1625-0096 Stat/Authority

Page 461

TITLE 43-PUBLIC LANDS

§ 1784

REFERENCES IN TEXT

The Wilderness Act, referred to in text, is Pub. L.
88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which
is classified generally to chapter 23 (§ 1131 et seq.) of
Title 16. Conservation. For complete classification of
this Act to the Code, see Short Title note set out
under section 1131 of Title 16 and Tables.

1817.

CODIFICATION
Section was enacted as part of the Alaska National
Interest Lands Conservation Act, and not as part of
the Federal Land Policy and Management Act of 1976
which comprises this chapter.
CHAPTER 36-OUTER CONTINENTAL SHELF
RESOURCE MANAGEMENT
Sec.
1801.
1802.

Congressional findings.
Congressional declaration of purposes.
SUBCHAPTER I-OFFSHORE OIL SPILL
POLLUTION FUND

1811.
1812.

1813.

1814.

1815.

1816.

Definitions.
Offshore Oil Pollution Compensation Fund.
(a) Establishment in Treasury; limitation on amount; administration by
Secretary of Transportation and
Secretary of Treasury.
(b) Sources of deposits.
(c) Use of moneys; promulgation of regulations.
(d) Fee; levy and collection; rate; civil
penalty; criminal violation; promulgation of regulations.
(e) Determination of level of funding; investment of excess moneys.
(f) Notes and other obligations to meet
insufficiencies in Fund.
Claims for economic loss from oil pollution.
(a) Permissible claims.
(b) Persons entitled to assert claims.
(c) Class action where Attorney General
fails to take action.
Scope of liability.
(a) Liability of owners and operators of
nonpublic vessels or offshore facilities.
(b) Limitation of liability.
(c) Exceptions and defenses.
(d) Costs of removal.
(e) Report to Congress.
(f) Liability of fund.
(g) Interest.
(h) Actions by owners or operators.
i) Inconsistent provisions.
Financial responsibility.
(a) Establishment of evidence by owners
and operators of vessels; acceptable
methods; authority of Secretary to
deny entry to port and detain at
port; access of Secretary to off.
shore facilities and vessels.
(b) EFitablishment of evidence by owners
and operators of offshore facilities.
(c) Claims against guarantor.
(d) Study respecting private oil pollution
insurance; submittal of reports.
Notification, designation, and advertisement.
(a) Notification of incident to Secretary;
use as evidence.
(b) Designation of source of oil pollution; notification of owners, operators, and guarantors; advertisement
of designation and procedures respecting claims against owners, operators, and guarantors.

1818.

1819.
1820.

1821.
1822.
1823.
1824.

(c) Advertisement or other notification
respecting claims against Fund.
(d) Commencement of advertisement.
Claims settlement.
(a) Claims presented to owner, operator,
or guarantor.
(b) Claims presented to Fund.
(c) Irrevocable election to commence
court action or present claim to
Fund.
(d) Uncompensated damages.
(e) Transmittal of claims and supporting
documents to Fund.
(f) Submittal of dispute to Secretary;
election to commence court action.
(g) Establishment of procedures and
standards for appraisal and settlement of claims against Fund; use of
private insurance and claims adJustment organizations and State
agencies to process claims; use of
Federal
personnel
to process
claims.
(h) Appointment of panels.
(i) Referral of disputes; qualifications of
administrative law Judges; adjudication and decision pursuant to
title 5; conduct of hearing; review
by Secretary; review of final orders
of Secretary.
(j) Service of complaint and other pleadings upon Fund; intervention by
Fund; dismissal of Fund from
action; conclusiveness of Judgment;
failure to give notice to Fund.
(k) Joinder.
(l) Time for presenting claims; limita'Lion of actions,
Subrogation.
(a) Rights, claims, and causes of action
of compensated claimants.
(b) Action commenced by Attorney General.
(c) Elements of recovery.
(d) Payment of interest to claimant.
(e) Recovery of interest and costs by
Fund.
Jurisdiction and venue.
Relationship to other State or Federal laws.
(a) Compensation for damages or removal costs.
(b) Establishment of evidence of financial responsibility.
(c) Concurrent liability.
Oil discharge prohibition,
Penalties.
Authorization of appropriations.
Annual report.

SUBCHAPTER II-FISHERMEN'S CONTINGENCY
FUND
1841.
Definitions.
1842.
Fishermen's Contingency Fund.
(a) Establishment; availability; source of
deposits; limitation on amount; interest-bearing accounts; litigation.
(b) Payments by each holder of lease,
permit, easement, or right-of-way.
1843.
Duties and powers of Secretary.
(a) Prescription and amendment of regu.
lations respecting settlement of
claims; identification classification
of potential hazards to commercial
fishing.
(b) Establishment of regulations respecting color coding, stamping, or label.
ing of equipment, tools, etc., used
on Outer Continental Shelf.

TITLE 43-PUBLIC LANDS

§ 1801
Sc.

(c) Disbursement of payments to compensate commercial fishermen: restrictions.
Burden of proof.
Claims procedure.
(a) Filing requirement; time to file.
(b) Transmittal of copy of claim to Secretary of the Interior; reference to
Secretary.
(c) Notification to persons engaged in
activities associated with Outer
Continental Shelf energy activities;
response of persons notified; submittal of evidence.
(d) Acceptance of claim by Secretary;

1844.
1845.

time to render decision; review of
initial determination.
(e) Claim preparation

fees; attorney's

fees.
(fl Powers of Secretary.
(g) Place of proceeding.
(h) Certification and disbursement of
award; subrogation of rights; pay-

1846.

ment of costs of proceedings.
(I) Judicial review.
Annual report.

1847.

Repealed.

SUBCHAPTER 111-MISCELLANEOUS
PROVISIONS
Report to Comptroller General on shut-in
1861.
and flaring oil and gas wells; submission of
findings and recommendations to Congress.
1862.
Natural gas distribution.
(a) Expanded participation by local distribution companies in acquisition

of leases and development of natural gas resources.

1863.
1864.

1865.

(b) Application and issuance of certificates of public convenience and necessity for transportation of natural gas.
(c) Definitions.
Unlawful employment practices; regulations.
Disclosure of financial interests by officers
and employees of Department of the Interior.
(a) Annual written statement.
(b) Definition of "known financial interest"; enforcement; report to Congress.
(c) Officers and employees in nonregula.
tory or nonpolicyrnaking positions.
(d) Penalties.
Investigation of reserves of oil and gas in
Outer Continental Shelf.
(a) Declaration of Congressional findings.

(b) Declaration of Congressional
pose.

1866.

pur-

(c) Continuing Investigation to deter.
mine reserves.
(d) Scope of investigation.
(e) Initial and subsequent reports to
Congress.
f) Categories of information acquired;
consultation with Federal Trade
Commission; availability of information.
(g) Definitions.
Relationship to existing law.

§ 1801. Congressional findings

The Congress finds and declares that-

(1) the demand for energy in the United
States is increasing and will continue to in-

crease for the foreseeable future;

Page 462

(2) domestic production of oil and gas has
declined in recent years;
(3) the United States has become increasingly dependent upon imports of oil from foreign nations to meet domestic energy
demand;
(4) increasing reliance on imported oil is not
inevitable, but is rather subject to significant
reduction by increasing the development of
domestic sources of energy supply;
(5) consumption of natural gas in the
United States has greatly exceeded additions
to domestic reserves in recent years;
(6) technology is or can be made available
which will allow significantly increased domestic production of oil and gas without
undue harm or damage to the environment;
(7) the Outer Continental Shelf contains
significant quantities of oil and natural gas
and is a vital national resource reserve which
must be carefully managed so as to realize
fair value, to preserve and maintain competition, and to reflect the public interest;
(8) there presently exists a variety of technological, economic, environmental, administrative, and legal problems which tend to
retard the development of the oil and natural
gas reserves of the Outer Continental Shelf;
(9) environmental and safety regulations relating to activities on the Outer Continental
Shelf should be reviewed in light of current
technology and information;
(10) the development, processing, and distribution of the oil and gas resources of the
Outer Continental Shelf, and the siting of related energy facilities, may cause adverse impacts on various States and local governments;
(11) policies, plans, and programs developed
by States and local governments in response
to activities on the Outer Continental Shelf
cannot anticipate and ameliorate such adverse impacts unless such States, working in
close cooperation with affected local governments, are provided with timely access to information regarding activities on the Outer
Continental Shelf and an opportunity to
review and comment on decisions relating to
such activities;
(12) funds must be made available to pay
for the prompt removal of any oil spilled or
discharged as a result of activities on the
Outer Continental Shelf and for any damages
to public or private interests caused by such
spills or discharges;
(13) because of the possible conflicts between exploitation of the oil and gas resources in the Outer Continental Shelf and
other uses of the marine environment, including fish and shellfish growth and recovery,
and recreational activity, the Federal Government must assume responsibility for the minimization or elimination of any conflict associated with such exploitation;
(14) the oil and gas resources of the Outer
Continental Shelf are limited, nonrenewable
resources which must be developed in a
manner which takes into consideration the
Nation's long-range energy needs and also assures adequate protection of the renewable

TITLE 43-PUBLIC LANDS

Page 463

resources of the Outer Continental Shelf
which are a continuing and increasingly important source of food and protein to the
Nation and the world; and
(15) funds must be made available to pay
for damage to commercial fishing vessels and
gear resulting from activities involving oil and
gas exploration, development, and production
on the Outer Continental Shelf.
(Pub. L. 95-372, title I, § 101, Sept. 18, 1978, 92
Stat. 630.)
SHORT TITLE

Section 1 of Pub. L. 95-372 provided: "That this Act
[enacting this chapter, sections 1344 to 1356 of this
title, and section 237 of Title 30, Mineral Lands and
Mining, amending sections 1331 to 1334, 1337, 1340,
and 1343 of this title, sections 1456, 1456a, and 1464 of
Title 16, Conservation, and section 6213 of Title 42,
The Public Health and Welfare, and enacting provisions set out as notes under sections 1348 and 1811 of
this title] may be cited as the 'Outer Continental
Shelf Lands Act Amendments of 1978'."
§ 1802. Congressional declaration of purposes
The purposes of this chapter are to(1) establish policies and procedures for
managing the oil and natural gas resources of
the Outer Continental Shelf which are intended to result in expedited exploration and
development of the Outer Continental Shelf
in order to achieve national economic and
energy policy goals, assure national security,
reduce dependence on foreign sources, and
maintain a favorable balance of payments in
world trade;
(2) preserve, protect, and develop oil and
natural gas resources in the Outer Continental Shelf in a manner which is consistent with
the need (A) to make such resources available
to meet the Nation's energy needs as rapidly
as possible, (B) to balance orderly energy resource development with protection of the
human, marine, and coastal environments,
(C) to insure the public a fair and equitable
return on the resources of the Outer Continental Shelf, and (D) to preserve and maintain free enterprise competition;
(3) encourage development of new and Improved technology for energy resource production which will eliminate or minimize risk
of damage to the human, marine, and coastal
environments;
(4) provide States, and through States, local
governments, which are impacted by Outer
Continental Shelf oil and gas exploration, development, and production with comprehensive assistance in order to anticipate and plan
for such impact, and thereby to assure adequate protection of the human environment;
(5) assure that States, and through States,
local governments, have timely access to information regarding activities on the Outer
Continental Fhelf, and opportunity to review
and comment on decisions relating to such activities, in order to anticipate, ameliorate, and
plan for the impacts of such activities;
(6) assure that States, and through States,
local governments, which are directly affected by exploration, development, and production of oil and natural gas are provided an op-

91811

portunity to participate in policy and planning decisions relating to management of the
resources of the Outer Continental Shelf;
(7) minimize or eliminate conflicts between
the exploration, development, and production
of oil and natural gas, and the recovery of
other resources such as fish and shellfish;
(8) establish an oilspill liability fund to pay
for the prompt removal of any oil spilled or
discharged as a result of activities on the
Outer Continental Shelf and for any damages
to public or private interests caused by such
spills or discharges;
(9) insure that the extent of oil and natural
gas resources of the Outer Continental Shelf
is assessed at the earliest practicable time;
and
(10) establish a fishermen's contingency
fund to pay for damages to commercial fishing vessels and gear due to Outer Continental
Shelf activities.
(Pub. L. 95-372, title I, § 102, Sept. 18, 1978, 92
Stat. 631.)
REFERENCES IN TxT

This chapter, referred to in opening provision, was
in the original "this Act", meaning Pub. L. 95-372,
Sept. 18, 1978, 92 Stat. 629, known as the Outer Continental Shelf Lands Act Amendments of 1978, which
enacted this chapter, sections 1344 to 1356 of this title,
and section 237 of Title 30, Mineral Lands and Mining,
amended sections 1331 to 1334. 1337, 1340, and 1343 of
this title, sections 1456, 1456a, and 1464 of Title 16,
Conservation, and section 6213 of Title 42, The Public
Health and Welfare, and enacted provisions set out as
notes under sections 1348 and 1811 of this title. For
complete classification of this Act to the Code. see
Short Title note set out under section 1801 of this title
and Tables.
SUBCHAPTER I-OFFSHORE OIL SPILL
POLLUTION FUND
§ 1811. Definitions
For the purposes of this subchapter, the
term(1) "Secretary" means the Secretary of
Transportation;
(2) "Fund" means the Offshore Oil Pollution Compensation Fund established under
section 1812 of this title;
(3) "person" means an individual, firm, corporation, association, partnership, consortium, joint venture, or governmental entity;
(4) "incident" means any occurrence or
series of related occurrences, involving one or
more offshore facilities or vessels, or any combination thereof, which causes or poses an imminent threat of oil pollution;
(5) "vessel" means every description of watercraft or other contrivance, whether or not
self-propelled, which is operating in the
waters above the Outer Continental Shelf (as
the term "outer Continental Shelf" is defined
in section 2(a) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331(a))), or which is operating in the waters above submerged lands
seaward from the coastline of a State (as the
term "submerged lands" is described in section 1301(a)(2) of this title), and which is

