US Codex
U.S.C.
Notes

§2701. Definitions — Inbound Citations

33 U.S.C. § 2701

Cited by 872 provisions in release 119-102.

Citations to 33 U.S.C. § 2701 as a whole

  • 14 U.S.C. § 2508(b)(2)
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    (2) The term “discharge” has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).
  • 16 U.S.C. § 3957(d)(1)(C)
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    (C) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.);
  • 33 U.S.C. § 1321(c)(5)(B)
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    (B) the liability of a responsible party under the Oil Pollution Act of 1990 [33 U.S.C. 2701 et seq.].
  • 33 U.S.C. § 1321(c)(6)
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    (6) For purposes of this subsection, the term “responsible party” has the meaning given that term under section 1001 of the Oil Pollution Act of 1990 [33 U.S.C. 2701].
  • 33 U.S.C. § 1321(d)(2)(H)
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    (H) A system whereby the State or States affected by a discharge of oil or hazardous substance may act where necessary to remove such discharge and such State or States may be reimbursed in accordance with the Oil Pollution Act of 1990 [33 U.S.C. 2701 et seq.], in the case of any discharge of oil from a vessel or facility, for the reasonable costs incurred for that removal, from the Oil Spill Liability Trust Fund.
  • 33 U.S.C. § 1321(j)(5)(H)
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    (H) The owner or operator of a tank vessel, nontank vessel, offshore facility, or onshore facility may not claim as a defense to liability under title I of the Oil Pollution Act of 1990 [33 U.S.C. 2701 et seq.] that the owner or operator was acting in accordance with an approved response plan.
  • 33 U.S.C. § 1322(p)(1)(S)(ii)
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    (ii) The term “Pacific Region” includes the entire exclusive economic zone (as defined in section 2701 of this title) adjacent to each State described in clause (i)(I).
  • 43 U.S.C. § 1356a(e)(1)
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    (1) In response to a spill of national significance under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), at the request of a producing State or coastal political subdivision and notwithstanding the requirements of part 12 of title 43, Code of Federal Regulations (or a successor regulation), the Secretary may immediately disburse funds allocated under this section for 1 or more individual projects that are—
    (A) consistent with subsection (d); and
    (B) specifically designed to respond to the spill of national significance.
  • 43 U.S.C. § 1474b–1
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    Notwithstanding any other provision of law, any amounts appropriated or credited in fiscal year 1992 and thereafter, may be transferred to any account, including transfers to Federal trustees and payments to non-Federal trustees, to carry out the provisions of negotiated legal settlements or other legal actions for restoration activities and to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public Law 101–380) [33 U.S.C. 2701 et seq.], and subchapter II of chapter 1007 of title 54 for damage assessment activities: Provided further, That sums provided by any party heretofore and hereafter are not limited to monetary payments and may include stocks, bonds or other personal or real property, which may be retained, liquidated or otherwise disposed of by the Secretary and such sums, to remain available until expended, or properties shall be utilized for the restoration of injured resources, and to conduct new damage assessment activities.

Citations to §2701(1)

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Citations to §2701(5)

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Citations to §2701(8)

Citations to §2701(9)

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Citations to §2701(13)

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Citations to §2701(21)

Citations to §2701(22)

Citations to §2701(23)

