(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 conditions. (Pub. L. 101-380, title V, § 5005, Aug. 18, 1990, 104 Stat. 553; Pub. L. 102-388, title III, § 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 (§ 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. § 2736. Funding (a) Section 2731 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). (b) Sections 2733 and 2734 Amounts in the Fund shall be available, without further appropriations and without fiscal year limitation, to carry out sections 2733 and 2734 of this title, in an amount not to exceed $5,000,000. (Pub. L. 101-380, title V, § 5006, Aug. 18, 1990, 104 Stat. 554.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2712, 2752 of this title. § 2737. Limitation 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, § 5007, Aug. 18, 1990, 104 Stat. 554.) SUBCHAPTER III-MISCELLANEOUS § 2751. Savings provision (a) Cross-references A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act. (b) Continuation of regulations An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded. (c) Rule of construction An inference of legislative construction shall not be drawn by reason of the caption or catch line of a provision enacted by this Act. (d) Actions and rights Nothing in this Act shall apply to any rights and duties that matured, penalties that were incurred, and proceedings that were begun before August 18, 1990, except as provided by this section, and shall be adjudicated pursuant to the law applicable on the date prior to August 18, 1990. (e) Admiralty and maritime law Except as otherwise provided in this Act, this Act does not affect― (1) admiralty and maritime law; or (2) the jurisdiction of the district courts of the United States with respect to civil actions under admiralty and maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled. (Pub. L. 101-380, title VI, § 6001, Aug. 18, 1990, 104 Stat. 554.) 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. § 2752. Annual appropriations (a) Required Except as provided in subsection (b) of this section, amounts in the Fund shall be available only as provided in annual appropriation Acts. (b) Exceptions Subsection (a) of this section shall not apply to sections1 2706(f), 2712(a)(4), or 2736(b) of this title, and shall not apply to an amount not to exceed $50,000,000 in any fiscal year which the President may make available from the Fund to carry out section 1321(c) of this title and to initiate the assessment of natural resources damages required under section 2706 of this title. Sums to which this subsection applies shall remain available until expended. (Pub. L. 101-380, title VI, § 6002, Aug. 18, 1990, 104 Stat. 555.) DELEGATION OF FUNCTIONS Functions of President under subsec. (b) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(a)(1)(B) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54766, set out as a note under section 1321 of this title. 1 So in original. Probably should be "section". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 9509. § 2753. Outer Banks protection (a) Short title This section may be cited as the "Outer Banks Protection Act". (b) Findings The Congress finds that (1) the Outer Banks of North Carolina is an area of exceptional environmental fragility and beauty; (2) the annual economic benefits of commercial and recreational fishing activities to North Carolina, which could be adversely affected by oil or gas development offshore the State's coast, exceeds $1,000,000,000; (3) the major industry in coastal North Carolina is tourism, which is subject to potentially significant disruption by offshore oil or gas development; (4) the physical oceanographic characteristics of the area offshore North Carolina between Cape Hatteras and the mouth of the Chesapeake Bay are not well understood, being affected by Gulf Stream western boundary perturbations and accompanying warm filaments, warm and cold core rings which separate from the Gulf Stream, wind stress, outflow from the Chesapeake Bay, Gulf Stream meanders, and intrusions of Virginia coastal waters around and over the Diamond shoals; (5) diverse and abundant fisheries resources occur in the western boundary area of the Gulf Stream offshore North Carolina, but little is understood of the complex ecological relationships between the life histories of those species and their physical, chemical, and biological environment; (6) the environmental impact statements prepared for Outer Continental Shelf lease sales numbered 56 (1981) and 78 (1983) contain insufficient and outdated environmental information from which to make decisions on approval of additional oil and gas leasing, exploration, and development activities; (7) the draft environmental report, dated November 1, 1989, and the preliminary final environmental report dated June 1, 1990, prepared pursuant to a July 14, 1989 memorandum of understanding between the State of North Carolina, the Department of the Interior, and the Mobil Oil Company, have not allayed concerns about the adequacy of the environmental information available to determine whether to proceed with additional offshore leasing, exploration, or development offshore North Carolina; and (8) the National Research Council report entitled "The Adequacy of Environmental Information for Outer Continental Shelf Oil and Gas Decisions: Florida and California", issued in 1989, concluded that (A) information with respect to those States, which have received greater scrutiny than has North Carolina, is inadequate; and (B) there are serious generic defects in the Minerals Management Service's methods of environmental analysis, reinforcing concerns about the adequacy of the scientific and technical information which are the basis for a decision to lease additional tracts or approve an exploration plan offshore North Carolina, especially with respect to oceanographic, ecological, and