§2738 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Creates a North Pacific Marine Research Institute at the Alaska SeaLife Center. The North Pacific Research Board will run it under the Secretary of Commerce. The Institute must do research, teaching, and demonstration projects about the North Pacific marine ecosystem. It will focus on marine mammals, sea birds, fish, and shellfish in the Bering Sea and the Gulf of Alaska, including areas near Kenai Fjords National Park and the Alaska Maritime National Wildlife Refuge. The Institute may lease, run, and upgrade the research gear and facilities it needs at the Alaska SeaLife Center. The Secretary of Commerce can check the Institute from time to time to make sure funds are used properly. Institute staff are not federal employees. Funds cannot be used to start lawsuits or buy land (except leases at the Alaska SeaLife Center). No more than 10 percent of funds for the research and education projects may pay administration. The Institute and the North Pacific Research Board may share administrative money if the Board agrees. The Institute must publish its results and give copies on request, and must send all results to the National Park Service, the U.S. Fish and Wildlife Service, and NOAA.

Title 33, §2738

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary of Commerce shall establish a North Pacific Marine Research Institute (hereafter in this section referred to as the “Institute”) to be administered at the Alaska SeaLife Center by the North Pacific Research Board.

(b)The Institute shall—

(1)conduct research and carry out education and demonstration projects on or relating to the North Pacific marine ecosystem with particular emphasis on marine mammal, sea bird, fish, and shellfish populations in the Bering Sea and Gulf of Alaska including populations located in or near Kenai Fjords National Park and the Alaska Maritime National Wildlife Refuge; and

(2)lease, maintain, operate, and upgrade the necessary research equipment and related facilities necessary to conduct such research at the Alaska SeaLife Center.

(c)The Secretary of Commerce may periodically evaluate the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section. Chapter 10 of title 5 shall not apply to the Institute.

(d)Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose.

(e)No funds made available to carry out this section may be used to initiate litigation, or for the acquisition of real property (other than facilities leased at the Alaska SeaLife Center). No more than 10 percent of the funds made available to carry out subsection (b)(1) may be used to administer the Institute. The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 105–83 may be used to jointly administer such programs at the discretion of the North Pacific Research Board.

(f)The Institute shall publish and make available to any person on request the results of all research, educational, and demonstration projects conducted by the Institute. The Institute shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Park Service, the United States Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Public Law 105–83, referred to in subsec. (e), is Pub. L. 105–83, Nov. 14, 1997, 111 Stat. 1543, known as the Department of the Interior and Related Agencies Appropriations Act, 1998. For complete classification of this Act to the Code, see Tables.

Amendments

2022—Subsec. (c). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act”. 2000—Subsec. (c). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(A)], inserted second sentence and struck out former second sentence which read as follows: “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 that are pertinent to the funds received and expended by the Institute.” Subsec. (e). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(c)(1)(B)], inserted at end “The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 105–83 may be used to jointly administer such programs at the discretion of the North Pacific Research Board.”

§2738 North Pacific Marine Research Institute