§ 2738. — North Pacific Marine Research Institute.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2738]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER II--PRINCE WILLIAM SOUND PROVISIONS
Sec. 2738. North Pacific Marine Research Institute
(a) Institute established
The Secretary of Commerce shall establish a North Pacific Marine
Research Institute (hereafter in this section referred to as the
``Institute'') to be administered at the Alaska SeaLife Center by the
North Pacific Research Board.
(b) Functions
The Institute shall--
(1) conduct research and carry out education and demonstration
projects on or relating to the North Pacific marine ecosystem with
particular emphasis on marine mammal, sea bird, fish, and shellfish
populations in the Bering Sea and Gulf of Alaska including
populations located in or near Kenai Fjords National Park and the
Alaska Maritime National Wildlife Refuge; and
(2) lease, maintain, operate, and upgrade the necessary research
equipment and related facilities necessary to conduct such research
at the Alaska SeaLife Center.
(c) Evaluation and audit
The Secretary of Commerce may periodically evaluate the activities
of the Institute to ensure that funds received by the Institute are used
in a manner consistent with this section. The Federal Advisory Committee
Act [5 U.S.C. App.] shall not apply to the Institute.
(d) 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.
(e) Use of funds
No funds made available to carry out this section may be used to
initiate litigation, or for the acquisition of real property (other than
facilities leased at the Alaska SeaLife Center). No more than 10 percent
of the funds made available to carry out subsection (b)(1) of this
section may be used to administer the Institute. The administrative
funds of the Institute and the administrative funds of the North Pacific
Research Board created under Public Law 105-83 may be used to jointly
administer such programs at the discretion of the North Pacific Research
Board.
(f) Availability of research
The Institute shall publish and make available to any person on
request the results of all research, educational, and demonstration
projects conducted by the Institute. The Institute shall provide a copy
of all research, educational, and demonstration projects conducted by
the Institute to the National Park Service, the United States Fish and
Wildlife Service, and the National Oceanic and Atmospheric
Administration.
(Pub. L. 101-380, title V, Sec. 5008, as added Pub. L. 106-246, div. B,
title II, Sec. 2204(1), July 13, 2000, 114 Stat. 546; amended Pub. L.
106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(c)(1)(A), (B)], Dec.
21, 2000, 114 Stat. 2763, 2763A-238, 2763A-239.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (c), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Public Law 105-83, referred to in subsec. (e), is Pub. L. 105-83,
Nov. 14, 1997, 111 Stat. 1543, as amended, known as the Department of
the Interior and Related Agencies Appropriations Act, 1998. For complete
classification of this Act to the Code, see Tables.
Amendments
2000--Subsec. (c). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(1)(A)], inserted second sentence and struck out former
second sentence which read as follows: ``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 that are pertinent to
the funds received and expended by the Institute.''
Subsec. (e). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(c)(1)(B)], inserted at end ``The administrative funds of the
Institute and the administrative funds of the North Pacific Research
Board created under Public Law 105-83 may be used to jointly administer
such programs at the discretion of the North Pacific Research Board.''
Section Referred to in Other Sections
This section is referred to in section 2736 of this title.
