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33 U.S.C. § 2736 — Funding

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2736 — Funding

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Source location: Title 33, Chapter 40, § 2736; chapter-040-oil-pollution.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2731&num=0&edition=prelim) in the amount as determined in subsection (b), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2731&num=0&edition=prelim) 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. **(c) Use for section 2712** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2712&num=0&edition=prelim) in Alaska. **(d) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2738/b&num=0&edition=prelim), in an annual 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2738/b/2&num=0&edition=prelim): 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901/b/2/A&num=0&edition=prelim)]: 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.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 661 — Provisions relating to House of Representatives

**(a) Enforcement in House of Representatives** It shall not be in order in the House of Representatives to consider a rule or order that waives the application of [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim). **(b) Disposition of points of order** (1) **Application to House of Representatives** — This subsection shall apply only to the House of Representatives. (2) **Threshold burden** — In order to be cognizable by the Chair, a point of order under [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) or subsection (a) of this section must specify the precise language on which it is premised. (3) **Question of consideration** — As disposition of points of order under [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) or subsection (a) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order. (4) **Debate and intervening motions** — A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (5) **Effect on amendment in order as original text** — The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendm

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2731 — Oil Spill Recovery Institute

**(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 and the Interior and the Commandant of the Coast Guard, who shall be Federal employees. (C) Two representatives from the fishing industry appointed by the Governo

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1653 — Liability for damages

**(a) Activities along or in vicinity of pipeline right-of-way; strict liability; limitation on liability; subrogation; emergency subsistence and other aid; exemption for State of Alaska** (1) Except when the holder of the pipeline right-of-way granted pursuant to this chapter can prove that damages in connection with or resulting from activities along or in the vicinity of the proposed trans-Alaskan pipeline right-of-way were caused solely by an act of war or negligence of the United States, other government entity, or the damaged party, such holder shall be strictly liable to all damaged parties, public or private, without regard to fault for such damages, and without regard to ownership of any affected lands, structures, fish, wildlife, or biotic or other natural resources relied upon by Alaska Natives, Native organizations, or others for subsistence or economic purposes. Claims for such injury or damages may be determined by arbitration or judicial proceedings. (2) Liability under paragraph (1) of this subsection shall be limited to $350,000,000 for any one incident, and the holders of the right-of-way or permit shall be liable for any claim allowed in proportion to their ownership interest in the right-of-way or permit. Liability of such holders for damages in excess of $350,000,000 shall be in accord with ordinary rules of negligence. (3) In any case where liability without fault is imposed pursuant to this subsection and the damages involved were caused by the negligence of a third party, the rules of subrogation shall apply in accordance with the law of the jurisdiction where the damage occurred. (4) Upon order of the Secretary, the holder of a right-of-way or permit shall provide emergency subsistence and other aid to an affected Alaska Native, Native organ

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 900 — Statement of budget enforcement through sequestration; definitions

**(a) Omitted** **(b) General statement of budget enforcement through sequestration** This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session). **(c) Definitions** As used in this subchapter: (1) The terms “budget authority”, “new budget authority”, “outlays”, and “deficit” have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 [[2 U.S.C. 622](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section622&num=0&edition=prelim)] and “discretionary spending limit” shall mean the amounts specified in [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim). (2) The terms “sequester” and “sequestration” refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law. (3) The term “breach” means, for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category’s discretionary spending limit for new budget authority or outlays for that year, as the case may be. (4) (A) The term “nonsecurity category” means all discretionary appropriations not included in the security category defined in subparagraph (B). (B) The term “security category” includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs). (C

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 621 — Treatment of deposit insurance and agencies and other insurance programs

**(a) In general** This subchapter shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority. **(b) Study** The Director and the Director of the Congressional Budget Office shall each study whether the accounting for Federal deposit insurance programs should be on a cash basis on the same basis as loan guarantees, or on a different basis. Each Director shall report findings and recommendations to the President and the Congress on or before May 31, 1991. **(c) Access to data** For the purposes of subsection (b), the Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate these studies.

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42 U.S.C. § 911 — Budgetary treatment of trust fund operations

**(a)** The receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the taxes imposed under sections 1401 and 3101 of the Internal Revenue Code of 1986 shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. **(b)** No provision of law enacted after December 12, 1985 (other than a provision of an appropriation Act that appropriated funds authorized under this chapter as in effect on December 12, 1985) may provide for payments from the general fund of the Treasury to any Trust Fund specified in subsection (a) or for payments from any such Trust Fund to the general fund of the Treasury.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2712 — Uses of Fund

**(a) Uses generally** The Fund shall be available to the President for— (1) the payment of removal costs, including the costs of monitoring removal actions, determined by the President to be consistent with the National Contingency Plan— (A) by Federal authorities; or (B) by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement under subsection (d); (2) the payment of costs incurred by Federal, State, or Indian tribe trustees in carrying out their functions under [section 2706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2706&num=0&edition=prelim) for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of damaged resources determined by the President to be consistent with the National Contingency Plan; (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; (4) the payment of claims in accordance with [section 2713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713&num=0&edition=prelim) for uncompensated removal costs determined by the President to be consistent with the National Contingency Plan or uncompensated damages, including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process such claims (including the costs of commercial claims processing, expert services, training, and technical s

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2 U.S.C. § 901 — Enforcing discretionary spending limits

**(a) Enforcement** (1) **Sequestration** — Within 15 calendar days after Congress adjourns to end a session there shall be a sequestration to eliminate a budget-year breach, if any, within any category. (2) **Eliminating a breach** — Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category. (3) **Military personnel** — If the President uses the authority to exempt any personnel account from sequestration under [section 905(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/f&num=0&edition=prelim), each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under [section 905(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/f&num=0&edition=prelim) has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of non-exempt budgetary resources in that account at that time by the uniform percentage necessary to offset the total dollar amount by which outlays are not reduced in military personnel accounts by reason of the use of such authority. (4) **Part-year appropriations** — If, on the date specified in paragraph (1), there is in effect an Act making or continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that account under paragraphs (2) and (3) shall be subtracted from— (A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation

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2 U.S.C. § 901 — Enforcing discretionary spending limits

Page 241 TITLE 2—THE CONGRESS § 901 Budget shall each take such actions as may be nec- essary, within their respective authorities, promptly to carry out this order. SEC. 5. Effective Date. This order shall take effect upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993]. WILLIAM J. CLINTON. § 901. Enforcing discretionary spending limits (a) Enforcement (1) Sequestration Within 15 calendar days after Congress ad- journs to end a session there shall be a seques- tration to eliminate a budget-year breach, if any, within any category. (2) Eliminating a breach Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that ac- count at that time by the uniform percentage necessary to eliminate a breach within that category. (3) Military personnel If the President uses the authority to ex- empt any personnel account from sequestra- tion under section 905(f) of this title, each ac- count within subfunctional category 051 (other than those military personnel accounts for which the authority provided under section 905(f) of this title has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of non-ex- empt budgetary resources in that account at that time by the uniform percentage nec- essary to offset the total dollar amount by which outlays are not reduced in military per- sonnel accounts by reason of the use of such authority. (4) Part-year appropriations If, on the date specified in paragraph (1), there is in effect an Act making or continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that acco

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2736 — Funding

Page 906 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2736 ticable, 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 prod- ucts in Prince William Sound; (4) practice exercises not less than 2 times per year which test the capacity of the equip- ment and personnel required under this para- graph; 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 ap- proach 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 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.) Editorial Notes REFERENCES IN TEXT The Trans-Alaska Pipeline Authorization Act, re- ferred 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

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