dreamproit/uscode huggingface dataset:
33 U.S.C. § 1101 (NAVIGATION AND NAVIGABLE WATERS)
§ 1101. Congressional declaration of policy and objectives
(a) It is hereby declared to be the policy of the United States to develop, encourage, and maintain a coordinated, comprehensive, and long-range national program in marine science for the benefit of mankind to assist in protection of health and property, enhancement of commerce, transportation, and national security, rehabilitation of our commercial fisheries, and increased utilization of these and other resources.
(b) The marine science activities of the United States should be conducted so as to contribute to the following objectives:
(1) The accelerated development of the resources of the marine environment.
(2) The expansion of human knowledge of the marine environment.
(3) The encouragement of private investment enterprise in exploration, technological development, marine commerce, and economic utilization of the resources of the marine environment.
(4) The preservation of the role of the United States as a leader in marine science and resource development.
(5) The advancement of education and training in marine science.
(6) The development and improvement of the capabilities, performance, use, and efficiency of vehicles, equipment, and instruments for use in exploration, research, surveys, the recovery of resources, and the transmission of energy in the marine environment.
(7) The effective utilization of the scientific and engineering resources of the Nation, with close cooperation among all interested agencies, public and private, in order to avoid unnecessary duplication of effort, facilities, and equipment, or waste.
(8) The cooperation by the United States with other nations and groups of nations and international organizations in marine science activities when such cooperation is in the national interest.
(Pub. L. 89–454, title I, § 2, June 17, 1966, 80 Stat. 203.)
heading: Short Title
text: Section 1 of title I of Pub. L. 89–454, as renumbered and amended by Pub. L. 89–688, § 2(a), Oct. 15, 1966, 80 Stat. 1001, provided that: “This title [enacting this subchapter] may be cited as the ‘Marine Resources and Engineering Development Act of 1966’.”
33 U.S.C. § 1102 (NAVIGATION AND NAVIGABLE WATERS)
§ 1102. Omitted
heading: Codification
text: Section, Pub. L. 89–454, title I, § 3, June 17, 1966, 80 Stat. 204; Pub. L. 89–670, § 8(j), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90–242, § 2, Jan. 2, 1968, 81 Stat. 780; Pub. L. 91–15, § 1, May 23, 1969, 83 Stat. 10; Pub. L. 91–414, Sept. 25, 1970, 84 Stat. 865, established the National Council on Marine Resources and Engineering Development. The provisions of this chapter with respect to the Council expired on June 30, 1971, and the Council terminated on Apr. 30, 1971, for lack of funds.
33 U.S.C. § 1103 (NAVIGATION AND NAVIGABLE WATERS)
§ 1103. Executive responsibilities; utilization of staff, interagency, and non-Government advisory arrangements; consultation with agencies; solicitation of views of non-Federal agencies
(a) In conformity with the provisions of section 1101 of this title, it shall be the duty of the President with the advice and assistance of the Council to—
(1) survey all significant marine science activities, including the policies, plans, programs, and accomplishments of all departments and agencies of the United States engaged in such activities;
(2) develop a comprehensive program of marine science activities, including, but not limited to, exploration, description and prediction of the marine environment, exploitation and conservation of the resources of the marine environment, marine engineering, studies of air-sea interaction, transmission of energy, and communications, to be conducted by departments and agencies of the United States, independently or in cooperation with such non-Federal organizations as States, institutions and industry;
(3) designate and fix responsibility for the conduct of the foregoing marine science activities by departments and agencies of the United States;
(4) insure cooperation and resolve differences arising among departments and agencies of the United States with respect to marine science activities under this subchapter, including differences as to whether a particular project is a marine science activity;
(5) undertake a comprehensive study, by contract or otherwise, of the legal problems arising out of the management, use, development, recovery, and control of the resources of the marine environment;
(6) establish long-range studies of the potential benefits to the United States economy, security, health, and welfare to be gained from marine resources, engineering, and science, and the costs involved in obtaining such benefits; and
(7) review annually all marine science activities conducted by departments and agencies of the United States in light of the policies, plans, programs, and priorities developed pursuant to this chapter.
