33 U.S.C. § 2732 — Terminal and tanker oversight and moni-

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 Page 901 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2732 under this subsection if the organization is or- ganized to meet the purposes of this section and consists of at least the individuals listed in paragraph (2). (d) Regional Citizens’ Advisory Councils (1) Membership There is established a Regional Citizens’ Ad- visory Council (hereinafter in this section re- ferred to as the ‘‘Council’’) for each of the pro- grams established by subsection (b). (2) Membership Each Council shall be composed of voting members and nonvoting members, as follows: (A) Voting members Voting members shall be Alaska residents and, except as provided in clause (vii) of this paragraph, shall be appointed by the Gov- ernor of the State of Alaska from a list of nominees provided by each of the following interests, with one representative appointed to represent each of the following interests, taking into consideration the need for re- gional balance on the Council: (i) Local commercial fishing industry or- ganizations, the members of which depend on the fisheries resources of the waters in the vicinity of the terminal facilities. (ii) Aquaculture associations in the vi- cinity of the terminal facilities. (iii) Alaska Native Corporations and other Alaska Native organizations the members of which reside in the vicinity of the terminal facilities. (iv) Environmental organizations the members of which reside in the vicinity of the terminal facilities. (v) Recreational organizations the mem- bers of which reside in or use the vicinity of the terminal facilities. (vi) The Alaska State Chamber of Com- merce, to represent the locally based tour- ist industry. (vii)(I) For the Prince William Sound Terminal Facilities Council, one rep- resentative selected by each of the fol- lowing municipalities: Cordova, Whittier, Seward, Valdez, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Bor- ough. (II) For the Cook Inlet Terminal Facili- ties Council, one representative selected by each of the following municipalities: Homer, Seldovia, Anchorage, Kenai, Ko- diak, the Kodiak Island Borough, and the Kenai Peninsula Borough. (B) Nonvoting members One ex-officio, nonvoting representative shall be designated by, and represent, each of the following: (i) The Environmental Protection Agen- cy. (ii) The Coast Guard. (iii) The National Oceanic and Atmos- pheric Administration. (iv) The United States Forest Service. (v) The Bureau of Land Management. (vi) The Alaska Department of Environ- mental Conservation. (vii) The Alaska Department of Fish and Game. (viii) The Alaska Department of Natural Resources. (ix) The Division of Emergency Services, Alaska Department of Military and Vet- erans Affairs. (3) Terms (A) Duration of Councils The term of the Councils shall continue throughout the life of the operation of the Trans-Alaska Pipeline System and so long as oil is transported to or from Cook Inlet. (B) Three years The voting members of each Council shall be appointed for a term of 3 years except as provided for in subparagraph (C). (C) Initial appointments The terms of the first appointments shall be as follows: (i) For the appointments by the Gov- ernor of the State of Alaska, one-third shall serve for 3 years, one-third shall serve for 2 years, and one-third shall serve for one year. (ii) For the representatives of munici- palities required by subsection (d)(2)(A)(vii), a drawing of lots among the appointees shall determine that one-third of that group serves for 3 years, one-third serves for 2 years, and the remainder serves for 1 year. (4) Self-governing Each Council shall elect its own chairperson, select its own staff, and make policies with re- gard to its internal operating procedures. After the initial organizational meeting called by the Secretary under subsection (i), each Council shall be self-governing. (5) Dual membership and conflicts of interest prohibited (A) No individual selected as a member of the Council shall serve on the Association. (B) No individual selected as a voting mem- ber of the Council shall be engaged in any ac- tivity which might conflict with such indi- vidual carrying out his functions as a member thereof. (6) Duties Each Council shall— (A) provide advice and recommendations to the Association on policies, permits, and site-specific regulations relating to the oper- ation and maintenance of terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of the terminal facilities; (B) monitor through the committee estab- lished under subsection (e), the environ- mental impacts of the operation of the ter- minal facilities and crude oil tankers; (C) monitor those aspects of terminal fa- cilities’ and crude oil tankers’ operations and maintenance which affect or may affect the environment in the vicinity of the ter- minal facilities; (D) review through the committee estab- lished under subsection (f), the adequacy of Page 902 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2732 oil spill prevention and contingency plans for the terminal facilities and the adequacy of oil spill prevention and contingency plans for crude oil tankers, operating in Prince William Sound or in Cook Inlet; (E) provide advice and recommendations