dreamproit/uscode huggingface dataset:
33 U.S.C. § 2751 (NAVIGATION AND NAVIGABLE WATERS)
§ 2751. Savings provision
(a) Cross-references
A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act.
(b) Continuation of regulations
An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded.
(c) Rule of construction
An inference of legislative construction shall not be drawn by reason of the caption or catch line of a provision enacted by this Act.
(d) Actions and rights
Nothing in this Act shall apply to any rights and duties that matured, penalties that were incurred, and proceedings that were begun before August 18, 1990, except as provided by this section, and shall be adjudicated pursuant to the law applicable on the date prior to August 18, 1990.
(e) Admiralty and maritime law
Except as otherwise provided in this Act, this Act does not affect—
(1) admiralty and maritime law; or
(2) the jurisdiction of the district courts of the United States with respect to civil actions under admiralty and maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
(Pub. L. 101–380, title VI, § 6001, Aug. 18, 1990, 104 Stat. 554.)
heading: References in Text
text: This Act, referred to in text, 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.
33 U.S.C. § 2753 (NAVIGATION AND NAVIGABLE WATERS)
§ 2753. Repealed. Pub. L. 104–134, title I, § 101(c) [title I, § 109], Apr. 26, 1996, 110 Stat. 1321–156, 1321–177; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327
text: Section, Pub. L. 101–380, title VI, § 6003, Aug. 18, 1990, 104 Stat. 555, related to protection of the Outer Banks of North Carolina.
33 U.S.C. § 2762 (NAVIGATION AND NAVIGABLE WATERS)
§ 2762. Submerged oil program
(a) Program
(1) Establishment
The Under Secretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall establish a program to detect, monitor, and evaluate the environmental effects of submerged oil in the Delaware River and Bay region. The program shall include the following elements:
(A) The development of methods to remove, disperse, or otherwise diminish the persistence of submerged oil.
(B) The development of improved models and capacities for predicting the environmental fate, transport, and effects of submerged oil.
(C) The development of techniques to detect and monitor submerged oil.
(2) Report
Not later than 3 years after July 11, 2006, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the activities carried out under this subsection and activities proposed to be carried out under this subsection.
(b) Demonstration project
(1) Removal of submerged oil
The Commandant of the Coast Guard, in conjunction with the Under Secretary of Commerce for Oceans and Atmosphere, shall conduct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove submerged oil from the Delaware River and other navigable waters.
(2) Funding
There is authorized to be appropriated to the Commandant of the Coast Guard $2,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection.
(Pub. L. 101–380, title VII, § 7002, as added Pub. L. 109–241, title VI, § 605(a)(2), July 11, 2006, 120 Stat. 555.)
33 U.S.C. § 2801 (NAVIGATION AND NAVIGABLE WATERS)
§ 2801. Purposes
The purposes of this chapter are to—
(1) establish a comprehensive national program for consistent monitoring of the Nation’s coastal ecosystems;
(2) establish long-term water quality assessment and monitoring programs for high priority coastal waters that will enhance the ability of Federal, State, and local authorities to develop and implement effective remedial programs for those waters;
(3) establish a system for reviewing and evaluating the scientific, analytical, and technological means that are available for monitoring the environmental quality of coastal ecosystems;
(4) establish methods for identifying uniform indicators of coastal ecosystem quality;
(5) provide for periodic, comprehensive reports to Congress concerning the quality of the Nation’s coastal ecosystems;
(6) establish a coastal environment information program to distribute coastal monitoring information;
(7) provide state 1 programs authorized under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) with information necessary to design land use plans and coastal zone regulations that will contribute to the protection of coastal ecosystems; and
(8) provide certain water pollution control programs authorized under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) with information necessary to design and implement effective coastal water pollution controls.
(Pub. L. 92–532, title V, § 501, as added Pub. L. 102–567, title V, § 501, Oct. 29, 1992, 106 Stat. 4293.)
heading: References in Text
text: The Coastal Zone Management Act of 1972, referred to in par. (7), is title III of Pub. L. 89–454 as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables.
The Federal Water Pollution Control Act, referred to in par. (8), 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 this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.
heading: Short Title
text: Title V of Pub. L. 92–532, which comprises this chapter, is popularly known as the “National Coastal Monitoring Act”.