  • 33 U.S.C. § 2702(a)
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    (a) Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident.
  • 33 U.S.C. § 2702(b)(2)(F)
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    (F) Damages for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil, which shall be recoverable by a State, or a political subdivision of a State.
  • 33 U.S.C. § 2703(a)
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    (a) A responsible party is not liable for removal costs or damages under section 2702 of this title if the responsible party establishes, by a preponderance of the evidence, that the discharge or substantial threat of a discharge of oil and the resulting damages or removal costs were caused solely by—
    (1) an act of God;
    (2) an act of war;
    (3) an act or omission of a third party, other than an employee or agent of the responsible party or a third party whose act or omission occurs in connection with any contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail), if the responsible party establishes, by a preponderance of the evidence, that the responsible party—
    (A) exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and
    (B) took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or
    (4) any combination of paragraphs (1), (2), and (3).
  • 33 U.S.C. § 2703(a)(3)(A)
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    (A) exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and
  • 33 U.S.C. § 2703(d)(1)(A)
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    (A) the real property on which the facility concerned is located was acquired by the responsible party after the placement of the oil on, in, or at the real property on which the facility concerned is located;
  • 33 U.S.C. § 2703(d)(2)(A)
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    (A) At the time the responsible party acquired the real property on which the facility is located the responsible party did not know and had no reason to know that oil that is the subject of the discharge or substantial threat of discharge was located on, in, or at the facility.
  • 33 U.S.C. § 2703(d)(4)(A)(ii)(III)
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    (III) prevent or limit any human, environmental, or natural resource exposure to any previously discharged oil.
  • 33 U.S.C. § 2703(d)(4)(C)(ii)
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    (ii) Interviews with past and present owners, operators, and occupants of the facility and the real property on which the facility is located for the purpose of gathering information regarding the potential for oil at the facility and on the real property on which the facility is located.
  • 33 U.S.C. § 2703(d)(4)(C)(v)
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    (v) Reviews of Federal, State, and local government records, waste disposal records, underground storage tank records, and waste handling, generation, treatment, disposal, and spill records, concerning oil at or near the facility and on the real property on which the facility is located.
  • 33 U.S.C. § 2703(d)(4)(C)(viii)
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    (viii) The relationship of the purchase price to the value of the facility and the real property on which the facility is located, if oil was not at the facility or on the real property.
  • 33 U.S.C. § 2703(d)(4)(C)(x)
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    (x) The degree of obviousness of the presence or likely presence of oil at the facility and on the real property on which the facility is located, and the ability to detect the oil by appropriate investigation.
  • 33 U.S.C. § 2703(d)(4)(D)(i)(II)
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    (II) the relationship of the purchase price to the value of the facility and the real property on which the facility is located, if the oil was not at the facility or on the real property;
  • 33 U.S.C. § 2703(d)(4)(D)(i)(IV)
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    (IV) the obviousness of the presence or likely presence of oil at the facility and on the real property on which the facility is located; and
  • 33 U.S.C. § 2703(d)(4)(D)(i)(V)
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    (V) the ability of the responsible party to detect oil by appropriate inspection.
  • 33 U.S.C. § 2703(d)(5)
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    (5) Nothing in this paragraph or in subsection (a)(3) shall diminish the liability of any previous owner or operator of such facility who would otherwise be liable under this Act. Notwithstanding this paragraph, if a responsible party obtained actual knowledge of the discharge or substantial threat of discharge of oil at such facility when the responsible party owned the facility and then subsequently transferred ownership of the facility or the real property on which the facility is located to another person without disclosing such knowledge, the responsible party shall be treated as liable under section 2702(a) of this title and no defense under subsection (a) shall be available to such responsible party.
  • 33 U.S.C. § 2703(d)(6)
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    (6) Nothing in this subsection shall affect the liability under this Act of a responsible party who, by any act or omission, caused or contributed to the discharge or substantial threat of discharge of oil which is the subject of the action relating to the facility.
  • 33 U.S.C. § 2704(b)(1)
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    (1) For purposes of determining the responsible party and applying this Act and except as provided in paragraph (2), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of oil on or above the surface of the water.
  • 33 U.S.C. § 2704(c)(3)
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    (3) Notwithstanding the limitations established under subsection (a) and the defenses of section 2703 of this title, all removal costs incurred by the United States Government or any State or local official or agency in connection with a discharge or substantial threat of a discharge of oil from any Outer Continental Shelf facility or a vessel carrying oil as cargo from such a facility shall be borne by the owner or operator of such facility or vessel.
  • 33 U.S.C. § 2704(c)(4)(A)
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    (A) a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2720 of this title; and
  • 33 U.S.C. § 2704(c)(4)(B)
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    (B) a tank vessel that is designated in its certificate of inspection as an oil spill response vessel (as that term is defined in section 2101 of title 46) and that is used solely for removal.
  • 33 U.S.C. § 2704(d)(1)
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    (1) Subject to paragraph (2), the President may establish by regulation, with respect to any class or category of onshore facility, a limit of liability under this section of less than $350,000,000, but not less than $8,000,000, taking into account size, storage capacity, oil throughput, proximity to sensitive areas, type of oil handled, history of discharges, and other factors relevant to risks posed by the class or category of facility.
  • 33 U.S.C. § 2704(d)(2)(A)
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    (A) The Secretary shall conduct a study of the relative operational and environmental risks posed by the transportation of oil by vessel to deepwater ports (as defined in section 1502 of this title) versus the transportation of oil by vessel to other ports. The study shall include a review and analysis of offshore lightering practices used in connection with that transportation, an analysis of the volume of oil transported by vessel using those practices, and an analysis of the frequency and volume of oil discharges which occur in connection with the use of those practices.
  • 33 U.S.C. § 2704(d)(2)(C)
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    (C) If the Secretary determines, based on the results of the study conducted under subparagraph (A), that the use of deepwater ports in connection with the transportation of oil by vessel results in a lower operational or environmental risk than the use of other ports, the Secretary shall initiate, not later than the 180th day following the date of submission of the report to the Congress under subparagraph (B), a rulemaking proceeding to lower the limits of liability under this section for deepwater ports as the Secretary determines appropriate. The Secretary may establish a limit of liability of less than $350,000,000, but not less than $50,000,000, in accordance with paragraph (1).
  • 33 U.S.C. § 2706(e)(1)
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    (1) The President, acting through the Under Secretary of Commerce for Oceans and Atmosphere and in consultation with the Administrator of the Environmental Protection Agency, the Director of the United States Fish and Wildlife Service, and the heads of other affected agencies, not later than 2 years after August 18, 1990, shall promulgate regulations for the assessment of natural resource damages under section 2702(b)(2)(A) of this title resulting from a discharge of oil for the purpose of this Act.
  • 33 U.S.C. § 2707(b)
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    (b) A foreign claimant may make a claim for removal costs and damages resulting from a discharge, or substantial threat of a discharge, of oil in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country, only if the discharge is from—
    (1) an Outer Continental Shelf facility or a deepwater port;
    (2) a vessel in the navigable waters;
    (3) a vessel carrying oil as cargo between 2 places in the United States; or
    (4) a tanker that received the oil at the terminal of the pipeline constructed under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), for transportation to a place in the United States, and the discharge or threat occurs prior to delivery of the oil to that place.
  • 33 U.S.C. § 2707(b)(3)
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    (3) a vessel carrying oil as cargo between 2 places in the United States; or
  • 33 U.S.C. § 2707(b)(4)
