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43 U.S.C. § 1841 — Congressional declaration of purposes
Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are to—
(1) establish policies and procedures for managing the oil and natural gas resources of the Outer Continental Shelf which are intended to result in expedited exploration and development of the Outer Continental Shelf in order to achieve national economic and energy policy goals, assure national security, reduce dependence on foreign sources, and maintain a favorable balance of payments in world trade;
(2) preserve, protect, and develop oil and natural gas resources in the Outer Continental Shelf in a manner which is consistent with the need (A) to make such resources available to meet the Nation’s energy needs as rapidly as possible, (B) to balance orderly energy resource development with protection of the human, marine, and coastal environments, (C) to insure the public a fair and equitable return on the resources of the Outer Continental Shelf, and (D) to preserve and maintain free enterprise competition;
(3) encourage development of new and improved technology for energy resource production which will eliminate or minimize risk of damage to the human, marine, and coastal environments;
(4) provide States, and through States, local governments, which are impacted by Outer Continental Shelf oil and gas exploration, development, and production with comprehensive assistance in order to anticipate and plan for such impact, and thereby to assure adequate protection of the human environment;
(5) assure that States, and through States, local governments, have timely access to information regarding activities on the Outer Continental Shelf, and opportunity to review and comment on decisions relating to such activities, in order to anticipate, ameliorate, and plan for the impacts of such activities;
(6) assure that States, and through
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Source location: Title 43, Chapter 36, § 1841; chapter-036-outer-continental-shelf-resource-management.md
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The purposes of this chapter are to—
(1) establish policies and procedures for managing the oil and natural gas resources of the Outer Continental Shelf which are intended to result in expedited exploration and development of the Outer Continental Shelf in order to achieve national economic and energy policy goals, assure national security, reduce dependence on foreign sources, and maintain a favorable balance of payments in world trade;
(2) preserve, protect, and develop oil and natural gas resources in the Outer Continental Shelf in a manner which is consistent with the need (A) to make such resources available to meet the Nation’s energy needs as rapidly as possible, (B) to balance orderly energy resource development with protection of the human, marine, and coastal environments, (C) to insure the public a fair and equitable return on the resources of the Outer Continental Shelf, and (D) to preserve and maintain free enterprise competition;
(3) encourage development of new and improved technology for energy resource production which will eliminate or minimize risk of damage to the human, marine, and coastal environments;
(4) provide States, and through States, local governments, which are impacted by Outer Continental Shelf oil and gas exploration, development, and production with comprehensive assistance in order to anticipate and plan for such impact, and thereby to assure adequate protection of the human environment;
(5) assure that States, and through States, local governments, have timely access to information regarding activities on the Outer Continental Shelf, and opportunity to review and comment on decisions relating to such activities, in order to anticipate, ameliorate, and plan for the impacts of such activities;
(6) assure that States, and through States, local governments, which are directly affected by exploration, development, and production of oil and natural gas are provided an opportunity to participate in policy and planning decisions relating to management of the resources of the Outer Continental Shelf;
(7) minimize or eliminate conflicts between the exploration, development, and production of oil and natural gas, and the recovery of other resources such as fish and shellfish;
(8) establish an oilspill liability fund to pay for the prompt removal of any oil spilled or discharged as a result of activities on the Outer Continental Shelf and for any damages to public or private interests caused by such spills or discharges;
(9) insure that the extent of oil and natural gas resources of the Outer Continental Shelf is assessed at the earliest practicable time; and
(10) establish a fishermen’s contingency fund to pay for damages to commercial fishing vessels and gear due to Outer Continental Shelf activities.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior shall conduct a continuing investigation to determine an estimate of the total discovered crude oil and natural gas reserves by fields (including proved and indicated reserves) and undiscovered crude oil and natural gas resources (including hypothetical and speculative resources) of the Outer Continental Shelf.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 95–372, title VI, § 602, Sept. 18, 1978, 92 Stat. 694, which required the Secretary of the Interior to submit annual reports to Congress on delinquent royalty accounts under leases issued under any Act regulating development of oil and gas on Federal lands, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under [section 1113 of Title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1113&num=0&edition=prelim), Money and Finance. See, also, page 111 of House Document No. 103–7.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 94–163, title I, § 103, Dec. 22, 1975, 89 Stat. 877; Pub. L. 96–72, § 22(b)(1), Sept. 29, 1979, 93 Stat. 535, related to domestic use of energy supplies and related materials and equipment.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section—
(1) The terms “fishery”, “fishery conservation zone”, “fishing”, “fishing vessel”, “Secretary”, and “vessel of the United States” shall each have the same respective meaning as is given to such terms in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim)).11 See References in Text note below.
