floating craft, whether self-propelled or towed by another vessel making a sea voyage, inserted a definition of "tanker", subjected tankers of 150 to 500 tons to the provisions of this chapter, and substituted the lower exit of Saint Lambert lock for the lower exit of the Lachine Canal as the point at Montreal, Canada, constituting the easternmost point of the Great Lakes and their tributary waters within which ships are excepted from the provisions of this chapter.

Subsec. (1). Pub. L. 89-551, § 1(2) (E), added subsec. (1).

SHORT TITLE

Section 1 of Pub. L. 87-167, as amended by section 1(1) of Pub. L. 89-551, provided: "That this Act [which enacted this chapter], to implement the provisions of the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended, may be cited as the 'Oll Pollution Act. 1961. as amended'."

SEPARABILITY OF PROVISIONS

Section 15 of Pub. L. 87-167 provided that: "If a provision of this Act [this chapter] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act [this chapter] and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby."

TRANSFER OF FUNCTIONS

"Secretary of Transportation" was substituted for "Secretary of the Army" in par. (h) pursuant to Pub. L. 89670, Oct. 15, 1966, 80 Stat. 931, which transferred all functions, powers, and duties of the Secretary of the Army and other officers and offices of the Department of the Army under this chapter to the Secretary of Transportation. See section 1655 (g) (5) of Title 49, Transportation. § 1002. Prohibition against discharge of oil or oily mixtures; permissible discharges; regulations. Subject to the provisions of sections 1003 and 1004 of this title, it shall be unlawful for any person to discharge oil or oily mixture from:

(a) a tanker within any of the prohibited zones. (b) a ship, other than a tanker, within any of the prohibited zones, except when the ship is proceeding to a port not provided with facilities adequate for the reception, without causing undue delay, it may discharge such residues and oily mixture as would remain for disposal if the bulk of the water had been separated from the mixture: Provided, such discharge is made as far as practicable from land.

(c) a ship of twenty thousand tons gross tonnage or more, including a tanker, for which the building contract is placed on or after the effective date of this chapter. However, if in the opinion of the master, special circumstances make it neither reasonable nor practicable to retain the oil or oily mixture on board, it may be discharged outside the prohibited zones. The reasons for such discharge shall be reported in accordance with the regulations prescribed by the Secretary. (Pub. L. 87-167, § 3, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89-551, § 1(3), Sept. 1, 1966, 80 Stat. 373.)

REFERENCES IN TEXT

For the effective date of this chapter, referred to in subsec. (c), see section 1015 of this title.

AMENDMENTS

1966 Subsec. (a). Pub. L. 89-551 struck out provision that, to constitute a prohibited discharge of oil or oily mixture, the discharge must foul the surface of the sea.

Subsec. (b). Pub. L. 89-551 substituted "oil or an oily mixture" for "olly ballast water or tank washings" as the decription of the discharges which have to be made as

far as practicable from land and excepted ships other than tankers from the prohibition of the subsection when the ship is proceeding to a port not provided with facilities adequate for the reception, without causing undue delay, and, in such cases, allowed discharge of whatever discharges and oily mixtures as would remain for disposal if the bulk of the water had been separated from the mixture.

Subsec. (c). Pub. L. 89-551 added subsec. (c).
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1003, 1004, 1008, 1009 of this title.

§ 1003. Excepted discharges; securing safety of ship; prevention of damage to ship or cargo; saving life; damaged ship or unavoidable leakage; residue from purification or clarification. Section 1002 of this title shall not apply to(a) the discharge of oil or oily mixture from a ship for the purpose of securing the safety of a ship, preventing damage to a ship or cargo, or saving life at sea; or

(b) the escape of oil, or of oily mixture, resulting from damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape;

(c) the discharge of residue arising from the purification or clarification of fuel oil or lubricating oll: Provided, That such discharge is made as far from land as practicable. (Pub. L. 87-167, § 4, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89-551, § 1(4), Sept. 1, 1966, 80 Stat. 373.)

AMENDMENTS

1966 Pub. L. 89-551 removed sediment which cannot be pumped from the cargo tanks of tankers by reason of its solidarity from the list of substances excepted from the prohibitions of section 1002 of this title and revised the excepted discharges to include discharges when made for securing safety when another ship is involved.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1002, 1008, 1009 of this title.

§ 1004. Excepted discharges; oily mixtures from bilges. Section 1002 of this title shall not apply to the discharge from the bilges of a ship of an oily mixture containing no oil other than lubricating oil which has drained or leaked from machinery spaces. (Pub. L. 87-167, § 5, Aug. 30, 1961, 75 Stat. 403; Pub. L. 89-551, § 1(5), Sept. 1, 1966, 80 Stat. 374.)

