dreamproit/uscode huggingface dataset:
33 U.S.C. § 1909 (NAVIGATION AND NAVIGABLE WATERS)
§ 1909. MARPOL Protocol; proposed amendments
(a) Acceptance of certain amendments by the President
A proposed amendment to the MARPOL Protocol received by the United States from the Secretary-General of the International Maritime Organization pursuant to Article VI of the MARPOL Protocol, may be accepted on behalf of the United States by the President following the advice and consent of the Senate, except as provided for in subsection (b) of this section.
(b) Action on certain amendments by the Secretary of State
A proposed amendment to Annex I, II, V, or VI to the Convention, appendices to those Annexes, or Protocol I of the Convention received by the United States from the Secretary-General of the International Maritime Organization pursuant to Article VI of the MARPOL Protocol, may be the subject of appropriate action on behalf of the United States by the Secretary of State following consultation with the Secretary, or the Administrator as provided for in this chapter, who shall inform the Secretary of State as to what action he considers appropriate at least 30 days prior to the expiration of the period specified in Article VI of the MARPOL Protocol during which objection may be made to any amendment received.
(c) Declaration of nonacceptance by the Secretary of State
Following consultation with the Secretary, the Secretary of State may make a declaration that the United States does not accept an amendment proposed pursuant to Article VI of the MARPOL Protocol.
(Pub. L. 96–478, § 10, Oct. 21, 1980, 94 Stat. 2302; Pub. L. 100–220, title II, § 2106, Dec. 29, 1987, 101 Stat. 1463; Pub. L. 110–280, § 9, July 21, 2008, 122 Stat. 2615.)
heading: Amendments
text: 2008—Subsec. (b). Pub. L. 110–280 substituted “Annex I, II, V, or VI” for “Annex I, II, or V” and inserted “or the Administrator as provided for in this chapter,” after “Secretary,”.
1987—Subsec. (a). Pub. L. 100–220, § 2106(1), substituted “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”.
Subsec. (b). Pub. L. 100–220, § 2106(2), substituted “Annex I, II, or V to the Convention, appendices to those Annexes, or Protocol I of the Convention” for “Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol,” and “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”.
heading: Effective Date of 1987 Amendment
text: Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.
33 U.S.C. § 1910 (NAVIGATION AND NAVIGABLE WATERS)
§ 1910. Legal actions
(a) Persons with adversely affected interests as plaintiffs; defendants
Except as provided in subsection (b) of this section, any person having an interest which is, or can be, adversely affected, may bring an action on his own behalf—
(1) against any person alleged to be in violation of the provisions of this chapter, or regulations issued hereunder;
(2) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this chapter which is not discretionary with the Secretary;
(3) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary; or
(4) against the Secretary of the Treasury where there is alleged a failure of the Secretary of the Treasury to take action under section 1908(e) of this title.
(b) Commencement conditions
No action may be commenced under subsection (a) of this section—
(1) prior to 60 days after the plaintiff has given notice, in writing and under oath, to the alleged violator, the Secretary concerned or the Administrator, and the Attorney General; or
(2) if the Secretary or the Administrator has commenced enforcement or penalty action with respect to the alleged violation and is conducting such procedures diligently.
(c) Venue
Any suit brought under this section shall be brought—
(1) in a case concerning an onshore facility or port, in the United States district court for the judicial district where the onshore facility or port is located;
(2) in a case concerning an offshore facility or offshore structure under the jurisdiction of the United States, in the United States district court for the judicial district nearest the offshore facility or offshore structure;
(3) in a case concerning a ship, in the United States district court for any judicial district wherein the ship or its owner or operator may be found; or
(4) in any case, in the District Court for the District of Columbia.
(d) Costs; attorney fees; witness fees
The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party including the Federal Government.
(e) Federal intervention
In any action brought under this section, if the Secretary or Attorney General are not parties of record, the United States, through the Attorney General, shall have the right to intervene.