(2) The term “fishing gear” means any equipment or appurtenance which is necessary for the carrying out of fishing operations by a fishing vessel, whether or not such equipment or appurtenance is attached to such vessel.
(3) The term “fund” means the Fishing Vessel and Gear Damage Compensation Fund established under subsection (f).
(4) The term “resulting economic loss” means the gross income, as estimated by the Secretary, that a fishing vessel owner or operator who is eligible for compensation under this section for damage to, loss of, or destruction of, a fishing vessel or the fishing gear used with such vessel will lose by reason of not being able to engage in fishing, or having to reduce his fishing effort, during the period before the vessel or gear, or both, are repaired or replaced and available for use.
**(b) Causes of loss or destruction** Subject to the provisions of this section, the owner or operator (hereinafter referred to as the “vessel owner”) of any fishing vessel which is a vessel of the United States is eligible for monetary compensation under this section for any damage to, loss of, or destruction of such vessel, or any fishing gear used with such vessel, or both, and for any resulting economic loss, if the damage, loss, or destruction—
(1) in the case of such vesse
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; availability; source of deposits; limitation on amount; interest-bearing accounts; litigation**
(1) There is established in the Treasury of the United States a Fishermen’s Contingency Fund. The Fund shall be available to the Secretary without fiscal year limitations as a revolving fund for the purpose of making payments pursuant to this section. The Fund shall consist of—
(A) revenues received from investments made under paragraph (3);
(B) amounts collected under subsection (b); and
(C) amounts recovered by the Secretary under [section 1845(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1845/h/2&num=0&edition=prelim).
The total amount in the Fund that is collected under subsection (b) may at no time exceed $2,000,000; and the total amount in the Fund which is attributable to revenue received under paragraph (3) or recovered by the Secretary under [section 1845(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1845/h/2&num=0&edition=prelim) shall be expended prior to amounts collected under subsection (b). Not more than 8 percent of the total amount in the Fund may be expended in any fiscal year for paying the administrative and personnel expenses referred to in paragraph (2)(A).
(2) The Fund shall be available, as provided for in appropriation Acts solely for the payment of—
(A) the personnel and administrative expenses incurred in carrying out this subchapter;
(B) any claim, in accordance with procedures established under this section, for damages that are compensable under this subchapter; and
(C) attorney and other fees awarded under [section 1845(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-titl
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prescription and amendment of regulations respecting settlement of claims; identification classification of potential hazards to commercial fishing** In carrying out the provisions of this subchapter, the Secretary shall—
(1) prescribe, and from time to time amend, regulations for the filing, processing, and fair and expeditious settlement of claims pursuant to this subchapter, including a time limitation of not less than 90 days on the filing of such claims (except that, notwithstanding any other provision of law, final regulations implementing the 1981 amendments to this subchapter shall be published in the Federal Register within 120 days after the date of the enactment of such amendments); and
(2) identify and classify all potential hazards to commercial fishing caused by Outer Continental Shelf oil and gas exploration, development, and production activities, including all obstructions on the bottom, throughout the water column, and on the surface.
**(b) Establishment of regulations respecting color coding, stamping, or labeling of equipment, tools, etc., used on Outer Continental Shelf** The Secretary of the Interior shall establish regulations requiring all materials, equipment, tools, containers, and all other items used on the Outer Continental Shelf to be properly color coded, stamped, or labeled, wherever practicable, with the owner’s identification prior to actual use.
