33 U.s.c. 1442

Page 619

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

§ 1420. Authorization of appropriations
There are authorized to be appropriated, for
purposes of carrying out this subchapter, not to
exceed $12,000,000 for fiscal year 1993 and not to
exceed $14,000,000 for each of the fiscal years
1994, 1995, 1996, and 1997, to remain available
until expended.
(Pub. L. 92–532, title I, § 111, Oct. 23, 1972, 86 Stat.
1060; Pub. L. 93–472, Oct. 26, 1974, 88 Stat. 1430;
Pub. L. 94–62, § 1, July 25, 1975, 89 Stat. 303; Pub.
L. 94–326, § 1, June 30, 1976, 90 Stat. 725; Pub. L.
95–153, § 1, Nov. 4, 1977, 91 Stat. 1255; Pub. L.
96–572, § 1, Dec. 22, 1980, 94 Stat. 3344; Pub. L.
97–16, June 23, 1981, 95 Stat. 100; Pub. L. 100–536,
Oct. 28, 1988, 102 Stat. 2710; Pub. L. 102–580, title
V, § 509(a), Oct. 31, 1992, 106 Stat. 4870.)
Editorial Notes
AMENDMENTS
1992—Pub. L. 102–580 substituted ‘‘for fiscal year 1993
and not to exceed $14,000,000 for each of the fiscal years
1994, 1995, 1996, and 1997, to remain available until expended’’ for ‘‘for each of fiscal years 1989, 1990, and
1991’’.
1988—Pub. L. 100–536 amended section generally, substituting provisions authorizing appropriations not to
exceed $12,000,000 for each of fiscal years 1989, 1990, and
1991, for provisions authorizing appropriations for fiscal
years 1973 to 1982.
1981—Pub. L. 97–16 increased to $4,213,000 from
$2,000,000 the authorization of appropriation for fiscal
year 1982.
1980—Pub. L. 96–572 inserted provisions authorizing
appropriations for fiscal years 1980, 1981, and 1982.
1977—Pub. L. 95–153 inserted provision authorizing appropriations not to exceed $4,800,000 for fiscal year 1978.
1976—Pub. L. 94–326 inserted provision authorizing appropriations not to exceed $4,800,000 for fiscal year 1977.
1975—Pub. L. 94–62 substituted ‘‘not to exceed
$5,500,000 for each of the fiscal years 1974 and 1975’’ for
‘‘and not to exceed $5,500,000 for fiscal years 1974 and
1975’’, and inserted provisions authorizing appropriation of an amount not to exceed $5,300,000 for fiscal
year 1976, and not to exceed $1,325,000 for the transition
period (July 1 through Sept. 30, 1976).
1974—Pub. L. 93–472 substituted ‘‘fiscal years 1974 and
1975,’’ for ‘‘fiscal year 1974,’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 6 months after Oct. 23, 1972, see section 110(a) of Pub. L. 92–532, set out as a note under section 1411 of this title.

§ 1421. Omitted
Editorial Notes
CODIFICATION
Section, Pub. L. 92–532, title I, § 112, Oct. 23, 1972, 86
Stat. 1060; Pub. L. 94–326, § 2, June 30, 1976, 90 Stat. 725;
Pub. L. 96–470, title II, § 209(f), Oct. 19, 1980, 94 Stat. 2245;
Pub. L. 102–580, title V, § 510, Oct. 31, 1992, 106 Stat. 4870,
which required the Administrator of the Environmental Protection Agency to report annually to Congress on the administration of this subchapter, terminated, effective May 15, 2000, pursuant to section 3003 of
Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page
163 of House Document No. 103–7.

SUBCHAPTER II—RESEARCH
§ 1441. Monitoring and research program
The Secretary of Commerce, in coordination
with the Secretary of the Department in which

§ 1442

the Coast Guard is operating and with the Administrator shall, within six months of October
23, 1972, initiate a comprehensive and continuing
program of monitoring and research regarding
the effects of the dumping of material into
ocean waters or other coastal waters where the
tide ebbs and flows or into the Great Lakes or
their connecting waters.
(Pub. L. 92–532, title II, § 201, Oct. 23, 1972, 86
Stat. 1060; Pub. L. 99–272, title VI, § 6061, Apr. 7,
1986, 100 Stat. 131.)
Editorial Notes
AMENDMENTS
1986—Pub. L. 99–272 struck out provision which had
required the Secretary of Commerce to report from
time to time, not less frequently than annually, his
findings under this section (including an evaluation of
the short-term ecological effects and the social and
economic factors involved) to the Congress.
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 sections
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.