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    (4) a tanker that received the oil at the terminal of the pipeline constructed under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), for transportation to a place in the United States, and the discharge or threat occurs prior to delivery of the oil to that place.
  • 33 U.S.C. § 2708(a)
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    (a) The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 2713 of this title only if the responsible party demonstrates that—
    (1) the responsible party is entitled to a defense to liability under section 2703 of this title; or
    (2) the responsible party is entitled to a limitation of liability under section 2704 of this title.
  • 33 U.S.C. § 2711
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    The President shall consult with the affected trustees designated under section 2706 of this title on the appropriate removal action to be taken in connection with any discharge of oil. For the purposes of the National Contingency Plan, removal with respect to any discharge shall be considered completed when so determined by the President in consultation with the Governor or Governors of the affected States. However, this determination shall not preclude additional removal actions under applicable State law.
  • 33 U.S.C. § 2712(a)(3)
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    (3) the payment of removal costs determined by the President to be consistent with the National Contingency Plan as a result of, and damages resulting from, a discharge, or a substantial threat of a discharge, of oil from a foreign offshore unit;
  • 33 U.S.C. § 2712(a)(5)
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    (5) the payment of Federal administrative, operational, and personnel costs and expenses reasonably necessary for and incidental to the implementation, administration, and enforcement of this Act (including, but not limited to, sections 1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, and title VII) and subsections (b), (c), (d), (j), and (l) of section 1321 of this title with respect to prevention, removal, and enforcement related to oil discharges, provided that—
    (A) not more than $25,000,000 in each fiscal year shall be available to the Secretary for operations and support incurred by the Coast Guard;
    (B) not more than $15,000,000 in each fiscal year shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred by, and activities related to, response and damage assessment capabilities of the National Oceanic and Atmospheric Administration;
    (C) not more than $30,000,000 each year through the end of fiscal year 1992 shall be available to establish the National Response System under section 1321(j) of this title, including the purchase and prepositioning of oil spill removal equipment; and
    (D) not more than $27,250,000 in each fiscal year shall be available to carry out subchapter IV of this chapter.
  • 33 U.S.C. § 2712(a)(5)(C)
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    (C) not more than $30,000,000 each year through the end of fiscal year 1992 shall be available to establish the National Response System under section 1321(j) of this title, including the purchase and prepositioning of oil spill removal equipment; and
  • 33 U.S.C. § 2712(i)(1)
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    (1) In the expenditure of Federal funds for removal of oil, including for distribution of supplies, construction, and other reasonable and appropriate activities, under a contract or agreement with a private person, preference shall be given, to the extent feasible and practicable, to private persons residing or doing business primarily in the area affected by the discharge of oil.
  • 33 U.S.C. § 2713(b)(1)(D)
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    (D) by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under section 2712(a) of this title.
  • 33 U.S.C. § 2715(c)
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    (c) At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney’s fees. Such an action may be commenced against any responsible party or (subject to section 2716 of this title) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the discharge, or substantial threat of discharge, of oil from a foreign offshore unit or other facility located seaward of the exclusive economic zone.
  • 33 U.S.C. § 2716(a)(1)
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    (1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States;
  • 33 U.S.C. § 2716(a)(2)
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    (2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or
  • 33 U.S.C. § 2716(c)(1)(A)(ii)
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    (ii) is used for exploring for, drilling for, producing, or transporting oil from facilities engaged in oil exploration, drilling, or production; and
  • 33 U.S.C. § 2716(c)(1)(A)(iii)
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    (iii) has a worst-case oil spill discharge potential of more than 1,000 barrels of oil (or a lesser amount if the President determines that the risks posed by such facility justify it),
  • 33 U.S.C. § 2716(c)(1)(C)
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    (C) If the President determines that an amount of financial responsibility for a responsible party greater than the amount required by subparagraph (B) is justified based on the relative operational, environmental, human health, and other risks posed by the quantity or quality of oil that is explored for, drilled for, produced, or transported by the responsible party, the evidence of financial responsibility required shall be for an amount determined by the President not exceeding $150,000,000.
  • 33 U.S.C. § 2718(a)(1)(A)
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    (A) the discharge of oil or other pollution by oil within such State; or
  • 33 U.S.C. § 2718(b)(1)
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    (1) to establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or
  • 33 U.S.C. § 2718(c)
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    (c) Nothing in this Act, chapter 305 of title 46, or section 9509 of title 26, shall in any way affect, or be construed to affect, the authority of the United States or any State or political subdivision thereof—
    (1) to impose additional liability or additional requirements; or
    (2) to impose, or to determine the amount of, any fine or penalty (whether criminal or civil in nature) for any violation of law;
    relating to the discharge, or substantial threat of a discharge, of oil.
  • 33 U.S.C. § 2720(a)
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    (a) Except as provided in subsection (c), in issuing or enforcing any regulation or establishing any interpretation or guideline relating to the transportation, storage, discharge, release, emission, or disposal of a fat, oil, or grease under any Federal law, the head of that Federal agency shall—
    (1) differentiate between and establish separate classes for—
    (A) animal fats and oils and greases, and fish and marine mammal oils, within the meaning of paragraph (2) of section 61(a) of title 13, and oils of vegetable origin, including oils from the seeds, nuts, and kernels referred to in paragraph (1)(A) of that section; and
    (B) other oils and greases, including petroleum; and
    (2) apply standards to different classes of fats and oils based on considerations in subsection (b).
  • 33 U.S.C. § 2720(a)(1)(A)
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    (A) animal fats and oils and greases, and fish and marine mammal oils, within the meaning of paragraph (2) of section 61(a) of title 13, and oils of vegetable origin, including oils from the seeds, nuts, and kernels referred to in paragraph (1)(A) of that section; and
  • 33 U.S.C. § 2720(a)(1)(B)
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    (B) other oils and greases, including petroleum; and
  • 33 U.S.C. § 2720(a)(2)
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    (2) apply standards to different classes of fats and oils based on considerations in subsection (b).
  • 33 U.S.C. § 2720(b)
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    (b) In differentiating between the class of fats, oils, and greases described in subsection (a)(1)(A) and the class of oils and greases described in subsection (a)(1)(B), the head of the Federal agency shall consider differences in the physical, chemical, biological, and other properties, and in the environmental effects, of the classes.
  • 33 U.S.C. § 2731(a)
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    (a) 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.
  • 33 U.S.C. § 2731(b)(1)
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    (1) identify and develop the best available techniques, equipment, and materials for dealing with oil spills in the arctic and subarctic marine environment; and
  • 33 U.S.C. § 2731(b)(2)
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    (2) 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.
  • 33 U.S.C. § 2731(c)(1)(C)
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    (C) 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.
  • 33 U.S.C. § 2731(c)(1)(D)
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    (D) 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.
  • 33 U.S.C. § 2731(c)(1)(E)
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    (E) 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.
  • 33 U.S.C. § 2731(c)(1)(F)
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    (F) 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.
  • 33 U.S.C. § 2731(d)(1)
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    (1) 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.
  • 33 U.S.C. § 2731(d)(2)
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    (2) 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.
  • 33 U.S.C. § 2731(i)
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    (i) 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.
  • 33 U.S.C. § 2731(l)
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    (l) 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”.
  • 33 U.S.C. § 2732(a)(1)