(b) In the planning and conduct of a coordinated Federal program the President and the Council shall utilize such staff, interagency, and non-Government advisory arrangements as they may find necessary and appropriate and shall consult with departments and agencies concerned with marine science activities and solicit the views of non-Federal organizations and individuals with capabilities in marine sciences.
(Pub. L. 89–454, title I, § 4, June 17, 1966, 80 Stat. 205; Pub. L. 89–688, § 2(b), Oct. 15, 1966, 80 Stat. 1001.)
heading: Amendments
text: 1966—Subsec. (a). Pub. L. 89–688, in par. (4), substituted “this title” for “this Act”, which, for purposes of codification has been changed to “this subchapter”.
heading: Termination of Council
text: National Council on Marine Resources and Engineering, established under section 1102 of this title, terminated Apr. 30, 1971, for lack of funds. See Codification note set out under section 1102 of this title.
33 U.S.C. § 1104, 1105 (NAVIGATION AND NAVIGABLE WATERS)
§§ 1104, 1105. Omitted
heading: Codification
text: Section 1104, Pub. L. 89–454, title I, § 5, June 17, 1966, 80 Stat. 205; Pub. L. 89–688, § 2(b), Oct. 15, 1966, 80 Stat. 1001; Pub. L. 90–242, § 1, Jan. 2, 1968, 81 Stat. 780, established the Commission on Marine Science, Engineering, and Resources. For expiration of the Commission, see Codification note set out under section 1102 of this title.
Section 1105, Pub. L. 89–454, title I, § 6, June 17, 1966, 80 Stat. 207, provided for the National Council on Marine Resources and Engineering Development to coordinate a program of international cooperation with respect to work done pursuant to this chapter. For expiration of the Council, see Codification note set out under section 1102 of this title.
33 U.S.C. § 1106 (NAVIGATION AND NAVIGABLE WATERS)
§ 1106. Reports to Congress
(a) The President shall transmit to the Congress biennially in January a report, which shall include (1) a comprehensive description of the activities and the accomplishments of all agencies and departments of the United States in the field of marine science during the preceding fiscal year, and (2) an evaluation of such activities and accomplishments in terms of the objectives set forth pursuant to this chapter.
(b) Reports made under this section shall contain such recommendations for legislation as the President may consider necessary or desirable for the attainment of the objectives of this chapter, and shall contain an estimate of funding requirements of each agency and department of the United States for marine science activities during the succeeding fiscal year.
(Pub. L. 89–454, title I, § 7, June 17, 1966, 80 Stat. 207; Pub. L. 99–386, title II, § 203(a), Aug. 22, 1986, 100 Stat. 823.)
heading: Amendments
text: 1986—Subsec. (a). Pub. L. 99–386 substituted “biennially in January” for “in January of each year”.
33 U.S.C. § 1107 (NAVIGATION AND NAVIGABLE WATERS)
§ 1107. Definitions
For the purposes of this subchapter, the term “marine science” shall be deemed to apply to oceanographic and scientific endeavors and disciplines, and engineering and technology in and with relation to the marine environment; and the term “marine environment” shall be deemed to include (a) the oceans, (b) the Continental Shelf of the United States, (c) the Great Lakes, (d) seabed and subsoil of the submarine areas adjacent to the coasts of the United States to the depth of two hundred meters, or beyond that limit, to where the depths of the superjacent waters admit of the exploitation of the natural resources of such areas, (e) the seabed and subsoil of similar submarine areas adjacent to the coasts of islands which comprise United States territory, and (f) the resources thereof.
(Pub. L. 89–454, title I, § 8, June 17, 1966, 80 Stat. 208; Pub. L. 89–688, § 2(b), Oct. 15, 1966, 80 Stat. 1001.)
heading: Amendments
text: 1966—Pub. L. 89–688 substituted “this title” for “this Act”, which, for purposes of codification, has been changed to “this subchapter”.
