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(continued) olation, a consenting party or privy to such
violation.
-SOURCE-
(Pub. L. 93-627, Sec. 15, Jan. 3, 1975, 88 Stat. 2140; Pub. L.
101-380, title IV, Sec. 4302(m), Aug. 18, 1990, 104 Stat. 539.)
-MISC1-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-380 substituted "commits a class
A misdemeanor for each day of violation" for "shall on conviction
be fined not more than $25,000 for each day of violation or
imprisoned for not more than 1 year, or both".
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of this title.
DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND
Penalties paid pursuant to this chapter and sections 1319(c) and
1321 of this title to be deposited in the Oil Spill Liability Trust
Fund created under section 9509 of Title 26, Internal Revenue Code,
see section 4304 of Pub. L. 101-380, set out as a note under
section 9509 of Title 26.
-End-
-CITE-
33 USC Sec. 1515 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
-HEAD-
Sec. 1515. Citizen civil action
-STATUTE-
(a) Equitable relief; case or controversy; district court
jurisdiction
Except as provided in subsection (b) of this section, any person
may commence a civil action for equitable relief on his own behalf,
whenever such action constitutes a case or controversy -
(1) against any person (including (A) the United States, and
(B) any other governmental instrumentality or agency to the
extent permitted by the eleventh amendment to the Constitution)
who is alleged to be in violation of any provision of this
chapter or any condition of a license issued pursuant to this
chapter; or
(2) against the Secretary where there is alleged a failure of
the Secretary to perform any act or duty under this chapter which
is not discretionary with the Secretary. Any action brought
against the Secretary under this paragraph shall be brought in
the district court for the District of Columbia or the district
of the appropriate adjacent coastal State.
In suits brought under this chapter, the district court shall have
jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce any provision of this
chapter or any condition of a license issued pursuant to this
chapter, or to order the Secretary to perform such act or duty, as
the case may be.
(b) Notice; intervention of right by person
No civil action may be commenced -
(1) under subsection (a)(1) of this section -
(A) prior to 60 days after the plaintiff has given notice of
the violation (i) to the Secretary and (ii) to any alleged
violator; or
(B) if the Secretary or the Attorney General has commenced
and is diligently prosecuting a civil or criminal action with
respect to such matters in a court of the United States, but in
any such action any person may intervene as a matter of right;
or
(2) under subsection (a)(2) of this section prior to 60 days
after the plaintiff has given notice of such action to the
Secretary.
Notice under this subsection shall be given in such a manner as the
Secretary shall prescribe by regulation.
(c) Intervention of right by Secretary or Attorney General
In any action under this section, the Secretary or the Attorney
General, if not a party, may intervene as a matter of right.
(d) Costs of litigation; attorney and witness fees
The Court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of
litigation (including reasonable attorney and expert witness fees)
to any party whenever the court determines that such an award is
appropriate.
(e) Statutory or common law rights unaffected
Nothing in this section shall restrict any right which any person
(or class of persons) may have under any statute or common law to
seek enforcement or to seek any other relief.
-SOURCE-
(Pub. L. 93-627, Sec. 16, Jan. 3, 1975, 88 Stat. 2140.)
-End-
-CITE-
33 USC Sec. 1516 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
-HEAD-
Sec. 1516. Judicial review; persons aggrieved; jurisdiction of
courts of appeal
-STATUTE-
Any person suffering legal wrong, or who is adversely affected or
aggrieved by the Secretary's decision to issue, transfer, modify,
renew, suspend, or revoke a license may, not later than 60 days
after any such decision is made, seek judicial review of such
decision in the United States Court of Appeals for the circuit
within which the nearest adjacent coastal State is located. A
person shall be deemed to be aggrieved by the Secretary's decision
within the meaning of this chapter if he -
(A) has participated in the administrative proceedings before
the Secretary (or if he did not so participate, he can show that
his failure to do so was caused by the Secretary's failure to
provide the required notice); and
(B) is adversely affected by the Secretary's action.
-SOURCE-
(Pub. L. 93-627, Sec. 17, Jan. 3, 1975, 88 Stat. 2141.)
-End-
-CITE-
33 USC Sec. 1517 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
-HEAD-
Sec. 1517. Repealed. Pub. L. 101-380, title II, Sec. 2003(a)(2),
Aug. 18, 1990, 104 Stat. 507
-MISC1-
Section, Pub. L. 93-627, Sec. 18, Jan. 3, 1975, 88 Stat. 2141;
Pub. L. 98-419, Sec. 4(a), Sept. 25, 1984, 98 Stat. 1608, set
penalties for discharge of oil into marine environment and provided
for creation and maintenance of a Deepwater Port Liability Fund.
