33 U.S.C. § 2761 — Oil pollution research and development

Page 909 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2761 circumstances necessitating the advance; and (3) amounts’’ for ‘‘advance. Amounts’’, could not be exe- cuted because of prior amendment by Pub. L. 111–191. See below. Pub. L. 111–191, in second sentence, inserted ‘‘(1)’’ after ‘‘Coast Guard’’ and ‘‘and (2) in the case of the dis- charge of oil that began in 2010 in connection with the explosion on, and sinking of, the mobile offshore drill- ing unit Deepwater Horizon, may, without further ap- propriation, obtain 1 or more advances from the Fund as needed, up to a maximum of $100,000,000 for each ad- vance, with the total amount of all advances not to ex- ceed the amounts available under section 9509(c)(2) of title 26, and within 7 days of each advance, shall notify Congress of the amount advanced and the facts and cir- cumstances necessitating the advance’’ before period at end. 2002—Subsec. (b). Pub. L. 107–295 inserted after first sentence ‘‘To the extent that such amount is not ade- quate, the Coast Guard may obtain an advance from the Fund of such sums as may be necessary, up to a maximum of $100,000,000, and within 30 days shall notify Congress of the amount advanced and the facts and cir- cumstances necessitating the advance. Amounts ad- vanced shall be repaid to the Fund when, and to the ex- tent that, removal costs are recovered by the Coast Guard from responsible parties for the discharge or sub- stantial threat of discharge.’’ 1996—Subsec. (b). Pub. L. 104–324 substituted ‘‘2736’’ for ‘‘2736(b)’’. 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. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (b) of this sec- tion delegated to Secretary of Department in which Coast Guard is operating by section 7(a)(1)(B) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54766, set out as a note under section 1321 of this title. § 2753. Repealed. Pub. L. 104–134, title I, § 101(c) [title I, § 109], Apr. 26, 1996, 110 Stat. 1321–156, 1321–177; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327 Section, Pub. L. 101–380, title VI, § 6003, Aug. 18, 1990, 104 Stat. 555, related to protection of the Outer Banks of North Carolina. SUBCHAPTER IV—OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM § 2761. Oil pollution research and development program (a) Definitions In this section— (1) the term ‘‘Chair’’ means the Chairperson of the Interagency Committee designated under subsection (c)(2); (2) the term ‘‘Commandant’’ means the Com- mandant of the Coast Guard; (3) the term ‘‘institution of higher edu- cation’’ means an institution of higher edu- cation, as defined in section 1001(a) of title 20; (4) the term ‘‘Interagency Committee’’ means the Interagency Coordinating Com- mittee on Oil Pollution Research established under subsection (b); (5) the term ‘‘Under Secretary’’ means the Under Secretary of Commerce for Oceans and Atmosphere; and (6) the term ‘‘Vice Chair’’ means the Vice Chairperson of the Interagency Committee designated under subsection (c)(3). (b) Establishment of Interagency Coordinating Committee on Oil Pollution Research (1) Establishment There is established an Interagency Coordi- nating Committee on Oil Pollution Research. (2) Purpose The Interagency Committee shall coordinate a comprehensive program of oil pollution re- search, technology development, and dem- onstration among the Federal agencies, in co- operation and coordination with industry, 4- year institutions of higher education and re- search institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research. (c) Membership (1) Composition The Interagency Committee shall be com- posed of— (A) at least 1 representative of the Coast Guard; (B) at least 1 representative of the Na- tional Oceanic and Atmospheric Administra- tion; (C) at least 1 representative of the Envi- ronmental Protection Agency; (D) at least 1 representative of the Depart- ment of the Interior; (E) at least 1 representative of the Bureau of Safety and Environmental Enforcement; (F) at least 1 representative of the Bureau of Ocean Energy Management; (G) at least 1 representative of the United States Fish and Wildlife Service; (H) at least 1 representative of the Depart- ment of Energy; (I) at least 1 representative of the Pipeline and Hazardous Materials Safety Administra- tion; (J) at least 1 representative of the Federal Emergency Management Agency; (K) at least 1 representative of the Navy; (L) at least 1 representative of the Corps of Engineers; (M) at least 1 representative of the United States Arctic Research Commission; and (N) at least 1 representative of each of such other Federal agencies as the