§ 1811

TITLE 43-PUBLIC LANDS

transporting oil directly from an offshore facility;
(6) "public vessel" means a vessel which(A) is owned or chartered by demise, and
operated by (I) the United States, (ii) a
State or political subdivision thereof, or (iII)
a foreign government; and
(B) is not engaged in commercial service;
(7) "facility" means a structure, or group of
structures (other than a vessel or vessels),
used for the purpose of transporting, drilling
for, producing, processing, storing, transferring, or otherwise handling oil;
(8) "offshore facility" includes any oil refinery, drilling structure, oil storage or transfer
terminal, or pipeline, or any appurtenance related to any of the foregoing, which is used to
drill for, produce, store, handle, transfer,
process, or transport oil produced from the
Outer Continental Shelf (as the term "outer
Continental Shelf" is defined in section 2(a)
of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(a))), and is located on the Outer
Continental Shelf, except that such term
does not include (A) a vessel, or (B) a deepwater port (as the term "deepwater port" is defined in section 1502(10) of title 33);
(9) "oil pollution" means(A) the presence of oil either in an unlawful quantity or which has been discharged
at an unlawful rate (I) in or on the waters
above submerged lands seaward from the
coastline of a State (as the term "submerged lands" is described in section
1301(a)(2) of this title), or on the adjacent
shoreline of such a State, or (ii) on the
waters of the contiguous zone established
by the United States under Article 24 of the
Convention on the Territorial Sea and the
Contiguous Zone (15 UST 1606); or
(B) the presence of oil in or on the waters
of the high seas outside the territorial
limits of the United States(i)when discharged in connection with
activities conducted under the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.); or
(ii) causing injury to or loss of natural
resources belonging to, appertaining to, or
under the exclusive management authority of, the United States; or
(C) the presence of oil in or on the territorial sea, navigable or internal waters, or adJacent shoreline of a foreign country, in a
case where damages are recoverable by a
foreign claimant under this subchapter;
(10) "United States claimant" means any
person residing in the United States, the Government of the United States or an agency
thereof, or the government of a State or a political subdivision thereof, who asserts a claim
under this subchapter;
(11) "foreign claimant" means any person
residing in a foreign country, the government
of a foreign country, or any agency or political subdivision thereof, who asserts a claim
under this subchapter;
(12) "United States" includes and "State"
means the several States of the United
States, the District of Columbia. the Coin-

Page 464

monwealth of Puerto Rico, the Canal Zone,
Guam, American Samoa, the United States
Virgin Islands, the Commonwealth of the
Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession over which the United
States has Jurisdiction;
(13) "oil" means petroleum, including crude
oil or any fraction or residue therefrom;
(14) "cleanup costs" means costs of reasonable measures taken, after an incident has occurred, to prevent, minimize, or mitigate oil
pollution from such incident;
(15) "damages" means compensation sought
pursuant to this title by any person suffering
any direct and actual injury proximately
caused by the discharge of oil from an offshore facility or vessel, except that such term
does not include cleanup costs;
(16) "person in charge" means the individual immediately responsible for the operation
of a vessel or offshore facility;
(17) "claim" means a demand in writing for
a sum certain;
(18) "discharge" means any emission, intentional or unintentional, and includes spilling,
leaking, pumping, pouring, emptying, or
dumping;
(19) "owner" means any person holding
title to, or in the absence of title, any other
indicia of ownership of, a vessel or offshore
facility, whether by lease, permit, contract, license, or other form of agreement, or with respect to any offshore facility abandoned without prior approval of the Secretary of the Interior, the person who owned such offshore
facility immediately prior to such abandonment, except that such term does not include
a person who, without participating in the
management or operation of a vessel or offshore facility, holds indicia of ownership primarily to protect his security interest in the
vessel or offshore facility;
(20) "operator" means(A) in the case of a vessel, a charterer by
demise or any other person, except the
owner, who is responsible for the operation,
manning, victualing, and supplying of the
vessel; or
(B) in the case of an offshore facility, any
person, except the owner, who is responsible for the operation of such facility by
agreement with the owner;
(21) "property" means littoral, riparian, or
marine property;
(22) "removal costs" means(A) costs incurred under subsection (c).
(d), or (1) of section 1321 of title 33, and section 1474 of title 33; and
(B) cleanup costs, other than the costs described in subparagraph (A);
(23) "guarantor" means the person, other
than the owner or operator, who provides evidence of financial responsibility for an owner
or operator;
(24) "gross ton" means a unit of 100 cubic
feet for the purpose of measuring the total
unit capacity of a vessel; and

TITLE 43-PUBLIC LANDS

Page 465

(25) "barrel" means 42 United States gallons at 60 degrees Fahrenheit.
(Pub. L. 95-372, title III, § 301, Sept. 18, 1978, 92
Stat. 670.)
REFERENCES IN TEXT
The Outer Continental Shelf Lands Act, referred to
in par. (9), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
amended, which is classified generally to subchapter
III (§ 1331 et seq.) of chapter 29 of this title. For complete classification of this Act to the Code, see Short
Title note set out under section 1331 of this title and
Tables.
EFFECTIVE DATE

Section 315 of Pub. L. 95-372 provided that:
"(a) This section. subsection (e) of section 304 (section 1814(e) of this title], subsection (d) of section 305
[section 1815(d) of this title], and all provisions of this
title [this subchapterl authorizing the delegation of
authority or the promulgation of regulations shall be
effective on the date of enactment of this title [Sept.
18, 19781.
"(b) All other provisions of this title [this subchapter], and rules and regulations promulgated pursuant to such provisions, shall be effective on the one
hundred and eightieth day after the date of enactment of this title [Sept. 18, 19781."
Ex. ORD. No. 12123.

DELEGATION OF CERTAIN FUNCTIONS
OF PRESIDENT

Ex. Ord. No. 12123, Feb. 26, 1979, 44 F.R. 11199, provided:
By the authority vested in me as President of the
United States of America by Section 303(b)(3), 305,
and 312(a) of Title III of the Outer Continental Shelf
Lands Act Amendments of 1978 (92 Stat. 674, 677, and
684, 43 U.S.C. 1813(b)(3), 1815, and 1822 [1822(a)]), relating to the Offshore Oil Spill Pollution Fund, and by
Section 301 of Title 3 of the United States Code, and
in order to assign certain management responsibilities
related to protecting the environment from offshore
oil spill damage, it is hereby ordered as follows:
1-

I. ASSERTION

OF OIL POLLUTION CLAIMS

1-101. The authority vested in the President by Section 303(b)(3) of Title III of the Outer Continental
Shelf Lands Act Amendments of 1978, hereinafter referred to as the Act (92 Stat. 674, 43 U.S.C. 1813(b)(3)),
is delegated to the Secretary of Commerce with respect to those natural resources which are subject to
his management or control.
1-102. The authority vested in the President by Section 303(b)(3) of the Act (92 Stat. 674, 43 U.S.C.
1813(b)(3)) is delegated to the Secretary of the Interior with respect to those natural resources which are
subject to his management or control.
1-2. DETERMINATION OF FINANCIAL RESPONSIBILITY
AND THE ASSESSMENT AND COMPROMISE OF PENALTIES

1-201. The authority vested in the President by Section 305(a)(1) of the Act (92 Stat. 677, 43 U.S.C.
1815(a)(1)), relating to vessels, is delegated to the Federal Maritime Commission.
1-202. The authority vested in the President by Section 305(b) of the Act (92 Stat. 678, 43 U.S.C. 1815(b)),
relating to offshore facilities, is delegated to the Secretary of Transportation.
1-203. The authority vested in the President by Section 312(a)(2) of the Act (92 Stat. 684, 43 U.S.C.
1822(a)(2)), relating to the assessment and compromise of penalties concerning vessels, is delegated to
the Federal Maritime Commission.
JIMMY CARTER.
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1812, !814 of
this title.
16-616 0 - 84 - Vol. 17 - 32

§ 1812

§ 1812. Offshore Oil Pollution Compensation Fund
(a) Establishment in Treasury; limitation on amount;
administration by Secretary of Transportation
and Secretary of Treasury
There is hereby established in the Treasury
of the United States on ' Offshore Oil Pollution
Compensation Fund in an amount not to
exceed $200,000,000, except that such limitation
shall be increased to the extent necessary to
permit any moneys recovered or collected
which are referred to in subsection (b)(2) of
this section to be paid into the Fund. The Fund
shall be administered by the Secretary and the
Secretary of the Treasury as specified in this
subchapter. The Fund may sue and be sued in
its own name.
(b) Sources of deposits
The Fund shall be composed of(1) all fees collected pursuant to subsection
(d) of this section; and
(2) all other moneys recovered or collected
on behalf of the Fund under section 1818 of
this title or any other provision of this subchapter.
(c) Use of moneys; promulgation of regulations
The Fund shall be immediately available
for(1) removal costs described in section
1811(22) of this title;
(2) the processing and settlement of claims
under section 1817 of this title (including the
costs of assessing injury to, or destruction of,
natural resources); and
(3) subject to such amounts as are provided
in appropriation Acts, all administrative and
personnel costs of the Federal Government
incident to the administration of this subchapter, including, but not limited to, the
claims settlement activities and adjudicatory
and judicial proceedings, whether or not such
costs are recoverable under section 1818 of
this title.
The Secretary is authorized to promulgate regulations designating the person or persons who
may obligate available money in the Fund for
such purposes.
(d) Fee; levy and collection; rate; civil penalty; criminal violation; promulgation of regulations
(1) The Secretary shall levy and the Secretary of the Treasury shall collect a fee of not to
exceed 3 cents per barrel on oil obtained from
the Outer Continental Shelf, which shall be imposed on the owner of the oil when such oil is
produced.
(2) The Secretary of the Treasury, after consulting with the Secretary, may promulgate
reasonable regulations relating to the collection
of the fees authorized by paragraph (1) of this
subsection and, from time to time, the modification thereof. Any modification shall become
effective on the date specified in the regulation
making such modification, but no earlier than
the ninetieth day following the date such regulation is published in the Federal Register. Any
modification of the fee shall be designed to
'So In original. Probably should be "an".

111813

TITLE 43-PUBLIC LANDS

insure that the Fund is maintained at a level of
not less than $100,000,000 and not more than
$200,000,000. No regulation that sets or modifies fees, whether or not in effect, may be
stayed by any court pending completion of Judicial review of such regulation.
(3)(A) Any person who fails to collect or pay
any fee as required by any regulation promulgated under paragraph (2) of this subsection
shall be liable for a civil penalty not to exceed
$10,000, to be assessed by the Secretary of the
Treasury, in addition to the fee required to be
collected or paid and the interest on such fee at
the rate such fee would have earned if collected
or paid when due and invested in special obligations of the United States in accordance with
subsection (e)(2) of this section. Upon the failure of any person so liable to pay any penalty,
fee, or interest upon demand, the Attorney
General may, at the request of the Secretary of
the Treasury, bring an action in the name of
the Fund against that person for such amount.
(B) Aniy person who falsifies records or documents required to be maintained under any regulation promulgated under this subsection shall
be subject to prosecution for a violation of section 1001 of title 18.
(4) The Secretary of the Treasury may, by
regulation, designate the reasonably necessary
records and documents to be kept by persons
from whom fees are to be collected pursuant to
paragraph (1) of this subsection, and the Secretary of the Treasury and the Comptroller General of the United States shall have access to
such records and documents for the purpose of
audit and examination.
(e) Determination of level of funding; investment of
excess moneys
(1) The Secretary shall determine the level of
funding required for immediate access in order
to meet potential obligations of the Fund.
(2) The Secretary of the Treasury may invest
any excess in the Fund, above the level determined under paragraph (1) of this subsection,
in interest-bearing special obligations of the
United States. Such special obligations may be
redeemed at any time in accordance with the
terms of the special issue and pursuant to regulations promulgated by the Secretary of the
Treasury. The interest on, and the proceeds
from the sale of, any obligations held in the
Fund shall be deposited in and credited to the
Fund.
(f) Notes and other obligations to meet insufficiencies
in Fund
If at any time the moneys available in the
Fund are insufficient to meet the obligations of
the Fund, the Secretary shall issue to the Secretary of the Treasury notes or other obligations in the forms and denominations, bearing
the interest rates and maturities, and subject to
such terms and conditions as may be prescribed
by the Secretary of the Treasury. Redemption
of such notes or other obligations shall be made
by the Secretary from moneys in the Fund.
Such notes or other obligations shall bear interest at a rate determined by the Secretary of the
Treasury, taking into consideration the average
market yield on outstanding marketable obligations of comparable maturity. The Secretary of

Page 466

the Treasury shall purchase any notes or other
obligations issued under this subsection and,
for that purpose, he is authorized to use as a
public debt transaction the proceeds from the
sale of any securities issued under chapter 31 of
title 31. The purpose for which securities may
be issued under that chapter are extended to
include any purchase of such notes or other obligations. The Secretary of the Treasury may at
any time sell any of the notes or other obligations acquired by him under this subsection. All
redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.
(Pub. L. 95-372, title III, J 302, Sept. 18, 1978, 92
Stat. 672.)
CODIFICATION