to the Association on port operations, poli- cies and practices; (F) recommend to the Association— (i) standards and stipulations for permits and site-specific regulations intended to minimize the impact of the terminal fa- cilities’ and crude oil tankers’ operations in the vicinity of the terminal facilities; (ii) modifications of terminal facility op- erations and maintenance intended to minimize the risk and mitigate the impact of terminal facilities, operations in the vi- cinity of the terminal facilities and to minimize the risk of oil spills; (iii) modifications of crude oil tanker op- erations and maintenance in Prince Wil- liam Sound and Cook Inlet intended to minimize the risk and mitigate the impact of oil spills; and (iv) modifications to the oil spill preven- tion and contingency plans for terminal facilities and for crude oil tankers in Prince William Sound and Cook Inlet in- tended to enhance the ability to prevent and respond to an oil spill; and (G) create additional committees of the Council as necessary to carry out the above functions, including a scientific and tech- nical advisory committee to the Prince Wil- liam Sound Council. (7) No estoppel No Council shall be held liable under State or Federal law for costs or damages as a result of rendering advice under this section. Nor shall any advice given by a voting member of a Council, or program representative or agent, be grounds for estopping the interests rep- resented by the voting Council members from seeking damages or other appropriate relief. (8) Scientific work In carrying out its research, development and monitoring functions, each Council is au- thorized to conduct its own scientific research and shall review the scientific work under- taken by or on behalf of the terminal opera- tors or crude oil tanker operators as a result of a legal requirement to undertake that work. Each Council shall also review the rel- evant scientific work undertaken by or on be- half of any government entity relating to the terminal facilities or crude oil tankers. To the extent possible, to avoid unnecessary duplica- tion, each Council shall coordinate its inde- pendent scientific work with the scientific work performed by or on behalf of the ter- minal operators and with the scientific work performed by or on behalf of the operators of the crude oil tankers. (e) Committee for Terminal and Oil Tanker Op- erations and Environmental Monitoring (1) Monitoring Committee Each Council shall establish a standing Ter- minal and Oil Tanker Operations and Environ- mental Monitoring Committee (hereinafter in this section referred to as the ‘‘Monitoring Committee’’) to devise and manage a com- prehensive program of monitoring the envi- ronmental impacts of the operations of ter- minal facilities and of crude oil tankers while operating in Prince William Sound and Cook Inlet. The membership of the Monitoring Com- mittee shall be made up of members of the Council, citizens, and recognized scientific ex- perts selected by the Council. (2) Duties In fulfilling its responsibilities, the Moni- toring Committee shall— (A) advise the Council on a monitoring strategy that will permit early detection of environmental impacts of terminal facility operations and crude oil tanker operations while in Prince William Sound and Cook Inlet; (B) develop monitoring programs and make recommendations to the Council on the implementation of those programs; (C) at its discretion, select and contract with universities and other scientific insti- tutions to carry out specific monitoring projects authorized by the Council pursuant to an approved monitoring strategy; (D) complete any other tasks assigned by the Council; and (E) provide written reports to the Council which interpret and assess the results of all monitoring programs. (f) Committee for Oil Spill Prevention, Safety, and Emergency Response (1) Technical Oil Spill Committee Each Council shall establish a standing tech- nical committee (hereinafter referred to as ‘‘Oil Spill Committee’’) to review and assess measures designed to prevent oil spills and the planning and preparedness for responding to, containing, cleaning up, and mitigating im- pacts of oil spills. The membership of the Oil Spill Committee shall be made up of members of the Council, citizens, and recognized tech- nical experts selected by the Council. (2) Duties In fulfilling its responsibilities, the Oil Spill Committee shall— (A) periodically review the respective oil spill prevention and contingency plans for the terminal facilities and for the crude oil tankers while in Prince William Sound or Cook Inlet, in light of new technological de- velopments and changed circumstances; (B) monitor periodic drills and testing of the oil spill contingency plans for the ter- minal facilities and for crude oil tankers while in Prince William Sound and Cook Inlet; (C) study wind and water currents and other environmental factors in the vicinity of the terminal facilities which may affect the ability to prevent, respond to, contain, and clean up an oil spill; (D) identify highly sensitive areas which may require specific protective measures in the event of a spill in Prince William Sound or Cook Inlet; Page 903 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2732 (E) monitor developments in oil