Title 33 — Navigation and Navigable Waters
Chapter 40 — Oil Pollution
§ 2731. Oil Spill Recovery Institute
Statutory text
Establishment of Institute
The Secretary of Commerce shall provide for the establishment of a Prince William Sound Oil Spill Recovery Institute (hereinafter in this section referred to as the “Institute”) through the Prince William Sound Science and Technology Institute located in Cordova, Alaska.
Functions
The Institute shall conduct research and carry out educational and demonstration projects designed to—
identify and develop the best available techniques, equipment, and materials for dealing with oil spills in the arctic and subarctic marine environment; and
complement Federal and State damage assessment efforts and determine, document, assess, and understand the long-range effects of Arctic or Subarctic oil spills on the natural resources of Prince William Sound and its adjacent waters (as generally depicted on the map entitled “EXXON VALDEZ oil spill dated March 1990”), and the environment, the economy, and the lifestyle and well-being of the people who are dependent on them, except that the Institute shall not conduct studies or make recommendations on any matter which is not directly related to Arctic or Subarctic oil spills or the effects thereof.
Advisory board
In general
The policies of the Institute shall be determined by an advisory board, composed of 16 members appointed as follows:
One representative appointed by each of the Commissioners of Fish and Game, Environmental Conservation, and Natural Resources of the State of Alaska, all of whom shall be State employees.
One representative appointed by each of the Secretaries of Commerce and the Interior and the Commandant of the Coast Guard, who shall be Federal employees.
Two representatives from the fishing industry appointed by the Governor of the State of Alaska from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill, who shall serve terms of 2 years each. Interested organizations from within the fishing industry may submit the names of qualified individuals for consideration by the Governor.
Two Alaska Natives who represent Native entities affected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, appointed by the Governor of Alaska from a list of 4 qualified individuals submitted by the Alaska Federation of Natives, who shall serve terms of 2 years each.
Two representatives from the oil and gas industry to be appointed by the Governor of the State of Alaska who shall serve terms of 2 years each. Interested organizations from within the oil and gas industry may submit the names of qualified individuals for consideration by the Governor.
Two at-large representatives from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about the marine environment and wildlife within Prince William Sound, and who shall serve terms of 2 years each, appointed by the remaining members of the Advisory Board. Interested parties may submit the names of qualified individuals for consideration by the Advisory Board.
One nonvoting representative of the Institute of Marine Science.
One nonvoting representative appointed by the Prince William Sound Science and Technology Institute.
Chairman
The representative of the Secretary of Commerce shall serve as Chairman of the Advisory Board.
Policies
Policies determined by the Advisory Board under this subsection shall include policies for the conduct and support, through contracts and grants awarded on a nationally competitive basis, of research, projects, and studies to be supported by the Institute in accordance with the purposes of this section.
Scientific review
The Advisory Board may request a scientific review of the research program every five years by the National Academy of Sciences which shall perform the review, if requested, as part of its responsibilities under section 2761(b)(2) of this title.
Scientific and technical committee
In general
The Advisory Board shall establish a scientific and technical committee, composed of specialists in matters relating to oil spill containment and cleanup technology, arctic and subarctic marine ecology, and the living resources and socioeconomics of Prince William Sound and its adjacent waters, from the University of Alaska, the Institute of Marine Science, the Prince William Sound Science and Technology Institute, and elsewhere in the academic community.
Functions
The Scientific and Technical Committee shall provide such advice to the Advisory Board as the Advisory Board shall request, including recommendations regarding the conduct and support of research, projects, and studies in accordance with the purposes of this section. The Advisory Board shall not request, and the Committee shall not provide, any advice which is not directly related to Arctic or Subarctic oil spills or the effects thereof.
Director
The Institute shall be administered by a Director appointed by the Advisory Board. The Prince William Sound Science and Technology Institute and the Scientific and Technical Committee may each submit independent recommendations for the Advisory Board’s consideration for appointment as Director. The Director may hire such staff and incur such expenses on behalf of the Institute as are authorized by the Advisory Board.
