dreamproit/uscode huggingface dataset:
33 U.S.C. § 1445 (NAVIGATION AND NAVIGABLE WATERS)
§ 1445. Authorization of appropriations
There are authorized to be appropriated for the first fiscal year after October 23, 1972, and for the next two fiscal years thereafter such sums as may be necessary to carry out this subchapter, but the sums appropriated for any such fiscal year may not exceed $6,000,000. There are authorized to be appropriated not to exceed $1,500,000 for the transition period (July 1 through September 30, 1976), not to exceed $5,600,000 for fiscal year 1977, and not to exceed $6,500,000 for fiscal year 1978, not to exceed $11,396,000 for fiscal year 1981, not to exceed $12,000,000 for fiscal year 1982, not to exceed $10,635,000 for fiscal year 1986, not to exceed $11,114,000 for fiscal year 1987, not to exceed $13,500,000 for fiscal year 1989, and not to exceed $14,500,000 for fiscal year 1990.
(Pub. L. 92–532, title II, § 205, formerly § 204, Oct. 23, 1972, 86 Stat. 1061; Pub. L. 94–62, § 3, July 25, 1975, 89 Stat. 303; Pub. L. 94–326, § 3, June 30, 1976, 90 Stat. 725; Pub. L. 95–153, § 2, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–381, § 2, Oct. 6, 1980, 94 Stat. 1523; renumbered § 205 and amended Pub. L. 99–272, title VI, § 6064, Apr. 7, 1986, 100 Stat. 132; Pub. L. 100–627, title I, § 103, Nov. 7, 1988, 102 Stat. 3213.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 205 of Pub. L. 92–532, which was classified to this section, was renumbered section 204 and is classified to section 1444 of this title.
heading: Amendments
text: 1988—Pub. L. 100–627 inserted provision authorizing appropriations not to exceed $13,500,000 for fiscal year 1989 and not to exceed $14,500,000 for fiscal year 1990.
1986—Pub. L. 99–272 inserted provision authorizing appropriations not to exceed $10,635,000 for fiscal year 1986 and not to exceed $11,114,000 for fiscal year 1987.
1980—Pub. L. 96–381 inserted provision authorizing appropriations not to exceed $11,396,000 for fiscal year 1981 and not to exceed $12,000,000 for fiscal year 1982.
1977—Pub. L. 95–153 inserted provision authorizing appropriations not to exceed $6,500,000 for fiscal year 1978.
1976—Pub. L. 94–326 inserted provision authorizing appropriations not to exceed $5,600,000 for fiscal year 1977.
1975—Pub. L. 94–62 inserted provision authorizing appropriations not to exceed $1,500,000 for the transition period (July 1, through Sept. 30, 1976).
33 U.S.C. § 1472 (NAVIGATION AND NAVIGABLE WATERS)
§ 1472. Grave and imminent danger from oil pollution casualties to coastline or related interests of United States; Federal nonliability for Federal preventive measures on the high seas
Whenever a ship collision, stranding, or other incident of navigation or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to the ship or her cargo creates, as determined by the Secretary, a grave and imminent danger to the coastline or related interests of the United States from pollution or threat of pollution of the sea by convention oil or of the sea or atmosphere by a substance other than convention oil which may reasonably be expected to result in major harmful consequences, the Secretary may, except as provided for in section 1479 of this title, without liability for any damage to the owners or operators of the ship, to her cargo or crew, to underwriters or other parties interested therein, take measures on the high seas, in accordance with the provisions of the convention, the protocol and this chapter, to prevent, mitigate, or eliminate that danger.
(Pub. L. 93–248, § 3, Feb. 5, 1974, 88 Stat. 8; Pub. L. 95–302, § 1(2), June 26, 1978, 92 Stat. 344.)
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–302 substituted “convention oil or of the sea or atmosphere by a substance other than convention oil” for “oil”, and “convention, the protocol” for “Convention”.
heading: Statutory Notes and Related Subsidiaries
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. § 1473 (NAVIGATION AND NAVIGABLE WATERS)
§ 1473. Consultations and determinations respecting creation of hazards to human health, etc.; criteria for determinations respecting grave and imminent dangers of major harmful consequences to United States coastline or related interests
(a) The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, shall determine when a substance other than those enumerated in the protocol is liable to create a hazard to human health, to harm living resources, to damage amenities, or to interfere with other legitimate uses of the sea.
(b) In determining whether there is grave and imminent danger of major harmful consequences to the coastline or related interests of the United States, the Secretary shall consider the interests of the United States directly threatened or affected including but not limited to, human health, fish, shellfish, and other living marine resources, wildlife, coastal zone and estuarine activities, and public and private shorelines and beaches.
(Pub. L. 93–248, § 4, Feb. 5, 1974, 88 Stat. 9; Pub. L. 95–302, § 1(3), June 26, 1978, 92 Stat. 344.)
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–302 added subsec. (a), designated existing provisions as subsec. (b), and inserted “human health,” before “fish”.
heading: Statutory Notes and Related Subsidiaries
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. § 1479 (NAVIGATION AND NAVIGABLE WATERS)
§ 1479. Federal liability for unreasonable damages
(a) Payment of compensation
The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in section 1472 of this title.
(b) Jurisdiction
Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Federal Claims, in any district court of the United States, and in those courts enumerated in section 460 of title 28. For purposes of this chapter, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam.
(c) Burden of proof
With respect to intervention for a substance identified pursuant to section 1473(a) of this title, the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.
(Pub. L. 93–248, § 10, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95–302, § 1(4), June 26, 1978, 92 Stat. 345; Pub. L. 97–164, title I, § 161(6), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (b). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
1982—Subsec. (b). Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”.
1978—Subsec. (c). Pub. L. 95–302 added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1982 Amendment
text: Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
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.
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
33 U.S.C. § 1481 (NAVIGATION AND NAVIGABLE WATERS)
§ 1481. Violations; penalties
(a) A person commits a class A misdemeanor if that person—
(1) willfully violates a provision of this chapter or a regulation issued thereunder; or
(2) willfully refuses or fails to comply with any lawful order or direction given pursuant to this chapter; or
(3) willfully obstructs any person who is acting in compliance with an order or direction under this chapter.
(b) In a criminal proceeding for an offense under paragraph (1) or (2) of subsection (a) of this section it shall be a defense for the accused to prove that he used all due diligence to comply with any order or direction that he had reasonable cause to believe that compliance would have resulted in serious risk to human life.
(Pub. L. 93–248, § 12, Feb. 5, 1974, 88 Stat. 10; Pub. L. 101–380, title IV, § 4302(l), Aug. 18, 1990, 104 Stat. 539.)
heading: Editorial Notes
heading: Amendments
text: 1990—Subsec. (a). Pub. L. 101–380 substituted “A person commits a class A misdemeanor if that person” for “Any person who” in introductory provisions and struck out “, shall be fined not more than $10,000 or imprisoned not more than one year, or both” after “under this chapter” in par. (3).
heading: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–302 inserted “, the protocol,” after “convention”.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: References in Text
text: The National Environmental Policy Act, referred to in subsec. (a), probably means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, 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. § 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: Editorial Notes
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. § 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: Editorial Notes
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”.