AMENDMENTS

1966 Pub. L. 89-551 removed the exception for the discharge from the bilges of oil mixtures during the period of twelve months after the United States accepts the convention and narrowed the exception for an oily mixture containing lubricating oil by limiting it to lubricating oil which has drained or leaked from machinery spaces.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1002, 1009 of this title.

§ 1005. Penalties for violations; liability of vessel. Any person who violates any provision of this chapter, except sections 1007(b) and 1008 of this title, or any regulation prescribed in pursuance thereof, is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding

$2,500 nor less than $500, or by imprisonment not exceeding one year, or by both such fine and imprisonment, for each offense. And any ship (other than a ship owned and operated by the United States) from which oil is discharged in violation of this chapter, or any regulation prescribed in pursuance thereof, shall be liable for the pecuniary penalty specified in this section, and clearance of such ship from a port of the United States may be withheld until the penalty is paid, and said penalty shall constitute a lien on such ship which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which the ship may be. (Pub. L. 87-167, § 6, Aug. 30, 1961, 75 Stat. 403.)

§ 1006. Suspension or revocation of license of officers of offending vessels.

The Coast Guard may, subject to the provisions of section 239 of Title 46, suspend or revoke a license issued to the master or other licensed officer of any ship found violating the provisions of this chapter or the regulations issued pursuant thereto. (Pub. L. 87-167, § 7, Aug. 30, 1961, 75 Stat. 403.)

§ 1007. Personnel for enforcement of provisions; arrest of offenders and procedure; ship fittings and equipment; civil penalty.

(a) In the administration of sections 1001 to 1011 of this title, the Secretary may make use of the organization, equipment, and agencies, including engineering, clerical, and other personnel, employed under his direction in the improvement of rivers and harbors and in the enforcement of laws for the improvement of rivers and harbors and in the enforcement of laws for the preservation and protection of navigable waters. For the better enforcement of the provisions of said sections, the officers and agents of the United States in charge of river and harbor improvements and persons employed under them by authority of the Secretary, and officers and employees of the Bureau of Customs and the Coast Guard, shall have power and authority and it shall be their duty to swear out process and to arrest and take into custody, with or without process, any person who may violate any of said provisions: Provided, That no person shall be arrested without process for a violation not committed in the presence of some one of the aforesaid officials: And provided further, That whenever any arrest is made under the provisions of said sections the person so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in cases of crimes against the United States. Representatives of the Secretary and of the Bureau of Customs and Coast Guard of the United States may go on board and inspect any ship in a prohibited zone or in a port of the United States as may be necessary for enforcement of this chapter.

(b) To implement article VII of the convention, ship fittings and equipment, and operating require

ments thereof, shall be in accordance with regulations prescribed by the Secretary of the Department in which the Coast Guard is operating. Any person found violating these regulations shall, in addition to any other penalty prescribed by law, be subject to a civil penalty not in excess of $100. (Pub. L. 87-167, § 8, Aug. 30, 1961, 75 Stat. 403.)

CHANGE OF NAME

References to United States commissioners to be deemed references to United States magistrates, see Pub. L. 90-578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

CROSS REFERENCE

Convention defined, see section 1001 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1005, 1009 of this title.

§ 1008. Oil record book.

(a) Printing; regulations by Secretary.

The Secretary shall have printed separate oil record books, containing instructions and spaces for inserting information in the form prescribed by the Convention, which shall be published in regulations prescribed by the Secretary.

(b) Book supplied without charge; inspection and surrender.

If subject to this chapter, every ship using oil fuel and every tanker shall be provided, without charge, an oil record book which shall be carried on board. The provisions of section 140 of Title 5 shall not apply. The ownership of the booklet shall remain in the United States Government. This book shall be available for inspection as provided in this chapter and for surrender to the United States Government pursuant to regulations of the Secretary. (c) Operations requiring recordation.

The oil record book shall be completed on each occasion, whenever any of the following operations takes place in the ship:

(1) ballasting of and discharge of ballast from cargo tanks of tankers;

(2) cleaning of cargo tanks of tankers;

(3) settling in slop tanks and discharge of water from tankers;

(4) disposal from tankers of oily residues from slop tanks or other sources;

(5) ballasting, or cleaning during voyage, of bunker fuel tanks of ships other than tankers:

(6) disposal from ships other than tankers of oily residues from bunker fuel tanks or other sources;

(7) accidental or other exceptional discharges or escapes of oil from tankers or ships other than tankers.