In subsec. (f), "chapter 31 of title 31" and "that
chapter" were substituted for "the Second Liberty
Bond Act" and "that Act", respectively, on authority
of Pub. L. 97-258, § 4(b), Sept. 13, 1982, 96 Stat. 1067,
the first section of which enacted Title 31, Money and
Finance.
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1811, 1823 of
this title.
§ 1813. Claims for economic loss from oil pollution
(a) Permissible claims
Claims for economic loss, arising out of or directly resulting from oil pollution, may be asserted for(1) removal costs; and
(2) damages, including(A) injury to, or destruction of, real or
personal property;
(B) loss of use of real or personal property;
(C) injury to, or destruction of, natural resources;
(D) loss of use of natural resources;
(E) loss of profits or impairment of earning capacity due to injury to, or destruction
of, real or personal property or natural resources; and
(F) loss of tax revenue for a period of one
year due to injury to real or personal property.
(b) Persons entitled to assert claims
A claim authorized by subsection (a) of this
section may be asserted(1) under paragraph (1), by any claimant,
except that the owner or operator of a vessel
or offshore facility involved in an incident
may assert such a claim only if he can show(A) that he is entitled to a defense to liability under section 1814(c)(1) or 1814(c)(2)
of this title; or
(B) if not entitled to such a defense to liability, that he is entitled to a limitation of
liability under section 1814(b) of this title,
except that if he is not entitled to such a
defense to liability but is entitled to such a
limitation of liability, such claim may be asserted only as to the removal costs incurred
in excess of that limitation;

Page 467

TITLE 43-PUBLIC LANDS

(2) under paragraphs (2)(A), (B), and (D),
by any United States claimant if the property
involved is owned or leased, or the natural resource involved is utilized, by the claimant;
(3) under paragraph (2)(C), by the President, as trustees for natural resources over
which the Federal Government has sovereign
rights or exercises exclusive management authority, or by any State for natural resources
within the boundary of the State belonging
to, managed by, controlled by, or appertaining to the State, and sums recovered under
paragraph (2)(C) shall be available for use to
restore, rehabilitate, or acquire the equivalent of such natural resources by the appropriate agencies of the Federal Government or
the State, but the measure of such damages
shall not be limited by the sums which can be
used to restore or replace such resources;
(4) under paragraph (2)(E), by any United
States claimant if the claimant derives at
least 25 per centum of his earnings from activities which utilize the property or natural
resource;
(5) under paragraph (2)(F), by the Federal
Government and any State or political subdivision thereof;
(6) under paragraphs (2)(A) through (E), by
a foreign claimant to the same extent that a
United States claimant may assert a claim if(A) the oil pollution occurred in or on the
territorial sea, navigable waters or internal
waters, or adjacent shoreline of a foreign
country of which the claimant is a resident;
(B) the claimant is not otherwise compensated for his loss;
(C) the oil was discharged from an offshore facility or from a vessel in connection
with activities conducted under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331
et seq.); and
(D) recovery is authorized by a treaty or
an executive agreement between the United
States and the foreign country involved, or
the Secretary of State, in consultation with
the Attorney General and other appropriate officials, certifies that such country provides a comparable remedy for United
States claimants;
(7) under paragraph (1) or (2), by the Attorney General, on his own motion or at the request of the Secretary, on behalf of any
group of United States claimants who may
assert a claim under this subsection, when he
determines that the claimants would be more
adequately represented as a class in asserting
their claims.
(c) Class action where Attorney General fails to take
action
If the Attorney General falls to take action
under paragraph (7) of subsection (b) of this
section within sixty days of the date on which
the Secretary designates a source under section
1816 of this title, any member of a group described in such paragraph may maintain a class
action to recover damages on behalf of that
group. Failure of the Attorney General to take
action shall have no bearing on any class action
maintained by any claimant for damages authorized by this section.

§ 1814

(Pub. L. 95-372, title III, J303, Sept. 18, 1978, 92
Stat. 674.)
REFERENCES IN TEXT

The Outer Contincntal Shelf Lands Act, referred to
in subsec. (b)(6)(C), is act Aug, 7. 1953. ch. 345. 67 Stat.
462, as amended, which is classified generally to sub.
chapter III (Q 1331 et seq.) of chapter 29 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 1331 of this title
and Tables.
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1814, 1815,
1817, 1818 of this title.

§ 1814. Scope of liability
(a) Liability of owners and operators of nonpublic
vessels or offshore facilities
Subject to the provisions of subsections (b)
and (c) of this section, the owner and operator
of a vessel other than a public vessel, or of an
offshore facility, which is the source of oil pollution, or poses a threat of oil pollution in circumstances which justify the Incurrence of the
type of costs described n section 1811(22) of
this title, shall be jn ':tly, severally, and strictly
liable for all loss foi which a claim may be asserted under section 1813 of this title.
(b) Limitation of liability
Except when the incident is caused primarily
by willful misconduct or gross negligence,
within the privity or knowledge of the owner or
operator, or is caused primarily by a violation,
within the privity or knowledge of the owner or
operator, of applicable safety, construction, or
operating standards or regulations of the Federal Government, the total of the liability
under subsection (a) of this section incurred by,
or on behalf of, the owner or operator shall
be(1) in the case of a vessel, limited to
$250,000 or $300 per gross ton, whichever is
greater, except when the owner or operator
of a vessel fails or refuses to provide all reasonable cooperation and assistance requested
by the responsible Federal official in furtherance of cleanup activities; or
(2) in the case of an offshore facility, the
total of removal and cleanup costs, and an
amount limited to $35,000,000 for all damages.
(c) Exceptions and defenses
There shall be no liability under subsection
(a) of this section(1) if the incident is caused solely by any
act of war, hostilities, civil war, or insurrection, or by an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistable 2character, the effect of which could not have been
prevented or avoided by the exercise of due
care or foresight; or
(2) if the incident is caused solely by the
negligent or intentional act of the damaged
party or any third party (including any government entity).
'So In original. Probably should be "irresistible".

9l1815

TITLE 43-PUBLIC LANDS

(d) Costs of removal
Notwithstanding the limitations, exceptions,
or defenses of subsection (b) or (c) of this section, all costs of removal incurred by the Federal Government or any State or local official or
agency in connection with a discharge of oil
from any offshore facility or vessel shall be
borne by the owner and operator of the offshore facility or vessel from which the discharge occurred.
(e) Report to Congress
The Secretary shall, from time to time, report
to Congress on the desirability of adjusting the
monetary limitation of liability specified in subsection (b) of this section.
(f) Liability of Fund
(1) Subject to the provisions of paragraph (2)
of this subsection, the Fund shall be liable,
without any limitation, for all losses for which
a claim may be asserted under section 1813 of
this title, to the extent that such losses are not
otherwise compensated.
(2) Except for the removal costs specified in
section 1811(22) of this title, there shall be no
liability under paragraph (1) of this subsection(A) as to a particular claimant, where the
incident or economic loss is caused, in whole
or in part, by the gross negligence or willful
misconduct of that claimant; or
(B) as to a particular claimant, to the
extent that the incident or economic loss is
caused by the negligence of that claimant.
(g) Interest
(1) In addition to the losses for which claims
may be asserted under section 1813 of this title,
and without regard to the limitation of liability
provided in subsection (b) of this section, the
owner, operator, or guarantor of an offshore facility or vessel shall be liable to the claimant
for interest on the amount paid in satisfaction
of the claim for the period from the date upon
which the claim is presented to such person to
the date upon which the claimant is paid, inclusive, less the period, if any, from the date upon
which such owner, operator, or guarantor
offers the claimant an amount equal to or
greater than the amount finally paid in satisfaction of the claim to the date upon which the
claimant accepts such amount, inclusive. However, if such owner, operator, or guarantor
offers the claimant, within sixty days of the
date upon which the claim is presented, or of
the date upon which advertising is commenced
pursuant to section 1816 of this title, whichever
is later, an amount equal to or greater than the
amount finally paid in satisfaction of the claim,
the owner, operator, or guarantor shall be
liable for the interest provided in this paragraph only from the date the offer is accepted
by the claimant to the date upon -which payment is made to the claimant, inclusive.
(2) The interest provided in paragraph (1) of
this subsection shall be calculated at the average of the highest rate for commercial and finance company paper of maturities of one hundred and eighty days or less obtaining on each
of the days included within the period for
which interest must be paid to the claimant, as
published in the Federal Reserve Bulletin.

Page 468

(h) Actions by owners or operators
Nothing in this subchapter shall bar a cause
of action that an owner or operator, subject to
liability under subsection (a) of this section, or
a guarantor, has or would have, by reason of
subrogation or otherwise, against any person.
(i) Inconsistent provisions
To the extent that they are in conflict or otherwise inconsistent with any other provision of
law relating to liability or the limitation thereof, the provisions of this section shall supersede
such other provision of law, including section
183(a) of title 46.
(Pub. L. 95-372, title III, § 304, Sept. 18, 1978, 92
Stat. 675.)
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1813, 1815,
1817, 1818 of this title.
§ 1815. Financial responsibility
(a) Establishment of evidence by owners and operators of vessels; acceptable methods; authority of
Secretary to deny entry to port and detain at
port; access of Secretary to offshore facilities and
vessels
(1) The owner or operator of any vessel
(except a non-self-propelled barge that does not
carry oil as fuel or cargo) which uses an offshore facility shall establish and maintain, in
accordance with regulations promulgated by
the President, evidence of financial responsibility sufficient to satisfy the maximum amount of
liability to which the owner or operator of such
vessel would be exposed in a case where he
would be entitled to limit his liability in accordance with the provisions of section 1814(b) of
this title. Financial responsibility may be established by any one, or any combination, of the
following methods, acceptable to the President:
evidence of insurance, guarantee, surety bond,
or qualification as a self-insurer. Any bond filed
shall be issued by a bonding company authorized to do business in the United States. In any
case where an owner or operator owns, operates, or charters more than one vessel subject
to this subsection, evidence of financial responsibility need be established only to meet the
maximum liability applicable to the largest of
such vessels.
(2) The Secretary, in accordance with regulations promulgated by him, shall(A) deny entry to any port or place in the
United States or to the navigable waters to;
and
(B) detain at the port or place in the United
States from which it is about to depart for
any other port or place in the United States,
any vessel subject to this subsection which,
upon request, does not produce certification
furnished by the President that such vessel is
in compliance with the financial responsibility
provisions of paragraph (1) of this subsection.
(3) The Secretary, in accordance with regulations promulgated by him, shall have access to
all offshore facilities and vessels conducting activities under the Outer Continental Shelf
Lands Act [43 U.S.C. 1331 et seq.], and such

TITLE 43-PUBLIC LANDS

Page 469

facilities and vessels shall, upon request, show
certification of financial responsibility.
(b) Establishment of evidence by owners and operators of offshore facilities
The owner or operator of an offshore facility
which (1) is used for drilling for, producing,or
processing oil, or (2) has the capacity to transport, store, transfer, or otherwise handle more
than one thousand barrels of oil at any one
time, shall establish and maintain, in accordance with regulations promulgated by the
President, evidence of financial responsibility
sufficient to satisfy the maximum amount of liability to which the owner or operator of such
facility would be exposed in a case where he
would be entitled to limit his liability in accordance with the provisions of section 1814(b) of
this title, or $35,000,000, whichever is less.
(c) Claims against guarantor
Any claim authorized by section 1813(a) of
this title may be asserted directly against any
guarantor providing evidence of financial responsibility for any owner or operator of an offshore facility or vessel as required under this
section. In defending such claim, the guarantor
shall be entitled to invoke all rights and defenses which would be available to such owner
or operator under this subchapter. Such guarantor shall also be entitled to invoke the defense that the incident was caused by the willful misconduct of such owner or operator, but
shall not be entitled to invoke any other defense which such guarantor might be entitled
to invoke in proceedings brought by such owner
or operator against such guarantor.
(d) Study respecting private oil pollution insurance;
submittal of reports
The President shall conduct a study to deter-

mine(1) whether adequate private oil pollution
insurance protection is available on reasonable terms and conditions to the owners and
operators of vessels, onshore facilities, and
offshore facilities; and
(2) whether the market for such insurance
is sufficiently competitive to assure purchasers of features such as a reasonable range of
deductibles, coinsurance provisions, and exclusions.
The President shall submit the results of his
study, together with his recommendation,
within one year after September 18, 1978, and
shall submit an interim report on his study
within three months after September 18, 1978.
(Pub. L. 95-372, title III, § 305, Sept. 18, 1978, 92
Stat. 677.)
REFERENCES IN TEXT

The Outer Continental Shelf Lands Act, referred to
in subsec. (a)(3), is act Aug. 7, 1953, ch. 345, 67 Stat.
462, as amended, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 1331 of this title
and Tables.
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1822 of this
title.

§ 1816

§ 1816. Notification, designation, and advertisement
(a) Notification of incident to Secretary; use as evidence
The person in charge of a vessel or offshore
facility which is involved in an incident shall
immediately notify the Secretary of the incident as soon as he has knowledge thereof. Notification received pursuant to this subsection or
information obtained by the exploitation of
such notification shall not be used against such
person or his employer in any criminal case,
other than a case involving prosecution for perjury or for giving a false statement.
(b) Designation of source of oil pollution; notification of owners, operators, and guarantors; advertisement of designation and procedures respecting claims against owners, operators, and guarantors
(1) When the Secretary receives information
pursuant to subsection (a) of this section or
otherwise of an incident which involves oil pollution, the Secretary shall, where possible, designate the source or sources of the oil pollution
and shall immediately notify the owner and operator of such source and the guarantor of such
designation.
(2) When a source designated under paragraph (1) of this subsection is a vessel or offshore facility and the owner, operator, or guarantor fails to inform the Secretary, within five
days after receiving notification of the designation, of his denial of such designation, such
owner, operator, or guarantor, as required by
regulations promulgated by the Secretary, shall
advertise the designation and the procedures by
which claims may be presented to him. If advertisement is not made in accordance with this
paragraph, the Secretary shall, as he finds necessary, and at the expense of the owner, operator, or guarantor involved, advertise the designation and the procedures by which claims may
be presented to such owner, operator, or guarantor.
(c) Advertisement or other notification respecting
claims against Fund
In a case where(1) the owner, operator, and guarantor all
deny a designatior, in accordance with paragraph (2) of subsection (b) of this section;
(2) the source of tie discharge was a public
vessel; or
(3) the Secretary is unable to designate the
source or sources of the discharge under paragraph (1) of such subsection (b),
the Secretary shall advertise or otherwise
notify potential claimants of the procedures by
which claims may be presented to the Fund.
(d) Commencement of advertisement
Advertisement under subsection (b) of this
section shall commence no later than fifteen
days after the date of the designation made
under such subsection and shall continue for a
period of no less than thirty days.
(Pub. L. 95-372, title III, § 306, Sept. 18, 1978, 92
Stat. 678.)

