§ 1843. Duties and powers of Secretary

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Outer Continental Shelf Lands Act Amendments of 1978

   Pub. L. 95–372 title IV § 403 · 92 Stat. 629

   Enacted · 43 U.S.C. § 1843

   Pub. L. 95–372, title IV, § 403, Sept. 18, 1978, 92 Stat. 687

   Source evidence

   Code source credit
   Pub. L. 95–372, title IV, § 403, Sept. 18, 1978, 92 Stat. 687

   Enacted provision · exact public law section
   Sec. 403. duties and powers (a) In carrying out the provisions of this title, the Secretary 43 USC 1843. shall— (1) prescribe, and from time to time amend, regulations for the Regulations. filing, processing, and fair and expeditious settlement of claims pursuant to this title, including a time limitation on the filing of such claims; and (2) identify and classify all potential hazards to commercial fishing caused by Outer Continental Shelf oil and gas exploration, development, and production activities, including all obstructions on the bottom, throughout the water column, and on the surface. (b) The Secretary of the Interior shall establish regulations requiring Regulations. all materials, equipment, tools, containers, and all other items used on the Outer Continental Shelf to be properly color coded, stamped, or labeled, wherever practicable, with the owner’s identification prior to actual use. (c) (1) Payments shall be disbursed by the Secretary from the appropriate area account to compensate commercial fishermen for actual and consequential damages, including loss of profits, due to damages to, or loss of, fishing gear by materials, equipment, tools, containers, or other items associated with oil and gas exploration, development, or production activities in such area, whether or not such damage occurred in such area. (2) Notwithstanding the provisions of paragraph (1) of this subsection, no payment may be made by the Secretary from any area account established under this title— (A) when the damage set forth in a claim was caused by materials, equipment, tools, containers, or other items attributable to a financially responsible party; (B) to the extent that damages were caused by the negligence or fault of the commercial fisherman making the claim; (C) if the damage set forth in the claim was sustained prior to the date of enactment of this title; (D) 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; (E) in the case of a claim for loss of profits (i) for any period in excess of 6 months, and (ii) unless such claim is supported by records with respect to the claimant’s profits during the previous 12-month period; and (F) for any portion of the damages claimed with respect to which the claimant has or will receive compensation from insurance.

2. 1980

   American Fisheries Promotion Act

   Pub. L. 96–561 title II § 240(b)(2) · 94 Stat. 3275

   Inserted · 43 U.S.C. § 1843(c)(2)(A)

   Pub. L. 96–561 inserted reference to party admitting responsibility

   Source evidence

   Code amendment note
   Subsec. (c)(2)(A). Pub. L. 96–561 inserted reference to party admitting responsibility.

   Enacted provision · exact public law section
   (2) Section 403(c)(2)(A) of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1843(c)(2)(A)) is amended by striking out the semicolon at the end thereof and inserting in lieu thereof “and the party admits responsibility;”.

3. 1982

   Pub. L. 97–212 § 7 · 96 Stat. 143

   Substituted · 43 U.S.C. § 1843(a)(1)

   Pub. L. 97–212, § 7, substituted “claims (except that, notwithstanding any other provision 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”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 97–212, § 7, substituted “claims (except that, notwithstanding any other provision 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”.

   Enacted provision · exact public law section
   SEC. 7. REGULATIONS IMPLEMENTING THIS ACT. Section 403(a)(1) of the Outer Continental Shelf Lands Act Amendments Publication in Federal Register. of 1978 (43 U.S.C. 1843(a)(1)) is amended by striking out “claims; and” and inserting in lieu thereof “claims (except that, notwithstanding any other provision of law, final regulations implementing the 1981 amendments to this title shall be published in the Federal Register within 120 days after the date of the enactment of such amendments); and”.

