33 U.S.C. § 1518 — Relationship to other laws

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 Repealed.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 Page 649 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1520 flying the flags of foreign states, whenever such vessels are— (A) calling at or otherwise utilizing a deep- water 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 jurisdiction of the United States under this paragraph shall not, however, apply to vessels registered in or flying the flag of any foreign state that has objected to the application of such jurisdiction. (2) Except in a situation involving force majeure, a licensee shall not permit a vessel reg- istered in or flying the flag of a foreign state to call at or otherwise utilize a deepwater port li- censed under this chapter unless— (A)(i) the foreign state involved, by specific agreement with the United States, has agreed to recognize the jurisdiction of the United States over the vessels registered in or flying the flag of that state and persons on board such vessels in accordance with the provisions of paragraph (1) of this subsection, while the vessel is located within the safety zone, or (ii) the foreign state has not objected to the application of the jurisdiction of the United States to any vessel, or persons on board such vessel, while the vessel is located within the safety zone; and (B) the vessel owner or operator has des- ignated an agent in the United States for re- ceipt of service of process in the event of any claim or legal proceeding resulting from ac- tivities of the vessel or its personnel while lo- cated within such a safety zone. (3) For purposes of paragraph (2)(A)(ii) of this subsection, a licensee shall not be obliged to prohibit a call at or use of a deepwater port by a vessel registered in or flying the flag of an ob- jecting state unless the licensee has been in- formed by the Secretary of State as required by subsection (a)(3) of this section. (d) Customs laws inapplicable to deepwater port; duties and taxes on foreign articles imported into customs territory of United States The customs laws administered by the Sec- retary of the Treasury shall not apply to any deepwater port licensed under this chapter, but all foreign articles to be used in the construc- tion of any such deepwater port, including any component thereof, shall first be made subject to all applicable duties and taxes which would be imposed upon or by reason of their importa- tion if they were imported for consumption in the United States. Duties and taxes shall be paid thereon in accordance with laws applicable to merchandise imported into the customs terri- tory of the United States. (e) Federal district courts; original jurisdiction; venue The United States district courts shall have original jurisdiction of cases and controversies arising out of or in connection with the con- struction and operation of deepwater ports, and proceedings with respect to any such case or controversy may be instituted in the judicial district in which any defendant resides or may be found, or in the judicial district of the adja- cent coastal State nearest the place where the cause of action arose. (Pub. L. 93–627, § 19(a)–(e), Jan. 3, 1975, 88 Stat. 2145, 2146; Pub. L. 98–419, § 5(a), (b), Sept. 25, 1984, 98 Stat. 1609.) Editorial Notes CODIFICATION Section 19(f) of Pub. L. 93–627 amended section 1333(a)(2) of Title 43, Public Lands. AMENDMENTS 1984—Subsec. (a)(3). Pub. L. 98–419, § 5(a), added par. (3). Subsec. (c)(1). Pub. L. 98–419, § 5(b), added par. (1). Former cl. (1) redesignated cl. (A)(i) of par. (2). Subsec. (c)(2). Pub. L. 98–419, § 5(b), redesignated ex- isting provisions of subsec. (c) as par. (2)(A)(i) and (B) thereof, substituted reference to provisions of par. (1) for former reference to provisions of this chapter in par. (2)(A)(i) as so redesignated, and added par. (2)(A)(ii). Subsec. (c)(3). Pub. L. 98–419, § 5(b), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–419, § 5(c), Sept. 25, 1984, 98 Stat. 1610, pro- vided that: ‘‘The amendment made by subsection (b) of this section [amending this section] shall be effective on the ninetieth day following the date of enactment of this Act [Sept. 25, 1984]. The Secretary of State shall make the first series of notifications referred to in sec- tion 19(a)(3) of the Deepwater Port Act of 1974 [subsec. (a)(3) of this section], as added by subsection (a) of this section, prior to the thirtieth day following the date of enactment of this Act [Sept. 25, 1984].’’ § 1519. Repealed. Pub. L. 104–66, title I, § 1121(a), Dec. 21, 1995, 109 Stat. 724 Section, Pub. L. 93–627, § 20, Jan. 3, 1975, 88 Stat. 2146, related to annual report and recommendations by Sec- retary of Transportation to Congress. § 1520. Pipeline safety and operation (a) Standards and regulations for Outer Conti- nental Shelf The Secretary, in cooperation with the Sec- retary of the Interior, shall establish and en- force such standards and regulations as may be necessary to assure the safe construction and operation of oil or natural gas pipelines on the Outer Continental Shelf. (b), (c) Omitted (Pub. L. 93–627, § 21, Jan. 3, 1975, 88 Stat. 2146; Pub. L. 107–295, title I, § 106(a)(3), Nov. 25, 2002, 116 Stat. 2086.) Editorial Notes CODIFICATION Subsec. (b) directed the Secretary to report to the Congress within 60 days after Jan. 3, 1975, on appropria- tions and staffing needed to monitor pipelines on Fed- eral lands and the Outer Continental Shelf. Subsec. (c) directed the Secretary to review all laws and regulations relating to the construction, operation, and maintenance of pipelines on Federal lands and the Outer Continental Shelf and to report to Congress