§ 2761. — Oil pollution research and development program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2761]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER IV--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
Sec. 2761. Oil pollution research and development program
(a) Interagency Coordinating Committee on Oil Pollution Research
(1) Establishment
There is established an Interagency Coordinating Committee on
Oil Pollution Research (hereinafter in this section referred to as
the ``Interagency Committee'').
(2) Purposes
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, universities, research institutions,
State governments, and other nations, as appropriate, and shall
foster cost-effective research mechanisms, including the joint
funding of research.
(3) 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 Research and Special Projects
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.
(b) Oil pollution research and technology plan
(1) Implementation plan
Within 180 days after August 18, 1990, the Interagency Committee
shall submit to Congress a plan for the implementation of the oil
pollution research, development, and demonstration program
established pursuant to subsection (c) of this section. The research
plan shall--
(A) identify agency roles and responsibilities;
(B) assess the current status of knowledge on oil pollution
prevention, response, and mitigation technologies and effects of
oil pollution on the environment;
(C) identify significant oil pollution research gaps
including an assessment of major technological deficiencies in
responses to past oil discharges;
(D) establish research priorities and goals for oil
pollution technology development related to prevention,
response, mitigation, and environmental effects;
(E) estimate the resources needed to conduct the oil
pollution research and development program established pursuant
to subsection (c) of this section, and timetables for completing
research tasks; and
(F) identify, in consultation with the States, regional oil
pollution research needs and priorities for a coordinated,
multidisciplinary program of research at the regional level.
(2) Advice and guidance
The Chairman, through the Department of Transportation, shall
contract with the National Academy of Sciences to--
(A) provide advice and guidance in the preparation and
development of the research plan; and
(B) assess the adequacy of the plan as submitted, and submit
a report to Congress on the conclusions of such assessment.
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.
(c) Oil pollution research and development program
(1) Establishment
The Interagency Committee shall coordinate the establishment, by
the agencies represented on the Interagency Committee, of a program
for conducting oil pollution research and development, as provided
in this subsection.
(2) Innovative oil pollution technology
The program established under this subsection shall provide for
research, development, and demonstration of new or improved
technologies which are effective in preventing or mitigating oil
discharges and which protect the environment, including--
(A) development of improved designs for vessels and
facilities, and improved operational practices;
(B) research, development, and demonstration of improved
technologies to measure the ullage of a vessel tank, prevent
discharges from tank vents, prevent discharges during lightering
and bunkering operations, contain discharges on the deck of a
vessel, prevent discharges through the use of vacuums in tanks,
and otherwise contain discharges of oil from vessels and
facilities;
(C) research, development, and demonstration of new or
improved systems of mechanical, chemical, biological, and other
methods (including the use of dispersants, solvents, and
bioremediation) for the recovery, removal, and disposal of oil,
including evaluation of the environmental effects of the use of
such systems;
(D) research and training, in consultation with the National
Response Team, to improve industry's and Government's ability to
quickly and effectively remove an oil discharge, including the
long-term use, as appropriate, of the National Spill Control
School in Corpus Christi, Texas, and the Center for Marine
Training and Safety in Galveston, Texas;
(E) research to improve information systems for
decisionmaking, including the use of data from coastal mapping,
baseline data, and other data related to the environmental
effects of oil discharges, and cleanup technologies;
(F) development of technologies and methods to protect
public health and safety from oil discharges, including the
population directly exposed to an oil discharge;
(G) development of technologies, methods, and standards for
protecting removal personnel, including training, adequate
supervision, protective equipment, maximum exposure limits, and
decontamination procedures;
(H) research and development of methods to restore and
rehabilitate natural resources damaged by oil discharges;
(I) research to evaluate the relative effectiveness and
environmental impacts of bioremediation technologies; and
(J) the demonstration of a satellite-based, dependent
surveillance vessel traffic system in Narragansett Bay to
evaluate the utility of such system in reducing the risk of oil
discharges from vessel collisions and groundings in confined
waters.
