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46 U.S.C. § 12118 — Owners engaged primarily in manufacturing or mineral industry
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Bowaters corporation.—** — The term “Bowaters corporation” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that—
(A) the corporation is incorporated under the laws of the United States or a State;
(B) a majority of the officers and directors of the corporation are individuals who are citizens of the United States;
(C) at least 90 percent of the employees of the corporation are residents of the United States;
(D) the corporation is engaged primarily in a manufacturing or mineral industry in the United States;
(E) the total book value of the vessels owned by the corporation is not more than 10 percent of the total book value of the assets of the corporation; and
(F) the corporation buys or produces in the United States at least 75 percent of the raw materials used or sold in its operations.
(2) **Parent.—** — The term “parent” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation—
(A) is incorporated under the laws of the United States or a State; and
(B) controls, directly or indirectly, at least 50 percent of the voting stock of a Bowaters corporation.
(3) **Subsidiary.—** — The term “subsidiary” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation—
(A) is incorporated under the laws of the United States or a State; and
(B) has at least 50 percent of its voting stock controlled, directly or indirectly, by a Bowaters corporation or its parent.
**(b) Deemed Cit
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Stable record: federal_law:legal_authorities:record_usc_fbacd8793abf3e7bb60e7ebc
Source file: Laws/federal/codes/united-states-code/title-46/section-12118-owners-engaged-primarily-in-manufacturing-or-mineral-industry--7c77a6f2a3.md
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Source location: Title 46, Chapter 121, § 12118; chapter-121-documentation-of-vessels.md
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**(a) Definitions.—** In this section:
(1) **Bowaters corporation.—** — The term “Bowaters corporation” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that—
(A) the corporation is incorporated under the laws of the United States or a State;
(B) a majority of the officers and directors of the corporation are individuals who are citizens of the United States;
(C) at least 90 percent of the employees of the corporation are residents of the United States;
(D) the corporation is engaged primarily in a manufacturing or mineral industry in the United States;
(E) the total book value of the vessels owned by the corporation is not more than 10 percent of the total book value of the assets of the corporation; and
(F) the corporation buys or produces in the United States at least 75 percent of the raw materials used or sold in its operations.
(2) **Parent.—** — The term “parent” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation—
(A) is incorporated under the laws of the United States or a State; and
(B) controls, directly or indirectly, at least 50 percent of the voting stock of a Bowaters corporation.
(3) **Subsidiary.—** — The term “subsidiary” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation—
(A) is incorporated under the laws of the United States or a State; and
(B) has at least 50 percent of its voting stock controlled, directly or indirectly, by a Bowaters corporation or its parent.
**(b) Deemed Citizen.—** A Bowaters corporation is deemed to be a citizen of the United States for purposes of chapters 121, 551, and 561 and [section 80104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section80104&num=0&edition=prelim).
**(c) Issuance of Documentation.—** A certificate of documentation and appropriate endorsement may be issued for a vessel that—
(1) is owned by a Bowaters corporation;
(2) was built in the United States; and
(3)
(A) is self-propelled and less than 500 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage as measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim); or
(B) is not self-propelled.
**(d) Effects of Documentation.—**
(1) **In general.—** — Subject to paragraph (2)—
(A) a vessel documented under this section may engage in the coastwise trade; and
(B) the vessel and its owner and master are entitled to the same benefits and are subject to the same requirements and penalties as if the vessel were otherwise documented or exempt from documentation under this chapter.
(2) **Transportation of passengers or merchandise.—** — A vessel documented under this section may transport passengers or merchandise for hire in the coastwise trade only—
(A) as a service for a parent or subsidiary of the corporation owning the vessel; or
(B) when under a demise or bareboat charter, at prevailing rates for use not in the domestic noncontiguous trades, from the corporation owning the vessel to a carrier that—
(i) is subject to jurisdiction under subchapter II of chapter 135 of title 49;
(ii) otherwise qualifies as a citizen of the United States under [section 50501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section50501&num=0&edition=prelim); and
(iii) is not owned or controlled, directly or indirectly, by the corporation owning the vessel.
