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US (United States) Code. Title 33. Chapter 29: Deepwater ports

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-CITE-

33 USC CHAPTER 29 - DEEPWATER PORTS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

CHAPTER 29 - DEEPWATER PORTS

-MISC1-

Sec.

1501. Congressional declaration of policy.

1502. Definitions.

1503. License for ownership, construction, and operation of

deepwater port.

(a) Requirement.

(b) Issuance, transfer, amendment, or

reinstatement.

(d) Application for license subject to examination

and comparison of economic, social, and

environmental effects of deepwater port

facility and deep draft channel and harbor;

finality of determination.

(e) Additional conditions; removal requirements,

waiver; Outer Continental Shelf Lands Act

applicable to utilization of components upon

waiver of removal requirements.

(f) Amendments, transfers, and reinstatements.

(g) Eligible citizens.

(h) Term of license.

1504. Procedure.

(a) Regulations; issuance, amendment, or

rescission; scope.

(b) Additional regulations; criteria for site

evaluation and preconstruction testing.

Transportation; publication in Federal

(d) Application area; publication in Federal

submission of other applications; notice of

intent and submission of completed

applications; denial of pending application

prior to consideration of other untimely

applications.

(e) Recommendations to Secretary of Transportation;

application for all Federal authorizations;

copies of application to Federal agencies and

departments with jurisdiction; recommendation

of approval or disapproval and of manner of

amendment to comply with laws or regulations.

(f) NEPA compliance.

(g) Public notice and hearings; evidentiary hearing

in District of Columbia; decision of Secretary

based on evidentiary record; consolidation of

hearings.

(h) Nonrefundable application fee; processing

costs; State fees; "land-based facilities

directly related to a deepwater port facility"

defined; fair market rental value, advance

payment.

(i) Application approval; period for determination;

priorities; criteria for determination of

application best serving national interest.

1505. Environmental review criteria.

(a) Establishment; evaluation of proposed deepwater

ports.

(b) Review and revision.

regulations.

1506. Repealed.

1507. Common carrier status.

(a) Status of deepwater ports and storage

facilities.

(b) Discrimination prohibition; exceptions.

proceedings.

(d) Managed access.

(e) Jurisdiction.

1508. Adjacent coastal States.

(a) Designation; direct pipeline connections;

mileage; risk of damage to coastal

environment, time for designation.

(b) Applications; submittal to Governors for

approval or disapproval; consistency of

Federal licenses and State programs; views of

other interested States.

coastal zone management program; planning

grants.

(d) State agreements or compacts.

1509. Marine environmental protection and navigational

safety.

(a) Regulations and procedures.

(b) Safety of property and life; regulations.

(d) Safety zones; designation; construction period;

permitted activities.

1510. International agreements.

1511. Suspension or termination of licenses.

(a) Proceedings by Attorney General; venue;

conditions subsequent.

(b) Public health or safety; danger to environment;

completion of proceedings.

1512. Recordkeeping and inspection.

(a) Regulations; regulations under other provisions

unaffected.

(b) Access to deepwater ports in enforcement

proceedings and execution of official duties;

inspections and tests; notification of

results.

1513. Public access to information.

(a) Inspection of copies; reproduction costs;

protected information.

(b) Information disclosure prohibition;

confidentiality of certain disclosures.

1514. Remedies.

(a) Criminal penalties.

(b) Orders of compliance; Attorney General's civil

action; jurisdiction and venue.

scope of relief.

(d) Vessels; liability in rem; exempt vessels;

consent or privy of owners or bareboat

charterers.

1515. Citizen civil action.

(a) Equitable relief; case or controversy; district

court jurisdiction.

(b) Notice; intervention of right by person.

General.

(d) Costs of litigation; attorney and witness fees.

(e) Statutory or common law rights unaffected.

1516. Judicial review; persons aggrieved; jurisdiction of

courts of appeal.

1517, 1517a. Repealed or Omitted.

1518. Relationship to other laws.

(a) Federal Constitution, laws, and treaties

applicable; other Federal requirements

applicable; status of deepwater port; Federal

or State authorities and responsibilities

within territorial seas unaffected;

notification by Secretary of State of intent

to exercise jurisdiction; objections by

foreign governments.

(b) Law of nearest adjacent coastal State as

applicable Federal law; Federal administration

and enforcement of such law; nearest adjacent

coastal State defined.

subject to Federal jurisdiction; objections to

jurisdiction; designation of agent for service

of process; duty of licensee.

(d) Customs laws inapplicable to deepwater port;

duties and taxes on foreign articles imported

into customs territory of United States.

(e) Federal district courts; original jurisdiction;

venue.

1519. Repealed.

1520. Pipeline safety and operation.

(a) Standards and regulations for Outer Continental

Shelf.

(b), (c) Omitted.

1521. Negotiations with Canada and Mexico; report to

Congress.

1522. Limitations on export provisions of section 185(u) of

title 30 unaffected.

1523. General procedures; issuance and enforcement of

orders; scope of authority; evidentiary matters.

1524. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1321, 2701 of this title;

title 26 section 9509; title 42 section 9611; title 46 section

3703a.

-End-

-CITE-

33 USC Sec. 1501 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1501. Congressional declaration of policy

-STATUTE-

(a) It is declared to be the purposes of the Congress in this

chapter to -

(1) authorize and regulate the location, ownership,

construction, and operation of deepwater ports in waters beyond

the territorial limits of the United States;

(2) provide for the protection of the marine and coastal

environment to prevent or minimize any adverse impact which might

occur as a consequence of the development of such ports;

(3) protect the interests of the United States and those of

adjacent coastal States in the location, construction, and

operation of deepwater ports;

(4) protect the rights and responsibilities of States and

communities to regulate growth, determine land use, and otherwise

protect the environment in accordance with law;

(5) promote the construction and operation of deepwater ports

as a safe and effective means of importing oil or natural gas

into the United States and transporting oil or natural gas from

the outer continental shelf (!1) while minimizing tanker traffic

and the risks attendant thereto; and

(6) promote oil or natural gas production on the outer

continental shelf by affording an economic and safe means of

transportation of outer continental shelf (!1) oil or natural gas

to the United States mainland.

(b) The Congress declares that nothing in this chapter shall be

construed to affect the legal status of the high seas, the

superjacent airspace, or the seabed and subsoil, including the

Continental Shelf.

-SOURCE-

(Pub. L. 93-627, Sec. 2, Jan. 3, 1975, 88 Stat. 2126; Pub. L.

104-324, title V, Sec. 502(b), Oct. 19, 1996, 110 Stat. 3925; Pub.

L. 107-295, title I, Sec. 106(a)(1), Nov. 25, 2002, 116 Stat.

2086.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(5), (6). Pub. L. 107-295 inserted "or natural

gas" after "oil" wherever appearing.

1996 - Subsec. (a)(5), (6). Pub. L. 104-324 added pars. (5) and

(6).

SHORT TITLE OF 1996 AMENDMENT

Section 501 of title V of Pub. L. 104-324 provided that: "This

title [amending this section and sections 1502 to 1504, 1507, and

1509 of this title, repealing section 1506 of this title, and

enacting provisions set out as a note under this section] may be

cited as the 'Deepwater Port Modernization Act'."

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-419, Sec. 1, Sept. 25, 1984, 98 Stat. 1607, provided:

"That this Act [amending sections 1502, 1503, 1504, 1506, 1507,

1517, and 1518 of this title and enacting provisions set out as a

note under section 1518 of this title] may be cited as the

'Deepwater Port Act Amendments of 1984'."

SHORT TITLE

Section 1 of Pub. L. 93-627 provided: "That this Act [enacting

this chapter and amending section 1333 of Title 43, Public Lands]

may be cited as the 'Deepwater Port Act of 1974'."

CONGRESSIONAL PURPOSES FOR 1996 AMENDMENTS

Section 502(a) of title V of Pub. L. 104-324 provided that: "The

purposes of this title [see Short Title of 1996 Amendment note

above] are to -

"(1) update and improve the Deepwater Port Act of 1974 [33

U.S.C. 1501 et seq.];

"(2) assure that the regulation of deepwater ports is not more

burdensome or stringent than necessary in comparison to the

regulation of other modes of importing or transporting oil;

"(3) recognize that deepwater ports are generally subject to

effective competition from alternative transportation modes and

eliminate, for as long as a port remains subject to effective

competition, unnecessary Federal regulatory oversight or

involvement in the ports' business and economic decisions; and

"(4) promote innovation, flexibility, and efficiency in the

management and operation of deepwater ports by removing or

reducing any duplicative, unnecessary, or overly burdensome

Federal regulations or license provisions."

DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND

Penalties paid pursuant to this chapter and sections 1319(c) and

1321 of this title to be deposited in the Oil Spill Liability Trust

Fund created under section 9509 of Title 26, Internal Revenue Code,

see section 4304 of Pub. L. 101-380, set out as a note under

section 9509 of Title 26.

ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS

For provisions relating to environmental effects abroad of major

Federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R.