(3) Oil pollution technology evaluation
The program established under this subsection shall provide for
oil pollution prevention and mitigation technology evaluation
including--
(A) the evaluation and testing of technologies developed
independently of the research and development program
established under this subsection;
(B) the establishment, where appropriate, of standards and
testing protocols traceable to national standards to measure the
performance of oil pollution prevention or mitigation
technologies; and
(C) the use, where appropriate, of controlled field testing
to evaluate real-world application of oil discharge prevention
or mitigation technologies.
(4) Oil pollution effects research
(A) The Committee shall establish a research program to monitor
and evaluate the environmental effects of oil discharges. Such
program shall include the following elements:
(i) The development of improved models and capabilities for
predicting the environmental fate, transport, and effects of oil
discharges.
(ii) The development of methods, including economic methods,
to assess damages to natural resources resulting from oil
discharges.
(iii) The identification of types of ecologically sensitive
areas at particular risk to oil discharges and the preparation
of scientific monitoring and evaluation plans, one for each of
several types of ecological conditions, to be implemented in the
event of major oil discharges in such areas.
(iv) The collection of environmental baseline data in
ecologically sensitive areas at particular risk to oil
discharges where such data are insufficient.
(B) The Department of Commerce in consultation with the
Environmental Protection Agency shall monitor and scientifically
evaluate the long-term environmental effects of oil discharges if--
(i) the amount of oil discharged exceeds 250,000 gallons;
(ii) the oil discharge has occurred on or after January 1,
1989; and
(iii) the Interagency Committee determines that a study of
the long-term environmental effects of the discharge would be of
significant scientific value, especially for preventing or
responding to future oil discharges.
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 Huntington Beach,
California, where oil was discharged by the AMERICAN TRADER.
(C) Research conducted under this paragraph by, or through, the
United States Fish and Wildlife Service shall be directed and
coordinated by the National Wetland Research Center.
(5) Marine simulation research
The program established under this subsection 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--
(A) contingency plan evaluation and amendment;
(B) removal and strike team training;
(C) tank vessel personnel training; and
(D) those geographic areas where there is a significant
likelihood of a major oil discharge.
(6) Demonstration projects
The United States Coast Guard, in conjunction with other such
agencies in the Department of Transportation as the Secretary of
Transportation 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.
(7) Simulated environmental testing
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.
(8) Regional research program
(A) Consistent with the research plan in subsection (b) of this
section, the Interagency Committee shall coordinate a program of
competitive grants to universities or other research institutions,
or groups of universities or research institutions, for the purposes
of conducting a coordinated research program related to the regional
aspects of oil pollution, such as prevention, removal, mitigation,
and the effects of discharged oil on regional environments. For the
purposes of this paragraph, a region means a Coast Guard district as
set out in part 3 of title 33, Code of Federal Regulations (1989).
(B) The Interagency Committee shall coordinate the publication
by the agencies represented on the Interagency Committee of a
solicitation for grants under this subsection. The application shall
be in such form and contain such information as may be required in
the published solicitation. The applications shall be reviewed by
the Interagency Committee, which shall make recommendations to the
appropriate granting agency represented on the Interagency Committee
for awarding the grant. The granting agency shall award the grants
recommended by the Interagency Committee unless the agency decides
not to award the grant due to budgetary or other compelling
considerations and publishes its reasons for such a determination in
the Federal Register. No grants may be made by any agency from any
funds authorized for this paragraph unless such grant award has
first been recommended by the Interagency Committee.
(C) Any university or other research institution, or group of
universities or research institutions, may apply for a grant for the
regional research program established by this paragraph. The
applicant must be located in the region, or in a State a part of
which is in the region, for which the project is proposed as part of
the regional research program. With respect to a group application,
the entity or entities which will carry out the substantial portion
of the proposed research must be located in the region, or in a
State a part of which is in the region, for which the project is
proposed as part of the regional research program.
(D) The Interagency Committee shall make recommendations on
grants in such a manner as to ensure an appropriate balance within a
region among the various aspects of oil pollution research,
including prevention, removal, mitigation, and the effects of
discharged oil on regional environments. In addition, the
Interagency Committee shall make recommendations for grants based on
the following criteria:
(i) There is available to the applicant for carrying out
this paragraph demonstrated research resources.
