33 USC 1321b - Improved coordination with tribal governments

U.S Code last checked for updates: Nov 25, 2024

§ 1321b.

Improved coordination with tribal governments

(a)

In general

(b)

Inclusion of tribal government

The Secretary of the Department in which the Coast Guard is operating shall ensure that, as soon as practicable after identifying an oil spill that is likely to have a significant impact on natural or cultural resources owned or directly utilized by a federally recognized Indian tribe, the Coast Guard will—

(1)

ensure that representatives of the tribal government of the affected tribes are included as part of the incident command system established by the Coast Guard to respond to the spill;

(2)

share information about the oil spill with the tribal government of the affected tribe; and

(3)

to the extent practicable, involve tribal governments in deciding how to respond to the spill.

(c)

Cooperative arrangements

(1)

arrangements for the assistance of the tribal government to participate in the development of the National Contingency Plan and local Area Contingency Plans to the extent they affect tribal lands, cultural and natural resources;

(2)

arrangements for the assistance of the tribal government to develop the capacity to implement the National Contingency Plan and local Area Contingency Plans to the extent they affect tribal lands, cultural and natural resources;

(3)

provisions on coordination in the event of a spill, including agreements that representatives of the tribal government will be included as part of the regional response team co-chaired by the Coast Guard and the Environmental Protection Agency to establish policies for responding to oil spills;

(4)

arrangements for the Coast Guard to provide training of tribal incident commanders and spill responders for oil spill preparedness and response;

(5)

demonstration projects to assist tribal governments in building the capacity to protect tribal treaty rights and trust assets from oil spills; and

(6)

such additional measures the Coast Guard determines to be necessary for oil pollution prevention, preparedness, and response.

(d)

Funding for tribal participation

(Pub. L. 111–281, title VII, § 706, Oct. 15, 2010, 124 Stat. 2983.)

cite as: 33 USC 1321b