dreamproit/uscode huggingface dataset:
33 U.S.C. § 3844 (NAVIGATION AND NAVIGABLE WATERS)
§ 3844. Additional authority of the Administrator
The Administrator, in consultation with the Secretary, may establish, as necessary, terms and conditions regarding the removal and disposal of antifouling systems prohibited or restricted under this chapter.
(Pub. L. 111–281, title X, § 1034, Oct. 15, 2010, 124 Stat. 3029.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3853 (NAVIGATION AND NAVIGABLE WATERS)
§ 3853. Liability in rem
A vessel operated in violation of the Convention, this chapter, or any regulation prescribed under this chapter, is liable in rem for any fine imposed under title 18 or civil penalty assessed pursuant to section 3852 of this title, and may be proceeded against in the United States district court of any district in which the vessel may be found.
(Pub. L. 111–281, title X, § 1043, Oct. 15, 2010, 124 Stat. 3031; Pub. L. 111–330, § 1(20), Dec. 22, 2010, 124 Stat. 3571.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
heading: Amendments
text: 2010—Pub. L. 111–330 substituted “under title 18” for “under section 18”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2010 Amendment
text: Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(20) is effective with the enactment of Pub. L. 111–281.
33 U.S.C. § 3854 (NAVIGATION AND NAVIGABLE WATERS)
§ 3854. Vessel clearance or permits; refusal or revocation; bond or other surety
If any vessel that is subject to the Convention or this chapter, or its owner, operator, or person in charge, is liable for a fine or civil penalty under section 3852 or 3853 of this title, or if reasonable cause exists to believe that the vessel, its owner, operator, or person in charge may be subject to a fine or civil penalty under section 3852 or 3853 of this title, the Secretary may refuse or revoke the clearance required by section 60105 of title 46. Clearance may be granted upon the filing of a bond or other surety satisfaction to the Secretary.
(Pub. L. 111–281, title X, § 1044, Oct. 15, 2010, 124 Stat. 3031.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3855 (NAVIGATION AND NAVIGABLE WATERS)
§ 3855. Warnings, detentions, dismissals, exclusion
(a) In general
If a vessel is detected to be in violation of the Convention, this chapter, or any regulation prescribed under this chapter, the Secretary may warn, detain, dismiss, or exclude the vessel from any port or offshore terminal under the jurisdiction of the United States.
(b) Notifications
If action is taken under subsection (a), the Secretary, in consultation with the Secretary of State, shall make the notifications required by the Convention.
(Pub. L. 111–281, title X, § 1045, Oct. 15, 2010, 124 Stat. 3031.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3856 (NAVIGATION AND NAVIGABLE WATERS)
§ 3856. Referrals for appropriate action by foreign country
Notwithstanding sections 3851, 3852, 3853, and 3855 of this title, if a violation of the Convention is committed by a vessel registered in or of the nationality of a country that is a party to the Convention, or by a vessel operated under the authority of a country that is a party to the Convention, the Secretary, acting in coordination with the Secretary of State, may refer the matter to the government of the country of the vessel’s registry or nationality, or under whose authority the vessel is operating, for appropriate action, rather than taking the actions otherwise required or authorized by this subchapter.
(Pub. L. 111–281, title X, § 1046, Oct. 15, 2010, 124 Stat. 3031.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle D (§§ 1041–1048) of title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3029, which enacted this subchapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of subtitle D to the Code, see Tables.
33 U.S.C. § 3857 (NAVIGATION AND NAVIGABLE WATERS)
§ 3857. Remedies not affected
(a) In general
Nothing in this chapter limits, denies, amends, modifies, or repeals any other remedy available to the United States.
(b) Relationship to State and local law
Nothing in this chapter limits, denies, amends, modifies, or repeals any rights under existing law, of any State, territory, or possession of the United States, or any political subdivision thereof, to regulate any antifouling system. Compliance with the requirements of a State, territory, or possession of the United States, or political subdivision thereof related to antifouling paint or any other antifouling system does not relieve any person of the obligation to comply with this chapter.
(Pub. L. 111–281, title X, § 1047, Oct. 15, 2010, 124 Stat. 3031.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3902 (NAVIGATION AND NAVIGABLE WATERS)
§ 3902. Authority to provide assistance
(a) In general
The Secretary and the Administrator may provide financial assistance under this chapter to carry out projects, which shall be selected to ensure a diversity of project types and geographical locations.
