text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/721

 PUBLIC LAW 95-372—SEPT. 18, 1978 reserved to the United States pursuant to any lease issued or maintained under this Act, or purchased by the United States pursuant to subsection (a)(2) of this section, by conducting a lottery for the sale of such oil, or may equitably allocate such oil among the competitors for the purchase of such oil, at the regulated price, or if no regiilated price applies, at its fair market value. The Secretary shall limit participation in any allocation or lottery sale to assure such access and shall publish notice of such allocation or sale, and the terms thereof, at least thirty days in advance. Such notice shall include qualifications for participation, the amount of oil to be sold, and any limitation in the amount of oil which any participant may be entitled to purchase. "(3) The Secretary may only sell or otherwise dispose of oil described in paragraph (1) of this subsection in accordance with any provision of law, or regulations issued in accordance with such provisions, which provide for the Secretary of Energy to allocate, transfer, exchange, or sell oil in amounts or at prices determined by such provision of law or regulations. "(c)(1) Except as provided in paragraph (2) of this subsection, the Secretary, pursuant to such terms as he determines, many offer to the public and sell by competitive bidding for not more than its regulated price, or, if no regulated price applies, not less than its fair market value any part of the gas (A) obtained by the United States pursuant to a lease as royalty or net profit share, or (B) purchased by the United States pursuant to subsection (a)(2) of this section. "(2) Whenever, after consultation with and advice from the Secretary of Energy, the Federal Energy Regulatory Commission determines that an emergency shortage of natural gas is threatening to cause severe economic or social dislocation in any region of the United States and that such region can be serviced in a practical, feasible, and efficient manner by royalty, net profit share, or purchased gas obtained pursuant to the provisions of this section, the Secretary of the Interior may allocate or conduct a lottery for the sale of such gas, and shall limit participation in any allocation or lottery sale of such gas to any person servicing such region, but he shall not sell any such gas for more than its regulated price, or, if no regulated price applies, less than its fair market value. Prior to selling or allocating any gas pursuant to this subsection, the Secretary shall consult with the Federal Energy Regulatory Commission. "(d) The lessee shall take any Federal oil or gas for which no acceptable bids are received, as determined by the Secretary, and which is not transferred pursuant to subsection (a)(3) of this section, and shall pay to the United States a cash amount equal to the regulated price, or, if no regulated price applies, the fair market value of the oil or gas so obtained. " (e) As used in this section— "(1) the term 'regulated price' means the highest price— "(A) at which oil many be sold pursuant to the Emergency Petroleum Allocation Act of 1973 and any rule or order issued under such Act; " (B). at which natural gas may be sold to natural-gas companies pursuant to the Natural Gas Act, any other Act, regulations governing natural gas pricing, or any rule or order issued under any such Act or any such regulations; or "(C) at which either Federal oil or gas may be sold under any other provision of law or rule or order thereunder which

39-194 O—80—pt. 1

46; QL3

92 STAT. 667

Notice.

Regulations.

Natural gas emergency. Allocation or lottery sale.

Federal Energy Regulatory Commission, consultation.

"Regulated price." 15 USC 751 note.

15 USC 717w.

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text:
Wisconsin v. Yoder/Concurrence White

[p237] MR. JUSTICE WHITE, with whom MR. JUSTICE BRENNAN and MR. JUSTICE STEWART join, concurring.

Cases such as this one inevitably call for a delicate balancing of important but conflicting interests. I join the opinion and judgment of the Court because I cannot [p238] say that the State's interest in requiring two more years of compulsory education in the ninth and tenth grades outweighs the importance of the concededly sincere Amish religious practice to the survival of that sect.

This would be a very different case for me if respondent's claim were that their religion forbade their children from attending any school at any time and from complying in any way with the educational standards set by the State. Since the Amish children are permitted to acquire the basic tools of literacy to survive in modern society by attending grades one through eight and since the deviation from the State's compulsory-education law is relatively slight, I conclude that respondents' claim must prevail, largely because "religious freedom--the freedom to believe and to practice strange and, it may be, foreign creeds--has classically been one of the highest values of our society." Braunfeld v. Brown, 366 U.S. 599, 612 (1961) (Brennan, J., concurring and dissenting).

The importance of the state interest asserted here cannot be denigrated, however: "'Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment.' Brown v. Board of Education, 347 U.S. 483, 493 (1954)." [p239] As recently as last Term, the Court re-emphasized the legitimacy of the State's concern for enforcing minimal educational standards, Lemon v. Kurtzman, 403 U.S. 602, 613 (1971). Pierce v. Society of Sisters, 268 U.S. 510 (1925), lends no support to the contention that parents may replace state educational requirements with their own idiosyncratic views of what knowledge a child needs to be a productive and happy member of society; in Pierce, both the parochial and military schools were in compliance with all the educational standards that the State had set, and the Court held simply that while a State may posit such standards, it may not pre-empt the educational process by requiring children to attend public schools. In the present case, the State is not concerned with the maintenance of an educational system as an end in itself, it is rather attempting to nurture and develop the human potential of its children, whether Amish or non-Amish: to expand their knowledge, broaden their sensibilities, kindle their imagination, foster a spirit of free inquiry, and increase their human understanding and tolerance. It is possible that most Amish [p240] children will wish to continue living the rural life of their parents, in which case their training at home will adequately equip them for their future role. Others, however, may wish to become nuclear physicists, ballet dancers, computer programmers, or historians, and for these occupations, formal training will be necessary. There is evidence in the record that many children desert the Amish faith when they come of age. A State has a legitimate interest not only in seeking to develop the latent talents of its children but also in seeking to prepare them for the life style that they may later choose, or at least to provide them with an option other than the life they have led in the past. In the circumstances of this case, although the question is close, I am unable to say that the State has demonstrated that Amish children who leave school in the eighth grade will be intellectually stultified or unable to acquire new academic skills later. The statutory minimum school attendance age set by the State is, after all, only 16.