**(c) Disbursement of payments to compensate commercial fishermen; restrictions**
(1) Payments shall be disbursed by the Secretary from the Fund to compensate commercial fishermen for actual and consequential damages, including resulting economic loss, due to damages to, or loss of, fishing gear by materials, equipment, tools, containers, or other items associated with Outer Continen
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1845
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Federal law — U.S. Code and appendices · legal_authorities
With respect to any claim for damages filed under this subchapter, there shall be a presumption that such damages were due to activities related to oil and gas exploration, development, or production if the claimant establishes that—
(1) the commercial fishing vessel was being used for fishing and was located in an area affected by Outer Continental Shelf activities;
(2) a report on the location of the material, equipment, tool, container, or other item which caused such damages and the nature of such damages was made within fifteen days after the date on which the vessel first returns to a port after discovering such damages;
(3) there was no record on the latest nautical charts or Notice to Mariners in effect at least 15 days prior to the date such damages were sustained that such material, equipment, tool, container, or other item existed where such damages occurred, except that in the case of damages caused by a pipeline, the presumption established by this section shall obtain whether or not there was any such record of the pipeline on the damage date; and
(4) there was no proper surface marker or lighted buoy which was attached or closely anchored to such material, equipment, tool, container, or other item.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1846
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing requirement; time to file** Any commercial fisherman suffering damages compensable under this subchapter may file a claim for compensation with the Secretary under subsection (d)(1).
**(b) Transmittal of copy of claim to Secretary of the Interior; reference to Secretary** Upon receipt of any claim under this section, the Secretary shall transmit a copy of the claim to the Secretary of the Interior and shall take such further action regarding the claim that is required under subsection (d).
**(c) Notification to persons engaged in activities associated with Outer Continental Shelf energy activities; response of persons notified; submittal of evidence** The Secretary of the Interior shall make reasonable efforts to notify all persons known to have engaged in activities associated with Outer Continental Shelf energy activity in the vicinity. Each such person shall promptly notify the Secretary and the Secretary of the Interior as to whether he admits or denies responsibility for the damages claimed. Any such person, including lessees or permittees or their contractors or subcontractors, may submit evidence at any proceeding conducted with respect to such claim.
**(d) Acceptance of claim by Secretary; time to render decision; review of initial determination**
(1) The Secretary shall, under regulations prescribed pursuant to [section 1843(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1843/a&num=0&edition=prelim), specify the time, form and manner in which claims must be filed.
(2) The Secretary may not accept any claim that does not meet the filing requirements specified under paragraph (1), and shall give a claimant whose claim is not accepted written notice of the reasons for nonacceptance. Such written noti
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Federal law — U.S. Code and appendices · legal_authorities
Page 600
TITLE 43—PUBLIC LANDS
§§ 1811 to 1824
1 So in original. The ‘‘of’’ is probably unnecessary.
(9) insure that the extent of oil and natural
gas resources of the Outer Continental Shelf is
assessed at the earliest practicable time; and
(10) establish a fishermen’s contingency fund
to pay for damages to commercial fishing ves-
sels and gear due to Outer Continental Shelf
activities.
(Pub. L. 95–372, title I, § 102, Sept. 18, 1978, 92
Stat. 631.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in opening provision, was in
the original ‘‘this Act’’, meaning Pub. L. 95–372, Sept.
18, 1978, 92 Stat. 629, known as the Outer Continental
Shelf Lands Act Amendments of 1978, which enacted
this chapter, sections 1344 to 1356 of this title, and sec-
tion 237 of Title 30, Mineral Lands and Mining, amended
sections 1331 to 1334, 1337, 1340, and 1343 of this title,
sections 1456, 1456a, and 1464 of Title 16, Conservation,
and section 6213 of Title 42, The Public Health and Wel-
fare, and enacted provisions set out as notes under sec-
tions 1348 and 1811 of this title. For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 1801 of this title and Tables.
SUBCHAPTER I—OFFSHORE OIL SPILL
POLLUTION FUND
§§ 1811 to 1824. Repealed. Pub. L. 101–380, title II,
§ 2004, Aug. 18, 1990, 104 Stat. 507
Section 1811, Pub. L. 95–372, title III, § 301, Sept. 18,
1978, 92 Stat. 670, defined terms used in this subchapter.
Section 1812, Pub. L. 95–372, title III, § 302, Sept. 18,
1978, 92 Stat. 672; Pub. L. 101–239, title IX, § 9001(a), Dec.
19, 1989, 103 Stat. 2470, established Offshore Oil Pollu-
tion Compensation Fund.
Section 1813, Pub. L. 95–372, title III, § 303, Sept. 18,
1978, 92 Stat. 674, provided for assert
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1841
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