1957, set out as a note under section 4321 of Title 42, The Public

Health and Welfare.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

33 USC Sec. 1502 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1502. Definitions

-STATUTE-

As used in this chapter, unless the context otherwise requires,

the term -

(1) "adjacent coastal State" means any coastal State which (A)

would be directly connected by pipeline to a deepwater port, as

proposed in an application; (B) would be located within 15 miles

of any such proposed deepwater port; or (C) is designated by the

Secretary in accordance with section 1508(a)(2) of this title;

(2) "affiliate" means any entity owned or controlled by, any

person who owns or controls, or any entity which is under common

ownership or control with an applicant, licensee, or any person

required to be disclosed pursuant to section 1504(c)(2)(A) or (B)

of this title;

(3) "application" means an application submitted under this Act

for a license for the ownership, construction, and operation of a

deepwater port;

(4) "citizen of the United States" means any person who is a

United States citizen by law, birth, or naturalization, any

State, any agency of a State or a group of States, or any

corporation, partnership, or association organized under the laws

of any State which has as its president or other executive

officer and as its chairman of the board of directors, or holder

of a similar office, a person who is a United States citizen by

law, birth or naturalization and which has no more of its

directors who are not United States citizens by law, birth or

naturalization than constitute a minority of the number required

for a quorum necessary to conduct the business of the board;

(5) "coastal environment" means the navigable waters (including

the lands therein and thereunder) and the adjacent shorelines

including (!1) waters therein and thereunder). The term includes

transitional and intertidal areas, bays, lagoons, salt marshes,

estuaries, and beaches; the fish, wildlife and other living

resources thereof; and the recreational and scenic values of such

lands, waters and resources;

(6) "coastal State" means any State of the United States in or

bordering on the Atlantic, Pacific, or Arctic Oceans, or the Gulf

of Mexico;

(7) "construction" means the supervising, inspection, actual

building, and all other activities incidental to the building,

repairing, or expanding of a deepwater port or any of its

components, including, but not limited to, pile driving and

bulkheading, and alterations, modifications, or additions to the

deepwater port;

(8) "control" means the power, directly or indirectly, to

determine the policy, business practices, or decisionmaking

process of another person, whether by stock or other ownership

interest, by representation on a board of directors or similar

body, by contract or other agreement with stockholders or others,

or otherwise;

(9) "deepwater port" -

(A) means any fixed or floating manmade structure other than

a vessel, or any group of such structures, that are located

beyond State seaward boundaries and that are used or intended

for use as a port or terminal for the transportation, storage,

or further handling of oil or natural gas for transportation to

any State, except as otherwise provided in section 1522 of this

title, and for other uses not inconsistent with the purposes of

this chapter, including transportation of oil or natural gas

from the United States outer continental shelf;

(B) includes all components and equipment, including

pipelines, pumping stations, service platforms, buoys, mooring

lines, and similar facilities to the extent they are located

seaward of the high water mark;

with respect to natural gas, includes all components and

equipment, including pipelines, pumping or compressor stations,

service platforms, buoys, mooring lines, and similar facilities

that are proposed or approved for construction and operation as

part of a deepwater port, to the extent that they are located

seaward of the high water mark and do not include

interconnecting facilities; and

(D) shall be considered a "new source" for purposes of the

Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water

Pollution Control Act (33 U.S.C. 1251 et seq.);

(10) "Governor" means the Governor of a State or the person

designated by State law to exercise the powers granted to the

Governor pursuant to this chapter;

(11) "licensee" means a citizen of the United States holding a

valid license for the ownership, construction, and operation of a

deepwater port that was issued, transferred, or renewed pursuant

to this chapter;

(12) "marine environment" includes the coastal environment,

waters of the contiguous zone, and waters of the high seas; the

fish, wildlife, and other living resources of such waters; and

the recreational and scenic values of such waters and resources;

(13) "natural gas" means either natural gas unmixed, or any

mixture of natural or artificial gas, including compressed or

liquefied natural gas;

(14) "oil" means petroleum, crude oil, and any substance

refined from petroleum or crude oil;

(15) "person" includes an individual, a public or private

corporation, a partnership or other association, or a government

entity;

(16) "safety zone" means the safety zone established around a

deepwater port as determined by the Secretary in accordance with

section 1509(d) of this title;

(17) "Secretary" means the Secretary of Transportation;

(18) "State" includes each of the States of the United States,

the District of Columbia, the Commonwealth of Puerto Rico, and

the territories and possessions of the United States; and

(19) "vessel" means every description of watercraft or other

artificial contrivance used as a means of transportation on or

through the water.

-SOURCE-

(Pub. L. 93-627, Sec. 3, Jan. 3, 1975, 88 Stat. 2127; Pub. L.

98-419, Sec. 2(a), Sept. 25, 1984, 98 Stat. 1607; Pub. L. 104-324,

title V, Sec. 503, Oct. 19, 1996, 110 Stat. 3926; Pub. L. 107-295,

title I, Sec. 106(b), Nov. 25, 2002, 116 Stat. 2086.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in par. (9)(D), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

The Federal Water Pollution Control Act, as amended, referred to

in par. (9)(D), is act June 30, 1948, ch. 758, as amended generally

by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 1251 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1251 of this title and

Tables.

-MISC1-

AMENDMENTS

2002 - Par. (9). Pub. L. 107-295, Sec. 106(b)(2), amended par.

(9) generally. Prior to amendment, par. (9) read as follows: "

'deepwater port' means any fixed or floating manmade structures

other than a vessel, or any group of structures, located beyond the

territorial sea and off the coast of the United States and which

are used or intended for use as a port or terminal for the

transportation, storage, and further handling of oil for

transportation to any State, except as otherwise provided in

section 1522 of this title, and for other uses not inconsistent

with the purposes of this chapter, including transportation of oil

from the United States outer continental shelf. The term includes

all associated components and equipment, including pipelines,

pumping stations, service platforms, mooring buoys, and similar

appurtenances to the extent they are located seaward of the high

water mark. A deepwater port shall be considered a 'new source' for

purposes of the Clean Air Act, as amended, and the Federal Water

Pollution Control Act, as amended;".

Pars. (13) to (19). Pub. L. 107-295, Sec. 106(b)(1), (3), added

par. (13) and redesignated former pars. (13) to (18) as (14) to

(19), respectively.

1996 - Pars. (3) to (8). Pub. L. 104-324, Sec. 503(a),

redesignated pars. (4) to (9) as (3) to (8), respectively, and

struck out former par. (3) which read as follows: " 'antitrust

laws' includes the Act of July 2, 1890, as amended, the Act of

October 15, 1914, as amended, the Federal Trade Commission Act (15

U.S.C. 41 et seq.), and sections 73 and 74 of the Act of August 27,

1894, as amended;".

Par. (9). Pub. L. 104-324, Sec. 503(a)(2), (b), redesignated par.

(10) as (9) and substituted "structures, located beyond the

territorial sea and off the coast of the United States and which

are used or intended for use as a port or terminal for the

transportation, storage, and further handling of oil for

transportation to any State, except as otherwise provided in

section 1522 of this title, and for other uses not inconsistent

with the purposes of this chapter, including transportation of oil

from the United States outer continental shelf." for "such

structures, located beyond the territorial sea and off the coast of

the United States and which are used or intended for use as a port

or terminal for the loading or unloading and further handling of

oil for transportation to any State, except as otherwise provided

in section 1522 of this title." Former par. (9) redesignated (8).

Pars. (10) to (19). Pub. L. 104-324, Sec. 503(a)(2), redesignated

pars. (11) to (19) as (10) to (18), respectively. Former par. (10)

redesignated (9).

1984 - Par. (4). Pub. L. 98-419 substituted "means an

application" for "means any application", struck out designation

"(A)" before "for a license", and struck out cls. (B) and (C) which

provided that "application" meant any application submitted under

this chapter for transfer of any license referred to in this

paragraph, or for any substantial change in any of the conditions

and provisions of any such license.

-EXEC-

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

For extension of territorial sea and contiguous zone of United

States, see Proc. No. 5928 and Proc. No. 7219, respectively, set

out as notes under section 1331 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2704 of this title; title

16 section 1453.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by an opening

parenthesis.

-End-

-CITE-

33 USC Sec. 1503 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1503. License for ownership, construction, and operation of

deepwater port

-STATUTE-

(a) Requirement

No person may engage in the ownership, construction, or operation

of a deepwater port except in accordance with a license issued

pursuant to this chapter. No person may transport or otherwise

transfer any oil or natural gas between a deepwater port and the

United States unless such port has been so licensed and the license

is in force.

(b) Issuance, transfer, amendment, or reinstatement

The Secretary may -

(1) on application, issue a license for the ownership,

construction, and operation of a deepwater port; and

(2) on petition of the licensee, amend, transfer, or reinstate

a license issued under this chapter.