TITLE 43-PUBLIC LANDS

§1817

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1813, 1814.
1817, 1818, 1822 of this title.
§ 1817. Claims settlement
(a) Claims presented to owner, operator. or guarantor
Except as provided in subsection (b) of this
section, all claims shall be presented to the
owner, operator, or guarantor.
(b) Claims presented to Fund
All claims shall be presented to the Fund(1) where the Secretary has advertised or
otherwise notified claimants in accordance
with section 1816(c) of this title: or
(2) where the owner or operator may recover under the provisions of section 1813(b)(1)
of this title.
(c) Irrevocable election to commence court action or
preseni claim to Fund
In the case of a claim presented in accordance
with subsection (a) of this section, and in
which(1) the person to whom the claim is presented denies all liability for the claim, for any
reason; or

(2) the claim is not settled by any person by
payment to the claimant within sixty days
from the date upon which (A) the claim is
presented, or (B) advertising is commenced
pursuant to section 1816(b)(2) of this title,
whichever is later,
the claimant may elect to commence an action
in court against the owner, operator, or guarantor, or to present the claim to the Fund, that
election to be irrevocable and exclusive.
(d) ['Hnompensated damages
In the case of a claim presented in accordance
with subsection (a) of this section, where full
and adequate compensation is unavailable,
either because the claim exceeds a limit of liability invoked tinder section 1814(b) of this title
or because the owner, operator, and guarantor
to whom the claim is presented are financially
incapable of meeting their obligations in full, a
claim for the uncompensated damages may be
presented to the Fund.
(el Transnuithil of claims and supporting documents
to Fund
In the case of a claim which is presented to
any person, pursuant to subsection (a) of this
section. and which is being presented to the
Fund, pursuant to subsection (c) or (d) of this
section, such person, at the request of the
claimant, shall transmit the claim and supporting documents to the Fund. The Secretary may,
by regulation, prescribe the documents to be
transmitted and the terms under which they
are to be transmitted.
(f) Submittal of dispute to Secretary; election to commence court action

In the case of a claim presented to the Fund,
pursuant to subsection (b), (c), or (d) of this
section, and in which the Fund(1) denies all liability for the claim, for any
reason; or
(2) does not settle the claim by payment to
the claimant within sixty days after the date

Page 470

upon which (A) the claim is presented to the
Fund, or (B) advertising is commenced pursuant to section 1816(c) of this title, whichever
is later,
the claimant may submit the dispute to the
Secretary for decision in accordance with section 554 of title 5. However, a claimant who has
presented a claim to the Fund pursuant to such
subsection (b) may elect to commence an action
in court against the Fund in lieu of submission
of the dispute to the Secretary for decision,
that election to be irrevocable and exclusive.
(g) Establishment of procedures and standards for
appraisal and settlement of claims against Fund;
use of private insurance and claims adjustment
organizations and State agencies to process
claims; use of Federal personnel to process
claims
(1) The Secretary shall promulgate regulations which establish uniform procedures and
standards for the appraisal and settlement of
claims against the Fund,
(2) Except as provided in paragraph (3) of
this subsection, the Secretary shall use the
facilities and services of private insurance and
claims adjusting organizations or State agencies
in processing claims against the Fund and may
contract to pay compensation for those facilities and services. Any contract made under the
provisions of this paragraph may be made without regard to the provisions of section 5 of title
41 upon a showing by the Secretary that advertising is not reasonably practicable. The Secretary may make advance payments to a contractor for services and facilities, and the Secretary
may advance to the contractor funds to be used
for the payment of claims. The Secretary may
review and audit claim payments made pursuant to this subsection. A payment to a claimant
for a single claim in excess of $100,000, or two
or more claims aggregating in excess of
$200,000, shall be first approved by the Secretary. When the services of a State agency are
used in processing and settling claims, no payment may be made on a claim asserted by or on
behalf of such State or any of its agencies or
subdivisions unless the payment has been approved by the Secretary.
(3) To the extent necessitated by extraordinary circumstances, where the services of such
private organizations or State agencies are inadequate, the Secretary may use Federal personnel to process claims against the Fund.
(h) Appointment of panels
Notwithstanding subsection (b) of section 556
of title 5, the Secretary is authorized to appoint, from time to time for a period of not to
exceed one hundred and eighty days, one or
more panels, each comprised of three individuals, to hear and decide disputes submitted to
the Secretary pursuant tu subhection (f) of this
section. At least one member of each panel
shall be qualified to conduct adjudicatory proceedings and shall preside over the activities of
the panel. Each member of a panel shall possess competence in the evaluation and assessment of property damage and the economic
losses resulting therefrom. Panel members may

Page 471

TITLE 43-PUBLIC LANDS

be appointed from private life or from any Federal agency except the staff administering the
Fund. Each panel member appointed from private life shall receive a per diem compensation,
and each panel member shall receive necessary
traveling and other expenses while engaged in
the work of a panel. The provisions of chapter
11 of title 18, and of Executive Order 11222, as
amended, regarding special Government employees, shall apply to panel members appointed from private life.
(i) Referral of disputes; qualifications of administrative law judges; adjudication and decision pursuant to title 5; conduct of hearing; review by Secretary; review of final orders of Secretary
(1) Upon receipt of a request for a decision
from a claimant, properly made, the Secretary
shall refer the dispute to (A) an administrative
law judge appointed under section 3105 of title
5 or (B) a panel appointed under subsection (h)
of this section.
(2) The administrative law judge and each
member of a panel to which a dispute is referred for decision shall be a resident of the
United States judicial circuit within which the
damage complained of occurred, or, if the
damage complained of occurred within two or
more circuits, of any of the affected circuits, or,
if the damage occurred outside any circuit, of
the nearest circuit.
(3) Upon receipt of a dispute, the administrative law judge or panel shall adjudicate the case
and render a decision in accordance with section 554 of title 5. In any proceeding subject to
this subsection, the presiding officer may require by subpena any person to appear and testify or to appear and produce books, papers,
documents, or tangible things at a hearing or
deposition at any designated place. Subpenas
shall be issued and enforced in accordance with
procedures in subsection (d) of section 555 of
title 5 and rules promulgated by the Secretary.
If a person fails or refuses to obey a subpena,
the Secretary may invoke the aid of the dLtrtict
court of the United States where the person is
found, resides, or transacts business in requiring the attendance and testimony of the person
and the production by him of books, papers,
documents, or any tangible things.
(4) A hearing conducted under this subsection
shall be conducted within the United States Judicial district within which, or nearest to which,
the damage complained of occurred, or, if the
damage complained of occurred within two or
more districts, in any of the affected districts,
or if the damage occurred outside any district,
in the nearest district.
(5) The decision of the administrative law
Judge or panel under this subsection shall be
the final order of the Secretary, except that
the Secretary, in his discretion and in accordance with regulations which he may promulgate, may review the decision upon his own initiative or upon exception of the claimant or the
Fund.
(6) Final orders of the Secretary made under
this subsection shall be reviewable pursuant to
section 702 of title 5 in the district courts of the
United States.

§ 1817

(J) Service of complaint and other pleadings upon
Fund; intervention by Fund; dismissal of Fund
from action; conclusiveness of judgment; failure
to give notice to Fund
(1) In any action brought pursuant to this
subchapter against an owner, operator, or guarantor, both the plaintiff and defendant shall
serve a copy of the complaint and all subsequent pleadings therein upon the Fund at the
same time such pleadings are served upon the
opposing parties.
(2) The Fund may intervene in any action de.
scribed in paragraph (1) of this subsection as a
matter of right.
(3) In any action described in paragraph (1)
of this subsection to which the Fund is a party,
if the owner, operator, or guarantor admits liability under this subchapter, the Fund upon its
motion shall be dismissed therefrom to the
extent of the admitted liability.
(4) If the Fund receives from either the plaintiff or the defendant notice of an action described in paragraph (1) of this subsection, the
Fund shall be bound by any judgment entered
therein, whether or not the Fund was a party
to the action.
(5) If neither the plaintiff nor the defendant
gives notice of an action described in paragraph
(1) of this subsection to the Fund, the limitation of liability otherwise permitted by section
1814(b) of this title shall not be available to the
defendant, and the plaintiff shall not recover
from the Fund any sums not paid by the defendant.
(k) Joinder
In any action brought against the Fund
under this subchapter, the plaintiff may join
any owner, operator, or guarantor, and the
Fund may join any person who is or may be
liable to the Fund under any provision of this
subchapter.
(1) Time for presenting claims; limitation of actions
No claim may be presented, nor may an
action be commenced for economic losses recoverable under this subchapter, unless such claim
is presented to, or such action is commenced
against, the owner, operator, or guarantor, or
the Fund, as to their respective liabilities,
within three years after the date of discovery
of the economic loss for which a claim may be
asserted under section 1813(a) of this title, or
within six years of the date of the incident
which resulted in such loss, whichever is
earlier.
(Pub. L. 95-372, title III, § 307, Sept. 18, 1978, 92
Stat. 679.)
REFERENCES IN TEXT

Executive Order 11222. as amended referred to in
subsec. (h), is set out as a note undc. section 201 of
Title 18, Crimes and Criminal Procedure.
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1812, 1818 of
this title.

§ 1818

TITLE 43-PUBLIC LANDS

§ 1818. Subrogation
(a) Rights, claims, and causes of action of compensated claimants
Any person or governmental entity, including
the Fund, who pays compensation to any claimant for an economic loss, compensable under
section 1813 of this title, shall be subrogated to
all rights, claims, and causes of action which
such claimant has under this subchapter.
(b) Action commenced by Attorney General
Upon request of the Secretary, the Attorney
General may commence an action, on behalf of
the Fund, for the compensation paid by the
Fund to any claimant pursuant to this subchapter. Such an action may be commenced
against any owner, operator, or guarantor, or
against any other person or governmental
entity, who is liable, pursuant to any law, to the
compensated claimant or to the Fund, for economic losses for which the compensation was
paid.
(c) Elements of recovery
In any claim or action by the Fund against
any owner, operator, or guarantor, pursuant to
the provisions of subsection (a) or (b) of this
section, the Fund shall recover(1) for a claim presented to the Fund
(where there has been a denial of source designation) pursuant to section 1817(b)(1) of
this title, or (where there has been a denial of
liability) pursuant to section 1817(c)(1) of this
title(A) subject only to the limitation of liability to which the defendant is entitled under
section 1814(b) of this title, the amount the
Fund has paid to the claimant, without reduction;
(B) interest on such amount, at the rate
calculated in accordance with section
1814(g)(2) of this title, from the date upon
which the claim is presented by the claimant to the defendant to the date upon
which the Fund is paid by the defendant,
inclusive, less the period, if any, from the
date upon which the Fund offers to the
claimant the amount finally paid by the
Fund to the claimant in satisfaction of the
claim against the Fund to the date upon
which the claimant accepts that offer, inclusive; and
(C) all costs incurred by the Fund by
reason of the claim, both of the claimant
against the Fund and the Fund against the
defendant, including, but not limited to,
processing costs, investigating costs, court
costs, and attorneys' fees: and
(2) for a claim presented to the Fund pursuant to section 1817(c)(2) of this title(A) in which the amount the Fund has
paid to the claimant exceeds the largest
amount, ii any, the defendant offered to
the claimant in satisfaction of the claim of
the claimant against the defendant(I) subject to dispute by the defendant
as to any excess over the amount offered
to the claimant by the defendant, the
amount the Fund has paid to the claim.
ant;

Page 472

(i) interest, at the rate calculated in accordance with section 1814(g)(2) of this
title, for the period specified in paragraph
(1)(B) of this subsection; and
(iII) all costs incurred by the Fund by
reason of the claim of the Fund against
the defendant, including, but not limited
to, processing costs, investigating costs,
court costs, and attorneys' fees; or
(B) in which the amount the Fund has
paid to the claimant is less than or equal to
the largest amount the defendant offered
to the claimant in satisfaction of the claim
of the claimant against the defendant(I) the amount which the Fund has paid
to the claimant, without reduction;
(it) interest, at the rate calculated in accordance with section 1814(g)(2) of this
title, from the date upon which the claim
is presented by the claimant to the defendant to the date upon which the defendant offered to the claimant the largest amount referred to in this subparagraph, except that if the defendant
tenders the offer of the largest amount
referred to in this subparagraph within
sixty days after the date upon which the
claim of the claimant is either presented
to the defendant or advertising is commenced pursuant to section 1816 of this
title, the defendant shall not be liable for
interest for that period; and
(iii) interest from the date upon which
the claim of the Fund against the defendant is presented to the defendant to the
date upon which the Fund is paid, inclusive, less the period, if any, from the date
upon which the defendant offers to the
Fund the amount finally paid to the Fund
in satisfaction of the claim of the Fund to
the date upon which the Fund accepts
that offer, inclusive.
d) Payment of Interest to claimant
The Fund shall pay over to the claimant that
portion of any Interest the Fund recovers, pursuant to subsection (c)(1) and (2)(A) of this section, for the period from the date upon which
the claim of the claimant is presented to the
defendant to the date upon which the claimant
is paid by the Fund, inclusive, less the period
from the date upon which the Fund offers to
the claimant the amount finally paid to the
claimant in satisfaction of the claim to the date
upon which the claimant accepts such offer, inclusive.
(e) Recovery of interest and costs by Fund
The Fund is entitled to recover for all interest and costs specified in subsection (c) of this
section without regard to any limitation of liability to which the defendant may otherwise be
entitled under this subchapter.
(Pub, L. 95-372, title III, § 308, Sept. 18, 1978, 92
Stat. 682.)
SECTION REFERRED TO IN OTHER SECTIONS

This section Is referred to in section 1812 of this
title.