Decision in cases such as this and the administration of an exemption for Old Order Amish from the State's compulsory school-attendance laws will inevitably involve the kind of close and perhaps repeated scrutiny of religious practices, as is exemplified in today's opinion, which the Court has heretofore been anxious to avoid. But such entanglement does not create a forbidden establishment of religion where it is essential to implement free [p241] exercise values threatened by an otherwise neutral program instituted to foster some permissible, nonreligious state objective. I join the Court because the sincerity of the Amish religious policy here is uncontested, because the potentially adverse impact of the state requirement is great, and because the State's valid interest in education has already been largely satisfied by the eight years the children have already spent in school.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Wisconsin v. Yoder/Concurrence White


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/722

 92 STAT. 668

43 USC 1341. 43 USC 1354.

Presidential findings, publication.

Presidential report to Congress.

Resolution of disapproval.

43 USC 1355.

PUBLIC LAW 95-372—SEPT. 18, 1978 sets a price (or manner for determining a price) for oil or gas; and "(2) the term 'small refiner' has the meaning given such term by Small Business Administration Standards 128.3-8 (d) and (g), as in effect on the date of enactment of this section or as thereafter revised or amended. "(f) N'othing in this section shall prohibit the right of the United States to purchase any oil or gas produced on the outer Continental Shelf as provided by section 12(b) of this Act. "SEC. 28. LIMITATION" ON EXPORT.—(a) Except as provided in subsection (d) of this section, any oil or gas produced from the outer Continental Shelf shall be subject to the requirements and provisions of the Export Administration Act of 1969 (50 App. U.S.C. 2401 et seq.). (b) Before any oil or gas subject to this section may be exported under the requirements and provisions of the Export Administration Act of 1969, the President shall make and publish an express finding that such exports will not increase reliance on imported oil or gas, are in the national interest, and are in accord with the provisions of the Export Administration Act of 1969. "(c) The President shall submit reports to the Congress containing findings made under this section, and after the date of receipt of such report Congress shall have a period of sixt^^ calendar days, thirty days of which Congress must have been in session, to consider whether exports under the terms of this section are in the national interest. If the Congress within such time 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 finding shall cease. "(d) 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. "SEC. 29. RESTRICTIONS ON EMPLOYMENT.—No full-time officer or

employee of the Department of the Interior who directly or indirectly discharged duties or responsibilities under this Act, 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 3 CFR, 1977 grade GS-16 of the General Schedule shall— eomp., p. 142. "(1) within two years after his employment with the Depart5 USC 5332 note. ment 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

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Page:United States Statutes at Large Volume 92 Part 1.djvu/723

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 669

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 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. - s; "SEC. 30. DOCUMENTATION, KEGISTRY, AND MANNING REQUIRE- 43 USC 1356. MENTS.—(a) Within six months after the date of enactment of this Regulations, section, 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 one-year period beginning on the effective date of sudh regulations for activities pursuant to this Act 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 Act, 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 one-year period beginning on the effective date of such regulations for activities pursuant to this Act, 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. "(b) 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 the date of enactment of this section, until such time after such date as such vehicle or structure is rebuilt. "(c) The regulations issued under subsection (a)(3) of this section ^ a l l not apply— "(1) to any vessel, rig, platform, or other vehicle or structure if— "(A) specific contractual provisions or national registry maiming requirements in effect on the date of enactment of this section provide to the contrary; "(B) there are not a sufficient number of citizens of the United States, or aliens lawfully admitted to the United

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Page:United States Statutes at Large Volume 92 Part 1.djvu/724

 92 STAT. 670

PUBLIC LAW 95-372—SEPT. 18, 1978 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.". TITLE III—OFFSHORE OIL SPILL POLLUTION FUND DEFINITIONS

43 USC 1811.

SEC. 301. For the purposes of this title, the term— (1) "Secretary" means the Secretary of Transportation; (2) "Fund" means the Offshore Oil Pollution Compensation Fund established under section 302 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 whidi is operating in the waters above submerged lands seaward from the coastline of a State (as the term "submerged lands" is described in section 2(a) of the Submerged Lands Act (43 U.S.C. 1301 (a)(2))), and which is 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 ve^el 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

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text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/725

 PUBLIC LAW 95-372—SEPT. 18, 1978 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 3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502)); (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 2(a)(2) of the Submerged Lands Act (43 U.S.C. 1301(a) (2))), 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 etseq.); 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 title; (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 title; (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 title; (12) "United States" includes and "State" means the several States of the United States, the District of Columbia, the Commonwealth 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;

92 STAT. 671

g
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text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/726

 92 STAT. 672

33 USC 1321. 33 USC 1474.

PUBLIC LAW 95-372—SEPT. 18, 1978 (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 offshof^ 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 311 of the Federal Water Pollution Control Act, and section 5 of the Intervention on the High Seas Act; 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 (25) "barrel" means 42 United States gallons at 60 degrees Fahrenheit. F U N D ESTABLISHMENT, ADMINISTRATION, AND

Offshore Oil Pollution eompensation Fund. 43 USC 1812.