§ 1442. Research program respecting possible
long-range effects of pollution, overfishing,
and man-induced changes of ocean ecosystems
(a) Secretary of Commerce
(1) The Secretary of Commerce, in close consultation with other appropriate Federal departments, agencies, and instrumentalities shall,
within six months of October 23, 1972, initiate a
comprehensive and continuing program of research with respect to the possible long-range
effects of pollution, overfishing, and man-induced changes of ocean ecosystems. These responsibilities shall include the scientific assessment of damages to the natural resources from
spills of petroleum or petroleum products. In
carrying out such research, the Secretary of
Commerce shall take into account such factors
as existing and proposed international policies
affecting oceanic problems, economic considerations involved in both the protection and the
use of the oceans, possible alternatives to existing programs, and ways in which the health of
the oceans may best be preserved for the benefit
of succeeding generations of mankind.
(2) The Secretary of Commerce shall ensure
that the program under this section complements, when appropriate, the activities undertaken by other Federal agencies pursuant to
subchapter I and section 1443 of this title. That
program shall include but not be limited to—
(A) the development and assessment of scientific techniques to define and quantify the
degradation of the marine environment;
(B) the assessment of the capacity of the
marine environment to receive materials
without degradation;

§ 1443

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(C) continuing monitoring programs to assess the health of the marine environment, including but not limited to the monitoring of
bottom oxygen concentrations, contaminant
levels in biota, sediments, and the water column, diseases in fish and shellfish, and
changes in types and abundance of indicator
species;
(D) the development of methodologies, techniques, and equipment for disposal of waste
materials to minimize degradation of the marine environment.
(3) The Secretary of Commerce shall ensure
that the comprehensive and continuing research
program conducted under this subsection is consistent with the comprehensive plan for ocean
pollution research and development and monitoring prepared under section 1703 1 of this title.
(b) Action with other nations
In carrying out his responsibilities under this
section, the Secretary of Commerce, under the
foreign policy guidance of the President and
pursuant to international agreements and treaties made by the President with the advice and
consent of the Senate, may act alone or in conjunction with any other nation or group of nations, and shall make known the results of his
activities by such channels of communication as
may appear appropriate.
(c) Cooperation of other departments, agencies,
and independent instrumentalities
Each department, agency, and independent instrumentality of the Federal Government is authorized and directed to cooperate with the Secretary of Commerce in carrying out the purposes of this section and, to the extent permitted by law, to furnish such information as
may be requested.
(d) Utilization of personnel, services, and facilities; inter-agency agreements
The Secretary of Commerce, in carrying out
his responsibilities under this section, shall, to
the extent feasible utilize the personnel, services, and facilities of other Federal departments,
agencies, and instrumentalities (including those
of the Coast Guard for monitoring purposes),
and is authorized to enter into appropriate
inter-agency agreements to accomplish this action.
(Pub. L. 92–532, title II, § 202, Oct. 23, 1972, 86
Stat. 1060; Pub. L. 94–62, § 2, July 25, 1975, 89 Stat.
303; Pub. L. 96–381, § 3, Oct. 6, 1980, 94 Stat. 1524;
Pub. L. 96–470, title II, § 201(f), Oct. 19, 1980, 94
Stat. 2242; Pub. L. 99–272, title VI, § 6062, Apr. 7,
1986, 100 Stat. 131; Pub. L. 100–627, title I, § 101,
Nov. 7, 1988, 102 Stat. 3213.)
Editorial Notes
REFERENCES IN TEXT
Section 1703 of this title, referred to in subsec. (a)(3),
was repealed by Pub. L. 102–567, title II, § 204, Oct. 29,
1992, 106 Stat. 4282.
AMENDMENTS
1988—Subsec. (a)(3). Pub. L. 100–627 added par. (3).
1 See

References in Text note below.

Page 620

1986—Subsec. (a). Pub. L. 99–272, § 6062(1)–(3), designated existing provisions as par. (1), substituted ‘‘in
close consultation’’ for ‘‘in consultation’’, and added
par. (2).
Subsec. (c). Pub. L. 99–272, § 6062(4), redesignated subsec. (d) as (c), and struck out former subsec. (c) which
required the Secretary of Commerce to make an annual
report to Congress, in March of each year, on the results of activities undertaken by him pursuant to this
section during the previous fiscal year, and to include
in that report the report to Congress required by section 665 of title 16 on activities of the Department of
Commerce under that section.
Subsecs. (d), (e). Pub. L. 99–272, § 6062(4), redesignated
subsec. (e) as (d). Former subsec. (d) redesignated (c).
1980—Subsec. (a). Pub. L. 96–381 inserted provision including within the responsibilities of the Secretary the
scientific assessment of damages to natural resources
from spills of petroleum or petroleum products.
Subsec. (c). Pub. L. 96–470 inserted provision requiring the Secretary to include in his annual report the
report on activities of the Department of Commerce
under section 665 of title 16.
1975—Subsec. (c). Pub. L. 94–62 substituted ‘‘March’’
for ‘‘January’’.
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 sections
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.

§ 1443. Research program respecting ocean
dumping and other methods of waste disposal
(a) Cooperation with public authorities, agencies, and institutions, private agencies and
institutions, and individuals
The Administrator of the Environmental Protection Agency shall—
(1) conduct research, investigations, experiments, training, demonstrations, surveys, and
studies for the purpose of—
(A) determining means of minimizing or
ending, as soon as possible after October 6,
1980, the dumping into ocean waters, or waters described in section 1411(b) of this title,
of material which may unreasonably degrade
or endanger human health, welfare, or amenities, or the marine environment, ecological
systems, or economic potentialities, and
(B) developing disposal methods as alternatives to the dumping described in subparagraph (A); and
(2) encourage, cooperate with, promote the
coordination of, and render financial and other
assistance to appropriate public authorities,
agencies, and institutions (whether Federal,
State, interstate, or local) and appropriate
private agencies, institutions, and individuals
in the conduct of research and other activities
described in paragraph (1).
(b) Termination date for ocean dumping of sewage sludge not affected
Nothing in this section shall be construed to
affect in any way the December 31, 1981, termi-