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

Page 897 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2731 nancial responsibility under section 2716 of this title. (Pub. L. 101–380, title I, § 1019, Aug. 18, 1990, 104 Stat. 506.) § 2720. Differentiation among fats, oils, and greases (a) In general Except as provided in subsection (c), in issuing or enforcing any regulation or establishing any interpretation or guideline relating to the trans- portation, storage, discharge, release, emission, or disposal of a fat, oil, or grease under any Fed- eral law, the head of that Federal agency shall— (1) differentiate between and establish sepa- rate classes for— (A) animal fats and oils and greases, and fish and marine mammal oils, within the meaning of paragraph (2) of section 61(a) of title 13, and oils of vegetable origin, includ- ing oils from the seeds, nuts, and kernels re- ferred to in paragraph (1)(A) of that section; and (B) other oils and greases, including petro- leum; and (2) apply standards to different classes of fats and oils based on considerations in sub- section (b). (b) Considerations In differentiating between the class of fats, oils, and greases described in subsection (a)(1)(A) and the class of oils and greases described in subsection (a)(1)(B), the head of the Federal agency shall consider differences in the phys- ical, chemical, biological, and other properties, and in the environmental effects, of the classes. (c) Exception The requirements of this Act shall not apply to the Food and Drug Administration and the Food Safety and Inspection Service. (Pub. L. 104–55, § 2, Nov. 20, 1995, 109 Stat. 546.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L. 104–55, Nov. 20, 1995, 109 Stat. 546, which enacted this section and amended sections 2704 and 2716 of this title. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under sec- tion 2701 of this title and Tables. CODIFICATION Section was enacted as part of the Edible Oil Regu- latory Reform Act, and not as part of title I of the Oil Pollution Act of 1990 which comprises this subchapter. Section is comprised of section 2 of Pub. L. 104–55. Subsec. (d) of section 2 of Pub. L. 104–55 amended sec- tions 2704 and 2716 of this title. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 105–277, div. A, § 101(g) [title III, § 343], Oct. 21, 1998, 112 Stat. 2681–439, 2681–473, provided that: ‘‘(a) None of the funds made available by this Act or subsequent Acts may be used by the Coast Guard to issue, implement, or enforce a regulation or to estab- lish an interpretation or guideline under the Edible Oil Regulatory Reform Act (Public Law 104–55) [see Short Title of 1995 Amendment note set out under section 2701 of this title], or the amendments made by that Act, that does not recognize and provide for, with respect to fats, oils, and greases (as described in that Act, or the amendments made by that Act) differences in— ‘‘(1) physical, chemical, biological and other rel- evant properties; and ‘‘(2) environmental effects. ‘‘(b) Not later than March 31, 1999, the Secretary of Transportation shall issue regulations amending 33 CFR 154 to comply with the requirements of Public Law 104–55.’’ [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.] Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2499, provided that: ‘‘Not later than March 31, 1999, the Ad- ministrator of the Environmental Protection Agency shall issue regulations amending 40 C.F.R. 112 to com- ply with the requirements of the Edible Oil Regulatory Reform Act (Public Law 104–55) [see Short Title of 1995 Amendment note set out under section 2701 of this title]. Such regulations shall differentiate between and establish separate classes for animal fats and oils and greases, and fish and marine mammal oils (as described in that Act), and other oils and greases, and shall apply standards to such different classes of fats and oils based on differences in the physical, chemical, biological, and other properties, and in the environmental effects, of the classes. None of the funds made available by this Act or in subsequent Acts may be used by the Environ- mental Protection Agency to issue or to establish an interpretation or guidance relating to fats, oils, and greases (as described in Public Law 104–55) that does not comply with the requirements of the Edible Oil Regulatory Reform Act.’’ SENSE OF CONGRESS ON IMPLEMENTATION OF REGULA- TIONS REGARDING ANIMAL FATS AND VEGETABLE OILS Pub. L. 104–324, title XI, § 1130, Oct. 19, 1996, 110 Stat. 3985, as amended by Pub. L. 111–207, § 4(a)(1), July 27, 2010, 124 Stat. 2251, provided that regulations or guide- lines issued pursuant to Pub. L. 104–55 should take into account the differences among classes of fats, oils, and greases described under that law. SUBCHAPTER II—PRINCE WILLIAM SOUND PROVISIONS § 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 sec- tion 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 de- signed to— (1) identify and develop the best available techniques, equipment, and materials for deal- ing 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 Page 898 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2731 resources of Prince William Sound and its ad- jacent waters (as generally depicted on the map entitled ‘‘EXXON VALDEZ oil