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33 U.S.C. § 2752 — Annual appropriations

submitted 36 years ago by Pub. L. 101-380 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 261 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Fund generally requires annual appropriations, with listed exceptions and advance-and-repayment rules.

(a) Required. Except for subsection (b), money in the Fund may be used only as annual appropriation Acts provide. (b) Exceptions. (1) Subsection (a) does not apply to (A) sections 2706(f), 2712(a)(4), or 2736, or (B) up to $50,000,000 per fiscal year that the President makes available from the Fund to carry out section 1321(c) and begin the natural-resource-damage assessment required by section 2706. (2)(A) If that amount is not enough, the Coast Guard may take necessary advances from the Fund, up to $100,000,000 for each advance. Total advances may not exceed the amounts available under section 9509(c)(2) of title 26. (B) Within 30 days after taking an advance, the Coast Guard must tell Congress the amount and why it was needed. (C) The Coast Guard must repay advances when, and to the extent that, it recovers removal costs from responsible parties for the discharge or substantial threat of discharge. (3) Money covered by this subsection remains available until spent.

the actual law source: uscode.house.gov ↗public domain
(a) Required

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

(b) Exceptions
(1) In general

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) Fund advances
(A) In general

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) Notification to Congress

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) Repayment

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) Availability

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

Source credit: (Pub. L. 101–380, title VI, § 6002, Aug. 18, 1990, 104 Stat. 555; Pub. L. 104–324, title XI, § 1102(c)(1), Oct. 19, 1996, 110 Stat. 3966; Pub. L. 107–295, title III, § 323, Nov. 25, 2002, 116 Stat. 2104; Pub. L. 111–191, § 1, June 15, 2010, 124 Stat. 1278; Pub. L. 111–212, title II, § 2001, July 29, 2010, 124 Stat. 2337; Pub. L. 117–263, div. K, title CXIII, § 11313, Dec. 23, 2022, 136 Stat. 4086.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-380 · 104 Stat. 555
  • 1996Amended · Pub. L. 104-324 · 110 Stat. 3966
  • 2002Amended · Pub. L. 107-295 · 116 Stat. 2104
  • 2010Amended · Pub. L. 111-191 · 124 Stat. 1278
  • 2010Amended · Pub. L. 111-212 · 124 Stat. 2337
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 4086

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-380 on 1990-08-18.

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