33 U.S.C. § 2802 (NAVIGATION AND NAVIGABLE WATERS)
§ 2802. Definitions
For the purposes of this chapter, the term—
(1) “Administrator” means the Administrator of the Environmental Protection Agency;
(2) “coastal ecosystem” means a system of interacting biological, chemical, and physical components throughout the water column, water surface, and benthic environment of coastal waters;
(3) “coastal water quality” means the physical, chemical and biological parameters that relate to the health and integrity of coastal ecosystems;
(4) “coastal water quality monitoring” means a continuing program of measurement, analysis, and synthesis to identify and quantify coastal water quality conditions and trends to provide a technical basis for decisionmaking;
(5) “coastal waters” means waters of the Great Lakes, including their connecting waters and those portions of rivers, streams, and other bodies of water having unimpaired connection with the open sea up to the head of tidal influence, including wetlands, intertidal areas, bays, harbors, and lagoons, including waters of the territorial sea of the United States and the contiguous zone”; 1 and
(6) “Under Secretary” means Under Secretary of Commerce for Oceans and Atmosphere.
(Pub. L. 92–532, title V, § 502, as added Pub. L. 102–567, title V, § 501, Oct. 29, 1992, 106 Stat. 4294.)
heading: Territorial Sea and Contiguous Zone of United States
text: For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.
33 U.S.C. § 2804 (NAVIGATION AND NAVIGABLE WATERS)
§ 2804. Report to Congress
On September 30 of each other year beginning in 1993, the Administrator and the Under Secretary shall jointly submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Merchant Marine and Fisheries and the Committee on Public Works and Transportation of the House of Representatives a report describing the condition of the Nation’s coastal ecosystems, including the following:
(1) an assessment of the status and health of the Nation’s coastal ecosystems;
(2) an evaluation of environmental trends in coastal ecosystems;
(3) identification of sources of enironmental 1 degradation affecting coastal ecosystems;
(4) an assessment of the extent to which floatables degrade coastal ecosystems, including trends in the accumulation of floatables and the threat posed by floatables to aquatic life;
(5) an assessment of the impact of government programs designed to abate the degradation of coastal ecosystems: 2
(6) an evaluation of the adequacy of monitoring programs and identification of any additional program elements which may be needed; and
(7) a summary of monitoring results in areas monitored under subsection 3 2803(d) of this title.
(Pub. L. 92–532, title V, § 504, as added Pub. L. 102–567, title V, § 501, Oct. 29, 1992, 106 Stat. 4299.)
heading: Change of Name
text: Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.
heading: Abolition of House Committee on Merchant Marine and Fisheries
text: Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.
33 U.S.C. § 2805 (NAVIGATION AND NAVIGABLE WATERS)
§ 2805. Authorization of appropriations
(a) NOAA authorization
For development and implementation of programs under this chapter, including financial assistance to non-Federal agencies and institutions to support implementation of intensive monitoring programs under section 2803(d) of this title, there is authorized to be appropriated to the Under Secretary amounts not to exceed $5,000,000 for fiscal year 1993, $8,000,000 for fiscal year 1994, $10,000,000 for fiscal year 1995, and $12,000,000 for fiscal year 1996.
(b) EPA authorization
For development and implementation of programs under this chapter, including financial assistance to non-Federal agencies and institutions to support implementation of intensive monitoring programs under section 2803(d) of this title, there is authorized to be appropriated to the Administrator amounts not to exceed $5,000,000 for fiscal year 1993, $8,000,000 for fiscal year 1994, and $10,000,000 for fiscal year 1995, and $12,000,000 for fiscal year 1996.
(Pub. L. 92–532, title V, § 505, as added Pub. L. 102–567, title V, § 501, Oct. 29, 1992, 106 Stat. 4299.)
33 U.S.C. § 2905 (NAVIGATION AND NAVIGABLE WATERS)
§ 2905. Estuary habitat restoration strategy
(a) In general
Not later than 1 year after November 7, 2000, the Council, 1 shall develop an estuary habitat restoration strategy designed to ensure a comprehensive approach to maximize benefits derived from estuary habitat restoration projects and to foster the coordination of Federal and non-Federal activities related to restoration of estuary habitat.
(b) Goal
The goal of the strategy shall be the restoration of 1,000,000 acres of estuary habitat by the year 2010.
(c) Integration of estuary habitat restoration plans, programs, and partnerships
In developing the estuary habitat restoration strategy, the Council shall—
(1) conduct a review of estuary management or habitat restoration plans and Federal programs established under other laws that authorize funding for estuary habitat restoration activities; and
(2) ensure that the estuary habitat restoration strategy is developed in a manner that is consistent with the estuary management or habitat restoration plans.
