cept an amendment proposed pursuant to Article VI of the MARPOL Protocol. (33 U.S.C. 1909) SEC. 11. (a) Except as provided in subsection (b) of this section, any person having an interest which is, or can be, adversely affected, may bring an action on his own behalf (1) against any person alleged to be in violation of the provisions of this Act, or regulations issued hereunder; (2) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this Act which is not discretionary with the Secretary; (3) against the Secretary of the Treasury where there is alleged a failure of the Secretary of the Treasury to take action under section 9(e) of this Act. (b) No action may be commenced under subsection (a) of this section (1) prior to 60 days after the plaintiff has given notice, in writing and under oath, to the alleged violator, the Secretary concerned, and the Attorney General; or (2) if the Secretary has commenced enforcement or penalty action with respect to the alleged violation and is conducting such procedures diligently. (c) Any suit brought under this section shall be brought (1) in a case concerning an onshore facility or port, in the United States district court for the judicial district where the onshore facility or port is located; (2) in a case concerning an offshore facility or offshore structure under the jurisdiction of the United States, in the United States district court for the judicial district nearest the offshore facility or offshore structure; (3) in a case concerning a ship, in the United States district court for any judicial district wherein the ship or its owner or operator may be found; or (4) in any case, in the District Court for the District of Columbia. (d) The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party including the Federal Government. (e) In any action brought under this section, if the Secretary or Attorney General are not parties of record, the United States, though the Attorney General, shall have the right to intervene. (33 U.S.C. 1910) SEC. 12. On the effective date of this Act (a) the Oil Pollution Act, 1961, as amended (75 Stat. 402; 33 U.S.C. 1001 et seq.) is repealed. Any criminal or civil penalty proceeding under that Act for a violation which occurred prior to the effective date of this Act may be initiated or continued to conclusion as though that Act had not been repealed; and (b) the Oil Pollution Act Amendments of 1973 (87 Stat. 428, Public Law 93-119) are repealed. SEC. 13. (a) Section 4417a of the Revised Statutes of the United States (46 U.S.C. 391a) is amended as follows (1) by amending subparagraph (C) of paragraph (2) by deleting the word "or" in clause (ii); by deleting the period at the end of clause (iii) and inserting "; or"; and by adding a new clause (iv) as follows: “(iv) designated as a noxious liquid substance under Annex II of the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973."; (2) by amending subparagraph (E) of paragraph (3) to read as follows: "(E) which is constructed or adapted to carry, or which carries, oil or any hazardous materials in bulk as cargo or in residue.". (b) The Federal Water Pollution Control Act, as amended, is further amended in the first sentence of section 311(b)(3), after the words "except (A) in the case of such discharges", by striking_the words "of oil"; and by striking the phrase "the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended" and inserting in lieu thereof the phrase "the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973". SEC. 14. (a) Except as provided in subsection (b) of this section, this Act is effective upon the date of enactment, or on the date the MARPOL Protocol becomes effective as to the United States, whichever is later. (b) The Secretary and the heads of Federal departments shall have the authority to issue regulations, standards, and certifications under sections 3(c), 3(d), 4(b), 5(a), 6(a), 6(c), and 6(f) effective on the date of enactment of this Act. Section 13(a)(2) is effective upon the date of enactment of this Act. (c) Any rights or liabilities existing on the effective date of this Act shall not be affected by this enactment. Any regulations or procedures promulgated or effected pursuant to the Oil Pollution Act, 1961, as amended, remain in effect until modified or superseded by regulations promulgated under the authority of the MARPOL Protocol or this act. SEC. 15. Nothing in this Act shall be construed as limiting, diminishing, or otherwise restricting any of the authority of the Secretary under the Port and Tanker Safety Act of 1978 (Public Law 95-474). (33 U.S.C. 1911) SEC. 16. (a) Subsection (c) of section 4 of the Act of 1956 (16 U.S.C. 742c(c)) is amended (1) by striking out "September 30, 1980," each place it appears therein and inserting in lieu thereof "September 30, 1982,"; and (2) by striking out the third, fourth, and fifth sentences thereof. (b) The amendments made by subsection (a) shall take effect on September 1, 1980. |