FINANCING

SEC. 302. (a) 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 title. The Fund may sue and be sued in its own name. (b) 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 308 or any other provision of this title. (c) The Fund shall be immediately available for— (1) removal costs described in section 301 (22); (2) the processing and settlement of claims under section 307 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 Gov-

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text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/727

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 673

eminent incident to the administration of this title, including, but not limited to, the claims settlement activities and adjudicatory and judicial proceedings, whether or not such costs are recoverable under section 308 of this title. The Secretary is authorized to promulgate regulations designating the Regulations. person or persons who may obligate available money in the Fund for such purposes. (d)(1) The Secretary shall levy and the Secretary of the Treasury ^ a l l 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 Secre- Regulations. tary, 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 Publication in effective on the date specified in the regulation making such modifica- Federal Register. tion, 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 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 Civil penalty, 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) Any person who falsifies records or documents required to be Violation, maintained under any regulation promulgated under this subsection prosecution. shall be subject to prosecution for a violation of section 1001 of title 18, United States Code. (4) The Secretary of the Treasury may, by regulation, designate Regulations. the reaconably necessary records and documents to be kept by persons Audit and from whom fees are to be collected pursuant to paragraph (1) of this examination. 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)(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 Regulations, 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.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/728

 92 STAT. 674

.srci,

31 USC 774.

PUBLIC LAW 95-372—SEPT. 18, 1978 (f) 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 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 the Second Liberty Bond Act. The purpose for which securities may be issued under that Act 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. DAMAGES AND CLAIMANTS

43 USC 1813.

v;o.T,

.arjj.

'

SEC. 303. (a) 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; j (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) 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 304(c)(1) or 304(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 304(b), 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; (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

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Page:United States Statutes at Large Volume 92 Part 1.djvu/729

 PUBLIC LAW 95-372—SEPT. 18, 1978 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; CB) 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 claimis. (c) If the Attorney General fails to take action under paragraph (7) of subsection (b) within sixty days of the date on which the Secretary designates a source under section 306 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.

92 STAT. 675

-'5 "'

LIABILITY

SEC. 304. (a) Subject to the provisions of subsections (b) and (c) 43 USC 1814. 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 in section 301(22) of this title, shall be jointly, severally, and strictly liable for all loss for which a claim may be asserted under section 303 of this title. (b) Except when the incident is caused primarily by willful misconduct or gross negligence, within the privity or knowledge of the

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Page:United States Statutes at Large Volume 92 Part 1.djvu/730

 92 STAT. 676

Report to Congress.

PUBLIC LAW 95-372—SEPT. 18, 1978 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) 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 character, 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). (d) 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) 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)(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 303 of this title, to the extent that such losses are not otherwise compensated. (2) Except for the removal costs specified in section 301(22), 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)(1) In addition to the losses for which claims may be asserted under section 303 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

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Page:United States Statutes at Large Volume 92 Part 1.djvu/731

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 677

upon which the claim is presented, or of the date upon which advertising is commenced pursuant to section 306 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. (h) Nothing in this title 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) 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 4283(a) of the Revised Statutes (46 U.S.C.183(a)). FINANCIAL, RESPGNSIBIIrlTY

SEC. 305. (a)(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 304(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 A^essel subject to this subsection which, upon request, does not produce certification furnished by the President that such vessel is in compliance wath 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, and such facilities and vessels shall, upon request, show certification of financial responsibility.

Regulations.

43 USC 1815.

 * .. ^ci'l

Regulations,

Regulations, 43 USC 1331 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/732

 92 STAT. 678 Regulations.

Study.

Report.

PUBLIC LAW 95-372—SEPT. 18, 1978 (b) 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 304(b) of this title, or $35,000,000, whichever is less. (c) Any claim authorized by section 303(a) 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 title. 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) The President shall conduct a study to determine— (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 the date of enactment of this title, and shall submit an interim report on his study within three months after such date of enactment. NOTIFICATION, DESIGNATION, AND ADVERTISEMENT

43 USC 1816.

«

Regulations.

