Title 33 — Navigation and Navigable Waters
Chapter 27 — Ocean Dumping
§ 1442. Research program respecting possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems
Statutory text
Secretary of Commerce
The Secretary of Commerce, in close consultation with other appropriate Federal departments, agencies, and instrumentalities shall, within six months of , initiate a comprehensive and continuing program of research with respect to the possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems. These responsibilities shall include the scientific assessment of damages to the natural resources from spills of petroleum or petroleum products. In carrying out such research, the Secretary of Commerce shall take into account such factors as existing and proposed international policies affecting oceanic problems, economic considerations involved in both the protection and the use of the oceans, possible alternatives to existing programs, and ways in which the health of the oceans may best be preserved for the benefit of succeeding generations of mankind.
The Secretary of Commerce shall ensure that the program under this section complements, when appropriate, the activities undertaken by other Federal agencies pursuant to subchapter I and section 1443 of this title. That program shall include but not be limited to—
the development and assessment of scientific techniques to define and quantify the degradation of the marine environment;
the assessment of the capacity of the marine environment to receive materials without degradation;
continuing monitoring programs to assess the health of the marine environment, including but not limited to the monitoring of bottom oxygen concentrations, contaminant levels in biota, sediments, and the water column, diseases in fish and shellfish, and changes in types and abundance of indicator species;
the development of methodologies, techniques, and equipment for disposal of waste materials to minimize degradation of the marine environment.
The Secretary of Commerce shall ensure that the comprehensive and continuing research program conducted under this subsection is consistent with the comprehensive plan for ocean pollution research and development and monitoring prepared under section 1703 1 of this title.
Action with other nations
In carrying out his responsibilities under this section, the Secretary of Commerce, under the foreign policy guidance of the President and pursuant to international agreements and treaties made by the President with the advice and consent of the Senate, may act alone or in conjunction with any other nation or group of nations, and shall make known the results of his activities by such channels of communication as may appear appropriate.
Cooperation of other departments, agencies, and independent instrumentalities
Each department, agency, and independent instrumentality of the Federal Government is authorized and directed to cooperate with the Secretary of Commerce in carrying out the purposes of this section and, to the extent permitted by law, to furnish such information as may be requested.
Utilization of personnel, services, and facilities; inter-agency agreements
The Secretary of Commerce, in carrying out his responsibilities under this section, shall, to the extent feasible utilize the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities (including those of the Coast Guard for monitoring purposes), and is authorized to enter into appropriate inter-agency agreements to accomplish this action.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Marine Protection, Research, and Sanctuaries Act of 1972
Pub. L. 92–532 title II § 202 · 86 Stat. 1052
Enacted · 33 U.S.C. § 1442
Pub. L. 92–532, title II, § 202, Oct. 23, 1972, 86 Stat. 1060
Source evidence
Code source credit
Pub. L. 92–532, title II, § 202, Oct. 23, 1972, 86 Stat. 1060Enacted provision · exact public law section
Sec. 202. (a) The Secretary of Commerce, in consultation with other appropriate Federal departments, agencies, and instrumentalities shall, within six months of the enactment of this Act, initiate a comprehensive and continuing program of research with respect to the possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems. In carrying out such research, the Secretary of Commerce shall take into account such factors as existing and proposed international policies affecting oceanic problems, economic considerations involved in both the protection and the use of the oceans, possible alternatives to existing programs, and ways in which the health of the oceans may best be preserved for the benefit of succeeding generations of mankind. (b) In carrying out his responsibilities under this section, the Secretary of Commerce, under the foreign policy guidance of the President and pursuant to international agreements and treaties made by the President with the advice and consent of the Senate, may act alone or in conjunction with any other nation or group of nations, and shall make known the results of his activities by such channels of communication as may appear appropriate. (c) In January of each year, the Secretary of Commerce shall report Annual report to Congress. to the Congress on the results of activities undertaken by him pursuant to this section during the previous fiscal year. (d) Each department, agency, and independent instrumentality of the Federal Government is authorized and directed to cooperate with the Secretary of Commerce in carrying out the purposes of this section and, to the extent permitted by law, to furnish such information as may be requested. (e) The Secretary of Commerce, in carrying out his responsibilities Interagency agreements. under this section, shall, to the extent feasible utilize the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities (including those of the Coast Guard for monitoring purposes), and is authorized to enter into appropriate interagency agreements to accomplish this action.Pub. L. 94–62 § 2 · 89 Stat. 303