DEEPWATER PORT LIABILITY FUND
Amounts remaining in Deepwater Port Liability Fund established
under former subsec. (f) of this section to be deposited in Oil
Spill Liability Trust Fund established under section 9509 of Title
26, Internal Revenue Code, with that Fund to assume all liability
incurred by the Deepwater Port Liability Fund, see section 2003(b)
of Pub. L. 101-380, set out as a note under section 9509 of Title
26.
EFFECTIVE DATE OF REPEAL
Repeal applicable to incidents occurring after Aug. 18, 1990, see
section 1020 of Pub. L. 101-380, set out as an Effective Date note
under section 2701 of this title.
-End-
-CITE-
33 USC Sec. 1517a 01/19/04
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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
-HEAD-
Sec. 1517a. Omitted
-COD-
CODIFICATION
Section, Pub. L. 101-164, title I, Nov. 21, 1989, 103 Stat. 1073,
which authorized Secretary of Transportation to issue, and
Secretary of the Treasury to purchase, notes or other obligations
to meet obligations of Deepwater Port Liability Fund, applied to
fiscal year ending Sept. 30, 1990, and was not repeated in
subsequent appropriation acts.
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 100-457, title I, Sept. 30, 1988, 102 Stat. 2128.
Pub. L. 100-202, Sec. 101(l) [title I], Dec. 22, 1987, 101 Stat.
1329-358, 1329-361.
Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I], Oct. 18, 1986,
100 Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l) [H.R. 5205,
title I], Oct. 30, 1986, 100 Stat. 3341-308.
Pub. L. 99-190, Sec. 101(e) [title I], Dec. 19, 1985, 99 Stat.
1267, 1270.
Pub. L. 98-473, title I, Sec. 101(i) [title I], Oct. 12, 1984, 98
Stat. 1944, 1947.
Pub. L. 98-78, title I, Aug. 15, 1983, 97 Stat. 455.
Pub. L. 97-369, title I, Dec. 18, 1982, 95 Stat. 1767.
Pub. L. 97-102, title I, Dec. 23, 1981, 95 Stat. 1444.
Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 67.
-End-
-CITE-
33 USC Sec. 1518 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
-HEAD-
Sec. 1518. Relationship to other laws
-STATUTE-
(a) Federal Constitution, laws, and treaties applicable; other
Federal requirements applicable; status of deepwater port;
Federal or State authorities and responsibilities within
territorial seas unaffected; notification by Secretary of State
of intent to exercise jurisdiction; objections by foreign
governments
(1) The Constitution, laws, and treaties of the United States
shall apply to a deepwater port licensed under this chapter and to
activities connected, associated, or potentially interfering with
the use or operation of any such port, in the same manner as if
such port were an area of exclusive Federal jurisdiction located
within a State. Nothing in this chapter shall be construed to
relieve, exempt, or immunize any person from any other requirement
imposed by Federal law, regulation, or treaty. Deepwater ports
licensed under this chapter do not possess the status of islands
and have no territorial seas of their own.
(2) Except as otherwise provided by this chapter, nothing in this
chapter shall in any way alter the responsibilities and authorities
of a State or the United States within the territorial seas of the
United States.
(3) The Secretary of State shall notify the government of each
foreign state having vessels registered under its authority or
flying its flag which may call at or otherwise utilize a deepwater
port but which do not currently have an agreement in effect as
provided in subsection (c)(2)(A)(i) of this section that the United
States intends to exercise jurisdiction over vessels calling at or
otherwise utilizing a deepwater port and the persons on board such
vessels. The Secretary of State shall notify the government of each
such state that, absent its objection, its vessels will be subject
to the jurisdiction of the United States whenever they -
(A) are calling at or otherwise utilizing a deepwater port; and
(B) are within the safety zone of such a deepwater port and are
engaged in activities connected, associated, or potentially
interfering with the use and operation of the deepwater port.
The Secretary of State shall promptly inform licensees of deepwater
ports of all objections received from governments of foreign states
in response to notifications made under this paragraph.
(b) Law of nearest adjacent coastal State as applicable Federal
law; Federal administration and enforcement of such law; nearest
adjacent coastal State defined
The law of the nearest adjacent coastal State, now in effect or
hereafter adopted, amended, or repealed, is declared to be the law
of the United States, and shall apply to any deepwater port
licensed pursuant to this chapter, to the extent applicable and not
inconsistent with any provision or regulation under this chapter or
other Federal laws and regulations now in effect or hereafter
adopted, amended, or repealed. All such applicable laws shall be
administered and enforced by the appropriate officers and courts of
the United States. For purposes of this subsection, the nearest
adjacent coastal State shall be that State whose seaward
boundaries, if extended beyond 3 miles, would encompass the site of
the deepwater port.