**(e) Validity of Corporate Certificate.—** A certificate filed by a corporation under this section remains valid only as long as the corporation continues to satisfy the conditions required of the corporation by this section. When a corporation no longer satisfies those conditions, the corporation loses its status under this section and immediately shall surrender to the Secretary any documents issued to it based on that status.
**(f) Penalties.—**
(1) **Falsifying material fact.—** — If a corporation knowingly falsifies a material fact in a certificate filed under subsection (a), the vessel (or its value) documented or operated under this section shall be forfeited.
(2) **Transporting merchandise.—** — If a vessel transports merchandise for hire in violation of this section, the merchandise shall be forfeited to the United States Government.
(3) **Transporting passengers.—** — If a vessel transports passengers for hire in violation of this section, the vessel is liable for a penalty of $200 for each passenger so transported.
(4) **Remission or mitigation.—** — A penalty or forfeiture incurred under this subsection may be remitted or mitigated under [section 2107(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2107/b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention.
**(b)** A vessel measured under this chapter may not be required to be measured under another law.
**(c)** Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law—
(1) becomes effective after July 18, 1994; or
(2) is in effect before July 19, 1994, is not enumerated in [section 14305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14305&num=0&edition=prelim), and is identified by the Secretary by regulation as a law to which this chapter applies.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14302
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14502
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle—
(1) “associated equipment”—
(A) means—
(i) a system, accessory, component, or appurtenance of a recreational vessel; or
(ii) a marine safety article intended for use on board a recreational vessel; but
(B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment.
(2) “Coast Guard” means the organization established and continued under [section 101 of title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section101&num=0&edition=prelim).
(3) “Commandant” means the Commandant of the Coast Guard.
(4) “commercial service” includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel.
(5) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.
(6) “crude oil” means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added.
(7) “crude oil tanker” means a tanker engaged in the trade of carrying crude oil.
(8) “dangerous drug” means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Com
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition.—** Except as provided in this section or [section 80105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section80105&num=0&edition=prelim), a foreign vessel may not, under penalty of forfeiture, engage in salvaging operations on the Atlantic or Pacific coast of the United States, in any portion of the Great Lakes or their connecting or tributary waters, including any portion of the Saint Lawrence River through which the international boundary line extends, or in territorial waters of the United States on the Gulf of Mexico.
**(b) When Suitable Vessel Not Available.—** The Secretary of Homeland Security may authorize a foreign vessel to engage in salvaging operations in a particular locality if, on investigation, the Secretary is satisfied that there is not available in that locality a suitable vessel that is—
(1) owned only by citizens of the United States (including a Bowaters corporation under [section 12118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12118&num=0&edition=prelim)); and
(2) documented under chapter 121 of this title or numbered under chapter 123 of this title.
**(c) Operations Authorized by Treaty.—** This section does not prohibit or restrict assistance to vessels or salvaging operations authorized by treaty, including—
(1) article II of the Treaty between the United States and Great Britain concerning reciprocal rights for United States and Canada in the conveyance of prisoners and wrecking and salvage, signed at Washington, May 18, 1908 (35 Stat. 2036); or
(2) the Treaty between the United States of America and Mexico to facilitate assistance to and salvage of vessels in territorial waters, signed at Mexico City, June 13, 1935 (49 Stat. 3359).
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 80104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In this subtitle, a corporation, partnership, or association is deemed to be a citizen of the United States only if the controlling interest is owned by citizens of the United States. However, if the corporation, partnership, or association is operating a vessel in the coastwise trade, at least 75 percent of the interest must be owned by citizens of the United States.
**(b) Additional Requirements for Corporations.—** In this subtitle, a corporation is deemed to be a citizen of the United States only if, in addition to satisfying the requirements in subsection (a)—
(1) it is incorporated under the laws of the United States or a State;
(2) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and
(3) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.