Substituted · 33 U.S.C. § 1442(c)
Pub. L. 94–62 substituted “March” for “January”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–62 substituted “March” for “January”.Enacted provision · exact public law section
Sec. 2. Section 202(c) of the Marine Protection, Research, and Report to Congress. Sanctuaries Act of 1972 (33 U.S.C. 1442(c)) is amended by striking out “January” and inserting in lieu thereof “March”.Pub. L. 96–381 § 3 · 94 Stat. 1523
Inserted · 33 U.S.C. § 1442(a)
Pub. L. 96–381 inserted provision including within the responsibilities of the Secretary the scientific assessment of damages to natural resources from spills of petroleum or petroleum products
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–381 inserted provision including within the responsibilities of the Secretary the scientific assessment of damages to natural resources from spills of petroleum or petroleum products.Enacted provision · exact public law section
Sec. 3. Section 202(a) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1442(a)) is amended by inserting the following immediately after the first sentence thereof: “These responsibilities shall include the scientific assessment of damages to the natural resources from spills of petroleum or petroleum products.”.Congressional Reports Elimination Act of 1980
Pub. L. 96–470 title II § 201(f) · 94 Stat. 2237
Inserted · 33 U.S.C. § 1442(c)
Pub. L. 96–470 inserted provision requiring the Secretary to include in his annual report the report on activities of the Department of Commerce under section 665 of title 16
Source evidence
Code amendment note
Subsec. (c). Pub. L. 96–470 inserted provision requiring the Secretary to include in his annual report the report on activities of the Department of Commerce under section 665 of title 16.Enacted provision · exact public law section
(f) Section 202(c) of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1061; 33 U.S.C. 1442(c)), is amended by inserting at the end thereof the following sentence: “The Secretary shall include in this report the report to Congress of activities of the Department of Commerce under section 5 of the Act of March 10, 1934 (48 Stat. 401; 16 U.S.C. 665), required by that section.”.Consolidated Omnibus Budget Reconciliation Act of 1985
Pub. L. 99–272 § 6062(1) · 100 Stat. 82
Amended · 33 U.S.C. § 1442(a)
Pub. L. 99–272, § 6062(1)–(3), designated existing provisions as par. (1)
Substituted · 33 U.S.C. § 1442(a)
Pub. L. 99–272, § 6062(1)–(3), substituted “in close consultation” for “in consultation”
Added · 33 U.S.C. § 1442(a)
Pub. L. 99–272, § 6062(1)–(3), added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–272, § 6062(1)–(3), designated existing provisions as par. (1), substituted “in close consultation” for “in consultation”, and added par. (2).Enacted provision · exact public law section
(1) by inserting “(1)” before “The Secretary” in subsection (a);Consolidated Omnibus Budget Reconciliation Act of 1985
Pub. L. 99–272 § 6062(4) · 100 Stat. 82
Redesignated · 33 U.S.C. § 1442(c)
Pub. L. 99–272, § 6062(4), redesignated subsec. (d) as (c)
Struck · 33 U.S.C. § 1442(c)
Pub. L. 99–272, § 6062(4), struck out former subsec. (c) which required the Secretary of Commerce to make an annual report to Congress, in March of each year, on the results of activities undertaken by him pursuant to this section during the previous fiscal year, and to include in that report the report to Congress required by section 665 of title 16 on activities of the Department of Commerce under that section
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–272, § 6062(4), redesignated subsec. (d) as (c), and struck out former subsec. (c) which required the Secretary of Commerce to make an annual report to Congress, in March of each year, on the results of activities undertaken by him pursuant to this section during the previous fiscal year, and to include in that report the report to Congress required by section 665 of title 16 on activities of the Department of Commerce under that section.Enacted provision · exact public law section