Evaluation
The Secretary of Commerce may conduct an ongoing evaluation of the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section.
Audit
The Comptroller General of the United States, and any of his or her duly authorized representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Institute and its administering agency that are pertinent to the funds received and expended by the Institute and its administering agency.
Status of employees
Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose.
Termination
The authorization in section 2736(b) of this title providing funding for the Institute shall terminate 1 year after the date on which the Secretary, in consultation with the Secretary of the Interior, determines that oil and gas exploration, development, and production in the State of Alaska have ceased.
Use of funds
No funds made available to carry out this section may be used to initiate litigation. No funds made available to carry out this section may be used for the acquisition of real property (including buildings) or construction of any building. No more than 20 percent of funds made available to carry out this section may be used to lease necessary facilities and to administer the Institute. The Advisory Board may compensate its Federal representatives for their reasonable travel costs. None of the funds authorized by this section shall be used for any purpose other than the functions specified in subsection (b).
Research
The Institute shall publish and make available to any person upon request the results of all research, educational, and demonstration projects conducted by the Institute. The Administrator shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Oceanic and Atmospheric Administration.
“Prince William Sound and its adjacent waters” defined
In this section, the term “Prince William Sound and its adjacent waters” means such sound and waters as generally depicted on the map entitled “EXXON VALDEZ oil spill dated March 1990”.
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.
Oil Pollution Act of 1990
Pub. L. 101–380 title V § 5001 · 104 Stat. 484
Enacted · 33 U.S.C. § 2731
Pub. L. 101–380, title V, § 5001, Aug. 18, 1990, 104 Stat. 542
Source evidence
Code source credit
Pub. L. 101–380, title V, § 5001, Aug. 18, 1990, 104 Stat. 542Enacted provision · exact public law section
SEC. 5001. OIL SPILL RECOVERY INSTITUTE. (a) Establishment of Institute.— The Secretary of Commerce shall provide for the establishment of a Prince William Sound Oil Spill Recovery Institute (hereinafter in this section referred to as the “Institute”) to be administered by the Secretary of Commerce through the Prince William Sound Science and Technology Institute and located in Cordova, Alaska. (b) Functions.— The Institute shall conduct research and carry out educational and demonstration projects designed to— (1) identify and develop the best available techniques, equipment, and materials for dealing with oil spills in the arctic and subarctic marine environment; and (2) complement Federal and State damage assessment efforts and determine, document, assess, and understand the long-range effects of the EXXON VALDEZ oil spill on the natural resources of Prince William Sound and its adjacent waters (as generally depicted on the map entitled “EXXON VALDEZ oil spill dated March 1990”), and the environment, the economy, and the lifestyle and well-being of the people who are dependent on them, except that the Institute shall not conduct studies or make recommendations on any matter which is not directly related to the EXXON VALDEZ oil spill or the effects thereof. (c) Advisory Board.— (1) In general.— The policies of the Institute shall be determined by an advisory board, composed of 18 members appointed as follows: (A) One representative appointed by each of the Commissioners of Fish and Game, Environmental Conservation, Natural Resources, and Commerce and Economic Development of the State of Alaska, all of whom shall be State employees. (B) One representative appointed by each of— (i) the Secretaries of Commerce, the Interior, Agriculture, Transportation, and the Navy; and (ii) the Administrator of the Environmental Protection Agency; all of whom shall be Federal employees. (C) 4 representatives appointed by the Secretary of Commerce from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about fisheries, other local industries, the marine environment, wildlife, public health, safety, or education. At least 2 of the representatives shall be appointed from among residents of communities located in Prince William Sound. The Secretary shall appoint residents to serve terms of 2 years each, from a list of 8 qualified individuals to be submitted by the Governor of the State of Alaska based on recommendations made by the governing body of each affected community. Each affected community may submit the names of 2 qualified individuals for the Governor’s consideration. No more than 5 of the 8 qualified persons recommended by the Governor shall be members of the same political party. (D) 3 Alaska Natives who represent Native entities affected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, to serve terms of 2 years each from a list of 6 qualified individuals submitted by the Alaska Federation of Natives. (E) One nonvoting representative of the Institute of Marine Science. (F) One nonvoting representative appointed by the Prince William Sound Science and Technology Institute. (2) Chairman.