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TITLE 43—PUBLIC LANDS
period passes a concurrent resolution of disapproval stating disagreement with the President’s finding concerning the national interest,
further exports made pursuant to such Presidential findings shall cease.
(d) Exchange or temporary exportation of oil
and gas for convenience or efficiency of
transportation
The provisions of this section shall not apply
to any oil or gas which is either exchanged in
similar quantity for convenience or increased efficiency of transportation with persons or the
government of a foreign state, or which is temporarily exported for convenience or increased
efficiency of transportation across parts of an
adjacent foreign state and reenters the United
States, or which is exchanged or exported pursuant to an existing international agreement.
(Aug. 7, 1953, ch. 345, § 28, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 668.)
Editorial Notes
Page 358
such responsibility or in which he participated
personally and substantially as an officer or
employee; or
(2) within one year after his employment
with the Department has ceased—
(A) knowingly act as agent or attorney for,
or otherwise represent, any other person (except the United States) in any formal or informal appearance before; or
(B) with the intent to influence, make any
oral or written communication on behalf of
any other person (except the United States)
to,
the Department of the Interior, or any officer
or employee thereof, in connection with any
judicial, rulemaking, regulation, order, lease,
permit, regulation, or other particular matter
which is pending before the Department of the
Interior or in which the Department has a direct and substantial interest.
(Aug. 7, 1953, ch. 345, § 29, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 668.)
REFERENCES IN TEXT
Editorial Notes
The Export Administration Act of 1969, referred to in
subsecs. (a) and (b), is Pub. L. 91–184, Dec. 30, 1969, 83
Stat. 841, as amended, which was formerly classified to
sections 2401 to 2413 of the former Appendix to Title 50,
War and National Defense, and which terminated on
Sept. 30, 1979, pursuant to the terms of that Act. See
chapter 56 (§ 4601 et seq.) of Title 50, War and National
Defense.
REFERENCES IN TEXT
§ 1355. Restrictions on employment of former officers or employees of Department of the Interior
No full-time officer or employee of the Department of the Interior who directly or indirectly
discharged duties or responsibilities under this
subchapter, and who was at any time during the
twelve months preceding the termination of his
employment with the Department compensated
under the Executive Schedule or compensated at
or above the annual rate of basic pay for grade
GS–16 of the General Schedule shall—
(1) within two years after his employment
with the Department has ceased—
(A) knowingly act as agent or attorney for,
or otherwise represent, any other person (except the United States) in any formal or informal appearance before;
(B) with the intent to influence, make any
oral or written communication on behalf of
any other person (except the United States)
to; or
(C) knowingly aid or assist in representing
any other person (except the United States)
in any formal or informal appearance before,
any department, agency, or court of the
United States, or any officer or employee
thereof, in connection with any judicial or
other proceeding, application, request for a
ruling or other determination, regulation,
order, lease, permit, rulemaking, or other particular matter involving a specific party or
parties in which the United States is a party
or has a direct and substantial interest which
was actually pending under his official responsibility as an officer or employee within a period of one year prior to the termination of
The Executive Schedule, referred to in text, is set out
in section 5311 et seq. of Title 5, Government Organization and Employees.
Statutory Notes and Related Subsidiaries
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.
§ 1356. Documentary, registry and manning requirements
(a) Regulations
Within six months after September 18, 1978,
the Secretary of the Department in which the
Coast Guard is operating shall issue regulations
which require that any vessel, rig, platform, or
other vehicle or structure—
(1) which is used at any time after the oneyear period beginning on the effective date of
such regulations for activities pursuant to this
subchapter and which is built or rebuilt at any
time after such one-year period, when required
to be documented by the laws of the United
States, be documented under the laws of the
United States;
(2) which is used for activities pursuant to
this subchapter, comply, except as provided in
subsection (b), with such minimum standards
of design, construction, alteration, and repair
as the Secretary or the Secretary of the Department in which the Coast Guard is operating establishes; and
(3) which is used at any time after the oneyear period beginning on the effective date of
such regulations for activities pursuant to this
subchapter, be manned or crewed, except as
provided in subsection (c), by citizens of the
United States or aliens lawfully admitted to
the United States for permanent residence.