President considers to be appropriate. (2) Chairperson The Commandant shall designate a Chair- person from among the members of the Inter- agency Committee selected under paragraph (1)(A). (3) Vice Chairperson The Under Secretary shall designate a Vice Chairperson from among the members of the Page 910 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2761 Interagency Committee selected under para- graph (1)(B). (4) Meetings (A) Quarterly meetings At a minimum, the members of the Inter- agency Committee shall meet once each quarter. (B) Public summaries After each meeting, a summary shall be made available by the Chair or Vice Chair, as appropriate. (d) Duties of the Interagency Committee (1) Research The Interagency Committee shall— (A) coordinate a comprehensive program of oil pollution research, technology develop- ment, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, States, Indian tribes, and other countries, as appro- priate; and (B) foster cost-effective research mecha- nisms, including the joint funding of re- search and the development of public-private partnerships for the purpose of expanding re- search. (2) Oil pollution research and technology plan (A) Implementation plan Not later than 180 days after January 1, 2021, the Interagency Committee shall sub- mit to Congress a research plan to report on the state of oil discharge prevention and re- sponse capabilities that— (i) identifies current research programs conducted by Federal agencies, States, In- dian tribes, 4-year institutions of higher education, and corporate entities; (ii) assesses the current status of knowl- edge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment; (iii) identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in re- sponses to past oil discharges; (iv) establishes national research prior- ities and goals for oil pollution technology development related to prevention, re- sponse, mitigation, and environmental ef- fects; (v) assesses the research on the applica- bility and effectiveness of the prevention, response, and mitigation technologies to each class of oil; (vi) estimates the resources needed to conduct the oil pollution research and de- velopment program established pursuant to subsection (e), and timetables for com- pleting research tasks; (vii) summarizes research on response equipment in varying environmental con- ditions, such as in currents, ice cover, and ice floes; and (viii) includes such other information or recommendations as the Interagency Com- mittee determines to be appropriate. (B) Advice and guidance (i) National Academy of Sciences contract The Chair, through the department in which the Coast Guard is operating, shall contract with the National Academy of Sciences to— (I) provide advice and guidance in the preparation and development of the re- search plan; (II) assess the adequacy of the plan as submitted, and submit a report to Con- gress on the conclusions of such assess- ment; and (III) provide organization guidance re- garding the implementation of the re- search plan, including delegation of top- ics and research among Federal agencies represented on the Interagency Com- mittee. (ii) NIST advice and guidance The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to its ac- tivities under this section. (C) 10-year updates Not later than 10 years after January 1, 2021, and every 10 years thereafter, the Inter- agency Committee shall submit to Congress a research plan that updates the information contained in the previous research plan sub- mitted under this subsection. (e) Oil pollution research and development pro- gram (1) Establishment The Interagency Committee shall coordinate the establishment, by the agencies represented on the Interagency Committee, of a program for conducting oil pollution research, tech- nology, and development, as provided in this subsection. (2) Innovative oil pollution technology The program established under paragraph (1) shall provide for research, development, and demonstration of new or improved tech- nologies and methods that are effective in pre- venting, mitigating, or restoring damage from oil discharges and that protect the environ- ment, including— (A) development of improved designs for vessels and facilities, and improved oper- ational practices; (B) research, development, and demonstra- tion of improved technologies to measure the ullage of a vessel tank, prevent dis- charges from tank vents, prevent discharges during lightering and bunkering operations, contain discharges on the deck of a vessel, prevent discharges through the use of vacu- ums in tanks, and otherwise contain dis- charges of oil from vessels and facilities; (C) research, development, and demonstra- tion