dreamproit/uscode huggingface dataset:
33 U.S.C. § 1482 (NAVIGATION AND NAVIGABLE WATERS)
§ 1482. Consultation for nomination and nomination of experts, negotiators, etc.; proposal of amendments to list of substances other than convention oil; Presidential acceptance of amendments
(a) Nomination of experts and proposal of amendments to list of substances
The Secretary, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, may nominate individuals to the list of experts provided for in article III of the convention and article II of the protocol and may propose amendments to the list of substances other than convention oil in accordance with article III of the protocol.
(b) Consultations for designation or nomination of negotiators, etc., provided for by convention and protocol
The Secretary of State, in consultation with the Secretary, shall designate or nominate, as appropriate and necessary, the negotiators, conciliators, or arbitrators provided for by the convention and the protocol.
(c) Presidential acceptance of amendments to list of substances other than convention oil in accordance with protocol
The President may accept amendments to the list of substances other than convention oil in accordance with article III of the protocol.
(Pub. L. 93–248, § 13, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95–302, § 1(5), June 26, 1978, 92 Stat. 345.)
heading: Amendments
text: 1978—Subsec. (a). Pub. L. 95–302, § 1(5)(A), inserted provisions relating to applicability of article II of the protocol and provisions for proposal of amendments to the list of substances other than convention oil.
Subsec. (b). Pub. L. 95–302, § 1(5)(B), substituted “protocol” for “annexes thereto”.
Subsec. (c). Pub. L. 95–302, § 1(5)(C), added subsec. (c).
heading: Effective Date of 1978 Amendment
text: For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title.
33 U.S.C. § 1483 (NAVIGATION AND NAVIGABLE WATERS)
§ 1483. Foreign government ships; immunity
No measures may be taken under authority of this chapter against any warship or other ship owned or operated by a country and used, for the time being, only on Government noncommercial service.
(Pub. L. 93–248, § 14, Feb. 5, 1974, 88 Stat. 10.)
33 U.S.C. § 1484 (NAVIGATION AND NAVIGABLE WATERS)
§ 1484. Interpretation and administration; other right, duty, privilege, or immunity and other remedy unaffected
This chapter shall be interpreted and administered in a manner consistent with the convention, the protocol, and other international law. Except as specifically provided, nothing in this chapter may be interpreted to prejudice any otherwise applicable right, duty, privilege, or immunity or deprive any country or person of any remedy otherwise applicable.
(Pub. L. 93–248, § 15, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95–302, § 1(6), June 26, 1978, 92 Stat. 345.)
heading: Amendments
text: 1978—Pub. L. 95–302 inserted “, the protocol,” after “convention”.
heading: Effective Date of 1978 Amendment
text: For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title.
33 U.S.C. § 1486 (NAVIGATION AND NAVIGABLE WATERS)
§ 1486. Oil Spill Liability Trust Fund
The Oil Spill Liability Trust Fund shall be available to the Secretary for actions taken under sections 1474 and 1476 of this title.
(Pub. L. 93–248, § 17, Feb. 5, 1974, 88 Stat. 10; Pub. L. 101–380, title II, § 2001, Aug. 18, 1990, 104 Stat. 506.)
heading: Amendments
text: 1990—Pub. L. 101–380 amended section generally. Prior to amendment, section read as follows: “The revolving fund established under section 1321(k) of this title shall be available to the Secretary for Federal actions and activities under section 1474 of this title.”
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–380 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 this title.
33 U.S.C. § 1487 (NAVIGATION AND NAVIGABLE WATERS)
§ 1487. Effective date
This chapter shall be effective upon February 5, 1974, or upon the date the convention becomes effective as to the United States, whichever is later.
(Pub. L. 93–248, § 18, Feb. 5, 1974, 88 Stat. 10.)
heading: References in Text
text: The date the convention became effective as to the United States, referred to in text, is May 6, 1975.
heading: Effective Date of 1978 Amendment
text: Pub. L. 95–302, § 2, June 26, 1978, 92 Stat. 345, provided that: “This Act [amending sections 1471 to 1473, 1479, 1482, and 1484 of this title] shall be effective upon the date of enactment [June 26, 1978], or upon the date the protocol becomes effective as to the United States, whichever is later.”
[The protocol was adopted by the United States on Sept. 7, 1978, to be effective as to the United States upon its adoption by 15 countries. The protocol became effective as to the United States Mar. 30, 1983.
