US (United States) Code. Title 43. Chapter 36: Outer continental shelf resource management

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 40 páginas
publicidad

-CITE-

43 USC CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE

MANAGEMENT 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

-HEAD-

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

-MISC1-

Sec.

1801. Congressional findings.

1802. Congressional declaration of purposes.

SUBCHAPTER I - OFFSHORE OIL SPILL POLLUTION FUND

1811 to 1824. Repealed.

SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

1841. Definitions.

1842. Fishermen's Contingency Fund.

(a) Establishment; availability; source of

deposits; limitation on amount;

interest-bearing accounts; litigation.

(b) Payments by each holder of lease, permit,

easement, or right-of-way.

1843. Duties and powers of Secretary.

(a) Prescription and amendment of regulations

respecting settlement of claims;

identification classification of potential

hazards to commercial fishing.

(b) Establishment of regulations respecting color

coding, stamping, or labeling of equipment,

tools, etc., used on Outer Continental Shelf.

(c) Disbursement of payments to compensate

commercial fishermen; restrictions.

1844. Burden of proof.

1845. Claims procedure.

(a) Filing requirement; time to file.

(b) Transmittal of copy of claim to Secretary of

the Interior; reference to Secretary.

(c) Notification to persons engaged in activities

associated with Outer Continental Shelf energy

activities; response of persons notified;

submittal of evidence.

(d) Acceptance of claim by Secretary; time to

render decision; review of initial

determination.

(e) Claim preparation fees; attorney's fees.

(f) Powers of Secretary.

(g) Place of proceeding.

(h) Certification and disbursement of award;

subrogation of rights; payment of costs of

proceedings.

(i) Judicial review.

1846, 1847. Repealed.

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

1861. Repealed.

1862. Natural gas distribution.

(a) Expanded participation by local distribution

companies in acquisition of leases and

development of natural gas resources.

(b) Application and issuance of certificates of

public convenience and necessity for

transportation of natural gas.

(c) Definitions.

1863. Unlawful employment practices; regulations.

1864. Disclosure of financial interests by officers and

employees of Department of the Interior.

(a) Annual written statement.

(b) "Known financial interest" defined;

enforcement; report to Congress.

(c) Officers and employees in nonregulatory or

nonpolicymaking positions.

(d) Penalties.

1865. Investigation of reserves of oil and gas in Outer

Continental Shelf.

1866. Relationship to existing law.

-End-

-CITE-

43 USC Sec. 1801 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

-HEAD-

Sec. 1801. Congressional findings

-STATUTE-

The Congress finds and declares that -

(1) the demand for energy in the United States is increasing

and will continue to increase for the foreseeable future;

(2) domestic production of oil and gas has declined in recent

years;

(3) the United States has become increasingly dependent upon

imports of oil from foreign nations to meet domestic energy

demand;

(4) increasing reliance on imported oil is not inevitable, but

is rather subject to significant reduction by increasing the

development of domestic sources of energy supply;

(5) consumption of natural gas in the United States has greatly

exceeded additions to domestic reserves in recent years;

(6) technology is or can be made available which will allow

significantly increased domestic production of oil and gas

without undue harm or damage to the environment;

(7) the Outer Continental Shelf contains significant quantities

of oil and natural gas and is a vital national resource reserve

which must be carefully managed so as to realize fair value, to

preserve and maintain competition, and to reflect the public

interest;

(8) there presently exists a variety of technological,

economic, environmental, administrative, and legal problems which

tend to retard the development of the oil and natural gas

reserves of the Outer Continental Shelf;

(9) environmental and safety regulations relating to activities

on the Outer Continental Shelf should be reviewed in light of

current technology and information;

(10) the development, processing, and distribution of the oil

and gas resources of the Outer Continental Shelf, and the siting

of related energy facilities, may cause adverse impacts on

various States and local governments;

(11) policies, plans, and programs developed by States and

local governments in response to activities on the Outer

Continental Shelf cannot anticipate and ameliorate such adverse

impacts unless such States, working in close cooperation with

affected local governments, are provided with timely access to

information regarding activities on the Outer Continental Shelf

and an opportunity to review and comment on decisions relating to

such activities;

(12) funds must be made available to pay for the prompt removal

of any oil spilled or discharged as a result of activities on the

Outer Continental Shelf and for any damages to public or private

interests caused by such spills or discharges;

(13) because of the possible conflicts between exploitation of

the oil and gas resources in the Outer Continental Shelf and

other uses of the marine environment, including fish and

shellfish growth and recovery, and recreational activity, the

Federal Government must assume responsibility for the

minimization or elimination of any conflict associated with such

exploitation;

(14) the oil and gas resources of the Outer Continental Shelf

are limited, nonrenewable resources which must be developed in a

manner which takes into consideration the Nation's long-range

energy needs and also assures adequate protection of the

renewable resources of the Outer Continental Shelf which are a

continuing and increasingly important source of food and protein

to the Nation and the world; and

(15) funds must be made available to pay for damage to

commercial fishing vessels and gear resulting from activities

involving oil and gas exploration, development, and production on

the Outer Continental Shelf.

-SOURCE-

(Pub. L. 95-372, title I, Sec. 101, Sept. 18, 1978, 92 Stat. 630.)

-MISC1-

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-610, title I, Sec. 1, Nov. 5, 1988, 102 Stat. 3176,

provided that: "This Act [probably should be 'This title', which

amended section 1815 of this title] may be cited as the 'Outer

Continental Shelf Operations Indemnification Clarification Act of

1988'."

SHORT TITLE

Section 1 of Pub. L. 95-372 provided: "That this Act [enacting

this chapter, sections 1344 to 1356 of this title, and section 237

of Title 30, Mineral Lands and Mining, amending sections 1331 to

1334, 1337, 1340, and 1343 of this title, sections 1456, 1456a, and

1464 of Title 16, Conservation, and section 6213 of Title 42, The

Public Health and Welfare, and enacting provisions set out as notes

under sections 1348 and 1811 of this title] may be cited as the

'Outer Continental Shelf Lands Act Amendments of 1978'."

-End-

-CITE-

43 USC Sec. 1802 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

-HEAD-

Sec. 1802. Congressional declaration of purposes

-STATUTE-

The purposes of this chapter are to -

(1) establish policies and procedures for managing the oil and

natural gas resources of the Outer Continental Shelf which are

intended to result in expedited exploration and development of

the Outer Continental Shelf in order to achieve national economic

and energy policy goals, assure national security, reduce

dependence on foreign sources, and maintain a favorable balance

of payments in world trade;

(2) preserve, protect, and develop oil and natural gas

resources in the Outer Continental Shelf in a manner which is

consistent with the need (A) to make such resources available to

meet the Nation's energy needs as rapidly as possible, (B) to

balance orderly energy resource development with protection of

the human, marine, and coastal environments, (C) to insure the

public a fair and equitable return on the resources of the Outer

Continental Shelf, and (D) to preserve and maintain free

enterprise competition;

(3) encourage development of new and improved technology for

energy resource production which will eliminate or minimize risk

of damage to the human, marine, and coastal environments;