spill pre- vention, containment, response, and cleanup technology; (F) periodically review port organization, operations, incidents, and the adequacy and maintenance of vessel traffic service sys- tems designed to assure safe transit of crude oil tankers pertinent to terminal operations; (G) periodically review the standards for tankers bound for, loading at, exiting from, or otherwise using the terminal facilities; (H) complete any other tasks assigned by the Council; and (I) provide written reports to the Council outlining its findings and recommendations. (g) Agency cooperation On and after the expiration of the 180-day pe- riod following August 18, 1990, each Federal de- partment, agency, or other instrumentality shall, with respect to all permits, site-specific regulations, and other matters governing the ac- tivities and actions of the terminal facilities which affect or may affect the vicinity of the terminal facilities, consult with the appropriate Council prior to taking substantive action with respect to the permit, site-specific regulation, or other matter. This consultation shall be carried out with a view to enabling the appropriate As- sociation and Council to review the permit, site- specific regulation, or other matters and make appropriate recommendations regarding oper- ations, policy or agency actions. Prior consulta- tion shall not be required if an authorized Fed- eral agency representative reasonably believes that an emergency exists requiring action with- out delay. (h) Recommendations of Council In the event that the Association does not adopt, or significantly modifies before adoption, any recommendation of the Council made pursu- ant to the authority granted to the Council in subsection (d), the Association shall provide to the Council, in writing, within 5 days of its deci- sion, notice of its decision and a written state- ment of reasons for its rejection or significant modification of the recommendation. (i) Administrative actions Appointments, designations, and selections of individuals to serve as members of the Associa- tions and Councils under this section shall be submitted to the Secretary prior to the expira- tion of the 120-day period following August 18, 1990. On or before the expiration of the 180-day period following August 18, 1990, the Secretary shall call an initial meeting of each Association and Council for organizational purposes. (j) Location and compensation (1) Location Each Association and Council established by this section shall be located in the State of Alaska. (2) Compensation No member of an Association or Council shall be compensated for the member’s serv- ices as a member of the Association or Coun- cil, but shall be allowed travel expenses, in- cluding per diem in lieu of subsistence, at a rate established by the Association or Council not to exceed the rates authorized for employ- ees of agencies under sections 5702 and 5703 of title 5. However, each Council may enter into contracts to provide compensation and ex- penses to members of the committees created under subsections (d), (e), and (f). (k) Funding (1) Requirement Approval of the contingency plans required of owners and operators of the Cook Inlet and Prince William Sound terminal facilities and crude oil tankers while operating in Alaskan waters in commerce with those terminal fa- cilities shall be effective only so long as the respective Association and Council for a facil- ity are funded pursuant to paragraph (2). (2) Prince William Sound Program The owners or operators of terminal facili- ties or crude oil tankers operating in Prince William Sound shall provide, on an annual basis, an aggregate amount of not more than $2,000,000, as determined by the Secretary. Such amount— (A) shall provide for the establishment and operation on the environmental oversight and monitoring program in Prince William Sound; (B) shall be adjusted annually by the An- chorage Consumer Price Index; and (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities or crude oil tankers oper- ating in Prince William Sound and the Prince William Sound terminal facilities Council. (3) Cook Inlet Program The owners or operators of terminal facili- ties, offshore facilities, or crude oil tankers operating in Cook Inlet shall provide, on an annual basis, an aggregate amount of not less than $1,400,000, as determined by the Sec- retary. Such amount— (A) shall provide for the establishment and operation of the environmental oversight and monitoring program in Cook Inlet; (B) shall be adjusted annually by the An- chorage Consumer Price Index; and (C) may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet and the Cook Inlet Council. (l) Reports (1) Associations and Councils Prior to the expiration of the 36-month pe- riod following August 18, 1990, each Associa- tion and Council established by this section shall report to the President and the Congress concerning its activities under this section, together with its recommendations. (2) GAO Prior to the expiration of the 36-month pe- riod following August 18, 1990, the Government Accountability Office shall report to the President and the Congress as to the handling of funds, including donated funds, by the enti- Page 904 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2732 ties carrying