SEC. 306. (a) 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 cavse, other than a case involving prosecution for perjury or for giving a false statement. (b)(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 desiarnation, 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

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Page:United States Statutes at Large Volume 92 Part 1.djvu/733

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 679

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) In a case where— (1) the owner, operator, and guarantor all deny a designation in accordance with paragraph (2) of subsection (b) of this section; (2) the source of the 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) Advertisement under subsection (b) of this section shall com- Effective date, mence 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. CLAIMS

SETTLEMENT

SEC. 307. (a) Except as provided in subsection (b) of this section, 43 USC 1817. all claims shall be presented to the owner, operator, or guarantor. (b) All claims shall be presented to the Fund— (1) where the Secretary has advertised or otherwise notified claimants in accordance with section 306(c) of this title; or (2) where the owner or operator may recover under the provisions of section 303(b)(1) of this title. (c) 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 306(b)(2), 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) In the case of a claim presented in accordance with subsection (a) of this section, where full and ade(]^uate compensation is unavailable, either because the claim exceeds a limit of liability invoked under section 304(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. (e) 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, Regulations, prescribe the documents to be transmitted and the terms under which they are to be transmitted. (f) 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 upon which (A) the claim is presented to the Fund, or (B) advertising is commenced pursuant to section 306 (c) of this title, whichever is later,

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Page:United States Statutes at Large Volume 92 Part 1.djvu/734

 92 STAT. 680

Regulations.

Contract.

Review and audit.

Panel.

18 USC 201 et 18 USC 201 note.

PUBLIC LAW 95-372—SEPT. 18, 1978 the claimant may submit the dispute to the Secretary for decision in accordance with section 554 of title 5, United States Code. 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)(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 3709 of the Revised Statutes (41 U.S.C. 5) 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) Notwithstanding subsection (b) of section 556 of title 5, United States Code, 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 to subsection (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 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, United States Code, and of Executive Order 11222, as amended, regarding special Government employees, shall apply to panel members appointed from private life. (i)(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, United States Code, or (B) a panel appointed under subsection (h) of this section.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/735

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 681

(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, United States Code. In any proceeding sub- Subpena. ject to this subsection, the presiding officer may require by subpena any erson to appear and testify or to appear and produce books, papers, ocuments, 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, United States Code, and rules promulgated by the Secretary. If a person fails or 't - J r^ refuses to obey a subpena, the Secretary may invoke the aid of the district 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 comlained of occurred within two or more districts, in any of the affected istricts, or if the damage occurred outside any district, in the nearest district. (5) The decision of the administrative law judge or panel under Final order, this subsection shall be the final order of the Secretary, except that Regulations, 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, United States Code, in the district courts of the United States. (j)(l) In any action brought pursuant to this title 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 described 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 title, 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 f u n d 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 304(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.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/736

 92 STAT. 682

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PUBLIC LAW 95-372—SEPT. 18, 1978 (k) In any action brought against the Fund under this title, 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 title. (1) No claim may be presented, nor may an action be commenced for economic losses recoverable under this title, 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 303(a) of this title, or within six years of the date of the incident which resulted in such loss, whichever is earlier. SUBROGATION

43 USC 1818.

SEC. 308. (a) Any person or governmental entity, including the Fund, who pays compensation to any claimant for an economic loss, compensable under section 303 of this title, shall be subrogated to all rights, claims, and causes of action which such claimant has under this title. (b) 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 title. 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) In any claim or action by the Fund against any owner, operator, or guarantor, pursuant to the provisions of subsection (a) or (b), the Fund shall recover— (1) for a claim presented to the Fund (where there has been a denial of source designation) pursuant to section 307(b)(1) of this title, or (where there has been a denial of liability) pursuant to section 307(c)(1) of this title— (A) subject only to the limitation of liability to which the defendant is entitled under section 304(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 304(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 307 (c)(2) of this title— (A) in which the amount the Fund has paid to the claimant exceeds the largest amount, if any, the defendant offered

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Page:United States Statutes at Large Volume 92 Part 1.djvu/737

 PUBLIC LAW 95-372—SEPT. 18, 1978 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 claimant; (ii) interest, at the rate calculated in accordance with section 304(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; (ii) interest, at the rate calculated in accordance with section 304(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 ©f the claimant is either presented to the defendant or advertising is commenced pursuant to section 306 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) The Fund shall pay over to the claimant that portion of any interest the Fund recovers, pursuant to subsection (c)(1) and (2)(A), 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) 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 title.

92 STAT. 683

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•

JURISDICTION AND VENUE

SEC. 309. (a) The United States district courts shall have original 43 USC 1819. and exclusive jurisdiction of all controversies arising under this title, without regard to the citizenship of the parties or the amount in controversy.

39-194 O—80—pt. 1

47: QL3

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Page:United States Statutes at Large Volume 92 Part 1.djvu/738

 92 STAT. 684

PUBLIC LAW 95-372—SEPT. 18, 1978 (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. RELATIONSHIP TO OTHER LAW

43 USC 1820.

SEC. 310. (a) Any person who receives compensation for damages or removal costs pursuant to this title 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 title. (b) 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 h^ 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) Except as otherwise provided in this title, this title 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. PROHTBITrON

43 USC 1821.

SEC. 311. The discharge of oil from any offshore facility or vessel, in quantities which the President under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)) determines to be harmful, is prohibited. PENALTIES

43 USC 1822.

Notice and hearing.