(4) provide States, and through States, local governments,

which are impacted by Outer Continental Shelf oil and gas

exploration, development, and production with comprehensive

assistance in order to anticipate and plan for such impact, and

thereby to assure adequate protection of the human environment;

(5) assure that States, and through States, local governments,

have timely access to information regarding activities on the

Outer Continental Shelf, and opportunity to review and comment on

decisions relating to such activities, in order to anticipate,

ameliorate, and plan for the impacts of such activities;

(6) assure that States, and through States, local governments,

which are directly affected by exploration, development, and

production of oil and natural gas are provided an opportunity to

participate in policy and planning decisions relating to

management of the resources of the Outer Continental Shelf;

(7) minimize or eliminate conflicts between the exploration,

development, and production of oil and natural gas, and the

recovery of other resources such as fish and shellfish;

(8) establish an oilspill liability fund to pay for the prompt

removal of any oil spilled or discharged as a result of

activities on the Outer Continental Shelf and for any damages to

public or private interests caused by such spills or discharges;

(9) insure that the extent of oil and natural gas resources of

the Outer Continental Shelf is assessed at the earliest

practicable time; and

(10) establish a fishermen's contingency fund to pay for

damages to commercial fishing vessels and gear due to Outer

Continental Shelf activities.

-SOURCE-

(Pub. L. 95-372, title I, Sec. 102, Sept. 18, 1978, 92 Stat. 631.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in opening provision, was in the

original "this Act", meaning Pub. L. 95-372, Sept. 18, 1978, 92

Stat. 629, known as the Outer Continental Shelf Lands Act

Amendments of 1978, which enacted this chapter, sections 1344 to

1356 of this title, and section 237 of Title 30, Mineral Lands and

Mining, amended sections 1331 to 1334, 1337, 1340, and 1343 of this

title, sections 1456, 1456a, and 1464 of Title 16, Conservation,

and section 6213 of Title 42, The Public Health and Welfare, and

enacted provisions set out as notes under sections 1348 and 1811 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1801 of this title and

Tables.

-End-

-CITE-

43 USC SUBCHAPTER I - OFFSHORE OIL SPILL POLLUTION FUND 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER I - OFFSHORE OIL SPILL POLLUTION FUND

-HEAD-

SUBCHAPTER I - OFFSHORE OIL SPILL POLLUTION FUND

-End-

-CITE-

43 USC Secs. 1811 to 1824 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER I - OFFSHORE OIL SPILL POLLUTION FUND

-HEAD-

Secs. 1811 to 1824. Repealed. Pub. L. 101-380, title II, Sec. 2004,

Aug. 18, 1990, 104 Stat. 507

-MISC1-

Section 1811, Pub. L. 95-372, title III, Sec. 301, Sept. 18,

1978, 92 Stat. 670, defined terms used in this subchapter.

Section 1812, Pub. L. 95-372, title III, Sec. 302, Sept. 18,

1978, 92 Stat. 672; Pub. L. 101-239, title IX, Sec. 9001(a), Dec.

19, 1989, 103 Stat. 2470, established Offshore Oil Pollution

Compensation Fund.

Section 1813, Pub. L. 95-372, title III, Sec. 303, Sept. 18,

1978, 92 Stat. 674, provided for asserting claims for economic loss

from oil pollution.

Section 1814, Pub. L. 95-372, title III, Sec. 304, Sept. 18,

1978, 92 Stat. 675, set scope of liability of owners and operators

of vessels and offshore facilities.

Section 1815, Pub. L. 95-372, title III, Sec. 305, Sept. 18,

1978, 92 Stat. 677; Pub. L. 100-610, title I, Secs. 2, 3, Nov. 5,

1988, 102 Stat. 3176, required owners and operators of offshore

facilities and vessels using offshore facilities to provide

evidence of financial responsibility to cover liability for oil

pollution.

Section 1816, Pub. L. 95-372, title III, Sec. 306, Sept. 18,

1978, 92 Stat. 678, provided for notification, designation, and

advertisement of incidents involving vessels or offshore

facilities.

Section 1817, Pub. L. 95-372, title III, Sec. 307, Sept. 18,

1978, 92 Stat. 679, related to presentment of claims to owners,

operators, guarantors, or Offshore Oil Pollution Compensation Fund.

Section 1818, Pub. L. 95-372, title III, Sec. 308, Sept. 18,

1978, 92 Stat. 682, provided for subrogation of any person or

governmental entity which paid compensation for an economic loss to

all rights, claims, and causes of action which claimant had under

this subchapter.

Section 1819, Pub. L. 95-372, title III, Sec. 309, Sept. 18,

1978, 92 Stat. 683, provided for jurisdiction and venue of

controversies arising under this subchapter.

Section 1820, Pub. L. 95-372, title III, Sec. 310, Sept. 18,

1978, 92 Stat. 684, outlined relationship of this subchapter to

other State or Federal laws.

Section 1821, Pub. L. 95-372, title III, Sec. 311, Sept. 18,

1978, 92 Stat. 684, prohibited harmful discharge of oil from any

offshore facility or vessel.

Section 1822, Pub. L. 95-372, title III, Sec. 312, Sept. 18,

1978, 92 Stat. 684, set civil and criminal penalties for violations

of provisions of this subchapter.

Section 1823, Pub. L. 95-372, title III, Sec. 313, Sept. 18,

1978, 92 Stat. 685, authorized appropriations for administration of

this subchapter.

Section 1824, Pub. L. 95-372, title III, Sec. 314, Sept. 18,

1978, 92 Stat. 685, directed Secretary of Transportation to submit

report annually to Congress on operation of this subchapter.

EFFECTIVE DATE OF REPEAL

Repeal applicable to incidents occurring after Aug. 18, 1990, see

section 1020 of Pub. L. 101-380, set out as an Effective Date note

under section 2701 of Title 33, Navigation and Navigable Waters.

EFFECTIVE DATE

Pub. L. 95-372, title III, Sec. 315, Sept. 18, 1978, 92 Stat.

685, which provided that such section, section 1814(e) of this

title, section 1815(d) of this title, and all provisions of this

subchapter authorizing the delegation of authority or the

promulgation of regulations were to be effective Sept. 18, 1978,

and that all other provisions of this subchapter, and rules and

regulations promulgated pursuant to such provisions, were to be

effective on the one hundred and eightieth day after Sept. 18,

1978, was repealed by Pub. L. 101-380, title II, Sec. 2004, Aug.

18, 1990, 104 Stat. 507.

OFFSHORE OIL POLLUTION COMPENSATION FUND

Amounts remaining in the Offshore Oil Pollution Compensation Fund

established under former section 1812 of this title to be deposited

in the Oil Spill Liability Trust Fund established under section

9509 of Title 26, Internal Revenue Code, with that Fund to assume

all liability incurred by the Offshore Oil Pollution Compensation

Fund, see section 2004 of Pub. L. 101-380, set out as a note under

section 9509 of Title 26.