spill dated March 1990’’), and the environment, the econ- omy, 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 deter- mined by an advisory board, composed of 16 members appointed as follows: (A) One representative appointed by each of the Commissioners of Fish and Game, En- vironmental Conservation, and Natural Re- sources 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 Inte- rior and the Commandant of the Coast Guard, who shall be Federal employees. (C) Two representatives from the fishing industry appointed by the Governor of the State of Alaska from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill, who shall serve terms of 2 years each. Interested orga- nizations from within the fishing industry may submit the names of qualified individ- uals for consideration by the Governor. (D) Two Alaska Natives who represent Na- tive entities affected by the EXXON VALDEZ oil spill, at least one of whom rep- resents an entity located in Prince William Sound, appointed by the Governor of Alaska from a list of 4 qualified individuals sub- mitted by the Alaska Federation of Natives, who shall serve terms of 2 years each. (E) Two representatives from the oil and gas industry to be appointed by the Gov- ernor of the State of Alaska who shall serve terms of 2 years each. Interested organiza- tions from within the oil and gas industry may submit the names of qualified individ- uals for consideration by the Governor. (F) Two at-large representatives from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about the marine environment and wildlife within Prince William Sound, and who shall serve terms of 2 years each, appointed by the re- maining members of the Advisory Board. In- terested parties may submit the names of qualified individuals for consideration by the Advisory Board. (G) One nonvoting representative of the Institute of Marine Science. (H) One nonvoting representative ap- pointed by the Prince William Sound Science and Technology Institute. (2) Chairman The representative of the Secretary of Com- merce shall serve as Chairman of the Advisory Board. (3) Policies Policies determined by the Advisory Board under this subsection shall include policies for the conduct and support, through contracts and grants awarded on a nationally competi- tive basis, of research, projects, and studies to be supported by the Institute in accordance with the purposes of this section. (4) Scientific review The Advisory Board may request a scientific review of the research program every five years by the National Academy of Sciences which shall perform the review, if requested, as part of its responsibilities under section 2761(b)(2) of this title. (d) Scientific and technical committee (1) In general The Advisory Board shall establish a sci- entific and technical committee, composed of specialists in matters relating to oil spill con- tainment and cleanup technology, arctic and subarctic marine ecology, and the living re- sources and socioeconomics of Prince William Sound and its adjacent waters, from the Uni- versity of Alaska, the Institute of Marine Science, the Prince William Sound Science and Technology Institute, and elsewhere in the academic community. (2) Functions The Scientific and Technical Committee shall provide such advice to the Advisory Board as the Advisory Board shall request, in- cluding recommendations regarding the con- duct and support of research, projects, and studies in accordance with the purposes of this section. The Advisory Board shall not request, and the Committee shall not provide, any ad- vice which is not directly related to Arctic or Subarctic oil spills or the effects thereof. (e) Director The Institute shall be administered by a Di- rector appointed by the Advisory Board. The Prince William Sound Science and Technology Institute and the Scientific and Technical Com- mittee may each submit independent rec- ommendations for the Advisory Board’s consid- eration for appointment as Director. The Direc- tor may hire such staff and incur such expenses on behalf of the Institute as are authorized by the Advisory Board. (f) Evaluation The Secretary of Commerce may conduct an ongoing evaluation of the activities of the Insti- tute to ensure that funds received by the Insti- tute are used in a manner consistent with this section. (g) Audit The Comptroller General of the United States, and any of his or her duly authorized representa- tives, shall have access, for purposes of audit and examination, to any books, documents, pa- pers, and records of the Institute and its admin- istering agency that are pertinent to the funds received and expended by the Institute and its administering agency. (h) Status of employees Employees of the Institute shall not, by rea- son of such employment, be considered to be em- ployees of the Federal Government for any pur- pose. Page 899 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2731 (i) Termination The authorization in section 2736(b) of this title providing funding for the Institute shall terminate 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. (j) Use of funds No funds made available to carry out this sec- tion may be used to initiate litigation. No funds made available to carry out this section may be used for the acquisition of real property (includ- ing