Browse Arkansas Code titles and sections
33 U.S.C. § 1953 — Coast Guard program
Federal law — U.S. Code and appendices · legal_authorities
Page 679
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1954
not include any money paid pursuant to, or
the value of any in-kind service performed
under, any other administrative order or
court order.
(4) Eligibility
Any State, local, or tribal government
whose activities affect research or regulation
of marine debris, and any institution of higher
education, nonprofit organization, or commer-
cial organization with expertise in a field re-
lated to marine debris, is eligible to submit to
the Administrator a marine debris proposal
under the grant program.
(5) Project review and approval
The Administrator shall—
(A) review each marine debris project pro-
posal to determine if it meets the grant cri-
teria and supports the goals of this chapter;
(B) after considering any written com-
ments and recommendations based on the
review, approve or disapprove the proposal;
and
(C) provide notification of that approval or
disapproval to the person who submitted the
proposal.
(6) Project reporting
Each grantee under this section shall pro-
vide periodic reports as required by the Ad-
ministrator. Each report shall include all in-
formation required by the Administrator for
evaluating the progress and success in meet-
ing its stated goals, and impact of the grant
activities on the marine debris problem.
(Pub. L. 109–449, § 3, Dec. 22, 2006, 120 Stat. 3333;
Pub. L. 112–213, title VI, § 604(a)–(c), Dec. 20, 2012,
126 Stat. 1576, 1577; Pub. L. 115–265, title I, § 101,
Oct. 11, 2018, 132 Stat. 3742.)
Editorial Notes
AMENDMENTS
2018—Subsec. (b)(6) to (8). Pub. L. 115–265, § 101(1),
added pars. (6) to (8).
Subsecs. (c), (d). Pub. L. 115–265, § 101(2), (3), added
subsec. (c) and redesignated former subsec. (c) as (d).
Subsec. (d)(2)(A). Pub. L. 115–265, § 101(4)
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1953
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Page 679
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1954
not include any money paid pursuant to, or
the value of any in-kind service performed
under, any other administrative order or
court order.
(4) Eligibility
Any State, local, or tribal government
whose activities affect research or regulation
of marine debris, and any institution of higher
education, nonprofit organization, or commer-
cial organization with expertise in a field re-
lated to marine debris, is eligible to submit to
the Administrator a marine debris proposal
under the grant program.
(5) Project review and approval
The Administrator shall—
(A) review each marine debris project pro-
posal to determine if it meets the grant cri-
teria and supports the goals of this chapter;
(B) after considering any written com-
ments and recommendations based on the
review, approve or disapprove the proposal;
and
(C) provide notification of that approval or
disapproval to the person who submitted the
proposal.
(6) Project reporting
Each grantee under this section shall pro-
vide periodic reports as required by the Ad-
ministrator. Each report shall include all in-
formation required by the Administrator for
evaluating the progress and success in meet-
ing its stated goals, and impact of the grant
activities on the marine debris problem.
(Pub. L. 109–449, § 3, Dec. 22, 2006, 120 Stat. 3333;
Pub. L. 112–213, title VI, § 604(a)–(c), Dec. 20, 2012,
126 Stat. 1576, 1577; Pub. L. 115–265, title I, § 101,
Oct. 11, 2018, 132 Stat. 3742.)
Editorial Notes
AMENDMENTS
2018—Subsec. (b)(6) to (8). Pub. L. 115–265, § 101(1),
added pars. (6) to (8).
Subsecs. (c), (d). Pub. L. 115–265, § 101(2), (3), added
subsec. (c) and redesignated former subsec. (c) as (d).
Subsec. (d)(2)(A). Pub. L. 115–265, § 101(4)(A), sub-
stituted ‘‘subparagraphs (B) and (C)’’ for ‘‘subparagraph
(B)’’.
Subsec. (d)(2)(C). Pub. L. 115–265, § 101(4)(B), added
subpar. (C).
2012—Pub. L. 112–213, § 604(a)(1), struck out ‘‘Preven-
tion and Removal’’ before ‘‘Program’’ in section catch-
line.
Subsec. (a). Pub. L. 112–213, § 604(a)(2), substituted
‘‘Program to identify, determine sources of, assess, pre-
vent, reduce, and remove marine debris and address
the’’ for ‘‘Prevention and Removal Program to reduce
and prevent the occurrence and’’ and ‘‘marine debris on
the economy of the United States, the marine environ-
ment, and’’ for ‘‘marine debris on the marine environ-
ment and’’.
Subsec. (b). Pub. L. 112–213, § 604(b), amended subsec.
(b) generally. Prior to amendment, subsec. (b) described
components of the Marine Debris Prevention and Re-
moval Program.
