The Secretary of Commerce shall provide for the establishment of a Prince William Sound Oil Spill Recovery Institute (hereinafter in this section referred to as the "Institute") through the Prince William Sound Science and Technology Institute located in Cordova, Alaska.
The Institute shall conduct research and carry out educational and demonstration projects designed to-
The policies of the Institute shall be determined by an advisory board, composed of 16 members appointed as follows:
The representative of the Secretary of Commerce shall serve as Chairman of the Advisory Board.
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 competitive basis, of research, projects, and studies to be supported by the Institute in accordance with the purposes of this section.
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.
The Advisory Board shall establish a scientific and technical committee, composed of specialists in matters relating to oil spill containment and cleanup technology, arctic and subarctic marine ecology, and the living resources and socioeconomics of Prince William Sound and its adjacent waters, from the University of Alaska, the Institute of Marine Science, the Prince William Sound Science and Technology Institute, and elsewhere in the academic community.
The Scientific and Technical Committee shall provide such advice to the Advisory Board as the Advisory Board shall request, including recommendations regarding the conduct 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 advice which is not directly related to Arctic or Subarctic oil spills or the effects thereof.
The Institute shall be administered by a Director appointed by the Advisory Board. The Prince William Sound Science and Technology Institute and the Scientific and Technical Committee may each submit independent recommendations for the Advisory Board's consideration for appointment as Director. The Director may hire such staff and incur such expenses on behalf of the Institute as are authorized by the Advisory Board.
The Secretary of Commerce may conduct an ongoing evaluation of the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section.
The Comptroller General of the United States, and any of his or her duly authorized representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Institute and its administering agency that are pertinent to the funds received and expended by the Institute and its administering agency.
Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose.
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 exploration, development, and production in the State of Alaska have ceased.
No funds made available to carry out this section may be used to initiate litigation. No funds made available to carry out this section may be used for the acquisition of real property (including 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 Institute. 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).
The Institute shall publish and make available to any person upon request the results of all research, educational, and demonstration projects conducted by the Institute. The Administrator shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Oceanic and Atmospheric Administration.
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".
33 U.S.C. § 2731
EDITORIAL NOTES
AMENDMENTS2006-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 "September 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), substituted ", and Natural Resources" for ", Natural Resources, 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, Agriculture, Transportation, and the Navy; and"(ii) the Administrator of the Environmental Protection 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 communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about fisheries, 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 individuals to be submitted by the Governor of the State of Alaska based on recommendations made by the governing body of each affected community. Each affected community may submit the names of 2 qualified individuals for the Governor's consideration. No more than 5 of the 8 qualified persons recommended by the Governor 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 Native 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 subpars. (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), substituted "appointed by the Advisory Board" for "appointed 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 authorized 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 terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, 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 established by Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.