The Secretary may issue a license in accordance with the

provisions of this chapter if -

(1) he determines that the applicant is financially responsible

and will meet the requirements of section 2716 of this title (!1)

(2) he determines that the applicant can and will comply with

applicable laws, regulations, and license conditions;

(3) he determines that the construction and operation of the

deepwater port will be in the national interest and consistent

with national security and other national policy goals and

objectives, including energy sufficiency and environmental

quality;

(4) he determines that the deepwater port will not unreasonably

interfere with international navigation or other reasonable uses

of the high seas, as defined by treaty, convention, or customary

international law;

(5) he determines, in accordance with the environmental review

criteria established pursuant to section 1505 of this title, that

the applicant has demonstrated that the deepwater port will be

constructed and operated using best available technology, so as

to prevent or minimize adverse impact on the marine environment;

(6) he has not been informed, within 45 days of the last public

hearing on a proposed license for a designated application area,

by the Administrator of the Environmental Protection Agency that

the deepwater port will not conform with all applicable

provisions of the Clean Air Act, as amended [42 U.S.C. 7401 et

seq.], the Federal Water Pollution Control Act, as amended [33

U.S.C. 1251 et seq.], or the Marine Protection, Research and

Sanctuaries Act, as amended [16 U.S.C. 1431 et seq., 1447 et

seq.; 33 U.S.C. 1401 et seq., 2801 et seq.];

(7) he has consulted with the Secretary of the Army, the

Secretary of State, and the Secretary of Defense, to determine

their views on the adequacy of the application, and its effect on

programs within their respective jurisdictions;

(8) the Governor of the adjacent coastal State of States,

pursuant to section 1508 of this title, approves, or is presumed

to approve, issuance of the license; and

(9) the adjacent coastal State to which the deepwater port is

to be directly connected by pipeline has developed, or is making,

at the time the application is submitted, reasonable progress, as

determined in accordance with section 1508(c) of this title,

toward developing, an approved coastal zone management program

pursuant to the Coastal Zone Management Act of 1972 [16 U.S.C.

1451 et seq.].

(d) Application for license subject to examination and comparison

of economic, social, and environmental effects of deepwater port

facility and deep draft channel and harbor; finality of

determination

If an application is made under this chapter for a license to

construct a deepwater port facility off the coast of a State, and a

port of the State which will be directly connected by pipeline with

such deepwater port, on the date of such application -

(1) has existing plans for construction of a deep draft channel

and harbor; and

(2) has either (A) an active study by the Secretary of the Army

relating to the construction of a deep draft channel and harbor,

or (B) a pending application for a permit under section 403 of

this title for such construction; and

(3) applies to the Secretary for a determination under this

section within 30 days of the date of the license application;

the Secretary shall not issue a license under this chapter until he

has examined and compared the economic, social, and environmental

effects of the construction and operation of the deepwater port

with the economic, social and environmental effects of the

construction, expansion, deepening, and operation of such State

port, and has determined which project best serves the national

interest or that both developments are warranted. The Secretary's

determination shall be discretionary and nonreviewable.

(e) Additional conditions; removal requirements, waiver; Outer

Continental Shelf Lands Act applicable to utilization of

components upon waiver of removal requirements

(1) In issuing a license for the ownership, construction, and

operation of a deepwater port, the Secretary shall prescribe those

conditions which the Secretary deems necessary to carry out the

provisions and requirements of this chapter (!2) or which are

otherwise required by any Federal department or agency pursuant to

the terms of this chapter.(!2) To the extent practicable,

conditions required to carry out the provisions and requirements of

this chapter (!2) shall be addressed in license conditions rather

than by regulation and, to the extent practicable, the license

shall allow a deepwater port's operating procedures to be stated in

an operations manual, approved by the Coast Guard, in accordance

with section 1509(a) of this title, rather than in detailed and

specific license conditions or regulations; except that basic

standards and conditions shall be addressed in regulations. On

petition of a licensee, the Secretary shall review any condition of

a license issued under this chapter to determine if that condition

is uniform, insofar as practicable, with the conditions of other

licenses issued under this chapter, reasonable, and necessary to

meet the objectives of this chapter. The Secretary shall amend or

rescind any condition that is no longer necessary or otherwise

required by any Federal department or agency under this chapter.

(2) No license shall be issued, transferred, or renewed under

this chapter unless the licensee or transferee first agrees in

writing that (A) there will be no substantial change from the

plans, operational systems, and methods, procedures, and safeguards

set forth in his license, as approved, without prior approval in

writing from the Secretary; and (B) he will comply with any

condition the Secretary may prescribe in accordance with the

provisions of this chapter.

(3) The Secretary shall establish such bonding requirements or

other assurances as he deems necessary to assure that, upon the

revocation or termination of a license, the licensee will remove

all components of the deepwater port. In the case of components

lying in the subsoil below the seabed, the Secretary is authorized

to waive the removal requirements if he finds that such removal is

not otherwise necessary and that the remaining components do not

constitute any threat to navigation or to the environment. At the

request of the licensee, the Secretary, after consultation with the

Secretary of the Interior, is authorized to waive the removal

requirement as to any components which he determines may be

utilized in connection with the transportation of oil, natural gas,

or other minerals, pursuant to a lease granted under the provisions

of the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.],

after which waiver the utilization of such components shall be

governed by the terms of the Outer Continental Shelf Lands Act.

(f) Amendments, transfers, and reinstatements

The Secretary may amend, transfer, or reinstate a license issued

under this chapter (!2) if the Secretary finds that the amendment,

transfer, or reinstatement is consistent with the requirements of

this chapter.

(g) Eligible citizens

Any citizen of the United States who otherwise qualifies under

the terms of this chapter shall be eligible to be issued a license

for the ownership, construction, and operation of a deepwater port.

(h) Term of license

A license issued under this chapter remains in effect unless

suspended or revoked by the Secretary or until surrendered by the

licensee.

-SOURCE-

(Pub. L. 93-627, Sec. 4, Jan. 3, 1975, 88 Stat. 2128; Pub. L.

98-419, Sec. 2(b)-(e), Sept. 25, 1984, 98 Stat. 1607; Pub. L.

101-380, title II, Sec. 2003(a)(1), Aug. 18, 1990, 104 Stat. 507;

Pub. L. 104-324, title V, Sec. 504, Oct. 19, 1996, 110 Stat. 3926;

Pub. L. 107-295, title I, Sec. 106(a)(2), Nov. 25, 2002, 116 Stat.

2086.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (c)(6), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

The Federal Water Pollution Control Act, as amended, referred to

in subsec. (c)(6), is act June 30, 1948, ch. 758, as amended

generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,

which is classified generally to chapter 26 (Sec. 1251 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1251 of this title and

Tables.

The Marine Protection, Research and Sanctuaries Act, referred to

subsec. (c)(6), probably means Pub. L. 92-532, Oct. 23, 1972, 86

Stat. 1052, as amended, known as the Marine Protection, Research,

and Sanctuaries Act of 1972, which is classified generally to

chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801 et seq.) of this

title and chapters 32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et

seq.) of Title 16, Conservation. For complete classification of

this Act to the Code, see Short Title note set out under section

1401 of this title and Tables.

The Coastal Zone Management Act of 1972, referred to in subsec.

(c)(9), is title III of Pub. L. 89-454, as added by Pub. L. 92-583,

Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified

generally to chapter 33 (Sec. 1451 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 1451 of Title 16 and

Tables.

This chapter, referred to first three times in subsec. (e)(1) and

first time in subsec. (f), was in the original "this title" and was

translated as reading "this Act", meaning Pub. L. 93-627, which is

classified generally to this chapter, to reflect the probable

intent of Congress, because Pub. L. 93-627 does not contain titles.

The Outer Continental Shelf Lands Act, referred to in subsec.

(e)(3), is act Aug. 7, 1953, ch. 345, Sec. 2, 67 Stat. 462, as

amended, which is classified generally to subchapter III (Sec. 1331

et seq.) of chapter 29 of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1331 of Title 43 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-295 inserted "or natural gas"

after "oil".

1996 - Subsec. (a). Pub. L. 104-324, Sec. 504(a), struck out at

end "A deepwater port, licensed pursuant to the provisions of this

chapter, may not be utilized -

"(1) for the loading and unloading of commodities or materials

(other than oil) transported from the United States, other than

materials to be used in the construction, maintenance, or

operation of the high seas oil port, to be used as ship supplies,

including bunkering for vessels utilizing the high seas oil port,

"(2) for the transshipment of commodities or materials, to the

United States, other than oil,

"(3) except in cases where the Secretary otherwise by rule

provides, for the transshipment of oil, destined for locations

outside the United States."

Subsec. (c)(7) to (10). Pub. L. 104-324, Sec. 504(b),

redesignated pars. (8) to (10) as (7) to (9), respectively, and

struck out former par. (7) which read as follows: "he has received

the opinions of the Federal Trade Commission and the Attorney

General, pursuant to section 1506 of this title, as to whether

issuance of the license would adversely affect competition,

restrain trade, promote monopolization, or otherwise create a

situation in contravention of the antitrust laws;".