Page 473

TITLE 43-PUBLIC LANDS

§ 1819. Jurisdiction and venue
(a) The United States district courts shall
have original and exclusive Jurisdiction of all
controversies arising under this subchapter,
without regard to the citizenship of the parties
or the amount in controversy.
(b) Venue shall lie in any district wherein the
injury complained of occurred, or wherein the
defendant resides, may be found, or has his
principal office. For the purposes of this section, the Fund shall reside in the District of Columbia.
(Pub. L. 95-372, title III, § 309, Sept. 18, 1978, 92
Stat. 683.)
§ 1820. Relationship to other State or Federal laws
(a) Compensation for damages or removal costs
Any person who receives compensation for
damages or removal costs pursuant to this subchapter shall be precluded from recovering
compensation for the same damages or removal
costs pursuant to any other State or Federal
law. Any person who receives compensation for
damages or removal costs pursuant to any
other State or Federal law shall be precluded
from receiving compensation for the same damages or removal costs under this subchapter.
(b) Establishment of evidence of financial responsibility
No owner or operator of an offshore facility
or vessel who establishes and maintains evidence of financial responsibility in accordance
with this section shall be required under any
State law, rule, or regulation to establish any
other evidence of financial responsibility in
connection with liability for the discharge of oil
from such offshore facility or vessel. Evidence
of compliance with the financial responsibility
requirement of this section shall be accepted by
a State in lieu of any other requirement of financial responsibility imposed by such State in
connection with liability for the discharge of oil
from such offshore facility or vessel.
(c) Concurrent liability
Except as otherwise provided in this subchapter, this subchapter shall not be interpreted to preempt the field of liability or to preclude any State from imposing additional requirements or liability for any discharge of oil
resulting in damages or removal costs within
the Jurisdiction of such State.
(Pub. L. 95-372, title III, § 310, Sept. 18, 1978, 92
Stat. 684.)
§ 1821. Oil discharge prohibition
The discharge of oil from any offshore facility or vessel, in quantities which the President
under section 1321(b) of title 33 determines to
be harmful, is prohibited.
(Pub. L. 95-372, title III, § 311, Sept. 18, 1978, 92
Stat. 684.)
§ 1822. Penalties
(a)(1) Any person who fails to comply with
the requirements of section 1815 of this title,
the regulations promulgated thereunder, or any

111824

denial or detention order, shall be subject to a
civil penalty of not to exceed $10,000.
(2) The civil penalty described in paragraph
(1) of this subsection may be assessed and compromised by the President or his designee, in
connection with section 1815(a)(1) of this title,
and by the Secretary, in connection with section 1815(a)(3) and section 1815(b) of this title.
No penalty shall be assessed until notice and an
opportunity for hearing on the alleged violation have been given. In determining the
amount of the penalty or the amount agreed
upon in compromise, the demonstrated good
faith of the party shall be taken into consideration.
(3) At the request of the official assessing a
penalty under this subsection, the Attorney
General may bring an action in the name of the
Fund to collect the penalty acsessed.
(b) Any person in charge who is subject to the
jurisdiction of the United States and who fails
to give the notification required by section
1816(a) of this title shall, upon conviction, be
fined not more than $10,000 or imprisoned for
not more than one year, or both.
(Pub. L. 95-372, title III, § 312, Sept. 18, 1978, 92
Stat. 684.)
0 1823. Authorization of appropriations
(a) There is authorized to be appropriated for
the
administration
of
this
subchapter
$10,000,000 for the fiscal year ending September 30, 1979, $5,000,000 for the fiscal year
ending September 30, 1980, and $5,000,000 for
the fiscal year ending September 30, 1981.
(b) There are also authorized to be appropriated to the Fund, from time to time, such
amounts as may be necessary to carry out the
purposes of the applicable provisions of this
subchapter, including the entering into contracts, any disbursements of funds, and the issuance of notes or other obligations pursuant
to section 1812(f) of this title.
(c) Notwithstanding any other provision of
this subchapter, the authority to make contracts, to make disbursements, to issue notes or
other obligations pursuant to section 1812(f) of
this title, to charge and collect fees pursuant to
section 1812(d) of this title, or to exercise any
other spending authority shall be effective only
to the extent provided, without fiscal year limitation, in appropriation Acts enacted after September 18, 1978.
(Pub. L. 95-372, title III, § 313, Sept. 18, 1978, 92
Stat. 685.)
§ 1824. Annual report
Within six months after the end of each
fiscal year, the Secretary shall submit to the
Congress (1) a report on the administration of
the Fund during such fiscal year, and (2) his
rccommendations for such legislative changes
as he finds necessary or appropriate to improve
the management of the Fund and the administration of the liability provisions of this subchapter.
(Pub. L. 95-372, title III, § 314, Sept. 18, 1978, 92
Stat. 685.)

TITLE 43-PUBLIC LANDS

§ 1841

SUBCHAPTER II-FISHERMEN'S
CONTINGENCY FUND
§ 1841. Definitions
As used in this subchapter, the term(1) "area affected by Outer Continental
Shelf activities" means any geographic area:
(A) which is under oil or gas lease on the
Outer Continental Shelf;
(B) where Outer Continental Shelf exploration, development or production activities
have been permitted, except geophysical activities;
(C) where pipeline rights-of-way have
been granted; or
(D) otherwise impacted by such activities
including but not limited to expired lease
areas, relinquished rights-of-way and easements, Outer Continental Shelf supply
vessel routes, or other areas as determined
by the Secretary;
(2) "citizen of the United States" means any
person who is a United States citizen by law,
birth, or naturalization, any State, any
agency of a State, or a group of States, or any
corporation, partnership, or association organized under the laws of any State which has
as its president or other chief executive officer and as its chairman of the board of directors, or holder of a similar office, a person
who is a United States citizen by law, birth, or
naturalization, and which has at least 75 per
centum of the interest of I therein owned by
citizens of the United States. Seventy-five per
centum of the interest in the corporation
shall not be deemed to be owned by citizens
of the United States(A) if the title to 75 per centum of its
stock is not vested in such citizens free from
any trust or fiduciary obligation in favor of
any person not a citizen of the United
States;
(B) if 75 per centum of the voting power
in such corporation is not vested in citizens
of the United States;
(C) if through any contract or understanding it is so arranged that more than 25
per centum of the voting power may be exercised, directly or indirectly, in behalf of
any person who is not a citizen of the
United States; or
(D) if by any other means whatsoever
control of any interest in the corporation in
excess of 25 per centum is conferred upon
or permitted to be exercised by any person
who is not a citizen of the United States;
(3) "commercial fisherman" means any citizen of the United States who owns, operates,
or derives income from being employed on a
commercial fishing vessel;
(4) "commercial fishing vessel" means any
vessel, boat, ship, or other craft which is (A)
documented under the laws of the United
States or, if under five net tons, registered
under the laws of any State, and (B) used for,
equipped to be used for, or of a type which is
normally used for commercial purposes for
the catching, taking, or harvesting of fish or
'So in original. The "of" Isprobably unnecessary.

Page 474

the aiding or assisting of any activity related
to the catching, taking, or harvesting of fish,
including, but not limited to, preparation,
supply, storage, refrigeration, transportation,
or processing;
(5) "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal
and plant life other than marine mammals,
birds, and highly migratory species;
(6) "fishing gear" means (A) any commercial fishing vessel, and (B) any equipment of
such vessel, whether or not attached to such
a vessel;
(7) "Fund" means the Fishermen's Contingency Fund established under section 1842 of
this title; and
(8) "Secretary" means the Secretary of
Commerce or the designee of such Secretary.
(Pub. L. 05-372, title IV, § 401, Sept. 18, 1978, 92
Stat. 685; Pub. L.97-212, §§ 1, 8, June 30, 1982,
96 Stat. 143, 147.)
AMENDMENTS

1982-Pub. L. 97-212 added par. (1), redesignated
former pars. (1) to (7) as (2) to (8), respectively, and
struck out "at sea" following "the aiding or assisting"
in par. (4)(B) as redesignated.
EFrEcTivE DATE OF 1982 AMENDMENT

Section 9 of Pub. L. 97-212 provided that:
"(a) Except as provided for in subsection (b), the
amendments made by this Act [amending sections
1841 to 1845 of this title, repealing section 1847 of this
title, enacting a provision set out as a note under section 1823 of Title 16, Conservation, and amending a
provision set out as a note under section 1823 of Title
161 shall apply with respect to claims for damages
that are filed, on or after the date of the enactment of
this Act [June 30, 19821, with the Secretary of Commerce under section 405(a) of the Outer Continental
Shelf Lands Act Amendments of 1978 [section 1845(a)
of this title].
"(b)(1) Any commercial fisherman who filed a claim
with the Secretary of Commerce for compensation
under title IV of such amendments of 1978 (this subchapter] before the date of the enactment of this Act
[June 30, 1982] may, if no decision on such claim was
rendered under section 405(d) of such title IV [section
1845(d) of this title] before such date of enactment
[June 30, 19821, refile such claim with the Secretary if
the claimant notifies the Secretary in writing within
thirty days after notification under paragraph (2) of
his eligibility to refile the claim that he intends to so
refile. If timely notification of intent to refile is made
under the preceding sentence, any action pending with
respect to the original claim shall be suspended pending the refiling of the claim under paragraph (2) and,
if such refiling is timely made, such action shall be vacated.
"(2) The Secretary shall notify each claimant eligible to refile a claim under paragraph (1) of such eligibility within 10 days after the date of enactment of
this Act [June 30, 1982].
"(3) A claim for which notification on intent to refile
was timely made under paragraph (1) must be refiled
with the Secretary within the thirty-day period after
the date on which the regulations promulgated to implement the amendments made by this Act become
final or action shall be resumed with respect to such
claim without regard to the amendments made by this
Act.
"(4) The amendments made by this Act shall apply
with respect to any claim that is refiled on a timely
basis under paragraph (3)."

Page 475

TITLE 43-PUBLIC LANDS

§ 1842. Fishermen's Contingency Fund
(a) Establishment; availability; source of deposits;
limitation on amount; interest-bearing accounts;
litigation
(1) There is established in the Treasury of
the United States a Fishermen's Contingency
Fund. The Fund shall be available to the Secretary without fiscal year limitations as a revolving fund for the purpose of making payments
pursuant to this section. The Fund shall consist
of(A) revenues received from investments
made under paragraph (3);
(B) amounts collected under subsection (b)
of this section; and
(C) amounts recovered by the Secretary
under section 1845(h)(2) of this title.
The total amount in the Fund that is collected
under subsection (b) of this section may at no
time exceed $2,000,000; and the total amount in
the Fund which is attributable to revenue received under paragraph (3) or recovered by the
Secretary under section 1845(h)(2) of this title
shall be expended prior to amounts collected
under subsection (b) of this section. Not more
than 8 percent of the total amount In the Fund
may be expended in any fiscal year for paying
the administrative and personnel expenses referred to in paragraph (2)(A).
(2) The Fund shall be available, as provided
for in appropriation Acts solely for the payment of(A) the personnel and administrative expenses incurred in carrying out this sub.
chapter;
(B) any claim, in accordance with procedures established under this section, for damages that are compensable under this subchapter; and
(C) attorney and other fees awarded under
section 1845(e) of this title with respect to
any such claim.
(3) Sums in the Fund that are not currently
needed for the purposes of the Fund shall be
kept on deposit in appropriate interest-bearing
accounts that shall be established by the Secretary of the Treasury or invested in obligations
of, or guaranteed by, the United States. Any
revenue accruing from such deposits and investments shall be deposited into the Fund.
(4) The Fund may sue and be sued in its own
name. All litigation by or against the Fund
shall be referred to the Attorney General.
(b) Payments by each holder of lease, permit, easement, or right-of-way
(1) Except as provided in paragraph (2), each
holder of a lease that is issued or maintained
under the Outer Continental Shelf Lands Act
[43 U.S.C. 1331 et seq.] and each holder of an
exploration permit, or an easement or right-ofway for the construction of a pipeline in any
area of the Outer Continental Shelf, shall pay
an amount specified by the Secretary. The Secretary of the Interior shall collect such amount
and deposit it into the Fund. In any calendar
year, no holder of a lease, permit, easement, or
right-of-way shall be required to pay an amount
in excess of $5,000 per lease, permit, easement,
or right-of-way.