(b) Responsibility
(1) Secretary
The Secretary shall provide financial assistance to carry out all projects under this chapter that are eligible projects under section 3905(1) of this title.
(2) Administrator
The Administrator shall provide financial assistance to carry out all projects under this chapter that are eligible projects under paragraphs (2), (3), (4), (5), (6), (7), and (9) of section 3905 of this title.
(3) Other projects
The Secretary or the Administrator, as applicable, may carry out eligible projects under paragraph (8) or (10) of section 3905 of this title.
(Pub. L. 113–121, title V, § 5023, June 10, 2014, 128 Stat. 1333; Pub. L. 114–322, title IV, § 5008(a), (b)(2)(A), Dec. 16, 2016, 130 Stat. 1896, 1897; Pub. L. 115–270, title IV, § 4201(a)(1), Oct. 23, 2018, 132 Stat. 3877.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–270, § 4201(a)(1)(A), struck out “pilot” before “projects”.
Subsec. (b)(1). Pub. L. 115–270, § 4201(a)(1), substituted “provide financial assistance to carry out all projects” for “carry out all pilot projects”.
Subsec. (b)(2). Pub. L. 115–270, § 4201(a)(1)(A), struck out “pilot” after “all”.
2016—Subsec. (b)(2). Pub. L. 114–322, § 5008(b)(2)(A)(i), substituted “(7), and (9)” for “and (8)”.
Pub. L. 114–322, § 5008(a), substituted “provide financial assistance to carry out” for “carry out”.
Subsec. (b)(3). Pub. L. 114–322, § 5008(b)(2)(A)(ii), substituted “paragraph (8) or (10)” for “paragraph (7) or (9)”.
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 3903 (NAVIGATION AND NAVIGABLE WATERS)
§ 3903. Applications
(a) In general
To receive assistance under this chapter, an eligible entity shall submit to the Secretary or the Administrator, as applicable, an application at such time, in such manner, and containing such information as the Secretary or the Administrator may require.
(b) Combined projects
In the case of an eligible project described in paragraph (9) or (10) of section 3905 of this title, the Secretary or the Administrator, as applicable, shall require the eligible entity to submit a single application for the combined group of projects.
(Pub. L. 113–121, title V, § 5024, June 10, 2014, 128 Stat. 1333; Pub. L. 114–322, title IV, § 5008(b)(2)(B), Dec. 16, 2016, 130 Stat. 1897.)
heading: Editorial Notes
heading: Amendments
text: 2016—Subsec. (b). Pub. L. 114–322 substituted “paragraph (9) or (10)” for “paragraph (8) or (9)”.
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 3906 (NAVIGATION AND NAVIGABLE WATERS)
§ 3906. Activities eligible for assistance
For purposes of this chapter, an eligible activity with respect to an eligible project includes the cost of—
(1) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;
(2) construction, reconstruction, rehabilitation, and replacement activities;
(3) the acquisition of real property or an interest in real property (including water rights, land relating to the project, and improvements to land), environmental mitigation (including acquisitions pursuant to section 3905(8) of this title), construction contingencies, and acquisition of equipment; and
(4) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.
(Pub. L. 113–121, title V, § 5027, June 10, 2014, 128 Stat. 1335; Pub. L. 114–322, title IV, § 5008(b)(2)(C), Dec. 16, 2016, 130 Stat. 1897.)
heading: Editorial Notes
heading: Amendments
text: 2016—Par. (3). Pub. L. 114–322 substituted “section 3905(8)” for “section 3905(7)”.
33 U.S.C. § 3911 (NAVIGATION AND NAVIGABLE WATERS)
§ 3911. Regulations
The Secretary or the Administrator, as applicable, may promulgate such regulations as the Secretary or Administrator determines to be appropriate to carry out this chapter.
(Pub. L. 113–121, title V, § 5032, June 10, 2014, 128 Stat. 1342.)
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 4001a (NAVIGATION AND NAVIGABLE WATERS)
§ 4001a. Consultation required
In developing the assessments, reports, and plans under the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, the Task Force shall consult with the coastal States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and nongovernmental organizations with expertise in coastal zone science and management.