33 U.S.C. § 1108 (NAVIGATION AND NAVIGABLE WATERS)
§ 1108. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out this subchapter, but sums appropriated for any one fiscal year shall not exceed $1,200,000.
(Pub. L. 89–454, title I, § 9, June 17, 1966, 80 Stat. 208; Pub. L. 89–688, § 2(b), Oct. 15, 1966, 80 Stat. 1001; Pub. L. 91–15, § 2, May 23, 1969, 83 Stat. 10.)
heading: Amendments
text: 1969—Pub. L. 91–15 substituted “$1,200,000” for “$1,500,000”.
1966—Pub. L. 89–688 substituted “this title” for “this Act”, which, for purposes of codification, has been changed to “this subchapter”.
33 U.S.C. § 1124a (NAVIGATION AND NAVIGABLE WATERS)
§ 1124a. Repealed. Pub. L. 105–160, § 6, Mar. 6, 1998, 112 Stat. 24
text: Section, Pub. L. 94–461, § 3, Oct. 8, 1976, 90 Stat. 1969; Pub. L. 95–58, § 2, June 29, 1977, 91 Stat. 254; Pub. L. 95–428, § 4(2), (3), Oct. 7, 1978, 92 Stat. 1000; Pub. L. 96–289, §§ 2, 3, June 28, 1980, 94 Stat. 605; Pub. L. 98–623, title V, § 501(b), Nov. 8, 1984, 98 Stat. 3410; Pub. L. 100–220, title III, § 3111, Dec. 29, 1987, 101 Stat. 1474; Pub. L. 102–251, title III, § 307(b), Mar. 9, 1992, 106 Stat. 66, related to sea grant international program.
33 U.S.C. § 1125 (NAVIGATION AND NAVIGABLE WATERS)
§ 1125. Repealed. Pub. L. 102–186, § 4(a), Dec. 4, 1991, 105 Stat. 1283
text: Section, Pub. L. 89–454, title II, § 206, as added Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1965; amended Pub. L. 95–58, § 1, June 29, 1977, 91 Stat. 254; Pub. L. 95–428, § 3(3), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96–289, § 1(4), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, § 3106(a), Dec. 29, 1987, 101 Stat. 1471, required development of a sea grant strategic research plan and authorized grants and contracts to carry out the program.
33 U.S.C. § 1129 (NAVIGATION AND NAVIGABLE WATERS)
§ 1129. Interagency cooperation
Each department, agency, or other instrumentality of the Federal Government which is engaged in or concerned with, or which has authority over, matters relating to ocean, coastal, and Great Lakes resources—
(1) may, upon a written request from the Secretary, make available, on a reimbursable basis or otherwise any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Secretary deems necessary to carry out any provision of this subchapter;
(2) shall, upon a written request from the Secretary, furnish any available data or other information which the Secretary deems necessary to carry out any provision of this subchapter; and
(3) shall cooperate with the Administration and duly authorized officials thereof.
(Pub. L. 89–454, title II, § 210, as added Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1968; amended Pub. L. 100–220, title III, § 3104(b)(1)(G), Dec. 29, 1987, 101 Stat. 1471.)
heading: Amendments
text: 1987—Pub. L. 100–220 substituted “ocean, coastal, and Great Lakes resources” for “ocean and coastal resources” in introductory provisions.
33 U.S.C. § 1130 (NAVIGATION AND NAVIGABLE WATERS)
§ 1130. Repealed. Pub. L. 102–186, § 5(a), Dec. 4, 1991, 105 Stat. 1283
text: Section, Pub. L. 89–454, title II, § 211, as added Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1968; amended Pub. L. 95–428, §§ 2(b), 3(4), Oct. 7, 1978, 92 Stat. 999; Pub. L. 100–220, title III, § 3109, Dec. 29, 1987, 101 Stat. 1473, authorized grants for graduate programs in marine affairs and resource management during fiscal years 1988 through 1990.
