43 U.S.C. § 1843 — Duties and powers of Secretary

Page 602 TITLE 43—PUBLIC LANDS § 1843 (B) any claim, in accordance with procedures established under this section, for damages that are compensable under this subchapter; and (C) attorney and other fees awarded under section 1845(e) of this title with respect to any such claim. (3) Sums in the Fund that are not currently needed for the purposes of the Fund shall be kept on deposit in appropriate interest-bearing accounts that shall be established by the Sec- retary of the Treasury or invested in obligations of, or guaranteed by, the United States. Any revenue accruing from such deposits and invest- ments shall be deposited into the Fund. (4) The Fund may sue and be sued in its own name. All litigation by or against the Fund shall be referred to the Attorney General. (b) Payments by each holder of lease, permit, easement, or right-of-way (1) Except as provided in paragraph (2), each holder of a lease that is issued or maintained under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] and each holder of an explo- ration permit, or an easement or right-of-way for the construction of a pipeline in any area of the Outer Continental Shelf, shall pay an amount specified by the Secretary. The Sec- retary of the Interior shall collect such amount and deposit it into the Fund. In any calendar year, no holder of a lease, permit, easement, or right-of-way shall be required to pay an amount in excess of $5,000 per lease, permit, easement, or right-of-way. (2) Payments may not be required under para- graph (1) by the Secretary of the Interior with respect to geological permits and geophysical permits, other than prelease exploratory drilling permits issued under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340). (Pub. L. 95–372, title IV, § 402, Sept. 18, 1978, 92 Stat. 686; Pub. L. 97–212, § 2, June 30, 1982, 96 Stat. 143.) Editorial Notes REFERENCES IN TEXT The Outer Continental Shelf Lands Act, referred to in subsec. (b)(1), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. AMENDMENTS 1982—Subsec. (a). Pub. L. 97–212 redesignated subsec. (a) as subsec. (a)(1) and substituted provisions relating to the source of funds, that the total amount of the Fund would not exceed $2,000,000, that the total amount in the Fund which is attributable to revenue received under par. (3) as amended or recovered by the Secretary under section 1845(h)(2) of this title be expended prior to amounts collected under subsec. (b) as amended, and that not more than 8 percent of the total amount in the Fund be expended in any fiscal year for the paying of administrative and personnel expenses, for provisions that the amounts paid pursuant to former subsecs. (c) and (d) of this section be deposited in the Fund, and that the total amount in the Fund not exceed $1,000,000, redesignated as subsec. (a)(2) former subsec. (e), and struck out provision that the amounts disbursed for ad- ministrative or personnel expenses not exceed 15 per- cent of the amounts deposited in a revolving account for that fiscal year, added as subsec. (a)(3) provisions that the sums of the Fund be kept on deposit in inter- est-bearing accounts, and added as subsec. (a)(4) provi- sion that all litigation be referred to the Attorney Gen- eral. Subsec. (b). Pub. L. 97–212 redesignated as subsec. (b)(1) provisions of former subsec. (c) and added as sub- sec. (b)(2) provision that payments not be required under par. (1) by the Secretary of the Interior with re- spect to geological and geophysical permits other than prelease exploratory drilling permits issued under sec- tion 1340 of this title. Former subsec. (b) relating to the establishment and maintenance of an area account within the Fund was struck out. Subsec. (c). Pub. L. 97–212 redesignated subsec. (c) as (b)(1). Subsec. (d). Pub. L. 97–212 struck out subsec. (d) which related to level of area account funds. Subsec. (e). Pub. L. 97–212 redesignated subsec. (e) as (a)(2). 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. § 1843. Duties and powers of Secretary (a) Prescription and amendment of regulations respecting settlement of claims; identifica- tion classification of potential hazards to commercial fishing In carrying out the provisions of this sub- chapter, 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 imple- menting the 1981 amendments to this sub- chapter shall be published in the Federal Reg- ister within 120 days after the date of the en- actment of such amendments); and (2) identify and classify all potential hazards to commercial fishing caused by Outer Conti- nental Shelf oil and gas exploration, develop- ment, 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 prac- ticable, 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 Sec- retary from the Fund to compensate commercial fishermen for actual and consequential damages, Page 603 TITLE 43—PUBLIC LANDS § 1844 including resulting economic loss, due to dam- ages to, or loss of, fishing gear by materials, equipment, tools, containers, or other items as- sociated with Outer Continental Shelf oil and gas exploration, development, or production ac- tivities. 