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.

(Pub. L. 101-380, title V, Sec. 5002, Aug. 18, 1990, 104 Stat. 544.)

Delegation of Functions

Functions of President under subsecs. (c)(2)(D) and (o) of this section delegated to Secretary of Transportation by section 8(f), (g) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54769, set out as a note under section 1321 of this title.

Prince William Sound Regional Citizens Advisory Committee

Certification of President of the United States, Mar. 21, 1991, 56 F.R. 12439, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5002(0)(1) of the Oil Pollution Act of 1990 (Public Law 101-380, 104 Stat. 552) [33 U.S.C. 2732(o)(1)], I hereby certify for the year 1991 the following:

(1) that the Prince William Sound Regional Citizens Advisory Committee fosters the general goals and purposes of section 5002 of the Oil Pollution Act of 1990 for the year 1991; and (2) that the Prince William Sound Regional Citizens Advisory Committee is broadly representative of the communities and interests in the vicinity of the terminal facilities and Prince William Sound.

This certification shall be published in the Federal Register.

George Bush.

Cook Inlet Regional Citizens Advisory Council

Certification of President of the United States, Aug. 6, 1991, 56 F.R. 37819, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5002(o)(2) of the Oil Pollution Act of 1990 [33 U.S.C. 2732(o)(2)], I hereby certify for the year 1991 the following:

(1) that the Cook Inlet Regional Citizens Advisory Council has met the general goals and purposes of section 5002 of the Oil Pollution Act of 1990 for the year 1991; and

(2) that the Cook Inlet Regional Citizens Advisory Council is broadly representative of the communities and interests in the vicinity of the terminal facilities and offshore facilities in Cook Inlet.

This certification shall be published in the Federal Register.

George Bush.

BLIGH REEF LIGHT

33 USC 2733

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. (Pub. L. 101-380, title V, Sec. 5003, Aug. 18, 1990, 104 Stat. 553.)

Section Referred to in Other Sections

This section is referred to in section 2736 of this title.

33 USC 2734

VESSEL TRAFFIC SERVICE SYSTEM

The Secretary of Transportation shall within one year after August 18, 1990–

(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 (2) submit to the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives a report on the feasibility and desirability of instituting positive control of tank vessel movements in Prince William Sound by Coast Guard personnel using the Port of Valdez, Alaska, VTS system, as modified pursuant to paragraph (1).

(Pub. L. 101-380, title V, Sec. 5004, Aug. 18, 1990, 104 Stat. 553.)

Abolition of House Committee on Merchant Marine and Fisheries

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in section 2736 of this title.

EQUIPMENT AND PERSONNEL REQUIREMENTS UNDER TANK VESSEL
AND FACILITY RESPONSE PLANS

33 USC 2735

(a) In general

In addition to the requirements for response plans for vessels established by section 1321(j) of this title, a response plan for a tanker loading cargo at a facility permitted under the TransAlaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), and a response plan for such a facility, shall provide for

(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;

(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;

(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;

(4) practice exercises not less than 2 times per year which test the capacity of the equipment and personnel required under this paragraph; and

(5) periodic testing and certification of equipment required under this paragraph, as required by the Secretary.

(b) Definitions

In this section

(1) the term "Prince William Sound" means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to and encompassing Seal Rocks; and

(2) the term "worst case discharge" means

(A) in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and (B) in the case of a facility, the largest foreseeable discharge in adverse weather condi

tions.

(Pub. L. 101-380, title V, Sec. 5005, Aug. 18, 1990, 104 Stat. 553; Pub. L. 102-388, title III, Sec. 354, Oct. 6, 1992, 106 Stat. 1555.)

References in Text

The Trans-Alaska Pipeline Authorization Act, referred to in subsec. (a), is title II of Pub. L. 93-153, Nov. 16, 1973, 87 Stat. 584, which is classified generally to chapter 34 (Sec. 1651 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 43 and Tables.

Amendments

1992–Subsec. (a). Pub. L. 102-388 substituted “tanker loading cargo at" for "tank vessel operating on Prince William Sound, or" and directed the insertion of “and a response plan for such a facility," after "(43 U.S.C. 1651 et seq.).", which was executed by making the insertion after "(43 U.S.C. 1651 et seq.)," to reflect the probable intent of Congress.

FUNDING

33 USC 2736

(a) Sections 2731, 2733, and 2734

Amounts in the Fund shall be available, without further appropriations and without fiscal year limitation, to carry out section 2731 of this title in the amount as determined in subsection (b) of this section, and to carry out sections 2733 and 2734 of this title, in an amount not to exceed $5,000,000.

(b) Use of interest only

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 TransAlaska 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.

(c)' Use for section 2712

Beginning with the eleventh year following October 19, 1996, 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.