33 U.S.C. § 1201 (NAVIGATION AND NAVIGABLE WATERS)
§ 1201. Statement of purpose
It is the purpose of this chapter to provide a positive means whereby the operators of approaching vessels can communicate their intentions to one another through voice radio, located convenient to the operator’s navigation station. To effectively accomplish this, there is need for a specific frequency or frequencies dedicated to the exchange of navigational information, on navigable waters of the United States.
(Pub. L. 92–63, § 2, Aug. 4, 1971, 85 Stat. 164.)
heading: Short Title
text: Pub. L. 92–63, § 1, Aug. 4, 1971, 85 Stat. 164, provided: “That this Act [enacting this chapter] may be cited as the ‘Vessel Bridge-to-Bridge Radiotelephone Act’.”
heading: Effective Date
text: Pub. L. 92–63, § 10, Aug. 4, 1971, 85 Stat. 165, provided that: “This Act [enacting this chapter] shall become effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later.”
See 47 CFR 83.701 et seq.
33 U.S.C. § 1202 (NAVIGATION AND NAVIGABLE WATERS)
§ 1202. Definitions
For the purpose of this chapter—
(1) “Secretary” means the Secretary of the Department in which the Coast Guard is operating;
(2) “power-driven vessel” means any vessel propelled by machinery; and
(3) “towing vessel” means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead.
(Pub. L. 92–63, § 3, Aug. 4, 1971, 85 Stat. 164.)
heading: Transfer of Functions
text: 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.
33 U.S.C. § 1204 (NAVIGATION AND NAVIGABLE WATERS)
§ 1204. Radiotelephone for exclusive use of master, person in charge, or pilot; frequency listening watch; portable radiotelephone equipment
The radiotelephone required by this chapter is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing contained herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this chapter.
(Pub. L. 92–63, § 5, Aug. 4, 1971, 85 Stat. 165.)
33 U.S.C. § 1205 (NAVIGATION AND NAVIGABLE WATERS)
§ 1205. Radiotelephone capability; maintenance; restoration; consequences of loss: navigation of vessel
Whenever radiotelephone capability is required by this chapter, a vessel’s radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessel’s radiotelephone equipment shall not, in itself, constitute a violation of this chapter, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel.
(Pub. L. 92–63, § 6, Aug. 4, 1971, 85 Stat. 165.)
33 U.S.C. § 1206 (NAVIGATION AND NAVIGABLE WATERS)
§ 1206. Exemptions; terms and conditions
The Secretary may, if he considers that marine navigational safety will not be adversely affected or where a local communication system fully complies with the intent of this concept but does not conform in detail, issue exemptions from any provisions of this chapter, on such terms and conditions as he considers appropriate.
(Pub. L. 92–63, § 7, Aug. 4, 1971, 85 Stat. 165.)
33 U.S.C. § 1207 (NAVIGATION AND NAVIGABLE WATERS)
§ 1207. Regulations
(a) Operating and technical conditions and characteristics; frequencies, emission, and power of radiotelephone equipment
The Federal Communications Commission shall, after consultation with other cognizant agencies, prescribe regulations necessary to specify operating and technical conditions and characteristics including frequencies, emission, and power of radiotelephone equipment required under this chapter.
(b) Enforcement
The Secretary shall, subject to the concurrence of the Federal Communications Commission, prescribe regulations for the enforcement of this chapter.
(Pub. L. 92–63, § 8, Aug. 4, 1971, 85 Stat. 165.)
33 U.S.C. § 1208 (NAVIGATION AND NAVIGABLE WATERS)
§ 1208. Penalties
(a) Master, person in charge, or pilot subject to penalty
Whoever, being the master or person in charge of a vessel subject to this chapter, fails to enforce or comply with this chapter or the regulation, hereunder; or
Whoever, being designated by the master or person in charge of a vessel subject to this chapter to pilot or direct the movement of the vessel, fails to enforce or comply with this chapter or the regulations hereunder—
Is liable to a civil penalty of not more than $500 to be assessed by the Secretary.
