dreamproit/uscode huggingface dataset:
43 U.S.C. § 3207 (PUBLIC LANDS)
§ 3207. Multi-benefit projects to improve watershed health
(a) Definition of eligible applicant
In this section, the term “eligible applicant” means—
(1) a State;
(2) a Tribal or local government;
(3) an organization with power or water delivery authority;
(4) a regional authority; or
(5) a nonprofit conservation organization.
(b) Establishment of competitive grant program
Not later than 1 year after November 15, 2021, the Secretary, in consultation with the heads of relevant agencies, shall establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design, implementation, and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a river basin that is adversely impacted by a Bureau of Reclamation water project by accomplishing 1 or more of the following:
(1) Ecosystem benefits.
(2) Restoration of native species.
(3) Mitigation against the impacts of climate change to fish and wildlife habitats.
(4) Protection against invasive species.
(5) Restoration of aspects of the natural ecosystem.
(6) Enhancement of commercial, recreational, subsistence, or Tribal ceremonial fishing.
(7) Enhancement of river-based recreation.
(c) Requirements
(1) In general
In awarding a grant to an eligible applicant under subsection (b), the Secretary—
(A) shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than 1 of the benefits described in that subsection; and
(B) may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations under Federal or State law.
(2) Compliance
A habitat restoration project awarded a grant under subsection (b) shall comply with all applicable Federal and State laws.
(d) Cost-sharing requirement
The Federal share of the cost of any habitat restoration project that is awarded a grant under subsection (b)—
(1) shall not exceed 50 percent of the cost of the habitat restoration project; or
(2) in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least 75 percent of the cost of the habitat restoration project, as determined by the Secretary, shall not exceed 75 percent of the cost of the habitat restoration project.
(Pub. L. 117–58, div. D, title IX, § 40907, Nov. 15, 2021, 135 Stat. 1125.)
heading: Statutory Notes and Related Subsidiaries
heading: Wage Rate Requirements
text: For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.
43 U.S.C. § 3208 (PUBLIC LANDS)
§ 3208. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects
(a) In general
The Secretary, at the request of and in coordination with affected Indian Tribes, States (including subdivisions and departments of a State), or a public agency organized pursuant to State law, may provide technical or financial assistance for, participate in, and enter into agreements (including agreements with irrigation entities) for—
(1) groundwater recharge projects;
(2) aquifer storage and recovery projects; or
(3) water source substitution for aquifer protection projects.
(b) Limitation
Nothing in this section authorizes additional technical or financial assistance for, or participation in an agreement for, a surface water storage facility to be constructed or expanded.
(c) Requirement
A construction project shall only be eligible for financial assistance under this section if the project meets the conditions for funding under section 3202(a)(2)(C)(ii) of this title.
(d) Cost sharing
Cost sharing for a project funded under this section shall be in accordance with section 3202(b) of this title.
(e) Environmental laws
In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including —
(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2) any obligations for fish, wildlife, or water quality protection in permits or licenses granted by a Federal agency or a State; and
(3) any applicable Federal or State laws (including regulations).
(f) Authorization by Congress for major project construction
A project with a total estimated cost of $500,000,000 or more shall only be eligible for construction funding under this section if the project is authorized for construction by an Act of Congress.
(Pub. L. 117–58, div. D, title IX, § 40910, Nov. 15, 2021, 135 Stat. 1126.)
heading: Editorial Notes
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (e)(1), is 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.
heading: Statutory Notes and Related Subsidiaries
heading: Wage Rate Requirements
text: For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.
46 U.S.C. § 40101 (SHIPPING)
§ 40101. Purposes
The purposes of this part are to—
(1) establish a nondiscriminatory regulatory process for the common carriage of goods by water in the foreign commerce of the United States with a minimum of government intervention and regulatory costs;
(2) ensure an efficient, competitive, and economical transportation system in the ocean commerce of the United States;
(3) encourage the development of an economically sound and efficient liner fleet of vessels of the United States capable of meeting national security needs and supporting commerce; and
(4) promote the growth and development of United States exports through a competitive and efficient system for the carriage of goods by water in the foreign commerce of the United States, and by placing a greater reliance on the marketplace.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1523; Pub. L. 117–146, § 2, June 16, 2022, 136 Stat. 1272.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40101
46 App.:1701.
Pub. L. 98–237, § 2, Mar. 20, 1984, 98 Stat. 67; Pub. L. 105–258, title I, § 101, Oct. 14, 1998, 112 Stat. 1902.
heading: Editorial Notes
heading: Amendments
text: 2022—Par. (2). Pub. L. 117–146, § 2(1), added par. (2) and struck out former par. (2) which read as follows: “provide an efficient and economic transportation system in the ocean commerce of the United States that is, insofar as possible, in harmony with, and responsive to, international shipping practices;”.