— The representative of the Secretary of Commerce shall serve as Chairman of the Advisory Board. (3) Policies.— Policies determined by the Advisory Board under this subsection shall include policies for the conduct and support, through contracts and grants awarded on a nationally competitive basis, of research, projects, and studies to be sup-ported by the Institute in accordance with the purposes of this section. (d) Scientific and Technical Committee.— (1) In general.— The Advisory Board shall establish a scientific and technical committee, composed of specialists in matters relating to oil spill containment and cleanup technology, arctic and subarctic marine ecology, and the living resources and socioeconomics of Prince William Sound and its adjacent waters, from the University of Alaska, the Institute of Marine Science, the Prince William Sound Science and Technology Institute, and elsewhere in the academic community. (2) Functions.— The Scientific and Technical Committee shall provide such advice to the Advisory Board as the Advisory Board shall request, including recommendations regarding the conduct and support of research, projects, and studies in accordance with the purposes of this section. The Advisory Board shall not request, and the Committee shall not provide, any advice which is not directly related to the EXXON VALDEZ oil spill or the effects thereof. (e) Director.— The Institute shall be administered by a Director appointed by the Secretary of Commerce. The Prince William Sound Science and Technology Institute, the Advisory Board, and the Scientific and Technical Committee may each submit independent recommendations for the Secretary’s consideration for appointment as Director. The Director may hire such staff and incur such expenses on behalf of the Institute as are authorized by the Advisory Board. (f) Evaluation.— The Secretary of Commerce may conduct an ongoing evaluation of the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section. (g) Audit.— The Comptroller General of the United States, and any of his or her duly authorized representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Institute and its administering agency that are pertinent to the funds received and expended by the Institute and its administering agency. (h) Status of Employees.— Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose. (i) Termination.— The Institute shall terminate 10 years after the date of the enactment of this Act. (j) Use of Funds.— All funds authorized for the Institute shall be provided through the National Oceanic and Atmospheric Administration. No funds made available to carry out this section may be used to initiate litigation. No funds made available to carry out this section may be used for the acquisition of real property (including buildings) or construction of any building. No more than 20 percent of funds made available to carry out this section may be used to lease necessary facilities and to administer the Institute. None of the funds authorized by this section shall be used for any purpose other than the functions specified in subsection (b). (k) Research.— The Institute shall publish and make available to any person upon request the results of all research, educational, and demonstration projects conducted by the Institute. The Administrator shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Oceanic and Atmospheric Administration. (l) Definitions.— In this section, the term “Prince William Sound and its adjacent waters” means such sound and waters as generally depicted on the map entitled “EXXON VALDEZ oil spill dated March 1990”.Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(1) · 110 Stat. 3901
Struck · 33 U.S.C. § 2731(a)
Pub. L. 104–324, § 1102(a)(1), (2), struck out “to be administered by the Secretary of Commerce” after “as the ‘Institute’)”
Substituted · 33 U.S.C. § 2731(a)
Pub. L. 104–324, § 1102(a)(1), (2), substituted “located” for “and located”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–324, § 1102(a)(1), (2), struck out “to be administered by the Secretary of Commerce” after “as the ‘Institute’)” and substituted “located” for “and located”.Enacted provision · exact public law section
(1) by striking “to be administered by the Secretary of Commerce” in subsection (a);Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(3) · 110 Stat. 3901
Substituted · 33 U.S.C. § 2731(b)(2)