(d) Elements of the strategy
The estuary habitat restoration strategy shall include proposals, methods, and guidance on—
(1) maximizing the incentives for the creation of new public-private partnerships to carry out estuary habitat restoration projects and the use of Federal resources to encourage increased private sector involvement in estuary habitat restoration activities;
(2) ensuring that the estuary habitat restoration strategy will be implemented in a manner that is consistent with the estuary management or habitat restoration plans;
(3) promoting estuary habitat restoration projects to—
(A) provide healthy ecosystems in order to support—
(i) wildlife, including endangered and threatened species, migratory birds, and resident species of an estuary watershed; and
(ii) fish and shellfish, including commercial and recreational fisheries;
(B) improve surface and ground water quality and quantity, and flood control;
(C) provide outdoor recreation; and
(D) address other areas of concern that the Council determines to be appropriate for consideration;
(4) addressing the estimated historic losses, estimated current rate of loss, and extent of the threat of future loss or degradation of each type of estuary habitat;
(5) measuring the rate of change for each type of estuary habitat;
(6) selecting a balance of smaller and larger estuary habitat restoration projects; and
(7) ensuring equitable geographic distribution of projects funded under this chapter.
(e) Public review and comment
Before the Council adopts a final or revised estuary habitat restoration strategy, the Secretary shall publish in the Federal Register a draft of the estuary habitat restoration strategy and provide an opportunity for public review and comment.
(f) Periodic revision
Using data and information developed through project monitoring and management, and other relevant information, the Council may periodically review and update, as necessary, the estuary habitat restoration strategy.
(Pub. L. 106–457, title I, § 106, Nov. 7, 2000, 114 Stat. 1963.)
33 U.S.C. § 2906 (NAVIGATION AND NAVIGABLE WATERS)
§ 2906. Monitoring of estuary habitat restoration projects
(a) Under Secretary
In this section, the term “Under Secretary” means the Under Secretary for Oceans and Atmosphere of the Department of Commerce.
(b) Database of restoration project information
The Under Secretary, in consultation with the Council, shall develop and maintain an appropriate database of information concerning estuary habitat restoration projects carried out under this chapter, including information on project techniques, project completion, monitoring data, and other relevant information.
(c) Monitoring data standards
The Under Secretary, in consultation with the Council, shall develop standard data formats for monitoring projects, along with requirements for types of data collected and frequency of monitoring.
(d) Coordination of data
The Under Secretary shall have general data compilation, coordination, and analysis responsibilities to carry out this chapter and in support of the strategy developed under this section, including compilation of information that pertains to estuary habitat restoration projects from other Federal, State, and local sources and that meets the quality control requirements and data standards established under this section.
(e) Use of existing programs
The Under Secretary shall use existing programs within the National Oceanic and Atmospheric Administration to create and maintain the database required under this section.
(f) Public availability
The Under Secretary shall make the information collected and maintained under this section available to the public.
(Pub. L. 106–457, title I, § 107, Nov. 7, 2000, 114 Stat. 1964; Pub. L. 110–114, title V, § 5017(e), Nov. 8, 2007, 121 Stat. 1198.)
heading: Amendments
text: 2007—Subsec. (d). Pub. L. 110–114 substituted “have general data compilation, coordination, and analysis responsibilities to carry out this chapter and in support of the strategy developed under this section, including compilation of” for “compile”.
33 U.S.C. § 2907 (NAVIGATION AND NAVIGABLE WATERS)
§ 2907. Reporting
(a) In general
Not later than September 30, 2008, and every 2 years thereafter, the Secretary, after considering the advice and recommendations of the Council, shall transmit to Congress a report on the results of activities carried out under this chapter.
(b) Contents of report
A report under subsection (a) of this section shall include—
(1) data on the number of acres of estuary habitat restored under this chapter, including descriptions of, and partners involved with, projects selected, in progress, and completed under this chapter that comprise those acres;
(2) information from the database established under section 2906(b) of this title related to ongoing monitoring of projects to ensure that short-term and long-term restoration goals are achieved;
(3) an estimate of the long-term success of varying restoration techniques used in carrying out estuary habitat restoration projects;
(4) a review of how the information described in paragraphs (1) through (3) has been incorporated in the selection and implementation of estuary habitat restoration projects;
(5) a review of efforts made to maintain an appropriate database of restoration projects carried out under this chapter; and
(6) a review of the measures taken to provide the information described in paragraphs (1) through (3) to persons with responsibility for assisting in the restoration of estuary habitat.
(Pub. L. 106–457, title I, § 108, Nov. 7, 2000, 114 Stat. 1965; Pub. L. 110–114, title V, § 5017(f), Nov. 8, 2007, 121 Stat. 1198.)
heading: Amendments
text: 2007—Subsec. (a). Pub. L. 110–114 substituted “Not later than September 30, 2008, and every 2 years thereafter” for “At the end of the third and fifth fiscal years following November 7, 2000”.