Par. (3). Pub. L. 117–146, § 2(2), inserted “and supporting commerce” after “needs”.
Par. (4). Pub. L. 117–146, § 2(3), added par. (4) and struck out former par. (4) which read as follows: “promote the growth and development of United States exports through competitive and efficient ocean transportation and by placing a greater reliance on the marketplace.”
heading: Statutory Notes and Related Subsidiaries
heading: Effects on Certain Agreements and Contracts
text: Pub. L. 98–237, § 20(d), Mar. 20, 1984, 98 Stat. 90; Pub. L. 105–258, title I, § 117(1), Oct. 14, 1998, 112 Stat. 1914, provided that: “All agreements, contracts, modifications, licenses, and exemptions previously issued, approved, or effective under the Shipping Act, 1916 [former 46 U.S.C. App. 801 et seq., see Disposition Table preceding section 101 of this title], or the Shipping Act of 1984 [former 46 U.S.C. App. 1701 et seq., see Disposition Table preceding section 101 of this title], shall continue in force and effect as if issued or effective under this Act, as amended by the Ocean Shipping Reform Act of 1998 [Pub. L. 105–258, Oct. 14, 1998, 112 Stat. 1902], and all new agreements, contracts, and modifications to existing, pending, or new contracts or agreements shall be considered under this Act, as amended by the Ocean Shipping Reform Act of 1998.”
46 U.S.C. § 40504 (SHIPPING)
§ 40504. Shipping exchange registry
(a) In General.—
No person may operate a shipping exchange involving ocean transportation in the foreign commerce of the United States unless the shipping exchange is registered as a national shipping exchange under the terms and conditions provided in this section and the regulations issued pursuant to this section.
(b) Registration.—
A person shall register a shipping exchange by filing with the Federal Maritime Commission an application for registration in such form as the Commission, by rule, may prescribe, containing the rules of the exchange and such other information and documents as the Commission, by rule, may prescribe as necessary or appropriate to complete a shipping exchange’s registration.
(c) Exemption.—
The Commission may exempt, conditionally or unconditionally, a shipping exchange from registration under this section if the Commission finds that the shipping exchange is subject to comparable, comprehensive supervision and regulation by the appropriate governmental authorities in a foreign country where the shipping exchange is headquartered.
(d) Regulations.—
Not later than 3 years after the date of enactment of the Ocean Shipping Reform Act of 2022, the Commission shall issue regulations pursuant to subsection (a), which shall set standards necessary to carry out subtitle IV of this title for registered national shipping exchanges. For consideration of a service contract entered into by a shipping exchange, the Commission shall be limited to the minimum essential terms for service contracts established under section 40502 of this title.
(e) Definition of Shipping Exchange.—
In this section, the term “shipping exchange” means a platform (digital, over-the-counter, or otherwise) that connects shippers with common carriers for the purpose of entering into underlying agreements or contracts for the transport of cargo, by vessel or other modes of transportation.
(Added Pub. L. 117–146, § 4(a), June 16, 2022, 136 Stat. 1272.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of the Ocean Shipping Reform Act of 2022, referred to in subsec. (d), is the date of enactment of Pub. L. 117–146, which was approved June 16, 2022.
heading: Statutory Notes and Related Subsidiaries
heading: Applicability of Registration Requirement
text: Pub. L. 117–146, § 4(b), June 16, 2022, 136 Stat. 1273, provided that: “The registration requirement under section 40504 of title 46, United States Code (as added by subsection (a)), shall take effect on the date on which the Federal Maritime Commission states the rule is effective in the regulations issued under such section.”
46 U.S.C. § 41107 (SHIPPING)
§ 41107. Monetary penalties or refunds
(a) In General.—
A person that violates this part or a regulation or order of the Federal Maritime Commission issued under this part is liable to the United States Government for a civil penalty or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge. Unless otherwise provided in this part, the amount of the penalty may not exceed $5,000 for each violation or, if the violation was willfully and knowingly committed, $25,000 for each violation. Each day of a continuing violation is a separate violation.
(b) Lien on Carrier’s Vessels.—
The amount of a civil penalty or, in addition to or in lieu of a civil penalty, the refund of a charge, imposed on a common carrier under this section constitutes a lien on the vessels operated by the carrier. Any such vessel is subject to an action in rem to enforce the lien in the district court of the United States for the district in which it is found.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1543; Pub. L. 117–146, § 8(a)(1), June 16, 2022, 136 Stat. 1276.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41107
46 App.:1712(a).
Pub. L. 98–237, § 13(a), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, § 112(a), Oct. 14, 1998, 112 Stat. 1911.