33 U.S.C. § 1505 (NAVIGATION AND NAVIGABLE WATERS)
§ 1505. Environmental review criteria
(a) Establishment; evaluation of proposed deepwater ports
The Secretary, in accordance with the recommendations of the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration and after consultation with any other Federal departments and agencies having jurisdiction over any aspect of the construction or operation of a deepwater port, shall establish, as soon as practicable after January 3, 1975, environmental review criteria consistent with the National Environmental Policy Act [42 U.S.C. 4321 et seq.]. Such criteria shall be used to evaluate a deepwater port as proposed in an application, including—
(1) the effect on the marine environment;
(2) the effect on oceanographic currents and wave patterns;
(3) the effect on alternate uses of the oceans and navigable waters, such as scientific study, fishing, and exploitation of other living and nonliving resources;
(4) the potential dangers to a deepwater port from waves, winds, weather, and geological conditions, and the steps which can be taken to protect against or minimize such dangers;
(5) effects of land-based developments related to deepwater port development;
(6) the effect on human health and welfare; and
(7) such other considerations as the Secretary deems necessary or appropriate.
(b) Review and revision
The Secretary shall periodically review and, whenever necessary, revise in the same manner as originally developed, criteria established pursuant to subsection (a) of this section.
(c) Concurrent development of criteria and regulations
Criteria established pursuant to this section shall be developed concurrently with the regulations in subsection (a) of section 1504 of this title and in accordance with the provisions of that subsection.
(Pub. L. 93–627, § 6, Jan. 3, 1975, 88 Stat. 2135.)
heading: References in Text
text: The National Environmental Policy Act, referred to in subsec. (a), is Pub. L. 91–190, § 2, Jan. 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 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 section 4321 of Title 42 and Tables.
33 U.S.C. § 1506 (NAVIGATION AND NAVIGABLE WATERS)
§ 1506. Repealed. Pub. L. 104–324, title V, § 506, Oct. 19, 1996, 110 Stat. 3927
text: Section, Pub. L. 93–627, § 7, Jan. 3, 1975, 88 Stat. 2135; Pub. L. 98–419, § 2(g), (h), Sept. 25, 1984, 98 Stat. 1607, provided for antitrust review by Attorney General and Federal Trade Commission prior to issuance of license for ownership, construction, and operation of deepwater port.
33 U.S.C. § 1509 (NAVIGATION AND NAVIGABLE WATERS)
§ 1509. Marine environmental protection and navigational safety
(a) Regulations and procedures
Subject to recognized principles of international law and the provision of adequate opportunities for public involvement, the Secretary shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual, with respect to rules governing vessel movement, loading and unloading procedures, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required (A) to prevent pollution of the marine environment, (B) to clean up any pollutants which may be discharged, and (C) to otherwise prevent or minimize any adverse impact from the construction and operation of such deepwater port.
(b) Safety of property and life; regulations
The Secretary shall issue and enforce regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto.
(c) Marking of components; payment of cost
The Secretary shall mark, for the protection of navigation, any component of a deepwater port whenever the licensee fails to mark such component in accordance with applicable regulations. The licensee shall pay the cost of such marking.
(d) Safety zones; designation; construction period; permitted activities
(1) Subject to recognized principles of international law and after consultation with the Secretary of the Interior, the Secretary of Commerce, the Secretary of State, and the Secretary of Defense, the Secretary shall designate a zone of appropriate size around and including any deepwater port for the purpose of navigational safety. In such zone, no installations, structures, or uses will be permitted that are incompatible with the operation of the deepwater port. The Secretary shall by regulation define permitted activities within such zone. The Secretary shall, not later than 30 days after publication of notice pursuant to section 1504(c) of this title, designate such safety zone with respect to any proposed deepwater port.
(2) In addition to any other regulations, the Secretary is authorized, in accordance with this subsection, to establish a safety zone to be effective during the period of construction of a deepwater port and to issue rules and regulations relating thereto.
(Pub. L. 93–627, § 10, Jan. 3, 1975, 88 Stat. 2137; Pub. L. 104–324, title V, § 508, Oct. 19, 1996, 110 Stat. 3927.)
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–324, § 507(a), inserted “and the provision of adequate opportunities for public involvement” after “international law” and substituted “shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual, with respect to” for “shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to,”.
33 U.S.C. § 1510 (NAVIGATION AND NAVIGABLE WATERS)
§ 1510. International agreements
The Secretary of State, in consultation with the Secretary, shall seek effective international action and cooperation in support of the policy and purposes of this chapter and may formulate, present, or support specific proposals in the United Nations and other competent international organizations for the development of appropriate international rules and regulations relative to the construction, ownership, and operation of deepwater ports, with particular regard for measures that assure protection of such facilities as well as the promotion of navigational safety in the vicinity thereof.
(Pub. L. 93–627, § 11, Jan. 3, 1975, 88 Stat. 2138.)