of new or improved systems of mechan- ical, chemical, biological, and other methods (including the use of dispersants, solvents, and bioremediation) for the recovery, re- Page 911 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2761 moval, and disposal of oil, including evalua- tion of the environmental effects of the use of such systems; (D) research and training, in consultation with the National Response Team, to im- prove industry’s and Government’s ability to quickly and effectively remove an oil dis- charge, including the long-term use, as ap- propriate, of the National Spill Control School in Corpus Christi, Texas, and the Center for Marine Training and Safety in Galveston, Texas; (E) research to improve information sys- tems for decisionmaking, including the use of data from coastal mapping, baseline data, and other data related to the environmental effects of oil discharges, and cleanup tech- nologies; (F) development of technologies and meth- ods to protect public health and safety from oil discharges, including the population di- rectly exposed to an oil discharge; (G) development of technologies, methods, and standards for protecting removal per- sonnel, including training, adequate super- vision, protective equipment, maximum ex- posure limits, and decontamination proce- dures; (H) research and development of methods to restore and rehabilitate natural resources damaged by oil discharges; (I) research to evaluate the relative effec- tiveness and environmental impacts of bio- remediation technologies; and (J) the demonstration of a satellite-based, dependent surveillance vessel traffic system in Narragansett Bay to evaluate the utility of such system in reducing the risk of oil discharges from vessel collisions and groundings in confined waters. (3) Oil pollution technology evaluation The program established under paragraph (1) shall provide for oil pollution prevention and mitigation technology evaluation including— (A) the evaluation and testing of tech- nologies developed independently of the re- search and development program established under paragraph (1); (B) the establishment, where appropriate, of standards and testing protocols traceable to national standards to measure the per- formance of oil pollution prevention or miti- gation technologies; and (C) the use, where appropriate, of con- trolled field testing to evaluate real-world application of oil discharge prevention or mitigation technologies. (4) Oil pollution effects research (A) The Committee shall establish a re- search program to monitor and evaluate the environmental effects of acute and chronic oil discharges on coastal and marine resources (including impacts on protected areas such as sanctuaries) and protected species, and such program shall include the following elements: (i) The development of improved models and capabilities for predicting the environ- mental fate, transport, and effects of oil dis- charges. (ii) The development of methods, including economic methods, to assess damages to natural resources resulting from oil dis- charges. (iii) Research to understand and quantify the effects of sublethal impacts of oil dis- charge on living natural marine resources, including impacts on pelagic fish species, marine mammals, and commercially and recreationally targeted fish and shellfish species. (iv) The identification of types of eco- logically sensitive areas at particular risk to oil discharges and the preparation of sci- entific monitoring and evaluation plans, one for each of several types of ecological condi- tions, to be implemented in the event of major oil discharges in such areas. (v) The collection of environmental base- line data in ecologically sensitive areas at particular risk to oil discharges where such data are insufficient. (vi) Research to understand the long-term effects of major oil discharges and the long- term effects of smaller endemic oil dis- charges. (vii) The identification of potential im- pacts on ecosystems, habitat, and wildlife from the additional toxicity, heavy metal concentrations, and increased corrosiveness of mixed crude, such as diluted bitumen crude. (viii) The development of methods to re- store and rehabilitate natural resources and ecosystem functions damaged by oil dis- charges. (B) The Department of Commerce in con- sultation with the Environmental Protection Agency shall monitor and scientifically evalu- ate the long-term environmental effects of oil discharges if— (i) the amount of oil discharged exceeds 250,000 gallons; (ii) the oil discharge has occurred on or after January 1, 1989; and (iii) the Interagency Committee deter- mines that a study of the long-term environ- mental effects