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33 U.S.C. § 1953 — Coast Guard program

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1953 — Coast Guard program

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)

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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.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1901 — Definitions

**(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

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1901 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1905 — Pollution reception facilities

**(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

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1905 — Pollution reception facilities

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

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1953 — NOAA Marine Debris Program

**(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

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