buildings) or construction of any building. No more than 20 percent of funds made available to carry out this section may be used to lease necessary facilities and to administer the Insti- tute. The Advisory Board may compensate its Federal representatives for their reasonable travel costs. None of the funds authorized by this section shall be used for any purpose other than the functions specified in subsection (b). (k) Research The Institute shall publish and make available to any person upon request the results of all re- search, educational, and demonstration projects conducted by the Institute. The Administrator shall provide a copy of all research, educational, and demonstration projects conducted by the In- stitute to the National Oceanic and Atmos- pheric Administration. (l) ‘‘Prince William Sound and its adjacent wa- ters’’ defined In this section, the term ‘‘Prince William Sound and its adjacent waters’’ means such sound and waters as generally depicted on the map entitled ‘‘EXXON VALDEZ oil spill dated March 1990’’. (Pub. L. 101–380, title V, § 5001, Aug. 18, 1990, 104 Stat. 542; Pub. L. 104–324, title XI, § 1102(a), Oct. 19, 1996, 110 Stat. 3964; Pub. L. 107–295, title IV, § 427, Nov. 25, 2002, 116 Stat. 2127; Pub. L. 109–58, title III, § 389(1), Aug. 8, 2005, 119 Stat. 747; Pub. L. 109–241, title IX, § 902(l)(1), July 11, 2006, 120 Stat. 568.) Editorial Notes AMENDMENTS 2006—Subsec. (c)(1)(B). Pub. L. 109–241 substituted ‘‘Commerce and the Interior and the Commandant of the Coast Guard,’’ for ‘‘Commerce, the Interior, and Transportation,’’. 2005—Subsec. (i). Pub. L. 109–58 substituted ‘‘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’’ for ‘‘September 30, 2012’’. 2002—Subsec. (i). Pub. L. 107–295 substituted ‘‘Sep- tember 30, 2012’’ for ‘‘10 years after October 19, 1996’’. 1996—Subsec. (a). Pub. L. 104–324, § 1102(a)(1), (2), struck out ‘‘to be administered by the Secretary of Commerce’’ after ‘‘as the ‘Institute’)’’ and substituted ‘‘located’’ for ‘‘and located’’. Subsec. (b)(2). Pub. L. 104–324, § 1102(a)(3), substituted ‘‘Arctic or Subarctic oil spills’’ for ‘‘the EXXON VALDEZ oil spill’’ in two places. Subsec. (c)(1). Pub. L. 104–324, § 1102(a)(4), substituted ‘‘16’’ for ‘‘18’’ in introductory provisions. Subsec. (c)(1)(A). Pub. L. 104–324, § 1102(a)(5), sub- stituted ‘‘, and Natural Resources’’ for ‘‘, Natural Re- sources, and Commerce and Economic Development’’. Subsec. (c)(1)(B). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘One representative appointed by each of— ‘‘(i) the Secretaries of Commerce, the Interior, Ag- riculture, Transportation, and the Navy; and ‘‘(ii) the Administrator of the Environmental Pro- tection Agency; all of whom shall be Federal employees.’’ Subsec. (c)(1)(C). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘4 representatives appointed by the Secretary of Commerce from among residents of com- munities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about fish- eries, other local industries, the marine environment, wildlife, public health, safety, or education. At least 2 of the representatives shall be appointed from among residents of communities located in Prince William Sound. The Secretary shall appoint residents to serve terms of 2 years each, from a list of 8 qualified individ- uals to be submitted by the Governor of the State of Alaska based on recommendations made by the gov- erning body of each affected community. Each affected community may submit the names of 2 qualified indi- viduals for the Governor’s consideration. No more than 5 of the 8 qualified persons recommended by the Gov- ernor shall be members of the same political party.’’ Subsec. (c)(1)(D). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (D) and struck out former subpar. (D) which read as follows: ‘‘3 Alaska Natives who represent Na- tive entities affected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, to serve terms of 2 years each from a list of 6 qualified individuals submitted by the Alaska Federation of Natives.’’ Subsec. (c)(1)(E) to (H). Pub. L. 104–324, § 1102(a)(7), (8), added subpars. (E) and (F) and redesignated former sub- pars. (E) and (F) as (G) and (H), respectively. Subsec. (c)(4). Pub. L. 104–324, § 1102(a)(9), added par. (4). Subsec. (d)(2). Pub. L. 104–324, § 1102(a)(10), substituted ‘‘Arctic or Subarctic oil spills’’ for ‘‘the EXXON VALDEZ oil spill’’. Subsec. (e). Pub. L. 104–324, § 1102(a)(11)–(13), sub- stituted ‘‘appointed by the Advisory Board’’ for ‘‘ap- pointed by the Secretary of Commerce’’, struck out ‘‘, the Advisory Board,’’ after ‘‘Technology Institute’’, and substituted ‘‘Advisory Board’s’’ for ‘‘Secretary’s’’. Subsec. (i). Pub. L. 104–324, § 1102(a)(14), (15), inserted ‘‘authorization in section 2736(b) of this title providing funding for the’’ after ‘‘The’’ and substituted ‘‘October 19, 1996’’ for ‘‘August 18, 1990’’. Subsec. (j). Pub. L. 104–324, § 1102(a)(16), (17), struck out first sentence which read as follows: ‘‘All funds au- thorized for the Institute shall be provided through the National Oceanic and Atmospheric Administration.’’, and inserted ‘‘The Advisory Board may compensate its Federal representatives for their reasonable travel costs.’’ after ‘‘Institute.’’ Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod beginning on the date of their establishment, un- less, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board estab- lished by Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Gov- ernment Organization and Employees. Page 900 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2732 § 2732. Terminal and tanker oversight and moni- toring (a) Short title and findings (1) Short title This section may be cited as the ‘‘Oil Ter- minal and Oil Tanker Environmental Over- sight and Monitoring Act of 1990’’. (2) Findings The Congress finds that— (A) the March 24, 1989, grounding and rup- ture of the fully loaded oil tanker, the EXXON VALDEZ, spilled 11 million gallons of crude oil in Prince William Sound, an en- vironmentally sensitive area; (B) many people believe that complacency on the part of the industry and government personnel responsible for monitoring the op- eration of the Valdez terminal and vessel traffic in Prince William Sound was one of the contributing factors to the EXXON VALDEZ oil spill; (C) one way to combat this complacency is to involve local citizens in the process of preparing, adopting, and revising oil spill contingency plans; (D) a mechanism should be established which fosters the long-term partnership of industry, government, and local commu- nities in overseeing compliance with envi- ronmental concerns in the operation of crude oil terminals; (E) such a mechanism presently exists at the Sullom Voe terminal in the Shetland Is- lands and this terminal should serve as a model for others; (F) because of the effective partnership that has developed at Sullom Voe, Sullom Voe is considered the safest terminal in Eu- rope; (G) the present system of regulation and oversight of crude oil terminals in the United States has degenerated into a process of continual mistrust and confrontation; (H) only when local citizens are involved in the process will the trust develop that is necessary to change the present system from confrontation to consensus; (I) a pilot program patterned after Sullom Voe should be established in Alaska to fur- ther refine the concepts and relationships involved; and (J) similar programs should eventually be established in other major crude oil termi- nals in the United States because the recent oil spills in Texas, Delaware, and Rhode Is- land indicate that the safe transportation of crude oil is a national problem. (b) Demonstration programs (1) Establishment There are established 2 Oil Terminal and Oil Tanker Environmental Oversight and Moni- toring Demonstration Programs (hereinafter referred to as ‘‘Programs’’) to be carried out in the State of Alaska. (2) Advisory function The function of these Programs shall be ad- visory only. (3) Purpose The Prince William Sound Program shall be responsible for environmental monitoring of the terminal facilities in Prince William Sound and the crude oil tankers operating in Prince William Sound. The Cook Inlet Pro- gram shall be responsible for environmental monitoring of the terminal facilities and crude oil tankers operating in Cook Inlet located South of the latitude at Point Possession and North of the latitude at Amatuli Island, in- cluding offshore facilities in Cook Inlet. (4) Suits barred No program, association, council, committee or other organization created by this section may sue any person or entity, public or pri- vate, concerning any matter arising under this section except for the performance of con- tracts. (c) Oil Terminal Facilities and Oil Tanker Oper- ations Association (1) Establishment There is established an Oil Terminal Facili- ties and Oil Tanker Operations Association (hereinafter in this section referred to as the ‘‘Association’’) for each of the Programs es- tablished under subsection (b). (2) Membership Each Association shall be comprised of 4 in- dividuals as follows: (A) One individual shall be designated by the owners and operators of the terminal fa- cilities and shall represent those owners and operators. (B) One individual shall be designated by the owners and operators of the crude oil tankers calling at the terminal facilities and shall represent those owners and operators. (C) One individual shall be an employee of the State of Alaska, shall be designated by the Governor of the State of Alaska, and shall represent the State government. (D) One individual shall be an employee of the Federal Government, shall be designated by the President, and shall represent the Federal Government. (3) Responsibilities Each Association shall be responsible for re- viewing policies relating to the operation and maintenance of the oil terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of their re- spective terminals. Each Association shall provide a forum among the owners and opera- tors of the terminal facilities, the owners and operators of crude oil tankers calling at those facilities, the United States, and the State of Alaska to discuss and to make recommenda- tions concerning all permits, plans, and site- specific regulations governing the activities and actions of the terminal facilities which af- fect or may affect the environment in the vi- cinity of the terminal facilities and of crude oil tankers calling at those facilities. (4) Designation of existing organization The Secretary may designate an existing nonprofit organization as an Association