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    (1) This section may be cited as the “Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990”.
  • 33 U.S.C. § 2732(a)(2)(A)
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    (A) the March 24, 1989, grounding and rupture of the fully loaded oil tanker, the EXXON VALDEZ, spilled 11 million gallons of crude oil in Prince William Sound, an environmentally sensitive area;
  • 33 U.S.C. § 2732(a)(2)(B)
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    (B) many people believe that complacency on the part of the industry and government personnel responsible for monitoring the operation of the Valdez terminal and vessel traffic in Prince William Sound was one of the contributing factors to the EXXON VALDEZ oil spill;
  • 33 U.S.C. § 2732(a)(2)(C)
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    (C) one way to combat this complacency is to involve local citizens in the process of preparing, adopting, and revising oil spill contingency plans;
  • 33 U.S.C. § 2732(a)(2)(D)
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    (D) a mechanism should be established which fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals;
  • 33 U.S.C. § 2732(a)(2)(G)
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    (G) the present system of regulation and oversight of crude oil terminals in the United States has degenerated into a process of continual mistrust and confrontation;
  • 33 U.S.C. § 2732(a)(2)(J)
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    (J) similar programs should eventually be established in other major crude oil terminals in the United States because the recent oil spills in Texas, Delaware, and Rhode Island indicate that the safe transportation of crude oil is a national problem.
  • 33 U.S.C. § 2732(b)(1)
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    (1) There are established 2 Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Demonstration Programs (hereinafter referred to as “Programs”) to be carried out in the State of Alaska.
  • 33 U.S.C. § 2732(b)(3)
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    (3) The Prince William Sound Program shall be responsible for environmental monitoring of the terminal facilities in Prince William Sound and the crude oil tankers operating in Prince William Sound. The Cook Inlet Program shall be responsible for environmental monitoring of the terminal facilities and crude oil tankers operating in Cook Inlet located South of the latitude at Point Possession and North of the latitude at Amatuli Island, including offshore facilities in Cook Inlet.
  • 33 U.S.C. § 2732(c)(1)
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    (1) There is established an Oil Terminal Facilities and Oil Tanker Operations Association (hereinafter in this section referred to as the “Association”) for each of the Programs established under subsection (b).
  • 33 U.S.C. § 2732(c)(2)(B)
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    (B) One individual shall be designated by the owners and operators of the crude oil tankers calling at the terminal facilities and shall represent those owners and operators.
  • 33 U.S.C. § 2732(c)(3)
    Go to provision →
    (3) Each Association shall be responsible for reviewing policies relating to the operation and maintenance of the oil terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of their respective terminals. Each Association shall provide a forum among the owners and operators of the terminal facilities, the owners and operators of crude oil tankers calling at those facilities, the United States, and the State of Alaska to discuss and to make recommendations concerning all permits, plans, and site-specific regulations governing the activities and actions of the terminal facilities which affect or may affect the environment in the vicinity of the terminal facilities and of crude oil tankers calling at those facilities.
  • 33 U.S.C. § 2732(d)(3)(A)
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    (A) The term of the Councils shall continue throughout the life of the operation of the Trans-Alaska Pipeline System and so long as oil is transported to or from Cook Inlet.
  • 33 U.S.C. § 2732(d)(6)(A)
    Go to provision →
    (A) provide advice and recommendations to the Association on policies, permits, and site-specific regulations relating to the operation and maintenance of terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of the terminal facilities;
  • 33 U.S.C. § 2732(d)(6)(B)
    Go to provision →
    (B) monitor through the committee established under subsection (e), the environmental impacts of the operation of the terminal facilities and crude oil tankers;
  • 33 U.S.C. § 2732(d)(6)(C)
    Go to provision →
    (C) monitor those aspects of terminal facilities’ and crude oil tankers’ operations and maintenance which affect or may affect the environment in the vicinity of the terminal facilities;
  • 33 U.S.C. § 2732(d)(6)(D)
    Go to provision →
    (D) review through the committee established under subsection (f), the adequacy of oil spill prevention and contingency plans for the terminal facilities and the adequacy of oil spill prevention and contingency plans for crude oil tankers, operating in Prince William Sound or in Cook Inlet;
  • 33 U.S.C. § 2732(d)(6)(F)(i)
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    (i) standards and stipulations for permits and site-specific regulations intended to minimize the impact of the terminal facilities’ and crude oil tankers’ operations in the vicinity of the terminal facilities;
  • 33 U.S.C. § 2732(d)(6)(F)(ii)
    Go to provision →
    (ii) modifications of terminal facility operations and maintenance intended to minimize the risk and mitigate the impact of terminal facilities, operations in the vicinity of the terminal facilities and to minimize the risk of oil spills;
  • 33 U.S.C. § 2732(d)(6)(F)(iii)
    Go to provision →
    (iii) modifications of crude oil tanker operations and maintenance in Prince William Sound and Cook Inlet intended to minimize the risk and mitigate the impact of oil spills; and
  • 33 U.S.C. § 2732(d)(6)(F)(iv)
    Go to provision →
    (iv) modifications to the oil spill prevention and contingency plans for terminal facilities and for crude oil tankers in Prince William Sound and Cook Inlet intended to enhance the ability to prevent and respond to an oil spill; and
  • 33 U.S.C. § 2732(d)(8)
    Go to provision →
    (8) In carrying out its research, development and monitoring functions, each Council is authorized to conduct its own scientific research and shall review the scientific work undertaken by or on behalf of the terminal operators or crude oil tanker operators as a result of a legal requirement to undertake that work. Each Council shall also review the relevant scientific work undertaken by or on behalf of any government entity relating to the terminal facilities or crude oil tankers. To the extent possible, to avoid unnecessary duplication, each Council shall coordinate its independent scientific work with the scientific work performed by or on behalf of the terminal operators and with the scientific work performed by or on behalf of the operators of the crude oil tankers.
  • 33 U.S.C. § 2732(e)(1)
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    (1) Each Council shall establish a standing Terminal and Oil Tanker Operations and Environmental Monitoring Committee (hereinafter in this section referred to as the “Monitoring Committee”) to devise and manage a comprehensive program of monitoring the environmental impacts of the operations of terminal facilities and of crude oil tankers while operating in Prince William Sound and Cook Inlet. The membership of the Monitoring Committee shall be made up of members of the Council, citizens, and recognized scientific experts selected by the Council.
  • 33 U.S.C. § 2732(e)(2)(A)
    Go to provision →
    (A) advise the Council on a monitoring strategy that will permit early detection of environmental impacts of terminal facility operations and crude oil tanker operations while in Prince William Sound and Cook Inlet;
  • 33 U.S.C. § 2732(f)(1)
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    (1) Each Council shall establish a standing technical committee (hereinafter referred to as “Oil Spill Committee”) to review and assess measures designed to prevent oil spills and the planning and preparedness for responding to, containing, cleaning up, and mitigating impacts of oil spills. The membership of the Oil Spill Committee shall be made up of members of the Council, citizens, and recognized technical experts selected by the Council.
  • 33 U.S.C. § 2732(f)(2)
    Go to provision →
    (2) In fulfilling its responsibilities, the Oil Spill Committee shall—
    (A) periodically review the respective oil spill prevention and contingency plans for the terminal facilities and for the crude oil tankers while in Prince William Sound or Cook Inlet, in light of new technological developments and changed circumstances;
    (B) monitor periodic drills and testing of the oil spill contingency plans for the terminal facilities and for crude oil tankers while in Prince William Sound and Cook Inlet;
    (C) study wind and water currents and other environmental factors in the vicinity of the terminal facilities which may affect the ability to prevent, respond to, contain, and clean up an oil spill;
    (D) identify highly sensitive areas which may require specific protective measures in the event of a spill in Prince William Sound or Cook Inlet;
    (E) monitor developments in oil spill prevention, containment, response, and cleanup technology;
    (F) periodically review port organization, operations, incidents, and the adequacy and maintenance of vessel traffic service systems designed to assure safe transit of crude oil tankers pertinent to terminal operations;
    (G) periodically review the standards for tankers bound for, loading at, exiting from, or otherwise using the terminal facilities;
    (H) complete any other tasks assigned by the Council; and
    (I) provide written reports to the Council outlining its findings and recommendations.
  • 33 U.S.C. § 2732(f)(2)(A)