-End-

-CITE-

43 USC SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-

SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-End-

-CITE-

43 USC Sec. 1841 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-

Sec. 1841. Definitions

-STATUTE-

As used in this subchapter, the term -

(1) "area affected by Outer Continental Shelf activities" means

any geographic area:

(A) which is under oil or gas lease on the Outer Continental

Shelf;

(B) where Outer Continental Shelf exploration, development or

production activities have been permitted, except geophysical

activities;

(C) where pipeline rights-of-way have been granted; or

(D) otherwise impacted by such activities including but not

limited to expired lease areas, relinquished rights-of-way and

easements, Outer Continental Shelf supply vessel routes, or

other areas as determined by the Secretary;

(2) "citizen of the United States" means any person who is a

United States citizen by law, birth, or naturalization, any

State, any agency of a State, or a group of States, or any

corporation, partnership, or association organized under the laws

of any State which has as its president or other chief executive

officer and as its chairman of the board of directors, or holder

of a similar office, a person who is a United States citizen by

law, birth, or naturalization, and which has at least 75 per

centum of the interest of (!1) therein owned by citizens of the

United States. Seventy-five per centum of the interest in the

corporation shall not be deemed to be owned by citizens of the

United States -

(A) if the title to 75 per centum of its stock is not vested

in such citizens free from any trust or fiduciary obligation in

favor of any person not a citizen of the United States;

(B) if 75 per centum of the voting power in such corporation

is not vested in citizens of the United States;

(C) if through any contract or understanding it is so

arranged that more than 25 per centum of the voting power may

be exercised, directly or indirectly, in behalf of any person

who is not a citizen of the United States; or

(D) if by any other means whatsoever control of any interest

in the corporation in excess of 25 per centum is conferred upon

or permitted to be exercised by any person who is not a citizen

of the United States;

(3) "commercial fisherman" means any citizen of the United

States who owns, operates, or derives income from being employed

on a commercial fishing vessel;

(4) "commercial fishing vessel" means any vessel, boat, ship,

or other craft which is (A) documented under the laws of the

United States or, if under five net tons, registered under the

laws of any State, and (B) used for, equipped to be used for, or

of a type which is normally used for commercial purposes for the

catching, taking, or harvesting of fish or the aiding or

assisting of any activity related to the catching, taking, or

harvesting of fish, including, but not limited to, preparation,

supply, storage, refrigeration, transportation, or processing;

(5) "fish" means finfish, mollusks, crustaceans, and all other

forms of marine animal and plant life other than marine mammals,

birds, and highly migratory species;

(6) "fishing gear" means (A) any commercial fishing vessel, and

(B) any equipment of such vessel, whether or not attached to such

a vessel;

(7) "Fund" means the Fishermen's Contingency Fund established

under section 1842 of this title; and

(8) "Secretary" means the Secretary of Commerce or the designee

of such Secretary.

-SOURCE-

(Pub. L. 95-372, title IV, Sec. 401, Sept. 18, 1978, 92 Stat. 685;

Pub. L. 97-212, Secs. 1, 8, June 30, 1982, 96 Stat. 143, 147.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-212 added par. (1), redesignated former pars.

(1) to (7) as (2) to (8), respectively, and struck out "at sea"

after "the aiding or assisting" in par. (4)(B) as redesignated.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 9 of Pub. L. 97-212 provided that:

"(a) Except as provided for in subsection (b), the amendments

made by this Act [amending this section and sections 1842 to 1845

of this title, repealing section 1847 of this title, enacting a

provision set out as a note under section 1823 of Title 16,

Conservation, and amending a provision set out as a note under

section 1823 of Title 16] shall apply with respect to claims for

damages that are filed, on or after the date of the enactment of

this Act [June 30, 1982], with the Secretary of Commerce under

section 405(a) of the Outer Continental Shelf Lands Act Amendments

of 1978 [section 1845(a) of this title].

"(b)(1) Any commercial fisherman who filed a claim with the

Secretary of Commerce for compensation under title IV of such

amendments of 1978 [this subchapter] before the date of the

enactment of this Act [June 30, 1982] may, if no decision on such

claim was rendered under section 405(d) of such title IV [section

1845(d) of this title] before such date of enactment [June 30,

1982], refile such claim with the Secretary if the claimant

notifies the Secretary in writing within thirty days after

notification under paragraph (2) of his eligibility to refile the

claim that he intends to so refile. If timely notification of

intent to refile is made under the preceding sentence, any action

pending with respect to the original claim shall be suspended

pending the refiling of the claim under paragraph (2) and, if such

refiling is timely made, such action shall be vacated.

"(2) The Secretary shall notify each claimant eligible to refile

a claim under paragraph (1) of such eligibility within 10 days

after the date of enactment of this Act [June 30, 1982].

"(3) A claim for which notification on intent to refile was

timely made under paragraph (1) must be refiled with the Secretary

within the thirty-day period after the date on which the

regulations promulgated to implement the amendments made by this

Act become final or action shall be resumed with respect to such

claim without regard to the amendments made by this Act.

"(4) The amendments made by this Act shall apply with respect to

any claim that is refiled on a timely basis under paragraph (3)."

-FOOTNOTE-

(!1) So in original. The "of" is probably unnecessary.

-End-

-CITE-

43 USC Sec. 1842 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-

Sec. 1842. Fishermen's Contingency Fund

-STATUTE-

(a) Establishment; availability; source of deposits; limitation on

amount; interest-bearing accounts; litigation

(1) There is established in the Treasury of the United States a

Fishermen's Contingency Fund. The Fund shall be available to the

Secretary without fiscal year limitations as a revolving fund for

the purpose of making payments pursuant to this section. The Fund

shall consist of -

(A) revenues received from investments made under paragraph

(3);

(B) amounts collected under subsection (b) of this section; and

(C) amounts recovered by the Secretary under section 1845(h)(2)

of this title.

The total amount in the Fund that is collected under subsection (b)

of this section may at no time exceed $2,000,000; and the total

amount in the Fund which is attributable to revenue received under

paragraph (3) or recovered by the Secretary under section

1845(h)(2) of this title shall be expended prior to amounts

collected under subsection (b) of this section. Not more than 8

percent of the total amount in the Fund may be expended in any

fiscal year for paying the administrative and personnel expenses

referred to in paragraph (2)(A).

(2) The Fund shall be available, as provided for in appropriation

Acts solely for the payment of -

(A) the personnel and administrative expenses incurred in

carrying out this subchapter;

(B) any claim, in accordance with procedures established under

this section, for damages that are compensable under this

subchapter; and

(C) attorney and other fees awarded under section 1845(e) of

this title with respect to any such claim.

(3) Sums in the Fund that are not currently needed for the

purposes of the Fund shall be kept on deposit in appropriate

interest-bearing accounts that shall be established by the

Secretary of the Treasury or invested in obligations of, or

guaranteed by, the United States. Any revenue accruing from such

deposits and investments shall be deposited into the Fund.

(4) The Fund may sue and be sued in its own name. All litigation

by or against the Fund shall be referred to the Attorney General.

(b) Payments by each holder of lease, permit, easement, or

right-of-way

(1) Except as provided in paragraph (2), each holder of a lease

that is issued or maintained under the Outer Continental Shelf

Lands Act [43 U.S.C. 1331 et seq.] and each holder of an

exploration permit, or an easement or right-of-way for the

construction of a pipeline in any area of the Outer Continental

Shelf, shall pay an amount specified by the Secretary. The

Secretary of the Interior shall collect such amount and deposit it

into the Fund. In any calendar year, no holder of a lease, permit,

easement, or right-of-way shall be required to pay an amount in

excess of $5,000 per lease, permit, easement, or right-of-way.