(Pub. L. 108–456, title I, § 102 (part), Dec. 10, 2004, 118 Stat. 3630; Pub. L. 115–423, § 9(f), Jan. 7, 2019, 132 Stat. 5463.)
heading: Editorial Notes
heading: References in Text
text: The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, referred to in text, is title VI of Pub. L. 105–383, Nov. 13, 1998, 112 Stat. 3447, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note under section 4001 of this title and Tables.
heading: Codification
text: Section is comprised of part of section 102 of Pub. L. 108–456. Remainder of section 102 amended section 4001 of this title.
Section was enacted as part of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, and not as part of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 which comprises this chapter.
Section was formerly set out as a note under section 1451 of Title 16, Conservation.
heading: Amendments
text: 2019—Pub. L. 115–423 substituted “the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998” for “the amendments made by this title”.
33 U.S.C. § 4004 (NAVIGATION AND NAVIGABLE WATERS)
§ 4004. Northern Gulf of Mexico hypoxia
(a) Initial progress reports
Beginning not later than 12 months after June 30, 2014, and biennially thereafter, the Administrator, through the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, shall submit a progress report to the appropriate congressional committees and the President that describes the progress made by activities directed by the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force and carried out or funded by the Environmental Protection Agency and other State and Federal partners toward attainment of the goals of the Gulf Hypoxia Action Plan 2008.
(b) Contents
Each report required under this section shall—
(1) assess the progress made toward nutrient load reductions, the response of the hypoxic zone and water quality throughout the Mississippi/Atchafalaya River Basin, and the economic and social effects;
(2) evaluate lessons learned; and
(3) recommend appropriate actions to continue to implement or, if necessary, revise the strategy set forth in the Gulf Hypoxia Action Plan 2008.
(Pub. L. 105–383, title VI, § 604, Nov. 13, 1998, 112 Stat. 3449; Pub. L. 113–124, § 7, June 30, 2014, 128 Stat. 1384.)
heading: Editorial Notes
heading: Codification
text: Section was formerly set out in a note under section 1451 of Title 16, Conservation.
heading: Amendments
text: 2014—Pub. L. 113–124 amended section generally. Prior to amendment, section required the Task Force to submit an integrated assessment of hypoxia in the northern Gulf of Mexico and develop a plan for reducing, mitigating, and controlling such hypoxia.
33 U.S.C. § 4006 (NAVIGATION AND NAVIGABLE WATERS)
§ 4006. Protection of States’ rights
(a) Nothing in this chapter shall be interpreted to adversely affect existing State regulatory or enforcement power which has been granted to any State through the Clean Water Act [33 U.S.C. 1251 et seq.] or Coastal Zone Management Act of 1972 [16 U.S.C. 1451 et seq.].
(b) Nothing in this chapter shall be interpreted to expand the regulatory or enforcement power of the Federal Government which has been delegated to any State through the Clean Water Act or Coastal Zone Management Act of 1972.
(Pub. L. 105–383, title VI, § 606, Nov. 13, 1998, 112 Stat. 3450.)
heading: Editorial Notes
heading: References in Text
text: The Clean Water Act, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is classified generally to chapter 26 (§ 1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.
The Coastal Zone Management Act of 1972, referred to in text, is title III of Pub. L. 89–454, as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables.
heading: Codification
text: Section was formerly set out in a note under section 1451 of Title 16, Conservation.
33 U.S.C. § 4009 (NAVIGATION AND NAVIGABLE WATERS)
§ 4009. Authorization of appropriations
(a) In general
There is authorized to be appropriated to the Under Secretary to carry out sections 4002 and 4003 of this title $20,500,000 for each of fiscal years 2014 through 2018, and $20,500,000 for each of fiscal years 2019 through 2023.
(b) Extramural research activities
The Under Secretary shall ensure that a substantial portion of funds appropriated pursuant to subsection (a) that are used for research purposes are allocated to extramural research activities. For each fiscal year, the Under Secretary shall publish a list of all grant recipients and the amounts for all of the funds allocated for research purposes, specifying those allocated for extramural research activities.
(Pub. L. 105–383, title VI, § 609, as added Pub. L. 113–124, § 11, June 30, 2014, 128 Stat. 1386; amended Pub. L. 115–423, § 9(h), Jan. 7, 2019, 132 Stat. 5464.)
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (a). Pub. L. 115–423 inserted “, and $20,500,000 for each of fiscal years 2019 through 2023” before period at end.
33 U.S.C. § 4101 (NAVIGATION AND NAVIGABLE WATERS)
§ 4101. Definitions
In this chapter:
(1) Administration
The term “Administration” means the National Oceanic and Atmospheric Administration.