,Qmi:)hu 1-

SEC. 312. (a)(1) Any person who fails to comply with the requirements of section 305 of this title, the regulations promulgated thereunder, or any 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 30.5(a)(1) of this title, and by the Secretary, in connection with section 305(a)(3) and section 305(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 pnenalty under this subsection, the Attorney General may bring an action in the name of the Fund to collect the penalty assessed. (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 306(a) of this title shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/739

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 685

AUTHORIZATION OF APPROPRIATIONS

SEC. 313. (a) There is authorized to be appropriated for the admin- 43 USC 1823. istration of this title $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 title, including the entering into contracts, any disbursements of funds, and the issurance of notes or other obligations pursuant to section 302(f) of this title. (c) Notwithstanding any other provision of this title, the authority to make contracts, to make disbursements, to issue notes or other obligations pursuant to section 302(f) of this title, to charge and collect fees pursuant to section 302(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 the date of enactment of this title. A N N U A L REPORT

SEC. 314. Within six months after the end of each fiscal year, the 43 USC 1824. Secretary shall submit to the Congress (1) a report on the administration of the Fund during such fiscal year, and (2) his recommendations 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 title. EFFECTIVE DATES

SEC. 315. (a) This section, subsection (e) of section 304, subsection 43 USC 1811 (d) of section 305, and all provisions of this title authorizing the dele- note, gation of authority or the promulgation of regulations shall be effective on the date of enactment of this title. (b) All other provisions of this title, 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. TITLE IV—FISHERMEN'S CONTINGENCY FUND

>f''* 'i4-

DEFINITIONS

SEC. 401. As used in this title, the term— 43 USC 1841. (1) "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 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; ' '*"

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Page:United States Statutes at Large Volume 92 Part 1.djvu/740

 92 STAT. 686

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PUBLIC LAW 95-372—SEPT. 18, 1978 (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 under-standing 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; (2) "commercial fisherman" means any citizen of the United States who owns, operates, or derives income from being employed on a commercial fishing vessel; (3) "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 the aiding or assisting at sea of any activity related to the catching, taking, or harvesting of fish, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing; (4) "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals, birds, and highly migiutory species; (5) "fishing gear" means (A) any commercial fishing vessel, and (B) any equipment of such vessel, whether or not attached to such a vessel; (6) "Fund" means the Fishermen's Contingency Fund established under section 402 of this title; and (7) "Secretary" means the Secretary of Commerce or the designee of such Secretary, ESTABLISHMENT OF THE F I S H E R M E N ' S CONTINGENCY FUND,* FEE COLLECTION

43 USC 1842.

„,

43 USC 1331 note.

SEC. 402. (a) There is hereby established in the Treasury of the United States a Fishermen's Contingency Fund. The Fund shall be available to the Secretary without fiscal year limitation as a revolving fund for the purpose of making payments pursuant to this section. The total amount in the Fund shall at no time exceed $1,000,000. Amounts paid pursuant to the provisions of subsections (c) and (d) of this section shall be deposited in the Fund. The Fund may sue or be sued in its own name. (b) The Secretary is authorized to establish and maintain an area account within the Fund for any area of the Outer Continental Shelf for purposes of providing reasonable compensation for damages to, or loss of, fishing gear and any resulting economic loss to commercial fishermen due to activities related to oil and gas exploration, development, and production in such area. (c) Upon establishment of an area account for any area of the Outer Continental Shelf pursuant to subsection (b) of this section, any holder of a lease issued or maintained under the Outer Continental Shelf Lands Act for any tract in such area and any holder of an exploration permit, or of an easement or right-of-way for the con-r

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Page:United States Statutes at Large Volume 92 Part 1.djvu/741

 PUBLIC LAW 95-372—SEPT. 18, 1978 struction of a pipeline in such area, shall pay an amount specified by the Secretary for the purpose of the establishment and maintenance of an area account for such area. The Secretary of the Interior shall collect such amount and deposit it to the credit of such area account within 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. (d) Subject to subsection (a) of this section, each area account established pursuant to this section shall be maintained at a level not to exceed $100,000 and, if depleted, shall be replenished by assessments of holders of leases, permits, easements, and rights-of-way in such area. (e) Amounts in each such area account shall be available for disbursement and shall be disbursed, subject to such amounts as are provided in appropriations Acts, for only the following purposes: (1) Administrative and personnel expenses of such area account and administrative and personnel expenses of the Fund which relate to such area account, except that amounts disbursed for such expenses in any fiscal year shall not exceed 15 per centum of the amounts deposited in such revolving account in such fiscal year. (2) The payment of any claim in accordance with procedures established under this section for damages suffered as a result of activities in the area for which such area account was established. (3) Reasonable attorney's fees awarded pursuant to section 405 (e) of this title.

