16 USC 1824. or indirectly, or attempt to so transfer, any United States harvested fish to any foreign fishing vessel, while such foreign vessel is within the fishery conservation zone, unless the foreign fishing vessel has been issued a permit under section 204 which authorizes the receipt by such vessel of United States harvested fish of the species concerned.". Approved August 28, 1978. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95–1334 accompanying H.R. 13340 and No. 95-1024 (Comm. SENATE REPORTS: No. 95-935 accompanying S. 3050 and No. 95-815 (Comm. on Apr. 10, considered and passed House. June 14, considered and passed Senate, amended. July 11, H.R. 13340 considered and passed House; passage vacated; House agreed to Senate amendments of H.R. 10732 with an amendment. Aug. 4, Senate concurred in House amendment with an amendment. Aug. 10, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 35: Public Law 95-372 95th Congress An Act To establish a policy for the management of oil and natural gas in the Outer Continental Shelf; to protect the marine and coastal environment; to amend the Outer Continental Shelf Lands Act; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Outer Continental Shelf Lands Act Amendments of 1978". TABLE OF CONTENTS TITLE I-FINDINGS AND PURPOSES WITH RESPECT TO MANAGING Sec. 101. Findings. Sec. 102. Purposes. TITLE II-AMENDMENTS TO THE OUTER CONTINENTAL Sec. 201. Definitions. Sec. 202. National policy for the Outer Continental Shelf. Sec. 203. Laws applicable to the Outer Continental Shelf. Sec. 204. Outer Continental Shelf exploration and development administration: Sec. 206. Outer Continental Shelf oil and gas exploration. Sec. 207. Annual report. Sec. 208. New sections of the Outer Continental Shelf Lands Act. "Sec. 18. Outer Continental Shelf leasing program. "Sec. 19. Coordination and consultation with affected States and local governments. "Sec. 20. Environmental studies. "Sec. 21. Safety regulations. "Sec. 22. Enforcement. "Sec. 23. Citizen suits, court jurisdiction, and judicial review. "Sec. 24. Remedies and penalties. "Sec. 25. Oil and gas development and production. "Sec. 26. Outer Continental Shelf oil and gas information program. "Sec. 27. Federal purchase and disposition of oil and gas. "Sec. 28. Limitation on export. "Sec. 29. Restrictions on employment. "Sec. 30. Documentation, registry, and manning requirements.". TITLE III OFFSHORE OIL SPILL POLLUTION FUND Sec. 301. Definitions. Sec. 302. Fund establishment, administration, and financing. Sec. 304. Liability. Sec. 305. Financial responsibility. Sec. 306. Notification, designation, and advertisement. Sec. 307. Claims settlement. Sec. 308. Subrogation. Sec. 309. Jurisdiction and venue. Sec. 310. Relationship to other law. Sec. 311. Prohibition. Sec. 312. Penalties. Sec. 313. Authorization of appropriation. Sec. 314. Annual report. Sec. 315. Effective dates. Sept. 18, 1978 [S. 9] Outer 43 USC 1801 43 USC 1801. TITLE IV-FISHERMEN'S CONTINGENCY FUND Sec. 401. Definitions. Sec. 402. Establishment of the Fishermen's Contingency Fund; fee collection. Sec. 404. Burden of proof. Sec. 407. Survey of obstructions on the Outer Continental Shelf. TITLE V-AMENDMENTS TO THE COASTAL ZONE MANAGEMENT Sec. 501. Coastal energy impact program. Sec. 504. State management program. TITLE VI-MISCELLANEOUS PROVISIONS Sec. 601. Review of shut-in or flaring wells. Sec. 602. Review and revision of royalty payments. Sec. 603. Natural gas distribution. Sec. 604. Antidiscrimination provisions. Sec. 605. Sunshine in Government. Sec. 606. Investigation of availability of oil and natural gas from the Outer Sec. 607. Recommendations for training program, Sec. 608. Relationship to existing law. TITLE I-FINDINGS AND PURPOSES WITH RESPECT TO FINDINGS SEC. 101. The Congress finds and declares that (1) the demand for energy in the United States is increasing and will continue to increase for the foreseeable future; (2) domestic production of oil and gas has declined in recent years; (3) the United States has become increasingly dependent upon imports of oil from foreign nations to meet domestic energy demand; (4) increasing reliance on imported oil is not inevitable, but is rather subject to significant reduction by increasing the development of domestic sources of energy supply; (5) consumption of natural gas in the United States has greatly exceeded additions to domestic reserves in recent years; (6) technology is or can be made available which will allow significantly increased domestic production of oil and gas without undue harm or damage to the environment; (7) the Outer Continental Shelf contains significant quantities of oil and natural gas and is a vital national resource reserve which must be carefully managed so as to realize fair value, to preserve and maintain competition, and to reflect the public interest; (8) there presently exists a variety of technological, economic, environmental, administrative, and legal problems which tend to retard the development of the oil and natural gas reserves of the Outer Continental Shelf; (9) environmental and safety regulations relating to activities on the Outer Continental Shelf should be reviewed in light of current technology and information; (10) the development, processing, and distribution of the oil and gas resources of the Outer Continental Shelf, and the siting of related energy facilities, may cause adverse impacts on various States and local governments; (11) policies, plans, and programs developed by States and local governments in response to activities on