Subsec. (c)(1). Pub. L. 112–213, § 604(c)(1), substituted
‘‘section 1951’’ for ‘‘section 1951(1)’’.
Subsec. (c)(5) to (7). Pub. L. 112–213, § 604(c)(2), (3), re-
designated pars. (6) and (7) as (5) and (6), respectively,
and struck out former par. (5) which required the Ad-
ministrator to promulgate necessary guidelines for im-
plementation of the grant program within 180 days
after Dec. 22, 2006.
§ 1953. Coast Guard program
The Commandant of the Coast Guard, in con-
sultation with the Interagency Committee,
shall—
(1) take actions to reduce violations of and
improve implementation of MARPOL Annex V
and the Act to Prevent Pollution from Ships
(33 U.S.C. 1901 et seq.) with respect to the dis-
card of plastics and other garbage from ves-
sels;
(2) take actions to cost-effectively monitor
and enforce compliance with MARPOL Annex
V and the Act to Prevent Pollution from Ships
(33 U.S.C. 1901 et seq.), including through co-
operation and coordination with other Federal
and State enforcement programs;
(3) take actions to improve compliance with
requirements under MARPOL Annex V and
section 6 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1905) that all United States
ports and terminals maintain and monitor the
adequacy of receptacles for the disposal of
plastics and other garbage, including through
promoting
voluntary
government-industry
partnerships;
(4) develop and implement a plan, in coordi-
nation with industry and recreational boaters,
to improve ship-board waste management, in-
cluding recordkeeping, and access to waste re-
ception facilities for ship-board waste;
(5) take actions to improve international co-
operation to reduce marine debris; and
(6) establish a voluntary reporting program
for commercial vessel operators and rec-
reational boaters to report incidents of dam-
age to vessels and disruption of navigation
caused by marine debris, and observed viola-
tions of laws and regulations relating to the
disposal of plastics and other marine debris.
(Pub. L. 109–449, § 4, Dec. 22, 2006, 120 Stat. 3335;
Pub. L. 112–213, title VI, § 605, Dec. 20, 2012, 126
Stat. 1578.)
Editorial Notes
REFERENCES IN TEXT
The Act to Prevent Pollution from Ships, referred to
in pars. (1) and (2), is Pub. L. 96–478, Oct. 21, 1980, 94
Stat. 2297, which is classified principally to chapter 33
(§ 1901 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1901 of this title and Tables.
AMENDMENTS
2012—Pub. L. 112–213 struck out subsec. (a) designa-
tion and heading ‘‘Strategy’’ and struck out subsecs.
(b) and (c) which required reports on the Coast Guard’s
progress in implementing former subsec. (a) and on the
effectiveness of international and national measures to
prevent and reduce marine debris and its impact.
§ 1954. Coordination
(a) Establishment of Interagency Marine Debris
Coordinating Committee
There is established an Interagency Marine
Debris Coordinating Committee to coordinate a
comprehensive program of marine debris re-
search and activities among Federal agencies, in
cooperation and coordination with non-govern-
mental organizations, industry, universities,
and research institutions, States, Indian tribes,
and other nations, as appropriate.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Unless the context indicates otherwise, as used in this chapter—
(1) “Administrator” means the Administrator of the Environmental Protection Agency;
(2) “Antarctica” means the area south of 60 degrees south latitude;
(3) “Antarctic Protocol” means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991, in Madrid, and all annexes thereto, and includes any future amendments thereto which have entered into force;
(4) “MARPOL Protocol” means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention;
(5) “Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States;
(6) “discharge”, “emission”, “garbage”, “harmful substance”, and “incident” shall have the meanings provided in the Convention;
(7) “navigable waters” includes the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal waters of the United States;
(8) “owner” means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal;
(9) “operator” means— (a) in the case of a ship, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel, or (b) in the c
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1901
Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 659
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1901
Sec.
1910.
Legal actions.
1911.
Effect on other laws.
1912.
International law.
1913.
Compliance reports.
1914.
Transferred.
1915.
Repealed.