§ 1842

(2) Payments may not be required under
paragraph (1) by the Secretary of the Interior
with respect to geological permits and geophysical permits, other than prelease exploratory drilling permits issued under section 11 of
the Outer Continental Shelf Lands Act (43
U.S.C. 1340).
(Pub. L. 95-372, title IV, § 402, Sept. 18, 1978, 92
Stat. 686; Pub. L. 97-212, § 2, June 30, 1982, 96
Stat. 143.)
REFERENCES IN TEXT

The Outer Continental Shelf Lands Act, referred to
in subsec. (b)(1), is act Aug. 7, 1953, ch. 345, 67 Stat.
462, as amended, which is classified generally to subchapter III (1 1331 et seq.) of chapter 29 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 1331 of this title
and Tables.
AMENDMENTS

1982-Subsec. (a). Pub. L. 97-212 redesignated as
subsec. (a)(1) former subsec. (a) and in subsec. (a)(1)
as so redesignated substituted provisions relating to
the source of funds, that the total amount of the
Fund would not exceed $2,000,000, that the total
amount in the Fund which is attributable to revenue
received under par. (3) as amended or recovered by the
Secretary under section 1845(h)(2) of this title be expended prior to amounts collected under subsec. (b) as
amended, and that not more than 8 percent of the
total amount in the Fund be expended in any fiscal
year for the paying of administrative and personnel
expenses, for provisions that the amounts paid pursuant to former subsecs. (c) and (d) of this section be deposited in the Fund, and that the total amount in the
Fund not exceed $1,000,000, redesignated as subsec.
(a)(2) former subsec. (e), and as so redesignated struck
out provision that the amounts disbursed for administrative or personnel expenses not exceed 15 percent of
the amounts deposited in a revolving account for that
fiscal year, added as subsec. (a)(3) provisions that the
sums of the Fund be kept on deposit in interest-bearing accounts, and added as subsec. (a)(4) provision
that all litigation be referred to the Attorney General.
Subsec. (b). Pub. L. 97-212 redesignated as subsec.
(b)(1) provisions of former subsec. (c) and added as
subsec. (b)(2) provision that payments not be required
under par. (1) by the Secretary of the Interior with respect to geological and geophysical permits other than
prelease exploratory drilling permits issued under section 1340 of this title. Former subsec. (b) relating to
the establishment and maintenance of an area account
within the Fund was struck out.
Subsec. (c). Pub. L. 97-212 redesignated subsec. (c) as
(b)(1).
Subsec. d). Pub. L. 97-212 struck out subsec. (d)
which related to the level of area account funds.
Subsec. (e). Pub. L. 97-212 redesignated subsec. (e) as
(a)(2).
1982 AMENDMENT
Amendment by Pub. L. 97-212 applicable with respect to claims for damages filed on or after June 30,
1982, with the Secretary of Commerce under section
1845(a) of this title, with provision for the refiling of
previously filed claims under certain circumstances,
see section 9 of Pub. L. 97-212, set out as a note under
section 1841 of this title.
EFFECTIVE DATE OF

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1841 of this
title.

§ 1843

TITLE 43-PUBLIC LANDS

§ 1813. )uties and powers of Secretary
(a) Prescription and amendment of regulations respecting settlement of claims; identification clas.
sification or potential hazards to commercial
fishing
In carrying out the provisions of this subchapter, the Secretary shall(1) prescribe, and from time to time amend,
regulations for the filing, processing, and fair
and expeditious settlement of claims pursuant to this subchapter, including a time limitation on the filing of such claims (except
that, notwithstanding any other provision of
law, final regulations implementing the 1981
amendments to this subchapter shall be published in the Federal Register within 120 days
after the date of the enactment of such
amendments); and
(2) identify and classify all potential hazards to commercial fishing caused by Outer
Continental Shelf oil and gas exploration, development, and production activities, including all obstructions on the bottom, throughout the water column, and on the surface.
(b) Establishment of regulations respecting color
coding, stamping, or labeling of equipment, tools,
etc., used on Outer Continental Shelf
The Secretary of the Interior shall establish
regulations requiring all materials, equipment,
tools, containers, and all other items used on
the Outer Continental Shelf to be properly
color coded, stamped, or labeled, wherever practicable, with the owner's identification prior to
actual use.
(c) I)isbursement of payments to compensate commercial fishermen; restrictions
(1) Payments shall be disbursed by the Secretary from the Fund to compensate commercial
fishermen for actual and consequential damages, including resulting economic loss, due to
damages to, or loss of, fishing gear by materials, equipment, tools, containers, or other items
associated with Outer Continental Shelf oil and
gas exploration, development, or production activities. The compensation payable under this
section for resulting economic loss shall be an
amount equal to 25 per centum of such loss.
For purposes of this subsection, the term "resulting economic loss" means the gross income,
as estimated by the Secretary, that a commercial fisherman who is eligible for compensation
under this section will lose by reason of not
being able to engage in fishing, or having to
reduce his fishing effort, during the period
before the damaged or lost fishing gear concerned is repaired or replaced and available for
use.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, no payment may
be made by the Secretary from the Fund(A) to the extent that damages were caused
by the negligence or fault of the commercial
fisherman making the claim;
(B) if the damage set forth in the claim was
sustained prior to September 18, 1978;
(C) in the case of a claim for damage to, or
loss of, fishing gear, in an amount in excess of
the replacement value of the fishing gear
with respect to which the claim is filed; and

Page 476

(D) for any portion of the damages claimed
with respect to which the claimant has received, or will receive, compensation from insurance.
(Pub. L. 95-372, title IV, § 403, Sept. 18, 1978, 92
Stat. 687; Pub. L. 96-561, title II, § 240(b)(2),
Dec. 22, 1980, 94 Stat. 3301; Pub. L. 97-212, §§ 3,
7, June 30, 1982, 96 Stat. 144, 147.)
REFERENCES IN TEXT

The 1981 amendments to this subchapter, referred
to in subsec. (a)(1), probably means the amendments
made to this subchapter in 1982 by Pub. L. 97-212,
which amended sections 1841 to 1845 of this title, repealed section 1847 of this title, and enacted a provision set out as a note under section 1841 of this title.
Pub. L. 97-212 also enacted a provision set out as a
note under section 1823 of Title 16, Conservation, and
amended a provision set out as a note under section
1823 of Title 16.
The date of enactment of such amendments, referred to in subsec. (a)(1), probably means the date of
enactment of Pub. L. 97-212, which was approved June
30, 1962.
AMENDMENTS

1982-Subsec. (a)(1). Pub. L. 97-212, § 7, substituted
"claims (except that, notwithstanding any other provision of law, final regulations implementing the 1981
amendments to this subchapter shall be published in
the Federal Register within 120 days after the date of
the enactment of such amendments); and" for "claims;
and".
Subsec. (c)(1). Pub. L. 97-212. 1 3(l), substituted
"Fund" for "appropriate area account" and "resulting
economic loss" for "loss of profits", inserted "Outer
Continental Shelf" following "items associated with".
struck out "in such area, whether or not such damage
occurred in such area" after "production activities",
and added provisions that compensation payable
under this section for resulting economic loss be an
amount equal to 25 per centum of such loss and provision defining "resulting economic loss" for purposes of
subsec. (c).
Subsec. (c)(2). Pub. L. 97-212, § 3(2). substituted "the
Fund" for "any area account established under this
subchapter" in provisions preceding subpar. (A),
struck out subpars. (A) and (E) which had related, respectively, to damage caused by materials, equipment,
tools, containers, or other items attributable to a financially responsible party and the party admitted responsibility and to loss of profits for any period in
excess of 6 months unless such claim was supported by
records with respect to the claimant's profits during
the previous 12-month period, redesignated subpars.
(B), (C), and (D) as (A), (B), and (C) respectively, redesignated subpar. (F) as (D), and in subpar. (D) as so
redesignated, substituted "received, or will receive,"
for "or will receive".
1980-Subsec. (c)(2)(A). Pub. L. 96-561 added reference to the party admitting responsibility.
EFFECTIVE DATE OF

1982

AMENDMENT

Amendment by Pub. L. 97-212 applicable with respect to claims for damages filed on or after June 30,
1982, with the Secretary of Commerce under section
1845(a) of this title, with provision for the refiling of
previously filed claims under certain circumstances,
see section 9 of Pub. L. 97-212, set out as a note under
section 1841 of this title.
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1845 of this
title.

TITLE 43-PUBLIC LANDS

Page 477
§ 1844. Burden of proof

With respect to any claim for damages filed
under this subchapter, there shall be a presumption that such damages were due to activities related to oil and gas exploration, development, or production if the claimant establishes
that(1) the commercial fishing vessel was being
used for fishing and was located in an area affected by Outer Continental Shelf activities;
(2) a report on the location of the material,
equipment, tool, container, or other item
which caused such damages and the nature of
such damages was made within fifteen days
after the date on which the vessel first returns to a port after discovering such damages;
(3) there was no record on the latest nautical charts or Notice to Mariners in effect at
least 15 days prior to the date such damages
were sustained that such material, equipment, tool, container, or other item existed
where such damages occurred, except that in
the case of damages caused by a pipeline, the
presumption established by this section shall
obtain whether or not there was any such
record of the pipeline on the damage date;
and
(4) there was no proper surface marker or
lighted buoy which was attached or closely
anchored to such material, equipment, tool,
container, or other item.
(Pub. L. 95-372, title IV, § 404, Sept. 18, 1978, 92
Stat. 688; Pub. L. 97-212, § 4, June 30, 1982, 96
Stat. 145.)
AMENDMENTS

1982-Pub. L. 97-212, § 4(1), substituted "under this
subchapter" for "pursuant to this subchapter" and
"damages were due to activities related to oil and gas
exploration, development, or production" for "claim is
valid" in the provisions preceding par. (1).
Par. (2). Pub. L. 97-212, §4(2), substituted "fifteen
days after the date on which the vessel first returns to
a port after discovering such damages" for "five days
after the date on which such damages were discovered".
Par. (3). Pub. L.97-212, 1 4(3), inserted "the latest"
following "no record on", struck out "the" preceding
"Notice to Mariners", and substituted "In effect at
least 15 days prior to the date" for "on the date" and
"where such damages occurred, except that in the case
of damages caused by a pipeline, the presumption established by this section shall obtain whethLr or not
there was any such record of the pipeline on the
damage date" for "in such area".
ErrECTiVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-212 applicable with respect to claims for damages filed on or after June 30,
1982, with the Secretary of Commerce under section
1845(a) of this title, with provision for the refiling of
previously filed claims under certain circumstances,
see section 9 of Pub. L.97-212, set out as a note under
section 1841 of this title.
§ 1845. Claims procedure
(a) Filing requirement; time to file
Any commercial fisherman suffering damages
compensable under this subchapter may file a
claim for compensation with the Secretary,
except that no such claim may be filed more

§1845

than 60 days after the date of discovery of the
damages with respect to which such claim is
made.
(b) Transmittal of copy of claim to Secretary of the
Interior; reference to Secretary
Upon receipt of any claim under this section,
the Secretary shall transmit a copy of the claim
to the Secretary of the Interior and shall take
such further action regarding the claim that is
required under subsection (d) of this section.
(c) Notification to persons engaged In activities associated with Outer Continental Shelf energy activities; response of persons notified; submittal of
evidence
The Secretary of the Interior shall make reasonable efforts to notify all persons known to
have engaged in activities associated with
Outer Continental Shelf energy activity in the
vicinity. Each such person shall promptly
notify the Secretary and the Secretary of the
Interior as to whether he admits or denies responsibility for the damages claimed. Any such
person, including lessees or permittees or their
contractors or subcontractors, may submit evidence at any proceeding conducted with respect
to such claim.
(d) Acceptance of claim by Secretary; time to render
decision; review of initial determination
(1) The Secretary shall, under regulations
prescribed pursuant to section 1843(a) of this
title, specify the form and manner in which
claims must be filed.
(2) The Secretary may not accept any claim
that does not meet the filing requirements
specified under paragraph (1), and shall give a
claimant whose claim is not accepted written
notice of the reasons for nonacceptance. Such
written notice must be given to the claimant
within 30 days after the date on which the
claim was filed and if the claimant does not
refile an acceptable claim within 30 days after
the date of such written notice, the claimant is
not eligible for compensation under this subchapter for the damages concerned; except that
the Secretary(A) shall in any case involving a good faith
effort by the claimant to meet such filing requirements, or
(B) may in any case involving extenuating
circumstances, accept a claim that does not
meet the 30-day refiling requirement.
(3)(A) The Secretary shall make an initial determination with respect to the claim within 60
days after the day on which the claim is accepted for filing. Within 30 days after the day on
which the Secretary issues an initial determination on a claim, the claimant, or any other interested person who submitted evidence relating to the initial determination, may petition
the Secretary for a review of that determination.
(B) If a petition for the review of an initial
determination is not filed with the Secretary
within the 30-day period provided under subparagraph (A), the initial determination shall
thereafter be treated as a final determination
by the Secretary on the claim involved.