(Pub. L. 96–478, § 11, Oct. 21, 1980, 94 Stat. 2302; Pub. L. 110–280, § 12, July 21, 2008, 122 Stat. 2615.)
heading: Amendments
text: 2008—Subsec. (a)(3), (4). Pub. L. 110–280, § 12(1), added par. (3) and redesignated former par. (3) as (4).
Subsec. (b)(1). Pub. L. 110–280, § 12(2), substituted “concerned or the Administrator,” for “concerned,”.
Subsec. (b)(2). Pub. L. 110–280, § 12(3), inserted “or the Administrator” after “Secretary”.
33 U.S.C. § 1911 (NAVIGATION AND NAVIGABLE WATERS)
§ 1911. Effect on other laws
Authorities, requirements, and remedies of this chapter supplement and neither amend nor repeal any other authorities, requirements, or remedies conferred by any other provision of law. Nothing in this chapter shall limit, deny, amend, modify, or repeal any other authority, requirement, or remedy available to the United States or any other person, except as expressly provided in this chapter.
(Pub. L. 96–478, § 15, Oct. 21, 1980, 94 Stat. 2303; Pub. L. 110–280, § 11, July 21, 2008, 122 Stat. 2615.)
heading: Amendments
text: 2008—Pub. L. 110–280 amended section generally. Prior to amendment, section read as follows: “Nothing in this chapter shall be construed as limiting, diminishing, or otherwise restricting any of the authority of the Secretary under the Port and Tanker Safety Act of 1978.”
33 U.S.C. § 1912 (NAVIGATION AND NAVIGABLE WATERS)
§ 1912. International law
Any action taken under this chapter shall be taken in accordance with international law.
(Pub. L. 96–478, § 17, as added Pub. L. 100–220, title II, § 2108, Dec. 29, 1987, 101 Stat. 1464.)
33 U.S.C. § 1914 (NAVIGATION AND NAVIGABLE WATERS)
§ 1914. Transferred
text: Section, Pub. L. 100–220, title II, § 2203, Dec. 29, 1987, 101 Stat. 1466; Pub. L. 104–324, title VIII, § 802(b), Oct. 19, 1996, 110 Stat. 3944; Pub. L. 109–449, § 5(a), Dec. 22, 2006, 120 Stat. 3337, was redesignated section 5 of Pub. L. 109–449 and transferred to section 1954 of this title.
33 U.S.C. § 1915 (NAVIGATION AND NAVIGABLE WATERS)
§ 1915. Repealed. Pub. L. 112–213, title VI, § 604(d), Dec. 20, 2012, 126 Stat. 1577
text: Section, Pub. L. 100–220, title II, § 2204, Dec. 29, 1987, 101 Stat. 1466; Pub. L. 104–324, title VIII, § 802(c), Oct. 19, 1996, 110 Stat. 3945, related to creation of a plastic pollution public education program.
33 U.S.C. § 1951 (NAVIGATION AND NAVIGABLE WATERS)
§ 1951. Purpose
The purpose of this chapter is to address the adverse impacts of marine debris on the United States economy, the marine environment, and navigation safety through the identification, determination of sources, assessment, prevention, reduction, and removal of marine debris.
(Pub. L. 109–449, § 2, Dec. 22, 2006, 120 Stat. 3333; Pub. L. 112–213, title VI, § 603, Dec. 20, 2012, 126 Stat. 1576.)
heading: Amendments
text: 2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: “The purposes of this chapter are—
“(1) to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety;
“(2) to reactivate the Interagency Marine Debris Coordinating Committee; and
“(3) to develop a Federal marine debris information clearinghouse.”
heading: Short Title of 2012 Amendment
text: Pub. L. 112–213, title VI, § 601, Dec. 20, 2012, 126 Stat. 1576, provided that: “This title [amending this section and sections 1952 to 1956 of this title, transferring section 1914 of this title to section 1954 of this title, repealing sections 1915 and 1954 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Marine Debris Act Amendments of 2012’.”
heading: Short Title
text: Pub. L. 109–449, § 1, Dec. 22, 2006, 120 Stat. 3333, as amended by Pub. L. 112–213, title VI, § 602(a), Dec. 20, 2012, 126 Stat. 1576, provided that: “This Act [enacting and amending this chapter] may be cited as the ‘Marine Debris Act’.”