In the event of such discharge or escape of oil or oily mixture, as is referred to in sections 1002(c) and 1003 of this title, a statement shall be made in the oil

record book of the circumstances of, and reason for, the discharge or escape.

(d) Entries; signatures.

Each operation described in subsection (c) of this section shall be fully recorded without delay in the oil record book so that all the entries in the book appropriate to that operation are completed. Each page of the book shall be signed by the officer or officers in charge of the operations concerned and, when the ship is manned, by the master of the ship.

(e) Rules and regulations.

Oil record books shall be kept in such manner and for such length of time as set forth in the regulations prescribed by the Secretary.

(f) Penalties.

If any person fails to comply with the requirements imposed by or under this section, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 and if any person makes an entry in any records kept in accordance with this chapter or regulations prescribed thereunder by the Secretary which is to his knowledge false or misleading in any material particular, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 or imprisonment for a term not exceeding six months, or both. (Pub. L. 87-167, § 9, Aug. 30, 1961, 75 Stat. 404; Pub. L. 89-551, § 1(6), Sept. 1, 1966, 80 Stat. 374.)

CODIFICATION

The provisions of section 140 of title 5, referred to in this section, have been incorporated in title 31 section 483a.

AMENDMENTS

1966 Subsec. (a). Pub. L. 89-551 substituted provisions covering the printing of oil record books by the Secretary for provisions requiring that an oil record book be carried and that the circumstances surrounding a prohibited discharge be recorded.

Subsecs. (b)-(e). Pub. L. 89-551 added subsecs. (b)— (e). Former subsec. (b) amended by inserting reference to regulations prescribed under this chapter by the Secretary and, as so amended, redesignated as subsec. (f).

Subsec. (f). Pub. L. 89-551 redesignated former subsec. (b) as subsec. (f) and inserted a reference to regulations prescribed under this chapter by the Secretary.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1005, 1009 of this title.

§ 1009. Regulations.

The Secretary may make regulations for the administration of sections 1002, 1003, 1004, 1007(a), and 1008, and 1011 of this title. (Pub. L. 87-167, § 9, Aug. 30, 1961, 75 Stat. 404; Pub. L. 89-551, § 1(7), Sept. 1, 1966, 80 Stat. 375.)

AMENDMENTS

1966-Pub. L. 89-551 inserted reference to section 1011 of this title.

§ 1010. Boarding of ships; production of records; evidence of violations by foreign ships.

(a) The Secretary may make regulations empowering such persons as may be designated to go on board any ship to which the convention applies, while the ship is within the territorial jurisdiction of the United States, and to require production of any records required to be kept in accordance with the convention.

(b) Should evidence be obtained that a ship registered in another country party to the convention has discharged oil in any prohibited zone, such evidence should be forwarded to the State Department for action in accordance with article X of the convention. (Pub. L. 87-167, § 11, Aug. 30, 1961, 75 Stat. 404.)

§ 1011. Prohibited zones; publication of reduction or extension of zones.

(a) All sea areas within fifty miles from the nearest land shall be prohibited zones, subject to extensions or reduction effectuated in accordance with the terms of the Convention, which shall be published in regulations prescribed by the Secretary.

(b) With respect to the reduction or extension of the zones described under the terms of the Convention, the Secretary shall give notice thereof by publication of such information in Notices to Mariners issued by the United States Coast Guard and United States Navy. (Pub. L. 87-167, § 12, Aug. 30, 1961, 75 Stat. 404; Pub. L. 89-551, § 1(8), Sept. 1, 1966, 80 Stat. 375.)

AMENDMENTS

1966-Pub. L. 89-551 substituted a general reference to extensions or reductions of sea areas within 50 miles from land effectuated in accordance with the terms of the Convention to be published in regulations by the Secretary for detailed descriptions of areas excepted from the prohibited zones.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1009 of this title.

§ 1012. Repealed. Pub. L. 89-551, § 1(9), Sept. 1, 1966, 80 Stat. 375.

Section, Pub. L. 87-167, § 13, Aug. 30, 1961, 75 Stat. 405, set out the form and required entries for the oil record book. See section 1008 of this title.

§ 1013. Appropriations.

There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. (Pub. L. 87-167, § 14, Aug. 30, 1961, 75 Stat. 407.)

§ 1014. Effect on other laws.

Nothing in this chapter or in regulations issued hereunder shall be construed to modify or amend the provisions of the Oil Pollution Act, 1924, or section 89 of Title 14. (Pub. L. 87-167, § 16, Aug. 30, 1961, 75 Stat. 407.)