(c)' Section 2738

Amounts in the Fund shall be available, without further appropriation and without fiscal year limitation, to carry out section 2738(b) of this title, in an amount not to exceed $5,000,000 of which up to $3,000,000 may be used for the lease payment to the Alaska SeaLife Center under section 2738(b)(2) of this title: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [2 U.S.C. 901(b)(2)(A)]: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

(Pub. L. 101-380, title V, Sec. 5006, Aug. 18, 1990, 104 Stat. 554; Pub. L. 104-324, title XI, Sec. 1102(b), Oct. 19, 1996, 110 Stat. 3965; Pub. L. 106-246, div. B, title II, Sec. 2204(2), July 13, 2000, 114 Stat. 547; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(c)(1)(C)], Dec. 21, 2000, 114 Stat. 2763, 2763A-239.)

References in Text

Section 8102(a)(2)(B)(ii), referred to in subsec. (b), is section 8102(a)(2)(B)(ii) of Pub. L. 101-380, title VIII, Aug. 18, 1990, 104 Stat. 565, which is set out as a note under section 1653 of Title 43, Public Lands.

'So in original. Two subsecs. (c) have been enacted.

The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c), is title II of Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec. 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables.

Amendments

2000–Subsec. (c). Pub. L. 106-554 inserted “of which up to $3,000,000 may be used for the lease payment to the Alaska SeaLife Center under section 2738(b)(2) of this title” after “$5,000,000” in subsec. (c) relating to section 2738.

Pub. L. 106-246 added subsec. (c) relating to section 2738. 1996-Subsec. (a). Pub. L. 104-324, Sec. 1102(b)(1)(3), redesignated subsec. (b) as (a), substituted "2731, 2733," for "2733" in heading, inserted "to carry out section 2731 of this title in the amount as determined in subsection (b) of this section, and” after “limitation,”, and struck out heading and text of former subsec. (a). Text read as follows: “Amounts in the Fund shall be available, subject to appropriations, and shall remain available until expended, to carry out section 2731 of this title as follows:

(1) $5,000,000 shall be available for the first fiscal year beginning after August 18, 1990. (2) $2,000,000 shall be available for each of the 9 fiscal years following the fiscal year described in paragraph (1)."

Subsecs. (b), (c). Pub. L. 104-324, Sec. 1102(b)(4), added subsecs. (b) and (c). Former subsec. (b) redesignated (a).

Section Referred to in Other Sections

This section is referred to in sections 2712, 2731, 2752, 2761 of this title.

LIMITATION

33 USC 2737

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.

(Pub. L. 101-380, title V, Sec. 5007, Aug. 18, 1990, 104 Stat. 554.)

NORTH PACIFIC MARINE RESEARCH INSTITUTE

33 USC 2738

(a) Institute established

The Secretary of Commerce shall establish a North Pacific Marine Research Institute (hereaf ter in this section referred to as the "Institute”) to be administered at the Alaska SeaLife Center by the North Pacific Research Board.

(b) Functions

The Institute shall

(1) conduct research and carry out education and demonstration projects on or relating to the North Pacific marine ecosystem with particular emphasis on marine mammal, sea bird, fish, and shellfish populations in the Bering Sea and Gulf of Alaska including populations located in or near Kenai Fjords National Park and the Alaska Maritime National Wildlife Refuge; and

(2) lease, maintain, operate, and upgrade the necessary research equipment and related facilities necessary to conduct such research at the Alaska SeaLife Center.

(c) Evaluation and audit

The Secretary of Commerce may periodically evaluate the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section. The Federal Advisory Committee Act [5 U.S.C. App.] shall not apply to the Institute.

(d) 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.

(e) Use of funds

No funds made available to carry out this section may be used to initiate litigation, or for the acquisition of real property (other than facilities leased at the Alaska SeaLife Center). No more than 10 percent of the funds made available to carry out subsection (b)(1) of this section may be used to administer the Institute. The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 105-83 may be used to jointly administer such programs at the discretion of the North Pacific Research Board.

(f) Availability of research

The Institute shall publish and make available to any person on request the results of all research, educational, and demonstration projects conducted by the Institute. The Institute shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Park Service, the United States Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration.

(Pub. L. 101-380, title V, Sec. 5008, as added Pub. L. 106-246, div. B, title II, Sec. 2204(1), July 13, 2000, 114 Stat. 546; amended Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(c)(1)(A), (B)], Dec. 21, 2000, 114 Stat. 2763, 2763A-238, 2763A-239.)

References in Text

The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Public Law 105-83, referred to in subsec. (e), is Pub. L. 105-83, Nov. 14, 1997, 111 Stat. 1543, as amended, known as the Department of the Interior and Related Agencies Appropriations Act, 1998. For complete classification of this Act to the Code, see Tables.

Amendments

2000-Subsec. (c). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(c)(1)(A)], inserted second sentence and struck out former second sentence which read as follows: "The Comptroller General of the United States, and any of his or her duly authorized representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Institute that are pertinent to the funds received and expended by the Institute." Subsec. (e). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(c)(1)(B)], inserted at end "The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 105-83 may be used to jointly administer such programs at the discretion of the North Pacific Research Board."

Section Referred to in Other Sections

This section is referred to in section 2736 of this title.