Collapse to view only § 1461. Prohibited acts
- § 1461. Prohibited acts
- § 1462. Civil penalties
- § 1463. Criminal offenses
- § 1464. Enforcement
- § 1465. Liability of vessels
- § 1466. Civil forfeitures
- § 1467. Jurisdiction of courts
- § 1468. Regulations
- § 1469. Omitted
- § 1470. Authorization of appropriations
- § 1471. Severability
- § 1472. Deep Seabed Revenue Sharing Trust Fund; establishment
- § 1473. Revenue and customs or tariff treatment of deep seabed mining unaffected
§ 1461. Prohibited acts
It is unlawful for any person who is a United States citizen, or a foreign national on board a vessel documented or numbered under the laws of the United States, or subject to the jurisdiction of the United States under a reciprocating state agreement negotiated under section 1428(e) of this title—
(1) to violate any provision of this chapter, any regulation issued under this chapter, or any term, condition, or restriction of any license or permit issued to such person under this chapter;
(2) to engage in exploration or commercial recovery after the revocation, or during the period of suspension, of an applicable license or permit issued under this chapter, to engage in a particular exploration or commercial recovery activity during the period such activity has been suspended under this chapter, or to fail to modify a particular exploration or commercial recovery activity for which modification was required under this chapter;
(3) to refuse to permit any Federal officer or employee authorized to monitor or enforce the provisions of this chapter, as provided in sections 1424 and 1464 of this title, to board a vessel documented or numbered under the laws of the United States, or any vessel for which such boarding is authorized by a treaty or executive agreement, for purposes of conducting any search or inspection in connection with the monitoring or enforcement of this chapter or any regulation, term, condition, or restriction referred to in paragraph (1);
(4) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer or employee in the conduct of any search or inspection described in paragraph (3);
(5) to resist a lawful arrest for any act prohibited by this section;
(6) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of any hard mineral resource recovered, processed, or retained in violation of this chapter or any regulation, term, condition, or restriction referred to in paragraph (1); or
(7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of any other person subject to this section knowing that such other person has committed any act prohibited by this section.
(Pub. L. 96–283, title III, § 301, June 28, 1980, 94 Stat. 577.)
§ 1462. Civil penalties
(a) Assessment of penalty
(b) Review of civil penalty
(c) Action upon failure to pay assessment
(d) Compromise or other action by the Administrator
(Pub. L. 96–283, title III, § 302, June 28, 1980, 94 Stat. 577.)
§ 1463. Criminal offenses
(a) Offense
(b) Punishment
(Pub. L. 96–283, title III, § 303, June 28, 1980, 94 Stat. 578.)
§ 1464. Enforcement
(a) Responsibility
(b) Powers of authorized officers
To enforce this chapter on board any vessel subject to the provisions of this chapter, any officer who is authorized by the Administrator or by the Secretary of the department in which the Coast Guard is operating may—
(1) board and inspect any vessel which is subject to the provisions of this chapter;
(2) search any such vessel if the officer has reasonable cause to believe that the vessel has been used or employed in the violation of any provision of this chapter;
(3) arrest any person subject to section 1461 of this title if the officer has reasonable cause to believe that the person has committed a criminal offense under section 1463 of this title;
(4) seize any such vessel together with its gear, furniture, appurtenances, stores, and cargo, used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this chapter if such seizure is necessary to prevent evasion of the enforcement of this chapter;
(5) seize any hard mineral resource recovered or processed in violation of any provision of this chapter;
(6) seize any other evidence related to any violation of any provision of this chapter;
(7) execute any warrant or other process issued by any court of competent jurisdiction; and
(8) exercise any other lawful authority.
(c) Definitions
(d) Proprietary information
(Pub. L. 96–283, title III, § 304, June 28, 1980, 94 Stat. 578.)
§ 1465. Liability of vessels
Any vessel documented or numbered under the laws of the United States (except a public vessel engaged in noncommercial activities) which is used in any violation of this chapter, any regulation issued under this chapter, or any term, condition, or restriction of any license or permit issued under subchapter I shall be liable in rem for any civil penalty assessed or criminal fine imposed and may be proceeded against in any district court of the United States having jurisdiction thereof.
(Pub. L. 96–283, title III, § 305, June 28, 1980, 94 Stat. 579.)
§ 1466. Civil forfeitures
(a) In general
(b) Jurisdiction of courts
(c) Judgment
(d) Procedure
(e) Rebuttable presumption
(Pub. L. 96–283, title III, § 306, June 28, 1980, 94 Stat. 580.)
§ 1467. Jurisdiction of courts
The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter. These courts may, at any time—
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other security; and
(4) take such other actions as are in the interest of justice.
(Pub. L. 96–283, title III, § 307, June 28, 1980,
§ 1468. Regulations
(a) Proposed regulations
(b) Final regulations
(c) Amendments
(d) Consistency
(Pub. L. 96–283, title III, § 308, June 28, 1980, 94 Stat. 581.)
§ 1469. Omitted
§ 1470. Authorization of appropriations
There are authorized to be appropriated to the Administrator, for purposes of carrying out the provisions of subchapters I and II and this subchapter, such sums as may be necessary for the fiscal years ending September 30, 1981, and September 30, 1982, and $1,469,000 for the fiscal year ending September 30, 1983, $2,150,000 for the fiscal year ending September 30, 1984, $1,500,000 for each of the fiscal years ending September 30, 1985, and September 30, 1986, $1,500,000 for each of the fiscal years ending September 30, 1987, September 30, 1988, and September 30, 1989, and $1,525,000 for each of the fiscal years 1990, 1991, 1992, 1993, and 1994.
(Pub. L. 96–283, title III, § 310, June 28, 1980, 94 Stat. 582; Pub. L. 97–416, Jan. 4, 1983, 96 Stat. 2084; Pub. L. 98–623, title IV, § 403, Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99–507, § 2, Oct. 21, 1986, 100 Stat. 1847; Pub. L. 101–178, § 1, Nov. 28, 1989, 103 Stat. 1297.)
§ 1471. Severability
If any provision of this chapter or any application thereof is held invalid, the validity of the remainder of the chapter, or any other application, shall not be affected thereby.
(Pub. L. 96–283, title III, § 311, June 28, 1980, 94 Stat. 582.)
§ 1472. Deep Seabed Revenue Sharing Trust Fund; establishment
(a) Creation of Trust Fund
(b) Transfer to Trust Fund of amounts equivalent to certain taxes
(1) In general
(2) Method of transfer
(c) Management of Trust Fund
(1) Report
(2) Investment
(A) In general
(B) Sale of obligations
(C) Interest on certain proceeds
(d) Expenditures from Trust Fund
(e) Use of funds
(f) International deep seabed treaty
(Pub. L. 96–283, title IV, § 403, June 28, 1980, 94 Stat. 584; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
§ 1473. Revenue and customs or tariff treatment of deep seabed mining unaffected
Except as otherwise provided in sections 4495 to 4498 1
1 See References in Text note below.
of title 26, nothing in this chapter shall affect the application of title 26. Nothing in this chapter shall affect the application of the customs or tariff laws of the United States.(Pub. L. 96–283, title IV, § 404, June 28, 1980, 94 Stat. 586; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)