§ 1901. Definitions
(a) Unless the context indicates otherwise, as
used in this chapter—
(1) ‘‘Administrator’’ means the Adminis-
trator of the Environmental Protection Agen-
cy;
(2) ‘‘Antarctica’’ means the area south of 60
degrees south latitude;
(3) ‘‘Antarctic Protocol’’ means the Protocol
on Environmental Protection to the Antarctic
Treaty, signed October 4, 1991, in Madrid, and
all annexes thereto, and includes any future
amendments thereto which have entered into
force;
(4) ‘‘MARPOL Protocol’’ means the Protocol
of 1978 relating to the International Conven-
tion for the Prevention of Pollution from
Ships, 1973, and includes the Convention;
(5) ‘‘Convention’’ means the International
Convention for the Prevention of Pollution
from Ships, 1973, including Protocols I and II
and Annexes I, II, V, and VI thereto, including
any modification or amendments to the Con-
vention, Protocols, or Annexes which have en-
tered into force for the United States;
(6)
‘‘discharge’’,
‘‘emission’’,
‘‘garbage’’,
‘‘harmful substance’’, and ‘‘incident’’ shall
have the meanings provided in the Conven-
tion;
(7) ‘‘navigable waters’’ includes the terri-
torial sea of the United States (as defined in
Presidential Proclamation 5928 of December
27, 1988) and the internal waters of the United
States;
(8) ‘‘owner’’ means any person holding title
to, or in the absence of title, any other indicia
of ownership of, a ship or terminal, but does
not include a person who, without partici-
pating in the management or operation of a
ship or terminal, holds indicia of
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1901
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Adequacy; criteria**
(1) The Secretary, after consultation with the Administrator of the Environmental Protection Agency, shall establish regulations setting criteria for determining the adequacy of a port’s or terminal’s reception facilities for mixtures containing oil or noxious liquid substances and shall establish procedures whereby a person in charge of a port or terminal may request the Secretary to certify that the port’s or terminal’s facilities for receiving the residues and mixtures containing oil or noxious liquid substance from seagoing ships are adequate.
(2) The Secretary, after consulting with appropriate Federal agencies, shall establish regulations setting criteria for determining the adequacy of reception facilities for garbage at a port or terminal, and stating such additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that such facilities are available, for receiving garbage in accordance with those regulations.
(3) The Secretary and the Administrator, after consulting with appropriate Federal agencies, shall jointly prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that reception facilities are available, in accordance with those regulations. The Secretary and the Administrator may jointly prescribe regulations to certify, and may issue certificates to the effect, that a p
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1905
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Federal law — U.S. Code and appendices · legal_authorities
Page 670
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1905
(e) Detention orders; duration of detention; ship-
yard option
In addition to the penalties prescribed in sec-
tion 1908 of this title, a ship required by the
MARPOL Protocol to have a certificate—
(1) which does not have a valid certificate
onboard; or
(2) whose condition or whose equipment’s
condition does not substantially agree with
the particulars of the certificate onboard;
shall be detained by order of the Secretary at
the port or terminal where the violation is dis-
covered until, in the opinion of the Secretary,
the ship can proceed to sea without presenting
an unreasonable threat of harm to the marine
environment or the public health and welfare.
The detention order may authorize the ship to
proceed to the nearest appropriate available
shipyard rather than remaining at the place
where the violation was discovered.
(f) Ship clearance; refusal or revocation
If a ship is under a detention order under this
section, the Secretary may refuse or revoke the
clearance required by section 60105 of title 46.
(g) Review of detention orders; petition; deter-
mination by Secretary
A person whose ship is subject to a detention
order under this section may petition the Sec-
retary, in the manner prescribed by regulation,
to review the detention order. Upon receipt of a
petition under this subsection, the Secretary
shall affirm, modify, or withdraw the detention
order within the time prescribed by regulation.
(h) Compensation for loss or damage
A ship unreasonably detained or delayed by
the Secretary acting under the authority of this
chapter is entitled to compensation for any loss
or damage suffered thereby.
(Pub. L. 96–478, § 5, Oct. 21, 1980, 94 Stat. 2298;
Pub. L. 110–280, § 6, July 2
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Program** There is established, within the National Oceanic and Atmospheric Administration, a Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris on the economy of the United States, the marine environment, and navigation safety.
**(b) Program components** The Under Secretary, acting through the Program and subject to the availability of appropriations, shall—
(1) identify, determine sources of, assess, prevent, reduce, and remove marine debris, with a focus on marine debris posing a threat to living marine resources and navigation safety;
(2) provide national and regional coordination to assist States, Indian tribes, and regional organizations in the identification, determination of sources, assessment, prevention, reduction, and removal of marine debris;
(3) undertake efforts to reduce the adverse impacts of lost and discarded fishing gear on living marine resources and navigation safety, including—
(A) research and development of alternatives to gear posing threats to the marine environment and methods for marking gear used in certain fisheries to enhance the tracking, recovery, and identification of lost and discarded gear; and
(B) the development of effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in gear recovery;
(4) undertake outreach and education activities for the public and other stakeholders on sources of marine debris, threats associated with marine debris, and approaches to identifying, determining sources of, assessing, preventing, reducing, and removing marine debris and its adverse impacts on the United States economy, the marine environm
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1953
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