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(continued)
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.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1015, Aug. 18, 1990, 104 Stat. 502;
Pub. L. 104-324, title XI, Sec. 1142(d), Oct. 19, 1996, 110 Stat.
3991.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990,
which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set
out under section 2701 of this title and Tables.
-MISC1-
AMENDMENTS
1996 - Subsecs. (b), (c). Pub. L. 104-324 added subsec. (b) and
redesignated former subsec. (b) as (c).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 26 section 9509.
-End-
-CITE-
33 USC Sec. 2716 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2716. Financial responsibility
-STATUTE-
(a) Requirement
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; or
(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;
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.
(b) Sanctions
(1) Withholding clearance
The Secretary of the Treasury shall withhold or revoke the
clearance required by section 91 of title 46, Appendix, of any
vessel subject to this section that does not have the evidence of
financial responsibility required for the vessel under this
section.
(2) Denying entry to or detaining vessels
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.
(3) Seizure of vessel
Any vessel subject to the requirements of this section which is
found in the navigable waters without the necessary evidence of
financial responsibility for the vessel shall be subject to
seizure by and forfeiture to the United States.
(c) Offshore facilities
(1) In general
(A) Evidence of financial responsibility required
Except as provided in paragraph (2), a responsible party with
respect to an offshore facility that -
(i)(I) is located seaward of the line of ordinary low water
along that portion of the coast that is in direct contact
with the open sea and the line marking the seaward limit of
inland waters; or
(II) is located in coastal inland waters, such as bays or
estuaries, seaward of the line of ordinary low water along
that portion of the coast that is not in direct contact with
the open sea;
(ii) is used for exploring for, drilling for, producing, or
transporting oil from facilities engaged in oil exploration,
drilling, or production; and
(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),
shall establish and maintain evidence of financial
responsibility in the amount required under subparagraph (B) or
(C), as applicable.
(B) Amount required generally
Except as provided in subparagraph (C), the amount of
financial responsibility for offshore facilities that meet the
criteria of subparagraph (A) is -
(i) $35,000,000 for an offshore facility located seaward of
the seaward boundary of a State; or
(ii) $10,000,000 for an offshore facility located landward
of the seaward boundary of a State.
(C) Greater amount
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.
(D) Multiple facilities
In a case in which a person is a responsible party for more
than one facility subject to this subsection, evidence of
financial responsibility need be established only to meet the
amount applicable to the facility having the greatest financial
responsibility requirement under this subsection.
(E) Definition
For the purpose of this paragraph, the seaward boundary of a
State shall be determined in accordance with section 1301(b) of
title 43.
(2) Deepwater ports
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.
(e) (!1) Methods of financial responsibility
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.
(f) Claims against guarantor
(1) In general
Subject to paragraph (2), a claim for which liability may be
established under section 2702 of this title may be asserted
directly against any guarantor providing evidence of financial
responsibility for a responsible party liable under that section
for removal costs and damages to which the claim pertains. In
defending against such a claim, the guarantor may invoke -
(A) all rights and defenses which would be available to the
responsible party under this Act;
(B) any defense authorized under subsection (e) of this
section; and
(C) the defense that the incident was caused by the willful
misconduct of the responsible party.
The guarantor may not invoke any other defense that might be
available in proceedings brought by the responsible party against
the guarantor.
(2) Further requirement
A claim may be asserted pursuant to paragraph (1) directly
against a guarantor providing evidence of financial
responsibility under subsection (c)(1) of this section with
respect to an offshore facility only if -
(A) the responsible party for whom evidence of financial
responsibility has been provided has denied or failed to pay a
claim under this Act on the basis of being insolvent, as
defined under section 101(32) of title 11, and applying
generally accepted accounting principles;
(B) the responsible party for whom evidence of financial
responsibility has been provided has filed a petition for
bankruptcy under title 11; or
(C) the claim is asserted by the United States for removal
costs and damages or for compensation paid by the Fund under
this Act, including costs incurred by the Fund for processing
compensation claims.
(3) Rulemaking authority
Not later than 1 year after October 19, 1996, the President
shall promulgate regulations to establish a process for
implementing paragraph (2) in a manner that will allow for the
orderly and expeditious presentation and resolution of claims and
effectuate the purposes of this Act.