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 esti- mated by the Secretary, that a commercial fish- erman 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 dam- aged or lost fishing gear concerned is repaired or replaced and available for use. (2) Notwithstanding the provisions of para- graph (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 re- ceived, or will receive, compensation from in- surance. (Pub. L. 95–372, title IV, § 403, Sept. 18, 1978, 92 Stat. 687; Pub. L. 96–561, title II, § 240(b)(2), Dec. 22, 1980, 94 Stat. 3301; Pub. L. 97–212, §§ 3, 7, June 30, 1982, 96 Stat. 144, 147; Pub. L. 98–498, title IV, § 420(1), (2), Oct. 19, 1984, 98 Stat. 2309.) Editorial Notes REFERENCES IN TEXT The 1981 amendments to this subchapter, referred to in subsec. (a)(1), probably means the amendments made to this subchapter in 1982 by Pub. L. 97–212, which amended sections 1841 to 1845 of this title, repealed sec- tion 1847 of this title, and enacted a provision set out as a note under section 1841 of this title. Pub. L. 97–212 also enacted a provision set out as a note under section 1823 of Title 16, Conservation, and amended a provision set out as a note under section 1823 of Title 16. The date of enactment of such amendments, referred to in subsec. (a)(1), probably means the date of enact- ment of Pub. L. 97–212, which was approved June 30, 1962. AMENDMENTS 1984—Subsec. (a)(1). Pub. L. 98–498 substituted ‘‘limi- tation of not less than 90 days on’’ for ‘‘limitation on’’. Subsec. (c)(1). Pub. L. 98–498 substituted ‘‘50 percent’’ for ‘‘25 per centum’’. 1982—Subsec. (a)(1). Pub. L. 97–212, § 7, substituted ‘‘claims (except that, notwithstanding any other provi- sion 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’’ for ‘‘claims; and’’. Subsec. (c)(1). Pub. L. 97–212, § 3(1), substituted ‘‘Fund’’ for ‘‘appropriate area account’’ and ‘‘resulting economic loss’’ for ‘‘loss of profits’’, inserted ‘‘Outer Continental Shelf’’ after ‘‘items associated with’’, struck out ‘‘in such area, whether or not such damage occurred in such area’’ after ‘‘production activities’’, and inserted provisions that compensation payable under this section for resulting economic loss be an amount equal to 25 per centum of such loss and provi- sion defining ‘‘resulting economic loss’’ for purposes of subsec. (c). Subsec. (c)(2). Pub. L. 97–212, § 3(2), substituted ‘‘the Fund’’ for ‘‘any area account established under this subchapter’’ in provisions preceding subpar. (A), struck out subpars. (A) and (E) which related, respectively, to damage caused by materials, equipment, tools, con- tainers, or other items attributable to a financially re- sponsible party and the party admitted responsibility and to loss of profits for any period in excess of 6 months unless such claim was supported by records with respect to the claimant’s profits during the pre- vious 12-month period, redesignated subpars. (B), (C), and (D) as (A), (B), and (C) respectively, redesignated subpar. (F) as (D), and in subpar. (D) as so redesignated, substituted ‘‘received, or will receive,’’ for ‘‘or will re- ceive’’. 1980—Subsec. (c)(2)(A). Pub. L. 96–561 inserted ref- erence to party admitting responsibility. 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. § 1844. Burden of proof With respect to any claim for damages filed under this subchapter, there shall be a presump- tion that such damages were due to activities related to oil and gas exploration, development, or production if the claimant establishes that— (1) the commercial fishing vessel was being used for fishing and was located in an area af- fected by Outer Continental Shelf activities; (2) a report on the location of the material, equipment, tool, container, or other item which caused such damages and the nature of such damages was made within fifteen days after the date on which the vessel first returns to a port after discovering such damages; (3) there was no record on the latest nautical charts or Notice to Mariners in effect at least 15 days prior to the date such damages were sustained that such material, equipment, tool, container, or other item existed where such damages occurred, except that in the case of damages caused by a pipeline, the presumption established by this section shall obtain wheth- er or not there was any such record of the pipeline on the damage date; and (4) there was no proper surface marker or lighted buoy which was attached or closely an- chored to such material, equipment, tool, con- tainer, or other item. (Pub. L. 95–372, title IV, § 404, Sept. 18, 1978, 92 Stat. 688; Pub. L. 97–212, § 4, June 30, 1982, 96 Stat. 145.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–212, § 4(1), substituted ‘‘under this subchapter’’ for ‘‘pursuant to this subchapter’’ and ‘‘damages were due to activities related to oil and gas exploration, development, or production’’ for ‘‘claim is valid’’ in provisions preceding par. (1).