33 U.S.C. § 1511 (NAVIGATION AND NAVIGABLE WATERS)
§ 1511. Suspension or termination of licenses
(a) Proceedings by Attorney General; venue; conditions subsequent
Whenever a licensee fails to comply with any applicable provision of this chapter, or any applicable rule, regulation, restriction, or condition issued or imposed by the Secretary under the authority of this chapter, the Attorney General, at the request of the Secretary, may file an appropriate action in the United States district court nearest to the location of the proposed or actual deepwater port, as the case may be, or in the district in which the licensee resides or may be found, to—
(1) suspend the license; or
(2) if such failure is knowing and continues for a period of thirty days after the Secretary mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license.
No proceeding under this subsection is necessary if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition, event, or time.
(b) Public health or safety; danger to environment; completion of proceedings
If the Secretary determines that immediate suspension of the construction or operation of a deepwater port or any component thereof is necessary to protect public health or safety or to eliminate imminent and substantial danger to the environment, he shall order the licensee to cease or alter such construction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section.
(Pub. L. 93–627, § 12, Jan. 3, 1975, 88 Stat. 2138.)
heading: Codification
text: In subsec. (a), “chapter” substituted for “title” to conform to other substitutions for “Act” and as reflecting intent of Congress manifest throughout Pub. L. 93–627 in the use of the term “Act”.
33 U.S.C. § 1512 (NAVIGATION AND NAVIGABLE WATERS)
§ 1512. Recordkeeping and inspection
(a) Regulations; regulations under other provisions unaffected
Each licensee shall establish and maintain such records, make such reports, and provide such information as the Secretary, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provision of this chapter. Such regulations shall not amend, contradict or duplicate regulations established pursuant to part I of the Interstate Commerce Act or any other law. Each licensee shall submit such reports and shall make such records and information available as the Secretary may request.
(b) Access to deepwater ports in enforcement proceedings and execution of official duties; inspections and tests; notification of results
All United States officials, including those officials responsible for the implementation and enforcement of United States laws applicable to a deepwater port, shall at all times be afforded reasonable access to a deepwater port licensed under this chapter for the purpose of enforcing laws under their jurisdiction or otherwise carrying out their responsibilities. Each such official may inspect, at reasonable times, records, files, papers, processes, controls, and facilities and may test any feature of a deep water port. Each inspection shall be conducted with reasonable promptness, and such licensee shall be notified of the results of such inspection.
(Pub. L. 93–627, § 13, Jan. 3, 1975, 88 Stat. 2139.)
heading: References in Text
text: The Interstate Commerce Act, referred to in subsec. (a), is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended. Part I of the Act, which was classified to chapter 1 (§ 1 et seq.) of former Title 49, Transportation, was repealed by Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see Table at the beginning of Title 49.
33 U.S.C. § 1513 (NAVIGATION AND NAVIGABLE WATERS)
§ 1513. Public access to information
(a) Inspection of copies; reproduction costs; protected information
Copies of any communication, document, report, or information transmitted between any official of the Federal Government and any person concerning a deepwater port (other than contracts referred to in section 1504(c)(2)(B) of this title) shall be made available to the public for inspection, and shall be available for the purpose of reproduction at a reasonable cost, to the public upon identifiable request, unless such information may not be publicly released under the terms of subsection (b) of this section. Except as provided in subsection (b) of this section, nothing contained in this section shall be construed to require the release of any information of the kind described in subsection (b) of section 552 of title 5 or which is otherwise protected by law from disclosure to the public.
(b) Information disclosure prohibition; confidentiality of certain disclosures
The Secretary shall not disclose information obtained by him under this chapter that concerns or relates to a trade secret, referred to in section 1905 of title 18, or to a contract referred to in section 1504(c)(2)(B) of this title, except that such information may be disclosed, in a manner which is designed to maintain confidentiality—
(1) to other Federal and adjacent coastal State government departments and agencies for official use, upon request;
(2) to any committee of Congress having jurisdiction over the subject matter to which the information relates, upon request;
(3) to any person in any judicial proceeding, under a court order formulated to preserve such confidentiality without impairing the proceedings; and
(4) to the public in order to protect health and safety, after notice and opportunity for comment in writing or for discussion in closed session within fifteen days by the party to which the information pertains (if the delay resulting from such notice and opportunity for comment would not be detrimental to the public health and safety).
(Pub. L. 93–627, § 14, Jan. 3, 1975, 88 Stat. 2139.)
33 U.S.C. § 1515 (NAVIGATION AND NAVIGABLE WATERS)
§ 1515. Citizen civil action
(a) Equitable relief; case or controversy; district court jurisdiction
Except as provided in subsection (b) of this section, any person may commence a civil action for equitable relief on his own behalf, whenever such action constitutes a case or controversy—
(1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any provision of this chapter or any condition of a license issued pursuant to this chapter; or
(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. Any action brought against the Secretary under this paragraph shall be brought in the district court for the District of Columbia or the district of the appropriate adjacent coastal State.