Subsec. (e)(1). Pub. L. 104-324, Sec. 504(c), substituted "In

issuing a license for the ownership, construction, and operation of

a deepwater port, the Secretary shall prescribe those conditions

which the Secretary deems necessary to carry out the provisions and

requirements of this chapter or which are otherwise required by any

Federal department or agency pursuant to the terms of this chapter.

To the extent practicable, conditions required to carry out the

provisions and requirements of this chapter shall be addressed in

license conditions rather than by regulation and, to the extent

practicable, the license shall allow a deepwater port's operating

procedures to be stated in an operations manual, approved by the

Coast Guard, in accordance with section 1509(a) of this title,

rather than in detailed and specific license conditions or

regulations; except that basic standards and conditions shall be

addressed in regulations." for "In issuing a license for the

ownership, construction, and operation of a deepwater port, the

Secretary shall prescribe any conditions which he deems necessary

to carry out the provisions of this chapter, or which are otherwise

required by any Federal department or agency pursuant to the terms

of this chapter."

Subsec. (e)(2). Pub. L. 104-324, Sec. 504(d), substituted "his

license" for "his application".

Subsec. (f). Pub. L. 104-324, Sec. 504(e), inserted heading and

amended text generally. Prior to amendment, text read as follows:

"The Secretary may amend, transfer, or reinstate a license issued

under this chapter if the amendment, transfer, or reinstatement is

consistent with the findings made at the time the license was

issued."

1990 - Subsec. (c)(1). Pub. L. 101-380 substituted "section 2716

of this title" for "section 1517(l) of this title;".

1984 - Subsec. (b). Pub. L. 98-419, Sec. 2(b), substituted

provisions authorizing the Secretary, on application, to issue a

license for the ownership, construction, and operation of a

deepwater port and, on petition of the licensee, to amend,

transfer, or reinstate a license issued under this chapter for

provisions which had authorized the Secretary, upon application and

in accordance with the provisions of this chapter, to issue,

transfer, amend, or renew a license for the ownership,

construction, and operation of a deepwater port.

Subsec. (e)(1). Pub. L. 98-419, Sec. 2(e), inserted provision

that on petition of a licensee, the Secretary shall review any

condition of a license issued under this chapter to determine if

that condition is uniform, insofar as practicable, with the

conditions of other licenses issued under this chapter and is

reasonable, and necessary to meet the objectives of this chapter,

and that the Secretary shall amend or rescind any condition that is

no longer necessary or otherwise required by any Federal department

or agency under this chapter.

Subsec. (f). Pub. L. 98-419, Sec. 2(c), substituted provisions

authorizing the Secretary to amend, transfer, or reinstate a

license issued under this chapter if the amendment, transfer, or

reinstatement is consistent with the findings made at the time the

license was issued for provisions which had authorized the

Secretary to transfer such licenses if the Secretary determined

that such transfer was in the public interest and that the

transferee met the requirements of this chapter and the

prerequisites to issuance under subsec. (c) of this section.

Subsec. (h). Pub. L. 98-419, Sec. 2(d), substituted provision

that a license issued under this chapter remain in effect unless

suspended or revoked by the Secretary or until surrendered by the

licensee for provisions which had limited the terms of licenses to

not more than 20 years and which had granted each licensee a

preferential right of renewal for not more than 10 years, subject

to subsec. (c), upon such conditions and for such term as

determined by the Secretary to be reasonable and appropriate.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1504 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a semicolon.

(!2) See References in Text note below.

-End-

-CITE-

33 USC Sec. 1504 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1504. Procedure

-STATUTE-

(a) Regulations; issuance, amendment, or rescission; scope

The Secretary shall, as soon as practicable after January 3,

1975, and after consultation with other Federal agencies, issue

regulations to carry out the purposes and provisions of this

chapter in accordance with the provisions of section 553 of title

5, without regard to subsection (a) thereof. Such regulations shall

pertain to, but need not be limited to, application, issuance,

transfer, renewal, suspension, and termination of licenses. Such

regulations shall provide for full consultation and cooperation

with all other interested Federal agencies and departments and with

any potentially affected coastal State, and for consideration of

the views of any interested members of the general public. The

Secretary is further authorized, consistent with the purposes and

provisions of this chapter, to amend or rescind any such

regulation.

(b) Additional regulations; criteria for site evaluation and

preconstruction testing

The Secretary, in consultation with the Secretary of the Interior

and the Administrator of the National Oceanic and Atmospheric

Administration, shall, as soon as practicable after January 3,

1975, prescribe regulations relating to those activities involved

in site evaluation and preconstruction testing at potential

deepwater port locations that may (1) adversely affect the

environment; (2) interfere with authorized uses of the Outer

Continental Shelf; or (3) pose a threat to human health and

welfare. Such activity may thenceforth not be undertaken except in

accordance with regulations prescribed pursuant to this subsection.

Such regulations shall be consistent with the purposes of this

chapter.

Federal Register; application contents; exemption

(1) Any person making an application under this chapter shall

submit detailed plans to the Secretary. Within 21 days after the

receipt of an application, the Secretary shall determine whether

the application appears to contain all of the information required

by paragraph (2) hereof. If the Secretary determines that such

information appears to be contained in the application, the

Secretary shall, no later than 5 days after making such a

determination, publish notice of the application and a summary of

the plans in the Federal Register. If the Secretary determines that

all of the required information does not appear to be contained in

the application, the Secretary shall notify the applicant and take

no further action with respect to the application until such

deficiencies have been remedied.

(2) Each application shall include such financial, technical, and

other information as the Secretary deems necessary or appropriate.

Such information shall include, but need not be limited to -

(A) the name, address, citizenship, telephone number, and the

ownership interest in the applicant, of each person having any

ownership interest in the applicant of greater than 3 per centum;

(B) to the extent feasible, the name, address, citizenship, and

telephone number of any person with whom the applicant has made,

or proposes to make, a significant contract for the construction

or operation of the deepwater port and a copy of any such

contract;

each affiliate of the applicant and of any person required to be

disclosed pursuant to subparagraphs (A) or (B) of this paragraph,

together with a description of the manner in which such affiliate

is associated with the applicant or any person required to be

disclosed under subparagraph (A) or (B) of this paragraph;

(D) the proposed location and capacity of the deepwater port,

including all components thereof;

(E) the type and design of all components of the deepwater port

and any storage facilities associated with the deepwater port;

(F) with respect to construction in phases, a detailed

description of each phase, including anticipated dates of

completion for each of the specific components thereof;

(G) the location and capacity of existing and proposed storage

facilities and pipelines which will store or transport oil

transported through the deepwater port, to the extent known by

the applicant or any person required to be disclosed pursuant to

subparagraphs (A), (B), or (C) of this paragraph;

(H) with respect to any existing and proposed refineries which

will receive oil transported through the deepwater port, the

location and capacity of each such refinery and the anticipated

volume of such oil to be refined by each such refinery, to the

extent known by the applicant or any person required to be

disclosed pursuant to subparagraphs (A), (B), or (C) of this

paragraph;

(I) the financial and technical capabilities of the applicant

to construct or operate the deepwater port;

(J) other qualifications of the applicant to hold a license

under this chapter;

(K) a description of procedures to be used in constructing,

operating, and maintaining the deepwater port, including systems

of oil spill prevention, containment, and cleanup; and

(L) such other information as may be required by the Secretary

to determine the environmental impact of the proposed deepwater

port.

(3) Upon written request of any person subject to this

subsection, the Secretary may make a determination in writing to

exempt such person from any of the informational filing provisions

enumerated in this subsection or the regulations implementing this

section if the Secretary determines that such information is not

necessary to facilitate the Secretary's determinations under

section 1503 of this title and that such exemption will not limit

public review and evaluation of the deepwater port project.

(d) Application area; publication in Federal Register; "application

area" defined; submission of other applications; notice of intent

and submission of completed applications; denial of pending

application prior to consideration of other untimely applications

(1) At the time notice of an application is published pursuant to

subsection (c) of this section, the Secretary shall publish a

description in the Federal Register of an application area

encompassing the deepwater port site proposed by such application

and within which construction of the proposed deepwater port would

eliminate, at the time such application was submitted, the need for

any other deepwater port within that application area.

(2) As used in this section, "application area" means any

reasonable geographical area within which a deepwater port may be

constructed and operated. Such application area shall not exceed a

circular zone, the center of which is the principal point of

loading and unloading at the port, and the radius of which is the

distance from such point to the high water mark of the nearest

adjacent coastal State.

(3) The Secretary shall accompany such publication with a call

for submission of any other applications for licenses for the

ownership, construction, and operation of a deepwater port within

the designated application area. Persons intending to file

applications for such license shall submit a notice of intent to

file an application with the Secretary not later than 60 days after

the publication of notice pursuant to subsection (c) of this

section and shall submit the completed application no later than 90

days after publication of such notice. The Secretary shall publish

notice of any such application received in accordance with

subsection (c) of this section. No application for a license for

the ownership, construction, and operation of a deepwater port

within the designated application area for which a notice of intent

to file was received after such 60-day period, or which is received

after such 90-day period has elapsed, shall be considered until the

application pending with respect to such application area have been

denied pursuant to this chapter.