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    (A) periodically review the respective oil spill prevention and contingency plans for the terminal facilities and for the crude oil tankers while in Prince William Sound or Cook Inlet, in light of new technological developments and changed circumstances;
  • 33 U.S.C. § 2732(f)(2)(B)
    Go to provision →
    (B) monitor periodic drills and testing of the oil spill contingency plans for the terminal facilities and for crude oil tankers while in Prince William Sound and Cook Inlet;
  • 33 U.S.C. § 2732(f)(2)(C)
    Go to provision →
    (C) study wind and water currents and other environmental factors in the vicinity of the terminal facilities which may affect the ability to prevent, respond to, contain, and clean up an oil spill;
  • 33 U.S.C. § 2732(f)(2)(E)
    Go to provision →
    (E) monitor developments in oil spill prevention, containment, response, and cleanup technology;
  • 33 U.S.C. § 2732(f)(2)(F)
    Go to provision →
    (F) periodically review port organization, operations, incidents, and the adequacy and maintenance of vessel traffic service systems designed to assure safe transit of crude oil tankers pertinent to terminal operations;
  • 33 U.S.C. § 2732(k)(1)
    Go to provision →
    (1) Approval of the contingency plans required of owners and operators of the Cook Inlet and Prince William Sound terminal facilities and crude oil tankers while operating in Alaskan waters in commerce with those terminal facilities shall be effective only so long as the respective Association and Council for a facility are funded pursuant to paragraph (2).
  • 33 U.S.C. § 2732(k)(2)
    Go to provision →
    (2) The owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound shall provide, on an annual basis, an aggregate amount of not more than $2,000,000, as determined by the Secretary. Such amount—
    (A) shall provide for the establishment and operation on the environmental oversight and monitoring program in Prince William Sound;
    (B) shall be adjusted annually by the Anchorage Consumer Price Index; and
    (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound and the Prince William Sound terminal facilities Council.
  • 33 U.S.C. § 2732(k)(2)(C)
    Go to provision →
    (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound and the Prince William Sound terminal facilities Council.
  • 33 U.S.C. § 2732(k)(3)
    Go to provision →
    (3) The owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet shall provide, on an annual basis, an aggregate amount of not less than $1,400,000, as determined by the Secretary. Such amount—
    (A) shall provide for the establishment and operation of the environmental oversight and monitoring program in Cook Inlet;
    (B) shall be adjusted annually by the Anchorage Consumer Price Index; and
    (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet and the Cook Inlet Council.
  • 33 U.S.C. § 2732(k)(3)(C)
    Go to provision →
    (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet and the Cook Inlet Council.
  • 33 U.S.C. § 2732(m)(1)(A)
    Go to provision →
    (A) in the case of the Prince William Sound Program, the entire oil terminal complex located in Valdez, Alaska, consisting of approximately 1,000 acres including all buildings, docks (except docks owned by the City of Valdez if those docks are not used for loading of crude oil), pipes, piping, roads, ponds, tanks, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, vehicles, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex; and
  • 33 U.S.C. § 2732(m)(1)(B)
    Go to provision →
    (B) in the case of the Cook Inlet Program, the entire oil terminal complex including all buildings, docks, pipes, piping, roads, ponds, tanks, vessels, vehicles, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, emergency spill response vessels owned or operated by the operator of the terminal, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex;
  • 33 U.S.C. § 2732(m)(2)
    Go to provision →
    (2) “crude oil tanker” means a tanker (as that term is defined under section 2101 of title 46)—
    (A) in the case of the Prince William Sound Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries, operating north of Middleston Island and bound for or exiting from Prince William Sound; and
    (B) in the case of the Cook Inlet Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries and operating in Cook Inlet and the Gulf of Alaska north of Amatuli Island, including tankers transiting to Cook Inlet from Prince William Sound;
  • 33 U.S.C. § 2732(m)(2)(A)
    Go to provision →
    (A) in the case of the Prince William Sound Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries, operating north of Middleston Island and bound for or exiting from Prince William Sound; and
  • 33 U.S.C. § 2732(m)(2)(B)
    Go to provision →
    (B) in the case of the Cook Inlet Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries and operating in Cook Inlet and the Gulf of Alaska north of Amatuli Island, including tankers transiting to Cook Inlet from Prince William Sound;
  • 33 U.S.C. § 2732(n)(1)
    Go to provision →
    (1) Nothing in this section shall be construed as modifying, repealing, superseding, or preempting any municipal, State or Federal law or regulation, or in any way affecting litigation arising from oil spills or the rights and responsibilities of the United States or the State of Alaska, or municipalities thereof, to preserve and protect the environment through regulation of land, air, and water uses, of safety, and of related development. The monitoring provided for by this section shall be designed to help assure compliance with applicable laws and regulations and shall only extend to activities—
    (A) that would affect or have the potential to affect the vicinity of the terminal facilities and the area of crude oil tanker operations included in the Programs; and
    (B) are subject to the United States or State of Alaska, or municipality thereof, law, regulation, or other legal requirement.
  • 33 U.S.C. § 2732(n)(1)(A)
    Go to provision →
    (A) that would affect or have the potential to affect the vicinity of the terminal facilities and the area of crude oil tanker operations included in the Programs; and
  • 33 U.S.C. § 2732(o)(2)
    Go to provision →
    (2) With respect to the Cook Inlet Program, the terminal facilities, offshore facilities, or crude oil tanker owners and operators enter into a contract with a voluntary advisory organization to fund that organization on an annual basis and the President annually certifies that the organization fosters the general goals and purposes of this section and is broadly representative of the communities and interests in the vicinity of the terminal facilities and Cook Inlet.
  • 33 U.S.C. § 2734(1)
    Go to provision →
    (1) acquire, install, and operate such additional equipment (which may consist of radar, closed circuit television, satellite tracking systems, or other shipboard dependent surveillance), train and locate such personnel, and issue such final regulations as are necessary to increase the range of the existing VTS system in the Port of Valdez, Alaska, sufficiently to track the locations and movements of tank vessels carrying oil from the Trans-Alaska Pipeline when such vessels are transiting Prince William Sound, Alaska, and to sound an audible alarm when such tankers depart from designated navigation routes; and
  • 33 U.S.C. § 2735(a)(1)
    Go to provision →
    (1) prepositioned oil spill containment and removal equipment in communities and other strategic locations within the geographic boundaries of Prince William Sound, including escort vessels with skimming capability; barges to receive recovered oil; heavy duty sea boom, pumping, transferring, and lightering equipment; and other appropriate removal equipment for the protection of the environment, including fish hatcheries;
  • 33 U.S.C. § 2735(a)(2)
    Go to provision →
    (2) the establishment of an oil spill removal organization at appropriate locations in Prince William Sound, consisting of trained personnel in sufficient numbers to immediately remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is greater;
  • 33 U.S.C. § 2735(a)(3)
    Go to provision →
    (3) training in oil removal techniques for local residents and individuals engaged in the cultivation or production of fish or fish products in Prince William Sound;
  • 33 U.S.C. § 2736(b)
    Go to provision →
    (b) The amount of funding to be made available annually to carry out section 2731 of this title shall be the interest produced by the Fund’s investment of the $22,500,000 remaining funding authorized for the Prince William Sound Oil Spill Recovery Institute and currently deposited in the Fund and invested by the Secretary of the Treasury in income producing securities along with other funds comprising the Fund. The National Pollution Funds Center shall transfer all such accrued interest, including the interest earned from the date funds in the Trans-Alaska Liability Pipeline Fund were transferred into the Oil Spill Liability Trust Fund pursuant to section 8102(a)(2)(B)(ii), to the Prince William Sound Oil Spill Recovery Institute annually, beginning 60 days after October 19, 1996.
  • 33 U.S.C. § 2736(c)
    Go to provision →
    (c) Beginning 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, the funding authorized for the Prince William Sound Oil Spill Recovery Institute and deposited in the Fund shall thereafter be made available for purposes of section 2712 of this title in Alaska.
  • 33 U.S.C. § 2737
    Go to provision →
    Notwithstanding any other law, tank vessels that have spilled more than 1,000,000 gallons of oil into the marine environment after March 22, 1989, are prohibited from operating on the navigable waters of Prince William Sound, Alaska.
  • 33 U.S.C. § 2761(a)(4)
    Go to provision →
    (4) the term “Interagency Committee” means the Interagency Coordinating Committee on Oil Pollution Research established under subsection (b);
  • 33 U.S.C. § 2761(b)(1)
    Go to provision →
    (1) There is established an Interagency Coordinating Committee on Oil Pollution Research.
  • 33 U.S.C. § 2761(b)(2)
    Go to provision →
    (2) The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research.
  • 33 U.S.C. § 2761(d)(1)(A)
    Go to provision →
    (A) coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, States, Indian tribes, and other countries, as appropriate; and