Pub. L. 104–324, § 1102(a)(3), substituted “Arctic or Subarctic oil spills” for “the EXXON VALDEZ oil spill” in two places
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 104–324, § 1102(a)(3), substituted “Arctic or Subarctic oil spills” for “the EXXON VALDEZ oil spill” in two places.Enacted provision · exact public law section
(3) by striking “the EXXON VALDEZ oil spill” each place it appears in subsection (b)(2) and inserting “Arctic or Subarctic oil spills”;Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(4) · 110 Stat. 3901
Substituted · 33 U.S.C. § 2731(c)(1)
Pub. L. 104–324, § 1102(a)(4), substituted “16” for “18” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 104–324, § 1102(a)(4), substituted “16” for “18” in introductory provisions.Enacted provision · exact public law section
(4) by striking “18” in subsection (c)(1) and inserting “16”;Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(5) · 110 Stat. 3901
Substituted · 33 U.S.C. § 2731(c)(1)(A)
Pub. L. 104–324, § 1102(a)(5), substituted “, and Natural Resources” for “, Natural Resources, and Commerce and Economic Development”
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 104–324, § 1102(a)(5), substituted “, and Natural Resources” for “, Natural Resources, and Commerce and Economic Development”.Enacted provision · exact public law section
(5) by striking “, Natural Resources, and Commerce and Economic Development” in subsection (c)(1)(A) and inserting a comma and “and Natural Resources”;Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(6) · 110 Stat. 3901
Added · 33 U.S.C. § 2731(c)(1)(B)
Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (B)
Struck · 33 U.S.C. § 2731(c)(1)(B)
Pub. L. 104–324, § 1102(a)(6), (8), struck out former subpar. (B) which read as follows: “One representative appointed by each of—
Source evidence
Code amendment note
Subsec. (c)(1)(B). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (B) and struck out former subpar. (B) which read as follows: “One representative appointed by each of—“(i) the Secretaries of Commerce, the Interior, Agriculture, Transportation, and the Navy; and “(ii) the Administrator of the Environmental Protection Agency; all of whom shall be Federal employees.”
Enacted provision · exact public law section
(6) by striking subsection (c)(1)(B), (C), and (D)Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(6) · 110 Stat. 3901
Added · 33 U.S.C. § 2731(c)(1)(C)
Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (C)
Struck · 33 U.S.C. § 2731(c)(1)(C)
Pub. L. 104–324, § 1102(a)(6), (8), struck out former subpar. (C) which read as follows: “4 representatives appointed by the Secretary of Commerce from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about fisheries, other local industries, the marine environment, wildlife, public health, safety, or education. At least 2 of the representatives shall be appointed from among residents of communities located in Prince William Sound. The Secretary shall appoint residents to serve terms of 2 years each, from a list of 8 qualified individuals to be submitted by the Governor of the State of Alaska based on recommendations made by the governing body of each affected community. Each affected community may submit the names of 2 qualified individuals for the Governor’s consideration. No more than 5 of the 8 qualified persons recommended by the Governor shall be members of the same political party.”
Source evidence
Code amendment note
Subsec. (c)(1)(C). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (C) and struck out former subpar. (C) which read as follows: “4 representatives appointed by the Secretary of Commerce from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about fisheries, other local industries, the marine environment, wildlife, public health, safety, or education. At least 2 of the representatives shall be appointed from among residents of communities located in Prince William Sound. The Secretary shall appoint residents to serve terms of 2 years each, from a list of 8 qualified individuals to be submitted by the Governor of the State of Alaska based on recommendations made by the governing body of each affected community. Each affected community may submit the names of 2 qualified individuals for the Governor’s consideration. No more than 5 of the 8 qualified persons recommended by the Governor shall be members of the same political party.”Enacted provision · exact public law section
(6) by striking subsection (c)(1)(B), (C), and (D)Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(6) · 110 Stat. 3901
Added · 33 U.S.C. § 2731(c)(1)(D)
Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (D)
Struck · 33 U.S.C. § 2731(c)(1)(D)
Pub. L. 104–324, § 1102(a)(6), (8), struck out former subpar. (D) which read as follows: “3 Alaska Natives who represent Native entities affected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, to serve terms of 2 years each from a list of 6 qualified individuals submitted by the Alaska Federation of Natives.”
