§1843 — Title 43 Public Lands | U.S. Code

Summary

The Secretary must write and update rules for filing, handling, and quickly settling claims. Claims must be allowed for at least 90 days. Final rules for the 1981 amendments had to be published in the Federal Register within 120 days after those amendments became law. The Secretary must also identify dangers to commercial fishing from offshore oil and gas work (on the seafloor, through the water, and on the surface) and require that items used on the Outer Continental Shelf be labeled, stamped, or color‑coded with the owner’s ID when practical. The Secretary can pay from the Fund to compensate commercial fishermen for damage or loss of gear caused by those offshore activities and for related losses. Payments for lost income equal 50% of the estimated gross income lost while gear is being repaired or replaced. No payment is allowed if the fisherman was at fault, if the damage happened before September 18, 1978, if the claim is more than the gear’s replacement value, or for amounts already covered by insurance.

Title 43, §1843

Public Lands — Source: USLM XML via OLRC

(a)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)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)(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.

Notes & Related Subsidiaries

Editorial Notes

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, § 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, § 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, § 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1982 AmendmentAmendment 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.

§1843 Duties and powers of Secretary

Summary

Title 43, §1843

Notes & Related Subsidiaries

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Regulations

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Statutory Notes and Related Subsidiaries

Effective Date

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