socioeconomic information. (c) Prohibition of oil and gas leasing, exploration, and development (1) Prohibition The Secretary of the Interior shall not- (C) approve any exploration plan; (D) approve any development and production plan; (E) approve any application for permit to drill; or (F) permit any drilling, for oil or gas under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] on any lands of the Outer Continental Shelf offshore North Carolina. (2) Boundaries For purposes of paragraph (1), the term "offshore North Carolina" means the area within the lateral seaward boundaries between areas offshore North Carolina and areas offshore (A) Virginia as provided in the joint resolution entitled "Joint resolution granting the consent of Congress to an agreement between the States of North Carolina and Virginia establishing their lateral seaward boundary" approved October 27, 1972 (86 Stat. 1298); and (B) South Carolina as provided in the Act entitled "An Act granting the consent of Congress to the agreement between the States of North Carolina and South Carolina establishing their lateral seaward boundary" approved October 9, 1981 (95 Stat. 988). (3) Duration of prohibition (A) In general The prohibition under paragraph (1) shall remain in effect until the later of (i) October 1, 1991; or (ii) 45 days of continuous session of the Congress after submission of a written report to the Congress by the Secretary of the Interior, made after consideration of the findings and recommendations of the Environmental Sciences Review Panel under subsection (e) of this section (I) certifying that the information available, including information acquired pursuant to subsection (d) of this section, is sufficient to enable the Secretary to carry out his responsibilities under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] with respect to authorizing the activities described in paragraph (1); and (II) including a detailed explanation of any differences between such certification and the findings and recommen dations of the Environmental Sciences Review Panel under subsection (e) of this section, and a detailed justification of each such difference. (B) Continuous session of Congress In computing any 45-day period of continuous session of Congress under subparagraph (A)(ii)— (i) continuity of session is broken only by an adjournment of the Congress sine die; and (ii) the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain are excluded. (d) Additional environmental information The Secretary of the Interior shall undertake ecological and socioeconomic studies, additional physical oceanographic studies, including actual field work and the correlation of existing data, and other additional environmental studies, to obtain sufficient information about all significant conditions, processes, and environments which influence, or may be influenced by, oil and gas leasing, exploration, and development activities offshore North Carolina to enable the Secretary to carry out his responsibilities under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] with respect to authorizing the activities described in subsection (c)(1) of this section. During the time that the Environmental Sciences Review Panel established under subsection (e) of this section is in existence, the Secretary of the Interior shall consult with such Panel in carrying out this subsection. (e) Environmental Sciences Review Panel (1) Establishment and membership There shall be established an Environmental Sciences Review Panel, to consist of (A) 1 marine scientist selected by the Secretary of the Interior; (B) 1 marine scientist selected by the Governor of North Carolina; and (C) 1 person each from the disciplines of physical oceanography, ecology, and social science, to be selected jointly by the Secretary of the Interior and the Governor of North Carolina from a list of individuals nominated by the National Academy of Sci ences. (2) Functions Not later than 6 months after August 18, 1990, the Environmental Sciences Review Panel shall (A) prepare and submit to the Secretary of the Interior findings and recommendations (i) assessing the adequacy of available physical oceanographic, ecological, and socioeconomic information in enabling the Secretary to carry out his responsibilities under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] with respect to authorizing the activities described in subsection (c)(1) of this section; and (ii) if such available information is not adequate for such purposes, indicating what additional information is required to enable the Secretary to carry out such responsibilities; and (B) consult with the Secretary of the Interior as provided in subsection (d) of this section. (3) Expenses Each member of the Environmental Sciences Review Panel shall be reimbursed for actual travel expenses and shall receive per diem in lieu of subsistence for each day such member is engaged in the business of the Environmental Sciences Review Panel. (4) Termination The Environmental Sciences Review Panel shall be terminated after the submission of all findings and recommendations required under paragraph (2)(A). (f) Authorization of appropriations There are authorized to be appropriated to the Secretary of the Interior to carry out this section not to exceed $500,000 for fiscal year 1991, to remain available until expended. (Pub. L. 101-380, title VI, § 6003, Aug. 18, 1990, 104 Stat. 555.) REFERENCES IN TEXT The Outer Continental Shelf Lands Act referred to in subsecs. (c)(1), (3)(A)(ii)(I), (d), and (e)(2)(A)(i), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands, For complete classification of this Act to the Code, see Short Title note set out under section 1331 of Title 43 and Tables. The joint resolution entitled "Joint resolution granting the consent of Congress to an agreement between the States of North Carolina and Virginia