33 U.S.C. § 1953 (NAVIGATION AND NAVIGABLE WATERS)
§ 1953. Coast Guard program
The Commandant of the Coast Guard, in consultation with the Interagency Committee, shall—
(1) take actions to reduce violations of and improve implementation of MARPOL Annex V and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to the discard of plastics and other garbage from vessels;
(2) take actions to cost-effectively monitor and enforce compliance with MARPOL Annex V and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), including through cooperation and coordination with other Federal and State enforcement programs;
(3) take actions to improve compliance with requirements under MARPOL Annex V and section 6 of the Act to Prevent Pollution from Ships (33 U.S.C. 1905) that all United States ports and terminals maintain and monitor the adequacy of receptacles for the disposal of plastics and other garbage, including through promoting voluntary government-industry partnerships;
(4) develop and implement a plan, in coordination with industry and recreational boaters, to improve ship-board waste management, including recordkeeping, and access to waste reception facilities for ship-board waste;
(5) take actions to improve international cooperation to reduce marine debris; and
(6) establish a voluntary reporting program for commercial vessel operators and recreational boaters to report incidents of damage to vessels and disruption of navigation caused by marine debris, and observed violations of laws and regulations relating to the disposal of plastics and other marine debris.
(Pub. L. 109–449, § 4, Dec. 22, 2006, 120 Stat. 3335; Pub. L. 112–213, title VI, § 605, Dec. 20, 2012, 126 Stat. 1578.)
heading: References in Text
text: The Act to Prevent Pollution from Ships, referred to in pars. (1) and (2), is Pub. L. 96–478, Oct. 21, 1980, 94 Stat. 2297, which is classified principally to chapter 33 (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
heading: Amendments
text: 2012—Pub. L. 112–213 struck out subsec. (a) designation and heading “Strategy” and struck out subsecs. (b) and (c) which required reports on the Coast Guard’s progress in implementing former subsec. (a) and on the effectiveness of international and national measures to prevent and reduce marine debris and its impact.
33 U.S.C. § 1955 (NAVIGATION AND NAVIGABLE WATERS)
§ 1955. Federal information clearinghouse
The Administrator, in coordination with the Interagency Committee, shall—
(1) maintain a Federal information clearinghouse on marine debris that will be available to researchers and other interested persons to improve marine debris source identification, data sharing, and monitoring efforts through collaborative research and open sharing of data; and
(2) take the necessary steps to ensure the confidentiality of such information (especially proprietary information), for any information required by the Administrator to be submitted under this section.
(Pub. L. 109–449, § 6, Dec. 22, 2006, 120 Stat. 3338; Pub. L. 112–213, title VI, § 607, Dec. 20, 2012, 126 Stat. 1578.)
heading: Amendments
text: 2012—Par. (2). Pub. L. 112–213 struck out “by the fishing industry” after “to be submitted”.
33 U.S.C. § 1956 (NAVIGATION AND NAVIGABLE WATERS)
§ 1956. Definitions
In this chapter:
(1) Administrator
The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.
(2) Interagency Committee
The term “Interagency Committee” means the Interagency Marine Debris Coordinating Committee established under section 1954 of this title.
(3) Marine debris
The term “marine debris” means any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes.
(4) MARPOL; Annex V; Convention
The terms “MARPOL”, “Annex V”, and “Convention” have the meaning given those terms under section 1901(a) of this title.
(5) Program
The term “Program” means the Marine Debris Program established under section 1952 of this title.
(6) Severe marine debris event
The term “severe marine debris event” means atypically large amounts of marine debris caused by a natural disaster, including a tsunami, flood, landslide, or hurricane, or other source.