  • 33 U.S.C. § 2761(d)(2)(A)
    Go to provision →
    (A) Not later than 180 days after January 1, 2021, the Interagency Committee shall submit to Congress a research plan to report on the state of oil discharge prevention and response capabilities that—
    (i) identifies current research programs conducted by Federal agencies, States, Indian tribes, 4-year institutions of higher education, and corporate entities;
    (ii) assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment;
    (iii) identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges;
    (iv) establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;
    (v) assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil;
    (vi) estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection (e), and timetables for completing research tasks;
    (vii) summarizes research on response equipment in varying environmental conditions, such as in currents, ice cover, and ice floes; and
    (viii) includes such other information or recommendations as the Interagency Committee determines to be appropriate.
  • 33 U.S.C. § 2761(d)(2)(A)(ii)
    Go to provision →
    (ii) assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment;
  • 33 U.S.C. § 2761(d)(2)(A)(iii)
    Go to provision →
    (iii) identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges;
  • 33 U.S.C. § 2761(d)(2)(A)(iv)
    Go to provision →
    (iv) establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;
  • 33 U.S.C. § 2761(d)(2)(A)(v)
    Go to provision →
    (v) assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil;
  • 33 U.S.C. § 2761(d)(2)(A)(vi)
    Go to provision →
    (vi) estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection (e), and timetables for completing research tasks;
  • 33 U.S.C. § 2761(e)(1)
    Go to provision →
    (1) The Interagency Committee shall coordinate the establishment, by the agencies represented on the Interagency Committee, of a program for conducting oil pollution research, technology, and development, as provided in this subsection.
  • 33 U.S.C. § 2761(e)(2)
    Go to provision →
    (2) The program established under paragraph (1) shall provide for research, development, and demonstration of new or improved technologies and methods that are effective in preventing, mitigating, or restoring damage from oil discharges and that protect the environment, including—
    (A) development of improved designs for vessels and facilities, and improved operational practices;
    (B) research, development, and demonstration of improved technologies to measure the ullage of a vessel tank, prevent discharges from tank vents, prevent discharges during lightering and bunkering operations, contain discharges on the deck of a vessel, prevent discharges through the use of vacuums in tanks, and otherwise contain discharges of oil from vessels and facilities;
    (C) research, development, and demonstration of new or improved systems of mechanical, chemical, biological, and other methods (including the use of dispersants, solvents, and bioremediation) for the recovery, removal, and disposal of oil, including evaluation of the environmental effects of the use of such systems;
    (D) research and training, in consultation with the National Response Team, to improve industry’s and Government’s ability to quickly and effectively remove an oil discharge, including the long-term use, as appropriate, of the National Spill Control School in Corpus Christi, Texas, and the Center for Marine Training and Safety in Galveston, Texas;
    (E) research to improve information systems for decisionmaking, including the use of data from coastal mapping, baseline data, and other data related to the environmental effects of oil discharges, and cleanup technologies;
    (F) development of technologies and methods to protect public health and safety from oil discharges, including the population directly exposed to an oil discharge;
    (G) development of technologies, methods, and standards for protecting removal personnel, including training, adequate supervision, protective equipment, maximum exposure limits, and decontamination procedures;
    (H) research and development of methods to restore and rehabilitate natural resources damaged by oil discharges;
    (I) research to evaluate the relative effectiveness and environmental impacts of bio­remediation technologies; and
    (J) the demonstration of a satellite-based, dependent surveillance vessel traffic system in Narragansett Bay to evaluate the utility of such system in reducing the risk of oil discharges from vessel collisions and groundings in confined waters.
  • 33 U.S.C. § 2761(e)(2)(B)
    Go to provision →
    (B) research, development, and demonstration of improved technologies to measure the ullage of a vessel tank, prevent discharges from tank vents, prevent discharges during lightering and bunkering operations, contain discharges on the deck of a vessel, prevent discharges through the use of vacuums in tanks, and otherwise contain discharges of oil from vessels and facilities;
  • 33 U.S.C. § 2761(e)(2)(C)
    Go to provision →
    (C) research, development, and demonstration of new or improved systems of mechanical, chemical, biological, and other methods (including the use of dispersants, solvents, and bioremediation) for the recovery, removal, and disposal of oil, including evaluation of the environmental effects of the use of such systems;
  • 33 U.S.C. § 2761(e)(2)(D)
    Go to provision →
    (D) research and training, in consultation with the National Response Team, to improve industry’s and Government’s ability to quickly and effectively remove an oil discharge, including the long-term use, as appropriate, of the National Spill Control School in Corpus Christi, Texas, and the Center for Marine Training and Safety in Galveston, Texas;
  • 33 U.S.C. § 2761(e)(2)(E)
    Go to provision →
    (E) research to improve information systems for decisionmaking, including the use of data from coastal mapping, baseline data, and other data related to the environmental effects of oil discharges, and cleanup technologies;
  • 33 U.S.C. § 2761(e)(2)(F)
    Go to provision →
    (F) development of technologies and methods to protect public health and safety from oil discharges, including the population directly exposed to an oil discharge;
  • 33 U.S.C. § 2761(e)(2)(H)
    Go to provision →
    (H) research and development of methods to restore and rehabilitate natural resources damaged by oil discharges;
  • 33 U.S.C. § 2761(e)(2)(J)
    Go to provision →
    (J) the demonstration of a satellite-based, dependent surveillance vessel traffic system in Narragansett Bay to evaluate the utility of such system in reducing the risk of oil discharges from vessel collisions and groundings in confined waters.
  • 33 U.S.C. § 2761(e)(3)
    Go to provision →
    (3) The program established under paragraph (1) shall provide for oil pollution prevention and mitigation technology evaluation including—
    (A) the evaluation and testing of technologies developed independently of the research and development program established under paragraph (1);
    (B) the establishment, where appropriate, of standards and testing protocols traceable to national standards to measure the performance of oil pollution prevention or mitigation technologies; and
    (C) the use, where appropriate, of controlled field testing to evaluate real-world application of oil discharge prevention or mitigation technologies.
  • 33 U.S.C. § 2761(e)(3)(B)
    Go to provision →
    (B) the establishment, where appropriate, of standards and testing protocols traceable to national standards to measure the performance of oil pollution prevention or mitigation technologies; and
  • 33 U.S.C. § 2761(e)(3)(C)
    Go to provision →
    (C) the use, where appropriate, of controlled field testing to evaluate real-world application of oil discharge prevention or mitigation technologies.
  • 33 U.S.C. § 2761(e)(4)(A)
    Go to provision →
    (A) The Committee shall establish a research program to monitor and evaluate the environmental effects of acute and chronic oil discharges on coastal and marine resources (including impacts on protected areas such as sanctuaries) and protected species, and such program shall include the following elements:
    (i) The development of improved models and capabilities for predicting the environmental fate, transport, and effects of oil discharges.
    (ii) The development of methods, including economic methods, to assess damages to natural resources resulting from oil discharges.
    (iii) Research to understand and quantify the effects of sublethal impacts of oil discharge on living natural marine resources, including impacts on pelagic fish species, marine mammals, and commercially and recreationally targeted fish and shellfish species.
    (iv) The identification of types of ecologically sensitive areas at particular risk to oil discharges and the preparation of scientific monitoring and evaluation plans, one for each of several types of ecological conditions, to be implemented in the event of major oil discharges in such areas.
    (v) The collection of environmental baseline data in ecologically sensitive areas at particular risk to oil discharges where such data are insufficient.
    (vi) Research to understand the long-term effects of major oil discharges and the long-term effects of smaller endemic oil discharges.
    (vii) The identification of potential impacts on ecosystems, habitat, and wildlife from the additional toxicity, heavy metal concentrations, and increased corrosiveness of mixed crude, such as diluted bitumen crude.
    (viii) The development of methods to restore and rehabilitate natural resources and ecosystem functions damaged by oil discharges.
  • 33 U.S.C. § 2761(e)(4)(A)(i)
    Go to provision →
    (i) The development of improved models and capabilities for predicting the environmental fate, transport, and effects of oil discharges.
  • 33 U.S.C. § 2761(e)(4)(A)(ii)
    Go to provision →
    (ii) The development of methods, including economic methods, to assess damages to natural resources resulting from oil discharges.
  • 33 U.S.C. § 2761(e)(4)(A)(iii)
    Go to provision →