92 STAT. 687

Ji^j ti'

DUTIES AND POWERS

SEC. 403. (a) In carrying out the provisions of this title, the Secre- 43 USC 1843. tary shall— (1) prescribe, and from time to time amend, regulations for the Regulations, filing, processing, and fair and expeditious settlement of claims pursuant to this title, including a time limitation on the filing of such claims; 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 siirface. (b) The Secretary of the Interior shall establish regulations requir- Regulations, ing 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)(1) Payments shall be disbursed by the Secretary from the appropriate area account to compensate commercial fishermen for actual and consequential damages, including loss of profits, due to damages to, or loss of, fishing gear by materials, equipment, tools, containers, or other items associated with oil and gas exploration, development, or production activities in such area, whether or not such damage occurred in such area. (2) Notwithstanding the provisions of paragraph (1) of this subsection, no payment may be made by the Secretary from any area account established under this title— (A) when the damage set forth in a claim was caused by mate, ^^^ rials, equipment, tools, containers, or other items attributable to a financially responsible party;

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Page:United States Statutes at Large Volume 92 Part 1.djvu/742

 92 STAT. 688

PUBLIC LAW 95-372—SEPT. 18, 1978 (B) to the extent that damages were caused by the negligence or fault of the commercial fisherman making the claim; (C) if the damage set forth in the claim was sustained prior to the date of enactment of this title; (D) 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; (E) in the case of a claim for loss of profits (i) for any period in excess of 6 months, and (ii) unless such claim is supported by records with respect to the claimant's profits during the previous 12-month period; and (F) for any portion of the damages claimed with respect to which the claimant has or will receive compensation from insurance. BURDEN OF PROOF

43 USC 1844.

^:

 * •- i

SEC. 404. With respect to any claim for damages filed pursuant to this title, there shall be a presumption that such claim is valid 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 five days after the date on which such damages were discovered; (3) there was no record on nautical charts or the Notice to Mariners on the date such damages were sustained that such material, equipment, tool, container, or other item existed in such area; 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. •I

•

'_

CLAIM PROCEDURES AND SUBROGATION OF RIGHTS

43 USC 1845.

Hearing,

SEC. 405. (a) Any commercial fisherman suffering damages compensable under this title may file a claim for compensation with the Secretary, except that no such claim may be filed more than 60 days after the date of discovery of the damages with respect to which such claim is made. (b) Upon receipt of any claim under this section, the Secretary shall— (1) transmit a copy of the claim to the Secretary of the Interior; and (2) refer such matter to a hearing examiner appointed under section 3105 of title 5, United States Code. (c) 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 hearing conducted with respect to such claim. '

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Page:United States Statutes at Large Volume 92 Part 1.djvu/743

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 689

(d) The heaidng examiner shall, within 120 days after such matter is referred to him by the Secretary, adjudicate the case and render a decision in accordance with section 554 of title 5, United States Code. (e) If the decision of the hearing examiner is in favor of the commercial fisherman filing the claim, such hearing examiner shall include, as part of the amount certified to the Secretary under subsection (h)(1) of this section, reasonable attorneys' fees incurred by such commercial fisherman in pursuing such claim. (f)(1) For purposes of any hearing conducted pursuant to this section, the hearing examiner 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 hearing conducted pursuant to this section with respect to a claim for damages resulting from activities on any area of the Outer Continental Shelf, the hearing examiner shall consider evidence ^ '•'' ' '* of oibstructions in such area which have been identified pursuant to the survey conducted under section 407 of this title. (g) 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 district. (h)(1) Upon a decision by the hearing examiner and in the absence of a request for Judicial review, any amount to be paid, subject to the " "" ^ limitations of this section, shall be certified to the Secretary, who shall promptly disburse the award. Sndh decision shall not be reviewable by the Secretary. (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. (3) Any person who denies responsibility for damages with respect to which a claim is made and who is subquently 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) Any person who suffers legal wrong or who is adversely affected Judicial review, or aggrieved by the decision of a he-aring 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. A N N U A L REPORT

SEC. 406. (a) The Secretary shall submit an annual report to the 43 USC 1846. 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

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Page:United States Statutes at Large Volume 92 Part 1.djvu/744

 92 STAT. 690

PUBLIC LAW 95-372—SEPT. 18, 1978 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 lessees 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. SURVEY o r OBSTRUCTIONS ON THE OUTER CONTINENTAL S H E L F

43 USC 1847. 1

Regulations.

SEC. 407. (a) The Secretary, in cooperation with the Secretary of the Interior, shall conduct a two-year survey of obstructions on the Outer Continental Shelf. Such survey shall be conducted for purposes of identifying (1) natural Ob^ructions on the Outer Continental Shelf which pose potential hazards to commercial fishing or fishing gear, and (2) in addition, in the case of areas in which oil and gas exploration, development, or production is taking place, manmade obstructions relating to such activities which pose potential hazards to commercial fishing or fishing gear. (b) The Secretary shall, on the basis of the survey conducted under this section, and regulations promulgated under section 403(a) of this title, develop charts for commercial fishermen identifying obstructions on the Outer Continental Shelf. (c) During the first six months of the survey conducted under this section, the Secretary shall concentrate on areas of the Outer Continental Shelf where oil and gas production has commenced or is expected to commence prior to the expiration of the two-year period of such survey. TITLE V—AMENDMENTS TO THE COASTAL ZONE MANAGEMENT ACT OF 1972 COASTAL ENERGY IMPACT PROGRAM

V.'nv'

(K-

'i

-'J.