(c) Vessels of United States and foreign states subject to Federal
jurisdiction; objections to jurisdiction; designation of agent
for service of process; duty of licensee
(1) The jurisdiction of the United States shall apply to vessels
of the United States and persons on board such vessels. The
jurisdiction of the United States shall also apply to vessels, and
persons on board such vessels, registered in or flying the flags of
foreign states, whenever such vessels are -
(A) calling at or otherwise utilizing a deepwater port; and
(B) are within the safety zone of such a deepwater port, and
are engaged in activities connected, associated, or potentially
interfering with the use and operation of the deepwater port.
The jurisdiction of the United States under this paragraph shall
not, however, apply to vessels registered in or flying the flag of
any foreign state that has objected to the application of such
jurisdiction.
(2) Except in a situation involving force majeure, a licensee
shall not permit a vessel registered in or flying the flag of a
foreign state to call at or otherwise utilize a deepwater port
licensed under this chapter unless -
(A)(i) the foreign state involved, by specific agreement with
the United States, has agreed to recognize the jurisdiction of
the United States over the vessels registered in or flying the
flag of that state and persons on board such vessels in
accordance with the provisions of paragraph (1) of this
subsection, while the vessel is located within the safety zone,
or
(ii) the foreign state has not objected to the application of
the jurisdiction of the United States to any vessel, or persons
on board such vessel, while the vessel is located within the
safety zone; and
(B) the vessel owner or operator has designated an agent in the
United States for receipt of service of process in the event of
any claim or legal proceeding resulting from activities of the
vessel or its personnel while located within such a safety zone.
(3) For purposes of paragraph (2)(A)(ii) of this subsection, a
licensee shall not be obliged to prohibit a call at or use of a
deepwater port by a vessel registered in or flying the flag of an
objecting state unless the licensee has been informed by the
Secretary of State as required by subsection (a)(3) of this
section.
(d) Customs laws inapplicable to deepwater port; duties and taxes
on foreign articles imported into customs territory of United
States
The customs laws administered by the Secretary of the Treasury
shall not apply to any deepwater port licensed under this chapter,
but all foreign articles to be used in the construction of any such
deepwater port, including any component thereof, shall first be
made subject to all applicable duties and taxes which would be
imposed upon or by reason of their importation if they were
imported for consumption in the United States. Duties and taxes
shall be paid thereon in accordance with laws applicable to
merchandise imported into the customs territory of the United
States.
(e) Federal district courts; original jurisdiction; venue
The United States district courts shall have original
jurisdiction of cases and controversies arising out of or in
connection with the construction and operation of deepwater ports,
and proceedings with respect to any such case or controversy may be
instituted in the judicial district in which any defendant resides
or may be found, or in the judicial district of the adjacent
coastal State nearest the place where the cause of action arose.
-SOURCE-
(Pub. L. 93-627, Sec. 19(a)-(e), Jan. 3, 1975, 88 Stat. 2145, 2146;
Pub. L. 98-419, Sec. 5(a), (b), Sept. 25, 1984, 98 Stat. 1609.)
-REFTEXT-
REFERENCES IN TEXT
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties.
-COD-
CODIFICATION
Section 19(f) of Pub. L. 93-627 amended section 1333(a)(2) of
Title 43, Public Lands.
-MISC1-
AMENDMENTS
1984 - Subsec. (a)(3). Pub. L. 98-419, Sec. 5(a), added par. (3).
Subsec. (c)(1). Pub. L. 98-419, Sec. 5(b), added par. (1). Former
cl. (1) redesignated cl. (A)(i) of par. (2).
Subsec. (c)(2). Pub. L. 98-419, Sec. 5(b), redesignated existing
provisions of subsec. (c) as par. (2)(A)(i) and (B) thereof,
substituted reference to provisions of par. (1) for former
reference to provisions of this chapter in par. (2)(A)(i) as so
redesignated, and added par. (2)(A)(ii).
Subsec. (c)(3). Pub. L. 98-419, Sec. 5(b), added par. (3).
EFFECTIVE DATE OF 1984 AMENDMENT
Section 5(c) of Pub. L. 98-419 provided that: "The amendment made
by subsection (b) of this section [amending this section] shall be
effective on the ninetieth day following the date of enactment of
this Act [Sept. 25, 1984]. The Secretary of State shall make the
first series of notifications referred to in section 19(a)(3) of
the Deepwater Port Act of 1974 [subsec. (a)(3) of this section], as
added by subsection (a) of this section, prior to the thirtieth day
following the date of enactment of this Act [Sept. 25, 1984]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to section 1507 of this title; title 19
section 1644.