**(c) Determination of Controlling Corporate Interest.—** The controlling interest in a corporation is owned by citizens of the United States under subsection (a) only if—
(1) title to the majority of the stock in the corporation is vested in citizens of the United States free from any trust or fiduciary obligation in favor of a person not a citizen of the United States;
(2) the majority of the voting power in the corporation is vested in citizens of the United States;
(3) there is no contract or understanding by which the majority of the voting power in the corporation may be exercised, directly or indirectly, in behalf of a person not a citizen of the United States; and
(4) there is no other means by which control of the corporation is given to or permitted to be exercised by a person not a citizen of the United States.
**(d) Determination of 75 Percent Corporate Inter
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 50501
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the application of a law of the United States to a vessel depends on the vessel’s tonnage, the vessel shall be measured under this part.
**(b)** If a statute allows for an alternate tonnage to be prescribed under this section, the Secretary may prescribe it by regulation. Any such regulation shall be considered to be an interpretive regulation for purposes of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). Until an alternate tonnage is prescribed, the statutorily established tonnage shall apply to vessels measured under chapter 143 or chapter 145 of this title.
**(c)** The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply with the alternate tonnages implemented by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization; requirements; scope** If the report of the Secretary submitted pursuant to [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1521&num=0&edition=prelim) affirmatively recommends the establishment of the program and the Congress by law (after review of such recommendation) specifically authorizes the establishment of the program, the Secretary shall establish and implement within six months after the date of the enactment of such authorization a program, in cooperation with the insurance and reinsurance industry, to provide reservoir insurance to qualified eligible applicants in accordance with this section.
**(b) Definitions** For the purpose of this section—
(1) the term “investment” means the expenditure of, and any irrevocable legal obligation to expend, funds (together with the reasonable interest costs thereof) for the purchase or construction of machinery, equipment, and facilities manufactured, or for services contracted to be furnished, for the development and utilization of a geothermal resource in the United States to provide energy in the form of heat for direct use or for generation of electricity;
(2) the term “geothermal resource” means a resource in the United States including (A) all products of geothermal processes embracing indigenous steam, hot water, and hot brines; (B) steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations; (C) heat or other associated energy found in geothermal formations; and (D) any byproducts derived from them, where “byproduct” means any mineral or minerals (exclusive of oil, hydrocarbon gas, and helium) which are found in solution or in association with other geoth
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (b), a vessel may engage in dredging in the navigable waters of the United States only if—
(1) the vessel is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade;
(2) the charterer, if any, is a citizen of the United States for purposes of engaging in the coastwise trade; and
(3) the vessel has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of this title or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.
**(b) Dredging of Gold in Alaska.—** A documented vessel with a registry endorsement may engage in the dredging of gold in Alaska.
**(c) Penalty.—** If a vessel is operated in knowing violation of this section, the vessel and its equipment are liable to seizure by and forfeiture to the United States Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55109
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Federal law — U.S. Code and appendices · legal_authorities
[Section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) applies to the transportation of valueless material or dredged material, regardless of whether it has commercial value, from a point in the United States or on the high seas within the exclusive economic zone, to another point in the United States or on the high seas within the exclusive economic zone.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55110
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except when towing a vessel in distress, a vessel may not do any part of any towing described in subsection (b) unless the towing vessel—
(1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and
(2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of this title or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.
**(b) Applicable Towing.—** Subsection (a) applies to the towing of—
(1) a vessel between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port or place;
(2) a vessel from point to point within the harbors of ports or places to which the coastwise laws apply; or
(3) a vessel transporting valueless material or dredged material, regardless of whether it has commercial value, from a point in the United States or on the high seas within the exclusive economic zone, to another point in the United States or on the high seas within the exclusive economic zone.
**(c) Penalties.—**
(1) **Owner and master.—** — The owner and master of a vessel towing another vessel in violation of this section are each liable for a penalty of at least $350 but not more than $1,100. A penalty under this paragraph constitutes a lien on the vessel. The lien is enforceable in a district court of the United States for any district in which the vessel is found. Clearance may not be granted to the vessel until the penalties have been paid.
(2) **Vessel.—** — In addition to the penalties under paragraph (1), the towing vessel is liable for a penalty of $60 per ton based on the tonnage of each towed vessel.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55111
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