(7) State
The term “State” means—
(A) any State of the United States that is impacted by marine debris within its seaward or Great Lakes boundaries;
(B) the District of Columbia;
(C) American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands; and
(D) any other territory or possession of the United States, or separate sovereign in free association with the United States, that is impacted by marine debris within its seaward boundaries.
(Pub. L. 109–449, § 7, Dec. 22, 2006, 120 Stat. 3338; Pub. L. 112–213, title VI, § 608, Dec. 20, 2012, 126 Stat. 1578.)
heading: Amendments
text: 2012—Par. (2). Pub. L. 112–213, § 608(1), substituted “section 1954 of this title” for “section 1914 of this title”.
Par. (3). Pub. L. 112–213, § 608(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The term ‘United States exclusive economic zone’ means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as ‘eastern special areas’ in article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990.”
Par. (5). Pub. L. 112–213, § 608(3)–(5), redesignated par. (7) as (5), struck out “Prevention and Removal” before “Program”, and struck out former par. (5). Prior to amendment, text of par. (5) read as follows: “The term ‘navigable waters’ means waters of the United States, including the territorial sea.”
Par. (6). Pub. L. 112–213, § 608(6), added par. (6) and struck out former par. (6). Prior to amendment, text read as follows: “The term ‘territorial sea’ means the waters of the United States referred to in Presidential Proclamation No. 5928, dated December 27, 1988.”
Pars. (7), (8). Pub. L. 112–213, § 608(7), redesignated par. (8) as (7). Former par. (7) redesignated (5).
33 U.S.C. § 1957 (NAVIGATION AND NAVIGABLE WATERS)
§ 1957. Relationship to Outer Continental Shelf Lands Act
Nothing in this chapter supersedes, or limits the authority of the Secretary of the Interior under, the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
(Pub. L. 109–449, § 8, Dec. 22, 2006, 120 Stat. 3339.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 109–449, Dec. 22, 2006, 120 Stat. 3333, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1951 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, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1331 of Title 43 and Tables.
33 U.S.C. § 1958 (NAVIGATION AND NAVIGABLE WATERS)
§ 1958. Authorization of appropriations
There are authorized to be appropriated for each fiscal year 2006 through 2010—
(1) to the Administrator for carrying out sections 1952 and 1955 of this title, $10,000,000, of which no more than 10 percent may be for administrative costs; and
(2) to the Secretary of the Department in which the Coast Guard is operating, for the use of the Commandant of the Coast Guard in carrying out section 1953 of this title, $2,000,000, of which no more than 10 percent may be used for administrative costs.
(Pub. L. 109–449, § 9, Dec. 22, 2006, 120 Stat. 3339.)
33 U.S.C. § 2071 (NAVIGATION AND NAVIGABLE WATERS)
§ 2071. Inland navigation rules
The Secretary of the Department in which the Coast Guard is operating may issue inland navigation regulations applicable to all vessels upon the inland waters of the United States and technical annexes that are as consistent as possible with the respective annexes to the International Regulations.
(Pub. L. 96–591, § 3, Dec. 24, 1980, 94 Stat. 3433; Pub. L. 108–293, title III, § 303(b), Aug. 9, 2004, 118 Stat. 1042.)
heading: References in Text
text: The International Regulations, referred to in text, came into effect pursuant to the Convention on the International Regulations for Preventing Collisions at Sea, 1972. See International Regulations for Preventing Collisions at Sea, 1972 note under section 1602 of this title.
heading: Amendments
text: 2004—Pub. L. 108–293 amended section catchline and text generally. Prior to amendment, text read as follows: “The Secretary may issue regulations necessary to implement and interpret this chapter. The Secretary shall establish the following technical annexes to these Rules: Annex I, Positioning and Technical Details of Lights and Shapes; Annex II, Additional Signals for Fishing Vessels Fishing in Close Proximity; Annex III, Technical Details of Sound Appliances; and Annex IV, Distress Signals. These annexes shall be as consistent as possible with the respective annexes to the International Regulations. The Secretary may establish other technical annexes, including local pilot rules.”