(4) This subsection shall not apply to deepwater ports for

natural gas.

(e) Recommendations to Secretary of Transportation; application for

all Federal authorizations; copies of application to Federal

agencies and departments with jurisdiction; recommendation of

approval or disapproval and of manner of amendment to comply with

laws or regulations

(1) Not later than 30 days after January 3, 1975, the Secretary

of the Interior, the Administrator of the Environmental Protection

Agency, the Chief of Engineers of the United States Army Corps of

Engineers, the Administrator of the National Oceanic and

Atmospheric Administration, and the heads of any other Federal

department or agencies having expertise concerning, or jurisdiction

over, any aspect of the construction or operation of deepwater

ports shall transmit to the Secretary written comments as to their

expertise or statutory responsibilities pursuant to this chapter or

any other Federal law.

(2) An application filed with the Secretary shall constitute an

application for all Federal authorizations required for ownership,

construction, and operation of a deepwater port. At the time notice

of any application is published pursuant to subsection (c) of this

section, the Secretary shall forward a copy of such application to

those Federal agencies and departments with jurisdiction over any

aspect of such ownership, construction, or operation for comment,

review, or recommendation as to conditions and for such other

action as may be required by law. Each agency or department

involved shall review the application and, based upon legal

considerations within its area of responsibility, recommend to the

Secretary, the approval or disapproval of the application not later

than 45 days after the last public hearing on a proposed license

for a designated application area. In any case in which the agency

or department recommends disapproval, it shall set forth in detail

the manner in which the application does not comply with any law or

regulation within its area of responsibility and shall notify the

Secretary how the application may be amended so as to bring it into

compliance with the law or regulation involved.

(f) NEPA compliance

For all applications, the Secretary, in cooperation with other

involved Federal agencies and departments, shall comply with the

National Environmental Policy Act of 1969 (42 U.S.C. 4332) [42

U.S.C. 4321 et seq.]. Such compliance shall fulfill the requirement

of all Federal agencies in carrying out their responsibilities

under the National Environmental Policy Act of 1969 pursuant to

this chapter.

(g) Public notice and hearings; evidentiary hearing in District of

Columbia; decision of Secretary based on evidentiary record;

consolidation of hearings

A license may be issued only after public notice and public

hearings in accordance with this subsection. At least one such

public hearing shall be held in each adjacent coastal State. Any

interested person may present relevant material at any hearing.

After hearings in each adjacent coastal State are concluded if the

Secretary determines that there exists one or more specific and

material factual issues which may be resolved by a formal

evidentiary hearing, at least one adjudicatory hearing shall be

held in accordance with the provisions of section 554 of title 5 in

the District of Columbia. The record developed in any such

adjudicatory hearing shall be basis for the Secretary's decision to

approve or deny a license. Hearings held pursuant to this

subsection shall be consolidated insofar as practicable with

hearings held by other agencies. All public hearings on all

applications for any designated application area shall be

consolidated and shall be concluded not later than 240 days after

notice of the initial application has been published pursuant to

subsection (c) of this section.

(h) Nonrefundable application fee; processing costs; State fees;

"land-based facilities directly related to a deepwater port

facility" defined; fair market rental value, advance payment

(1) Each person applying for a license pursuant to this chapter

shall remit to the Secretary at the time the application is filed a

nonrefundable application fee established by regulation by the

Secretary. In addition, an applicant shall also reimburse the

United States and the appropriate adjacent coastal State for any

additional costs incurred in processing an application.

(2) Notwithstanding any other provision of this chapter, and

unless prohibited by law, an adjacent coastal State may fix

reasonable fees for the use of a deepwater port facility, and such

State and any other State in which land-based facilities directly

related to a deepwater port facility are located may set reasonable

fees for the use of such land-based facilities. Fees may be fixed

under authority of this paragraph as compensation for any economic

cost attributable to the construction and operation of such

deepwater port and such land-based facilities, which cannot be

recovered under other authority of such State or political

subdivision thereof, including, but not limited to, ad valorem

taxes, and for environmental and administrative costs attributable

to the construction and operation of such deepwater port and such

land-based facilities. Fees under this paragraph shall not exceed

such economic, environmental, and administrative costs of such

State. Such fees shall be subject to the approval of the Secretary.

As used in this paragraph, the term "land-based facilities directly

related to a deepwater port facility" means the onshore tank farm

and pipelines connecting such tank farm to the deepwater port

facility.

(3) A licensee shall pay annually in advance the fair market

rental value (as determined by the Secretary of the Interior) of

the subsoil and seabed of the Outer Continental Shelf of the United

States to be utilized by the deepwater port, including the fair

market rental value of the right-of-way necessary for the pipeline

segment of the port located on such subsoil and seabed.

(i) Application approval; period for determination; priorities;

criteria for determination of application best serving national

interest

(1) The Secretary shall approve or deny any application for a

designated application area submitted pursuant to this chapter not

later than 90 days after the last public hearing on a proposed

license for that area.

(2) In the event more than one application is submitted for an

application area, the Secretary, unless one of the proposed

deepwater ports clearly best serves the national interest, shall

issue a license according to the following order of priorities:

(A) to an adjacent coastal State (or combination of States),

any political subdivision thereof, or agency or instrumentality,

including a wholly owned corporation of any such government;

(B) to a person who is neither (i) engaged in producing,

refining, or marketing oil, nor (ii) an affiliate of any person

who is engaged in producing, refining, or marketing oil or an

affiliate of any such affiliate;

(3) In determining whether any one proposed deepwater port

clearly best serves the national interest, the Secretary shall

consider the following factors:

(A) the degree to which the proposed deepwater ports affect the

environment, as determined under criteria established pursuant to

section 1505 of this title;

(B) any significant differences between anticipated completion

dates for the proposed deepwater ports; and

the proposed deepwater ports, to the extent that such

differential may significantly affect the ultimate cost of oil to

the consumer.

(4) The Secretary shall approve or deny any application for a

deepwater port for natural gas submitted pursuant to this chapter

not later than 90 days after the last public hearing on a proposed

license. Paragraphs (1), (2), and (3) of this subsection shall not

apply to an application for a deepwater port for natural gas.

-SOURCE-

(Pub. L. 93-627, Sec. 5, Jan. 3, 1975, 88 Stat. 2131; Pub. L.

98-419, Sec. 2(f), Sept. 25, 1984, 98 Stat. 1607; Pub. L. 104-324,

title V, Sec. 505, Oct. 19, 1996, 110 Stat. 3927; Pub. L. 107-295,

title I, Sec. 106(c), (f), (g), Nov. 25, 2002, 116 Stat.

2086-2088.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (f), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(4). Pub. L. 107-295, Sec. 106(c)(1), added

par. (4).

Subsec. (f). Pub. L. 107-295, Sec. 106(f), substituted "NEPA

compliance" for "Environmental impact statement for single

application area; criteria" in heading and amended text generally.

Prior to amendment, text read as follows: "For all timely

applications covering a single application area, the Secretary, in

cooperation with other involved Federal agencies and departments,

shall, pursuant to section 4332(2)(C) of title 42, prepare a

single, detailed environmental impact statement, which shall

fulfill the requirement of all Federal agencies in carrying out

their responsibilities pursuant to this chapter to prepare an

environmental impact statement. In preparing such statement the

Secretary shall consider the criteria established under section

1505 of this title."

Subsec. (h)(2). Pub. L. 107-295, Sec. 106(g), inserted "and

unless prohibited by law," after "Notwithstanding any other

provision of this chapter,".

Subsec. (i)(4). Pub. L. 107-295, Sec. 106(c)(2), added par. (4).

1996 - Subsec. (c)(3). Pub. L. 104-324 added par. (3).

1984 - Subsec. (g). Pub. L. 98-419 substituted "issued" for

"issued, transferred, or renewed".

REGULATIONS

Pub. L. 107-295, title I, Sec. 106(e), Nov. 25, 2002, 116 Stat.

2087, provided that:

"(1) Agency and department expertise and responsibilities. - Not

later than 30 days after the date of the enactment of this Act

[Nov. 25, 2002], the heads of Federal departments or agencies

having expertise concerning, or jurisdiction over, any aspect of

the construction or operation of deepwater ports for natural gas

shall transmit to the Secretary of Transportation written comments

as to such expertise or statutory responsibilities pursuant to the

Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) or any other

Federal law.

"(2) Interim final rule. - The Secretary may issue an interim

final rule as a temporary regulation implementing this section

[amending this section and sections 1501 to 1503, 1507, and 1520 of

this title] (including the amendments made by this section) as soon

as practicable after the date of enactment of this section, without

regard to the provisions of chapter 5 of title 5, United States

Code.