SEC. 6062. MARINE RESEARCH REQUIREMENTS. Section 202 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1442) is amended— (1) by inserting “(1)” before “The Secretary” in subsection (a); (2) by striking out “in consultation” in the first sentence of subsection (a) and inserting in lieu thereof “in close consultation”; (3) by adding at the end of subsection (a) the following new paragraph: “(2) The Secretary of Commerce shall ensure that the program Pollution. under this section complements, when appropriate, the activities undertaken by other Federal agencies pursuant to title I and section 33 USC 1411. Infra. 203. That program shall include but not be limited to— “(A) the development and assessment of scientific techniques to define and quantify the degradation of the marine environment; “(B) the assessment of the capacity of the marine environment to receive materials without degradation; “(C) continuing monitoring programs to assess the health of the marine environment, including but not limited to the monitoring of bottom oxygen concentrations, contaminant levels in biota, sediments, and the water column, diseases in fish and shellfish, and changes in types and abundance of indicator species; “(D) the development of methodologies, techniques, and equipment for disposal of waste materials to minimize degradation of the marine environment.”; and (4) by striking out subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively.Consolidated Omnibus Budget Reconciliation Act of 1985
Pub. L. 99–272 § 6062(4) · 100 Stat. 82
Redesignated · 33 U.S.C. § 1442(d); 33 U.S.C. § 1442(e)
Pub. L. 99–272, § 6062(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c)
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 99–272, § 6062(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).Enacted provision · exact public law section
SEC. 6062. MARINE RESEARCH REQUIREMENTS. Section 202 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1442) is amended— (1) by inserting “(1)” before “The Secretary” in subsection (a); (2) by striking out “in consultation” in the first sentence of subsection (a) and inserting in lieu thereof “in close consultation”; (3) by adding at the end of subsection (a) the following new paragraph: “(2) The Secretary of Commerce shall ensure that the program Pollution. under this section complements, when appropriate, the activities undertaken by other Federal agencies pursuant to title I and section 33 USC 1411. Infra. 203. That program shall include but not be limited to— “(A) the development and assessment of scientific techniques to define and quantify the degradation of the marine environment; “(B) the assessment of the capacity of the marine environment to receive materials without degradation; “(C) continuing monitoring programs to assess the health of the marine environment, including but not limited to the monitoring of bottom oxygen concentrations, contaminant levels in biota, sediments, and the water column, diseases in fish and shellfish, and changes in types and abundance of indicator species; “(D) the development of methodologies, techniques, and equipment for disposal of waste materials to minimize degradation of the marine environment.”; and (4) by striking out subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively.Pub. L. 100–627 title I § 101 · 102 Stat. 3213
Added · 33 U.S.C. § 1442(a)(3)
Pub. L. 100–627 added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 100–627 added par. (3).Enacted provision · exact public law section
SEC. 101. RESEARCH TO BE CONSISTENT WITH COMPREHENSIVE PLAN. Subsection (a) of section 202 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1442(a)) is amended by adding at the end the following: “(3) The Secretary of Commerce shall ensure that the comprehensive and continuing research program conducted under this subsection is consistent with the comprehensive plan for ocean pollution research and development and monitoring prepared under section 4 of the National Ocean Pollution Planning Act of 1978 (33 U.S.C. 1703).”.
11 of 11 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 1703 of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 102–567, title II, § 204, , 106 Stat. 4282.
Amendments1975–1988 · 4 rounds
1988
Subsec. (a)(3). Pub. L. 100–627 added par. (3).
1986
Subsec. (a). Pub. L. 99–272, § 6062(1)–(3), designated existing provisions as par. (1), substituted “in close consultation” for “in consultation”, and added par. (2).
Subsec. (c). Pub. L. 99–272, § 6062(4), redesignated subsec. (d) as (c), and struck out former subsec. (c) which required the Secretary of Commerce to make an annual report to Congress, in March of each year, on the results of activities undertaken by him pursuant to this section during the previous fiscal year, and to include in that report the report to Congress required by section 665 of title 16 on activities of the Department of Commerce under that section.
Subsecs. (d), (e). Pub. L. 99–272, § 6062(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
1980
Subsec. (a). Pub. L. 96–381 inserted provision including within the responsibilities of the Secretary the scientific assessment of damages to natural resources from spills of petroleum or petroleum products.
Subsec. (c). Pub. L. 96–470 inserted provision requiring the Secretary to include in his annual report the report on activities of the Department of Commerce under section 665 of title 16.
1975
Subsec. (c). Pub. L. 94–62 substituted “March” for “January”.
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.