33 U.S.C. § 2735 — Equipment and personnel requirements

Page 905 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2735 2014—Subsec. (k)(3). Pub. L. 113–281 substituted ‘‘not less than $1,400,000’’ for ‘‘not more than $1,000,000’’ in introductory provisions. 2006—Subsec. (m)(4). Pub. L. 109–241 substituted ‘‘of the department in which the Coast Guard is oper- ating.’’ for ‘‘of Transportation.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsecs. (c)(2)(D) and (o) of this section delegated to Secretary of the Depart- ment in which the Coast Guard is operating by section 8(f), (g) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54769, as amended, 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(o)(1) of the Oil Pollu- tion 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 pur- poses 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 ter- minal 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 Pollu- tion 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 sec- tion 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. § 2733. Bligh Reef light 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, § 5003, Aug. 18, 1990, 104 Stat. 553.) § 2734. Vessel traffic service system The Secretary of Transportation shall within one year after August 18, 1990— (1) acquire, install, and operate such addi- tional equipment (which may consist of radar, closed circuit television, satellite tracking systems, or other shipboard dependent surveil- lance), train and locate such personnel, and issue such final regulations as are necessary to increase the range of the existing VTS sys- tem 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 Transportation and Infra- structure of the House of Representatives a re- port on the feasibility and desirability of in- stituting positive control of tank vessel move- ments 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, § 5004, Aug. 18, 1990, 104 Stat. 553; Pub. L. 107–295, title IV, § 408(b)(2), Nov. 25, 2002, 116 Stat. 2117.) Editorial Notes AMENDMENTS 2002—Par. (2). Pub. L. 107–295 substituted ‘‘Transpor- tation and Infrastructure’’ for ‘‘Merchant Marine and Fisheries’’. 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. § 2735. Equipment and personnel requirements under tank vessel and facility response plans (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 Trans- Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), and a response plan for such a facil- ity, 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 environ- ment, 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 imme- diately remove, to the maximum extent prac- 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 such a facility,’’ after ‘‘(43 U.S.C. 1651 et seq.).’’, which was executed by making the inser- tion after ‘‘(43 U.S.C. 1651 et seq.),’’ to reflect the prob- able intent of Congress. § 2736. Funding (a) Sections 2731, 2733, and 2734 Amounts in the Fund shall be available, with- out further appropriations and without fiscal year limitation, to carry out section 2731 of this title 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 shall be the interest produced by the Fund’s in- vestment 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 Na- tional 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, be- ginning 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 explo- ration, development, and production in the State of Alaska have ceased, the funding author- ized for the Prince William Sound Oil Spill Re- covery Institute and deposited in the Fund shall thereafter be made available for purposes of sec- tion 2712 of this title in Alaska. (d) Section 2738 Amounts in the Fund shall be available, with- out further appropriation and without fiscal year limitation, to carry out section 2738(b) of this title, 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: Pro- vided, That the entire amount is designated by the Congress as an emergency requirement pur- suant 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 avail- able only to the extent an official budget re- quest that includes designation of the entire amount of the request as an emergency require- ment 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, § 5006, Aug. 18, 1990, 104 Stat. 554; Pub. L. 104–324, title XI, § 1102(b), Oct. 19, 1996, 110 Stat. 3965; Pub. L. 106–246, div. B, title II, § 2204(2), July 13, 2000, 114 Stat. 547; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(C)], Dec. 21, 2000, 114 Stat. 2763, 2763A–239; Pub. L. 108–293, title VII, § 704, Aug. 9, 2004, 118 Stat. 1075; Pub. L. 109–58, title III, § 389(2), Aug. 8, 2005, 119 Stat. 747; Pub. L. 109–59, title IV, § 4413, Aug. 10, 2005, 119 Stat. 1779; Pub. L. 109–241, title IX, § 901(j), July 11, 2006, 120 Stat. 564.) Editorial Notes 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. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 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.