(2) Payments may not be required under paragraph (1) by the

Secretary of the Interior with respect to geological permits and

geophysical permits, other than prelease exploratory drilling

permits issued under section 11 of the Outer Continental Shelf

Lands Act (43 U.S.C. 1340).

-SOURCE-

(Pub. L. 95-372, title IV, Sec. 402, Sept. 18, 1978, 92 Stat. 686;

Pub. L. 97-212, Sec. 2, June 30, 1982, 96 Stat. 143.)

-REFTEXT-

REFERENCES IN TEXT

The Outer Continental Shelf Lands Act, referred to in subsec.

(b)(1), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended,

which is classified generally to subchapter III (Sec. 1331 et seq.)

of chapter 29 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 1331 of

this title and Tables.

-MISC1-

AMENDMENTS

1982 - Subsec. (a). Pub. L. 97-212 redesignated subsec. (a) as

subsec. (a)(1) and substituted provisions relating to the source of

funds, that the total amount of the Fund would not exceed

$2,000,000, that the total amount in the Fund which is attributable

to revenue received under par. (3) as amended or recovered by the

Secretary under section 1845(h)(2) of this title be expended prior

to amounts collected under subsec. (b) as amended, and that not

more than 8 percent of the total amount in the Fund be expended in

any fiscal year for the paying of administrative and personnel

expenses, for provisions that the amounts paid pursuant to former

subsecs. (c) and (d) of this section be deposited in the Fund, and

that the total amount in the Fund not exceed $1,000,000,

redesignated as subsec. (a)(2) former subsec. (e), and struck out

provision that the amounts disbursed for administrative or

personnel expenses not exceed 15 percent of the amounts deposited

in a revolving account for that fiscal year, added as subsec.

(a)(3) provisions that the sums of the Fund be kept on deposit in

interest-bearing accounts, and added as subsec. (a)(4) provision

that all litigation be referred to the Attorney General.

Subsec. (b). Pub. L. 97-212 redesignated as subsec. (b)(1)

provisions of former subsec. (c) and added as subsec. (b)(2)

provision that payments not be required under par. (1) by the

Secretary of the Interior with respect to geological and

geophysical permits other than prelease exploratory drilling

permits issued under section 1340 of this title. Former subsec. (b)

relating to the establishment and maintenance of an area account

within the Fund was struck out.

Subsec. (c). Pub. L. 97-212 redesignated subsec. (c) as (b)(1).

Subsec. (d). Pub. L. 97-212 struck out subsec. (d) which related

to level of area account funds.

Subsec. (e). Pub. L. 97-212 redesignated subsec. (e) as (a)(2).

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-212 applicable with respect to claims for

damages filed on or after June 30, 1982, with the Secretary of

Commerce under section 1845(a) of this title, with provision for

the refiling of previously filed claims under certain

circumstances, see section 9 of Pub. L. 97-212, set out as a note

under section 1841 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1841 of this title.

-End-

-CITE-

43 USC Sec. 1843 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-

Sec. 1843. Duties and powers of Secretary

-STATUTE-

(a) Prescription and amendment of regulations respecting settlement

of claims; identification classification of potential hazards to

commercial fishing

In carrying out the provisions of this subchapter, the Secretary

shall -

(1) prescribe, and from time to time amend, regulations for the

filing, processing, and fair and expeditious settlement of claims

pursuant to this subchapter, including a time limitation of not

less than 90 days on the filing of such claims (except that,

notwithstanding any other provision of law, final regulations

implementing the 1981 amendments to this subchapter shall be

published in the Federal Register within 120 days after the date

of the enactment of such amendments); and

(2) identify and classify all potential hazards to commercial

fishing caused by Outer Continental Shelf oil and gas

exploration, development, and production activities, including

all obstructions on the bottom, throughout the water column, and

on the surface.

(b) Establishment of regulations respecting color coding, stamping,

or labeling of equipment, tools, etc., used on Outer Continental

Shelf

The Secretary of the Interior shall establish regulations

requiring all materials, equipment, tools, containers, and all

other items used on the Outer Continental Shelf to be properly

color coded, stamped, or labeled, wherever practicable, with the

owner's identification prior to actual use.

(c) Disbursement of payments to compensate commercial fishermen;

restrictions

(1) Payments shall be disbursed by the Secretary from the Fund to

compensate commercial fishermen for actual and consequential

damages, including resulting economic loss, due to damages to, or

loss of, fishing gear by materials, equipment, tools, containers,

or other items associated with Outer Continental Shelf oil and gas

exploration, development, or production activities. The

compensation payable under this section for resulting economic loss

shall be an amount equal to 50 per centum of such loss. For

purposes of this subsection, the term "resulting economic loss"

means the gross income, as estimated by the Secretary, that a

commercial fisherman who is eligible for compensation under this

section will lose by reason of not being able to engage in fishing,

or having to reduce his fishing effort, during the period before

the damaged or lost fishing gear concerned is repaired or replaced

and available for use.

(2) Notwithstanding the provisions of paragraph (1) of this

subsection, no payment may be made by the Secretary from the Fund -

(A) to the extent that damages were caused by the negligence or

fault of the commercial fisherman making the claim;

(B) if the damage set forth in the claim was sustained prior to

September 18, 1978;

(C) in the case of a claim for damage to, or loss of, fishing

gear, in an amount in excess of the replacement value of the

fishing gear with respect to which the claim is filed; and

(D) for any portion of the damages claimed with respect to

which the claimant has received, or will receive, compensation

from insurance.

-SOURCE-

(Pub. L. 95-372, title IV, Sec. 403, Sept. 18, 1978, 92 Stat. 687;

Pub. L. 96-561, title II, Sec. 240(b)(2), Dec. 22, 1980, 94 Stat.

3301; Pub. L. 97-212, Secs. 3, 7, June 30, 1982, 96 Stat. 144, 147;

Pub. L. 98-498, title IV, Sec. 420(1), (2), Oct. 19, 1984, 98 Stat.

2309.)

-REFTEXT-

REFERENCES IN TEXT

The 1981 amendments to this subchapter, referred to in subsec.

(a)(1), probably means the amendments made to this subchapter in

1982 by Pub. L. 97-212, which amended sections 1841 to 1845 of this

title, repealed section 1847 of this title, and enacted a provision

set out as a note under section 1841 of this title. Pub. L. 97-212

also enacted a provision set out as a note under section 1823 of

Title 16, Conservation, and amended a provision set out as a note

under section 1823 of Title 16.

The date of enactment of such amendments, referred to in subsec.

(a)(1), probably means the date of enactment of Pub. L. 97-212,

which was approved June 30, 1962.

-MISC1-

AMENDMENTS

1984 - Subsec. (a)(1). Pub. L. 98-498 substituted "limitation of

not less than 90 days on" for "limitation on".

Subsec. (c)(1). Pub. L. 98-498 substituted "50 percent" for "25

per centum".

