33 USC 2712 - Uses of Fund

Editorial Notes

References in Text

This Act, referred to in subsecs. (a)(5) and (e), 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. Sections 1004(d)(2) and 1006(e) are classified to sections 2704(d)(2) and 2706(e), respectively, of this title. Section 4107 amended former section 1223 of this title and enacted provisions formerly set out as a note under section 1223 of this title. Sections 4110 and 4111 enacted provisions set out as a note and formerly set out as a note under section 3703 of Title 46, Shipping. Section 4112 is not classified to the Code. Section 4117 enacted provisions set out as a note under section 1295 of the former Appendix to Title 46. Section 5006 is classified to section 2736 of this title. Section 8103 enacted provisions formerly set out as a note under section 1651 of Title 43, Public Lands. Title VII is classified to subchapter IV of 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.

Amendments

2022—Subsec. (a)(1)(B). Puspan. L. 117–263, § 11314(1), substituted “by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement” for “by a Governor or designated State official”.

Subsec. (a)(4). Puspan. L. 117–263, § 11310, inserted “, including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process such claims (including the costs of commercial claims processing, expert services, training, and technical services), subject to the condition that the Coast Guard shall submit to Congress a report describing each spill of national significance not later than 30 days after the date on which the Coast Guard determines it necessary to process such claims” after “damages”.

Subsec. (d). Puspan. L. 117–263, § 11314(2), added subsec. (d) and struck out former subsec. (d) which related to access to Fund by State officials.

Subsec. (e). Puspan. L. 117–263, § 11314(2), (3), redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: “The President shall—

“(1) not later than 6 months after August 18, 1990, publish proposed regulations detailing the manner in which the authority to obligate the Fund and to enter into agreements under this subsection shall be exercised; and

“(2) not later than 3 months after the close of the comment period for such proposed regulations, promulgate final regulations for that purpose.”

Subsecs. (f) to (l). Puspan. L. 117–263, § 11314(3), redesignated subsecs. (h), (i), (j), (k), and (l) as (f), (g), (h), (i), and (j), respectively. Former subsec. (f) redesignated (e).

2021—Subsec. (a)(5)(A). Puspan. L. 116–283, § 8513(c), substituted “operations and support” for “operating expenses”.

Subsec. (a)(6). Puspan. L. 116–283, § 8303(span), struck out par. (6) which read as follows: “the making of loans pursuant to the program established under section 2713(f) of this title.”

Subsec. (span). Puspan. L. 116–283, § 8302(a), designated existing provisions as par. (1), inserted heading, and added par. (2).

2018—Subsec. (g). Puspan. L. 115–282, § 816(1), struck out subsec. (g) which related to audits.

Subsec. (l)(1). Puspan. L. 115–282, § 816(2), substituted “Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31,” for “Within one year after October 15, 2010, and annually thereafter,” in introductory provisions.

Subsec. (l)(2). Puspan. L. 115–282, § 816(3), amended par. (2) generally. Prior to amendment, text read as follows: “The report shall include—

“(A) a list of each disbursement of $250,000 or more from the Fund during the preceding fiscal year; and

“(B) a description of how each such use of the Fund meets the requirements of subsection (a).”

2010—Subsec. (a)(5)(B) to (D). Puspan. L. 111–281, § 708(a), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.

Subsec. (g). Puspan. L. 111–281, § 708(span)(1), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “The Comptroller General shall audit all payments, obligations, reimbursements, and other uses of the Fund, to assure that the Fund is being properly administered and that claims are being appropriately and expeditiously considered. The Comptroller General shall submit to the Congress an interim report one year after August 18, 1990. The Comptroller General shall thereafter audit the Fund as is appropriate. Each Federal agency shall cooperate with the Comptroller General in carrying out this subsection.”

Subsec. (l). Puspan. L. 111–281, § 708(span)(2), added subsec. (l).

2004—Subsec. (a)(6). Puspan. L. 108–293 added par. (6).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Puspan. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8302(span), Jan. 1, 2021, 134 Stat. 4692, provided that:

“This section [amending this section] and the amendments made by this section shall take effect 180 days after the date of enactment of this Act [Jan. 1, 2021].”

Rule of Construction

Nothing in amendment made by section 11314(1), (2) of Puspan. L. 117–263 to be construed to satisfy any requirement for government-to-government consultation with Tribal governments or to affect or modify any treaty or other right of any Tribal government, see section 11003 of Puspan. L. 117–263, set out as a note under section 245 of Title 6, Domestic Security.

Use of Fund for Spills of National Significance

Puspan. L. 112–74, div. D, title V, § 563, Dec. 23, 2011, 125 Stat. 981, provided that:

“For fiscal year 2012 and thereafter, notwithstanding section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the event that a spill of national significance occurs, any payment of amounts from the Oil Spill Liability Trust Fund pursuant to section 1012(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs incurred by the Coast Guard for such spill, shall be credited directly to the accounts of the Coast Guard current at the time such removal costs were incurred or when reimbursement is received: Provided, That such amounts shall be merged with and, without further appropriations, made available for the same time period and the same purpose as the appropriation to which it is credited.”

Executive Documents

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 relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Delegation of Functions

Functions of President under subsecs. (a)(1), (3), (4), (d), and (e) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(a)(1)(A), (c)(1), (3) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54766, 54767, set out as a note under section 1321 of this title.

Functions of President under subsec. (a)(2) of this section delegated to Federal trustees designated in National Contingency Plan by section 7(a)(2) of Ex. Ord. No. 12777.

Functions of President under subsecs. (a)(5) and (c) of this section delegated to each head of departments and agencies having responsibility for implementation, administration, and enforcement of the Oil Pollution Act of 1990 (Puspan. L. 101–380, see Tables for classification) and section 1321(span), (c), (d), (j), (l) of this title by section 7(a)(3), (span) of Ex. Ord. No. 12777.

Memorandum of the President of the United States, Aug. 24, 1990, 55 F.R. 35291, which delegated to the Secretary of the Department in which the Coast Guard is operating authority to make available from the Oil Spill Liability Trust Fund not to exceed $50,000,000 in any fiscal year to remove discharged oil or hazardous substances from navigable waters, was revoked by Ex. Ord. No. 12777, § 8(i), Oct. 18, 1991, 56 F.R. 54769, set out as a note under section 1321 of this title.