33 Usc 1442

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[CITE: 33USC1442]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 27--OCEAN DUMPING

SUBCHAPTER II--RESEARCH

Sec. 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 of this chapter 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;
(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.
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\1\ See References in Text note below.
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(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, Sec. 202, Oct. 23, 1972, 86 Stat. 1060; Pub.
L. 94-62, Sec. 2, July 25, 1975, 89 Stat. 303; Pub. L. 96-381, Sec. 3,
Oct. 6, 1980, 94 Stat. 1524; Pub. L. 96-470, title II, Sec. 201(f), Oct.
19, 1980, 94 Stat. 2242; Pub. L. 99-272, title VI, Sec. 6062, Apr. 7,
1986, 100 Stat. 131; Pub. L. 100-627, title I, Sec. 101, Nov. 7, 1988,
102 Stat. 3213.)

References in Text

Section 1703 of this title, referred to in subsec. (a)(3), was
repealed by Pub. L. 102-567, title II, Sec. 204, Oct. 29, 1992, 106
Stat. 4282.

Amendments

1988--Subsec. (a)(3). Pub. L. 100-627 added par. (3).
1986--Subsec. (a). Pub. L. 99-272, Sec. 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, Sec. 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, Sec. 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''.

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.