(2) Administrator
The term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration.
(3) Cooperative activities of the Administration
The terms 1 “cooperative activities of the Administration” means cooperative activities between the Administration and an external entity, such as the Cooperative Institutes, Sea Grant Colleges, National Estuarine Research Reserves, the National Oceanographic Partnership Program established under chapter 665 of title 10, and regional associations of the Integrated Ocean Observing System.
(4) Data specifications
The term “data specifications” shall refer to the type, resolution, periodicity, and quality of data required by an program of the Administration.
(5) Test or training range
(A) In general
The term “test or training range” means an area designated for operating unmanned maritime systems and other types of systems for the purpose of—
(i) evaluating the performance of such systems; or
(ii) training personnel on operating procedures for such systems.
(B) Inclusions
The term “test or training range” may include specialized fixed or portable instrumentation for the operation of unmanned maritime systems and other types of systems.
(6) Unmanned maritime systems
(A) In general
The term “unmanned maritime systems” means remotely operated or autonomous vehicles produced by the commercial sector—
(i) designed to function without an on-board human presence; and
(ii) that may include associated components such as control and communications, instrumentation, data transmission, and processing systems.
(B) Examples
The term “unmanned maritime systems” includes the following:
(i) Unmanned undersea vehicles.
(ii) Unmanned surface vehicles.
(iii) Autonomous underwater vehicles.
(iv) Autonomous surface vehicles.
(C) Treatment of aerial vehicles
The term “unmanned maritime systems” includes unmanned aerial vehicles and autonomous aerial vehicles that are used to address maritime issues to the extent the Administrator determines it is necessary and appropriate to achieve the purposes of this chapter.
(Pub. L. 115–394, § 2, Dec. 21, 2018, 132 Stat. 5281.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 115–394, § 1(a), Dec. 21, 2018, 132 Stat. 5281, provided that: “This Act [enacting this chapter] may be cited as the ‘Commercial Engagement Through Ocean Technology Act of 2018’ or the ‘CENOTE Act of 2018’.”
33 U.S.C. § 4211 (NAVIGATION AND NAVIGABLE WATERS)
§ 4211. Establishment and purposes of Foundation
(a) Establishment
There is established the Marine Debris Foundation (in this subchapter referred to as the “Foundation”). The Foundation is a charitable and nonprofit organization and is not an agency or establishment of the United States.
(b) Purposes
The purposes of the Foundation are—
(1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the National Oceanic and Atmospheric Administration under the Marine Debris Program established under section 1952 of this title, and other relevant programs and agencies;
(2) to undertake and conduct such other activities as will augment efforts of the National Oceanic and Atmospheric Administration to assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris on the economy of the United States, the marine environment, and navigation safety;
(3) to participate with, and otherwise assist, State, local, and Tribal governments, foreign governments, entities, and individuals in undertaking and conducting activities to assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris and its root causes on the economy of the United States, the marine environment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries), and navigation safety;
(4) subject to an agreement with the Secretary of Commerce, administer the Genius Prize for Save Our Seas Innovation as described in title II; 1 and
(5) to support other Federal actions to reduce marine debris.
(Pub. L. 116–224, title I, § 111, Dec. 18, 2020, 134 Stat. 1075.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in subsec. (a), in the original “this title”, meaning title I of Pub. L. 116–224, Dec. 18, 2020, 134 Stat. 1074, which is classified principally to this subchapter. For complete classification of this title to the Code, see Tables.
Title II, referred to in subsec. (b)(4), means title II of Pub. L. 116–224, which is classified generally to subchapter II of this chapter, but probably should have been a reference to subtitle C of title I of Pub. L. 116–224, which is classified generally to part B of this subchapter and relates to the Genius Prize for Save Our Seas Innovations.
33 U.S.C. § 4215 (NAVIGATION AND NAVIGABLE WATERS)
§ 4215. Volunteer status
The Secretary of Commerce may accept, without regard to the civil service classification laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the Department of Commerce, as volunteers in the performance of the functions authorized in this subchapter.
(Pub. L. 116–224, title I, § 115, Dec. 18, 2020, 134 Stat. 1079.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was the in the original “this title”, meaning title I of Pub. L. 116–224, Dec. 18, 2020, 134 Stat. 1074, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.