(g) Limitation on guarantor's liability
Nothing in this Act shall impose liability with respect to an
incident on any guarantor for damages or removal costs which
exceed, in the aggregate, the amount of financial responsibility
which that guarantor has provided for a responsible party pursuant
to this section. The total liability of the guarantor on direct
action for claims brought under this Act with respect to an
incident shall be limited to that amount.
(h) Continuation of regulations
Any regulation relating to financial responsibility, which has
been issued pursuant to any provision of law repealed or superseded
by this Act, and which is in effect on the date immediately
preceding the effective date of this Act, is deemed and shall be
construed to be a regulation issued pursuant to this section. Such
a regulation shall remain in full force and effect unless and until
superseded by a new regulation issued under this section.
(i) Unified certificate
The Secretary may issue a single unified certificate of financial
responsibility for purposes of this Act and any other law.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1016, Aug. 18, 1990, 104 Stat. 502;
Pub. L. 104-55, Sec. 2(d)(2), Nov. 20, 1995, 109 Stat. 547; Pub. L.
104-324, title XI, Sec. 1125(a), Oct. 19, 1996, 110 Stat. 3981.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (e), (f), (g), (h), and (i), is
Pub. L. 101-380, Aug. 18, 1990, 104 Stat. 484, as amended, known as
the Oil Pollution Act of 1990, which is classified principally to
this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 2701 of this title and
Tables.
The effective date of this Act, referred to in subsec. (h), is
the effective date of Pub. L. 101-380 which is applicable to
incidents occurring after Aug. 18, 1990, see section 1020 of Pub.
L. 101-380, set out as an Effective Date note under section 2701 of
this title.
-MISC1-
AMENDMENTS
1996 - Subsec. (c)(1). Pub. L. 104-324, Sec. 1125(a)(1),
reenacted heading without change and amended text generally. Prior
to amendment, text read as follows: "Except as provided in
paragraph (2), each responsible party with respect to an offshore
facility shall establish and maintain evidence of financial
responsibility of $150,000,000 to meet the amount of liability to
which the responsible party could be subjected under section
2704(a) of this title in a case in which the responsible party
would be entitled to limit liability under that section. In a case
in which a person is the responsible party for more than one
facility subject to this subsection, evidence of financial
responsibility need be established only to meet the maximum
liability applicable to the facility having the greatest maximum
liability."
Subsec. (f). Pub. L. 104-324, Sec. 1125(a)(2), reenacted heading
without change and amended text generally. Prior to amendment, text
read as follows: "Any claim for which liability may be established
under section 2702 of this title may be asserted directly against
any guarantor providing evidence of financial responsibility for a
responsible party liable under that section for removal costs and
damages to which the claim pertains. In defending against such a
claim, the guarantor may invoke (1) all rights and defenses which
would be available to the responsible party under this Act, (2) any
defense authorized under subsection (e) of this section, and (3)
the defense that the incident was caused by the willful misconduct
of the responsible party. The guarantor may not invoke any other
defense that might be available in proceedings brought by the
responsible party against the guarantor."
Subsec. (g). Pub. L. 104-324, Sec. 1125(a)(3), reenacted heading
without change and amended text generally. Prior to amendment, text
read as follows: "Nothing in this Act shall impose liability with
respect to an incident on any guarantor for damages or removal
costs which exceed, in the aggregate, the amount of financial
responsibility required under this Act which that guarantor has
provided for a responsible party."
1995 - Subsec. (a). Pub. L. 104-55 substituted "the responsible
party could be subjected under section 2704(a) or (d) of this
title" for ", in the case of a tank vessel, the responsible party
could be subject under section 2704(a)(1) or (d) of this title, or
to which, in the case of any other vessel, the responsible party
could be subjected under section 2704(a)(2) or (d) of this title".
EFFECTIVE DATE OF 1996 AMENDMENT
Section 1125(b) of Pub. L. 104-324 provided that: "The amendment
made by subsection (a)(2) [amending this section] shall not apply
to any final rule issued before the date of enactment of this
section [Oct. 19, 1996]."
