33 U.S.C. § 1482 — Consultation for nomination and nomina-

Page 629 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1482 United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the Dis- trict of Hawaii and the District Court of Guam. (c) Burden of proof With respect to intervention for a substance identified pursuant to section 1473(a) of this title, the United States has the burden of estab- lishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol. (Pub. L. 93–248, § 10, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95–302, § 1(4), June 26, 1978, 92 Stat. 345; Pub. L. 97–164, title I, § 161(6), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes AMENDMENTS 1992—Subsec. (b). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Subsec. (b). Pub. L. 97–164 substituted ‘‘Claims Court’’ for ‘‘Court of Claims’’. 1978—Subsec. (c). Pub. L. 95–302 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. EFFECTIVE DATE OF 1978 AMENDMENT For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1480. Notification by Secretary of State The Secretary of State shall notify without delay foreign states concerned, the Secretary- General of the Inter-Governmental Maritime Consultative Organization, and persons affected by measures taken under this chapter. (Pub. L. 93–248, § 11, Feb. 5, 1974, 88 Stat. 10.) § 1481. Violations; penalties (a) A person commits a class A misdemeanor if that person— (1) willfully violates a provision of this chap- ter or a regulation issued thereunder; or (2) willfully refuses or fails to comply with any lawful order or direction given pursuant to this chapter; or (3) willfully obstructs any person who is act- ing in compliance with an order or direction under this chapter. (b) In a criminal proceeding for an offense under paragraph (1) or (2) of subsection (a) of this section it shall be a defense for the accused to prove that he used all due diligence to comply with any order or direction that he had reason- able cause to believe that compliance would have resulted in serious risk to human life. (Pub. L. 93–248, § 12, Feb. 5, 1974, 88 Stat. 10; Pub. L. 101–380, title IV, § 4302(l), Aug. 18, 1990, 104 Stat. 539.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–380 substituted ‘‘A per- son commits a class A misdemeanor if that person’’ for ‘‘Any person who’’ in introductory provisions and struck out ‘‘, shall be fined not more than $10,000 or im- prisoned not more than one year, or both’’ after ‘‘under this chapter’’ in par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–380 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. § 1482. Consultation for nomination and nomina- tion of experts, negotiators, etc.; proposal of amendments to list of substances other than convention oil; Presidential acceptance of amendments (a) Nomination of experts and proposal of amendments to list of substances The Secretary, in consultation with the Sec- retary of State and the Administrator of the En- vironmental Protection Agency, may nominate individuals to the list of experts provided for in article III of the convention and article II of the protocol and may propose amendments to the list of substances other than convention oil in accordance with article III of the protocol. (b) Consultations for designation or nomination of negotiators, etc., provided for by conven- tion and protocol The Secretary of State, in consultation with the Secretary, shall designate or nominate, as appropriate and necessary, the negotiators, con- ciliators, or arbitrators provided for by the con- vention and the protocol. (c) Presidential acceptance of amendments to list of substances other than convention oil in accordance with protocol The President may accept amendments to the list of substances other than convention oil in accordance with article III of the protocol. (Pub. L. 93–248, § 13, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95–302, § 1(5), June 26, 1978, 92 Stat. 345.) Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–302, § 1(5)(A), inserted provisions relating to applicability of article II of the Page 630 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1483 protocol and provisions for proposal of amendments to the list of substances other than convention oil. Subsec. (b). Pub. L. 95–302, § 1(5)(B), substituted ‘‘pro- tocol’’ for ‘‘annexes thereto’’. Subsec. (c). Pub. L. 95–302, § 1(5)(C), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title. § 1483. Foreign government ships; immunity No measures may be taken under authority of this chapter against any warship or other ship owned or operated by a country and used, for the time being, only on Government noncommercial service. (Pub. L. 93–248, § 14, Feb. 5, 1974, 88 Stat. 10.) § 1484. Interpretation and administration; other right, duty, privilege, or immunity and other remedy unaffected This chapter shall be interpreted and adminis- tered in a manner consistent with the conven- tion, the protocol, and other international law. Except as specifically provided, nothing in this chapter may be interpreted to prejudice any otherwise applicable right, duty, privilege, or immunity or deprive any country or person of any remedy otherwise applicable. (Pub. L. 93–248, § 15, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95–302, § 1(6), June 26, 1978, 92 Stat. 345.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–302 inserted ‘‘, the protocol,’’ after ‘‘convention’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title. § 1485. Rules and regulations The Secretary may issue reasonable rules and regulations which he considers appropriate and necessary for the effective implementation of this chapter. (Pub. L. 93–248, § 16, Feb. 5, 1974, 88 Stat. 10.) § 1486. Oil Spill Liability Trust Fund The Oil Spill Liability Trust Fund shall be available to the Secretary for actions taken under sections 1474 and 1476 of this title. (Pub. L. 93–248, § 17, Feb. 5, 1974, 88 Stat. 10; Pub. L. 101–380, title II, § 2001, Aug. 18, 1990, 104 Stat. 506.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–380 amended section generally. Prior to amendment, section read as follows: ‘‘The revolving fund established under section 1321(k) of this title shall be available to the Secretary for Federal actions and activities under section 1474 of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–380 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. § 1487. Effective date This chapter shall be effective upon February 5, 1974, or upon the date the convention becomes effective as to the United States, whichever is later. (Pub. L. 93–248, § 18, Feb. 5, 1974, 88 Stat. 10.) Editorial Notes REFERENCES IN TEXT The date the convention became effective as to the United States, referred to in text, is May 6, 1975. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–302, § 2, June 26, 1978, 92 Stat. 345, provided that: ‘‘This Act [amending sections 1471 to 1473, 1479, 1482, and 1484 of this title] shall be effective upon the date of enactment [June 26, 1978], or upon the date the protocol becomes effective as to the United States, whichever is later.’’ [The protocol was adopted by the United States on Sept. 7, 1978, to be effective as to the United States upon its adoption by 15 countries. The protocol became effective as to the United States Mar. 30, 1983. CHAPTER 29—DEEPWATER PORTS Sec. 1501. Congressional declaration of policy. 1502. Definitions. 1503. License for ownership, construction, and op- eration of deepwater port. 1504. Procedure. 1505. Environmental review criteria. 1506. Repealed. 1507. Common carrier status. 1508. Adjacent coastal States. 1509. Marine environmental protection and naviga- tional safety. 1510. International agreements. 1511. Suspension or termination of licenses. 1512. Recordkeeping and inspection. 1513. Public access to information. 1514. Remedies. 1515. Citizen civil action. 1516. Judicial review; persons aggrieved; jurisdic- tion of courts of appeal. 1517, 1517a. Repealed or Omitted. 1518. Relationship to other laws. 1519. Repealed. 1520. Pipeline safety and operation. 1521. Negotiations with Canada and Mexico; report to Congress. 1522. Limitations on export provisions of section 185(u) of title 30 unaffected. 1523. General procedures; issuance and enforce- ment of orders; scope of authority; evi- dentiary matters. 1524. Repealed. § 1501. Congressional declaration of policy (a) PURPOSES.—The purposes of this chapter are— (1) to authorize and regulate the location, ownership, construction, and operation of deepwater ports in waters beyond the terri- torial limits of the United States;