33 U.S.C. § 2101 (NAVIGATION AND NAVIGABLE WATERS)
§ 2101. Congressional statement of findings and purpose
(a) The Congress finds that—
(1) although fishery products provide an important source of protein and industrial products for United States consumption, United States fishery production annually falls far short of satisfying United States demand;
(2) overfishing and the degradation of vital fishery resource habitats have caused a reduction in the abundance and diversity of United States fishery resources;
(3) escalated energy costs have had a negative effect on the economics of United States commercial and recreational fisheries;
(4) commercial and recreational fisheries are a prominent factor in United States coastal economies and the direct and indirect returns to the United States economy from commercial and recreational fishing expenditures are threefold; and
(5) properly designed, constructed, and located artificial reefs in waters covered under this chapter can enhance the habitat and diversity of fishery resources; enhance United States recreational and commercial fishing opportunities; increase the production of fishery products in the United States; increase the energy efficiency of recreational and commercial fisheries; and contribute to the United States and coastal economies.
(b) The purpose of this chapter is to promote and facilitate responsible and effective efforts to establish artificial reefs in waters covered under this chapter.
(Pub. L. 98–623, title II, § 202, Nov. 8, 1984, 98 Stat. 3394.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 98–623, which in addition to enacting this chapter also enacted section 1220d of Title 16, Conservation, and amended sections 1220, 1220a, 1220b, and 1220c of Title 16.
heading: Short Title
text: Pub. L. 98–623, title II, § 201, Nov. 8, 1984, 98 Stat. 3394, provided that: “This title [enacting this chapter and section 1220d of Title 16, Conservation, and amending sections 1220 to 1220c of Title 16] may be cited as the ‘National Fishing Enhancement Act of 1984’.”
33 U.S.C. § 2102 (NAVIGATION AND NAVIGABLE WATERS)
§ 2102. Establishment of standards
Based on the best scientific information available, artificial reefs in waters covered under this chapter shall be sited and constructed, and subsequently monitored and managed in a manner which will—
(1) enhance fishery resources to the maximum extent practicable;
(2) facilitate access and utilization by United States recreational and commercial fishermen;
(3) minimize conflicts among competing uses of waters covered under this chapter and the resources in such waters;
(4) minimize environmental risks and risks to personal health and property; and
(5) be consistent with generally accepted principles of international law and shall not create any unreasonable obstruction to navigation.
(Pub. L. 98–623, title II, § 203, Nov. 8, 1984, 98 Stat. 3395.)
33 U.S.C. § 2103 (NAVIGATION AND NAVIGABLE WATERS)
§ 2103. National artificial reef plan
Not later than one year after November 8, 1984, the Secretary of Commerce, in consultation with the Secretary of the Interior, the Secretary of Defense, the Administrator of the Environmental Protection Agency, the Secretary of the Department in which the Coast Guard is operating, the Regional Fishery Managment 1 Councils, interested States, Interstate Fishery Commissions, and representatives of the private sector, shall develop and publish a long-term plan which will meet the purpose of this chapter and be consistent with the standards established under section 2102 of this chapter. The plan must include—
(1) geographic, hydrographic, geologic, biological, ecological, social, economic, and other criteria for siting artificial reefs;
(2) design, material, and other criteria for constructing artificial reefs;
(3) mechanisms and methodologies for monitoring the compliance of artificial reefs with the requirements of permits issued under section 2104 of this title;
(4) mechanisms and methodologies for managing the use of artificial reefs;
(5) a synopsis of existing information on artificial reefs and needs for further research on artificial reef technology and management strategies; and
(6) an evaluation of alternatives for facilitating the transfer of artificial reef construction materials to persons holding permits issued pursuant to section 2104 of this title, including, but not limited to, credits for environmental mitigation and modified tax obligations.
(Pub. L. 98–623, title II, § 204, Nov. 8, 1984, 98 Stat. 3395.)
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.