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43 U.S.C. § 1843 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter, the term—
(1) “area affected by Outer Continental Shelf activities” means any geographic area:
(A) which is under oil or gas lease on the Outer Continental Shelf;
(B) where Outer Continental Shelf exploration, development or production activities have been permitted, except geophysical activities;
(C) where pipeline rights-of-way have been granted; or
(D) otherwise impacted by such activities including but not limited to expired lease areas, relinquished rights-of-way and easements, Outer Continental Shelf supply vessel routes, or other areas as determined by the Secretary;
(2) “citizen of the United States” means any person who is a United States citizen by law, birth, or naturalization, any State, any agency of a State, or a group of States, or any corporation, partnership, or association organized under the laws of any State which has as its president or other chief executive officer and as its chairman of the board of directors, or holder of a similar office, a person who is a United States citizen by law, birth, or naturalization, and which has at least 75 per centum of the interest of 11 So in original. The “of” is probably unnecessary. therein owned by citizens of the United States. Seventy-five per centum of the interest in the corporation shall not be deemed to be owned by citizens of the United States—
(A) if the title to 75 per centum of its stock is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States;
(B) if 75 per centum of the voting power in such corporation is not vested in citizens of the United States;
(C) if through any contract or understanding it is so arranged that more than 25 per centum of the voting power may be exerci
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Source location: Title 43, Chapter 36, § 1843; chapter-036-outer-continental-shelf-resource-management.md
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As used in this subchapter, the term—
(1) “area affected by Outer Continental Shelf activities” means any geographic area:
(A) which is under oil or gas lease on the Outer Continental Shelf;
(B) where Outer Continental Shelf exploration, development or production activities have been permitted, except geophysical activities;
(C) where pipeline rights-of-way have been granted; or
(D) otherwise impacted by such activities including but not limited to expired lease areas, relinquished rights-of-way and easements, Outer Continental Shelf supply vessel routes, or other areas as determined by the Secretary;
(2) “citizen of the United States” means any person who is a United States citizen by law, birth, or naturalization, any State, any agency of a State, or a group of States, or any corporation, partnership, or association organized under the laws of any State which has as its president or other chief executive officer and as its chairman of the board of directors, or holder of a similar office, a person who is a United States citizen by law, birth, or naturalization, and which has at least 75 per centum of the interest of 11 So in original. The “of” is probably unnecessary. therein owned by citizens of the United States. Seventy-five per centum of the interest in the corporation shall not be deemed to be owned by citizens of the United States—
(A) if the title to 75 per centum of its stock is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States;
(B) if 75 per centum of the voting power in such corporation is not vested in citizens of the United States;
(C) if through any contract or understanding it is so arranged that more than 25 per centum of the voting power may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States; or
(D) if by any other means whatsoever control of any interest in the corporation in excess of 25 per centum is conferred upon or permitted to be exercised by any person who is not a citizen of the United States;
(3) “commercial fisherman” means any citizen of the United States who owns, operates, or derives income from being employed on a commercial fishing vessel;
(4) “commercial fishing vessel” means any vessel, boat, ship, or other craft which is (A) documented under the laws of the United States or, if under five net tons, registered under the laws of any State, and (B) used for, equipped to be used for, or of a type which is normally used for commercial purposes for the catching, taking, or harvesting of fish or the aiding or assisting of any activity related to the catching, taking, or harvesting of fish, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing;
(5) “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals, birds, and highly migratory species;
(6) “fishing gear” means (A) any commercial fishing vessel, and (B) any equipment of such vessel, whether or not attached to such a vessel;
(7) “Fund” means the Fishermen’s Contingency Fund established under [section 1842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1842&num=0&edition=prelim); and
(8) “Secretary” means the Secretary of Commerce or the designee of such Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement shall become effective with respect to the United States before the close of the first 120 days (excluding any days in a period for which the Congress is adjourned sine die) after the date on which the President transmits to the House of Representatives and to the Senate a document setting forth the text of such governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement. A copy of the document shall be delivered to each House of Congress on the same day and shall be delivered to the Clerk of the House of Representatives, if the House is not in session, and to the Secretary of the Senate, if the Senate is not in session.