establishing their lateral seaward boundary" approved October 27, 1972, referred to in subsec. (c)(2)(A), is Pub. L. 92-588, Oct. 27, 1972, 86 Stat. 1298, which is not classified to the Code. The Act entitled "An Act granting the consent of Congress to the agreement between the States of North Carolina and South Carolina establishing their lateral seaward boundary" approved October 9, 1981, referred to in subsec. (c)(2)(B), is Pub. L. 97-59, Oct. 9, 1981, 95 Stat. 988, which is not classified to the Code. SUBCHAPTER IV-OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 2712 of this title. § 2761. Oil pollution research and development program (a) Interagency Coordinating Committee on Oil Pollution Research (1) Establishment There is established an Interagency Coordinating Committee on Oil Pollution Research (hereinafter in this section referred to as the "Interagency Committee"). (2) Purposes 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, universities, research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research. (3) Membership The Interagency Committee shall include representatives from the Department of Commerce (including the National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology), the Department of Energy, the Department of the Interior (including the Minerals Management Service and the United States Fish and Wildlife Service), the Department of Transportation (including the United States Coast Guard, the Maritime Administration, and the Research and Special Projects Administration), the Department of Defense (including the Army Corps of Engineers and the Navy), the Environmental Protection Agency, the National Aeronautics and Space Administration, and the United States Fire Administration in the Federal Emergency Management Agency, as well as such other Federal agencies as the President may designate. A representative of the Department of Transportation shall serve as Chairman. (b) Oil pollution research and technology plan (1) Implementation plan Within 180 days after August 18, 1990, the Interagency Committee shall submit to Congress a plan for the implementation of the oil pollution research, development, and demonstration program established pursuant to subsection (c) of this section. The research plan shall (A) identify agency roles and responsibilities; (B) assess the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment; (C) identify significant oil pollution research gaps including an assessment of major technological deficiencies in responses to past oil discharges; (D) establish research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects; (E) estimate the resources needed to conduct the oil pollution research and development program established pursuant to subsection (c) of this section, and timetables for completing research tasks; and (F) identify, in consultation with the States, regional oil pollution research needs and priorities for a coordinated, multidisciplinary program of research at the regional level. (2) Advice and guidance The Chairman, through the Department of Transportation, shall contract with the National Academy of Sciences to (A) provide advice and guidance in the preparation and development of the research plan; and (B) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment. The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to its activities under this section. (c) Oil pollution research and development program (1) Establishment The Interagency Committee shall coordinate the establishment, by the agencies represented on the Interagency Committee, of a program for conducting oil pollution research and development, as provided in this subsection. (2) Innovative oil pollution technology The program established under this subsection shall provide for research, development, and demonstration of new or improved technologies which are effective in preventing or mitigating oil discharges and which 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; (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 popula tion 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. (3) Oil pollution technology evaluation The program established under this subsection 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 this subsection; (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. (4) Oil pollution effects research (A) The Committee shall establish a research program to monitor and evaluate the environmental effects of oil discharges. 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) 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. (iv) The collection of environmental baseline data in ecologically sensitive areas at particular risk to oil discharges where such data are insufficient. (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 Huntington Beach, California, where oil was discharged by the AMERICAN TRADER. (C) Research conducted under this paragraph by, or through, the United States Fish and Wildlife Service shall be directed and coordinated by the National Wetland Research Center. (5) Marine simulation research The program established under this subsection shall include research on the greater use and application of geographic and vessel response simulation models, including the development of additional data bases and updating of existing data bases using, among others, the resources of the National Maritime Research Center. It shall include research and vessel simulations for (A) contingency plan evaluation and amendment; (B) removal and strike team training; (C) tank vessel personnel training; and (D) those geographic areas where there is a significant likelihood of a major oil discharge. (6) Demonstration projects The United States Coast Guard, in conjunction with other such agencies in the Department of Transportation as the Secretary of Transportation 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 |