    (iii) Research to understand and quantify the effects of sublethal impacts of oil discharge on living natural marine resources, including impacts on pelagic fish species, marine mammals, and commercially and recreationally targeted fish and shellfish species.
  • 33 U.S.C. § 2761(e)(4)(A)(iv)
    Go to provision →
    (iv) The identification of types of ecologically sensitive areas at particular risk to oil discharges and the preparation of scientific monitoring and evaluation plans, one for each of several types of ecological conditions, to be implemented in the event of major oil discharges in such areas.
  • 33 U.S.C. § 2761(e)(4)(A)(v)
    Go to provision →
    (v) The collection of environmental baseline data in ecologically sensitive areas at particular risk to oil discharges where such data are insufficient.
  • 33 U.S.C. § 2761(e)(4)(A)(vi)
    Go to provision →
    (vi) Research to understand the long-term effects of major oil discharges and the long-term effects of smaller endemic oil discharges.
  • 33 U.S.C. § 2761(e)(4)(A)(viii)
    Go to provision →
    (viii) The development of methods to restore and rehabilitate natural resources and ecosystem functions damaged by oil discharges.
  • 33 U.S.C. § 2761(e)(4)(B)
    Go to provision →
    (B) The Department of Commerce in consultation with the Environmental Protection Agency shall monitor and scientifically evaluate the long-term environmental effects of oil discharges if—
    (i) the amount of oil discharged exceeds 250,000 gallons;
    (ii) the oil discharge has occurred on or after January 1, 1989; and
    (iii) the Interagency Committee determines that a study of the long-term environmental effects of the discharge would be of significant scientific value, especially for preventing or responding to future oil discharges.
    Areas for study may include the following sites where oil discharges have occurred: the New York/New Jersey Harbor area, where oil was discharged by an Exxon underwater pipeline, the T/B CIBRO SAVANNAH, and the M/V BT NAUTILUS; Narragansett Bay where oil was discharged by the WORLD PRODIGY; the Houston Ship Channel where oil was discharged by the RACHEL B; the Delaware River, where oil was discharged by the PRESIDENTE RIVERA and the T/V ATHOS I, and Huntington Beach, California, where oil was discharged by the AMERICAN TRADER.
  • 33 U.S.C. § 2761(e)(4)(B)(i)
    Go to provision →
    (i) the amount of oil discharged exceeds 250,000 gallons;
  • 33 U.S.C. § 2761(e)(4)(B)(ii)
    Go to provision →
    (ii) the oil discharge has occurred on or after January 1, 1989; and
  • 33 U.S.C. § 2761(e)(4)(B)(iii)
    Go to provision →
    (iii) the Interagency Committee determines that a study of the long-term environmental effects of the discharge would be of significant scientific value, especially for preventing or responding to future oil discharges.
  • 33 U.S.C. § 2761(e)(5)(D)
    Go to provision →
    (D) those geographic areas where there is a significant likelihood of a major oil discharge.
  • 33 U.S.C. § 2761(e)(6)
    Go to provision →
    (6) The United States Coast Guard, in conjunction with such agencies as the President may designate, shall conduct 4 port oil pollution minimization demonstration projects, one each with (A) the Port Authority of New York and New Jersey, (B) the Ports of Los Angeles and Long Beach, California, (C) the Port of New Orleans, Louisiana, and (D) ports on the Great Lakes, for the purpose of developing and demonstrating integrated port oil pollution prevention and cleanup systems which utilize the information and implement the improved practices and technologies developed from the research, development, and demonstration program established in this section. Such systems shall utilize improved technologies and management practices for reducing the risk of oil discharges, including, as appropriate, improved data access, computerized tracking of oil shipments, improved vessel tracking and navigation systems, advanced technology to monitor pipeline and tank conditions, improved oil spill response capability, improved capability to predict the flow and effects of oil discharges in both the inner and outer harbor areas for the purposes of making infrastructure decisions, and such other activities necessary to achieve the purposes of this section.
  • 33 U.S.C. § 2761(e)(7)(A)
    Go to provision →
    (A) Agencies represented on the Interagency Committee shall ensure the long-term use and operation of the Oil and Hazardous Materials Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and evaluations.
  • 33 U.S.C. § 2761(e)(7)(B)
    Go to provision →
    (B) Nothing in subparagraph (A) shall be construed as limiting the ability of the Interagency Committee to contract or partner with a facility or facilities other than the Center described in subparagraph (A) for the purpose of oil pollution technology testing and evaluations, provided such a facility or facilities have testing and evaluation capabilities equal to or greater than those of such Center.
  • 33 U.S.C. § 2761(e)(7)(C)(i)
    Go to provision →
    (i) The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may accept donations of crude oil and crude oil product samples in the form of in-kind contributions for use by the Federal Government for product testing, research and development, and for other purposes as the Secretary and the Administrator determine appropriate.
  • 33 U.S.C. § 2761(e)(7)(C)(ii)
    Go to provision →
    (ii) Oil accepted under clause (i) may be used directly by the Secretary and shall be provided to other Federal agencies or departments through interagency agreements to carry out the purposes of this Act.
  • 33 U.S.C. § 2761(e)(8)(A)
    Go to provision →
    (A) Consistent with the research plan in subsection (d), the Interagency Committee shall coordinate a program of competitive grants to universities or other research institutions, or groups of universities or research institutions, for the purposes of conducting a coordinated research program related to the regional aspects of oil pollution, such as prevention, removal, mitigation, and the effects of discharged oil on regional environments. For the purposes of this paragraph, a region means a Coast Guard district as set out in part 3 of title 33, Code of Federal Regulations (2010).
  • 33 U.S.C. § 2761(e)(8)(D)
    Go to provision →
    (D) The Interagency Committee shall make recommendations on grants in such a manner as to ensure an appropriate balance within a region among the various aspects of oil pollution research, including prevention, removal, mitigation, and the effects of discharged oil on regional environments. In addition, the Interagency Committee shall make recommendations for grants based on the following criteria:
    (i) There is available to the applicant for carrying out this paragraph demonstrated research resources.
    (ii) The applicant demonstrates the capability of making a significant contribution to regional research needs.
    (iii) The projects which the applicant proposes to carry out under the grant are consistent with the research plan under subsection (d) and would further the objectives of the research and development program established in this section.
  • 33 U.S.C. § 2761(e)(9)
    Go to provision →
    (9) For each of the fiscal years 1991, 1992, 1993, 1994, and 1995, $6,000,000 of amounts in the Fund shall be available to carry out the regional research program in paragraph (8), such amounts to be available in equal amounts for the regional research program in each region; except that if the agencies represented on the Interagency Committee determine that regional research needs exist which cannot be addressed within such funding limits, such agencies may use their authority under paragraph (10) to make additional grants to meet such needs. For the purposes of this paragraph, the research program carried out by the Prince William Sound Oil Spill Recovery Institute established under section 2731 of this title, shall not be eligible to receive grants under this paragraph until the authorization for funding under section 2736(b) of this title expires.
  • 33 U.S.C. § 2761(e)(10)
    Go to provision →
    (10) In carrying out the research and development program established under paragraph (1), the Under Secretary may enter into contracts and cooperative agreements and make grants to universities, research institutions, and other persons, and States and Indian tribes. Such contracts, cooperative agreements, and grants shall address research and technology priorities set forth in the oil pollution research plan under subsection (d).
  • 33 U.S.C. § 2761(f)
    Go to provision →
    (f) In accordance with the research plan submitted under subsection (d), the Interagency Committee shall coordinate and cooperate with other nations and foreign research entities in conducting oil pollution research, development, and demonstration activities, including controlled field tests of oil discharges.
  • 33 U.S.C. § 2762(a)(1)
    Go to provision →
    (1) The Under Secretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall establish a program to detect, monitor, and evaluate the environmental effects of submerged oil in the Delaware River and Bay region. The program shall include the following elements:
    (A) The development of methods to remove, disperse, or otherwise diminish the persistence of submerged oil.
    (B) The development of improved models and capacities for predicting the environmental fate, transport, and effects of submerged oil.
    (C) The development of techniques to detect and monitor submerged oil.
  • 33 U.S.C. § 2762(a)(1)(A)
    Go to provision →
    (A) The development of methods to remove, disperse, or otherwise diminish the persistence of submerged oil.
  • 33 U.S.C. § 2762(a)(1)(B)
    Go to provision →
    (B) The development of improved models and capacities for predicting the environmental fate, transport, and effects of submerged oil.
  • 33 U.S.C. § 2762(a)(1)(C)
    Go to provision →
    (C) The development of techniques to detect and monitor submerged oil.
  • 33 U.S.C. § 2762(b)(1)
    Go to provision →
    (1) The Commandant of the Coast Guard, in conjunction with the Under Secretary of Commerce for Oceans and Atmosphere, shall conduct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove submerged oil from the Delaware River and other navigable waters.

