Title 33 — Navigation and Navigable Waters
Chapter 40 — Oil Pollution
§ 2738. North Pacific Marine Research Institute
Statutory text
Institute established
The Secretary of Commerce shall establish a North Pacific Marine Research Institute (hereafter in this section referred to as the “Institute”) to be administered at the Alaska SeaLife Center by the North Pacific Research Board.
Functions
The Institute shall—
conduct research and carry out education and demonstration projects on or relating to the North Pacific marine ecosystem with particular emphasis on marine mammal, sea bird, fish, and shellfish populations in the Bering Sea and Gulf of Alaska including populations located in or near Kenai Fjords National Park and the Alaska Maritime National Wildlife Refuge; and
lease, maintain, operate, and upgrade the necessary research equipment and related facilities necessary to conduct such research at the Alaska SeaLife Center.
Evaluation and audit
The Secretary of Commerce may periodically evaluate the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section. Chapter 10 of title 5 shall not apply to the Institute.
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.
Use of funds
No funds made available to carry out this section may be used to initiate litigation, or for the acquisition of real property (other than facilities leased at the Alaska SeaLife Center). No more than 10 percent of the funds made available to carry out subsection (b)(1) may be used to administer the Institute. The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 105–83 may be used to jointly administer such programs at the discretion of the North Pacific Research Board.
Availability of research
The Institute shall publish and make available to any person on request the results of all research, educational, and demonstration projects conducted by the Institute. The Institute shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Park Service, the United States Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration.
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 § 5008 · 104 Stat. 484
Enacted · 33 U.S.C. § 2738
Pub. L. 101–380, title V, § 5008, as added Pub. L. 106–246, div. B, title II, § 2204(1), July 13, 2000, 114 Stat. 546
Source evidence
Code source credit
Pub. L. 101–380, title V, § 5008, as added Pub. L. 106–246, div. B, title II, § 2204(1), July 13, 2000, 114 Stat. 546Consolidated Appropriations Act, 2001
Pub. L. 106–554 § 1(a)(4)(dB)(tI)(s144)(c)(1)(A) · 114 Stat. 2763
Inserted · 33 U.S.C. § 2738(c)
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(A)], inserted second sentence
Struck · 33 U.S.C. § 2738(c)
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(A)], struck out former second sentence which read as follows: “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 that are pertinent to the funds received and expended by the Institute.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(A)], inserted second sentence and struck out former second sentence which read as follows: “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 that are pertinent to the funds received and expended by the Institute.”Enacted provision · exact public law section
(4) H.R. 5666, as introduced on December 15, 2000, except that the text of H.R. 5666, as so enacted, shall not include section 123 (relating to the enactment of H.R. 4904).Consolidated Appropriations Act, 2001
Pub. L. 106–554 § 1(a)(4)(dB)(tI)(s144)(c)(1)(B) · 114 Stat. 2763
Inserted · 33 U.S.C. § 2738(e)
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(B)], inserted at end “The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 105–83 may be used to jointly administer such programs at the discretion of the North Pacific Research Board.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(B)], inserted at end “The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 105–83 may be used to jointly administer such programs at the discretion of the North Pacific Research Board.”Enacted provision · exact public law section
(4) H.R. 5666, as introduced on December 15, 2000, except that the text of H.R. 5666, as so enacted, shall not include section 123 (relating to the enactment of H.R. 4904).Pub. L. 117–286 § 4(a)(205) · 136 Stat. 4196
Substituted · 33 U.S.C. § 2738(c)
Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act”.Enacted provision · exact public law section
(205) Section 5008(c) of the Oil Pollution Act of 1990 (33 U.S.C. 2738(c)) is amended by striking “The Federal Advisory Committee Act (5 U.S.C. App. 2)” and inserting “Chapter 10 of title 5, United States Code,”.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Public Law 105–83, referred to in subsec. (e), is Pub. L. 105–83, , 111 Stat. 1543, known as the Department of the Interior and Related Agencies Appropriations Act, 1998. For complete classification of this Act to the Code, see Tables.
Amendments2000–2022 · 2 rounds
2022
Subsec. (c). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act”.
2000
Subsec. (c). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(A)], inserted second sentence and struck out former second sentence which read as follows: “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 that are pertinent to the funds received and expended by the Institute.”
Subsec. (e). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(B)], inserted at end “The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 105–83 may be used to jointly administer such programs at the discretion of the North Pacific Research Board.”
Credits
2000–2022 · 3 acts
- 2000Pub. L. 101–380, title V, § 5008, as added Pub. L. 106–246, div. B, title II, § 2204(1), , 114 Stat. 546
- 2000amended Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(A), (B)], , 114 Stat. 2763, 2763A–238, 2763A–239
- 2022Pub. L. 117–286, § 4(a)(205), , 136 Stat. 4328.
Show as published
(Pub. L. 101–380, title V, § 5008, as added Pub. L. 106–246, div. B, title II, § 2204(1), , 114 Stat. 546; amended Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(A), (B)], , 114 Stat. 2763, 2763A–238, 2763A–239; Pub. L. 117–286, § 4(a)(205), , 136 Stat. 4328.)