the Outer Continental Shelf cannot anticipate and ameliorate such adverse impacts unless such States, working in close cooperation with affected local governments, are provided with timely access to information regarding activities on the Outer Continental Shelf and an opportunity to review and comment on decisions relating to such activities; (12) funds must be made available to pay for the prompt removal of any oil spilled or discharged as a result of activities on the Outer Continental Shelf and for any damages to public or private interests caused by such spills or discharges; (13) because of the possible conflicts between exploitation of the oil and gas resources in the Outer Continental Shelf and other uses of the marine environment, including fish and shellfish growth and recovery, and recreational activity, the Federal Government must assume responsibility for the minimization or elimination of any conflict associated with such exploitation; (14) the oil and gas resources of the Outer Continental Shelf are limited, nonrenewable resources which must be developed in a manner which takes into consideration the Nation's long-range energy needs and also assures adequate protection of the renewable resources of the Outer Continental Shelf which are a continuing and increasingly important source of food and protein to the Nation and the world; and (15) funds must be made available to pay for damage to commercial fishing vessels and gear resulting from activities involving oil and gas exploration, development, and production on the Outer Continental Shelf. PURPOSES SEC. 102. The purposes of this Act are to (1) establish policies and procedures for managing the oil and natural gas resources of the Outer Continental Shelf which are intended to result in expedited exploration and development of the Outer Continental Shelf in order to achieve national economic and energy policy goals, assure national security, reduce dependence on foreign sources, and maintain a favorable balance of payments in world trade; (2) preserve, protect, and develop oil and natural gas resources in the Outer Continental Shelf in a manner which is consistent with the need (A) to make such resources available to meet the Nation's energy needs as rapidly as possible, (B) to balance orderly energy resource development with protection of the human, marine, and coastal environments, (C) to insure the public a fair and equitable return on the resources of the Outer Continental Shelf, and (D) to preserve and maintain free enterprise competition; (3) encourage development of new and improved technology for energy resource production which will eliminate or minimize risk of damage to the human, marine, and coastal environments; (4) provide States, and through States, local governments, which are impacted by Outer Continental Shelf oil and gas explo 43 USC 1802. 43 USC 1337, 1335. ration, development, and production with comprehensive assistance in order to anticipate and plan for such impact, and thereby to assure adequate protection of the human environment; (5) assure that States, and through States, local governments, have timely access to information regarding activities on the Outer Continental Shelf, and opportunity to review and comment on decisions relating to such activities, in order to anticipate, ameliorate, and plan for the impacts of such activities; (6) assure that States, and through States, local governments, which are directly affected by exploration, development, and production of oil and natural gas are provided an opportunity to participate in policy and planning decisions relating to management of the resources of the Outer Continental Shelf; (7) minimize or eliminate conflicts between the exploration, development, and production of oil and natural gas, and the recovery of other resources such as fish and shellfish; (8) establish an oilspill liability fund to pay for the prompt removal of any oil spilled or discharged as a result of activities on the Outer Continental Shelf and for any damages to public or private interests caused by such spills or discharges; (9) insure that the extent of oil and natural gas resources of the Outer Continental Shelf is assessed at the earliest practicable time; and (10) establish a fishermen's contingency fund to pay for damages to commercial fishing vessels and gear due to Outer Continental Shelf activities. TITLE II-AMENDMENTS TO THE OUTER CONTINENTAL DEFINITIONS SEO. 201. (a) Paragraphs (b) and (c) of section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 (b) and (c)) are amended to read as follows: "(b) The term 'Secretary' means the Secretary of the Interior, except that with respect to functions under this Act transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), the term 'Secretary' means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be; "(c) The term 'lease' means any form of authorization which is issued under section 8 or maintained under section 6 of this Act and which authorizes exploration for, and development and production of, minerals;". (b) Such section is further amended— (1) in paragraph (d), by striking out the period and inserting in lieu thereof a semicolon; and (2) by adding at the end thereof the following new paragraphs: "(e) The term 'coastal zone' means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal States, and includes islands, transition and intertidal areas, salt marshes, wetlands, and beaches, which zone extends seaward to the outer limit of the United States territorial sea and extends inland from the shore |