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33 U.S.C. § 2752 — Annual appropriations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Required** Except as provided in subsection (b), amounts in the Fund shall be available only as provided in annual appropriation Acts.
**(b) Exceptions**
(1) **In general** — Subsection (a) shall not apply to—
(A) section 2706(f), 2712(a)(4), or 2736 of this title; or
(B) an amount, which may not exceed $50,000,000 in any fiscal year, made available by the President from the Fund—
(i) to carry out [section 1321(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321/c&num=0&edition=prelim); and
(ii) to initiate the assessment of natural resources damages required under [section 2706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2706&num=0&edition=prelim).
(2) **Fund advances**
(A) *In general* — To the extent that the amount described in subparagraph (B) of paragraph (1) is not adequate to carry out the activities described in such subparagraph, the Coast Guard may obtain 1 or more advances from the Fund as may be necessary, up to a maximum of $100,000,000 for each advance, with the total amount of advances not to exceed the amounts available under [section 9509(c)(2) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9509/c/2&num=0&edition=prelim).
(B) *Notification to Congress* — Not later than 30 days after the date on which the Coast Guard obtains an advance under subparagraph (A), the Coast Guard shall notify Congress of—
(i) the amount advanced; and
(ii) the facts and circumstances that necessitated the advance.
(C) *Repayment* — Amounts advanced under this paragraph shall be repaid to the Fund when, and to the extent that, removal costs are recovered by the Coast Guard from responsible parties fo
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Stable record: federal_law:legal_authorities:record_usc_d5ec31e2f2f1cdbc4f733013
Source file: Laws/federal/codes/united-states-code/title-33/section-2752-annual-appropriations--55d7ec03c0.md
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Source location: Title 33, Chapter 40, § 2752; chapter-040-oil-pollution.md
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**(a) Required** Except as provided in subsection (b), amounts in the Fund shall be available only as provided in annual appropriation Acts.
**(b) Exceptions**
(1) **In general** — Subsection (a) shall not apply to—
(A) section 2706(f), 2712(a)(4), or 2736 of this title; or
(B) an amount, which may not exceed $50,000,000 in any fiscal year, made available by the President from the Fund—
(i) to carry out [section 1321(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321/c&num=0&edition=prelim); and
(ii) to initiate the assessment of natural resources damages required under [section 2706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2706&num=0&edition=prelim).
(2) **Fund advances**
(A) *In general* — To the extent that the amount described in subparagraph (B) of paragraph (1) is not adequate to carry out the activities described in such subparagraph, the Coast Guard may obtain 1 or more advances from the Fund as may be necessary, up to a maximum of $100,000,000 for each advance, with the total amount of advances not to exceed the amounts available under [section 9509(c)(2) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9509/c/2&num=0&edition=prelim).
(B) *Notification to Congress* — Not later than 30 days after the date on which the Coast Guard obtains an advance under subparagraph (A), the Coast Guard shall notify Congress of—
(i) the amount advanced; and
(ii) the facts and circumstances that necessitated the advance.
(C) *Repayment* — Amounts advanced under this paragraph shall be repaid to the Fund when, and to the extent that, removal costs are recovered by the Coast Guard from responsible parties for the discharge or substantial threat of discharge.
(3) **Availability** — Amounts to which this subsection applies shall remain available until expended.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purpose of this section, the term—
(1) “oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil;
(2) “discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), and subject to a condition in such permit,,11 So in original. (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), which are caused by events occurring within the scope of relevant operating or treatment systems, and (D) discharges incidental to mechanical removal authorized by the President under subsection (c) of this section;
(3) “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel;
(4) “public vessel” means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce;
(5) “United States”
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability** In the case of natural resource damages under [section 2702(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b/2/A&num=0&edition=prelim), liability shall be—
(1) to the United States Government for natural resources belonging to, managed by, controlled by, or appertaining to the United States;
(2) to any State for natural resources belonging to, managed by, controlled by, or appertaining to such State or political subdivision thereof;
(3) to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such Indian tribe; and
(4) in any case in which [section 2707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2707&num=0&edition=prelim) applies, to the government of a foreign country for natural resources belonging to, managed by, controlled by, or appertaining to such country.
**(b) Designation of trustees**
(1) **In general** — The President, or the authorized representative of any State, Indian tribe, or foreign government, shall act on behalf of the public, Indian tribe, or foreign country as trustee of natural resources to present a claim for and to recover damages to the natural resources.
(2) **Federal trustees** — The President shall designate the Federal officials who shall act on behalf of the public as trustees for natural resources under this Act.
(3) **State trustees** — The Governor of each State shall designate State and local officials who may act on behalf of the public as trustee for natural resources under this Act and shall notify the President of the designation.
(4) **Indian tribe trustees** — The governing body of any Indian tribe shall designate tribal officials who may act on behalf of
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
Page 908
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2751
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, § 1(a)(4) [div. B, title I,
§ 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 pro-
grams at the discretion of the North Pacific Research
Board.’’
SUBCHAPTER III—MISCELLANEOUS
§ 2751. Savings provision
(a) Cross-references
A reference to a law replaced by this Act, in-
cluding a reference in a regulation, order, or
other law, is deemed to refer to the cor-
responding 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 in-
curred, and proceedings that were begun before
August 18, 1990, except as provided by this sec-
tion, 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 wit
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2752
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