Source evidence
Code amendment note
Subsec. (c)(1)(D). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (D) and struck out former subpar. (D) which read as follows: “3 Alaska Natives who represent Native entities affected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, to serve terms of 2 years each from a list of 6 qualified individuals submitted by the Alaska Federation of Natives.”Enacted provision · exact public law section
(6) by striking subsection (c)(1)(B), (C), and (D)Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(7) · 110 Stat. 3901
Added · 33 U.S.C. § 2731(c)(1)(E)(H)
Pub. L. 104–324, § 1102(a)(7), (8), added subpars. (E) and (F)
Redesignated · 33 U.S.C. § 2731(c)(1)(E)(H)
Pub. L. 104–324, § 1102(a)(7), (8), redesignated former subpars. (E) and (F) as (G) and (H), respectively
Source evidence
Code amendment note
Subsec. (c)(1)(E) to (H). Pub. L. 104–324, § 1102(a)(7), (8), added subpars. (E) and (F) and redesignated former subpars. (E) and (F) as (G) and (H), respectively.Enacted provision · exact public law section
(7) by redesignating subparagraphs (E) and (F) of subsection (c)(1) as subparagraphs (G) and (H), respectively;Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(9) · 110 Stat. 3901
Added · 33 U.S.C. § 2731(c)(4)
Pub. L. 104–324, § 1102(a)(9), added par. (4)
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 104–324, § 1102(a)(9), added par. (4).Enacted provision · exact public law section
(9) adding at the end of subsection (c) the following: “(4) Scientific review.— The Advisory Board may request a scientific review of the research program every five years by the National Academy of Sciences which shall perform the review, if requested, as part of its responsibilities under section 7001(b)(2).”;Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(10) · 110 Stat. 3901
Substituted · 33 U.S.C. § 2731(d)(2)
Pub. L. 104–324, § 1102(a)(10), substituted “Arctic or Subarctic oil spills” for “the EXXON VALDEZ oil spill”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 104–324, § 1102(a)(10), substituted “Arctic or Subarctic oil spills” for “the EXXON VALDEZ oil spill”.Enacted provision · exact public law section
(10) by striking “the EXXON VALDEZ oil spill” in subsection (d)(2) and inserting “Arctic or Subarctic oil spills”;Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(11) · 110 Stat. 3901
Substituted · 33 U.S.C. § 2731(e)
Pub. L. 104–324, § 1102(a)(11)–(13), substituted “appointed by the Advisory Board” for “appointed by the Secretary of Commerce”
Struck · 33 U.S.C. § 2731(e)
Pub. L. 104–324, § 1102(a)(11)–(13), struck out “, the Advisory Board,” after “Technology Institute”
Substituted · 33 U.S.C. § 2731(e)
Pub. L. 104–324, § 1102(a)(11)–(13), substituted “Advisory Board’s” for “Secretary’s”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–324, § 1102(a)(11)–(13), substituted “appointed by the Advisory Board” for “appointed by the Secretary of Commerce”, struck out “, the Advisory Board,” after “Technology Institute”, and substituted “Advisory Board’s” for “Secretary’s”.Enacted provision · exact public law section
(11) by striking “Secretary of Commerce” in subsection (e) and inserting “Advisory Board”;Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(14) · 110 Stat. 3901
Inserted · 33 U.S.C. § 2731(i)
Pub. L. 104–324, § 1102(a)(14), (15), inserted “authorization in section 2736(b) of this title providing funding for the” after “The”
Substituted · 33 U.S.C. § 2731(i)
Pub. L. 104–324, § 1102(a)(14), (15), substituted “October 19, 1996” for “August 18, 1990”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 104–324, § 1102(a)(14), (15), inserted “authorization in section 2736(b) of this title providing funding for the” after “The” and substituted “October 19, 1996” for “August 18, 1990”.Enacted provision · exact public law section
(14) by inserting “authorization in section 5006(b) providing funding for the” in subsection (i) after “The”;Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 1102(a)(16) · 110 Stat. 3901
Struck · 33 U.S.C. § 2731(j)
Pub. L. 104–324, § 1102(a)(16), (17), struck out first sentence which read as follows: “All funds authorized for the Institute shall be provided through the National Oceanic and Atmospheric Administration.”