1982 - Subsec. (a)(1). Pub. L. 97-212, Sec. 7, substituted

"claims (except that, notwithstanding any other provision of law,

final regulations implementing the 1981 amendments to this

subchapter shall be published in the Federal Register within 120

days after the date of the enactment of such amendments); and" for

"claims; and".

Subsec. (c)(1). Pub. L. 97-212, Sec. 3(1), substituted "Fund" for

"appropriate area account" and "resulting economic loss" for "loss

of profits", inserted "Outer Continental Shelf" after "items

associated with", struck out "in such area, whether or not such

damage occurred in such area" after "production activities", and

inserted provisions that compensation payable under this section

for resulting economic loss be an amount equal to 25 per centum of

such loss and provision defining "resulting economic loss" for

purposes of subsec. (c).

Subsec. (c)(2). Pub. L. 97-212, Sec. 3(2), substituted "the Fund"

for "any area account established under this subchapter" in

provisions preceding subpar. (A), struck out subpars. (A) and (E)

which related, respectively, to damage caused by materials,

equipment, tools, containers, or other items attributable to a

financially responsible party and the party admitted responsibility

and to loss of profits for any period in excess of 6 months unless

such claim was supported by records with respect to the claimant's

profits during the previous 12-month period, redesignated subpars.

(B), (C), and (D) as (A), (B), and (C) respectively, redesignated

subpar. (F) as (D), and in subpar. (D) as so redesignated,

substituted "received, or will receive," for "or will receive".

1980 - Subsec. (c)(2)(A). Pub. L. 96-561 inserted reference to

party admitting responsibility.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-212 applicable with respect to claims for

damages filed on or after June 30, 1982, with the Secretary of

Commerce under section 1845(a) of this title, with provision for

the refiling of previously filed claims under certain

circumstances, see section 9 of Pub. L. 97-212, set out as a note

under section 1841 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1845 of this title.

-End-

-CITE-

43 USC Sec. 1844 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-

Sec. 1844. Burden of proof

-STATUTE-

With respect to any claim for damages filed under this

subchapter, there shall be a presumption that such damages were due

to activities related to oil and gas exploration, development, or

production if the claimant establishes that -

(1) the commercial fishing vessel was being used for fishing

and was located in an area affected by Outer Continental Shelf

activities;

(2) a report on the location of the material, equipment, tool,

container, or other item which caused such damages and the nature

of such damages was made within fifteen days after the date on

which the vessel first returns to a port after discovering such

damages;

(3) there was no record on the latest nautical charts or Notice

to Mariners in effect at least 15 days prior to the date such

damages were sustained that such material, equipment, tool,

container, or other item existed where such damages occurred,

except that in the case of damages caused by a pipeline, the

presumption established by this section shall obtain whether or

not there was any such record of the pipeline on the damage date;

and

(4) there was no proper surface marker or lighted buoy which

was attached or closely anchored to such material, equipment,

tool, container, or other item.

-SOURCE-

(Pub. L. 95-372, title IV, Sec. 404, Sept. 18, 1978, 92 Stat. 688;

Pub. L. 97-212, Sec. 4, June 30, 1982, 96 Stat. 145.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-212, Sec. 4(1), substituted "under this

subchapter" for "pursuant to this subchapter" and "damages were due

to activities related to oil and gas exploration, development, or

production" for "claim is valid" in provisions preceding par. (1).

Par. (2). Pub. L. 97-212, Sec. 4(2), substituted "fifteen days

after the date on which the vessel first returns to a port after

discovering such damages" for "five days after the date on which

such damages were discovered".

Par. (3). Pub. L. 97-212, Sec. 4(3), inserted "the latest" after

"no record on", struck out "the" before "Notice to Mariners", and

substituted "in effect at least 15 days prior to the date" for "on

the date" and "where such damages occurred, except that in the case

of damages caused by a pipeline, the presumption established by

this section shall obtain whether or not there was any such record

of the pipeline on the damage date" for "in such area".

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-212 applicable with respect to claims for

damages filed on or after June 30, 1982, with the Secretary of

Commerce under section 1845(a) of this title, with provision for

the refiling of previously filed claims under certain

circumstances, see section 9 of Pub. L. 97-212, set out as a note

under section 1841 of this title.

-End-

-CITE-

43 USC Sec. 1845 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-

Sec. 1845. Claims procedure

-STATUTE-

(a) Filing requirement; time to file

Any commercial fisherman suffering damages compensable under this

subchapter may file a claim for compensation with the Secretary

under subsection (d)(1) of this section.

(b) Transmittal of copy of claim to Secretary of the Interior;

reference to Secretary

Upon receipt of any claim under this section, the Secretary shall

transmit a copy of the claim to the Secretary of the Interior and

shall take such further action regarding the claim that is required

under subsection (d) of this section.

(c) Notification to persons engaged in activities associated with

Outer Continental Shelf energy activities; response of persons

notified; submittal of evidence

The Secretary of the Interior shall make reasonable efforts to

notify all persons known to have engaged in activities associated

with Outer Continental Shelf energy activity in the vicinity. Each

such person shall promptly notify the Secretary and the Secretary

of the Interior as to whether he admits or denies responsibility

for the damages claimed. Any such person, including lessees or

permittees or their contractors or subcontractors, may submit

evidence at any proceeding conducted with respect to such claim.

(d) Acceptance of claim by Secretary; time to render decision;

review of initial determination

(1) The Secretary shall, under regulations prescribed pursuant to

section 1843(a) of this title, specify the time, form and manner in

which claims must be filed.

(2) The Secretary may not accept any claim that does not meet the

filing requirements specified under paragraph (1), and shall give a

claimant whose claim is not accepted written notice of the reasons

for nonacceptance. Such written notice must be given to the

claimant within 30 days after the date on which the claim was filed

and if the claimant does not refile an acceptable claim within 30

days after the date of such written notice, the claimant is not

eligible for compensation under this subchapter for the damages

concerned; except that the Secretary -

(A) shall in any case involving a good faith effort by the

claimant to meet such filing requirements, or

(B) may in any case involving extenuating circumstances, accept

a claim that does not meet the 30-day refiling requirement.

(3)(A) The Secretary shall make an initial determination with

respect to the claim within 60 days after the day on which the

claim is accepted for filing. Within 30 days after the day on which

the Secretary issues an initial determination on a claim, the

claimant, or any other interested person who submitted evidence

relating to the initial determination, may petition the Secretary

for a review of that determination.

(B) If a petition for the review of an initial determination is

not filed with the Secretary within the 30-day period provided

under subparagraph (A), the initial determination shall thereafter

be treated as a final determination by the Secretary on the claim

involved.

(C) If a petition for review of an initial determination is

timely filed under subparagraph (A), the Secretary shall allow the

petitioner 30 days after the day on which the petition is received

to submit written or oral evidence relating to the initial

determination. The Secretary shall then undertake such review and,

on the basis of such review, issue a final determination no later

than the 60th day after the day on which the Secretary received the

petition for review of an initial determination.

(e) Claim preparation fees; attorney's fees

If the decision of the Secretary under subsection (d) of this

section is in favor of the commercial fisherman filing the claim,

the Secretary, as a part of the amount awarded, shall include

reasonable claim preparation fees and reasonable attorney's fees,

if any, incurred by the claimant in pursuing the claim.