"(3) Final rules. - As soon as practicable after the date of the

enactment of this Act, the Secretary of Transportation shall issue

additional final rules that, in the discretion of the Secretary,

are determined to be necessary under the Deepwater Port Act of 1974

(33 U.S.C. 1501 et seq.) for the application and issuance of

licenses for a deepwater port for natural gas."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1503, 1505, 1508, 1509,

1513 of this title.

-End-

-CITE-

33 USC Sec. 1505 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1505. Environmental review criteria

-STATUTE-

(a) Establishment; evaluation of proposed deepwater ports

The Secretary, in accordance with the recommendations of the

Administrator of the Environmental Protection Agency and the

Administrator of the National Oceanic and Atmospheric

Administration and after consultation with any other Federal

departments and agencies having jurisdiction over any aspect of the

construction or operation of a deepwater port, shall establish, as

soon as practicable after January 3, 1975, environmental review

criteria consistent with the National Environmental Policy Act [42

U.S.C. 4321 et seq.]. Such criteria shall be used to evaluate a

deepwater port as proposed in an application, including -

(1) the effect on the marine environment;

(2) the effect on oceanographic currents and wave patterns;

(3) the effect on alternate uses of the oceans and navigable

waters, such as scientific study, fishing, and exploitation of

other living and nonliving resources;

(4) the potential dangers to a deepwater port from waves,

winds, weather, and geological conditions, and the steps which

can be taken to protect against or minimize such dangers;

(5) effects of land-based developments related to deepwater

port development;

(6) the effect on human health and welfare; and

(7) such other considerations as the Secretary deems necessary

or appropriate.

(b) Review and revision

The Secretary shall periodically review and, whenever necessary,

revise in the same manner as originally developed, criteria

established pursuant to subsection (a) of this section.

Criteria established pursuant to this section shall be developed

concurrently with the regulations in subsection (a) of section 1504

of this title and in accordance with the provisions of that

subsection.

-SOURCE-

(Pub. L. 93-627, Sec. 6, Jan. 3, 1975, 88 Stat. 2135.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act, referred to in subsec.

(a), is Pub. L. 91-190, Sec. 2, Jan. 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1503, 1504 of this title.

-End-

-CITE-

33 USC Sec. 1506 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1506. Repealed. Pub. L. 104-324, title V, Sec. 506, Oct. 19,

1996, 110 Stat. 3927

-MISC1-

Section, Pub. L. 93-627, Sec. 7, Jan. 3, 1975, 88 Stat. 2135;

Pub. L. 98-419, Sec. 2(g), (h), Sept. 25, 1984, 98 Stat. 1607,

provided for antitrust review by Attorney General and Federal Trade

Commission prior to issuance of license for ownership,

construction, and operation of deepwater port.

-End-

-CITE-

33 USC Sec. 1507 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1507. Common carrier status

-STATUTE-

(a) Status of deepwater ports and storage facilities

A deepwater port and a storage facility serviced directly by that

deepwater port shall operate as a common carrier under applicable

provisions of part I of the Interstate Commerce Act and subtitle IV

of title 49, and shall accept, transport, or convey without

discrimination all oil delivered to the deepwater port with respect

to which its license is issued, except as provided by subsection

(b) of this section.

(b) Discrimination prohibition; exceptions

A licensee is not discriminating under this section and is not

subject to common carrier regulations under subsection (a) of this

section when that licensee -

(1) is subject to effective competition for the transportation

of oil from alternative transportation systems; and

(2) sets its rates, fees, charges, and conditions of service on

the basis of competition, giving consideration to other relevant

business factors such as the market value of services provided,

licensee's cost of operation, and the licensee's investment in

the deepwater port and a storage facility, and components

thereof, serviced directly by that deepwater port.

When the Secretary has reason to believe that a licensee is not

in compliance with this section, the Secretary shall commence an

appropriate proceeding before the Federal Energy Regulatory

Commission or request the Attorney General to take appropriate

steps to enforce compliance with this section and, when

appropriate, to secure the imposition of appropriate sanctions. In

addition, the Secretary may suspend or revoke the license of a

licensee not complying with its obligations under this section.

(d) Managed access

Subsections (a) and (b) of this section shall not apply to

deepwater ports for natural gas. A licensee of a deepwater port for

natural gas, or an affiliate thereof, may exclusively utilize the

entire capacity of the deepwater port and storage facilities for

the acceptance, transport, storage, regasification, or conveyance

of natural gas produced, processed, marketed, or otherwise obtained

by agreement by such licensee or its affiliates. The licensee may

make unused capacity of the deepwater port and storage facilities

available to other persons, pursuant to reasonable terms and

conditions imposed by the licensee, if such use does not otherwise

interfere in any way with the acceptance, transport, storage,

regasification, or conveyance of natural gas produced, processed,

marketed, or otherwise obtained by agreement by such licensee or

its affiliates.

(e) Jurisdiction

Notwithstanding any provision of the Natural Gas Act (15 U.S.C.

717 et seq.), any regulation or rule issued thereunder, or section

1518 of this title as it pertains to such Act, this chapter shall

apply with respect to the licensing, siting, construction, or

operation of a deepwater natural gas port or the acceptance,

transport, storage, regasification, or conveyance of natural gas at

or through a deepwater port, to the exclusion of the Natural Gas

Act or any regulation or rule issued thereunder.

-SOURCE-

(Pub. L. 93-627, Sec. 8, Jan. 3, 1975, 88 Stat. 2136; Pub. L.

98-419, Sec. 3(a), Sept. 25, 1984, 98 Stat. 1608; Pub. L. 104-324,

title V, Sec. 507, Oct. 19, 1996, 110 Stat. 3927; Pub. L. 107-295,

title I, Sec. 106(d), Nov. 25, 2002, 116 Stat. 2087.)

-REFTEXT-

REFERENCES IN TEXT

The Interstate Commerce Act, referred to in subsec. (a), is act

Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended. Part I of the Act,

which was classified to chapter 1 (Sec. 1 et seq.) of former Title

49, Transportation, was repealed by Pub. L. 95-473, Sec. 4(b), Oct.

17, 1978, 92 Stat. 1467, the first section of which enacted

subtitle IV (Sec. 10101 et seq.) of Title 49. For distribution of

former sections of Title 49 into the revised Title 49, see Table at

the beginning of Title 49.

The Natural Gas Act, referred to in subsec. (e), is act June 21,

1938, ch. 556, 52 Stat. 821, as amended, which is classified

generally to chapter 15B (Sec. 717 et seq.) of Title 15, Commerce

and Trade. For complete classification of this Act to the Code, see

section 717w of Title 15 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsecs. (d), (e). Pub. L. 107-295 added subsecs. (d) and

(e).

1996 - Subsec. (a). Pub. L. 104-324, Sec. 507(a), inserted "and

shall accept, transport, or convey without discrimination all oil

delivered to the deepwater port with respect to which its license

is issued," after "subtitle IV of title 49,".

Subsec. (b). Pub. L. 104-324, Sec. 507(b), substituted "A

licensee is not discriminating under this section and" for "A

licensee under this chapter shall accept, transport, or convey

without discrimination all oil delivered to the deepwater port with

respect to which its license is issued. However, a licensee".

1984 - Subsec. (a). Pub. L. 98-419 substituted provision that a

deepwater port and a storage facility serviced directly by that

deepwater port shall operate as a common carrier under applicable

provisions of part I of the Interstate Commerce Act and subtitle IV

of title 49 except as provided by subsec. (b), for provision that

such port and such facilities were subject to regulations as a

common carrier in accordance with the Interstate Commerce Act, as

amended, for purposes of chapter 39 of title 18 and former sections

1 to 27 of title 49.

Subsec. (b). Pub. L. 98-419 inserted provisions enumerating

conditions under which a licensee is not subject to common carrier

regulations under subsec. (a). Provisions dealing with enforcement,

suspension, or termination proceedings, were redesignated as

subsec. (c).

Subsec. (c). Pub. L. 98-419 redesignated a portion of provisions

of subsec. (b) as subsec. (c), and in subsec. (c) as so

redesignated substituted provisions authorizing the Secretary to

commence proceedings before the Federal Energy Regulatory

Commission, or to suspend or revoke licenses of noncomplying

licensees, in the event of noncompliance with this section, for

provisions which had authorized the Secretary to commence

proceedings before the Interstate Commerce Commission or to suspend

or terminate licenses of noncomplying licensees as provided in

section 1511 of this title, in the event of noncompliance by a

licensee with its obligations as a common carrier.

-End-

-CITE-

33 USC Sec. 1508 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1508. Adjacent coastal States

-STATUTE-

(a) Designation; direct pipeline connections; mileage; risk of

damage to coastal environment, time for designation

(1) The Secretary, in issuing notice of application pursuant to

section 1504(c) of this title, shall designate as an "adjacent

coastal State" any coastal State which (A) would be directly

connected by pipeline to a deepwater port as proposed in an

application, or (B) would be located within 15 miles of any such

proposed deepwater port.

