§ 1843. — Duties and powers of Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1843]
TITLE 43--PUBLIC LANDS
CHAPTER 36--OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
SUBCHAPTER II--FISHERMEN'S CONTINGENCY FUND
Sec. 1843. Duties and powers of Secretary
(a) Prescription and amendment of regulations respecting settlement of
claims; identification classification of potential hazards to
commercial fishing
In carrying out the provisions of this subchapter, 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
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
(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) 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 practicable, 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 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 50
per centum of such loss. For purposes of this subsection, the term
``resulting economic loss'' means the gross 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.
(2) Notwithstanding the provisions of paragraph (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 received, or will receive, compensation from
insurance.
(Pub. L. 95-372, title IV, Sec. 403, Sept. 18, 1978, 92 Stat. 687; Pub.
L. 96-561, title II, Sec. 240(b)(2), Dec. 22, 1980, 94 Stat. 3301; Pub.
L. 97-212, Secs. 3, 7, June 30, 1982, 96 Stat. 144, 147; Pub. L. 98-498,
title IV, Sec. 420(1), (2), Oct. 19, 1984, 98 Stat. 2309.)
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 section 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 enactment of Pub. L. 97-212, which
was approved June 30, 1962.
Amendments
1984--Subsec. (a)(1). Pub. L. 98-498 substituted ``limitation 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, Sec. 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''.
Subsec. (c)(1). Pub. L. 97-212, Sec. 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).
Subsec. (c)(2). Pub. L. 97-212, Sec. 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''.
1980--Subsec. (c)(2)(A). Pub. L. 96-561 inserted reference to party
admitting responsibility.
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
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.
Section Referred to in Other Sections
This section is referred to in section 1845 of this title.