§1815

TITLE 43-PUBLIC LANDS

(C) If a petition for review of an initial determination is timely filed under subparagraph
(A), the Secretary shall allow the petitioner 30
days after the day on which the petition is received to submit written or oral evidence relating to the initial determination. The Secretary
shall then undertake such review and, on the
basis of such review, issue a final determination
no later than the 60th day after the day on
which the Secretary received the petition for
review of an initial determination.
(el Claim preparation fees; attorney's fees
If the decision of the Secretary under subsection (d) of this section is in favor of the commercial fisherman filing the claim, the Secretary, as a part of the amount awarded, shall include reasonable claim preparation fees and
reasonable attorney's fees, if any, incurred by
the claimant in pursuing the claim.
(f) Powers or Secretary
(I) For purposes of any proceeding conducted
pursuant to this section, the Secretary shall
have the power to administer oaths and subpena the attendance or testimony of witnesses
and the production of books, records, and other
evidence relative or pertinent to the issues
being presented for determination.
(2) In any proceeding conducted pursuant to
this section with respect to a claim for damages
resulting from activities on any area of the
Outer Continental Shelf, the Secretary shall
consider evidence of obstructions in such area
which have been identified pursuant to the
survey conducted under section 1847 of this
title.
(g) Place of proceeding
Any proceeding conducted with respect to an
initial determination on a claim under subsection (d)(3)(A) of this section shall be conducted
within such United States Judicial district as
may be mutually agreeable to the claimant and
the Secretary or, if no agreement can be
reached, within the United States Judicial district in which the home port of the claimant is
located.
(h) Certification and disbursement of award; subrogation of rights: payment of costs of proceedings
(1) The amount awarded in an initial determination by the Secretary under subsection (d) of
this section shall be immediately disbursed,
subject to the limitations of this section, by the
Secretary if the claimant(A) states in writing that he will not petition for review of the initial determination;
and
(B) enters into an agreement with the Secretary to repay to the Secretary all or any
part of the amount of the award if, after
review under subsection (d)(3)(C) of this section or, if applicable, after judicial review, the
amount of the award, or any part thereof, is
not sustained.
(2) Upon payment of a claim by the Secretary
pursuant to this subsection, the Secretary shall
acquire by subrogation all rights of the claimant against any person found to be responsible
for the damages with respect to which such
claim was made. Any moneys recovered by the

Page 478

Secretary through subrogation shall be deposited into the Fund.
(3) Any person who denies responsibility for
damages with respect to which a claim is made
and who is subquently 2 found to be responsible
for such damages, and any commercial fisherman who files a claim for damages and who is
subsequently found to be responsible for such
damages, shall pay the costs of the proceedings
under this section with respect to such claim.
(I) Judicial review
Any claimant or other person who suffers a
legal wrong or who is adversely affected or aggrieved by a final determination of the Secretary under subsection (d) of this section, may,
no later than 30 days after such determination
is made, seek judicial review of the determination in the United States district court for such
United States judicial district as may be mutually agreeable to the parties concerned or, if no
agreement can be reached, in the United States
district court for the United States Judicial district in which is located the home port of the
claimant.
(Pub. L. 95-372, title IV, § 405, Sept. 18, 1978, 92
Stat. 688; Pub. L. 97-212, § 5, June 30, 1982, 96
Stat. 145.)
REFERENCES IN TEXT

Section 1847 of this title, referred to in subsec. (f)(2),
was repealed by Pub. L. 97-212, § 6(a), June 30, 1982,
96 Stat. 147.
AMENDMENTS

1982-Subsec. (b). Pub. L. 97-212, § 5(1l), struck out
pars. (1) and (2) designations, and substituted "shall
take such further action regarding the claim that is
required under subsection (d) of this section" for
"refer such matter to a hearing examiner appointed
under section 3105 of title 5".
Subsec. (c). Pub. L. 97-212, 1 5(2). substituted "proceeding" for "hearing",
Subsec. (d). Pub. L. 97-212, 5(3), substituted provisions relating to the filing of claims with the Secretary
of the Interior in order to be eligible for compensation
under this subehapter, the time for such filing, the
time in which the Secretary must make his initial determination with respect to the claim, and the submission of evidence by the petitioner when reviewing an
initial determination by the Secretary, for provisions
relating to the time in which a hearing examiner has
to render a decision.
Subsec. (e). Pub. L. 97-212, §5(4), substituted provisions that if the decision of the Secretary is in favor of
the commercial fisherman filing the claim, the Secretary shall award to such claimant reasonable attorney's fees and claim preparation fees Incurred by
claimant in pursuing such claim for provisions that
upon a decision in favor of the claimant fisherman,
the hearing examiner include in the award reasonable
attorney's fees Incurred by the claimant in pursuing
such claim.
Subsec. f). Pub. L. 97-212, §5(5), substituted "the
Secretary" for "hearing examiner" and "proceeding"
for "hearing" wherever appearing, The amendment
which directed the substitution of "the Secretary" for
"hearing examiner" was executed by substituting "the
Secretary" for "the hearing examiner", as the probable intent of Congress, to avoid repeating the article
"the" preceding "Secretary" in the two places it appeared.
'So In original. Probably should be "subsequently".

Page 479

TITLE 43-PUBLIC LANDS

Subsec. (g). Pub. L. 97-212, §5(6), substituted "Any
proceeding conducted with respect to an initial determination on a claim under subsection (d)(3)(A) of this
section shall be conducted within such United States
Judicial district as may be mutually agreeable to the
claimant and the Secretary or, if no agreement can be
reached, within the United States judicial district in
which the home port of the claimant is located" for
"A hearing conducted under this section shall be conducted within the United States Judicial district
within which the matter giving rise to the claim occurred, or. if such matter occurred within two or more
districts, in any of the affected districts, or, if such
matter occurred outside of any district, in the nearest
dirtrict".
Subsec. (h)(1). Pub. L. 97-212, 1 5(7)(A), substituted
provisions that the amount awarded in an initial determination by the Secretary under subsec. (d) be immediately disbursed by the Secretary if the claimant
states in writing that he will not petition for review of
the initial determination and he enters into an agreement with the Secretary to repay to the Secretary all
or any part of the award that is not sustained upon
later Judicial review for provisions that upon a decision of the hearing examiner and in absence of Judicial review, any amount to be paid would be certified
to the Secretary who would promptly disburse the
award and that such decision of the hearing examiner
was not reviewable by the Secretary.
Subsec. (h)(2). Pub. L. 97-212, § 5(7)(B), inserted provision that any moneys recovered by the Secretary
through subrogation shall be deposited into the Fund.
Subsec. (I). Pub. L. 97-212, 1 5(8), substituted "Any
claimant or other person who suffers a legal wrong or
who is adversely affected or aggrieved by a final determination of the Secretary under subsection (d) of this
section. may, no later than 30 days after such determination Is made, seek judicial review of the determination in the United States district court for such United
States judicial district as may be mutually agreeable
to the parties concerned or, if no agreement can be
reached, in the United States district court for the
United States judicial district in which is located the
home port of the claimant" for "Any person who suffers legal wrong or who is adversely affected or aggrieved by the decision of a hearing examiner under
this section may, no later than 60 days after such decision is made, seek Judicial review of such decision in
the United States court of appeals for the circuit in
which the damage occurred, or if such damage occurred outside of any circuit, in the United States
court of appeals for the nearest circuit".

§ 1861

§ 1846. Annual report
(a) The Secretary shall submit an annual
report to the Congress which shall set forth(1) a description of the types of damages set
forth in claims filed with the Secretary
during the previous year for compensation
from the Fund;
(2) the amount of compensation awarded to
claimants during the previous year; and
(3) the number of cases during the previous
year in which damages were determined to be
the responsibility of a lessee or permittee conducting operations on the Outer Continental
Shelf, or the contractor or subcontractor of
such a lessee or permittee.
(b) In addition to the material described in
subsection (a) of this section, the Secretary
shall, after consultation with the Secretary of
the Interior, include in the first annual report
an evaluation of the feasibility and comparative
cost of preventing or reducing obstructions on
the Outer Continental Shelf which pose potential hazards to commercial fishing or fishing
gear by (1) imposing fines or penalties on les-

sees or permittees, or contractors or subcontractors of lessees or permittees, who are responsible for such obstructions, or (2) requiring
the bonding of such lessees or permittees or

such contractors or subcontractors.
(Pub. L. 95-372, title IV, § 406, Sept. 18, 1978, 92
Stat. 689.)
§ 1847. Repealed. Pub. L. 97-212, § 6(a), June 30, 1982,
96 Stat. 147
Section, Pub. L. 95-372, title IV, § 407, Sept. 18, 1978,
92 Stat. 690, related to survey of obstructions on Outer
Continental Shelf and the development of charts for
commercial fishermen.
EFFECTIVE DATE OF REPEAL

Repeal effective June 30, 1982. and applicable with
respect to claims for damages filed on or after such
date, with the Secretary of Commerce under section
1845(a) of this title, see section 9(a) of Pub. L. 97-212,
set out as an Effective Date of 1982 Amendment note
under section 1841.

EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-212 applicable with respect to claims for damages filed on or after June 30,
1982, with the Secretary of Commerce under section
1845(a) of this title, with provision for the refiling of
previously filed claims under certain circumstances,
see section 9 of Pub. L. 97-212, set out as a note under
section 1841 of this title.
COMPENSATION FOR CERTAIN FISHING VESSEL AND
GEAR DAMAGE; APPLICATION

Authority to owners or operators of fishing vessels
and commercial fishermen failing to make application
for compensation within the time limitations of this
section or section 1980 of Title 22, Foreign Relations
and Intercourse, to make application for compensation
within the 60-day period beginning on Dec. 22, 1980,
see section 240(a), (b)(1) of Pub. L. 96-561, title II,
Dec. 22, 1980, 94 Stat. 3300, set out as a note under section 1980 of Title 22.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1842 of this
title.

SUBCHAPTER III-MISCELLANEOUS
PROVISIONS
§ 1861. Report to Comptroller General on shut-in and
flaring oil and gas wells; submission of findings
and recommendations to Congress
(a) In a report submitted within six months
after September 18, 1978, and his annual report
thereafter, the Secretary of the Interior shall
list all shut-in oil and gas wells and wells flaring natural gas on leases issued under the
Outer Continental Shelf Lands Act [43 U.S.C.
1331 et seq.]. Each such report shall be submitted to the Comptroller General and shall indicate why each well is shut-in or flaring natural
gas, and whether the Secretary intends to require production on such a shut-in well or order
cessation flaring.
(b) Within six months after receipt of the
Secretary's report, the Comptroller General
shall review and evaluate the methodology used
by the Secretary in allowing the wells to be

§l1862

Page 480

TITLE 43-PUBLIC LANDS

shut-in or to flare natural gas and submit his
findings and recommendations to the Congress.
(Pub. L. 95-372, title VI, § 601, Sept. 18, 1978, 92
Stat. 693.)
REFERENCES

IN TEXT

The Outer Continental Shelf Lands Act, referred to
In subsec. (a), is act Aug. 7, 1953, ch. 345, 67 Stat. 462,
as amended, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 1331 of this title
and Tables,
4 1862. Natural gas distribution
(a) Expanded participation by local distribution companies in acquisition of leases and development
of natural gas resources
The purpose of this section is to encourage
expanded participation by local distribution
companies in acquisition of leases and development of natural gas resources on the Outer
Continental Shelf by facilitating the transportation in interstate commerce of natural gas,
which is produced from a lease located on the
Outer Continental Shelf and owned, in whole
or in part, by a local distribution company,
from such lease to the service area of such local
distribution company.
(b) Application and issuance of certificates of public
convenience and necessity for transportation of
natural gas
The Federal Energy Regulatory Commission
shall, after opportunity for presentation of
written and oral views, promulgate and publish
in the Federal Register a statement of Commission policy which carries out the purpose of
this section and sets forth the standards under
which the Commission will consider applications for, and, as appropriate, issue certificates
of public convenience and necessity, pursuant
to section 717f of title 15, for the transportation in interstate commerce of natural gas,
which is produced from a lease located on the
Outer Continental Shelf and owned, in whole
or in part, by a local distribution company,
from such lease to the service area of such local
distribution company. Such statement of policy
shall specify the criteria, limitations, or requirements the Commission will apply in determing-'
(1) whether the application of any local distribution company qualifies for consideration
under the statement of policy; and
(2) whether the public convenience and necessity will be served by the issuance of the
requested certificate of transportation.
Such statement of policy shall also set forth
the terms or limitations on which the Commission may condition, pursuant to section 717f of
title 15, the issuance of a certificate of transportation under such statement of policy. To
the maximum extent practicable, such statement shall be promulgated and published
within one year after September 18, 1978.
(c) l efinitions
For purposes of this section, the term'So in original. Probably should be "determining-".

(1) "local distribution company" means any
person(A) engaged in the distribution of natural
gas at retail, including any subsidiary or affiliate thereoi engaged in the exploration
and production of natural gas; and
(B) regulated, or operated as a public utility, by a State or local government or
agency thereof;
(2) "interstate commerce" shall have the
same meaning as such term has under section
717a(7) of title 15; and
(3)
"Commission" means the Federal
Energy Regulatory Commission.
(Pub. L. 95-372, title VI, § 603, Sept. 18, 1978, 92
Stat. 694.)
§ 1863. Unlawful employment practices; regulations
Each agency or department given responsibility for the promulgation or enforcement of regulations under this chapter or the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.]
shall take such affirmative action as deemed
necessary to prohibit all unlawful employment
practices and to assure that no person shall, on
the grounds of race, creed, color, national
origin, or sex, be excluded from receiving or
participating in any activity, sale, or employment, conducted pursuant to the provisions of
this chapter or the Outer Continental Shelf
Lands Act. The agency or department shall promulgate such rules as it deems necessary to
carry out the purposes of this section, and any
rules promulgated under this section, whether
through agency and department provisions or
rules, shall be similar to those established and
in effect under title VI and title VII of the Civil
Rights Act of 1964 [42 US.C. 2000d et seq.,
2000e et seq.].
(Pub. L. 95-372, title VI, § 604, Sept. 18, 1978, 92
Stat. 695.)
REFERENCES IN TEXT

This chapter, referred to in text, was in the original
"this Act", meaning Pub. L. 95-372, Sept. 18, 1978, 92
Stat. 629, as amended, known as the Outer Continental Shelf Lands Act Amendments of 1978, which enacted this chapter, sections 1344 to 1356 of this title,
and section 237 of Title 30, Mineral Lands and Mining,
amended sections 1331 to 1334, 1337. 1340, and 1343 of
this title, sections 1456, 1456a, and 1464 of Title 16,
Conservation, and section 6213 of Title 42, The Public
Health and Welfare, and enacted provisions set out as
notes under sections 1348 and 1811 of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 1801 of this title
and Tables.
The Outer Continental Shelf Lands Act, referred to
in text, Is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
amended, which Is classified generally to subchapter
III ( 1331 et seq.) of chapter 29 of this title. For complete classification of this Act to the Code, see Short
Title note set out under section 1331 of this title and
Tables.
The Civil Rights Act of 1964, referred to in text, is
Pub. L. 88-352, July 2, 1964, 78 Stat. 252, as amended.
Title VI and VII of the Civil Rights Act of 1964 are
classified generally to subchapters V (§ 2000d et seq.)
and VI (I 2000e et seq.) of chapter 21 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 2000a of Title 42 and Tables.