-TRANS-
DELEGATION OF FUNCTIONS
Specific functions of President under subsec. (e) of this section
delegated to Secretary of the Interior and Secretary of the
Department in which the Coast Guard is operating by section 5(a) of
Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54764, as amended, set
out as a note under section 1321 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1503, 2705, 2715, 2716a,
2719 of this title; title 46 section 3715.
-FOOTNOTE-
(!1) So in original. No subsec. (d) has been enacted.
-End-
-CITE-
33 USC Sec. 2716a 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2716a. Financial responsibility civil penalties
-STATUTE-
(a) Administrative
Any person who, after notice and an opportunity for a hearing, is
found to have failed to comply with the requirements of section
2716 of this title or the regulations issued under that section, or
with a denial or detention order issued under subsection (c)(2) of
that section, shall be liable to the United States for a civil
penalty, not to exceed $25,000 per day of violation. The amount of
the civil penalty shall be assessed by the President by written
notice. In determining the amount of the penalty, the President
shall take into account the nature, circumstances, extent, and
gravity of the violation, the degree of culpability, any history of
prior violation, ability to pay, and such other matters as justice
may require. The President may compromise, modify, or remit, with
or without conditions, any civil penalty which is subject to
imposition or which had been imposed under this paragraph. If any
person fails to pay an assessed civil penalty after it has become
final, the President may refer the matter to the Attorney General
for collection.
(b) Judicial
In addition to, or in lieu of, assessing a penalty under
subsection (a) of this section, the President may request the
Attorney General to secure such relief as necessary to compel
compliance with this (!1) section 2716 of this title, including a
judicial order terminating operations. The district courts of the
United States shall have jurisdiction to grant any relief as the
public interest and the equities of the case may require.
-SOURCE-
(Pub. L. 101-380, title IV, Sec. 4303, Aug. 18, 1990, 104 Stat.
539.)
-COD-
CODIFICATION
Section was not enacted as part of title I of Pub. L. 101-380
which comprises this subchapter.
-TRANS-
DELEGATION OF FUNCTIONS
Specific functions of President under this section delegated to
Secretary of Department in which Coast Guard is operating and
Secretary of the Interior by section 5(b) of Ex. Ord. No. 12777,
Oct. 18, 1991, 56 F.R. 54765, as amended, set out as a note under
section 1321 of this title.
-FOOTNOTE-
(!1) So in original. The word "this" probably should not appear.
-End-
-CITE-
33 USC Sec. 2717 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2717. Litigation, jurisdiction, and venue
-STATUTE-
(a) Review of regulations
Review of any regulation promulgated under this Act may be had
upon application by any interested person only in the Circuit Court
of Appeals of the United States for the District of Columbia. Any
such application shall be made within 90 days from the date of
promulgation of such regulations. Any matter with respect to which
review could have been obtained under this subsection shall not be
subject to judicial review in any civil or criminal proceeding for
enforcement or to obtain damages or recovery of response costs.
(b) Jurisdiction
Except as provided in subsections (a) and (c) of this section,
the United States district courts shall have exclusive original
jurisdiction over all controversies arising under this Act, without
regard to the citizenship of the parties or the amount in
controversy. Venue shall lie in any district in which the discharge
or injury or damages occurred, or in which the defendant resides,
may be found, has its principal office, or has appointed an agent
for service of process. For the purposes of this section, the Fund
shall reside in the District of Columbia.
(c) State court jurisdiction
A State trial court of competent jurisdiction over claims for
removal costs or damages, as defined under this Act, may consider
claims under this Act or State law and any final judgment of such
court (when no longer subject to ordinary forms of review) shall be
recognized, valid, and enforceable for all purposes of this Act.
(d) Assessment and collection of tax
The provisions of subsections (a), (b), and (c) of this section
shall not apply to any controversy or other matter resulting from
the assessment or collection of any tax, or to the review of any
regulation promulgated under title 26.
(e) Savings provision
Nothing in this subchapter shall apply to any cause of action or
right of recovery arising from any incident which occurred prior to
August 18, 1990. Such claims shall be adjudicated pursuant to the
law applicable on the date of the incident.
(f) Period of limitations
(1) Damages
Except as provided in paragraphs (3) and (4), an action for
damages under this Act shall be barred unless the action is
brought within 3 years after -
(A) the date on which the loss and the connection of the loss
with the discharge in question are reasonably discoverable with
the exercise of due care, or
(B) in the case of natural resource damages under section
2702(b)(2)(A) of this title, the date of completion of the
natural resources damage assessment under section 2706(c) of
this title.
