§2752 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Money in the Fund can only be spent when yearly appropriation laws allow it. But that rule does not apply to payments under sections 2706(f), 2712(a)(4), and 2736, or to up to $50,000,000 in any fiscal year that the President can use from the Fund to carry out section 1321(c) and to start natural resource damage assessments under section 2706. If that $50,000,000 is not enough, the Coast Guard may take one or more advances from the Fund, each up to $100,000,000, so long as the total does not exceed the limit in 26 U.S.C. 9509(c)(2). The Coast Guard must tell Congress within 30 days of any advance, giving the amount and why it was needed. Advances must be repaid when the Coast Guard recovers removal costs from the responsible parties. Money covered by these rules stays available until it is spent.

Title 33, §2752

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), amounts in the Fund shall be available only as provided in annual appropriation Acts.

(b)(1)Subsection (a) shall not apply to—

(A)section 2706(f), 2712(a)(4), or 2736 of this title; or

(B)an amount, which may not exceed $50,000,000 in any fiscal year, made available by the President from the Fund—

(i)to carry out section 1321(c) of this title; and

(ii)to initiate the assessment of natural resources damages required under section 2706 of this title.

(2)(A)To the extent that the amount described in subparagraph (B) of paragraph (1) is not adequate to carry out the activities described in such subparagraph, the Coast Guard may obtain 1 or more advances from the Fund as may be necessary, up to a maximum of $100,000,000 for each advance, with the total amount of advances not to exceed the amounts available under section 9509(c)(2) of title 26.

(B)Not later than 30 days after the date on which the Coast Guard obtains an advance under subparagraph (A), the Coast Guard shall notify Congress of—

(i)the amount advanced; and

(ii)the facts and circumstances that necessitated the advance.

(C)Amounts advanced under this paragraph shall be repaid to the Fund when, and to the extent that, removal costs are recovered by the Coast Guard from responsible parties for the discharge or substantial threat of discharge.

(3)Amounts to which this subsection applies shall remain available until expended.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b). Pub. L. 117–263 added subsec. (b) and struck out former subsec. (b) which related to exceptions. 2010—Subsec. (b). Pub. L. 111–212, which directed amendment of second sentence by inserting “: (1)” before “may obtain an advance from the Fund” and substituting “advance; (2) in the case of discharge of oil that began in 2010 in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, may, without further appropriation, obtain one or more advances from the Oil Spill Liability Trust Fund as needed, up to a maximum of $100,000,000 for each advance, the total amount of all advances not to exceed the amounts available under section 9509(c)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 9509(c)(2)), and within 7 days of each advance, shall notify Congress of the amount advanced and the facts and circumstances necessitating the advance; and (3) amounts” for “advance. Amounts”, could not be executed because of prior amendment by Pub. L. 111–191. See below. Pub. L. 111–191, in second sentence, inserted “(1)” after “Coast Guard” and “and (2) in the case of the discharge of oil that began in 2010 in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, may, without further appropriation, obtain 1 or more advances from the Fund as needed, up to a maximum of $100,000,000 for each advance, with the total amount of all advances not to exceed the amounts available under section 9509(c)(2) of title 26, and within 7 days of each advance, shall notify Congress of the amount advanced and the facts and circumstances necessitating the advance” before period at end. 2002—Subsec. (b). Pub. L. 107–295 inserted after first sentence “To the extent that such amount is not adequate, the Coast Guard may obtain an advance from the Fund of such sums as may be necessary, up to a maximum of $100,000,000, and within 30 days shall notify Congress of the amount advanced and the facts and circumstances necessitating the advance. Amounts advanced shall be repaid to the Fund when, and to the extent that, removal costs are recovered by the Coast Guard from responsible parties for the discharge or substantial threat of discharge.” 1996—Subsec. (b). Pub. L. 104–324 substituted “2736” for “2736(b)”.

Statutory Notes and Related Subsidiaries

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 section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Executive Documents

Delegation of Functions Functions of President under subsec. (b) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(a)(1)(B) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54766, set out as a note under section 1321 of this title.

§2752 Annual Appropriations