33 U.S.C. § 1517 — Untitled legal text

Page 648 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1517 not so participate, he can show that his failure to do so was caused by the Secretary’s failure to provide the required notice); and (B) is adversely affected by the Secretary’s action. (Pub. L. 93–627, § 17, Jan. 3, 1975, 88 Stat. 2141.) § 1517. Repealed. Pub. L. 101–380, title II, § 2003(a)(2), Aug. 18, 1990, 104 Stat. 507 Section, Pub. L. 93–627, § 18, Jan. 3, 1975, 88 Stat. 2141; Pub. L. 98–419, § 4(a), Sept. 25, 1984, 98 Stat. 1608, set pen- alties for discharge of oil into marine environment and provided for creation and maintenance of a Deepwater Port Liability Fund. Statutory Notes and Related Subsidiaries DEEPWATER PORT LIABILITY FUND Amounts remaining in Deepwater Port Liability Fund established under former subsec. (f) of this sec- tion to be deposited in Oil Spill Liability Trust Fund established under section 9509 of Title 26, Internal Rev- enue Code, with that Fund to assume all liability in- curred by the Deepwater Port Liability Fund, see sec- tion 2003(b) of Pub. L. 101–380, set out as a note under section 9509 of Title 26. EFFECTIVE DATE OF REPEAL Repeal applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of this title. § 1517a. Omitted Editorial Notes CODIFICATION Section, Pub. L. 101–164, title I, Nov. 21, 1989, 103 Stat. 1073, which authorized Secretary of Transportation to issue, and Secretary of the Treasury to purchase, notes or other obligations to meet obligations of Deepwater Port Liability Fund, applied to fiscal year ending Sept. 30, 1990, and was not repeated in subsequent appropria- tion acts. Similar provisions were contained in the following prior appropriation acts: Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2128. Pub. L. 100–202, § 101(l) [title I], Dec. 22, 1987, 101 Stat. 1329–358, 1329–361. Pub. L. 99–500, § 101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l) [H.R. 5205, title I], Oct. 30, 1986, 100 Stat. 3341–308. Pub. L. 99–190, § 101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 1270. Pub. L. 98–473, title I, § 101(i) [title I], Oct. 12, 1984, 98 Stat. 1944, 1947. Pub. L. 98–78, title I, Aug. 15, 1983, 97 Stat. 455. Pub. L. 97–369, title I, Dec. 18, 1982, 95 Stat. 1767. Pub. L. 97–102, title I, Dec. 23, 1981, 95 Stat. 1444. Pub. L. 97–12, title I, June 5, 1981, 95 Stat. 67. § 1518. Relationship to other laws (a) Federal Constitution, laws, and treaties appli- cable; other Federal requirements applica- ble; status of deepwater port; Federal or State authorities and responsibilities within territorial seas unaffected; notification by Secretary of State of intent to exercise juris- diction; objections by foreign governments (1) The Constitution, laws, and treaties of the United States shall apply to a deepwater port li- censed under this chapter and to activities con- nected, associated, or potentially interfering with the use or operation of any such port, in the same manner as if such port were an area of exclusive Federal jurisdiction located within a State. Nothing in this chapter shall be con- strued to relieve, exempt, or immunize any per- son from any other requirement imposed by Federal law, regulation, or treaty. Deepwater ports licensed under this chapter do not possess the status of islands and have no territorial seas of their own. (2) Except as otherwise provided by this chap- ter, nothing in this chapter shall in any way alter the responsibilities and authorities of a State or the United States within the territorial seas of the United States. (3) The Secretary of State shall notify the gov- ernment of each foreign state having vessels registered under its authority or flying its flag which may call at or otherwise utilize a deep- water port but which do not currently have an agreement in effect as provided in subsection (c)(2)(A)(i) of this section that the United States intends to exercise jurisdiction over vessels call- ing at or otherwise utilizing a deepwater port and the persons on board such vessels. The Sec- retary of State shall notify the government of each such state that, absent its objection, its vessels will be subject to the jurisdiction of the United States whenever they— (A) are calling at or otherwise utilizing a deepwater port; and (B) are within the safety zone of such a deep- water port and are engaged in activities con- nected, associated, or potentially interfering with the use and operation of the deepwater port. The Secretary of State shall promptly inform li- censees of deepwater ports of all objections re- ceived from governments of foreign states in re- sponse to notifications made under this para- graph. (b) Law of nearest adjacent coastal State as ap- plicable Federal law; Federal administration and enforcement of such law; nearest adja- cent coastal State defined The law of the nearest adjacent coastal State, now in effect or hereafter adopted, amended, or repealed, is declared to be the law of the United States, and shall apply to any deepwater port li- censed pursuant to this chapter, to the extent applicable and not inconsistent with any provi- sion or regulation under this chapter or other Federal laws and regulations now in effect or hereafter adopted, amended, or repealed. All such applicable laws shall be administered and enforced by the appropriate officers and courts of the United States. For purposes of this sub- section, the nearest adjacent coastal State shall be that State whose seaward boundaries, if ex- tended beyond 3 miles, would encompass the site of the deepwater port. (c) Vessels of United States and foreign states subject to Federal jurisdiction; objections to jurisdiction; designation of agent for service of process; duty of licensee (1) The jurisdiction of the United States shall apply to vessels of the United States and persons on board such vessels. The jurisdiction of the United States shall also apply to vessels, and persons on board such vessels, registered in or