### §1474b–1. Transfer of funds from Natural Resource Damage Assessment and Restoration Fund

Notwithstanding any other provision of law, any amounts appropriated or credited in fiscal year 1992 and thereafter, may be transferred to any account, including transfers to Federal trustees and payments to non-Federal trustees, to carry out the provisions of negotiated legal settlements or other legal actions for restoration activities and to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public Law 101–380) [33 U.S.C. 2701 et seq.], and subchapter II of chapter 1007 of title 54 for damage assessment activities: Provided further, That sums provided by any party heretofore and hereafter are not limited to monetary payments and may include stocks, bonds or other personal or real property, which may be retained, liquidated or otherwise disposed of by the Secretary and such sums, to remain available until expended, or properties shall be utilized for the restoration of injured resources, and to conduct new damage assessment activities.

(Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1383; Pub. L. 104–134, title I, §101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–160; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1547; Pub. L. 113–287, §5(l)(4), Dec. 19, 2014, 128 Stat. 3271.)

#### **Editorial Notes**

#### References in Text

The Comprehensive Environmental Response, Compensation, and Liability Act, referred to in text, probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.

The Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Oil Pollution Act of 1990, referred to in text, is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, which is classified principally to chapter 40 (§2701 et seq.) of Title 33. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 33 and Tables.

#### Codification

Provisions of this section preceding the proviso are from title I of Pub. L. 103–138, as amended, and the proviso is from section 101(c) [title I] of Pub. L. 104–134, as amended.

#### Amendments

2014—Pub. L. 113–287, which directed that this section be "omitted" by substituting "subchapter II of chapter 1007 of title 54" for "the Act of July 27, 1990 (Public Law 101–337)", was executed by amending this section by making the substitution, to reflect the probable intent of Congress.

1997—Pub. L. 105–83 inserted ", including transfers to Federal trustees and payments to non-Federal trustees," after "account" and ", to remain available until expended," after "and such sums" and substituted "heretofore and hereafter" for "in fiscal year 1996 and thereafter".

#### **Statutory Notes and Related Subsidiaries**

#### Prior Similar Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2503.

Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1383.