(f) Powers of Secretary

(1) For purposes of any proceeding conducted pursuant to this

section, the Secretary shall have the power to administer oaths and

subpena the attendance or testimony of witnesses and the production

of books, records, and other evidence relative or pertinent to the

issues being presented for determination.

(2) In any proceeding conducted pursuant to this section with

respect to a claim for damages resulting from activities on any

area of the Outer Continental Shelf, the Secretary shall consider

evidence of obstructions in such area which have been identified

pursuant to the survey conducted under section 1847 (!1) of this

title.

(g) Place of proceeding

Any proceeding conducted with respect to an initial determination

on a claim under subsection (d)(3)(A) of this section shall be

conducted within such United States judicial district as may be

mutually agreeable to the claimant and the Secretary or, if no

agreement can be reached, within the United States judicial

district in which the home port of the claimant is located.

(h) Certification and disbursement of award; subrogation of rights;

payment of costs of proceedings

(1) The amount awarded in an initial determination by the

Secretary under subsection (d) of this section shall be immediately

disbursed, subject to the limitations of this section, by the

Secretary if the claimant -

(A) states in writing that he will not petition for review of

the initial determination; and

(B) enters into an agreement with the Secretary to repay to the

Secretary all or any part of the amount of the award if, after

review under subsection (d)(3)(C) of this section or, if

applicable, after judicial review, the amount of the award, or

any part thereof, is not sustained.

(2) Upon payment of a claim by the Secretary pursuant to this

subsection, the Secretary shall acquire by subrogation all rights

of the claimant against any person found to be responsible for the

damages with respect to which such claim was made. Any moneys

recovered by the Secretary through subrogation shall be deposited

into the Fund.

(3) Any person who denies responsibility for damages with respect

to which a claim is made and who is subquently (!2) found to be

responsible for such damages, and any commercial fisherman who

files a claim for damages and who is subsequently found to be

responsible for such damages, shall pay the costs of the

proceedings under this section with respect to such claim.

(i) Judicial review

Any claimant or other person who suffers a legal wrong or who is

adversely affected or aggrieved by a final determination of the

Secretary under subsection (d) of this section, may, no later than

30 days after such determination is made, seek judicial review of

the determination in the United States district court for such

United States judicial district as may be mutually agreeable to the

parties concerned or, if no agreement can be reached, in the United

States district court for the United States judicial district in

which is located the home port of the claimant.

-SOURCE-

(Pub. L. 95-372, title IV, Sec. 405, Sept. 18, 1978, 92 Stat. 688;

Pub. L. 97-212, Sec. 5, June 30, 1982, 96 Stat. 145; Pub. L.

98-498, title IV, Sec. 420(3), (4), Oct. 19, 1984, 98 Stat. 2309,

2310.)

-REFTEXT-

REFERENCES IN TEXT

Section 1847 of this title, referred to in subsec. (f)(2), was

repealed by Pub. L. 97-212, Sec. 6(a), June 30, 1982, 96 Stat. 147.

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-498 substituted "under subsection

(d)(1) of this section" for ", except that no such claim may be

filed more than 60 days after the date of discovery of the damages

with respect to which such claim is made".

Subsec. (d)(1). Pub. L. 98-498 inserted "time," before "form".

1982 - Subsec. (b). Pub. L. 97-212, Sec. 5(1), struck out pars.

(1) and (2) designations, and substituted "shall take such further

action regarding the claim that is required under subsection (d) of

this section" for "refer such matter to a hearing examiner

appointed under section 3105 of title 5".

Subsec. (c). Pub. L. 97-212, Sec. 5(2), substituted "proceeding"

for "hearing".

Subsec. (d). Pub. L. 97-212, Sec. 5(3), substituted provisions

relating to the filing of claims with the Secretary of the Interior

in order to be eligible for compensation under this subchapter, the

time for such filing, the time in which the Secretary must make his

initial determination with respect to the claim, and the submission

of evidence by the petitioner when reviewing an initial

determination by the Secretary, for provisions relating to the time

in which a hearing examiner has to render a decision.

Subsec. (e). Pub. L. 97-212, Sec. 5(4), substituted provisions

that if the decision of the Secretary is in favor of the commercial

fisherman filing the claim, the Secretary shall award to such

claimant reasonable attorney's fees and claim preparation fees

incurred by claimant in pursuing such claim for provisions that

upon a decision in favor of the claimant fisherman, the hearing

examiner include in the award reasonable attorney's fees incurred

by the claimant in pursuing such claim.

Subsec. (f). Pub. L. 97-212, Sec. 5(5), substituted "the

Secretary" for "hearing examiner" and "proceeding" for "hearing"

wherever appearing. The amendment which directed the substitution

of "the Secretary" for "hearing examiner" was executed by

substituting "the Secretary" for "the hearing examiner", as the

probable intent of Congress, to avoid repeating the article "the"

before "Secretary" in two places.

Subsec. (g). Pub. L. 97-212, Sec. 5(6), substituted "Any

proceeding conducted with respect to an initial determination on a

claim under subsection (d)(3)(A) of this section shall be conducted

within such United States judicial district as may be mutually

agreeable to the claimant and the Secretary or, if no agreement can

be reached, within the United States judicial district in which the

home port of the claimant is located" for "A hearing conducted

under this section shall be conducted within the United States

judicial district within which the matter giving rise to the claim

occurred, or, if such matter occurred within two or more districts,

in any of the affected districts, or, if such matter occurred

outside of any district, in the nearest district".

Subsec. (h)(1). Pub. L. 97-212, Sec. 5(7)(A), substituted

provisions that the amount awarded in an initial determination by

the Secretary under subsec. (d) be immediately disbursed by the

Secretary if the claimant states in writing that he will not

petition for review of the initial determination and he enters into

an agreement with the Secretary to repay to the Secretary all or

any part of the award that is not sustained upon later judicial

review for provisions that upon a decision of the hearing examiner

and in absence of judicial review, any amount to be paid would be

certified to the Secretary who would promptly disburse the award

and that such decision of the hearing examiner was not reviewable

by the Secretary.

Subsec. (h)(2). Pub. L. 97-212, Sec. 5(7)(B), inserted provision

that any moneys recovered by the Secretary through subrogation

shall be deposited into the Fund.

Subsec. (i). Pub. L. 97-212, Sec. 5(8), substituted "Any claimant

or other person who suffers a legal wrong or who is adversely

affected or aggrieved by a final determination of the Secretary

under subsection (d) of this section, may, no later than 30 days

after such determination is made, seek judicial review of the

determination in the United States district court for such United

States judicial district as may be mutually agreeable to the

parties concerned or, if no agreement can be reached, in the United

States district court for the United States judicial district in

which is located the home port of the claimant" for "Any person who

suffers legal wrong or who is adversely affected or aggrieved by

the decision of a hearing examiner under this section may, no later

than 60 days after such decision is made, seek judicial review of

such decision in the United States court of appeals for the circuit

in which the damage occurred, or if such damage occurred outside of

any circuit, in the United States court of appeals for the nearest

circuit".