out the programs under this sec- tion, and the effectiveness of the demonstra- tion programs carried out under this section, together with its recommendations. (m) Definitions As used in this section, the term— (1) ‘‘terminal facilities’’ means— (A) in the case of the Prince William Sound Program, the entire oil terminal com- plex located in Valdez, Alaska, consisting of approximately 1,000 acres including all buildings, docks (except docks owned by the City of Valdez if those docks are not used for loading of crude oil), pipes, piping, roads, ponds, tanks, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, ve- hicles, and other facilities associated with, and necessary for, assisting tanker move- ment of crude oil into and out of the oil ter- minal complex; and (B) in the case of the Cook Inlet Program, the entire oil terminal complex including all buildings, docks, pipes, piping, roads, ponds, tanks, vessels, vehicles, crude oil tankers only while at the terminal dock, tanker es- corts owned or operated by the operator of the terminal, emergency spill response ves- sels owned or operated by the operator of the terminal, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex; (2) ‘‘crude oil tanker’’ means a tanker (as that term is defined under section 2101 of title 46)— (A) in the case of the Prince William Sound Program, calling at the terminal fa- cilities for the purpose of receiving and transporting oil to refineries, operating north of Middleston Island and bound for or exiting from Prince William Sound; and (B) in the case of the Cook Inlet Program, calling at the terminal facilities for the pur- pose of receiving and transporting oil to re- fineries and operating in Cook Inlet and the Gulf of Alaska north of Amatuli Island, in- cluding tankers transiting to Cook Inlet from Prince William Sound; (3) ‘‘vicinity of the terminal facilities’’ means that geographical area surrounding the environment of terminal facilities which is di- rectly affected or may be directly affected by the operation of the terminal facilities; and (4) ‘‘Secretary’’ means the Secretary of the department in which the Coast Guard is oper- ating. (n) Savings clause (1) Regulatory authority Nothing in this section shall be construed as modifying, repealing, superseding, or pre- empting any municipal, State or Federal law or regulation, or in any way affecting litiga- tion arising from oil spills or the rights and responsibilities of the United States or the State of Alaska, or municipalities thereof, to preserve and protect the environment through regulation of land, air, and water uses, of safe- ty, and of related development. The moni- toring provided for by this section shall be de- signed to help assure compliance with applica- ble laws and regulations and shall only extend to activities— (A) that would affect or have the potential to affect the vicinity of the terminal facili- ties and the area of crude oil tanker oper- ations included in the Programs; and (B) are subject to the United States or State of Alaska, or municipality thereof, law, regulation, or other legal requirement. (2) Recommendations This subsection is not intended to prevent the Association or Council from recom- mending to appropriate authorities that exist- ing legal requirements should be modified or that new legal requirements should be adopt- ed. (o) Alternative voluntary advisory group in lieu of Council The requirements of subsections (c) through (l), as such subsections apply respectively to the Prince William Sound Program and the Cook Inlet Program, are deemed to have been satis- fied so long as the following conditions are met: (1) Prince William Sound With respect to the Prince William Sound Program, the Alyeska Pipeline Service Com- pany or any of its owner companies enters into a contract for the duration of the operation of the Trans-Alaska Pipeline System with the Alyeska Citizens Advisory Committee in exist- ence on August 18, 1990, or a successor organi- zation, to fund that Committee or organiza- tion on an annual basis in the amount pro- vided for by subsection (k)(2)(A) and the Presi- dent annually certifies that the Committee or organization fosters the general goals and pur- poses of this section and is broadly representa- tive of the communities and interests in the vicinity of the terminal facilities and Prince William Sound. (2) Cook Inlet With respect to the Cook Inlet Program, the terminal facilities, offshore facilities, or crude oil tanker owners and operators enter into a contract with a voluntary advisory organiza- tion to fund that organization on an annual basis and the President annually certifies that the organization fosters the general goals and purposes of this section and is broadly rep- resentative of the communities and interests in the vicinity of the terminal facilities and Cook Inlet. (Pub. L. 101–380, title V, § 5002, Aug. 18, 1990, 104 Stat. 544; Pub. L. 109–241, title IX, § 902(l)(2), July 11, 2006, 120 Stat. 568; Pub. L. 113–281, title III, § 318, Dec. 18, 2014, 128 Stat. 3051; Pub. L. 115–232, div. C, title XXXV, § 3547(e), Aug. 13, 2018, 132 Stat. 2328.) Editorial Notes AMENDMENTS 2018—Subsec. (l)(2). Pub. L. 115–232 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’. 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-