REFERENCES IN TEXT

The Oil Pollution Act, 1924, referred to in text, was repealed by Pub. L. 91-224, title I, § 108, Apr. 3, 1970, 84 Stat. 113, and its provisions are generally covered by section 1151 et. seq. of this title.

§ 1015. Effective date.

(a) This chapter shall become effective upon the date of its enactment or upon the date the amended Convention becomes effective as to the United States, whichever is the later date.

(b) Any rights or liabilities existing on the effective date of this chapter shall not be affected by the enactment of this chapter. Any procedures or rules or regulations in effect on the effective date of this chapter shall remain in effect until modified or superseded under the authority of this chapter. Any reference in any other law or rule or regulation pre

scribed pursuant to law to the "International Convention for the Prevention of the Pollution of the Sea by Oil, 1954," shall be deemed to be a reference to that Convention as revised by the "Amendments of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954," which were adopted by a Conference of Contracting Governments convened at London on April 11, 1962. Any reference in any other law or rule or regulation prescribed pursuant to law to the "Oil Pollution Act, 1961," approved August 30, 1961, shall be deemed to be a reference to that Act as amended by this Act. (Pub. L. 87-167, § 17, Aug. 30, 1961, 75 Stat. 407; Pub. L. 89-551, § 1(10), Sept. 1, 1966, 80 Stat. 375.)

Sec.

REFERENCES IN TEXT

The "date of its enactment" referred to in subsec. (a) means the enactment of Pub. L. 87-167, which was approved on Aug. 30, 1961.

"That Act", referred to in subsec. (b), refers to the "Oil Pollution Act, 1961", Pub. L. 87-167, Aug. 30, 1961, 75 Stat. 402, which is classified to this chapter, and "this Act", referred to in subsec. (b), presumably refers to Pub. L. 89-551, Sept. 1, 1966, 80 Stat. 372, which amended Pub. L. 87-167 and brought it into line with the 1962 Amendments of the 1954 Convention.

AMENDMENTS

1966-Subsec. (a). Pub. L. 89–551 denominated existing provisions as subsec. (a) and in subsec. (a) as so denominated substituted "upon the date the amended Convention becomes effective as to the United States" for "upon the date the United States becomes a party to the convention".

Subsec. (b). Pub. L. 89-551 added subsec. (b).

to be the policy of Congress to provide permanently for the control and prevention of soil erosion and thereby to preserve natural resources, control floods, prevent impairment of reservoirs, and maintain the navigability of rivers and harbors, protect public health, public lands and relieve unemployment, and the Secretary of Agriculture, from now on, shall coordinate and direct all activities with relation to soil erosion and in order to effectuate this policy is authorized, from time to time

(1) To conduct surveys, investigations, and research relating to the character of soil erosion and the preventive measures needed, to publish the results of any such surveys, investigations, or research, to disseminate information concerning such methods, and to conduct demonstrational projects in areas subject to erosion by wind or water;

(2) To carry out preventive measures, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation. and changes in use of land;

(3) To cooperate or enter into agreements with, or to furnish financial or other aid to, any agency, governmental or otherwise, or any person, subject to such conditions as he may deem necessary, for the purposes of this chapter; and

(4) To acquire lands, or rights or interests therein, by purchase, gift, condemnation, or otherwise, whenever necessary for the purposes of this chapter.

(Apr. 27, 1935, ch. 85, § 1, 49 Stat. 163.)

TRANSFER OF FUNCTIONS

Functions of Soil Conservation Service in Department of Agriculture with respect to soll and moisture conservation operations conducted on lands under jurisdiction of Department of Interior were transferred to Department of Interior, to be administered under direction and supervision of Secretary of Interior through such agency or agencies in Department of Interior as Secretary shall designate, by 1939 Reorg. Plan No. IV, § 6, eff. June 30, 1940. 5 P.R. 2421, 54 Stat. 1234, set out in the Appendix to Title 5, Government Organization and Employees.

Soil Conservation Service consolidated with other agencies into Agricultural Conservation and Adjustment Administration for duration of war, see Ex. Ord. No. 9069. POLICY

Declaration of policy to continue the Soil Conservation and Domestic Allotment Act, see section 1282 of Title 7, Agriculture.

CROSS REFERENCES

Finality of payments and loans under this chapter, see section 1385 of Title 7, Agriculture.

SECTION REFFERED TO IN OTHER SECTIONS

This section is referred to in section 590b of this title.

§ 590b. Lands on which preventive measures may be taken.