Inserted · 33 U.S.C. § 2731(j)
Pub. L. 104–324, § 1102(a)(16), (17), inserted “The Advisory Board may compensate its Federal representatives for their reasonable travel costs.” after “Institute.”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 104–324, § 1102(a)(16), (17), struck out first sentence which read as follows: “All funds authorized for the Institute shall be provided through the National Oceanic and Atmospheric Administration.”, and inserted “The Advisory Board may compensate its Federal representatives for their reasonable travel costs.” after “Institute.”Enacted provision · exact public law section
(16) by striking the first sentence of subsection (j); andOmnibus Maritime and Coast Guard Improvements Act of 2002
Pub. L. 107–295 title IV § 427 · 116 Stat. 2064
Substituted · 33 U.S.C. § 2731(i)
Pub. L. 107–295 substituted “September 30, 2012” for “10 years after October 19, 1996”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 107–295 substituted “September 30, 2012” for “10 years after October 19, 1996”.Enacted provision · exact public law section
SEC. 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL RECOVERY INSTITUTE. Section 5001(i) of the Oil Pollution Act of 1990 (33 U.S.C. 2731(i)) is amended by striking “10 years” and all that follows through the period at the end and inserting “September 30, 2012.”.Energy Policy Act of 2005
Pub. L. 109–58 title III § 389(1) · 119 Stat. 594
Substituted · 33 U.S.C. § 2731(i)
Pub. L. 109–58 substituted “1 year after the date on which the Secretary, in consultation with the Secretary of the Interior, determines that oil and gas exploration, development, and production in the State of Alaska have ceased” for “September 30, 2012”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 109–58 substituted “1 year after the date on which the Secretary, in consultation with the Secretary of the Interior, determines that oil and gas exploration, development, and production in the State of Alaska have ceased” for “September 30, 2012”.Enacted provision · exact public law section
(1) 33 USC 2731. in section 5001(i), by striking “September 30, 2012” and inserting “1 year after the date on which the Secretary, in consultation with the Secretary of the Interior, determines that oil and gas exploration, development, and production in the State of Alaska have ceased”; andCoast Guard and Maritime Transportation Act of 2006
Pub. L. 109–241 title IX § 902 · 120 Stat. 516
Substituted · 33 U.S.C. § 2731(c)(1)(B)
Pub. L. 109–241 substituted “Commerce and the Interior and the Commandant of the Coast Guard,” for “Commerce, the Interior, and Transportation,”
Source evidence
Code amendment note
Subsec. (c)(1)(B). Pub. L. 109–241 substituted “Commerce and the Interior and the Commandant of the Coast Guard,” for “Commerce, the Interior, and Transportation,”.Enacted provision · exact public law section
SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF TRANSPORTATION AND DEPARTMENT OF TRANSPORTATION; RELATED MATTERS. (a) Government Organization.— Title 5, United States Code, is amended— (1) in section 101 by inserting “The Department of Homeland Security.” after and immediately below “The Department of Veterans Affairs.”; (2) in section 2902(b) by inserting “the Secretary of Homeland Security,” after “Secretary of the Interior,”; and (3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and 9001(10) by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (b) Financial Management.— Title 31, United States Code, is amended— (1) in section 3321(c)(3) by striking “of Transportation” and inserting “of Homeland Security.”; (2) in section 3325(b) by striking “of Transportation” and inserting “of Homeland Security”; (3) in section 3527(b)(1) by striking “of Transportation” each place it appears and inserting “of Homeland Security”; and (4) in section 3711(f)(2) by striking “of Transportation” and inserting “of Homeland Security”. (c) Public Contracts.— Section 3732 of the Revised Statutes (41 U.S.C. 11) is amended by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (d) Public Printing and Documents.— Sections 1308 and 1309 of title 44, United States Code, are amended by striking “Secretary of the Department of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”. (e) Shipping.