View all text of Subchapter III [§ 2751 - § 2753]

§ 2752. Annual appropriations
(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 generalSubsection (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 CongressNot 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.

(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.)