Page 359
TITLE 43—PUBLIC LANDS
(b) Exceptions from design, construction, alteration, and repair requirements
The regulations issued under subsection (a)(2)
of this section shall not apply to any vessel, rig,
platform, or other vehicle or structure built
prior to September 18, 1978, until such time after
such date as such vehicle or structure is rebuilt.
(c) Exceptions from manning requirements
The regulations issued under subsection (a)(3)
of this section shall not apply—
(1) to any vessel, rig, platform, or other vehicle or structure if—
(A) specific contractual provisions or national registry manning requirements in effect on September 18, 1978, provide to the
contrary;
(B) there are not a sufficient number of
citizens of the United States, or aliens lawfully admitted to the United States for permanent residence, qualified and available for
such work; or
(C) the President makes a specific finding,
with respect to the particular vessel, rig,
platform, or other vehicle or structure, that
application would not be consistent with the
national interest; and
(2) to any vessel, rig, platform, or other vehicle or structure, over 50 percent of which is
owned by citizens of a foreign nation or with
respect to which the citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the
President determines that the government of
such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning
requirement for equipment engaged in the exploration, development, or production of oil
and gas in its offshore areas.
(Aug. 7, 1953, ch. 345, § 30, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 669.)
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 1356a. Coastal impact assistance program
(a) Definitions
In this section:
(1) Coastal political subdivision
The term ‘‘coastal political subdivision’’
means a political subdivision of a coastal
State any part of which political subdivision
is—
(A) within the coastal zone (as defined in
section 304 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453)) of the coastal
State as of August 8, 2005; and
(B) not more than 200 nautical miles from
the geographic center of any leased tract.
§ 1356a
(2) Coastal population
The term ‘‘coastal population’’ means the
population, as determined by the most recent
official data of the Census Bureau, of each political subdivision any part of which lies within the designated coastal boundary of a State
(as defined in a State’s coastal zone management program under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)).
(3) Coastal State
The term ‘‘coastal State’’ has the meaning
given the term in section 304 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1453).
(4) Coastline
The term ‘‘coastline’’ has the meaning given
the term ‘‘coast line’’ in section 1301 of this
title.
(5) Distance
The term ‘‘distance’’ means the minimum
great circle distance, measured in statute
miles.
(6) Leased tract
The term ‘‘leased tract’’ means a tract that
is subject to a lease under section 1335 or 1337
of this title for the purpose of drilling for, developing, and producing oil or natural gas resources.
(7) Leasing moratoria
The term ‘‘leasing moratoria’’ means the
prohibitions on preleasing, leasing, and related activities on any geographic area of the
outer Continental Shelf as contained in sections 107 through 109 of division E of the Consolidated Appropriations Act, 2005 (Public Law
108–447; 118 Stat. 3063).
(8) Political subdivision
The term ‘‘political subdivision’’ means the
local political jurisdiction immediately below
the level of State government, including counties, parishes, and boroughs.
(9) Producing State
(A) In general
The term ‘‘producing State’’ means a
coastal State that has a coastal seaward
boundary within 200 nautical miles of the geographic center of a leased tract within any
area of the outer Continental Shelf.
(B) Exclusion
The term ‘‘producing State’’ does not include a producing State, a majority of the
coastline of which is subject to leasing moratoria, unless production was occurring on
January 1, 2005, from a lease within 10 nautical miles of the coastline of that State.
(10) Qualified Outer Continental Shelf revenues
(A) In general
The term ‘‘qualified Outer Continental
Shelf revenues’’ means all amounts received
by the United States from each leased tract
or portion of a leased tract—
(i) lying—
(I) seaward of the zone covered by section 1337(g) of this title; or
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File Modified | 2023-01-20 |
File Created | 2023-01-20 |