— Title 46, United State Code, is amended— (1) in section 2109 by striking “a Coast Guard or”; (2) in section 6308— (A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (B) by striking subsection (a) and inserting the following: “(a) Notwithstanding any other provision of law, no part of a report of a marine casualty investigation conducted under section 6301 of this title, including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence or subject to discovery in any civil or administrative proceedings, other than an administrative proceeding initiated by the United States. “(b) Any member or employee of the Coast Guard investigating a marine casualty pursuant to section 6301 of this title shall not be subject to deposition or other discovery, or otherwise testify in such proceedings relevant to a marine casualty investigation, without the permission of the Secretary. The Secretary shall not withhold permission for such employee or member to testify, either orally or upon written questions, on solely factual matters at a time and place and in a manner acceptable to the Secretary if the information is not available elsewhere or is not obtainable by other means.” ; (3) in subsection (c), as redesignated by this section, by striking “subsection (a)” and inserting “subsections (a) and (b)”; and (4) in subsection (d), as redesignated by this section, by striking “subsections (a) and (b)” and inserting “subsections (a), (b), and (c)”. (f) Mortgage Insurance.— Section 222 of the National Housing Act of 1934 (12 U.S.C. 1715m) is amended by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (g) Arctic Research.— Section 107(b)(2) of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4106(b)(2)) is amended— (1) by redesignating subparagraphs (I) through (K) as subparagraphs (J) through (L), respectively; and (2) by inserting after subparagraph (H) the following: “(I) the Department of Homeland Security;” . (h) Conservation.— (1) Section 1029.— Section 1029(e)(2)(B) of the Bisti/De-Na-Zin Wilderness Expansion and Fossil Protection Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by striking “Secretary of Transportation, to represent the United States Coast Guard.” and inserting “Commandant of the Coast Guard”. (2) Section 312.— Section 312(c) of the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2441(c)) is amended by striking “of Transportation” and inserting “of Homeland Security”. (i) Internal Revenue Code of 1986.— Section 3122 of the Internal Revenue Code of 1986 (26 U.S.C. 3122) is amended by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the Department in which the Coast Guard is operating”. (j) Anchorage Grounds.— Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) is amended by striking “of Transportation” in each place it appears and inserting “of Homeland Security”. (k) Bridges.— Section 4 of the General Bridge Act of 1906 (33 U.S.C. 491) 33 USC 494. is amended by striking “of Transportation” and inserting “of Homeland Security”. (l) Oil Pollution.— The Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended— (1) in section 5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) by striking “Commerce, the Interior, and Transportation,” and inserting “Commerce and the Interior and the Commandant of the Coast Guard,”; (2) in section 5002(m)(4) (33 U.S.C. 2732(m)(4)) by striking “of Transportation.” and inserting “of the department in which the Coast Guard is operating.”; (3) in section 7001(a) (33 U.S.C. 2761(a)) by striking paragraph (3) and all that follows through the end of the subsection and inserting the following: “(3) Membership.— The Interagency Committee shall include representatives from the Coast Guard, the Department of Commerce (including the National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology), the Department of Energy, the Department of the Interior (including the Minerals Management Service and the United States Fish and Wildlife Service), the Department of Transportation (including the Maritime Administration and the Pipeline and Hazardous Materials Safety Administration), the Department of Defense (including the Army Corps of Engineers and the Navy), the Department of Homeland Security (including the United States Fire Administration in the Federal Emergency Management Agency), the Environmental Protection Agency, the National Aeronautics and Space Administration, and such other Federal agencies the President may designate. “(4) Chairman.— A representative of the Coast Guard shall serve as Chairman.” ; and (4) in section 7001(c)(6) (33 U.S.C. 2761(c)(6)) by striking “other such agencies in the Department of Transportation as the Secretary of Transportation may designate,” and inserting “such agencies as the President may designate,”. (m) Medical Care.— Section 1(g)(4)(B) of Public Law 87–693 (42 U.S.C. 2651(g)(4)(B)) is amended by striking “of Transportation,” and inserting “of Homeland Security,”. (n) Social Security Act.— Section 205(p)(3) of the Social Security Act (42 U.S.C. 405(p)(3)) is amended by striking “of Transportation” each place it appears and inserting “of Homeland Security”. (o) Merchant Marine Act, 1920.— Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883) is amended in the matter following the ninth proviso (pertaining to transportation of a foreign-flag incineration vessel) by striking “Satisfactory inspection shall be certified in writing by the Secretary of Transportation” and inserting “Satisfactory inspection shall be certified, in writing, by the Secretary of Homeland Security.”.