(2) The Secretary shall, upon request of a State, and after

having received the recommendations of the Administrator of the

National Oceanic and Atmospheric Administration, designate such

State as an "adjacent coastal State" if he determines that there is

a risk of damage to the coastal environment of such State equal to

or greater than the risk posed to a State directly connected by

pipeline to the proposed deepwater port. This paragraph shall apply

only with respect to requests made by a State not later than the

14th day after the date of publication of notice of an application

for a proposed deepwater port in the Federal Register in accordance

with section 1504(c) of this title. The Secretary shall make the

designation required by this paragraph not later than the 45th day

after the date he receives such a request from a State.

(b) Applications; submittal to Governors for approval or

disapproval; consistency of Federal licenses and State programs;

views of other interested States

(1) Not later than 10 days after the designation of adjacent

coastal States pursuant to this chapter, the Secretary shall

transmit a complete copy of the application to the Governor of each

adjacent coastal State. The Secretary shall not issue a license

without the approval of the Governor of each adjacent coastal

State. If the Governor fails to transmit his approval or

disapproval to the Secretary not later than 45 days after the last

public hearing on applications for a particular application area,

such approval shall be conclusively presumed. If the Governor

notifies the Secretary that an application, which would otherwise

be approved pursuant to this paragraph, is inconsistent with State

programs relating to environmental protection, land and water use,

and coastal zone management, the Secretary shall condition the

license granted so as to make it consistent with such State

programs.

(2) Any other interested State shall have the opportunity to make

its views known to, and shall be given full consideration by, the

Secretary regarding the location, construction, and operation of a

deepwater port.

management program; planning grants

The Secretary shall not issue a license unless the adjacent

coastal State to which the deepwater port is to be directly

connected by pipeline has developed, or is making, at the time the

application is submitted, reasonable progress toward developing an

approved coastal zone management program pursuant to the Coastal

Zone Management Act of 1972 [16 U.S.C. 1451 et seq.] in the area to

be directly and primarily impacted by land and water development in

the coastal zone resulting from such deepwater port. For the

purposes of this chapter, a State shall be considered to be making

reasonable progress if it is receiving a planning grant pursuant to

section 305 of the Coastal Zone Management Act [16 U.S.C. 1454].

(d) State agreements or compacts

The consent of Congress is given to two or more coastal States to

negotiate and enter into agreements or compacts, not in conflict

with any law or treaty of the United States, (1) to apply for a

license for the ownership, construction, and operation of a

deepwater port or for the transfer of such license, and (2) to

establish such agencies, joint or otherwise, as are deemed

necessary or appropriate for implementing and carrying out the

provisions of any such agreement or compact. Such agreement or

compact shall be binding and obligatory upon any State or party

thereto without further approval by Congress.

-SOURCE-

(Pub. L. 93-627, Sec. 9, Jan. 3, 1975, 88 Stat. 2136.)

-REFTEXT-

REFERENCES IN TEXT

The Coastal Zone Management Act of 1972, referred to in subsec.

(c), is title III of Pub. L. 89-454 as added by Pub. L. 92-583,

Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified

generally to chapter 33 (Sec. 1451 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 1451 of Title 16, and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1502, 1503 of this title.

-End-

-CITE-

33 USC Sec. 1509 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1509. Marine environmental protection and navigational safety

-STATUTE-

(a) Regulations and procedures

Subject to recognized principles of international law and the

provision of adequate opportunities for public involvement, the

Secretary shall prescribe and enforce procedures, either by

regulation (for basic standards and conditions) or by the

licensee's operations manual, with respect to rules governing

vessel movement, loading and unloading procedures, designation and

marking of anchorage areas, maintenance, law enforcement, and the

equipment, training, and maintenance required (A) to prevent

pollution of the marine environment, (B) to clean up any pollutants

which may be discharged, and (C) to otherwise prevent or minimize

any adverse impact from the construction and operation of such

deepwater port.

(b) Safety of property and life; regulations

The Secretary shall issue and enforce regulations with respect to

lights and other warning devices, safety equipment, and other

matters relating to the promotion of safety of life and property in

any deepwater port and the waters adjacent thereto.

The Secretary shall mark, for the protection of navigation, any

component of a deepwater port whenever the licensee fails to mark

such component in accordance with applicable regulations. The

licensee shall pay the cost of such marking.

(d) Safety zones; designation; construction period; permitted

activities

(1) Subject to recognized principles of international law and

after consultation with the Secretary of the Interior, the

Secretary of Commerce, the Secretary of State, and the Secretary of

Defense, the Secretary shall designate a zone of appropriate size

around and including any deepwater port for the purpose of

navigational safety. In such zone, no installations, structures, or

uses will be permitted that are incompatible with the operation of

the deepwater port. The Secretary shall by regulation define

permitted activities within such zone. The Secretary shall, not

later than 30 days after publication of notice pursuant to section

1504(c) of this title, designate such safety zone with respect to

any proposed deepwater port.

(2) In addition to any other regulations, the Secretary is

authorized, in accordance with this subsection, to establish a

safety zone to be effective during the period of construction of a

deepwater port and to issue rules and regulations relating thereto.

-SOURCE-

(Pub. L. 93-627, Sec. 10, Jan. 3, 1975, 88 Stat. 2137; Pub. L.

104-324, title V, Sec. 508, Oct. 19, 1996, 110 Stat. 3927.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-324, Sec. 507(a), inserted "and

the provision of adequate opportunities for public involvement"

after "international law" and substituted "shall prescribe and

enforce procedures, either by regulation (for basic standards and

conditions) or by the licensee's operations manual, with respect

to" for "shall prescribe by regulation and enforce procedures with

respect to any deepwater port, including, but not limited to,".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1502, 1503 of this title.

-End-

-CITE-

33 USC Sec. 1510 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1510. International agreements

-STATUTE-

The Secretary of State, in consultation with the Secretary, shall

seek effective international action and cooperation in support of

the policy and purposes of this chapter and may formulate, present,

or support specific proposals in the United Nations and other

competent international organizations for the development of

appropriate international rules and regulations relative to the

construction, ownership, and operation of deepwater ports, with

particular regard for measures that assure protection of such

facilities as well as the promotion of navigational safety in the

vicinity thereof.

-SOURCE-

(Pub. L. 93-627, Sec. 11, Jan. 3, 1975, 88 Stat. 2138.)

-End-

-CITE-

33 USC Sec. 1511 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1511. Suspension or termination of licenses

-STATUTE-

(a) Proceedings by Attorney General; venue; conditions subsequent

Whenever a licensee fails to comply with any applicable provision

of this chapter, or any applicable rule, regulation, restriction,

or condition issued or imposed by the Secretary under the authority

of this chapter, the Attorney General, at the request of the

Secretary, may file an appropriate action in the United States

district court nearest to the location of the proposed or actual

deepwater port, as the case may be, or in the district in which the

licensee resides or may be found, to -

(1) suspend the license; or

(2) if such failure is knowing and continues for a period of

thirty days after the Secretary mails notification of such

failure by registered letter to the licensee at his record post

office address, revoke such license.

No proceeding under this subsection is necessary if the license, by

its terms, provides for automatic suspension or termination upon

the occurrence of a fixed or agreed upon condition, event, or time.

(b) Public health or safety; danger to environment; completion of

proceedings

If the Secretary determines that immediate suspension of the

construction or operation of a deepwater port or any component

thereof is necessary to protect public health or safety or to

eliminate imminent and substantial danger to the environment, he

shall order the licensee to cease or alter such construction or

operation pending the completion of a judicial proceeding pursuant

to subsection (a) of this section.

-SOURCE-

(Pub. L. 93-627, Sec. 12, Jan. 3, 1975, 88 Stat. 2138.)

-COD-

CODIFICATION

In subsec. (a), "chapter" substituted for "title" to conform to

other substitutions for "Act" and as reflecting intent of Congress

manifest throughout Pub. L. 93-627 in the use of the term "Act".

-End-

-CITE-

33 USC Sec. 1512 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1512. Recordkeeping and inspection

-STATUTE-

(a) Regulations; regulations under other provisions unaffected

Each licensee shall establish and maintain such records, make

such reports, and provide such information as the Secretary, after

consultation with other interested Federal departments and

agencies, shall by regulation prescribe to carry out the provision

of this chapter. Such regulations shall not amend, contradict or

duplicate regulations established pursuant to part I of the

Interstate Commerce Act or any other law. Each licensee shall

submit such reports and shall make such records and information

available as the Secretary may request.

(b) Access to deepwater ports in enforcement proceedings and

execution of official duties; inspections and tests; notification

of results

All United States officials, including those officials

responsible for the implementation and enforcement of United States

laws applicable to a deepwater port, shall at all times be afforded

reasonable access to a deepwater port licensed under this chapter

for the purpose of enforcing laws under their jurisdiction or

otherwise carrying out their responsibilities. Each such official

may inspect, at reasonable times, records, files, papers,

processes, controls, and facilities and may test any feature of a

deep water port. Each inspection shall be conducted with reasonable

promptness, and such licensee shall be notified of the results of

such inspection.