Page 481

TITLE 43-PUBLIC LANDS

§ 1864. Disclosure of financial interests by officers
and employees of Department of the Interior
(a) Annual written statement
Each officer or employee of the Department
of the Interior who(1) performs any function or duty under
this chapter or the Outer Continental Shelf
Lands Act [43 U.S.C. 1331 et seq.], as amended by this Act; and
(2) has any known financial interest in any
person who (A) applies for or receives any
permit or lease under, or (B) is otherwise subJect to the provisions of this chapter or the
Outer Continental Shelf Lands Act [43 U.S.C.
1331 et seq.],
shall, beginning on February 1, 1979, annually
file with the Secretary of the Interior a written
statement concerning all such interests hehl by
such officer or employee during the preceeding 2 calendar year. Such statement shall be
available to the public.
(b) Definition of "known financial interest"; enforcement; report to Congress
The Secretary of the Interior shall(1) within ninety days after September 18,
1978(A) define the term "known financial interest" for purposes of subsection (a) of this
section; and
(B) establish the methods by which the
requirement to file written statements specified in subsection (a) of this section will be
monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and
the review by the Secretary of such statements; and
(2) report to the Congress on June 1 of each
calendar year with respect to such disclosures
and the actions taken in regard thereto
during the preceding calendar year.
(c) Officers and employees in nonregulatory or nonpolicymaking positions
In the rules prescribed in subsection (b) of
this section, the Secretary may identify specific
positions within the Department of the Interior
which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt
from the requirements of this section.
(d) Penalties
Any officer or employee who is subject to,
and knowingly violates, this section shall be
fined not more than $2,500 or imprisoned not
more than one year, or both.
(Pub. L. 95-372, title VI, § 605, Sept. 18, 1978, 92
Stat. 695.)
REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(1) and (2),
was in the original "this Act", meaning Pub. L. 95-372,
Sept. 18, 1978, 92 Stat. 629, as amended, known as the
Outer Continental Shelf Lands Act Amendments of
1978, which enacted this chapter, sections 1344 to 1356
of this title, and section 237 of Title 30, Mineral Lands
'So In original. Probably should be "preceding".
16-616 0 - 84 - Vol. 17 - 33

§ 1865

and Mining, amended sections 1331 to 1334, 1337, 1340,
and 1343 of this title, sections 1456, 1456a, and 1464 of
Title 16, Conservation, and section 6213 of Title 42,
The Public Health and Welfare, and enacted provisions set out as notes under sections 1348 and 1811 of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1801
of this title and Tables.
This Act, referred to in subsec. (a)(1), Is Pub. L.
95-372, Sept. 18, 1978, 92 Stat. 629, as amended. See
note above.
The Outer Continental Shelf Lands Act, referred to
in subsec, (a)(1) and (2), is act Aug. 7, 1953, ch. 345, 67
Stat. 462, as amended, which is classified generally to
subchapter III (Q 1331 et seq.) of chapter 29 of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 1331
of this title and Tables.
1865. Investigation of resetves of oil and gas in
Outer Continental Shelf
(a) Declaration of Congressional findings
The Congress hereby finds that(1) there is a serious lack of adequate basic
energy information available to the Congress
and the Secretary of the Interior with respect
to the availability: of oil and natural gas from
the Outer Continental Shelf;
(2) there is currently an urgent need for
such information;
(3) the existing collection of information by
Federal departments and agencies relevant to
the determination of the availability of such
oil and natural gas is uncoordinated, is jurisdictionally limited in scope, and relies too
heavily on unverified information from industry sources;
(4) adequate, reliable, and comprehensive
information with respect to the availability of
such oil and natural gas is essential to the national security of the United States; and
(5) this lack of adequate reserve data requires a reexamination of past data as well as
the acquisition of adequate current data.
(b) Declaration of Congressional purpose
The purpose of this section is to enable the
Secretary of the Interior and the Congress to
gain the best possible knowledge of the status
of Outer Continental Shelf oil and natural gas
reserves, resources, productive capacity, and
production available to meet current and future
energy supply emergencies, to gain accurate
knowledge of the potential quantity of oil and
natural gas resources which could be made
available to meet such emergencies, and to aid
in establishing energy pricing and conservation
policies.
(c) Continuing investigation to determine reserves
The Secretary of the Interior shall conduct a
continuing investigation, based on data and information which he determines has been adequately and independently audited and verified,
for the purpose of determining the availability
of all oil and natural gas produced or located on
the Outer Continental Shelf.
(d) Scope of investigation
The investigation conducted pursuant to this
section shall include, among other items-

§ 1866

TITLE 43-PUBLIC LANDS

(1)(A) a determination of the maximum attainable rate of production (MAR) of crude
oil and natural gas from significant fields on
the Outer Continental Shelf; and
(B) an analysis of whether the actual production has been less than the MAR and, if
so, the reasons for the differences;
(2) an estimate of the total discovered crude
oil and natural gas reserves by fields (including proved and indicated reserves) and undiscovered crude oil and natural gas resources
(including hypothetical and speculative resources) of the Outer Continental Shelf;
(3) the relationship of any and all such information to the requirements of conservation, industry, commerce, and the national
defense; and
(4) an independent evaluation of trade association procedures for estimating Outer Continental Shelf reserves, ultimate recovery,
and productive capacity for years in which
trade associations made such estimates. In
order to provide maximum opportunity for
evaluation and continuity, the Secretary shall
obtain all the available data and other records, including a description of the methodology and estimating procedures, which the
trade associations used in compiling their
data with respect to the reserves.
(e) Initial and subsequent reports to Congress
The Secretary shall, not later than one year
after September 18, 1978, submit an initial
report to the Congress. The initial report shall
include cost estimates for the separate components of the continuing investigation and a
time schedule for meeting all of its specifications. The schedule shall provide for producing
all the information required in subsections
(d)(1)(A), (d)(2), and (d)(3) of this section on
the day following the first complete calendar
year after September 18, 1978, and every two
years thereafter. The Secretary shall make separate reports on the data acquired pursuant to
subsection (d)(4) of this section as follows:
(1) Within six months after September 18,
1978, a report on the acquisition and details
of trade association data and information.
(2) Within twelve months after submission
of the report required by subsection (e)(1) of
this section, an evaluation of the trade association materials.
(3) Within twelve months after submission
of the report required by paragraph (2) of
this subsection, a report on the relationship
between trade association data and the new
data collected under this section.
(f) Categories of information acquired; consultation
with Federal Trade Commission; availability of
information
The Secretary of the Interior shall consult
with the Federal Trade Commission regarding
categories of information acquired pursuant to
this section. Notwithstanding any other provision of law, the Secretary of the Interior shall,
upon request of the Federal Trade Commission,
make available to such Commission any information acquired under this section,
(g) Definitions
For purposes of this section, the term-

Page 482

(1) "maximum attainable rate of production" or "MAR" means the maximum rate of
production of crude oil and natural gas which
may be produced under actual operating conditions without loss of ultimate recovery of
crude oil and natural gas; and
(2) "Outer Continental Shelf" has the
meaning given such term in section 1331(a) of
this title.
(Pub. L. 95-372, title VI, § 606, Sept. 18, 1978, 92
Stat. 696.)
§ 1866. Relationship to exihting law
(a) Except as otherwise expressly provided in
this chapter, nothing in this chapter shall be
construed to amend, modify, or repeal any provision of the Coastal Zone Management Act of
1972 [16 U.S.C. 1451 et seq,], the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et
seq.], the Mining and Mineral Policy Act of
1970 [30 U.S.C. 21a], or any other Act.
(b) Nothing in this chapter or any amendment made by this Act to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or
any other Act shall be construed to affect or
modify the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et
seq.) which provide for the transferring and
vesting of functions to and in the Secretary of
Energy or any component of the Department of
Energy.
(Pub. L. 95-372, title VI, § 608, Sept. 18, 1978, 92
Stat. 698.)
REFERENCES IN TEXT

This chapter, referred to in text, was in the original
"this Act", meaning Pub. L. 95-372, Sept. 18, 1978, 92
Stat. 629, as amended, known as the Outer Continental Shelf Lands Act Amendments of 1978, which enacted this chapter, sections 1344 to 1356 of this title,
and section 237 of Title 30, Mineral Lands and Mining,
amended sections 1331 to 1334, 1337, 1340, and 1343 of
this title, sections 1456, 1456a, and 1464 of Title 16,
Conservation, and section 6213 of Title 42, The Public
Health and Welfare, and enacted provisions set out as
notes under sections 1348 and 1811 of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 1801 of this title
and Tables.
The Coastal Zone Management Act of 1972, referred
to in subsec. (a), is title III of Pub. L. 89-454 as added
by Pub. 1. 92-583, Oct. 27, 1972, 86 Stat. 1280, as
amended, 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.
The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91-190, Jan. 1, 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 4321 of Title 42 and Tables.
The Mining and Mineral Policy Act of 1970, referred
to in subsec. (a), is Pub. L. 91-631, Dec. 31. 1970, 84
Stat. 1876, which is classified to section 21a of Title 30,
Mineral Lands and Mining.
This Act, referred to in subsec. (b). is Pub. L. 95-372,
Sept. 18, 1978, 92 Stat. 629, as amended. See note
above.
The Outer Continental Shelf Lands Act, referred to
in subsec. (b), is act Aug. 7, 1953, ch. 345, 67 Stat. 462,
as amended, which is classified generally to sub-

TITLE 43-PUBLIC LANDS

Page 483

chapter III (1 1331 et seq.) of chapter 29 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 1331 of this title
and Tables.
The Department of Energy Organization Act, referred to in subsec. (b), is Pub. L. 95-91, Aug. 4. 1977,
91 Stat. 565, as amended, which is classified principally to chapter 84 (1 7101 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 7101 of Title 42 and Tables.

CHAPTER 37-PUBLIC RANGELANDS
IMPROVEMENT
Sec.
1901.
1902.
1903.
1904.

1905.

Congressional findings and declaration of
policy.
Definitions.
Rangelands inventory and management:
public availability.
Range improvement funding.
(a) Authorization of additional appropriations.
(b) Availability of unappropriated funds
for subsequent fiscal years.
(c) Fund limitations for prescribed uses;
distribution, consultation and coordination; public hearings and
meetings; interested parties; priority of cooperative agreements with

range users.
(d) Environmental assessment record
and environmental impact statement requirements.

Grazing fees; economic value of use of land;

fair market value components; annual per-

1906.

centage change limitation.
Authority for cooperative agreements and

1907.
1908.

payments effective as provided in appropriations,
National Grasslands; exemptions.
Experimental stewardship program.

(a) Scope of program.

(b) Report to Congress.
CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1752 of this
title.
§ 1901.

Congressional

findings and declaration of

policy
(a) The Congress finds and declares that(1) vast segments of the public rangelands
are producing less than their potential for
livestock, wildlife habitat, recreation, forage,
and water and soil conservation benefits, and
for that reason are in an unsatisfactory condition;
(2) such rangelands will remain in an unsatisfactory condition and some areas may decline further under present levels of, and
funding for, management;
(3) unsatisfactory conditions on public
rangelands present a high risk of soil loss, desertification,' and a resultant underproductivity for large acreages of the public lands; contribute significantly to unacceptable levels of
siltation and salinity in major western watersheds including the Colorado River; negatively impact the quality and availability of
scarce western water supplies; threaten important and frequently critical fish and wildlife habitat; prevent expansion of the forage
'So In original.

111901

resource and resulting benefits to livestock
and wildlife production; increase surface
runoff and flood danger; reduce the value of
such lands for recreational and esthetic purposes; and may ultimately lead to unpredictable and undesirable long-term local and regional climatic and economic changes;
(4) the above-mentioned conditions can be
addressed and corrected by an intensive
public rangelands maintenance, management,
and improvement program involving significant increases in levels of rangeland management and improvement funding for multipleuse values;
(5) to prevent economic disruption and
harm to the western livestock industry, it is
in the public interest to charge a fee for livestock grazing permits and leases on the public
lands which is based on a formula reflecting
annual changes in the costs of production;
(6) the Act of December 15, 1971 (85 Stat.
649, 16 U.S.C. 1331 et seq.), continues to be
successful in its goal of protecting wild freeroaming horses and burros from capture,
branding, harassment, and death, but that
certain amendments are necessary thereto to
avoid excessive costs in the administration of
the Act, and to facilitate the humane adoption or disposal of excess wild free-roaming
horses and burros which because they exceed
the carrying capacity of the range, pose a
threat to their own habitat, fish, wildlife, recreation, water and soil conservation, domestic
livestock grazing, and other rangeland values;
(b) The Congress therefore hereby establishes and reaffirms a national policy and commitment to:
(1) inventory and identify current public
rangelands conditions and trends as a part of
the inventory process required by section
1711(a) of this title;
(2) manage, maintain and improve the condition of the public rangelands so that they
become as productive as feasible for all rangeland values in accordance with management
objectives and the land use planning process
established pursuant to section 1712 of this
title;
(3) charge a fee for public grazing use
which is equitable and reflects the concerns
addressed in paragraph (a)(5) above;
(4) continue the policy of protecting wild
free-roaming horses and burros from capture,
branding, harassment, or death, while at the
same time facilitating the removal and disposal of excess wild free-roaming horses and
burros which pose a threat to themselves and
their habitat and to other rangeland values;
(c) The policies of this chapter shall become
effective only as specific statutory authority for
their implementation is enacted by this chapter
or by subsequent legislation, and shall be construed as supplemental to and not in derogation
of the purposes for which public rangelands are
administered under other provisions of law.
(Pub. L. 95-514, § 2, Oct. 25, 1978, 92 Stat. 1803.)