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U.S. Code as of:
01/19/04
Section 2731. Oil Spill Recovery Institute
(a) Establishment of Institute
The Secretary of Commerce shall provide for the establishment of
a Prince William Sound Oil Spill Recovery Institute (hereinafter in
this section referred to as the "Institute") through the Prince
William Sound Science and Technology Institute located in Cordova,
Alaska.
(b) Functions
The Institute shall conduct research and carry out educational
and demonstration projects designed to -
(1) identify and develop the best available techniques,
equipment, and materials for dealing with oil spills in the
arctic and subarctic marine environment; and
(2) complement Federal and State damage assessment efforts and
determine, document, assess, and understand the long-range
effects of Arctic or Subarctic oil spills on the natural
resources of Prince William Sound and its adjacent waters (as
generally depicted on the map entitled "EXXON VALDEZ oil spill
dated March 1990"), and the environment, the economy, and the
lifestyle and well-being of the people who are dependent on them,
except that the Institute shall not conduct studies or make
recommendations on any matter which is not directly related to
Arctic or Subarctic oil spills or the effects thereof.
(c) Advisory board
(1) In general
The policies of the Institute shall be determined by an
advisory board, composed of 16 members appointed as follows:
(A) One representative appointed by each of the Commissioners
of Fish and Game, Environmental Conservation, and Natural
Resources of the State of Alaska, all of whom shall be State
employees.
(B) One representative appointed by each of the Secretaries
of Commerce, the Interior, and Transportation, who shall be
Federal employees.
(C) Two representatives from the fishing industry appointed
by the Governor of the State of Alaska from among residents of
communities in Alaska that were affected by the EXXON VALDEZ
oil spill, who shall serve terms of 2 years each. Interested
organizations from within the fishing industry may submit the
names of qualified individuals for consideration by the
Governor.
(D) Two Alaska Natives who represent Native entities affected
by the EXXON VALDEZ oil spill, at least one of whom represents
an entity located in Prince William Sound, appointed by the
Governor of Alaska from a list of 4 qualified individuals
submitted by the Alaska Federation of Natives, who shall serve
terms of 2 years each.
(E) Two representatives from the oil and gas industry to be
appointed by the Governor of the State of Alaska who shall
serve terms of 2 years each. Interested organizations from
within the oil and gas industry may submit the names of
qualified individuals for consideration by the Governor.
(F) Two at-large representatives from among residents of
communities in Alaska that were affected by the EXXON VALDEZ
oil spill who are knowledgeable about the marine environment
and wildlife within Prince William Sound, and who shall serve
terms of 2 years each, appointed by the remaining members of
the Advisory Board. Interested parties may submit the names of
qualified individuals for consideration by the Advisory Board.
(G) One nonvoting representative of the Institute of Marine
Science.
(H) One nonvoting representative appointed by the Prince
William Sound Science and Technology Institute.
(2) Chairman
The representative of the Secretary of Commerce shall serve as
Chairman of the Advisory Board.
(3) Policies
Policies determined by the Advisory Board under this subsection
shall include policies for the conduct and support, through
contracts and grants awarded on a nationally competitive basis,
of research, projects, and studies to be supported by the
Institute in accordance with the purposes of this section.
(4) Scientific review
The Advisory Board may request a scientific review of the
research program every five years by the National Academy of
Sciences which shall perform the review, if requested, as part of
its responsibilities under section 2761(b)(2) of this title.
(d) Scientific and technical committee
(1) In general
The Advisory Board shall establish a scientific and technical
committee, composed of specialists in matters relating to oil
spill containment and cleanup technology, arctic and subarctic
marine ecology, and the living resources and socioeconomics of
Prince William Sound and its adjacent waters, from the University
of Alaska, the Institute of Marine Science, the Prince William
Sound Science and Technology Institute, and elsewhere in the
academic community.
(2) Functions
The Scientific and Technical Committee shall provide such
advice to the Advisory Board as the Advisory Board shall request,
including recommendations regarding the conduct and support of
research, projects, and studies in accordance with the purposes
of this section. The Advisory Board shall not request, and the
Committee shall not provide, any advice which is not directly
related to Arctic or Subarctic oil spills or the effects thereof.
(e) Director
The Institute shall be administered by a Director appointed by
the Advisory Board. The Prince William Sound Science and Technology
Institute and the Scientific and Technical Committee may each
submit independent recommendations for the Advisory Board's
consideration for appointment as Director. The Director may hire
such staff and incur such expenses on behalf of the Institute as
are authorized by the Advisory Board.
(f) Evaluation
The Secretary of Commerce may conduct an ongoing evaluation of
the activities of the Institute to ensure that funds received by
the Institute are used in a manner consistent with this section.
(g) Audit
The Comptroller General of the United States, and any of his or
her duly authorized representatives, shall have access, for
purposes of audit and examination, to any books, documents, papers,
and records of the Institute and its administering agency that are
pertinent to the funds received and expended by the Institute and
its administering agency.
(h) Status of employees
Employees of the Institute shall not, by reason of such
employment, be considered to be employees of the Federal Government
for any purpose.
(i) Termination
The authorization in section 2736(b) of this title providing
funding for the Institute shall terminate September 30, 2012.
(j) Use of funds
No funds made available to carry out this section may be used to
initiate litigation. No funds made available to carry out this
section may be used for the acquisition of real property (including
buildings) or construction of any building. No more than 20 percent
of funds made available to carry out this section may be used to
lease necessary facilities and to administer the Institute. The
Advisory Board may compensate its Federal representatives for their
reasonable travel costs. None of the funds authorized by this
section shall be used for any purpose other than the functions
specified in subsection (b) of this section.
(k) Research
The Institute shall publish and make available to any person upon
request the results of all research, educational, and demonstration
projects conducted by the Institute. The Administrator shall
provide a copy of all research, educational, and demonstration
projects conducted by the Institute to the National Oceanic and
Atmospheric Administration.
(l) "Prince William Sound and its adjacent waters" defined
In this section, the term "Prince William Sound and its adjacent
waters" means such sound and waters as generally depicted on the
map entitled "EXXON VALDEZ oil spill dated March 1990".
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