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-212 applicable with respect to claims for

damages filed on or after June 30, 1982, with the Secretary of

Commerce under section 1845(a) of this title, with provision for

the refiling of previously filed claims under certain

circumstances, see section 9 of Pub. L. 97-212, set out as a note

under section 1841 of this title.

COMPENSATION FOR CERTAIN FISHING VESSEL AND GEAR DAMAGE;

APPLICATION

Authority to owners or operators of fishing vessels and

commercial fishermen failing to make application for compensation

within the time limitations of this section or section 1980 of

Title 22, Foreign Relations and Intercourse, to make application

for compensation within the 60-day period beginning on Dec. 22,

1980, see section 240(a), (b)(1) of Pub. L. 96-561, title II, Dec.

22, 1980, 94 Stat. 3300, set out as a note under section 1980 of

Title 22.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1842 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "subsequently".

-End-

-CITE-

43 USC Sec. 1846 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-

Sec. 1846. Repealed. Pub. L. 104-66, title I, Sec. 1021(f), Dec.

21, 1995, 109 Stat. 713

-MISC1-

Section, Pub. L. 95-372, title IV, Sec. 406, Sept. 18, 1978, 92

Stat. 689, directed Secretary to submit annual reports to Congress

setting forth Fishermen's Contingency Fund damage descriptions and

compensation amounts and, in first annual report, to evaluate

feasibility of (1) fine or penalty impositions, or (2) bonding

requirements.

-End-

-CITE-

43 USC Sec. 1847 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-

Sec. 1847. Repealed. Pub. L. 97-212, Sec. 6(a), June 30, 1982, 96

Stat. 147

-MISC1-

Section, Pub. L. 95-372, title IV, Sec. 407, Sept. 18, 1978, 92

Stat. 690, related to survey of obstructions on Outer Continental

Shelf and development of charts for commercial fishermen.

EFFECTIVE DATE OF REPEAL

Repeal effective June 30, 1982, and applicable with respect to

claims for damages filed on or after such date, with the Secretary

of Commerce under section 1845(a) of this title, see section 9(a)

of Pub. L. 97-212, set out as an Effective Date of 1982 Amendment

note under section 1841.

-End-

-CITE-

43 USC SUBCHAPTER III - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-End-

-CITE-

43 USC Sec. 1861 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1861. Repealed. Pub. L. 99-367, Sec. 2(b), July 31, 1986, 100

Stat. 774

-MISC1-

Section, Pub. L. 95-372, title VI, Sec. 601, Sept. 18, 1978, 92

Stat. 693, required Secretary of the Interior, within six months of

Sept. 18, 1978, and in his annual report thereafter, to report to

Comptroller General on shut-in and flaring oil and gas wells and

required Comptroller General, within six months after receipt of

report, to review and evaluate methodology used by Secretary in

allowing wells to be shut-in or flare natural gas and submit his

findings and recommendations to Congress.

-End-

-CITE-

43 USC Sec. 1862 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1862. Natural gas distribution

-STATUTE-

(a) Expanded participation by local distribution companies in

acquisition of leases and development of natural gas resources

The purpose of this section is to encourage expanded

participation by local distribution companies in acquisition of

leases and development of natural gas resources on the Outer

Continental Shelf by facilitating the transportation in interstate

commerce of natural gas, which is produced from a lease located on

the Outer Continental Shelf and owned, in whole or in part, by a

local distribution company, from such lease to the service area of

such local distribution company.

(b) Application and issuance of certificates of public convenience

and necessity for transportation of natural gas

The Federal Energy Regulatory Commission shall, after opportunity

for presentation of written and oral views, promulgate and publish

in the Federal Register a statement of Commission policy which

carries out the purpose of this section and sets forth the

standards under which the Commission will consider applications

for, and, as appropriate, issue certificates of public convenience

and necessity, pursuant to section 717f of title 15, for the

transportation in interstate commerce of natural gas, which is

produced from a lease located on the Outer Continental Shelf and

owned, in whole or in part, by a local distribution company, from

such lease to the service area of such local distribution company.

Such statement of policy shall specify the criteria, limitations,

or requirements the Commission will apply in determing - (!1)

(1) whether the application of any local distribution company

qualifies for consideration under the statement of policy; and

(2) whether the public convenience and necessity will be served

by the issuance of the requested certificate of transportation.

Such statement of policy shall also set forth the terms or

limitations on which the Commission may condition, pursuant to

section 717f of title 15, the issuance of a certificate of

transportation under such statement of policy. To the maximum

extent practicable, such statement shall be promulgated and

published within one year after September 18, 1978.

(c) Definitions

For purposes of this section, the term -

(1) "local distribution company" means any person -

(A) engaged in the distribution of natural gas at retail,

including any subsidiary or affiliate thereof engaged in the

exploration and production of natural gas; and

(B) regulated, or operated as a public utility, by a State or

local government or agency thereof;

(2) "interstate commerce" shall have the same meaning as such

term has under section 717a(7) of title 15; and

(3) "Commission" means the Federal Energy Regulatory

Commission.

-SOURCE-

(Pub. L. 95-372, title VI, Sec. 603, Sept. 18, 1978, 92 Stat. 694.)

-FOOTNOTE-

(!1) So in original. Probably should be "determining - ".

-End-

-CITE-

43 USC Sec. 1863 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1863. Unlawful employment practices; regulations

-STATUTE-

Each agency or department given responsibility for the

promulgation or enforcement of regulations under this chapter or

the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.]

shall take such affirmative action as deemed necessary to prohibit

all unlawful employment practices and to assure that no person

shall, on the grounds of race, creed, color, national origin, or

sex, be excluded from receiving or participating in any activity,

sale, or employment, conducted pursuant to the provisions of this

chapter or the Outer Continental Shelf Lands Act. The agency or

department shall promulgate such rules as it deems necessary to

carry out the purposes of this section, and any rules promulgated

under this section, whether through agency and department

provisions or rules, shall be similar to those established and in

effect under title VI and title VII of the Civil Rights Act of 1964

[42 U.S.C. 2000d et seq., 2000e et seq.].

-SOURCE-

(Pub. L. 95-372, title VI, Sec. 604, Sept. 18, 1978, 92 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 95-372, Sept. 18, 1978, 92 Stat. 629, as

amended, known as the Outer Continental Shelf Lands Act Amendments

of 1978, which enacted this chapter, sections 1344 to 1356 of this

title, and section 237 of Title 30, Mineral Lands and Mining,

amended sections 1331 to 1334, 1337, 1340, and 1343 of this title,

sections 1456, 1456a, and 1464 of Title 16, Conservation, and

section 6213 of Title 42, The Public Health and Welfare, and

enacted provisions set out as notes under sections 1348 and 1811 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1801 of this title and

Tables.

The Outer Continental Shelf Lands Act, referred to in text, is

act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is

classified generally to subchapter III (Sec. 1331 et seq.) of

chapter 29 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 1331 of

this title and Tables.

The Civil Rights Act of 1964, referred to in text, is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI and VII of

the Civil Rights Act of 1964 are classified generally to

subchapters V (Sec. 2000d et seq.) and VI (Sec. 2000e et seq.) of

chapter 21 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 2000a of Title 42 and Tables.

