In this section-
There is established an Interagency Coordinating Committee on Oil Pollution Research.
The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research.
The Interagency Committee shall be composed of-
The Commandant shall designate a Chairperson from among the members of the Interagency Committee selected under paragraph (1)(A).
The Under Secretary shall designate a Vice Chairperson from among the members of the Interagency Committee selected under paragraph (1)(B).
At a minimum, the members of the Interagency Committee shall meet once each quarter.
After each meeting, a summary shall be made available by the Chair or Vice Chair, as appropriate.
The Interagency Committee shall-
Not later than 180 days after January 1, 2021, the Interagency Committee shall submit to Congress a research plan to report on the state of oil discharge prevention and response capabilities that-
The Chair, through the department in which the Coast Guard is operating, shall contract with the National Academy of Sciences to-
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 activities under this section.
Not later than 10 years after January 1, 2021, and every 10 years thereafter, the Interagency Committee shall submit to Congress a research plan that updates the information contained in the previous research plan submitted under this subsection.
The Interagency Committee shall coordinate the establishment, by the agencies represented on the Interagency Committee, of a program for conducting oil pollution research, technology, and development, as provided in this subsection.
The program established under paragraph (1) shall provide for research, development, and demonstration of new or improved technologies and methods that are effective in preventing, mitigating, or restoring damage from oil discharges and that protect the environment, including-
The program established under paragraph (1) shall provide for oil pollution prevention and mitigation technology evaluation including-
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 pipeline, 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 discharged 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.
The program established under paragraph (1) shall include research on the greater use and application of geographic and vessel response simulation models, including the development of additional data bases and updating of existing data bases using, among others, the resources of the National Maritime Research Center. It shall include research and vessel simulations for-
The United States Coast Guard, in conjunction 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 systems shall utilize improved technologies and management practices for reducing the risk of oil discharges, including, as appropriate, improved data access, computerized tracking of oil shipments, improved vessel tracking and navigation systems, advanced technology to monitor pipeline and tank conditions, improved 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 infrastructure decisions, and such other activities necessary to achieve the purposes of this section.
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.
Nothing in subparagraph (A) shall be construed as limiting the ability of the Interagency 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 capabilities equal to or greater than those of such Center.
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.
Oil accepted under clause (i) may be used directly by the Secretary and shall be provided to other Federal agencies or departments through interagency agreements to carry out the purposes of this Act.
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 regional 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 regional research needs exist which cannot be addressed within such funding limits, such agencies may use their authority under paragraph (10) to make additional grants to meet such needs. For the purposes of this paragraph, the research program carried out by the Prince William Sound Oil Spill Recovery Institute 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.
In carrying out the research and development 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 research plan under subsection (d).
In carrying out research under this section, the Department of Transportation shall continue to utilize the resources of the Pipeline and Hazardous Materials Safety Administration of the Department of Transportation, to the maximum extent practicable.
In accordance with the research plan submitted 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 controlled field tests of oil discharges.
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.
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-
All activities authorized in this section, including subsection (e)(8), are subject to appropriations.
1 See References in Text note below.
33 U.S.C. § 2761
EDITORIAL NOTES
REFERENCES IN TEXTThis Act, referred to in subsec. (e)(7)(C)(ii), (8)(G), is Pub. L. 101-380, 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 Pub. L. 116-283 title LVXXXIII [LXXXIII], §8304(5), Jan. 1, 2021, 134 Stat. 4694.
AMENDMENTS2021-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.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 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). 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), 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). 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), respectively. 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 Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and evaluations."Subsec. (c)(8)(A). Pub. L. 116-283, §8304(1)(G)(i), substituted "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), substituted "paragraph (1)" for "this subsection", "Under Secretary" for "agencies represented on the Interagency Committee", and "subsection (d)" for "subsection (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 subsec. (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 subsec. (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 concluding provisions.Subsecs. (g), (h). Pub. L. 116-283, §8304(5), redesignated subsecs. (e) and (f) as (g) and (h), respectively. 2016-Subsec. (a)(3). Pub. 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. (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), substituted "(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 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). Pub. L. 109-241, §605(a)(1), substituted "RIVERA and the T/V ATHOS I," for "RIVERA,".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 Transportation as the Secretary of Transportation may designate,".2004-Subsec. (a)(3). Pub. L. 108-426, §2(c)(5)(A), substituted "Pipeline and Hazardous Materials Safety Administration" for "Research and Special Projects Administration". Subsec. (c)(11). Pub. 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). 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 Amendment 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 amendment 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 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 FUNCTIONSFor 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 Pub. L. 117-263 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 FUNCTIONSThe 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.