§ 2752. — Annual appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2752]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER III--MISCELLANEOUS
Sec. 2752. Annual appropriations
(a) Required
Except as provided in subsection (b) of this section, amounts in the
Fund shall be available only as provided in annual appropriation Acts.
(b) Exceptions
Subsection (a) of this section shall not apply to sections \1\
2706(f), 2712(a)(4), or 2736 of this title, and shall not apply to an
amount not to exceed $50,000,000 in any fiscal year which the President
may make available from the Fund to carry out section 1321(c) of this
title and to initiate the assessment of natural resources damages
required under section 2706 of this title. To the extent that such
amount is not adequate, the Coast Guard may obtain an advance from the
Fund of such sums as may be necessary, up to a maximum of $100,000,000,
and within 30 days shall notify Congress of the amount advanced and the
facts and circumstances necessitating the advance. Amounts advanced
shall be repaid to the Fund when, and to the extent that, removal costs
are recovered by the Coast Guard from responsible parties for the
discharge or substantial threat of discharge. Sums to which this
subsection applies shall remain available until expended.
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\1\ So in original. Probably should be ``section''.
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(Pub. L. 101-380, title VI, Sec. 6002, Aug. 18, 1990, 104 Stat. 555;
Pub. L. 104-324, title XI, Sec. 1102(c)(1), Oct. 19, 1996, 110 Stat.
3966; Pub. L. 107-295, title III, Sec. 323, Nov. 25, 2002, 116 Stat.
2104.)
Amendments
2002--Subsec. (b). Pub. L. 107-295 inserted after first sentence
``To the extent that such amount is not adequate, the Coast Guard may
obtain an advance from the Fund of such sums as may be necessary, up to
a maximum of $100,000,000, and within 30 days shall notify Congress of
the amount advanced and the facts and circumstances necessitating the
advance. Amounts advanced shall be repaid to the Fund when, and to the
extent that, removal costs are recovered by the Coast Guard from
responsible parties for the discharge or substantial threat of
discharge.''
1996--Subsec. (b). Pub. L. 104-324 substituted ``2736'' for
``2736(b)''.
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(b), 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 subsec. (b) of this section delegated
to Secretary of Department in which Coast Guard is operating by section
7(a)(1)(B) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54766, set out
as a note under section 1321 of this title.
Section Referred to in Other Sections
This section is referred to in title 26 section 9509.