26 of 26 references resolved to an enrolled provision
Editorial Notes
Amendments1996–2006 · 4 rounds
2006
Subsec. (c)(1)(B). Pub. L. 109–241 substituted “Commerce and the Interior and the Commandant of the Coast Guard,” for “Commerce, the Interior, and Transportation,”.
2005
Subsec. (i). Pub. L. 109–58 substituted “1 year after the date on which the Secretary, in consultation with the Secretary of the Interior, determines that oil and gas exploration, development, and production in the State of Alaska have ceased” for “”.
2002
Subsec. (i). Pub. L. 107–295 substituted “” for “10 years after ”.
1996
Subsec. (a). Pub. L. 104–324, § 1102(a)(1), (2), struck out “to be administered by the Secretary of Commerce” after “as the ‘Institute’)” and substituted “located” for “and located”.
Subsec. (b)(2). Pub. L. 104–324, § 1102(a)(3), substituted “Arctic or Subarctic oil spills” for “the EXXON VALDEZ oil spill” in two places.
Subsec. (c)(1). Pub. L. 104–324, § 1102(a)(4), substituted “16” for “18” in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 104–324, § 1102(a)(5), substituted “, and Natural Resources” for “, Natural Resources, and Commerce and Economic Development”.
Subsec. (c)(1)(B). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (B) and struck out former subpar. (B) which read as follows: “One representative appointed by each of—
“(i) the Secretaries of Commerce, the Interior, Agriculture, Transportation, and the Navy; and
“(ii) the Administrator of the Environmental Protection Agency;
all of whom shall be Federal employees.”
Subsec. (c)(1)(C). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (C) and struck out former subpar. (C) which read as follows: “4 representatives appointed by the Secretary of Commerce from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about fisheries, other local industries, the marine environment, wildlife, public health, safety, or education. At least 2 of the representatives shall be appointed from among residents of communities located in Prince William Sound. The Secretary shall appoint residents to serve terms of 2 years each, from a list of 8 qualified individuals to be submitted by the Governor of the State of Alaska based on recommendations made by the governing body of each affected community. Each affected community may submit the names of 2 qualified individuals for the Governor’s consideration. No more than 5 of the 8 qualified persons recommended by the Governor shall be members of the same political party.”
Subsec. (c)(1)(D). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (D) and struck out former subpar. (D) which read as follows: “3 Alaska Natives who represent Native entities affected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, to serve terms of 2 years each from a list of 6 qualified individuals submitted by the Alaska Federation of Natives.”
Subsec. (c)(1)(E) to (H). Pub. L. 104–324, § 1102(a)(7), (8), added subpars. (E) and (F) and redesignated former subpars. (E) and (F) as (G) and (H), respectively.
Subsec. (c)(4). Pub. L. 104–324, § 1102(a)(9), added par. (4).
Subsec. (d)(2). Pub. L. 104–324, § 1102(a)(10), substituted “Arctic or Subarctic oil spills” for “the EXXON VALDEZ oil spill”.
Subsec. (e). Pub. L. 104–324, § 1102(a)(11)–(13), substituted “appointed by the Advisory Board” for “appointed by the Secretary of Commerce”, struck out “, the Advisory Board,” after “Technology Institute”, and substituted “Advisory Board’s” for “Secretary’s”.
Subsec. (i). Pub. L. 104–324, § 1102(a)(14), (15), inserted “authorization in section 2736(b) of this title providing funding for the” after “The” and substituted “” for “”.
Subsec. (j). Pub. L. 104–324, § 1102(a)(16), (17), struck out first sentence which read as follows: “All funds authorized for the Institute shall be provided through the National Oceanic and Atmospheric Administration.”, and inserted “The Advisory Board may compensate its Federal representatives for their reasonable travel costs.” after “Institute.”
Statutory Notes and Related Subsidiaries
Termination of Advisory Boards
Advisory boards established after , to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.