The acts authorized in section 590a (1) and (2) of this title may be performed

(a) On lands owned or controlled by the United States or any of its agencies, with the cooperation of the agency having jurisdiction thereof; and

(b) On any other lands, upon obtaining proper consent or the necessary rights or interests in such lands. (Apr. 27, 1935, ch. 85, § 2, 49 Stat. 163.)

§ 590c. Conditions under which benefits of law extended nongovernment controlled lands.

As a condition to the extending of any benefits under this chapter to any lands not owned or controlled by the United States or any of its agencies, the Secretary of Agriculture may, insofar as he may deem necessary for the purposes of this chapter, require

(1) The enactment and reasonable safeguards for the enforcement of State and local laws imposing suitable permanent restrictions on the use of such lands and otherwise providing for the prevention of soil erosion;

(2) Agreements or covenants as to the permanent use of such lands; and

(3) Contributions in money, services, materials, or otherwise, to any operations conferring such benefits.

(Apr. 27, 1935, ch. 85, § 3, 49 Stat. 163.)

TRANSFER OF FUNCTIONS

Functions respecting lands under jurisdiction of Department of Interior, see note under section 590a of this title.

§ 590d. Cooperation of governmental agencies; officers and employees, appointment and compensation; expenditures for personal services and supplies.

For the purposes of this chapter, the Secretary of Agriculture may

(1) Secure the cooperation of any governmental agency;

(2) Subject to the provisions of the civil-service laws and chapter 51 and subchapter III of chapter 53 of Title 5, appoint and fix compensation of such officers and employees as he may deem necessary, except for a period not to exceed eight months from the date of this enactment, the Secretary of Agriculture may make appointments and may continue employees of the organization heretofore established for the purpose of administering those provisions of the National Industrial Recovery Act which relate to the prevention of soil erosion, without regard to the civil-service laws

or regulations and chapter 51 and subchapter III of chapter 53 of Title 5, and any persons with technical or practical knowledge may be employed and compensated under this chapter on a basis to be determined by the Civil Service Commission; and

(3) Make expenditures for personal services and rent in the District of Columbia and elsewhere, for the purchase of law books and books of reference, for printing and binding, for the purchase, operation, and maintenance of passenger-carrying vehicles, and perform such acts, and prescribe such regulations, as he may deem proper to carry out the provisions of this chapter. (Apr. 27, 1935, ch. 85, § 4, 49 Stat. 164; Oct. 8, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972.)

REFERENCES IN TEXT

The civil-service laws, referred to in the text, are classified generally to Title 5, Government Organization and Employees.

The National Industrial Recovery Act, referred to in the text, was formerly classified to sections 401 to 414 of Title 40, Public Buildings, Property and Works, and terminated June 30, 1943, by the provisions of act June 27, 1942, ch. 450, § 1, 56 Stat. 410.

AMENDMENTS

1949-Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923," which for purposes of codification has been translated as chapter 51 and subchapter III of chapter 53 of Title 5.

TRANSFER OF FUNCTIONS

Transfer of functions respecting lands under jurisdiction of Department of Interior, see note under section 590a of this title.

§ 590e. Soil Conservation Service; establishment; utilization and transfer of existing governmental agencies.

The Secretary of Agriculture shall establish an agency to be known as the "Soil Conservation Service", to exercise the powers conferred on him by this chapter and may utilize the organization heretofore established for the purpose of administering those provisions of sections 202 and 203 of the National Industrial Recovery Act which relate to the prevention of soil erosion, together with such personnel thereof as the Secretary of Agriculture may determine, and all unexpended balances of funds heretofore allotted to said organization shall be available until June 30, 1937, and the Secretary of Agriculture shall assume all obligations incurred by said organization prior to transfer to the Department of Agriculture. In order that there may be proper coordination of erosion-control activities the Secretary of Agriculture may transfer to the agency created under this chapter such functions, funds, personnel, and property of other agencies in the Department of Agriculture as he may from time to time determine. (Apr. 27, 1935, ch. 85, § 5, 49 Stat. 164.)

REFERENCES IN TEXT

Sections 202 and 203 of the National Industrial Recovery Act, referred to in the text, formerly classified to sections 402 and 403 of Title 40, Public Buildings, Property and Works, terminated June 30, 1943, by the provisions of act June 27, 1942, ch. 450, § 1, 56 Stat. 410.

APPROPRIATION

A provision of section 5 of act Apr. 27, 1935, omitted as executed, made funds provided in Joint Res., Apr. 8, 1935, ch. 48, 49 Stat. 115, available for expenditure under this chapter.