(b) Vessels subject to penalty; jurisdiction
Every vessel navigating in violation of this chapter or the regulations hereunder is liable to a civil penalty of not more than $500 to be assessed by the Secretary for which the vessel may be proceeded against in any district court of the United States having jurisdiction.
(c) Remission or mitigation
Any penalty assessed under this section may be remitted or mitigated by the Secretary upon such terms as he may deem proper.
(Pub. L. 92–63, § 9, Aug. 4, 1971, 85 Stat. 165.)
33 U.S.C. § 1223a (NAVIGATION AND NAVIGABLE WATERS)
§ 1223a. Electronic charts
(a) System requirements
(1) Requirements
Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with and operate electronic charts under regulations prescribed by the Secretary of the department in which the Coast Guard is operating:
(A) A self-propelled commercial vessel of at least 65 feet overall length.
(B) A vessel carrying more than a number of passengers for hire determined by the Secretary.
(C) A towing vessel of more than 26 feet in overall length and 600 horsepower.
(D) Any other vessel for which the Secretary decides that electronic charts are necessary for the safe navigation of the vessel.
(2) Exemptions and waivers
The Secretary may—
(A) exempt a vessel from paragraph (1), if the Secretary finds that electronic charts are not necessary for the safe navigation of the vessel on the waters on which the vessel operates; and
(B) waive the application of paragraph (1) with respect to operation of vessels on navigable waters of the United States specified by the Secretary, if the Secretary finds that electronic charts are not needed for safe navigation on those waters.
(b) Regulations
The Secretary of the department in which the Coast Guard is operating shall prescribe regulations implementing subsection (a) of this section before January 1, 2007, including requirements for the operation and maintenance of the electronic charts required under subsection (a) of this section.
(Pub. L. 92–340, § 4A, as added Pub. L. 108–293, title IV, § 410, Aug. 9, 2004, 118 Stat. 1045.)
33 U.S.C. § 1224 (NAVIGATION AND NAVIGABLE WATERS)
§ 1224. Considerations by Secretary
In carrying out his duties and responsibilities under section 1223 of this title, the Secretary shall—
(a) take into account all relevant factors concerning navigation and vessel safety, protection of the marine environment, and the safety and security of United States ports and waterways, including but not limited to—
(1) the scope and degree of the risk or hazard involved;
(2) vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors;
(3) port and waterway configurations and variations in local conditions of geography, climate, and other similar factors;
(4) the need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels;
(5) the proximity of fishing grounds, oil and gas drilling and production operations, or any other potential or actual conflicting activity;
(6) environmental factors;
(7) economic impact and effects;
(8) existing vessel traffic services; and
(9) local practices and customs, including voluntary arrangements and agreements within the maritime community; and
(b) at the earliest possible time, consult with and receive and consider the views of representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other parties who may be affected by the proposed actions.
(Pub. L. 92–340, § 5, formerly title I, § 104, July 10, 1972, 86 Stat. 427; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1474; Pub. L. 107–295, title IV, § 443(2), Nov. 25, 2002, 116 Stat. 2132.)
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–295 substituted “safety, protection of the marine environment, and the safety and security of United States ports and waterways,” for “safety and protection of the marine environment,” in introductory provisions.
1978—Pub. L. 95–474 substituted provision relating to factors to be considered by the Secretary and to consultation by the Secretary with affected groups for provision relating to the issuance of rules and regulations by the Secretary.
heading: Study of Desirability and Feasibility of Shore-Station Systems for Monitoring Vessels
text: Section 3 of Pub. L. 95–474 authorized the Secretary, in consultation with the Secretary of Commerce and other appropriate departments or agencies of the Federal Government to study the desirability and feasibility of shore-station systems for monitoring vessels within the Fishery Conservation Zone as defined in former section 1802(8) of Title 16, Conservation, required the Secretary to report his findings to Congress, within two years after Oct. 17, 1978, and authorized appropriations for such study for fiscal years 1979 and 1980.