33 U.S.C. § 2908 (NAVIGATION AND NAVIGABLE WATERS)
§ 2908. Funding
(a) Authorization of appropriations
(1) Estuary habitat restoration projects
There is authorized to be appropriated for carrying out and providing technical assistance for estuary habitat restoration projects—
(A) to the Secretary, $25,000,000 for each of fiscal years 2008 through 2012;
(B) to the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service), $2,500,000 for each of fiscal years 2008 through 2012;
(C) to the Under Secretary for Oceans and Atmosphere of the Department of Commerce, $2,500,000 for each of fiscal years 2008 through 2012;
(D) to the Administrator of the Environmental Protection Agency, $2,500,000 for each of fiscal years 2008 through 2012; and
(E) to the Secretary of Agriculture, $2,500,000 for each of fiscal years 2008 through 2012.
Such sums shall remain available until expended.
(2) Monitoring
There is authorized to be appropriated to the Under Secretary for Oceans and Atmosphere of the Department of Commerce for the acquisition, maintenance, and management of monitoring data on restoration projects carried out under this chapter and other information compiled under section 2906 of this title, $1,500,000 for each of fiscal years 2001 through 2012. Such sums shall remain available until expended.
(b) Set-aside for administrative expenses of the Council
Not to exceed 3 percent of the amounts appropriated for a fiscal year under subsection (a)(1) of this section or $1,500,000, whichever is greater, may be used by the Secretary for administration and operation of the Council.
(Pub. L. 106–457, title I, § 109, Nov. 7, 2000, 114 Stat. 1965; Pub. L. 110–114, title V, § 5017(g), Nov. 8, 2007, 121 Stat. 1198.)
heading: Amendments
text: 2007—Subsec. (a)(1). Pub. L. 110–114, § 5017(g)(1), struck out “to the Secretary” after “appropriated” in introductory provisions, added subpars. (A) to (E), and struck out former subpars. (A) to (D) which read as follows:
“(A) $40,000,000 for fiscal year 2001;
“(B) $50,000,000 for each of fiscal years 2002 and 2003;
“(C) $60,000,000 for fiscal year 2004; and
“(D) $75,000,000 for fiscal year 2005.”
Subsec. (a)(2). Pub. L. 110–114, § 5017(g)(2), inserted “and other information compiled under section 2906 of this title” after “this chapter” and substituted “2012” for “2005”.
33 U.S.C. § 2909 (NAVIGATION AND NAVIGABLE WATERS)
§ 2909. General provisions
(a) Agency consultation and coordination
In carrying out this chapter, the Secretary shall, as necessary, consult with, cooperate with, and coordinate its activities with the activities of other Federal departments and agencies.
(b) Cooperative agreements; memoranda of understanding
In carrying out this chapter, the Secretary may—
(1) enter into cooperative agreements or contracts with Federal, State, and local government agencies, nongovernmental organizations, and other entities; and
(2) execute such memoranda of understanding as are necessary to reflect the agreements.
(c) Federal agency facilities and personnel
Federal agencies may cooperate in carrying out scientific and other programs necessary to carry out this chapter, and may provide facilities and personnel, for the purpose of assisting the Council in carrying out its duties under this chapter.
(Pub. L. 106–457, title I, § 110, Nov. 7, 2000, 114 Stat. 1966; Pub. L. 110–114, title V, § 5017(h), Nov. 8, 2007, 121 Stat. 1199.)
heading: Amendments
text: 2007—Subsec. (b)(1). Pub. L. 110–114, § 5017(h)(1), inserted “or contracts” after “agreements” and “, nongovernmental organizations,” after “agencies”.
Subsecs. (d), (e). Pub. L. 110–114, § 5017(h)(2), struck out subsecs. (d) and (e) which related to identification and mapping of dredged material disposal sites and study of bioremediation technology, respectively.
33 U.S.C. § 3001 (NAVIGATION AND NAVIGABLE WATERS)
§ 3001. Commissioned officer corps
There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps.
(Pub. L. 107–372, title II, § 211, Dec. 19, 2002, 116 Stat. 3082.)
heading: Short Title
text: Pub. L. 107–372, title II, § 201, Dec. 19, 2002, 116 Stat. 3082, provided that: “This title [enacting this chapter, amending section 1406 of Title 10, Armed Services, and section 2396 of Title 22, Foreign Relations and Intercourse, repealing sections 853a to 853l, 853o, 853p to 853r, 853t to 854, 855, 856 to 857–5, 858, 864, and 874 of this title, amending provisions set out as a note under section 1293 of Title 10, and repealing provisions set out as notes under sections 853a and 857–1 of this title and section 101 of Title 38, Veterans’ Benefits] may be cited as the ‘National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002’.”