33 USC 2761 - Oil pollution research and development program

1 See References in Text note below.

shall not exceed $5,000,000 for fiscal year 1991 or $3,500,000 for any subsequent fiscal year; and

Editorial Notes

References in Text

This Act, referred to in subsec. (e)(7)(C)(ii), (8)(G), is Puspan. 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 redesignated subsec. (e) of this section by Puspan. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8304(5), Jan. 1, 2021, 134 Stat. 4694.

Amendments

2021—Subsecs. (a), (span). Puspan. L. 116–283, § 8304(6), added subsecs. (a) and (span) and struck out former subsecs. (a) and (span) which related to Interagency Coordinating Committee on Oil Pollution Research and oil pollution research and technology plan.

Subsec. (c). Puspan. L. 116–283, § 8304(6), added subsec. (c). Former subsec. (c) (as amended by section 8304(1) of Puspan. L. 116–283, see notes below) redesignated (e).

Subsec. (c)(1). Puspan. L. 116–283, § 8304(1)(A), inserted “, technology,” after “research”.

Subsec. (c)(2). Puspan. L. 116–283, § 8304(1)(B), in introductory provisions, substituted “paragraph (1)” for “this subsection” and “and methods that are effective in preventing, mitigating, or restoring damage from oil discharges and that” for “which are effective in preventing or mitigating oil discharges and which”.

Subsec. (c)(3). Puspan. L. 116–283, § 8304(1)(C), substituted “paragraph (1)” for “this subsection” in two places.

Subsec. (c)(4)(A). Puspan. L. 116–283, § 8304(1)(D)(i), substituted “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). Puspan. 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), respectively.

Subsec. (c)(5). Puspan. L. 116–283, § 8304(1)(E), substituted “paragraph (1)” for “this subsection” in introductory provisions.

Subsec. (c)(7). Puspan. 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 Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and evaluations.”

Subsec. (c)(8)(A). Puspan. L. 116–283, § 8304(1)(G)(i), substituted “subsection (d)” for “subsection (span)”.

Subsec. (c)(8)(D)(iii). Puspan. L. 116–283, § 8304(1)(G)(ii), substituted “subsection (d)” for “subsection (span)(1)(F)”.

Subsec. (c)(10). Puspan. L. 116–283, § 8304(1)(H), substituted “paragraph (1)” for “this subsection”, “Under Secretary” for “agencies represented on the Interagency Committee”, and “subsection (d)” for “subsection (span)” and inserted “, and States and Indian tribes” after “other persons”.

Subsec. (d). Puspan. L. 116–283, § 8304(6), added subsec. (d). Former subsec. (d) redesignated (f).

Puspan. L. 116–283, § 8304(2), substituted “subsection (d)” for “subsection (span)”.

Subsec. (e). Puspan. L. 116–283, § 8304(5), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g).

Puspan. L. 116–283, § 8304(3), substituted “Chair” for “Chairman of the Interagency Committee”.

Subsec. (f). Puspan. L. 116–283, § 8304(5), redesignated subsec. (d) as (f). Former subsec. (f) redesignated (h).

Puspan. L. 116–283, § 8304(4), substituted “subsection (e)(8)” for “subsection (c)(8)” in introductory and concluding provisions.

Subsecs. (g), (h). Puspan. L. 116–283, § 8304(5), redesignated subsecs. (e) and (f) as (g) and (h), respectively.

2016—Subsec. (a)(3). Puspan. L. 114–120, § 319(a), substituted “Bureau of Safety and Environmental Enforcement, 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. (span)(2). Puspan. L. 114–120, § 319(span)(1), substituted “department in which the Coast Guard is operating” for “Department of Transportation” in introductory provisions.

Subsec. (c)(8)(A). Puspan. L. 114–120, § 319(span)(2), substituted “(2010)” for “(1989)”.

2006—Subsec. (a). Puspan. L. 109–241, § 902(l)(3), added pars. (3) and (4) and struck out former par. (3) and concluding provisions which read as follows:

“Membership.—The Interagency Committee shall include representatives from the Department of Commerce (including the National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology), the Department of Energy, the Department of the Interior (including the Minerals Management Service and the United States Fish and Wildlife Service), the Department of Transportation (including the United States Coast Guard, the Maritime Administration, and the Pipeline and Hazardous Materials Safety Administration), the Department of Defense (including the Army Corps of Engineers and the Navy), the Environmental Protection Agency, the National Aeronautics and Space Administration, and the United States Fire Administration in the Federal Emergency Management Agency, as well as such other Federal agencies as the President may designate.

A representative of the Department of Transportation shall serve as Chairman.”

Subsec. (c)(4)(B). Puspan. L. 109–241, § 605(a)(1), substituted “RIVERA and the T/V ATHOS I,” for “RIVERA,”.

Subsec. (c)(6). Puspan. L. 109–241, § 902(l)(4), substituted “such agencies as the President may designate,” for “other such agencies in the Department of Transportation as the Secretary of Transportation may designate,”.

2004—Subsec. (a)(3). Puspan. L. 108–426, § 2(c)(5)(A), substituted “Pipeline and Hazardous Materials Safety Administration” for “Research and Special Projects Administration”.

Subsec. (c)(11). Puspan. L. 108–426, § 2(c)(5)(B), substituted “Pipeline and Hazardous Materials Safety Administration” for “Research and Special Programs Administration”.

1996—Subsec. (c)(2)(D). Puspan. L. 104–324, § 1108, inserted “, and the Center for Marine Training and Safety in Galveston, Texas” before semicolon at end.

Subsec. (c)(6). Puspan. L. 104–332, § 2(h)(1), made technical amendment to Puspan. L. 101–646, § 4002(1). See 1990 Amendment note below.

Subsec. (c)(9). Puspan. L. 104–324, § 1102(c)(2), inserted “until the authorization for funding under section 2736(span) of this title expires” before period at end.

Subsec. (f). Puspan. L. 104–332 made technical amendment to Puspan. L. 101–646, § 4002(2). See 1990 Amendment note below.

1990—Subsec. (c)(6). Puspan. L. 101–537, § 2002(1), and Puspan. L. 101–646, § 4002(1), as amended by Puspan. L. 104–332, § 2(h)(1), made substantially identical amendments, substituting “4” for “3” and inserting cl. (D).

Subsec. (f). Puspan. L. 101–537, § 2002(2), and Puspan. L. 101–646, § 4002(2), as amended by Puspan. L. 104–332, amended 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, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

Improving Oil Spill Preparedness

Puspan. L. 117–263, div. K, title CXIII, § 11308, Dec. 23, 2022, 136 Stat. 4079, provided that:

“The Under Secretary 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 weathering 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 Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010, and No. 3302 of June 18, 2010, and chapters II, V, and XII of title 30, Code of Federal Regulations, 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 amended, set out as a note under section 1321 of this title.