(2) Removal costs
An action for recovery of removal costs referred to in section
2702(b)(1) of this title must be commenced within 3 years after
completion of the removal action. In any such action described in
this subsection, the court shall enter a declaratory judgment on
liability for removal costs or damages that will be binding on
any subsequent action or actions to recover further removal costs
or damages. Except as otherwise provided in this paragraph, an
action may be commenced under this subchapter for recovery of
removal costs at any time after such costs have been incurred.
(3) Contribution
No action for contribution for any removal costs or damages may
be commenced more than 3 years after -
(A) the date of judgment in any action under this Act for
recovery of such costs or damages, or
(B) the date of entry of a judicially approved settlement
with respect to such costs or damages.
(4) Subrogation
No action based on rights subrogated pursuant to this Act by
reason of payment of a claim may be commenced under this Act more
than 3 years after the date of payment of such claim.
(5) Commencement
The time limitations contained herein shall not begin to run -
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal
representative is duly appointed for such minor, or
(B) against an incompetent person until the earlier of the
date on which such incompetent's incompetency ends or the date
on which a legal representative is duly appointed for such
incompetent.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1017, Aug. 18, 1990, 104 Stat.
504.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a), (b), (c), and (f), is Pub.
L. 101-380, Aug. 18, 1990, 104 Stat. 484, as amended, known as the
Oil Pollution Act of 1990, which is classified principally to this
chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 2701 of this title and
Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2709 of this title.
-End-
-CITE-
33 USC Sec. 2718 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2718. Relationship to other law
-STATUTE-
(a) Preservation of State authorities; Solid Waste Disposal Act
Nothing in this Act or the Act of March 3, 1851 shall -
(1) affect, or be construed or interpreted as preempting, the
authority of any State or political subdivision thereof from
imposing any additional liability or requirements with respect to
-
(A) the discharge of oil or other pollution by oil within
such State; or
(B) any removal activities in connection with such a
discharge; or
(2) affect, or be construed or interpreted to affect or modify
in any way the obligations or liabilities of any person under the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law,
including common law.
(b) Preservation of State funds
Nothing in this Act or in section 9509 of title 26 shall in any
way affect, or be construed to affect, the authority of any State -
(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
(2) to require any person to contribute to such a fund.
(c) Additional requirements and liabilities; penalties
Nothing in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et
seq.), 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.
(d) Federal employee liability
For purposes of section 2679(b)(2)(B) of title 28, nothing in
this Act shall be construed to authorize or create a cause of
action against a Federal officer or employee in the officer's or
employee's personal or individual capacity for any act or omission
while acting within the scope of the officer's or employee's office
or employment.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1018, Aug. 18, 1990, 104 Stat.
505.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990,
which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set
out under section 2701 of this title and Tables.
Act of March 3, 1851, referred to in subsecs. (a) and (c), is act
Mar. 3, 1851, ch. 43, 9 Stat. 635, which was incorporated into the
Revised Statutes as R.S. Secs. 4282, 4283, 4284 to 4287 and 4289,
and is classified to sections 182, 183, and 184 to 188 of Title 46,
Appendix, Shipping.
The Solid Waste Disposal Act, referred to in subsec. (a)(2), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,
which is classified generally to chapter 82 (Sec. 6901 et seq.) of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 6901 of Title 42 and Tables.
-MISC1-
REPORT ON VESSEL SAFETY AND ABILITY TO MEET LEGAL OBLIGATIONS
Pub. L. 102-241, Sec. 32, Dec. 19, 1991, 105 Stat. 2222, provided
that: "Not later than one year after the date of enactment of this
Act [Dec. 19, 1991], the Secretary of Transportation shall report
to Congress on the effect of section 1018 of the Oil Pollution Act
of 1990 (Public Law 101-380; 104 Stat. 484) [33 U.S.C. 2718] on the
safety of vessels being used to transport oil and the capability of
owners and operators to meet their legal obligations in the event
of an oil spill."