(ii) The applicant demonstrates the capability of making a
significant contribution to regional research needs.
(iii) The projects which the applicant proposes to carry out
under the grant are consistent with the research plan under
subsection (b)(1)(F) of this section and would further the
objectives of the research and development program established
in this section.
(E) Grants provided under this paragraph shall be for a period
up to 3 years, subject to annual review by the granting agency, and
provide not more than 80 percent of the costs of the research
activities carried out in connection with the grant.
(F) No funds made available to carry out this subsection may be
used for the acquisition of real property (including buildings) or
construction of any building.
(G) Nothing in this paragraph is intended to alter or abridge
the authority under existing law of any Federal agency to make
grants, or enter into contracts or cooperative agreements, using
funds other than those authorized in this Act for the purposes of
carrying out this paragraph.
(9) Funding
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.
(10) Grants
In carrying out the research and development program established
under this subsection, the agencies represented on the Interagency
Committee may enter into contracts and cooperative agreements and
make grants to universities, research institutions, and other
persons. Such contracts, cooperative agreements, and grants shall
address research and technology priorities set forth in the oil
pollution research plan under subsection (b) of this section.
(11) Utilization of resources
In carrying out research under this section, the Department of
Transportation shall continue to utilize the resources of the
Research and Special Programs Administration of the Department of
Transportation, to the maximum extent practicable.
(d) International cooperation
In accordance with the research plan submitted under subsection (b)
of this section, 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.
(e) Biennial reports
The Chairman of the Interagency Committee 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.
(f) Funding
Not to exceed $22,000,000 of amounts in the Fund shall be available
annually to carry out this section except for subsection (c)(8) of this
section. Of such sums--
(1) funds authorized to be appropriated to carry out the
activities under subsection (c)(4) of this section shall not exceed
$5,000,000 for fiscal year 1991 or $3,500,000 for any subsequent
fiscal year; and
(2) not less than $3,000,000 shall be available for carrying out
the activities in subsection (c)(6) of this section for fiscal years
1992, 1993, 1994, and 1995.
All activities authorized in this section, including subsection (c)(8)
of this section, are subject to appropriations.
(Pub. L. 101-380, title VII, Sec. 7001, Aug. 18, 1990, 104 Stat. 559;
Pub. L. 101-537, title II, Sec. 2002, Nov. 8, 1990, 104 Stat. 2375; Pub.
L. 101-646, title IV, Sec. 4002, Nov. 29, 1990, 104 Stat. 4788; Pub. L.
104-324, title XI, Secs. 1102(c)(2), 1108, Oct. 19, 1996, 110 Stat.
3966, 3968; Pub. L. 104-332, Sec. 2(h)(1), (2), Oct. 26, 1996, 110 Stat.
4091.)
References in Text
This Act, referred to in subsec. (c)(8)(G), is Pub. L. 101-380, Aug.
18, 1990, 104 Stat. 484, as amended, 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.
Amendments
1996--Subsec. (c)(2)(D). Pub. L. 104-324, Sec. 1108, inserted ``,
and the Center for Marine Training and Safety in Galveston, Texas''
before semicolon at end.
Subsec. (c)(6). Pub. L. 104-332, Sec. 2(h)(1), made technical
amendment to Pub. L. 104-646, Sec. 4002(1). See 1990 Amendment note
below.
Subsec. (c)(9). Pub. L. 104-324, Sec. 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, Sec. 4002(2). See 1990 Amendment note below.
1990--Subsec. (c)(6). Pub. L. 101-537, Sec. 2002(1), and Pub. L.
101-646, Sec. 4002(1), as amended by Pub. L. 104-332, Sec. 2(h)(1), made
substantially identical amendments, substituting ``4'' for ``3'' and
inserting cl. (D).
Subsec. (f). Pub. L. 101-537, Sec. 2002(2), and Pub. L. 101-646,
Sec. 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).
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.
For transfer of functions, personnel, assets, and liabilities of the
Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 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. (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.
Section Referred to in Other Sections
This section is referred to in section 2731 of this title.
