[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2731]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER II--PRINCE WILLIAM SOUND PROVISIONS
Sec. 2731. Oil Spill Recovery Institute
(a) Establishment of Institute
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.
(b) Functions
The Institute shall conduct research and carry out educational and
demonstration projects designed to--
(1) identify and develop the best available techniques,
equipment, and materials for dealing with oil spills in the arctic
and subarctic marine environment; and
(2) complement Federal and State damage assessment efforts and
determine, document, assess, and understand the long-range effects
of Arctic or Subarctic oil spills on the natural resources of Prince
William Sound and its adjacent waters (as generally depicted on the
map entitled ``EXXON VALDEZ oil spill dated March 1990''), and the
environment, the economy, and the lifestyle and well-being of the
people who are dependent on them, except that the Institute shall
not conduct studies or make recommendations on any matter which is
not directly related to Arctic or Subarctic oil spills or the
effects thereof.
(c) Advisory board
(1) In general
The policies of the Institute shall be determined by an advisory
board, composed of 16 members appointed as follows:
(A) One representative appointed by each of the
Commissioners of Fish and Game, Environmental Conservation, and
Natural Resources of the State of Alaska, all of whom shall be
State employees.
(B) One representative appointed by each of the Secretaries
of Commerce, the Interior, and Transportation, who shall be
Federal employees.
(C) Two representatives from the fishing industry appointed
by the Governor of the State of Alaska from among residents of
communities in Alaska that were affected by the EXXON VALDEZ oil
spill, who shall serve terms of 2 years each. Interested
organizations from within the fishing industry may submit the
names of qualified individuals for consideration by the
Governor.
(D) Two 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, appointed
by the Governor of Alaska from a list of 4 qualified individuals
submitted by the Alaska Federation of Natives, who shall serve
terms of 2 years each.
(E) Two representatives from the oil and gas industry to be
appointed by the Governor of the State of Alaska who shall serve
terms of 2 years each. Interested organizations from within the
oil and gas industry may submit the names of qualified
individuals for consideration by the Governor.
(F) Two at-large representatives from among residents of
communities in Alaska that were affected by the EXXON VALDEZ oil
spill who are knowledgeable about the marine environment and
wildlife within Prince William Sound, and who shall serve terms
of 2 years each, appointed by the remaining members of the
Advisory Board. Interested parties may submit the names of
qualified individuals for consideration by the Advisory Board.
(G) One nonvoting representative of the Institute of Marine
Science.
(H) One nonvoting representative appointed by the Prince
William Sound Science and Technology Institute.
(2) Chairman
The representative of the Secretary of Commerce shall serve as
Chairman of the Advisory Board.
(3) Policies
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.
(4) Scientific review
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.
(d) Scientific and technical committee
(1) In general
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.
(2) Functions
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.
(e) Director
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.
(f) Evaluation
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.
(g) Audit
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.
(h) Status of employees
Employees of the Institute shall not, by reason of such employment,
be considered to be employees of the Federal Government for any purpose.
(i) Termination
The authorization in section 2736(b) of this title providing funding
for the Institute shall terminate September 30, 2012.
(j) Use of funds
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) of this
section.
(k) Research
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.
(l) ``Prince William Sound and its adjacent waters'' defined
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''.
(Pub. L. 101-380, title V, Sec. 5001, Aug. 18, 1990, 104 Stat. 542; Pub.
L. 104-324, title XI, Sec. 1102(a), Oct. 19, 1996, 110 Stat. 3964; Pub.
L. 107-295, title IV, Sec. 427, Nov. 25, 2002, 116 Stat. 2127.)
Amendments
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, Sec. 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, Sec. 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, Sec. 1102(a)(4), substituted ``16''
for ``18'' in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 104-324, Sec. 1102(a)(5), substituted ``,
and Natural Resources'' for ``, Natural Resources, and Commerce and
Economic Development''.
Subsec. (c)(1)(B). Pub. L. 104-324, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1102(a)(9), added par. (4).
Subsec. (d)(2). Pub. L. 104-324, Sec. 1102(a)(10), substituted
``Arctic or Subarctic oil spills'' for ``the EXXON VALDEZ oil spill''.
Subsec. (e). Pub. L. 104-324, Sec. 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, Sec. 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, Sec. 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.''
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 3(2) and 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title
5, Government Organization and Employees.
Sect