-End-
-CITE-
33 USC Sec. 1519 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
-HEAD-
Sec. 1519. Repealed. Pub. L. 104-66, title I, Sec. 1121(a), Dec.
21, 1995, 109 Stat. 724
-MISC1-
Section, Pub. L. 93-627, Sec. 20, Jan. 3, 1975, 88 Stat. 2146,
related to annual report and recommendations by Secretary of
Transportation to Congress.
-End-
-CITE-
33 USC Sec. 1520 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
-HEAD-
Sec. 1520. Pipeline safety and operation
-STATUTE-
(a) Standards and regulations for Outer Continental Shelf
The Secretary, in cooperation with the Secretary of the Interior,
shall establish and enforce such standards and regulations as may
be necessary to assure the safe construction and operation of oil
or natural gas pipelines on the Outer Continental Shelf.
(b), (c) Omitted
-SOURCE-
(Pub. L. 93-627, Sec. 21, Jan. 3, 1975, 88 Stat. 2146; Pub. L.
107-295, title I, Sec. 106(a)(3), Nov. 25, 2002, 116 Stat. 2086.)
-COD-
CODIFICATION
Subsec. (b) directed the Secretary to report to the Congress
within 60 days after Jan. 3, 1975, on appropriations and staffing
needed to monitor pipelines on Federal lands and the Outer
Continental Shelf.
Subsec. (c) directed the Secretary to review all laws and
regulations relating to the construction, operation, and
maintenance of pipelines on Federal lands and the Outer Continental
Shelf and to report to Congress within 6 months after Jan. 3, 1975,
on administrative changes needed and recommendations for new
legislation.
-MISC1-
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-295 inserted "or natural gas"
after "oil".
-End-
-CITE-
33 USC Sec. 1521 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
-HEAD-
Sec. 1521. Negotiations with Canada and Mexico; report to Congress
-STATUTE-
The President of the United States is authorized and requested to
enter into negotiations with the Governments of Canada and Mexico
to determine:
(1) the need for intergovernmental understandings, agreements,
or treaties to protect the interests of the people of Canada,
Mexico, and the United States and of any party or parties
involved with the construction or operation of deepwater ports;
and
(2) the desirability of undertaking joint studies and
investigations designed to insure protection of the environment
and to eliminate any legal and regulatory uncertainty, to assure
that the interests of the people of Canada, Mexico, and the
United States are adequately met.
The President shall report to the Congress the actions taken, the
progress achieved, the areas of disagreement, and the matters about
which more information is needed, together with his recommendations
for further action.
-SOURCE-
(Pub. L. 93-627, Sec. 22, Jan. 3, 1975, 88 Stat. 2147.)
-End-
-CITE-
33 USC Sec. 1522 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
-HEAD-
Sec. 1522. Limitations on export provisions of section 185(u) of
title 30 unaffected
-STATUTE-
Nothing in this chapter shall be construed to amend, restrict, or
otherwise limit the application of section 185(u) of title 30.
-SOURCE-
(Pub. L. 93-627, Sec. 23, Jan. 3, 1975, 88 Stat. 2147.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1502 of this title.
-End-
-CITE-
33 USC Sec. 1523 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
-HEAD-
Sec. 1523. General procedures; issuance and enforcement of orders;
scope of authority; evidentiary matters
-STATUTE-
The Secretary or his delegate shall have the authority to issue
and enforce orders during proceedings brought under this chapter.
Such authority shall include the authority to issue subpenas,
administer oaths, compel the attendance and testimony of witnesses
and the production of books, papers, documents, and other evidence,
to take depositions before any designated individual competent to
administer oaths, and to examine witnesses.
-SOURCE-
(Pub. L. 93-627, Sec. 24, Jan. 3, 1975, 88 Stat. 2147.)
-End-
-CITE-
33 USC Sec. 1524 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29 - DEEPWATER PORTS
-HEAD-
Sec. 1524. Authorization of appropriations
-STATUTE-
There is authorized to be appropriated for administration of this
chapter, not to exceed $2,500,000 per fiscal year for the fiscal
years ending June 30, 1975, June 30, 1976, September 30, 1977,
September 30, 1978, September 30, 1979, and September 30, 1980.
-SOURCE-
(Pub. L. 93-627, Sec. 25, Jan. 3, 1975, 88 Stat. 2147; Pub. L.
95-36, June 1, 1977, 91 Stat. 177.)
-MISC1-
AMENDMENTS
1977 - Pub. L. 95-36 authorized appropriations of not to exceed
$2,500,000 per fiscal year for fiscal years ending Sept. 30, 1977,
Sept. 30, 1978, Sept. 30, 1979, and Sept. 30, 1980.
-End-