§ 1474b. — Natural Resource Damage Assessment and Restoration Fund; availability of assessments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1474b]
TITLE 43--PUBLIC LANDS
CHAPTER 31--DEPARTMENT OF THE INTERIOR
Sec. 1474b. Natural Resource Damage Assessment and Restoration
Fund; availability of assessments
Notwithstanding any other provision of law, in fiscal year 1991 and
thereafter, sums provided by any party, including sums provided in
advance or as a reimbursement for natural resource damage assessments,
may be credited to this appropriation and shall remain available until
expended.
(Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 994.)
References in Text
This appropriation, referred to in text, probably means
appropriations under the heading ``natural resource damage assessment
and restoration fund'' of the annual Department of the Interior and
Related Agencies Appropriations Act.
Investment of Exxon Valdez Oil Spill Court Recovery in High Yield
Investments and in Marine Research
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title III, Sec. 350], Nov.
29, 1999, 113 Stat. 1535, 1501A-207, provided that:
``(1) Notwithstanding any other provision of law and subject to the
provisions of paragraphs (5) and (7), upon the joint motion of the
United States and the State of Alaska and the issuance of an appropriate
order by the United States District Court for the District of Alaska,
the joint trust funds, or any portion thereof, including any interest
accrued thereon, previously received or to be received by the United
States and the State of Alaska pursuant to the Agreement and Consent
Decree issued in United States v. Exxon Corporation, et al. (No. A91-082
CIV) and State of Alaska v. Exxon Corporation, et al. (No. A91-083 CIV)
(hereafter referred to as the `Consent Decree'), may be deposited in--
``(A) the Natural Resource Damage Assessment and Restoration
Fund (hereafter referred to as the `Fund') established in title I of
the Department of the Interior and Related Agencies Appropriations
Act, 1992 (Public Law 102-154; 43 U.S.C. 1474b);
``(B) accounts outside the United States Treasury (hereafter
referred to as `outside accounts'); or
``(C) both.
Any funds deposited in an outside account may be invested only in
income-producing obligations and other instruments or securities that
have been determined unanimously by the Federal and State natural
resource trustees for the Exxon Valdez oil spill (`trustees') to have a
high degree of reliability and security.
``(2) Joint trust funds deposited in the Fund or an outside account
that have been approved unanimously by the Trustees for expenditure by
or through a State or Federal agency shall be transferred promptly from
the Fund or the outside account to the State of Alaska or United States
upon the joint request of the governments.
``(3) The transfer of joint trust funds outside the Court Registry
shall not affect the supervisory jurisdiction of the district court
under the Consent Decree or the Memorandum of Agreement and Consent
Decree in United States v. State of Alaska (No. A91-081-CIV) over all
expenditures of the joint trust funds.
``(4) Nothing herein shall affect the requirement of section 207 of
the dire emergency supplemental appropriations and transfers for relief
from the effects of natural disasters, for other urgent needs, and for
the incremental cost of `Operation Desert Shield/Desert Storm' Act of
1992 (Public Law 102-229; 42 U.S.C. 1474b note [43 U.S.C. 1474b note])
that amounts received by the United States and designated by the
trustees for the expenditure by or through a Federal agency must be
deposited into the Fund.
``(5) All remaining settlement funds are eligible for the investment
authority granted under this section so long as they are managed and
allocated consistent with the Resolution of the Trustees adopted March
1, 1999, concerning the Restoration Reserve, as follows:
``(A) $55 million of the funds remaining on October 1, 2002, and
the associated earnings thereafter shall be managed and allocated
for habitat protection programs including small parcel habitat
acquisitions. Such sums shall be reduced by--
``(i) the amount of any payments made after the date of
enactment of this Act [Nov. 29, 1999] from the Joint Trust Funds
pursuant to an agreement between the Trustee Council and Koniag,
Inc., which includes those lands which are presently subject to
the Koniag Non-Development Easement, including, but not limited
to, the continuation or modification of such Easement; and
``(ii) payments in excess of $6.32 million for any habitat
acquisition or protection from the joint trust funds after the
date of enactment of this Act and prior to October 1, 2002,
other than payments for which the Council is currently obligated
through purchase agreements with the Kodiak Island Borough,
Afognak Joint Venture and the Eyak Corporation.
``(B) All other funds remaining on October 1, 2002, and the
associated earnings shall be used to fund a program, consisting of--
``(i) marine research, including applied fisheries research;
``(ii) monitoring; and
``(iii) restoration, other than habitat acquisition, which
may include community and economic restoration projects and
facilities (including projects proposed by the communities of
the EVOS Region or the fishing industry), consistent with the
Consent Decree.
``(6) The Federal trustees and the State trustees, to the extent
authorized by State law, are authorized to issue grants as needed to
implement this program.
``(7) The authority provided in this section shall expire on
September 30, 2002, unless by September 30, 2001, the Trustees have
submitted to the Congress a report recommending a structure the Trustees
believe would be most effective and appropriate for the administration
and expenditure of remaining funds and interest received. Upon the
expiration of the authorities granted in this section all monies in the
Fund or outside accounts shall be returned to the Court Registry or
other account permitted by law.''
Deposit of Funds From Settlement of Litigation
Pub. L. 102-229, title II, Sec. 207, Dec. 12, 1991, 105 Stat. 1715,
provided that: ``Notwithstanding any other provision of law, amounts
received by the United States for restitution and future restoration
(including replacement or acquisition of equivalent natural resources)
in settlement of United States v. Exxon Corporation and Exxon Shipping
Company (Case No. A90-015-1CR and 2CR), hereinafter the Plea Agreement,
United States v. Exxon Corporation et al. (Civil No. A91-082 CIV) and
State of Alaska v. Exxon Corporation et al. (Civil No. A91-083 CIV),
hereinafter referred to together as the Agreement and Consent Decree, as
approved by the United States District Court for the District of Alaska
on October 8, 1991, in fiscal year 1992 and thereafter shall be
deposited into the Natural Resource Damage Assessment and Restoration
Fund established by Public Law 102-154 [105 Stat. 994]. Such amounts,
and the interest accruing thereon, shall be available to the Federal
Trustees identified in the Agreement and Consent Decree for necessary
expenses for assessment and restoration of areas affected by the
discharge of oil from the T/V EXXON VALDEZ on March 23-24, 1989, for
fiscal year 1992 and thereafter in accordance with the Plea Agreement
and the Agreement and Consent Decree: Provided, That such amounts (and
accrued interest) shall remain available until expended: Provided
further, That such amounts may be transferred to any account, as
authorized by section 311(f)(5) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(f)(5)), to carry out the provisions of the Plea
Agreement and the Agreement and Consent Decree: Provided further, That
herein and hereafter any amounts deposited into the Natural Resource
Damage Assessment and Restoration Fund shall be invested by the
Secretary of the Treasury in interest bearing obligations of the United
States to the extent such amounts are not, in his judgment, required to
meet current withdrawals: Provided further, That interest earned by such
investments shall be available for obligation without further
appropriation: Provided further, That, for fiscal year 1992, the Federal
Trustees shall provide written notification of the proposed transfer of
such amounts to the Appropriations Committees of the House of
Representatives and the Senate thirty days prior to the actual transfer
of such amounts: Provided further, That, for fiscal year 1993 and
thereafter, the Federal Trustees shall submit in the President's Budget
for each fiscal year the proposed use of such amounts.''
