33 U.S.C. § 2731 — Oil Spill Recovery Institute

(a) Establishment. The Secretary of Commerce must arrange for a Prince William Sound Oil Spill Recovery Institute through the Prince William Sound Science and Technology Institute in Cordova, Alaska. The Institute is called the "Institute" here. (b) Functions. The Institute must research and conduct education and demonstration projects to (1) identify and develop the best available methods, equipment, and materials for Arctic and Subarctic marine oil spills; and (2) complement federal and State damage assessments and determine, record, assess, and understand the long-term effects of such spills on Prince William Sound and nearby waters, as generally shown on the map titled "EXXON VALDEZ oil spill dated March 1990," and on their natural resources, environment, economy, and the lifestyle and well-being of dependent people. It may not study or recommend on matters not directly related to those spills or their effects. (c) Advisory board. (1) The Institute's policies are set by a 16-member board: (A) one State employee appointed by each Alaska Commissioner of Fish and Game, Environmental Conservation, and Natural Resources; (B) one federal employee appointed by each Secretary of Commerce and the Interior and by the Coast Guard Commandant; (C) two fishing-industry representatives appointed by Alaska's Governor from affected Alaska communities, serving 2-year terms, with interested fishing organizations allowed to submit names; (D) two Alaska Natives representing affected Native entities, at least one from Prince William Sound, appointed by the Governor from four qualified names submitted by the Alaska Federation of Natives, serving 2-year terms; (E) two oil-and-gas representatives appointed by the Governor for 2-year terms, with interested organizations allowed to submit names; (F) two at-large affected-community residents knowledgeable about Prince William Sound's marine environment and wildlife, appointed by the remaining board members for 2-year terms, with interested parties allowed to submit names; (G) one nonvoting Institute of Marine Science representative; and (H) one nonvoting representative appointed by the Prince William Sound Science and Technology Institute. (2) The Commerce Secretary's representative is chair. (3) Board policies must cover research, projects, and studies supported through nationally competitive contracts and grants in line with this section. (4) Every 5 years the board may ask the National Academy of Sciences to scientifically review the research program; if asked, it performs the review as part of section 2761(b)(2) duties. (d) Scientific and technical committee. (1) The board must create a committee of specialists from the University of Alaska, Institute of Marine Science, Prince William Sound Science and Technology Institute, and elsewhere in academia, covering oil-spill containment and cleanup technology, Arctic and Subarctic marine ecology, and Prince William Sound's living resources and socioeconomic conditions. (2) The committee gives the board requested advice, including research recommendations. Neither the board may request nor the committee provide advice not directly related to Arctic or Subarctic spills or their effects. (e) Director. The board appoints an Institute Director. The Prince William Sound Science and Technology Institute and the committee may separately recommend candidates. The Director may hire staff and spend money for the Institute as the board authorizes. (f) Evaluation. The Commerce Secretary may continually evaluate the Institute to ensure received funds are used consistently with this section. (g) Audit. The Comptroller General and authorized representatives may inspect relevant books, documents, papers, and records of the Institute and its administering agency to audit and examine received and spent funds. (h) Employees. Institute employees are not federal employees for any purpose merely because of their employment. (i) Termination. The funding authorization in section 2736(b) ends 1 year after the Secretary, consulting the Interior Secretary, determines that oil and gas exploration, development, and production in Alaska have stopped. (j) Fund use. No funds may initiate litigation or buy real property, including buildings, or construct a building. No more than 20 percent may lease necessary facilities and administer the Institute. The board may reimburse its federal representatives' reasonable travel costs. Funds may be used only for subsection (b) functions. (k) Research. The Institute must publish and provide on request the results of all its research, educational, and demonstration projects. The Administrator must give NOAA a copy of every such project. (l) Definition. "Prince William Sound and its adjacent waters" means the sound and waters generally shown on the map titled "EXXON VALDEZ oil spill dated March 1990." This section does not otherwise define quoted terms.