-End-

-CITE-

43 USC Sec. 1864 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1864. Disclosure of financial interests by officers and

employees of Department of the Interior

-STATUTE-

(a) Annual written statement

Each officer or employee of the Department of the Interior who -

(1) performs any function or duty under this chapter or the

Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], as

amended by this Act; and

(2) has any known financial interest in any person who (A)

applies for or receives any permit or lease under, or (B) is

otherwise subject to the provisions of this chapter or the Outer

Continental Shelf Lands Act [43 U.S.C. 1331 et seq.],

shall, beginning on February 1, 1979, annually file with the

Secretary of the Interior a written statement concerning all such

interests held by such officer or employee during the preceeding

(!1) calendar year. Such statement shall be available to the

public.

(b) "Known financial interest" defined; enforcement; report to

Congress

The Secretary of the Interior shall -

(1) within ninety days after September 18, 1978 -

(A) define the term "known financial interest" for purposes

of subsection (a) of this section; and

(B) establish the methods by which the requirement to file

written statements specified in subsection (a) of this section

will be monitored and enforced, including appropriate

provisions for the filing by such officers and employees of

such statements and the review by the Secretary of such

statements; and

(2) report to the Congress on June 1 of each calendar year with

respect to such disclosures and the actions taken in regard

thereto during the preceding calendar year.

(c) Officers and employees in nonregulatory or nonpolicymaking

positions

In the rules prescribed in subsection (b) of this section, the

Secretary may identify specific positions within the Department of

the Interior which are of a nonregulatory or nonpolicymaking nature

and provide that officers or employees occupying such positions

shall be exempt from the requirements of this section.

(d) Penalties

Any officer or employee who is subject to, and knowingly

violates, this section shall be fined not more than $2,500 or

imprisoned not more than one year, or both.

-SOURCE-

(Pub. L. 95-372, title VI, Sec. 605, Sept. 18, 1978, 92 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(1), (2), was in the

original "this Act", meaning Pub. L. 95-372, Sept. 18, 1978, 92

Stat. 629, as amended, known as the Outer Continental Shelf Lands

Act Amendments of 1978, which enacted this chapter, sections 1344

to 1356 of this title, and section 237 of Title 30, Mineral Lands

and Mining, amended sections 1331 to 1334, 1337, 1340, and 1343 of

this title, sections 1456, 1456a, and 1464 of Title 16,

Conservation, and section 6213 of Title 42, The Public Health and

Welfare, and enacted provisions set out as notes under sections

1348 and 1811 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 1801 of

this title and Tables.

This Act, referred to in subsec. (a)(1), is Pub. L. 95-372, Sept.

18, 1978, 92 Stat. 629, as amended. See note above.

The Outer Continental Shelf Lands Act, referred to in subsec.

(a)(1), (2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as

amended, which is classified generally to subchapter III (Sec. 1331

et seq.) of chapter 29 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1331 of this title and Tables.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b)(2) of this section relating to the requirement that the

Secretary of the Interior report to Congress on June 1 of each

calendar year, see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance,

and the 16th item on page 111 of House Document No. 103-7.

-FOOTNOTE-

(!1) So in original. Probably should be "preceding".

-End-

-CITE-

43 USC Sec. 1865 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1865. Investigation of reserves of oil and gas in Outer

Continental Shelf

-STATUTE-

The Secretary of the Interior shall conduct a continuing

investigation to determine an estimate of the total discovered

crude oil and natural gas reserves by fields (including proved and

indicated reserves) and undiscovered crude oil and natural gas

resources (including hypothetical and speculative resources) of the

Outer Continental Shelf.

The Secretary of the Interior shall provide a biennial report to

Congress on June 30 of every odd numbered year on the results of

such investigation.

-SOURCE-

(Pub. L. 95-372, title VI, Sec. 606, as added Pub. L. 99-367, Sec.

2(c), July 31, 1986, 100 Stat. 774.)

-MISC1-

PRIOR PROVISIONS

A prior section 1865, Pub. L. 95-372, title VI, Sec. 606, Sept.

18, 1978, 92 Stat. 696, directed Secretary of the Interior to

conduct a continuing investigation of reserves of oil and gas in

the Outer Continental Shelf, specified items to be included in the

investigation, provided for initial and subsequent reports to

Congress, and required consultation with the Federal Trade

Commission and information to be made available to the Federal

Trade Commission, prior to repeal by Pub. L. 99-367, Sec. 2(c).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to the requirement that the Secretary of the

Interior provide a biennial report to Congress, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and the 17th item on page 111 of House

Document No. 103-7.

-End-

-CITE-

43 USC Sec. 1866 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1866. Relationship to existing law

-STATUTE-

(a) Except as otherwise expressly provided in this chapter,

nothing in this chapter shall be construed to amend, modify, or

repeal any provision of the Coastal Zone Management Act of 1972 [16

U.S.C. 1451 et seq.], the National Environmental Policy Act of 1969

[42 U.S.C. 4321 et seq.], the Mining and Mineral Policy Act of 1970

[30 U.S.C. 21a], or any other Act.

(b) Nothing in this chapter or any amendment made by this Act to

the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or

any other Act shall be construed to affect or modify the provisions

of the Department of Energy Organization Act (42 U.S.C. 7101 et

seq.) which provide for the transferring and vesting of functions

to and in the Secretary of Energy or any component of the

Department of Energy.

-SOURCE-

(Pub. L. 95-372, title VI, Sec. 608, Sept. 18, 1978, 92 Stat. 698.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 95-372, Sept. 18, 1978, 92 Stat. 629, as

amended, known as the Outer Continental Shelf Lands Act Amendments

of 1978, which enacted this chapter, sections 1344 to 1356 of this

title, and section 237 of Title 30, Mineral Lands and Mining,

amended sections 1331 to 1334, 1337, 1340, and 1343 of this title,

sections 1456, 1456a, and 1464 of Title 16, Conservation, and

section 6213 of Title 42, The Public Health and Welfare, and

enacted provisions set out as notes under sections 1348 and 1811 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1801 of this title and

Tables.

The Coastal Zone Management Act of 1972, referred to in subsec.

(a), is title III of Pub. L. 89-454 as added by Pub. L. 92-583,

Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified

generally to chapter 33 (Sec. 1451 et seq.) of Title 16. For

complete classification of this Act to the Code, see Short Title

note set out under section 1451 of Title 16 and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under 4321 of Title 42 and Tables.

The Mining and Mineral Policy Act of 1970, referred to in subsec.

(a), is Pub. L. 91-631, Dec. 31, 1970, 84 Stat. 1876, which is

classified to section 21a of Title 30, Mineral Lands and Mining.

This Act, referred to in subsec. (b), is Pub. L. 95-372, Sept.

18, 1978, 92 Stat. 629, as amended. See note above.

The Outer Continental Shelf Lands Act, referred to in subsec.

(b), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which

is classified generally to subchapter III (Sec. 1331 et seq.) of

chapter 29 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 1331 of

this title and Tables.

The Department of Energy Organization Act, referred to in subsec.

(b), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended,

which is classified principally to chapter 84 (Sec. 7101 et seq.)

of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 7101 of Title 42 and Tables.

-End-