-End-
-CITE-
33 USC Sec. 2719 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2719. State financial responsibility
-STATUTE-
A State may enforce, on the navigable waters of the State, the
requirements for evidence of financial responsibility under section
2716 of this title.
-SOURCE-
(Pub. L. 101-380, title I, Sec. 1019, Aug. 18, 1990, 104 Stat.
506.)
-End-
-CITE-
33 USC Sec. 2720 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION
-HEAD-
Sec. 2720. Differentiation among fats, oils, and greases
-STATUTE-
(a) In general
Except as provided in subsection (c) of this section, 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) of this section.
(b) Considerations
In differentiating between the class of fats, oils, and greases
described in subsection (a)(1)(A) of this section and the class of
oils and greases described in subsection (a)(1)(B) of this section,
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.
(c) Exception
The requirements of this Act shall not apply to the Food and Drug
Administration and the Food Safety and Inspection Service.
-SOURCE-
(Pub. L. 104-55, Sec. 2, Nov. 20, 1995, 109 Stat. 546.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (c), is Pub. L. 104-55, Nov. 20,
1995, 109 Stat. 546, which enacted this section and amended
sections 2704 and 2716 of this title. For complete classification
of this Act to the Code, see Short Title of 1995 Amendment note set
out under section 2701 of this title and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Edible Oil Regulatory Reform
Act, and not as part of title I of the Oil Pollution Act of 1990
which comprises this subchapter.
Section is comprised of section 2 of Pub. L. 104-55. Subsec. (d)
of section 2 of Pub. L. 104-55 amended sections 2704 and 2716 of
this title.
-MISC1-
REGULATIONS
Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 343], Oct.
21, 1998, 112 Stat. 2681-439, 2681-473, provided that:
"(a) None of the funds made available by this Act or subsequent
Acts may be used by the Coast Guard to issue, implement, or enforce
a regulation or to establish an interpretation or guideline under
the Edible Oil Regulatory Reform Act (Public Law 104-55) [see Short
Title of 1995 Amendment note set out under section 2701 of this
title], or the amendments made by that Act, that does not recognize
and provide for, with respect to fats, oils, and greases (as
described in that Act, or the amendments made by that Act)
differences in -
"(1) physical, chemical, biological and other relevant
properties; and
"(2) environmental effects.
"(b) Not later than March 31, 1999, the Secretary of
Transportation shall issue regulations amending 33 CFR 154 to
comply with the requirements of Public Law 104-55."
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]
Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2499,
provided that: "Not later than March 31, 1999, the Administrator of
the Environmental Protection Agency shall issue regulations
amending 40 C.F.R. 112 to comply with the requirements of the
Edible Oil Regulatory Reform Act (Public Law 104-55) [see Short
Title of 1995 Amendment note set out under section 2701 of this
title]. Such regulations shall differentiate between and establish
separate classes for animal fats and oils and greases, and fish and
marine mammal oils (as described in that Act), and other oils and
greases, and shall apply standards to such different classes of
fats and oils based on differences in the physical, chemical,
biological, and other properties, and in the environmental effects,
of the classes. None of the funds made available by this Act or in
subsequent Acts may be used by the Environmental Protection Agency
to issue or to establish an interpretation or guidance relating to
fats, oils, and greases (as described in Public Law 104-55) that
does not comply with the requirements of the Edible Oil Regulatory
Reform Act."
SENSE OF CONGRESS ON IMPLEMENTATION OF REGULATIONS REGARDING ANIMAL
FATS AND VEGETABLE OILS
Pub. L. 104-324, title XI, Sec. 1130, Oct. 19, 1996, 110 Stat.
3985, provided that:
"(a) Sense of Congress. - It is the sense of Congress that, in an
effort to reduce unnecessary regulatory burdens, a regulation
issued or enforced and an interpretation or guideline established
pursuant to Public Law 104-55 [see Short Title of 1995 Amendment
note set out under section 2701 of this title] should in any manner
possible recognize and provide for the differences in the physical,
chemical, biological, and other properties, and in the
environmental effects, of the classes of fats, oils, and greases
described under that law.