   Effective date note
   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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

4. 1982

   Pub. L. 97–212 § 3(1) · 96 Stat. 143

   1. Substituted · 43 U.S.C. § 1843(c)(1)

      Pub. L. 97–212, § 3(1), substituted “Fund” for “appropriate area account”

   2. Substituted · 43 U.S.C. § 1843(c)(1)

      Pub. L. 97–212, § 3(1), substituted “resulting economic loss” for “loss of profits”

   3. Inserted · 43 U.S.C. § 1843(c)(1)

      Pub. L. 97–212, § 3(1), inserted “Outer Continental Shelf” after “items associated with”

   4. Struck · 43 U.S.C. § 1843(c)(1)

      Pub. L. 97–212, § 3(1), struck out “in such area, whether or not such damage occurred in such area” after “production activities”

   5. Inserted · 43 U.S.C. § 1843(c)(1)

      Pub. L. 97–212, § 3(1), inserted provisions that compensation payable under this section for resulting economic loss be an amount equal to 25 per centum of such loss and provision defining “resulting economic loss” for purposes of subsec. (c)

   Source evidence

   Code amendment note
   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 provision defining “resulting economic loss” for purposes of subsec. (c).

   Enacted provision · exact public law section
   (1) Paragraph (1) is amended to read as follows: “(c) (1) Payments shall be disbursed by the Secretary from the Fund to compensate commercial fishermen for actual and consequential damages, including resulting economic loss, due to damages to, or loss of, fishing gear by materials, equipment, tools, containers, or other items associated with Outer Continental Shelf oil and gas exploration, development, or production activities. The compensation payable under this section for resulting economic loss shall be an amount equal to 25 per centum of such loss. For purposes of this subsection, the term ‘resulting economic loss’ means the gross “Resulting economic loss.” income, as estimated by the Secretary, that a commercial fisherman 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 damaged or lost fishing gear concerned is repaired or replaced and available for use.”.

   Effective date note
   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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

5. 1982

   Pub. L. 97–212 § 3(2) · 96 Stat. 143

   1. Substituted · 43 U.S.C. § 1843(c)(2)

      Pub. L. 97–212, § 3(2), substituted “the Fund” for “any area account established under this subchapter” in provisions preceding subpar. (A)

   2. Struck · 43 U.S.C. § 1843(c)(2)

      Pub. L. 97–212, § 3(2), struck out subpars. (A) and (E) which related, respectively, to damage caused by materials, equipment, tools, containers, or other items attributable to a financially responsible 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 previous 12-month period

   3. Redesignated · 43 U.S.C. § 1843(c)(2)

      Pub. L. 97–212, § 3(2), redesignated subpars. (B), (C), and (D) as (A), (B), and (C) respectively

   4. Redesignated · 43 U.S.C. § 1843(c)(2)

      Pub. L. 97–212, § 3(2), redesignated subpar. (F) as (D), and in subpar. (D) as so redesignated

   5. Substituted · 43 U.S.C. § 1843(c)(2)

      Pub. L. 97–212, § 3(2), substituted “received, or will receive,” for “or will receive”

   Source evidence

   Code amendment note
   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, containers, or other items attributable to a financially responsible 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 previous 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 receive”.

   Enacted provision · exact public law section
   (2) Paragraph (2) is amended— (A) by striking out “any area account established under this title—” and inserting in lieu thereof “the Fund—”, (B) by striking out subparagraphs (A) and (E), (C) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively, (D) by inserting “and” after the semicolon in subparagraph (C) (as so redesignated), (E) by redesignating subparagraph (F) as subparagraph (D), and (F) by striking out “or will receive” in subparagraph (D) (as so redesignated) and inserting in lieu thereof “received, or will receive,”.

   Effective date note
   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 previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.

6. 1984

   Pub. L. 98–498 title IV § 420(1) · 98 Stat. 2296

   Substituted · 43 U.S.C. § 1843(a)(1)

   Pub. L. 98–498 substituted “limitation of not less than 90 days on” for “limitation on”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 98–498 substituted “limitation of not less than 90 days on” for “limitation on”.

   Enacted provision · exact public law section
   (1) by striking in section 403(a)(1) “limitation on” and substituting 43 USC 1843. “limitation of not less than 90 days on”;

7. 1984

   Pub. L. 98–498 title IV § 420(1) · 98 Stat. 2296

   Substituted · 43 U.S.C. § 1843(c)(1)

   Pub. L. 98–498 substituted “50 percent” for “25 per centum”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 98–498 substituted “50 percent” for “25 per centum”.

   Enacted provision · exact public law section
   (1) by striking in section 403(a)(1) “limitation on” and substituting 43 USC 1843. “limitation of not less than 90 days on”;

15 of 15 references resolved to an enrolled provision