of the discharge would be of significant scientific value, especially for preventing or responding to future oil dis- charges. Areas for study may include the following sites where oil discharges have occurred: the New York/New Jersey Harbor area, where oil was discharged by an Exxon underwater pipe- line, the T/B CIBRO SAVANNAH, and the M/V BT NAUTILUS; Narragansett Bay where oil was discharged by the WORLD PRODIGY; the Houston Ship Channel where oil was dis- charged by the RACHEL B; the Delaware River, where oil was discharged by the PRESIDENTE RIVERA and the T/V ATHOS I, and Huntington Beach, California, where oil was discharged by the AMERICAN TRADER. (C) Research conducted under this paragraph by, or through, the United States Fish and Wildlife Service shall be directed and coordi- nated by the National Wetland Research Cen- ter. (5) Marine simulation research The program established under paragraph (1) shall include research on the greater use and Page 912 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2761 application of geographic and vessel response simulation models, including the development of additional data bases and updating of exist- ing data bases using, among others, the re- sources of the National Maritime Research Center. It shall include research and vessel simulations for— (A) contingency plan evaluation and amendment; (B) removal and strike team training; (C) tank vessel personnel training; and (D) those geographic areas where there is a significant likelihood of a major oil dis- charge. (6) Demonstration projects The United States Coast Guard, in conjunc- tion with such agencies as the President may designate, shall conduct 4 port oil pollution minimization demonstration projects, one each with (A) the Port Authority of New York and New Jersey, (B) the Ports of Los Angeles and Long Beach, California, (C) the Port of New Orleans, Louisiana, and (D) ports on the Great Lakes, for the purpose of developing and demonstrating integrated port oil pollution prevention and cleanup systems which utilize the information and implement the improved practices and technologies developed from the research, development, and demonstration program established in this section. Such sys- tems shall utilize improved technologies and management practices for reducing the risk of oil discharges, including, as appropriate, im- proved data access, computerized tracking of oil shipments, improved vessel tracking and navigation systems, advanced technology to monitor pipeline and tank conditions, im- proved oil spill response capability, improved capability to predict the flow and effects of oil discharges in both the inner and outer harbor areas for the purposes of making infrastruc- ture decisions, and such other activities nec- essary to achieve the purposes of this section. (7) Simulated environmental testing (A) In general Agencies represented on the Interagency Committee shall ensure the long-term use and operation of the Oil and Hazardous Ma- terials Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and eval- uations. (B) Other testing facilities Nothing in subparagraph (A) shall be con- strued as limiting the ability of the Inter- agency Committee to contract or partner with a facility or facilities other than the Center described in subparagraph (A) for the purpose of oil pollution technology testing and evaluations, provided such a facility or facilities have testing and evaluation capa- bilities equal to or greater than those of such Center. (C) In-kind contributions (i) In general The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may accept donations of crude oil and crude oil product samples in the form of in-kind contributions for use by the Federal Government for product testing, research and development, and for other purposes as the Secretary and the Administrator determine appropriate. (ii) Use of donated oil Oil accepted under clause (i) may be used directly by the Secretary and shall be pro- vided to other Federal agencies or depart- ments through interagency agreements to carry out the purposes of this Act. (8) Regional research program (A) Consistent with the research plan in sub- section (d), the Interagency Committee shall coordinate a program of competitive grants to universities or other research institutions, or groups of universities or research institutions, for the purposes of conducting a coordinated research program related to the regional as- pects of oil pollution, such as prevention, re- moval, mitigation, and the effects of dis- charged oil on regional environments. For the purposes of this paragraph, a region means a Coast Guard district as set out in part 3 of title 33, Code of Federal