Citations to §2701(24)

Citations to §2701(25)

Citations to §2701(27)

Citations to §2701(29)

Citations to §2701(31)

Citations to §2701(32)

Citations to §2701(33)

  • 33 U.S.C. § 2703(d)(4)(B)
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    (B) Not later than 2 years after August 9, 2004, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under subparagraph (A).
  • 33 U.S.C. § 2703(d)(4)(C)
    Go to provision →
    (C) In promulgating regulations that establish the standards and practices referred to in subparagraph (B), the Secretary shall include in such standards and practices provisions regarding each of the following:
    (i) The results of an inquiry by an environmental professional.
    (ii) Interviews with past and present owners, operators, and occupants of the facility and the real property on which the facility is located for the purpose of gathering information regarding the potential for oil at the facility and on the real property on which the facility is located.
    (iii) Reviews of historical sources, such as chain of title documents, aerial photographs, building department records, and land use records, to determine previous uses and occupancies of the real property on which the facility is located since the property was first developed.
    (iv) Searches for recorded environmental cleanup liens against the facility and the real property on which the facility is located that are filed under Federal, State, or local law.
    (v) Reviews of Federal, State, and local government records, waste disposal records, underground storage tank records, and waste handling, generation, treatment, disposal, and spill records, concerning oil at or near the facility and on the real property on which the facility is located.
    (vi) Visual inspections of the facility, the real property on which the facility is located, and adjoining properties.
    (vii) Specialized knowledge or experience on the part of the responsible party.
    (viii) The relationship of the purchase price to the value of the facility and the real property on which the facility is located, if oil was not at the facility or on the real property.
    (ix) Commonly known or reasonably ascertainable information about the facility and the real property on which the facility is located.
    (x) The degree of obviousness of the presence or likely presence of oil at the facility and on the real property on which the facility is located, and the ability to detect the oil by appropriate investigation.
  • 33 U.S.C. § 2703(d)(4)(D)(ii)
    Go to provision →
    (ii) With respect to real property purchased on or after May 31, 1997, until the Secretary promulgates the regulations described in clause (ii), the procedures of the American Society for Testing and Materials, including the document known as “Standard E1527–97”, entitled “Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process”, shall satisfy the requirements in subparagraph (A).
  • 33 U.S.C. § 2704(d)(2)(A)
    Go to provision →
    (A) The Secretary shall conduct a study of the relative operational and environmental risks posed by the transportation of oil by vessel to deepwater ports (as defined in section 1502 of this title) versus the transportation of oil by vessel to other ports. The study shall include a review and analysis of offshore lightering practices used in connection with that transportation, an analysis of the volume of oil transported by vessel using those practices, and an analysis of the frequency and volume of oil discharges which occur in connection with the use of those practices.
  • 33 U.S.C. § 2704(d)(2)(B)
    Go to provision →
    (B) Not later than 1 year after August 18, 1990, the Secretary shall submit to the Congress a report on the results of the study conducted under subparagraph (A).
  • 33 U.S.C. § 2704(d)(2)(C)
    Go to provision →
    (C) If the Secretary determines, based on the results of the study conducted under subparagraph (A), that the use of deepwater ports in connection with the transportation of oil by vessel results in a lower operational or environmental risk than the use of other ports, the Secretary shall initiate, not later than the 180th day following the date of submission of the report to the Congress under subparagraph (B), a rulemaking proceeding to lower the limits of liability under this section for deepwater ports as the Secretary determines appropriate. The Secretary may establish a limit of liability of less than $350,000,000, but not less than $50,000,000, in accordance with paragraph (1).
  • 33 U.S.C. § 2706(e)(1)
    Go to provision →
    (1) The President, acting through the Under Secretary of Commerce for Oceans and Atmosphere and in consultation with the Administrator of the Environmental Protection Agency, the Director of the United States Fish and Wildlife Service, and the heads of other affected agencies, not later than 2 years after August 18, 1990, shall promulgate regulations for the assessment of natural resource damages under section 2702(b)(2)(A) of this title resulting from a discharge of oil for the purpose of this Act.
  • 33 U.S.C. § 2712(a)(5)(A)
    Go to provision →
    (A) not more than $25,000,000 in each fiscal year shall be available to the Secretary for operations and support incurred by the Coast Guard;
  • 33 U.S.C. § 2712(a)(5)(B)
    Go to provision →
    (B) not more than $15,000,000 in each fiscal year shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred by, and activities related to, response and damage assessment capabilities of the National Oceanic and Atmospheric Administration;
  • 33 U.S.C. § 2712(j)(1)
    Go to provision →
    (1) Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31, the President, through the Secretary of the Department in which the Coast Guard is operating, shall—
    (A) provide a report on disbursements for the preceding fiscal year from the Fund, regardless of whether those disbursements were subject to annual appropriations, to—
    (i) the Senate Committee on Commerce, Science, and Transportation; and
    (ii) the House of Representatives Committee on Transportation and Infrastructure; and
    (B) make the report available to the public on the National Pollution Funds Center Internet website.
  • 33 U.S.C. § 2712(j)(3)
    Go to provision →
    (3) Each Federal agency that receives amounts from the Fund shall maintain records describing the purposes for which such funds were obligated or expended in such detail as the Secretary may require for purposes of the report required under paragraph (1).
  • 33 U.S.C. § 2715(c)
    Go to provision →
    (c) At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney’s fees. Such an action may be commenced against any responsible party or (subject to section 2716 of this title) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the discharge, or substantial threat of discharge, of oil from a foreign offshore unit or other facility located seaward of the exclusive economic zone.
  • 33 U.S.C. § 2716(a)
    Go to provision →
    (a) The responsible party for—
    (1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States;
    (2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or
    (3) any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States;
    shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) or (d) of this title, in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum liability applicable to the vessel having the greatest maximum liability.
  • 33 U.S.C. § 2716(b)(1)
    Go to provision →
    (1) The Secretary of the Treasury shall withhold or revoke the clearance required by section 60105 of title 46 of any vessel subject to this section that does not have the evidence of financial responsibility required for the vessel under this section.
  • 33 U.S.C. § 2716(b)(2)
    Go to provision →
    (2) The Secretary may—
    (A) deny entry to any vessel to any place in the United States, or to the navigable waters, or
    (B) detain at the place,
    any vessel that, upon request, does not produce the evidence of financial responsibility required for the vessel under this section.
  • 33 U.S.C. § 2716(c)(2)
    Go to provision →
    (2) Each responsible party with respect to a deepwater port shall establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) of this title in a case where the responsible party would be entitled to limit liability under that section. If the Secretary exercises the authority under section 2704(d)(2) of this title to lower the limit of liability for deepwater ports, the responsible party shall establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability so established. In a case in which a person is the responsible party for more than one deepwater port, evidence of financial responsibility need be established only to meet the maximum liability applicable to the deepwater port having the greatest maximum liability.
  • 33 U.S.C. § 2716(d)
    Go to provision →
    (d) Financial responsibility under this section may be established by any one, or by any combination, of the following methods which the Secretary (in the case of a vessel) or the President (in the case of a facility) determines to be acceptable: evidence of insurance, surety bond, guarantee, letter of credit, qualification as a self-insurer, or other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. In promulgating requirements under this section, the Secretary or the President, as appropriate, may specify policy or other contractual terms, conditions, or defenses which are necessary, or which are unacceptable, in establishing evidence of financial responsibility to effectuate the purposes of this Act.
  • 33 U.S.C. § 2716(h)
    Go to provision →
    (h) The Secretary may issue a single unified certificate of financial responsibility for purposes of this Act and any other law.
  • 33 U.S.C. § 2731(a)
    Go to provision →
    (a) 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.
  • 33 U.S.C. § 2731(c)(1)(B)
    Go to provision →
    (B) 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.
  • 33 U.S.C. § 2731(c)(2)
    Go to provision →
    (2) The representative of the Secretary of Commerce shall serve as Chairman of the Advisory Board.
  • 33 U.S.C. § 2731(f)
    Go to provision →
    (f) 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.
  • 33 U.S.C. § 2731(i)
    Go to provision →
    (i) 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.
  • 33 U.S.C. § 2732(c)(4)
    Go to provision →
    (4) The Secretary may designate an existing nonprofit organization as an Association under this subsection if the organization is organized to meet the purposes of this section and consists of at least the individuals listed in paragraph (2).
  • 33 U.S.C. § 2732(d)(4)
    Go to provision →
    (4) Each Council shall elect its own chairperson, select its own staff, and make policies with regard to its internal operating procedures. After the initial organizational meeting called by the Secretary under subsection (i), each Council shall be self-governing.
  • 33 U.S.C. § 2732(i)
    Go to provision →
    (i) Appointments, designations, and selections of individuals to serve as members of the Associations and Councils under this section shall be submitted to the Secretary prior to the expiration of the 120-day period following August 18, 1990. On or before the expiration of the 180-day period following August 18, 1990, the Secretary shall call an initial meeting of each Association and Council for organizational purposes.
  • 33 U.S.C. § 2732(k)(2)
    Go to provision →
    (2) The owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound shall provide, on an annual basis, an aggregate amount of not more than $2,000,000, as determined by the Secretary. Such amount—
    (A) shall provide for the establishment and operation on the environmental oversight and monitoring program in Prince William Sound;
    (B) shall be adjusted annually by the Anchorage Consumer Price Index; and
    (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound and the Prince William Sound terminal facilities Council.
  • 33 U.S.C. § 2732(k)(3)
    Go to provision →
    (3) The owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet shall provide, on an annual basis, an aggregate amount of not less than $1,400,000, as determined by the Secretary. Such amount—
    (A) shall provide for the establishment and operation of the environmental oversight and monitoring program in Cook Inlet;
    (B) shall be adjusted annually by the Anchorage Consumer Price Index; and
    (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet and the Cook Inlet Council.
  • 33 U.S.C. § 2732(m)(4)
    Go to provision →
    (4) “Secretary” means the Secretary of the department in which the Coast Guard is operating.
  • 33 U.S.C. § 2733
    Go to provision →
    The Secretary of Transportation shall within one year after August 18, 1990, install and ensure operation of an automated navigation light on or adjacent to Bligh Reef in Prince William Sound, Alaska, of sufficient power and height to provide long-range warning of the location of Bligh Reef.
  • 33 U.S.C. § 2734
    Go to provision →
    The Secretary of Transportation shall within one year after August 18, 1990—
  • 33 U.S.C. § 2735(a)(5)
    Go to provision →
    (5) periodic testing and certification of equipment required under this paragraph, as required by the Secretary.
  • 33 U.S.C. § 2736(b)
    Go to provision →
    (b) The amount of funding to be made available annually to carry out section 2731 of this title shall be the interest produced by the Fund’s investment of the $22,500,000 remaining funding authorized for the Prince William Sound Oil Spill Recovery Institute and currently deposited in the Fund and invested by the Secretary of the Treasury in income producing securities along with other funds comprising the Fund. The National Pollution Funds Center shall transfer all such accrued interest, including the interest earned from the date funds in the Trans-Alaska Liability Pipeline Fund were transferred into the Oil Spill Liability Trust Fund pursuant to section 8102(a)(2)(B)(ii), to the Prince William Sound Oil Spill Recovery Institute annually, beginning 60 days after October 19, 1996.
  • 33 U.S.C. § 2736(c)
    Go to provision →
    (c) Beginning 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, the funding authorized for the Prince William Sound Oil Spill Recovery Institute and deposited in the Fund shall thereafter be made available for purposes of section 2712 of this title in Alaska.
  • 33 U.S.C. § 2738(a)
    Go to provision →
    (a) 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.
  • 33 U.S.C. § 2738(c)
    Go to provision →
    (c) 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.
  • 33 U.S.C. § 2761(a)(5)
    Go to provision →
    (5) the term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere; and
  • 33 U.S.C. § 2761(c)(3)
    Go to provision →
    (3) The Under Secretary shall designate a Vice Chairperson from among the members of the Interagency Committee selected under paragraph (1)(B).
  • 33 U.S.C. § 2761(e)(7)(C)(i)
    Go to provision →
    (i) The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may accept donations of crude oil and crude oil product samples in the form of in-kind contributions for use by the Federal Government for product testing, research and development, and for other purposes as the Secretary and the Administrator determine appropriate.
  • 33 U.S.C. § 2761(e)(7)(C)(ii)
    Go to provision →
    (ii) Oil accepted under clause (i) may be used directly by the Secretary and shall be provided to other Federal agencies or departments through interagency agreements to carry out the purposes of this Act.
  • 33 U.S.C. § 2761(e)(10)
    Go to provision →
    (10) In carrying out the research and development program established under paragraph (1), the Under Secretary may enter into contracts and cooperative agreements and make grants to universities, research institutions, and other persons, and States and Indian tribes. Such contracts, cooperative agreements, and grants shall address research and technology priorities set forth in the oil pollution research plan under subsection (d).
  • 33 U.S.C. § 2762(a)(1)
    Go to provision →
    (1) The Under Secretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall establish a program to detect, monitor, and evaluate the environmental effects of submerged oil in the Delaware River and Bay region. The program shall include the following elements:
    (A) The development of methods to remove, disperse, or otherwise diminish the persistence of submerged oil.
    (B) The development of improved models and capacities for predicting the environmental fate, transport, and effects of submerged oil.
    (C) The development of techniques to detect and monitor submerged oil.
  • 33 U.S.C. § 2762(a)(2)
    Go to provision →
    (2) Not later than 3 years after July 11, 2006, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the activities carried out under this subsection and activities proposed to be carried out under this subsection.
  • 33 U.S.C. § 2762(b)(1)
    Go to provision →
    (1) The Commandant of the Coast Guard, in conjunction with the Under Secretary of Commerce for Oceans and Atmosphere, shall conduct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove submerged oil from the Delaware River and other navigable waters.

Citations to §2701(34)

Citations to §2701(37)