(Pub. L. 101–380, title I, § 1012,Aug. 18, 1990, 104 Stat. 498; Pub. L. 108–293, title VII, § 708(b),Aug. 9, 2004, 118 Stat. 1077; Pub. L. 111–281, title VII, § 708,Oct. 15, 2010, 124 Stat. 2984.)
References in Text
This Act, referred to in subsecs. (a)(5) and (f), is Pub. L. 101–380
, Aug. 18, 1990, 104 Stat. 484
, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. Sections
are classified to sections
, respectively, of this title. Section
4107 amended section
of this title and enacted provisions set out as a note under section
of this title. Sections
4111 enacted provisions set out as a note and formerly set out as a note under section
, Shipping. Section
4112 is not classified to the Code. Section
4117 enacted provisions set out as a note under section 1295 of the former Appendix to Title 46. Section
5006 is classified to section
of this title. Section
8103 enacted provisions formerly set out as a note under section
, Public Lands. Title VII is classified to subchapter IV of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
of this title and Tables.
2010—Subsec. (a)(5)(B) to (D). Pub. L. 111–281
, § 708(a), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.
Subsec. (g). Pub. L. 111–281
, § 708(b)(1), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “The Comptroller General shall audit all payments, obligations, reimbursements, and other uses of the Fund, to assure that the Fund is being properly administered and that claims are being appropriately and expeditiously considered. The Comptroller General shall submit to the Congress an interim report one year after August 18, 1990. The Comptroller General shall thereafter audit the Fund as is appropriate. Each Federal agency shall cooperate with the Comptroller General in carrying out this subsection.”
Subsec. (l). Pub. L. 111–281
, § 708(b)(2), added subsec. (l).
2004—Subsec. (a)(6). Pub. L. 108–293
added par. (6).
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
, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
Delegation of Functions
Functions of President under subsecs. (a)(1), (3), (4), (d), and (e) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(a)(1)(A), (c)(1), (3) of Ex. Ord. No. 12777, Oct. 18, 1991, 56
, 54767, set out as a note under section
of this title.
Functions of President under subsec. (a)(2) of this section delegated to Federal trustees designated in National Contingency Plan by section 7(a)(2) of Ex. Ord. No. 12777.
Functions of President under subsecs. (a)(5) and (c) of this section delegated to each head of departments and agencies having responsibility for implementation, administration, and enforcement of the Oil Pollution Act of 1990 (Pub. L. 101–380
, see Tables for classification) and section
, (c), (d), (j), (l) of this title by section 7(a)(3), (b) of Ex. Ord. No. 12777.
Memorandum of the President of the United States, Aug. 24, 1990, 55
, which delegated to the Secretary of the Department in which the Coast Guard is operating authority to make available from the Oil Spill Liability Trust Fund not to exceed $50,000,000 in any fiscal year to remove discharged oil or hazardous substances from navigable waters, was revoked by Ex. Ord. No. 12777, § 8(i), Oct. 18, 1991, 56
, set out as a note under section
of this title.
Use of Fund for Spills of National Significance
Pub. L. 112–74
, div. D, title V, § 563,Dec. 23, 2011, 125 Stat. 981
, provided that: “For fiscal year 2012 and thereafter, notwithstanding section 1012(a)(5) of the Oil Pollution Act of 1990 (33
) and 31
U.S.C. 3302, in the event that a spill of national significance occurs, any payment of amounts from the Oil Spill Liability Trust Fund pursuant to section 1012(a)(1) of the Oil Pollution Act of 1990 (33
) for the removal costs incurred by the Coast Guard for such spill, shall be credited directly to the accounts of the Coast Guard current at the time such removal costs were incurred or when reimbursement is received: Provided, That such amounts shall be merged with and, without further appropriations, made available for the same time period and the same purpose as the appropriation to which it is credited.”