In subsection (b), the words “is subject to an action in rem to enforce the lien” are substituted for “may be libeled therefore” to modernize the language.
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–146, § 8(a)(1)(A), inserted “or refunds” after “penalties” in section catchline.
Subsec. (a). Pub. L. 117–146, § 8(a)(1)(B), inserted “or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge” after “civil penalty”.
Subsec. (b). Pub. L. 117–146, § 8(a)(1)(C), inserted “or, in addition to or in lieu of a civil penalty, the refund of a charge,” after “civil penalty”.
46 U.S.C. § 41110 (SHIPPING)
§ 41110. Data collection
The Federal Maritime Commission shall publish on its website a calendar quarterly report that describes the total import and export tonnage and the total loaded and empty 20-foot equivalent units per vessel (making port in the United States, including any territory or possession of the United States) operated by each ocean common carrier covered under this chapter. Ocean common carriers under this chapter shall provide to the Commission all necessary information, as determined by the Commission, for completion of this report.
(Added Pub. L. 117–146, § 9(a), June 16, 2022, 136 Stat. 1277.)
heading: Statutory Notes and Related Subsidiaries
heading: Rule of Construction
text: Pub. L. 117–146, § 9(b), June 16, 2022, 136 Stat. 1277, provided that: “Nothing in this section [enacting this section], and the amendment made by this section, shall be construed to compel the public disclosure of any confidential or proprietary data, in accordance with section 552(b)(4) of title 5, United States Code.”
46 U.S.C. § 41302 (SHIPPING)
§ 41302. Investigations
(a) In General.—
The Federal Maritime Commission, on complaint or its own motion, may investigate any conduct 1 agreement, fee, or charge that the Commission believes may be in violation of this part. The Commission may by order disapprove, cancel, or modify any agreement that operates in violation of this part.
(b) Effectiveness of Agreement, Fee, or Charge During Investigation.—
Unless an injunction is issued under section 41306 or 41307 of this title, an agreement, fee, or charge under investigation by the Commission remains in effect until the Commission issues its order.
(c) Date for Decision.—
Within 10 days after the initiation of a proceeding under this section or section 41301 of this title, the Commission shall set a date by which it will issue its final decision. The Commission by order may extend the date for good cause.
(d) Sanctions for Delay.—
If, within the period for final decision under subsection (c), the Commission determines that it is unable to issue a final decision because of undue delay caused by a party to the proceeding, the Commission may impose sanctions, including issuing a decision adverse to the delaying party.
(e) Report.—
The Commission shall make a written report of every investigation under this part in which a hearing was held, stating its conclusions, decisions, findings of fact, and order. The Commission shall provide a copy of the report to all parties and publish the report for public information. A published report is competent evidence in a court of the United States.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1545; Pub. L. 117–146, § 11(a), June 16, 2022, 136 Stat. 1278.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41302(a)
46 App.:1710(c) (1st, 3d sentences).
Pub. L. 98–237, § 11(c)–(f), Mar. 20, 1984, 98 Stat. 80.
41302(b)
46 App.:1710(c) (2d sentence).
41302(c)
46 App.:1710(d).
41302(d)
46 App.:1710(e).
41302(e)
46 App.:1710(f).
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (a). Pub. L. 117–146, § 11(a)(1), substituted “agreement, fee, or charge” for “or agreement”.
Subsec. (b). Pub. L. 117–146, § 11(a)(2)(B), inserted “, fee, or charge” after “agreement”.
Pub. L. 117–146, § 11(a)(2)(A), substituted “Agreement, Fee, or Charge” for “Agreement” in heading. Quoted text appearing in directory language was conformed to the style used in this title to reflect the probable intent of Congress.
46 U.S.C. § 41305 (SHIPPING)
§ 41305. Award of reparations
(a) Definition.—
In this section, the term “actual injury” includes the loss of interest at commercial rates compounded from the date of injury.
(b) Basic Amount.—
If the complaint was filed within the period specified in section 41301(a) of this title, the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part.
(c) Additional Amounts.—
On a showing that the injury was caused by an activity prohibited by section subsection 1 (b) or (c) of section 41102, paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105, the Commission may order the payment of additional amounts, but the total recovery of a complainant may not exceed twice the amount of the actual injury.
(d) Difference Between Rates.—
If the injury was caused by an activity prohibited by subparagraph (A) or (B) of section 41104(a)(4), the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper.
