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43 U.S.C. § 1845 — Duties and powers of Secretary
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
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Source file: Laws/federal/codes/united-states-code/title-43/section-1845-duties-and-powers-of-secretary--019a18f6a6.md
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Source location: Title 43, Chapter 36, § 1845; chapter-036-outer-continental-shelf-resource-management.md
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**(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 Continental Shelf oil and gas exploration, development, or production activities. The compensation payable under this section for resulting economic loss shall be an amount equal to 50 per centum of such loss. For purposes of this subsection, the term “resulting economic loss” means the gross income, as estimated by the Secretary, that a commercial fisherman who is eligible for compensation under this section will lose by reason of not being able to engage in fishing, or having to reduce his fishing effort, during the period before the damaged or lost fishing gear concerned is repaired or replaced and available for use.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, no payment may be made by the Secretary from the Fund—
(A) to the extent that damages were caused by the negligence or fault of the commercial fisherman making the claim;
(B) if the damage set forth in the claim was sustained prior to September 18, 1978;
(C) 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; and
(D) for any portion of the damages claimed with respect to which the claimant has received, or will receive, compensation from insurance.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1841
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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
**(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
Page 604
TITLE 43—PUBLIC LANDS
§ 1845
1 See References in Text note below.
Par. (2). Pub. L. 97–212, § 4(2), substituted ‘‘fifteen
days after the date on which the vessel first returns to
a port after discovering such damages’’ for ‘‘five days
after the date on which such damages were discovered’’.
Par. (3). Pub. L. 97–212, § 4(3), inserted ‘‘the latest’’
after ‘‘no record on’’, struck out ‘‘the’’ before ‘‘Notice
to Mariners’’, and substituted ‘‘in effect at least 15 days
prior to the date’’ for ‘‘on the date’’ and ‘‘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’’ for ‘‘in
such area’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–212 applicable with respect
to claims for damages filed on or after June 30, 1982,
with the Secretary of Commerce under section 1845(a)
of this title, with provision for the refiling of pre-
viously filed claims under certain circumstances, see
section 9 of Pub. L. 97–212, set out as a note under sec-
tion 1841 of this title.
§ 1845. Claims procedure
(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
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1845
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