Sec. 501. (a) Paragraph (2) of section 308(b) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456a(b)(2)) is amended— (1) by striking out "The amounts granted" and inserting in lieu thereof "Subject to paragraph (3), the amounts payable"; (2) by striking out " (A), (B), (C), and (D) " and inserting in lieu thereof " (A), (B), and (C)"; (3) in subparagraph (A), by striking out "one-third" and inserting in lieu thereof "one-half"; (4) in subparagraph (B), by striking out "one-sixth" and inserting in lieu thereof "one-quarter"; (5) in subparagraph (C), by striking out "one-sixth" and inserting in lieu thereof "one-quarter"; and (6) by striking and subparagraph (D). (b) Such section 308(b) is amended— (1) by renumbering paragraphs (3) through (5), and any references thereto, as paragraphs (4) through (6), respectively; and

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Page:United States Statutes at Large Volume 92 Part 1.djvu/745

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 691

(2) by inserting after paragraph (2) the following new paragraph: " (3)(A)(i) After making the calculations required under para- Appropriation graph (2) for any fiscal year, the Secretary shall— adjustments. " (I) with respect to any coastal state which, based on such calculations, would receive an amount which is less than 2 per centum of the amount appropriated for such fiscal year, increase the '^ amount appropriated for such fiscal year, increase the amount ^ ^ payalble to such coastal state to 2 per centum of such appropriated amount; and " (II) with respect to any coastal state which, in such fiscal year, would not receive a grant under paragraph (2), make a grant to such coastal state in an amount equal to 2 per centum of the total ' ^ amount appropriated for making grants to all states under paragraph (2) in such fiscal year if any other coastal state in the same region will receive a grant under such paragraph in such fiscal year, except that a coastal state shall not receive a grant under this subclause unless the Secretary determines that it is being or will be impacted by outer Continental Shelf energy activity and that it will be able to expend or commit the proceeds of such grant in .s-ns/i accordance with the purposes set forth in paragraph (5). "(ii) For purposes of this subparagraph— " (I) the states of Connecticut, Delaware, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, and Virginia, the Commonwealth of Puerto Rico, and the Virgin Islands (the Atlantic coastal states) shall constitute one 'region'; " ( II) the states of Alabama, Florida, Louisiana, Mississippi, and Texas (the Gulf coastal states) shall constitute one 'region'; " ( III) the states of California, Hawaii, Oregon, and Washington (the Pacific coastal states) shall constitute one 'region'; and "(IV) the state of Alaska shall constitute one 'region'. "(B) If, after the calculations required under subparagraph (A), the total amount of funds appropriated for making grants to coastal states in any fiscal year pursuant to this subsection is less than the total amount of grants payable to all coastal states in such fiscal year, there shall be deducted from the amount payable to each coastal state which will receive more than 2 per centum of the amount of funds so appropriated an amount equal to the product of— " (i) the amount by which the total amount of grants payable to all coastal states in such fiscal year exceeds the total amount of funds appropriated for making such grants; multiplied by " (ii) a fraction, the numerator of which is the amount of grants payable to such coastal state in such fiscal year reduced by an amount equal to 2 per centum of the total amount appropriated for such fiscal year and the denominator of which is the total amount of grants payable to coastal states which, in such fiscal year, will c^ - ; g^ receive more than 2 per centum of the amount of funds so approJ^j<^g, priated, reduced by an amount equal to the product of 2 per centum of the total amount appropriated for such fiscal year multiplied by the number of such coastal states. "(C)(i) If, after the calculations required under subparagraph (B) for any fiscal year, any coastal state would receive an amount which is greater than 37i^ per centum of the amount appropriated for such fiscal year, the Secretary shall reduce the amount payable to such coastal state to 37i/^ per centum of such appropriated amount.
 * - J '^f

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Page:United States Statutes at Large Volume 92 Part 1.djvu/746

 92 STAT. 692

"Payable proportionately.

16 USC 1456a.

Rules.

PUBLIC LAW 95-372—SEPT. 18, 1978 "(ii) An^ amount not payable to a coastal state in a fiscal year due to a reduction under clause (i) shall be payable proportionately to all coastal states which are to receive more than 2 per centum and less than 371/^ per centum of the amount appropriated for such fiscal year, except that in no event shall any coastal state receive more than 37l^ per centum of such appropriated amount. "(iii) For purposes of this subparagraph, the term 'payable proportionately' means payment in any fiscal year in accordance with the provisions of paragraph (2), except that in making calculations under such paragraph the Secretary shall only include those coastal states which are to receive more than 2 per centum and less than 37i/^ per centum of the amount appropriated for such fiscal year.". (c)(1) Paragraph (5)(B)(i) of such section 308(b) (as renumbered by subsection (b) of this section) is amended to read as follows: "(i) necessary to provide new or improved public facilities and public services which are required as a result of outer Continental Shelf energy activity;". (2) Paragraph (5)(B) of such section 308(b) (as so renumbered) is amended by adding at the end thereof the following new sentence: "The Secretary may, pursuant to criteria promulgated by rule, describe geographic areas in which public facilities and public services referred to in clause (i) shall be presumed to be required as a result of outer Continental Shelf energy activity for purposes of disbursing the proceeds of grants under this subsection.". AUTHORIZATION