Regulations (2010). (B) The Interagency Committee shall coordi- nate the publication by the agencies rep- resented on the Interagency Committee of a solicitation for grants under this subsection. The application shall be in such form and con- tain such information as may be required in the published solicitation. The applications shall be reviewed by the Interagency Com- mittee, which shall make recommendations to the appropriate granting agency represented on the Interagency Committee for awarding the grant. The granting agency shall award the grants recommended by the Interagency Committee unless the agency decides not to award the grant due to budgetary or other compelling considerations and publishes its reasons for such a determination in the Fed- eral Register. No grants may be made by any agency from any funds authorized for this paragraph unless such grant award has first been recommended by the Interagency Com- mittee. (C) Any university or other research institu- tion, or group of universities or research insti- tutions, may apply for a grant for the regional research program established by this para- graph. The applicant must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research program. With respect to a group application, the entity or entities which will carry out the substantial portion of the proposed research must be lo- cated in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research pro- gram. (D) The Interagency Committee shall make recommendations on grants in such a manner as to ensure an appropriate balance within a region among the various aspects of oil pollu- tion research, including prevention, removal, mitigation, and the effects of discharged oil on Page 913 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2761 1 See References in Text note below. regional environments. In addition, the Inter- agency Committee shall make recommenda- tions for grants based on the following cri- teria: (i) There is available to the applicant for carrying out this paragraph demonstrated research resources. (ii) The applicant demonstrates the capa- bility of making a significant contribution to regional research needs. (iii) The projects which the applicant pro- poses to carry out under the grant are con- sistent with the research plan under sub- section (d) and would further the objectives of the research and development program es- tablished in this section. (E) Grants provided under this paragraph shall be for a period up to 3 years, subject to annual review by the granting agency, and provide not more than 80 percent of the costs of the research activities carried out in con- nection with the grant. (F) No funds made available to carry out this subsection may be used for the acquisi- tion of real property (including buildings) or construction of any building. (G) Nothing in this paragraph is intended to alter or abridge the authority under existing law of any Federal agency to make grants, or enter into contracts or cooperative agree- ments, using funds other than those author- ized in this Act for the purposes of carrying out this paragraph. (9) Funding For each of the fiscal years 1991, 1992, 1993, 1994, and 1995, $6,000,000 of amounts in the Fund shall be available to carry out the re- gional research program in paragraph (8), such amounts to be available in equal amounts for the regional research program in each region; except that if the agencies represented on the Interagency Committee determine that re- gional research needs exist which cannot be addressed within such funding limits, such agencies may use their authority under para- graph (10) to make additional grants to meet such needs. For the purposes of this para- graph, the research program carried out by the Prince William Sound Oil Spill Recovery In- stitute established under section 2731 of this title, shall not be eligible to receive grants under this paragraph until the authorization for funding under section 2736(b) of this title expires. (10) Grants In carrying out the research and develop- ment program established under paragraph (1), the Under Secretary may enter into contracts and cooperative agreements and make grants to universities, research institutions, and other persons, and States and Indian tribes. Such contracts, cooperative agreements, and grants shall address research and technology priorities set forth in the oil pollution re- search plan under subsection (d). (11) Utilization of resources In carrying out research under this section, the Department of Transportation shall con- tinue to utilize the resources of the Pipeline and Hazardous Materials Safety Administra- tion of the Department of Transportation, to the maximum