Intervention on the High Seas Act

Summary

Intervention on the High Seas Act - Implements the 1969 International Convention relating to Intervention on the High Seas in cases of Oil Pollution Casualties. Authorizes the Secretary of the department in which the Coast Guard is operating to take measures on the high seas in accordance with the convention and this Act to prevent, mitigate, or eliminate a grave and imminent danger to the coast line or related interests of the United States from pollution or threat of pollution of the sea by oil spils from a ship collision, standing or other incident of navigation. Authorizes the Secretary to coordinate and direct all public and private efforts directed at the removal or elimination of the threatened pollution damage, to undertake salvage action, and to remove and if necessary destroy the ship and cargo which is the source of the danger. Directs the Secretary to consult with other countries affected by the marine casualty, and to notify immediately the Administrator of the Environmental Protection Agency and other persons reasonably expected to be affected by any proposed measures, before undertaking such measures. Authorizes the Secretary to forego such consultation in cases of extreme urgency. Directs that measures directed or conducted under this Act may not go beyond what is reasonably necessary to prevent, mitigate or eliminate the damage, actual or threatened, to the coastline or related interests of the United States. Directs the Secretary to endeavor to assure the avoidance of risk to human life; to render aid to distressed persons; and not unnecessarily to interfere with rights and interests of others. Obligates the United States to compensate parties affected by damage caused by excessive measures. Authorizes such claims to be heard in an action brought in the United States Court of Claims and in any District Court of the United States. Requires the Secretary of State to notify without delay persons affected by measures taken under this Act, including foreign states. Provides for criminal proceedings and penalties for violations of the Act. Prohibits the Secretary from taking measures against a warship or a ship owned or operated by a country and used on government noncommercial service. Provides that the Act shall be interpreted and administered in a manner consistent with the convention and other international law, so as not to prejudice any right, duty, privilege or immunity or to deprive any remedy of any country or person. Provides for reasonable administrative rule-making by the Secretary to implement the Act. Establishes the date of enactment or the date the Convention becomes effective as to the United States, whichever is later, as the effective date of the Act.

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1 official file

• Introduced in House

  summary · EN · 21 March 1973

  Open at official source

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