OF APPROPRIATIONS

SEC. 502. Paragraph (3) of section 318(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464(a)(3)), is amended to read as follows: "(3) such sums, not to exceed $50,000,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978, and not to exceed $130,000,000 per fiscal year for each of the fiscal years occurring during the period beginning on October 1, 1978, and ending September 30, 1988, as may be necessary for grants under section 308(b);". OUTER CONTINENTAL SHELF GRANTS

43 USC 1331 note.

SEC. 503. (a) Section 308(c) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456a(c)) is amended— (1) by inserting " (1) " immediately after " (c) "; and (2) by adding at the end thereof the following new paragraph: "(2) The Secretary shall make grants under this paragraph to any coastal state which the Secretary finds is likely to be affected by outer Continental Shelf energy activities. Such grants shall be used by such state to carry and its responsibilities under the Outer Continental Shelf Lands Act. The amount of any such grant shall not exceed 80 per centum of the cost of carrying out such responsibilities,". (b) Section 308(a)(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456a (a)(1)) is amended— (1) in subparagraph (B) thereof, by striking out "subsection (c)" and inserting in lieu thereof "subsection (c)(1)"; and (2) by redesignating subparagraphs (C) through (F), and any references thereto, as subparagraphs (D) through (G), respec-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/747

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 693

tively, and inserting immediately after subparagraph (B) the following new subparagraph: " (C) grants, under subsection (c)(2), to coastal states to carry out their responsibilities under the Outer Continental Shelf Lands 43 USC 1331 Act;". (c) Section 308(h) of the Coastal Zone Management Act of 1972 note. (16 U.S.C. 1456a(h)) is amended by striking out "subsections (c)" each place it appears and inserting in lieu thereof "subsections (c) (I)"(d) Section 308(k)(l) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456a(k)(1)) is amended by striking out "and (c)" and inserting in lieu thereof "and (c)(1)". (e) Section 318(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464(a)) is amended— (1) by redesignating paragraphs (4) through (8), and all references thereto, as paragraphs (5) through (9), respectively; and (2) by inserting immediately after paragraph (3) the following new paragraph: "(4) such sums, not to exceed $5,000,000 for each of the fiscal Funds, years ending September 30, 1979, September 30, 1980, Septem- availability. ber 30, 1981, September 30, 1982, and September 30, 1983, as may be necessary for grants under section 308(c)(2), to remain available until expended;". (f) Section 318(b) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464(b)) is amended— (1) by striking out "subsection (b) " and inserting in lieu thereof "subsections (b) and (c)(2)"; and (2) by striking out "subsections (c)" and inserting in lieu thereof "subsections (c)(1)". STATE MANAGEMENT PROGRAM

SEC. 504. Section 307(c)(3)(B) (ii) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(B) (ii)) is amended to read as follows: "(ii) concurrence by such state with such certification is conclusively presumed as provided for in subparagraph (A), except if such state fails to concur with or object to such certification within three months after receipt of its copy of such certification and supporting information, such state shall provide the Secretary, the appropriate federal agency, and such person with a written statement describing the status of review and the basis for further delay in issuing a final decision, and if such statement is not so provided, concurrence by such state with such certifica, J tion shall be conclusively presumed; or". i>.

• 1 iss-i-'ws

TITLE VI—MISCELLANEOUS PROVISIONS REVIEW o r S H U T - I N OR FLARING W E IX S

SEC. 601. (a) In a report submitted within six months after the 43 USC 18f>l. date of enactment of this Act, 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. Each such report shall be submitted to the Comp- 43 USC 1331 note. Report to Comptroller General.

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text: Page:Dictionary of National Biography. Sup. Vol III (1901).djvu/14


text:
Author:George Francis Hill

Works

 * Coins of Ancient Sicily
 * Historical Greek Coins
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title: Author:George Francis Hill


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/748

 92 STAT. 694

Report to Congress.

PUBLIC LAW 95-372—SEPT. 18, 1978 troller 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 shut-in or to flare natural gas and submit his findings and recommendations to the Congress. REVIEW AND REVISION OF ROYALTY PAYMENTS

Report to Congress. 30 USC 237.

. '*''

SEC. 602. As soon as feasible and no later than ninety days after the date of enactment of this Act, and annually thereafter, the Secretary of the Interior shall submit a report or reports to the Congress describing the extent, during the two-year period preceding such report, of delinquent royalty accounts under leases issued under any Act which regulates the development of oil and gas on Federal lands, and what new auditing, post-auditing, and accounting procedures have been adopted to assure accurate and timely payment of royalties and net profit shares. Such report or reports shall include any recommendations for corrective action which the Secretary of the Interior determines to be appropriate. NATURAL GAS DISTRIBUTION

43 USC 1862.

SEC. 603. (a) 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. Publication in (b) The Federal Energy Regulatory Commission shall, after opporFederal Register, tunity 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, 15 USC 717f. pursuant to section 7 of the Natural Gas Act, 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 7 of the ••-"' Natural Gas Act, 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 the date of enactment of this section.

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