extent practicable. (f) International cooperation In accordance with the research plan sub- mitted under subsection (d), the Interagency Committee shall coordinate and cooperate with other nations and foreign research entities in conducting oil pollution research, development, and demonstration activities, including con- trolled field tests of oil discharges. (g) Biennial reports The Chair shall submit to Congress every 2 years on October 30 a report on the activities carried out under this section in the preceding 2 fiscal years, and on activities proposed to be carried out under this section in the current 2 fiscal year period. (h) Funding Not to exceed $22,000,000 of amounts in the Fund shall be available annually to carry out this section except for subsection (e)(8). Of such sums— (1) funds authorized to be appropriated to carry out the activities under subsection (c)(4) 1 shall not exceed $5,000,000 for fiscal year 1991 or $3,500,000 for any subsequent fiscal year; and (2) not less than $3,000,000 shall be available for carrying out the activities in subsection (c)(6) 1 for fiscal years 1992, 1993, 1994, and 1995. All activities authorized in this section, includ- ing subsection (e)(8), are subject to appropria- tions. (Pub. L. 101–380, title VII, § 7001, Aug. 18, 1990, 104 Stat. 559; Pub. L. 101–537, title II, § 2002, Nov. 8, 1990, 104 Stat. 2375; Pub. L. 101–646, title IV, § 4002, Nov. 29, 1990, 104 Stat. 4788; Pub. L. 104–324, title XI, §§ 1102(c)(2), 1108, Oct. 19, 1996, 110 Stat. 3966, 3968; Pub. L. 104–332, § 2(h)(1), (2), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 108–426, § 2(c)(5), Nov. 30, 2004, 118 Stat. 2424; Pub. L. 109–241, title VI, § 605(a)(1), title IX, § 902(l)(3), (4), July 11, 2006, 120 Stat. 555, 568; Pub. L. 114–120, title III, § 319, Feb. 8, 2016, 130 Stat. 66; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8304, Jan. 1, 2021, 134 Stat. 4693.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (e)(7)(C)(ii), (8)(G), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. Subsection (c), referred to in subsec. (h), was redesig- nated subsec. (e) of this section by Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8304(5), Jan. 1, 2021, 134 Stat. 4694. AMENDMENTS 2021—Subsecs. (a), (b). Pub. L. 116–283, § 8304(6), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to Interagency Coordinating Committee on Oil Pollution Research and oil pollution research and technology plan. Page 914 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2761 Subsec. (c). Pub. L. 116–283, § 8304(6), added subsec. (c). Former subsec. (c) (as amended by section 8304(1) of Pub. L. 116–283, see notes below) redesignated (e). Subsec. (c)(1). Pub. L. 116–283, § 8304(1)(A), inserted ‘‘, technology,’’ after ‘‘research’’. Subsec. (c)(2). Pub. L. 116–283, § 8304(1)(B), in introduc- tory provisions, substituted ‘‘paragraph (1)’’ for ‘‘this subsection’’ and ‘‘and methods that are effective in pre- venting, mitigating, or restoring damage from oil dis- charges and that’’ for ‘‘which are effective in pre- venting or mitigating oil discharges and which’’. Subsec. (c)(3). Pub. L. 116–283, § 8304(1)(C), substituted ‘‘paragraph (1)’’ for ‘‘this subsection’’ in two places. Subsec. (c)(4)(A). Pub. L. 116–283, § 8304(1)(D)(i), sub- stituted ‘‘acute and chronic oil discharges on coastal and marine resources (including impacts on protected areas such as sanctuaries) and protected species, and such program shall’’ for ‘‘oil discharges. Such program shall’’ in introductory provisions. Subsec. (c)(4)(A)(iii) to (viii). Pub. L. 116–283, § 8304(1)(D)(ii)–(iv), added cls. (iii) and (vi) to (viii) and redesignated former cls. (iii) and (iv) as (iv) and (v), re- spectively. Subsec. (c)(5). Pub. L. 116–283, § 8304(1)(E), substituted ‘‘paragraph (1)’’ for ‘‘this subsection’’ in introductory provisions. Subsec. (c)(7). Pub. L. 116–283, § 8304(1)(F), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: ‘‘Agencies represented on the Interagency Committee shall ensure the long-term use and operation of the Oil and Hazardous Materials Simu- lated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology test- ing and evaluations.’’ Subsec. (c)(8)(A). Pub. L. 116–283, § 8304(1)(G)(i), sub- stituted ‘‘subsection (d)’’ for ‘‘subsection (b)’’. Subsec. (c)(8)(D)(iii). Pub. L. 116–283, § 8304(1)(G)(ii), substituted ‘‘subsection (d)’’ for ‘‘subsection (b)(1)(F)’’. Subsec. (c)(10). Pub. L. 116–283, § 8304(1)(H), sub- stituted ‘‘paragraph (1)’’ for ‘‘this subsection’’, ‘‘Under Secretary’’ for ‘‘agencies represented on the Inter- agency Committee’’, and ‘‘subsection (d)’’ for ‘‘sub- section (b)’’ and inserted ‘‘, and States and Indian tribes’’ after ‘‘other persons’’. Subsec. (d). Pub. L. 116–283, § 8304(6), added subsec. (d). Former subsec. (d) redesignated (f). Pub. L. 116–283, § 8304(2), substituted ‘‘subsection (d)’’ for ‘‘subsection (b)’’. Subsec. (e). Pub. L. 116–283, § 8304(5), redesignated sub- sec. (c) as (e). Former subsec. (e) redesignated (g). Pub. L. 116–283, § 8304(3), substituted ‘‘Chair’’ for ‘‘Chairman of the Interagency Committee’’. Subsec. (f). Pub. L. 116–283, § 8304(5), redesignated sub- sec. (d) as (f). Former subsec. (f) redesignated (h). Pub. L. 116–283, § 8304(4), substituted ‘‘subsection (e)(8)’’ for ‘‘subsection (c)(8)’’ in introductory and con- cluding provisions. Subsecs. (g), (h). Pub. L. 116–283, § 8304(5), redesig- nated subsecs. (e) and (f) as (g) and (h), respectively. 2016—Subsec. (a)(3). Pub. L. 114–120, § 319(a), sub- stituted ‘‘Bureau of Safety and Environmental Enforce- ment, the Bureau of Ocean Energy Management,’’ for ‘‘Minerals Management Service’’ and inserted ‘‘the United States Arctic Research Commission,’’ after ‘‘National Aeronautics and Space Administration,’’. Subsec. (b)(2). Pub. L. 114–120, § 319(b)(1), substituted ‘‘department in which the Coast Guard is operating’’ for ‘‘Department of Transportation’’ in introductory provisions. Subsec. (c)(8)(A). Pub. L. 114–120, § 319(b)(2), sub- stituted ‘‘(2010)’’ for ‘‘(1989)’’. 2006—Subsec. (a). Pub. L. 109–241, § 902(l)(3), added pars. (3) and (4) and struck out former par. (3) and con- cluding provisions which read as follows: ‘‘MEMBERSHIP.—The Interagency Committee shall include representatives from the Department of Com- merce (including the National Oceanic and Atmos- pheric Administration and the National Institute of Standards and Technology), the Department of En- ergy, the Department of the Interior (including the Minerals Management Service and the United States Fish and Wildlife Service), the Department of Trans- portation (including the United States Coast Guard, the Maritime Administration, and the Pipeline and Hazardous Materials Safety Administration), the De- partment of Defense (including the Army Corps of Engineers and the Navy), the Environmental Protec- tion Agency, the National Aeronautics and Space Ad- ministration, and the United States Fire Administra- tion in the Federal Emergency Management Agency, as well as such other Federal agencies as the Presi- dent may designate. A representative of the Department of Transportation shall serve as Chairman.’’ Subsec. (c)(4)(B). Pub. L. 109–241, § 605(a)(1), sub- stituted ‘‘RIVERA and the T/V ATHOS I,’’ for ‘‘RI- VERA,’’. Subsec. (c)(6). Pub. L. 109–241, § 902(l)(4), substituted ‘‘such agencies as the President may designate,’’ for ‘‘other such agencies in the Department of Transpor- tation as the Secretary of Transportation may des- ignate,’’. 2004—Subsec. (a)(3). Pub. L. 108–426, § 2(c)(5)(A), sub- stituted ‘‘Pipeline and Hazardous Materials Safety Ad- ministration’’ for ‘‘Research and Special Projects Ad- ministration’’. Subsec. (c)(11). Pub. L. 108–426, § 2(c)(5)(B), substituted ‘‘Pipeline and Hazardous Materials Safety Administra- tion’’ for ‘‘Research and Special Programs Administra- tion’’. 1996—Subsec. (c)(2)(D). Pub. L. 104–324, § 1108, inserted ‘‘, and the Center for Marine Training and Safety in Galveston, Texas’’ before semicolon at end. Subsec. (c)(6). Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 4002(1). See 1990 Amend- ment note below. Subsec. (c)(9). Pub. L. 104–324, § 1102(c)(2), inserted ‘‘until the authorization for funding under section 2736(b) of this title expires’’ before period at end. Subsec. (f). Pub. L. 104–332 made technical amend- ment to Pub. L. 101–646, § 4002(2). See 1990 Amendment note below. 1990—Subsec. (c)(6). Pub. L. 101–537, § 2002(1), and Pub. L. 101–646, § 4002(1), as amended by Pub. L. 104–332, § 2(h)(1), made substantially identical amendments, substituting ‘‘4’’ for ‘‘3’’ and inserting cl. (D). Subsec. (f). Pub. L. 101–537, § 2002(2), and Pub. L. 101–646, § 4002(2), as amended by Pub. L. 104–332, amend- ed subsec. (f) identically, substituting ‘‘$22,000,000’’ for ‘‘$21,250,000’’ in introductory provisions and ‘‘$3,000,000’’ for ‘‘$2,250,000’’ in par. (2). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. IMPROVING OIL SPILL PREPAREDNESS Pub. L. 117–263, div. K, title CXIII, § 11308, Dec. 23, 2022, 136 Stat. 4079, provided that: ‘‘The Under Sec- retary of Commerce for Oceans and Atmosphere shall include in the Automated Data Inquiry for Oil Spills database (or a successor database) used by National Oceanic and Atmospheric Administration oil weath- ering models new data, including peer-reviewed data, on properties of crude and refined oils, including data on diluted bitumen, as such data becomes publicly available.’’ Executive Documents TRANSFER OF FUNCTIONS The Minerals Management Service was abolished and functions divided among the Office of Natural Re- Page 915 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2801 1 So in original. Probably should be capitalized. sources Revenue, the Bureau of Ocean Energy Manage- ment, and the Bureau of Safety and Environmental En- forcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010, and No. 3302 of June 18, 2010, and chap- ters II, V, and XII of title 30, Code of Federal Regula- tions, as revised by final rules of the Department of the Interior at 75 F.R. 61051 and 76 F.R. 64432. DELEGATION OF FUNCTIONS Functions of President under subsec. (a)(3) of this section delegated to Secretary of the Department in which the Coast Guard is operating by section 8(h) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54769, as amend- ed, set out as a note under section 1321 of this title. § 2762. Submerged oil program (a) Program (1) Establishment The Under Secretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall es- tablish a program to detect, monitor, and evaluate the environmental effects of sub- merged oil in the Delaware River and Bay re- gion. The program shall include the following elements: (A) The development of methods to re- move, disperse, or otherwise diminish the persistence of submerged oil. (B) The development of improved models and capacities for predicting the environ- mental fate, transport, and effects of sub- merged oil. (C) The development of techniques to de- tect and monitor submerged oil. (2) Report Not later than 3 years after July 11, 2006, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Trans- portation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the ac- tivities carried out under this subsection and activities proposed to be carried out under this subsection. (b) Demonstration project (1) Removal of submerged oil The Commandant of the Coast Guard, in conjunction with the Under Secretary of Com- merce for Oceans and Atmosphere, shall con- duct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove sub- merged oil from the Delaware River and other navigable waters. (2) Funding There is authorized to be appropriated to the Commandant of the Coast Guard $2,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection. (Pub. L. 101–380, title VII, § 7002, as added Pub. L. 109–241, title VI, § 605(a)(2), July 11, 2006, 120 Stat. 555.) CHAPTER 41—NATIONAL COASTAL MONITORING Sec. 2801. Purposes. Sec. 2802. Definitions. 2803. Comprehensive Coastal Water Quality Moni- toring Program. 2803a. Ocean and coastal resiliency. 2804. Report to Congress. 2805. Authorization of appropriations. § 2801. Purposes The purposes of this chapter are to— (1) establish a comprehensive national pro- gram for consistent monitoring of the Na- tion’s coastal ecosystems; (2) establish long-term water quality assess- ment and monitoring programs for high pri- ority coastal waters that will enhance the ability of Federal, State, and local authorities to develop and implement effective remedial programs for those waters; (3) establish a system for reviewing and eval- uating the scientific, analytical, and techno- logical means that are available for moni- toring the environmental quality of coastal ecosystems; (4) establish methods for identifying uniform indicators of coastal ecosystem quality; (5) provide for periodic, comprehensive re- ports to Congress concerning the quality of the Nation’s coastal ecosystems; (6) establish a coastal environment informa- tion program to distribute coastal monitoring information; (7) provide state 1 programs authorized under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) with information necessary to design land use plans and coastal zone regu- lations that will contribute to the protection of coastal ecosystems; and (8) provide certain water pollution control programs authorized under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) with information necessary to design and im- plement effective coastal water pollution con- trols. (Pub. L. 92–532, title V, § 501, as added Pub. L. 102–567, title V, § 501, Oct. 29, 1992, 106 Stat. 4293.) Editorial Notes REFERENCES IN TEXT The Coastal Zone Management Act of 1972, referred to in par. (7), is title III of Pub. L. 89–454 as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables. The Federal Water Pollution Control Act, referred to in par. (8), is act June 30, 1948, ch. 758, as amended gen- erally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Title V of Pub. L. 92–532, which comprises this chap- ter, is popularly known as the ‘‘National Coastal Moni- toring Act’’.