the financial responsibility requirements imposed under this section.”.
SEC. 3. GUARANTOR’S LIABILITY.
Section 305 of the Outer Continental Shelf Lands Act Amendments of 1978 is amended by redesignating subsection (c) as (c)(1) and adding a new subsection (c)(2) to read as follows:
“(2) The total liability of any guarantor in a direct action suit brought under this section shall be limited to the aggregate amount of the monetary limits of the policy of insurance, guarantee, surety bond, letter of credit, or similar instrument obtained from the guarantor by the person subject to liability. Nothing in this subsection shall be construed, interpreted or applied to diminish the liability of any person under this Act or other applicable law.”.
TITLE II— PETTAQUAMSCUTT COVE NATIONAL WILDLIFE REFUGE
SEC. 201. FINDINGS.
The Congress finds that—
Pettaquamscutt Cove, and the associated tidal marshes and mudflats, and dividing the towns of Narragansett and South Kingstown, Rhode Island, has been identified as the most important black duck migration and wintering habitat in Rhode Island, in accordance with the objectives of the North American Water fowl Plan;
Pettaquamscutt Cove provides important migration and wintering habitat for various other species of waterfowl, valuable feeding habitat for shorebirds, terns, gulls, and wading birds, and habitat for many species of finfish and shellfish;
Pettaquamscutt Cove is home to several State-listed Rare and Uncommon animal and plant species; and
designation of this area as a National Wildlife Refuge would significantly aid in the conservation of these fish and wildlife resources.
SEC. 202. PURPOSES.
The purposes for which the Pettaquamscutt Cove National Wildlife Refuge is established and shall be managed include—
to protect and enhance the populations of black ducks and other waterfowl, geese, shorebirds, terns, wading birds, and other wildlife using the refuge;
to provide for the conservation and management of fish and wildlife within the refuge;
to fulfill the international treaty obligations of the United States respecting fish and wildlife; and
to provide opportunities for scientific research, environmental education, and fish and wildlife-oriented recreation.
SEC. 203. DEFINITIONS.
For the purposes of this Act—
the term “refuge” means the Pettaquamscutt Cove National Wildlife Refuge; .
the term “Secretary” means the Secretary of the Interior; and
the term “selection area” means the lands and waters of the Pettaquamscutt Watershed in the State of Rhode Island.
SEC. 204. ESTABLISHMENT OF REFUGE.
Within one year after the effective date of this Act the Secretary shall designate approximately 600 acres of land and waters within the selection area which the Secretary considers appropriate for the refuge.
After making such designation, the Secretary shall publish in
Federal Register, publication.
the Federal Register, and in newspapers of local circulation, a notice of availability of a detailed map depicting the boundaries of the land so designated, which map shall be on file and available for inspection in the office of the Director of the United States Fish and Wildlife Service, Department of the Interior, and in appropriate offices of the United States Fish and Wildlife Service in the State of Rhode Island.
Boundary Revisions.—
The Secretary may make such minor revisions in the boundaries designated under this section as may be appropriate to carry out the purpose of this Act or to facilitate the acquisition of property within the refuge.
Acquisition.—
After determination of the boundaries of the refuge in accordance with the provisions of subsection (a) of this section, the Secretary is authorized to acquire the lands and waters, or interests therein, within the boundary of the refuge.
Establishment.—
The Secretary shall establish the National
Federal Register, publication.
Wildlife Refuge, by publication of a notice to that effect in the Federal Register and publications of local circulation, whenever sufficient property has been acquired within the boundary of the refuge to constitute an area that can be effectively managed as a National Wildlife Refuge.
SEC. 205. ADMINISTRATION.
The Secretary shall administer all lands, waters, and interests therein acquired under this Act in accordance with the provisions of the National Wildlife Refuge System Administration Act of 1968 (16 U.S.C. 668dd–668ee). The Secretary may utilize such additional statutory authority as may be available to him for the conservation and development of wildlife and natural resources, the development of recreation opportunities, and interpretive education, as he deems appropriate to carry out the purposes of this Act.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the Interior—
such funds as may be necessary for the acquisition of lands and waters designated in section 4(a)(1); and
such funds as may be necessary for the development, operation and maintenance of the refuge.
SEC. 207. EFFECTIVE DATE.
This Act shall take effect on the date of its enactment.
Approved November 5, 1988.