"(b) Report. - Within 60 days after the date of enactment of this
section [Oct. 19, 1996] and on January 1 of each year thereafter,
the Secretary of Transportation shall submit a report to Congress
on the extent to which the implementation by the United States
Coast Guard of regulations issued or enforced, or interpretations
or guidelines established, pursuant to Public Law 104-55, carry out
the intent of Congress and recognize and provide for the
differences in the physical, chemical, biological, and other
properties, and in the environmental effects, of the classes of
fats, oils, and greases described under that law."
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2704 of this title.
-End-
-CITE-
33 USC SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS
-HEAD-
SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS
-End-
-CITE-
33 USC Sec. 2731 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40 - OIL POLLUTION
SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS
-HEAD-
Sec. 2731. Oil Spill Recovery Institute
-STATUTE-
(a) Establishment of Institute
The Secretary of Commerce shall provide for the establishment of
a Prince William Sound Oil Spill Recovery Institute (hereinafter in
this section referred to as the "Institute") through the Prince
William Sound Science and Technology Institute located in Cordova,
Alaska.
(b) Functions
The Institute shall conduct research and carry out educational
and demonstration projects designed to -
(1) identify and develop the best available techniques,
equipment, and materials for dealing with oil spills in the
arctic and subarctic marine environment; and
(2) complement Federal and State damage assessment efforts and
determine, document, assess, and understand the long-range
effects of 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.
(c) Advisory board
(1) In general
The policies of the Institute shall be determined by an
advisory board, composed of 16 members appointed as follows:
(A) One representative appointed by each of the Commissioners
of Fish and Game, Environmental Conservation, and Natural
Resources of the State of Alaska, all of whom shall be State
employees.
(B) One representative appointed by each of the Secretaries
of Commerce, the Interior, and Transportation, who shall be
Federal employees.
(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.
(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.
(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.
(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.
(G) One nonvoting representative of the Institute of Marine
Science.
(H) One nonvoting representative appointed by the Prince
William Sound Science and Technology Institute.
(2) Chairman
The representative of the Secretary of Commerce shall serve as
Chairman of the Advisory Board.
(3) Policies
Policies determined by the Advisory Board under this subsection
shall include policies for the conduct and support, through
contracts and grants awarded on a nationally competitive basis,
of research, projects, and studies to be supported by the
Institute in accordance with the purposes of this section.
(4) Scientific review
The Advisory Board may request a scientific review of the
research program every five years by the National Academy of
Sciences which shall perform the review, if requested, as part of
its responsibilities under section 2761(b)(2) of this title.
(d) Scientific and technical committee
(1) In general
The Advisory Board shall establish a scientific and technical
committee, composed of specialists in matters relating to oil
spill containment and cleanup technology, arctic and subarctic
marine ecology, and the living resources and socioeconomics of
Prince William Sound and its adjacent waters, from the University
of Alaska, the Institute of Marine Science, the Prince William
Sound Science and Technology Institute, and elsewhere in the
academic community.
(2) Functions
The Scientific and Technical Committee shall provide such
advice to the Advisory Board as the Advisory Board shall request,
including recommendations regarding the conduct and support of
research, projects, and studies in accordance with the purposes
of this section. The Advisory Board shall not request, and the
Committee shall not provide, any advice which is not directly
related to Arctic or Subarctic oil spills or the effects thereof.
(e) Director
The Institute shall be administered by a Director appointed by
the Advisory Board. The Prince William Sound Science and Technology
Institute and the Scientific and Technical Committee may each
submit independent recommendations for the Advisory Board's
consideration for appointment as Director. The Director may hire
such staff and incur such expenses on behalf of the Institute as
are authorized by the Advisory Board.
(f) Evaluation
The Secretary of Commerce may conduct an ongoing evaluation of
the activities of the Institute to ensure that funds received by
the Institute are used in a manner consistent with this section.
(g) Audit
The Comptroller General of the United States, and any of his or
her duly authorized representatives, shall have access, for
purposes of audit and examination, to any books, documents, papers,
and records of the Institute and its administering agency that are
pertinent to the funds received and expended by the Institute and
its administering agency.
(h) Status of employees
Employees of the Institute shall not, by reason of such
employment, be considered to be employees of the Federal Government
for any purpose.
(i) Termination
The authorization in section 2736(b) of this title providing
funding for the Institute shall terminate September 30, 2012.