**(b) Referral to committees** Any document described in subsection (a) shall be immediately referred in the House of Representatives to the Committee on Merchant Marine and Fisheries, and in the Senate to the Committees on Commerce, Science, and Transportation and on Foreign Relations.
**(c) Congressional procedures**
(1) **Rules of the House of Representatives and Senate** — The provisions of this section are enacted by the Congress—
(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of fishery agreement resolutions described in paragraph (2), and they supersede other rules only to the extent that they are inconsistent therewith; and
(B) with full recognition of the constitutional right of either House to change the rules (so far as they relate t
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1823
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
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 Pollution Compensation Fund.
Section 1813, Pub. L. 95–372, title III, § 303, Sept. 18, 1978, 92 Stat. 674, provided for asserting claims for economic loss from oil pollution.
Section 1814, Pub. L. 95–372, title III, § 304, Sept. 18, 1978, 92 Stat. 675, set scope of liability of owners and operators of vessels and offshore facilities.
Section 1815, Pub. L. 95–372, title III, § 305, Sept. 18, 1978, 92 Stat. 677; Pub. L. 100–610, title I, §§ 2, 3, Nov. 5, 1988, 102 Stat. 3176, required owners and operators of offshore facilities and vessels using offshore facilities to provide evidence of financial responsibility to cover liability for oil pollution.
Section 1816, Pub. L. 95–372, title III, § 306, Sept. 18, 1978, 92 Stat. 678, provided for notification, designation, and advertisement of incidents involving vessels or offshore facilities.
Section 1817, Pub. L. 95–372, title III, § 307, Sept. 18, 1978, 92 Stat. 679, related to presentment of claims to owners, operators, guarantors, or Offshore Oil Pollution Compensation Fund.
Section 1818, Pub. L. 95–372, title III, § 308, Sept. 18, 1978, 92 Stat. 682, provided for subrogation of any person or governmental entity which paid compensation for an economic loss to all rights, claims, and causes of action which claimant had under this subchapter.
Section 1819, Pub. L. 95–372, title III, § 309, Sept. 18, 1978, 92 Stat. 683, provided for jurisdiction and venue of controversies arising under this subchapter.
Section 182
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1842
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1847
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
Page 602
TITLE 43—PUBLIC LANDS
§ 1843
(B) any claim, in accordance with procedures
established under this section, for damages
that are compensable under this subchapter;
and
(C) attorney and other fees awarded under
section 1845(e) of this title with respect to any
such claim.
(3) Sums in the Fund that are not currently
needed for the purposes of the Fund shall be
kept on deposit in appropriate interest-bearing
accounts that shall be established by the Sec-
retary of the Treasury or invested in obligations
of, or guaranteed by, the United States. Any
revenue accruing from such deposits and invest-
ments shall be deposited into the Fund.
(4) The Fund may sue and be sued in its own
name. All litigation by or against the Fund
shall be referred to the Attorney General.
(b) Payments by each holder of lease, permit,
easement, or right-of-way
(1) Except as provided in paragraph (2), each
holder of a lease that is issued or maintained
under the Outer Continental Shelf Lands Act [43
U.S.C. 1331 et seq.] and each holder of an explo-
ration permit, or an easement or right-of-way
for the construction of a pipeline in any area of
the Outer Continental Shelf, shall pay an
amount specified by the Secretary. The Sec-
retary of the Interior shall collect such amount
and deposit it into the Fund. In any calendar
year, no holder of a lease, permit, easement, or
right-of-way shall be required to pay an amount
in excess of $5,000 per lease, permit, easement, or
right-of-way.
(2) Payments may not be required under para-
graph (1) by the Secretary of the Interior with
respect to geological permits and geophysical
permits, other than prelease exploratory drilling
permits issued under section 11 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1340).
(Pub.
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1843
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