(c) Advisory board
(1) In general
The policies of the Institute shall be determined by an advisory board, composed of 16 members appointed as follows:
(A) One representative appointed by each of the Commissioners of Fish and Game, Environmental Conservation, and Natural Resources of the State of Alaska, all of whom shall be State employees.
(B) One representative appointed by each of the Secretaries of Commerce and the Interior and the Commandant of the Coast Guard, who shall be Federal employees.
(C) Two representatives from the fishing industry appointed by the Governor of the State of Alaska from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill, who shall serve terms of 2 years each. Interested organizations from within the fishing industry may submit the names of qualified individuals for consideration by the Governor.
(D) Two Alaska Natives who represent Native entities affected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, appointed by the Governor of Alaska from a list of 4 qualified individuals submitted by the Alaska Federation of Natives, who shall serve terms of 2 years each.
(E) Two representatives from the oil and gas industry to be appointed by the Governor of the State of Alaska who shall serve terms of 2 years each. Interested organizations from within the oil and gas industry may submit the names of qualified individuals for consideration by the Governor.
(F) Two at-large representatives from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about the marine environment and wildlife within Prince William Sound, and who shall serve terms of 2 years each, appointed by the remaining members of the Advisory Board. Interested parties may submit the names of qualified individuals for consideration by the Advisory Board.
(G) One nonvoting representative of the Institute of Marine Science.
(H) One nonvoting representative appointed by the Prince William Sound Science and Technology Institute.
(2) Chairman
The representative of the Secretary of Commerce shall serve as Chairman of the Advisory Board.
(3) Policies
Policies determined by the Advisory Board under this subsection shall include policies for the conduct and support, through contracts and grants awarded on a nationally competitive basis, of research, projects, and studies to be supported by the Institute in accordance with the purposes of this section.
(4) Scientific review
The Advisory Board may request a scientific review of the research program every five years by the National Academy of Sciences which shall perform the review, if requested, as part of its responsibilities under section 2761(b)(2) of this title.
Amendments
2006—Subsec. (c)(1)(B). Pub. L. 109–241 substituted “Commerce and the Interior and the Commandant of the Coast Guard,” for “Commerce, the Interior, and Transportation,”.
2005—Subsec. (i). Pub. L. 109–58 substituted “1 year after the date on which the Secretary, in consultation with the Secretary of the Interior, determines that oil and gas exploration, development, and production in the State of Alaska have ceased” for “September 30, 2012”.
2002—Subsec. (i). Pub. L. 107–295 substituted “September 30, 2012” for “10 years after October 19, 1996”.
1996—Subsec. (a). Pub. L. 104–324, § 1102(a)(1), (2), struck out “to be administered by the Secretary of Commerce” after “as the ‘Institute’)” and substituted “located” for “and located”.
Subsec. (b)(2). Pub. L. 104–324, § 1102(a)(3), substituted “Arctic or Subarctic oil spills” for “the EXXON VALDEZ oil spill” in two places.
Subsec. (c)(1). Pub. L. 104–324, § 1102(a)(4), substituted “16” for “18” in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 104–324, § 1102(a)(5), substituted “, and Natural Resources” for “, Natural Resources, and Commerce and Economic Development”.
Subsec. (c)(1)(B). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (B) and struck out former subpar. (B) which read as follows: “One representative appointed by each of—
“(i) the Secretaries of Commerce, the Interior, Agriculture, Transportation, and the Navy; and
“(ii) the Administrator of the Environmental Protection Agency;
all of whom shall be Federal employees.”
Subsec. (c)(1)(C). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (C) and struck out former subpar. (C) which read as follows: “4 representatives appointed by the Secretary of Commerce from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about fisheries, other local industries, the marine environment, wildlife, public health, safety, or education. At least 2 of the representatives shall be appointed from among residents of communities located in Prince William Sound. The Secretary shall appoint residents to serve terms of 2 years each, from a list of 8 qualified individuals to be submitted by the Governor of the State of Alaska based on recommendations made by the governing body of each affected community. Each affected community may submit the names of 2 qualified individuals for the Governor’s consideration. No more than 5 of the 8 qualified persons recommended by the Governor shall be members of the same political party.”
Subsec. (c)(1)(D). Pub. L. 104–324, § 1102(a)(6), (8), added subpar. (D) and struck out former subpar. (D) which read as follows: “3 Alaska Natives who represent Native entities affected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, to serve terms of 2 years each from a list of 6 qualified individuals submitted by the Alaska Federation of Natives.”
Subsec. (c)(1)(E) to (H). Pub. L. 104–324, § 1102(a)(7), (8), added subpars. (E) and (F) and redesignated former subpars. (E) and (F) as (G) and (H), respectively.
Subsec. (c)(4). Pub. L. 104–324, § 1102(a)(9), added par. (4).
Subsec. (d)(2). Pub. L. 104–324, § 1102(a)(10), substituted “Arctic or Subarctic oil spills” for “the EXXON VALDEZ oil spill”.
Subsec. (e). Pub. L. 104–324, § 1102(a)(11)–(13), substituted “appointed by the Advisory Board” for “appointed by the Secretary of Commerce”, struck out “, the Advisory Board,” after “Technology Institute”, and substituted “Advisory Board’s” for “Secretary’s”.
Subsec. (i). Pub. L. 104–324, § 1102(a)(14), (15), inserted “authorization in section 2736(b) of this title providing funding for the” after “The” and substituted “October 19, 1996” for “August 18, 1990”.
Subsec. (j). Pub. L. 104–324, § 1102(a)(16), (17), struck out first sentence which read as follows: “All funds authorized for the Institute shall be provided through the National Oceanic and Atmospheric Administration.”, and inserted “The Advisory Board may compensate its Federal representatives for their reasonable travel costs.” after “Institute.”
Termination of Advisory Boards
Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.