(j) Use of funds
No funds made available to carry out this section may be used to
initiate litigation. No funds made available to carry out this
section may be used for the acquisition of real property (including
buildings) or construction of any building. No more than 20 percent
of funds made available to carry out this section may be used to
lease necessary facilities and to administer the Institute. The
Advisory Board may compensate its Federal representatives for their
reasonable travel costs. None of the funds authorized by this
section shall be used for any purpose other than the functions
specified in subsection (b) of this section.
(k) Research
The Institute shall publish and make available to any person upon
request the results of all research, educational, and demonstration
projects conducted by the Institute. The Administrator shall
provide a copy of all research, educational, and demonstration
projects conducted by the Institute to the National Oceanic and
Atmospheric Administration.
(l) "Prince William Sound and its adjacent waters" defined
In this section, the term "Prince William Sound and its adjacent
waters" means such sound and waters as generally depicted on the
map entitled "EXXON VALDEZ oil spill dated March 1990".
-SOURCE-
(Pub. L. 101-380, title V, Sec. 5001, Aug. 18, 1990, 104 Stat. 542;
Pub. L. 104-324, title XI, Sec. 1102(a), Oct. 19, 1996, 110 Stat.
3964; Pub. L. 107-295, title IV, Sec. 427, Nov. 25, 2002, 116 Stat.
2127.)
-MISC1-
AMENDMENTS
2002 - Subsec. (i). Pub. L. 107-295 substituted "September 30,
2012" for "10 years after October 19, 1996".
1996 - Subsec. (a). Pub. L. 104-324, Sec. 1102(a)(1), (2), struck
out "to be administered by the Secretary of Commerce" after "as the
'Institute')" and substituted "located" for "and located".
Subsec. (b)(2). Pub. L. 104-324, Sec. 1102(a)(3), substituted
"Arctic or Subarctic oil spills" for "the EXXON VALDEZ oil spill"
in two places.
Subsec. (c)(1). Pub. L. 104-324, Sec. 1102(a)(4), substituted
"16" for "18" in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 104-324, Sec. 1102(a)(5), substituted
", and Natural Resources" for ", Natural Resources, and Commerce
and Economic Development".
Subsec. (c)(1)(B). Pub. L. 104-324, Sec. 1102(a)(6), (8), added
subpar. (B) and struck out former subpar. (B) which read as
follows: "One representative appointed by each of -
"(i) the Secretaries of Commerce, the Interior, Agriculture,
Transportation, and the Navy; and
"(ii) the Administrator of the Environmental Protection Agency;
all of whom shall be Federal employees."
Subsec. (c)(1)(C). Pub. L. 104-324, Sec. 1102(a)(6), (8), added
subpar. (C) and struck out former subpar. (C) which read as
follows: "4 representatives appointed by the Secretary of Commerce
from among residents of communities in Alaska that were affected by
the EXXON VALDEZ oil spill who are knowledgeable about fisheries,
other local industries, the marine environment, wildlife, public
health, safety, or education. At least 2 of the representatives
shall be appointed from among residents of communities located in
Prince William Sound. The Secretary shall appoint residents to
serve terms of 2 years each, from a list of 8 qualified individuals
to be submitted by the Governor of the State of Alaska based on
recommendations made by the governing body of each affected
community. Each affected community may submit the names of 2
qualified individuals for the Governor's consideration. No more
than 5 of the 8 qualified persons recommended by the Governor shall
be members of the same political party."
Subsec. (c)(1)(D). Pub. L. 104-324, Sec. 1102(a)(6), (8), added
subpar. (D) and struck out former subpar. (D) which read as
follows: "3 Alaska Natives who represent Native entities affected
by the EXXON VALDEZ oil spill, at least one of whom represents an
entity located in Prince William Sound, to serve terms of 2 years
each from a list of 6 qualified individuals submitted by the Alaska
Federation of Natives."
Subsec. (c)(1)(E) to (H). Pub. L. 104-324, Sec. 1102(a)(7), (8),
added subpars. (E) and (F) and redesignated former subpars. (E) and
(F) as (G) and (H), respectively.
Subsec. (c)(4). Pub. L. 104-324, Sec. 1102(a)(9), added par. (4).
Subsec. (d)(2). Pub. L. 104-324, Sec. 1102(a)(10), substituted (continued)