(e) Attorney Fees.—
In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546; Pub. L. 113–281, title IV, § 402, Dec. 18, 2014, 128 Stat. 3056; Pub. L. 117–146, §§ 12, 15(c), June 16, 2022, 136 Stat. 1279.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41305
46 App.:1710(g) (less time limit).
Pub. L. 98–237, § 11(g) (less time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, § 3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, § 110, Oct. 14, 1998, 112 Stat. 1911.
In subsection (b), the words “within the period specified in section 41301(a) of this title” are substituted for “within 3 years after the cause of action accrued” because the time limit is restated in section 41301(a) instead of in this section. The words “upon petition of the complainant” are omitted as unnecessary. The words “after notice and hearing” are omitted as unnecessary because of section 41304(a) of the revised title.
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (c). Pub. L. 117–146, § 15(c)(1), substituted “paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105” for “41104(3) or (6), or 41105(1) or (3) of this title”.
Pub. L. 117–146, § 12, substituted “subsection (b) or (c) of section 41102” for “41102(b)”.
Subsec. (d). Pub. L. 117–146, § 15(c)(2), substituted “subparagraph (A) or (B) of section 41104(a)(4)” for “section 41104(4)(A) or (B) of this title”.
2014—Subsec. (b). Pub. L. 113–281, § 402(1), struck out “, plus reasonable attorney fees” before period at end.
Subsec. (e). Pub. L. 113–281, § 402(2), added subsec. (e).
46 U.S.C. § 41309 (SHIPPING)
§ 41309. Enforcement of reparation orders
(a) Civil Action.—
If a person does not comply with an order of the Federal Maritime Commission for the payment of a refund of money or reparation, the person to which the refund or reparation was awarded may seek enforcement of the order in a district court of the United States having jurisdiction over the parties.
(b) Parties and Service of Process.—
All parties in whose favor the Commission has ordered a refund of money or any other award of reparation by a single order may be joined as plaintiffs, and all other parties in the order (except for the Commission or any component of the Commission) may be joined as defendants, in a single action in a judicial district in which any one plaintiff could maintain an action against any one defendant. Service of process against a defendant not found in that district may be made in a district in which any office of that defendant is located or in which any port of call on a regular route operated by that defendant is located. Judgment may be entered for any plaintiff against the defendant liable to that plaintiff.
(c) Nature of Review.—
In an action under this section, the findings and order of the Commission are prima facie evidence of the facts stated in the findings and order.
(d) Costs and Attorney Fees.—
The plaintiff is not liable for costs of the action or for costs of any subsequent stage of the proceedings unless they accrue on the plaintiff’s appeal. A prevailing plaintiff shall be allowed reasonable attorney fees to be assessed and collected as part of the costs of the action.
(e) Time Limit on Bringing Actions.—
An action under this section to enforce an order of the Commission must be brought within 3 years after the date the order was violated.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1548; Pub. L. 117–146, § 13, June 16, 2022, 136 Stat. 1279.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41309(a)
46 App.:1713(d)(1).
Pub. L. 98–237, § 14(d), (e), Mar. 20, 1984, 98 Stat. 83, 84.
41309(b)
46 App.:1713(d)(3).
41309(c)
46 App.:1713(d)(2) (1st sentence 1st–23d words).
41309(d)
46 App.:1713(d)(2) (1st sentence 24th–last words, last sentence).
41309(e)
46 App.:1713(e).
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (a). Pub. L. 117–146, § 13(1), substituted “a refund of money or reparation, the person to which the refund or reparation was awarded” for “reparation, the person to whom the award was made”.
Subsec. (b). Pub. L. 117–146, § 13(2), substituted “ordered a refund of money or any other award of reparation” for “made an award of reparation” and inserted “(except for the Commission or any component of the Commission)” after “parties in the order”.
46 U.S.C. § 41310 (SHIPPING)
§ 41310. Charge complaints
(a) In General.—
A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning complaints about charges assessed by a common carrier. The information submitted to the Commission shall include the bill of lading numbers and invoices, and may include any other relevant information.
(b) Investigation.—
Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a) and section 41102. The common carrier shall—
(1) be provided an opportunity to submit additional information related to the charge in question; and
(2) bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to section 545.5 of title 46, Code of Federal Regulations (or successor regulations).
(c) Refund.—
Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a) or 41102, the Commission shall promptly order the refund of charges paid.
(d) Penalties.—
In the event of a finding that a charge does not comply with section 41104(a) or 41102 after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge.
(e) Considerations.—
If the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier, the Commission shall, while conducting an investigation under subsection (b), consider—
(1) whether the non-vessel-operating common carrier is responsible for the noncompliant assessment of the charge, in whole or in part; and
(2) whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections (c) and (d).
(Added Pub. L. 117–146, § 10(a), June 16, 2022, 136 Stat. 1278.)