43 U.S.C. § 1811 — Untitled legal text

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 Repealed.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 asserting claims for eco- nomic 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 op- erators 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 off- shore 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 Pollu- tion 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 1820, Pub. L. 95–372, title III, § 310, Sept. 18, 1978, 92 Stat. 684, outlined relationship of this sub- chapter to other State or Federal laws. Section 1821, Pub. L. 95–372, title III, § 311, Sept. 18, 1978, 92 Stat. 684, prohibited harmful discharge of oil from any offshore facility or vessel. Section 1822, Pub. L. 95–372, title III, § 312, Sept. 18, 1978, 92 Stat. 684, set civil and criminal penalties for violations of provisions of this subchapter. Section 1823, Pub. L. 95–372, title III, § 313, Sept. 18, 1978, 92 Stat. 685, authorized appropriations for admin- istration of this subchapter. Section 1824, Pub. L. 95–372, title III, § 314, Sept. 18, 1978, 92 Stat. 685, directed Secretary of Transportation to submit report annually to Congress on operation of this subchapter. Statutory Notes and Related Subsidiaries 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 Title 33, Navi- gation and Navigable Waters. EFFECTIVE DATE Pub. L. 95–372, title III, § 315, Sept. 18, 1978, 92 Stat. 685, which provided that such section, section 1814(e) of this title, section 1815(d) of this title, and all provisions of this subchapter authorizing the delegation of author- ity or the promulgation of regulations were to be effec- tive Sept. 18, 1978, and that all other provisions of this subchapter, and rules and regulations promulgated pur- suant to such provisions, were to be effective on the one hundred and eightieth day after Sept. 18, 1978, was repealed by Pub. L. 101–380, title II, § 2004, Aug. 18, 1990, 104 Stat. 507. OFFSHORE OIL POLLUTION COMPENSATION FUND Amounts remaining in the Offshore Oil Pollution Compensation Fund established under former section 1812 of this title to be deposited in the Oil Spill Liabil- ity Trust Fund established under section 9509 of Title 26, Internal Revenue Code, with that Fund to assume all liability incurred by the Offshore Oil Pollution Compensation Fund, see section 2004 of Pub. L. 101–380, set out as a note under section 9509 of Title 26. SUBCHAPTER II—FISHERMEN’S CONTINGENCY FUND § 1841. Definitions 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 explo- ration, development or production activities have been permitted, except geophysical ac- tivities; (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 ease- ments, Outer Continental Shelf supply ves- sel 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 agen- cy of a State, or a group of States, or any cor- poration, 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 natu- ralization, and which has at least 75 per cen- tum of the interest of 1 therein owned by citi- zens of the United States. Seventy-five per centum of the interest in the corporation shall