33 U.S.C. § 1441 — Monitoring and research program

Page 623 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1441 § 1418. Regulations In carrying out the responsibilities and au- thority conferred by this subchapter, the Ad- ministrator, the Secretary, and the Secretary of the department in which the Coast Guard is op- erating are authorized to issue such regulations as they may deem appropriate. (Pub. L. 92–532, title I, § 108, Oct. 23, 1972, 86 Stat. 1059.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Oct. 23, 1972, see sec- tion 110(a) of Pub. L. 92–532, set out as a note under sec- tion 1411 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1419. International cooperation The Secretary of State, in consultation with the Administrator, shall seek effective inter- national action and cooperation to insure pro- tection of the marine environment, and may, for this purpose, formulate, present, or support spe- cific proposals in the United Nations and other component international organizations for the development of appropriate international rules and regulations in support of the policy of this Act. (Pub. L. 92–532, title I, § 109, Oct. 23, 1972, 86 Stat. 1060.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Oct. 23, 1972, see sec- tion 110(a) of Pub. L. 92–532, set out as a note under sec- tion 1411 of this title. § 1420. Authorization of appropriations There are authorized to be appropriated, for purposes of carrying out this subchapter, not to exceed $12,000,000 for fiscal year 1993 and not to exceed $14,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997, to remain available until expended. (Pub. L. 92–532, title I, § 111, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 93–472, Oct. 26, 1974, 88 Stat. 1430; Pub. L. 94–62, § 1, July 25, 1975, 89 Stat. 303; Pub. L. 94–326, § 1, June 30, 1976, 90 Stat. 725; Pub. L. 95–153, § 1, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–572, § 1, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 97–16, June 23, 1981, 95 Stat. 100; Pub. L. 100–536, Oct. 28, 1988, 102 Stat. 2710; Pub. L. 102–580, title V, § 509(a), Oct. 31, 1992, 106 Stat. 4870.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–580 substituted ‘‘for fiscal year 1993 and not to exceed $14,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997, to remain available until ex- pended’’ for ‘‘for each of fiscal years 1989, 1990, and 1991’’. 1988—Pub. L. 100–536 amended section generally, sub- stituting provisions authorizing appropriations not to exceed $12,000,000 for each of fiscal years 1989, 1990, and 1991, for provisions authorizing appropriations for fiscal years 1973 to 1982. 1981—Pub. L. 97–16 increased to $4,213,000 from $2,000,000 the authorization of appropriation for fiscal year 1982. 1980—Pub. L. 96–572 inserted provisions authorizing appropriations for fiscal years 1980, 1981, and 1982. 1977—Pub. L. 95–153 inserted provision authorizing ap- propriations not to exceed $4,800,000 for fiscal year 1978. 1976—Pub. L. 94–326 inserted provision authorizing ap- propriations not to exceed $4,800,000 for fiscal year 1977. 1975—Pub. L. 94–62 substituted ‘‘not to exceed $5,500,000 for each of the fiscal years 1974 and 1975’’ for ‘‘and not to exceed $5,500,000 for fiscal years 1974 and 1975’’, and inserted provisions authorizing appropria- tion of an amount not to exceed $5,300,000 for fiscal year 1976, and not to exceed $1,325,000 for the transition period (July 1 through Sept. 30, 1976). 1974—Pub. L. 93–472 substituted ‘‘fiscal years 1974 and 1975,’’ for ‘‘fiscal year 1974,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Oct. 23, 1972, see sec- tion 110(a) of Pub. L. 92–532, set out as a note under sec- tion 1411 of this title. § 1421. Omitted Editorial Notes CODIFICATION Section, Pub. L. 92–532, title I, § 112, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 94–326, § 2, June 30, 1976, 90 Stat. 725; Pub. L. 96–470, title II, § 209(f), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 102–580, title V, § 510, Oct. 31, 1992, 106 Stat. 4870, which required the Administrator of the Environ- mental Protection Agency to report annually to Con- gress on the administration of this subchapter, termi- nated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under sec- tion 1113 of Title 31, Money and Finance. See, also, page 163 of House Document No. 103–7. SUBCHAPTER II—RESEARCH § 1441. Monitoring and research program The Secretary of Commerce, in coordination with the Secretary of the Department in which the Coast Guard is operating and with the Ad- ministrator shall, within six months of October 23, 1972, initiate a comprehensive and continuing program of monitoring and research regarding the effects of the dumping of material into ocean waters or other coastal waters where the tide ebbs and flows or into the Great Lakes or their connecting waters. (Pub. L. 92–532, title II, § 201, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 99–272, title VI, § 6061, Apr. 7, 1986, 100 Stat. 131.) Page 624 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1442 1 See References in Text note below. Editorial Notes AMENDMENTS 1986—Pub. L. 99–272 struck out provision which had required the Secretary of Commerce to report from time to time, not less frequently than annually, his findings under this section (including an evaluation of the short-term ecological effects and the social and economic factors involved) to the Congress. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1442. Research program respecting possible long-range effects of pollution, overfishing, and man-induced changes of ocean eco- systems (a) Secretary of Commerce (1) The Secretary of Commerce, in close con- sultation with other appropriate Federal depart- ments, agencies, and instrumentalities shall, within six months of October 23, 1972, initiate a comprehensive and continuing program of re- search with respect to the possible long-range effects of pollution, overfishing, and man-in- duced changes of ocean ecosystems. These re- sponsibilities shall include the scientific assess- ment of damages to the natural resources from spills of petroleum or petroleum products. In carrying out such research, the Secretary of Commerce shall take into account such factors as existing and proposed international policies affecting oceanic problems, economic consider- ations involved in both the protection and the use of the oceans, possible alternatives to exist- ing programs, and ways in which the health of the oceans may best be preserved for the benefit of succeeding generations of mankind. (2) The Secretary of Commerce shall ensure that the program under this section com- plements, when appropriate, the activities un- dertaken by other Federal agencies pursuant to subchapter I and section 1443 of this title. That program shall include but not be limited to— (A) the development and assessment of sci- entific techniques to define and quantify the degradation of the marine environment; (B) the assessment of the capacity of the marine environment to receive materials without degradation; (C) continuing monitoring programs to as- sess the health of the marine environment, in- cluding but not limited to the monitoring of bottom oxygen concentrations, contaminant levels in biota, sediments, and the water col- umn, diseases in fish and shellfish, and changes in types and abundance of indicator species; (D) the development of methodologies, tech- niques, and equipment for disposal of waste materials to minimize degradation of the ma- rine environment. (3) The Secretary of Commerce shall ensure that the comprehensive and continuing research program conducted under this subsection is con- sistent with the comprehensive plan for ocean pollution research and development and moni- toring prepared under section 1703 1 of this title. (b) Action with other nations In carrying out his responsibilities under this section, the Secretary of Commerce, under the foreign policy guidance of the President and pursuant to international agreements and trea- ties made by the President with the advice and consent of the Senate, may act alone or in con- junction with any other nation or group of na- tions, and shall make known the results of his activities by such channels of communication as may appear appropriate. (c) Cooperation of other departments, agencies, and independent instrumentalities Each department, agency, and independent in- strumentality of the Federal Government is au- thorized and directed to cooperate with the Sec- retary of Commerce in carrying out the pur- poses of this section and, to the extent per- mitted by law, to furnish such information as may be requested. (d) Utilization of personnel, services, and facili- ties; inter-agency agreements The Secretary of Commerce, in carrying out his responsibilities under this section, shall, to the extent feasible utilize the personnel, serv- ices, and facilities of other Federal departments, agencies, and instrumentalities (including those of the Coast Guard for monitoring purposes), and is authorized to enter into appropriate inter-agency agreements to accomplish this ac- tion. (Pub. L. 92–532, title II, § 202, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 94–62, § 2, July 25, 1975, 89 Stat. 303; Pub. L. 96–381, § 3, Oct. 6, 1980, 94 Stat. 1524; Pub. L. 96–470, title II, § 201(f), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 99–272, title VI, § 6062, Apr. 7, 1986, 100 Stat. 131; Pub. L. 100–627, title I, § 101, Nov. 7, 1988, 102 Stat. 3213.) Editorial Notes REFERENCES IN TEXT Section 1703 of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 102–567, title II, § 204, Oct. 29, 1992, 106 Stat. 4282. AMENDMENTS 1988—Subsec. (a)(3). Pub. L. 100–627 added par. (3). 1986—Subsec. (a). Pub. L. 99–272, § 6062(1)–(3), des- ignated existing provisions as par. (1), substituted ‘‘in close consultation’’ for ‘‘in consultation’’, and added par. (2). Subsec. (c). Pub. L. 99–272, § 6062(4), redesignated sub- sec. (d) as (c), and struck out former subsec. (c) which required the Secretary of Commerce to make an annual report to Congress, in March of each year, on the re- sults of activities undertaken by him pursuant to this section during the previous fiscal year, and to include in that report the report to Congress required by sec- tion 665 of title 16 on activities of the Department of Commerce under that section. Subsecs. (d), (e). Pub. L. 99–272, § 6062(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).