In suits brought under this chapter, the district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any provision of this chapter or any condition of a license issued pursuant to this chapter, or to order the Secretary to perform such act or duty, as the case may be.
(b) Notice; intervention of right by person
No civil action may be commenced—
(1) under subsection (a)(1) of this section—
(A) prior to 60 days after the plaintiff has given notice of the violation (i) to the Secretary and (ii) to any alleged violator; or
(B) if the Secretary or the Attorney General has commenced and is diligently prosecuting a civil or criminal action with respect to such matters in a court of the United States, but in any such action any person may intervene as a matter of right; or
(2) under subsection (a)(2) of this section prior to 60 days after the plaintiff has given notice of such action to the Secretary.
Notice under this subsection shall be given in such a manner as the Secretary shall prescribe by regulation.
(c) Intervention of right by Secretary or Attorney General
In any action under this section, the Secretary or the Attorney General, if not a party, may intervene as a matter of right.
(d) Costs of litigation; attorney and witness fees
The Court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines that such an award is appropriate.
(e) Statutory or common law rights unaffected
Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement or to seek any other relief.
(Pub. L. 93–627, § 16, Jan. 3, 1975, 88 Stat. 2140.)
33 U.S.C. § 1516 (NAVIGATION AND NAVIGABLE WATERS)
§ 1516. Judicial review; persons aggrieved; jurisdiction of courts of appeal
Any person suffering legal wrong, or who is adversely affected or aggrieved by the Secretary’s decision to issue, transfer, modify, renew, suspend, or revoke a license may, not later than 60 days after any such decision is made, seek judicial review of such decision in the United States Court of Appeals for the circuit within which the nearest adjacent coastal State is located. A person shall be deemed to be aggrieved by the Secretary’s decision within the meaning of this chapter if he—
(A) has participated in the administrative proceedings before the Secretary (or if he did not so participate, he can show that his failure to do so was caused by the Secretary’s failure to provide the required notice); and
(B) is adversely affected by the Secretary’s action.
(Pub. L. 93–627, § 17, Jan. 3, 1975, 88 Stat. 2141.)
33 U.S.C. § 1517 (NAVIGATION AND NAVIGABLE WATERS)
§ 1517. Repealed. Pub. L. 101–380, title II, § 2003(a)(2), Aug. 18, 1990, 104 Stat. 507
text: Section, Pub. L. 93–627, § 18, Jan. 3, 1975, 88 Stat. 2141; Pub. L. 98–419, § 4(a), Sept. 25, 1984, 98 Stat. 1608, set penalties for discharge of oil into marine environment and provided for creation and maintenance of a Deepwater Port Liability Fund.
heading: Deepwater Port Liability Fund
text: Amounts remaining in Deepwater Port Liability Fund established under former subsec. (f) of this section to be deposited in 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 Deepwater Port Liability Fund, see section 2003(b) of Pub. L. 101–380, set out as a note under section 9509 of Title 26.
heading: Effective Date of Repeal
text: 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 this title.
33 U.S.C. § 1517a (NAVIGATION AND NAVIGABLE WATERS)
§ 1517a. Omitted
heading: Codification
text: Section, Pub. L. 101–164, title I, Nov. 21, 1989, 103 Stat. 1073, which authorized Secretary of Transportation to issue, and Secretary of the Treasury to purchase, notes or other obligations to meet obligations of Deepwater Port Liability Fund, applied to fiscal year ending Sept. 30, 1990, and was not repeated in subsequent appropriation acts.
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2128.
Pub. L. 100–202, § 101(l) [title I], Dec. 22, 1987, 101 Stat. 1329–358, 1329–361.
Pub. L. 99–500, § 101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l) [H.R. 5205, title I], Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, § 101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 1270.
Pub. L. 98–473, title I, § 101(i) [title I], Oct. 12, 1984, 98 Stat. 1944, 1947.
Pub. L. 98–78, title I, Aug. 15, 1983, 97 Stat. 455.
Pub. L. 97–369, title I, Dec. 18, 1982, 95 Stat. 1767.
Pub. L. 97–102, title I, Dec. 23, 1981, 95 Stat. 1444.
Pub. L. 97–12, title I, June 5, 1981, 95 Stat. 67.
33 U.S.C. § 1519 (NAVIGATION AND NAVIGABLE WATERS)
§ 1519. Repealed. Pub. L. 104–66, title I, § 1121(a), Dec. 21, 1995, 109 Stat. 724
text: Section, Pub. L. 93–627, § 20, Jan. 3, 1975, 88 Stat. 2146, related to annual report and recommendations by Secretary of Transportation to Congress.