-SOURCE-

(Pub. L. 93-627, Sec. 13, Jan. 3, 1975, 88 Stat. 2139.)

-REFTEXT-

REFERENCES IN TEXT

The Interstate Commerce Act, referred to in subsec. (a), is act

Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended. Part I of the Act,

which was classified to chapter 1 (Sec. 1 et seq.) of former Title

49, Transportation, was repealed by Pub. L. 95-473, Sec. 4(b), Oct.

17, 1978, 92 Stat. 1467, the first section of which enacted

subtitle IV (Sec. 10101 et seq.) of Title 49. For distribution of

former sections of Title 49 into the revised Title 49, see Table at

the beginning of Title 49.

-End-

-CITE-

33 USC Sec. 1513 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1513. Public access to information

-STATUTE-

(a) Inspection of copies; reproduction costs; protected information

Copies of any communication, document, report, or information

transmitted between any official of the Federal Government and any

person concerning a deepwater port (other than contracts referred

to in section 1504(c)(2)(B) of this title) shall be made available

to the public for inspection, and shall be available for the

purpose of reproduction at a reasonable cost, to the public upon

identifiable request, unless such information may not be publicly

released under the terms of subsection (b) of this section. Except

as provided in subsection (b) of this section, nothing contained in

this section shall be construed to require the release of any

information of the kind described in subsection (b) of section 552

of title 5 or which is otherwise protected by law from disclosure

to the public.

(b) Information disclosure prohibition; confidentiality of certain

disclosures

The Secretary shall not disclose information obtained by him

under this chapter that concerns or relates to a trade secret,

referred to in section 1905 of title 18, or to a contract referred

to in section 1504(c)(2)(B) of this title, except that such

information may be disclosed, in a manner which is designed to

maintain confidentiality -

(1) to other Federal and adjacent coastal State government

departments and agencies for official use, upon request;

(2) to any committee of Congress having jurisdiction over the

subject matter to which the information relates, upon request;

(3) to any person in any judicial proceeding, under a court

order formulated to preserve such confidentiality without

impairing the proceedings; and

(4) to the public in order to protect health and safety, after

notice and opportunity for comment in writing or for discussion

in closed session within fifteen days by the party to which the

information pertains (if the delay resulting from such notice and

opportunity for comment would not be detrimental to the public

health and safety).

-SOURCE-

(Pub. L. 93-627, Sec. 14, Jan. 3, 1975, 88 Stat. 2139.)

-End-

-CITE-

33 USC Sec. 1514 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1514. Remedies

-STATUTE-

(a) Criminal penalties

Any person who willfully violates any provision of this chapter

or any rule, order, or regulation issued pursuant thereto commits a

class A misdemeanor for each day of violation.

(b) Orders of compliance; Attorney General's civil action;

jurisdiction and venue

(1) Whenever on the basis of any information available to him the

Secretary finds that any person is in violation of any provision of

this chapter or any rule, regulation, order, license, or condition

thereof, or other requirements under this chapter, he shall issue

an order requiring such person to comply with such provision or

requirement, or he shall bring a civil action in accordance with

paragraph (3) of this subsection.

(2) Any order issued under this subsection shall state with

reasonable specificity the nature of the violation and a time for

compliance, not to exceed thirty days, which the Secretary

determines is reasonable, taking into account the seriousness of

the violation and any good faith efforts to comply with applicable

requirements.

(3) Upon a request by the Secretary, the Attorney General shall

commence a civil action for appropriate relief, including a

permanent or temporary injunction or a civil penalty not to exceed

$25,000 per day of such violation, for any violation for which the

Secretary is authorized to issue a compliance order under paragraph

(1) of this subsection. Any action under this subsection may be

brought in the district court of the United States for the district

in which the defendant is located or resides, or is doing business,

and such court shall have jurisdiction to restrain such violation,

require compliance, or impose such penalty.

Upon a request by the Secretary, the Attorney General shall bring

an action in an appropriate district court of the United States for

equitable relief to redress a violation by any person of any

provision of this chapter, any regulation under this chapter, or

any license condition. The district courts of the United States

shall have jurisdiction to grant such relief as is necessary or

appropriate, including mandatory or prohibitive injunctive relief,

interim equitable relief, compensatory damages, and punitive

damages.

(d) Vessels; liability in rem; exempt vessels; consent or privy of

owners or bareboat charterers

Any vessel, except a public vessel engaged in noncommercial

activities, used in a violation of this chapter or of any rule or

regulation issued pursuant to this chapter, 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; but no vessel shall be liable unless it shall

appear that one or more of the owners, or bareboat charterers, was

at the time of the violation, a consenting party or privy to such

violation.

-SOURCE-

(Pub. L. 93-627, Sec. 15, Jan. 3, 1975, 88 Stat. 2140; Pub. L.

101-380, title IV, Sec. 4302(m), Aug. 18, 1990, 104 Stat. 539.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-380 substituted "commits a class

A misdemeanor for each day of violation" for "shall on conviction

be fined not more than $25,000 for each day of violation or

imprisoned for not more than 1 year, or both".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of this title.

DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND

Penalties paid pursuant to this chapter and sections 1319(c) and

1321 of this title to be deposited in the Oil Spill Liability Trust

Fund created under section 9509 of Title 26, Internal Revenue Code,

see section 4304 of Pub. L. 101-380, set out as a note under

section 9509 of Title 26.

-End-

-CITE-

33 USC Sec. 1515 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1515. Citizen civil action

-STATUTE-

(a) Equitable relief; case or controversy; district court

jurisdiction

Except as provided in subsection (b) of this section, any person

may commence a civil action for equitable relief on his own behalf,

whenever such action constitutes a case or controversy -

(1) against any person (including (A) the United States, and

(B) any other governmental instrumentality or agency to the

extent permitted by the eleventh amendment to the Constitution)

who is alleged to be in violation of any provision of this

chapter or any condition of a license issued pursuant to this

chapter; or

(2) against the Secretary where there is alleged a failure of

the Secretary to perform any act or duty under this chapter which

is not discretionary with the Secretary. Any action brought

against the Secretary under this paragraph shall be brought in

the district court for the District of Columbia or the district

of the appropriate adjacent coastal State.

In suits brought under this chapter, the district court shall have

jurisdiction, without regard to the amount in controversy or the

citizenship of the parties, to enforce any provision of this

chapter or any condition of a license issued pursuant to this

chapter, or to order the Secretary to perform such act or duty, as

the case may be.

(b) Notice; intervention of right by person

No civil action may be commenced -

(1) under subsection (a)(1) of this section -

(A) prior to 60 days after the plaintiff has given notice of

the violation (i) to the Secretary and (ii) to any alleged

violator; or

(B) if the Secretary or the Attorney General has commenced

and is diligently prosecuting a civil or criminal action with

respect to such matters in a court of the United States, but in

any such action any person may intervene as a matter of right;

(2) under subsection (a)(2) of this section prior to 60 days

after the plaintiff has given notice of such action to the

Secretary.

Notice under this subsection shall be given in such a manner as the

Secretary shall prescribe by regulation.

In any action under this section, the Secretary or the Attorney

General, if not a party, may intervene as a matter of right.

(d) Costs of litigation; attorney and witness fees

The Court, in issuing any final order in any action brought

pursuant to subsection (a) of this section, may award costs of

litigation (including reasonable attorney and expert witness fees)

to any party whenever the court determines that such an award is

appropriate.

(e) Statutory or common law rights unaffected

Nothing in this section shall restrict any right which any person

(or class of persons) may have under any statute or common law to

seek enforcement or to seek any other relief.

-SOURCE-

(Pub. L. 93-627, Sec. 16, Jan. 3, 1975, 88 Stat. 2140.)

-End-

-CITE-

33 USC Sec. 1516 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1516. Judicial review; persons aggrieved; jurisdiction of

courts of appeal

-STATUTE-

Any person suffering legal wrong, or who is adversely affected or

aggrieved by the Secretary's decision to issue, transfer, modify,

renew, suspend, or revoke a license may, not later than 60 days

after any such decision is made, seek judicial review of such

decision in the United States Court of Appeals for the circuit

within which the nearest adjacent coastal State is located. A

person shall be deemed to be aggrieved by the Secretary's decision

within the meaning of this chapter if he -

(A) has participated in the administrative proceedings before

the Secretary (or if he did not so participate, he can show that

his failure to do so was caused by the Secretary's failure to

provide the required notice); and

(B) is adversely affected by the Secretary's action.

-SOURCE-

(Pub. L. 93-627, Sec. 17, Jan. 3, 1975, 88 Stat. 2141.)

-End-

-CITE-

33 USC Sec. 1517 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1517. Repealed. Pub. L. 101-380, title II, Sec. 2003(a)(2),

Aug. 18, 1990, 104 Stat. 507

-MISC1-

Section, Pub. L. 93-627, Sec. 18, Jan. 3, 1975, 88 Stat. 2141;

Pub. L. 98-419, Sec. 4(a), Sept. 25, 1984, 98 Stat. 1608, set

penalties for discharge of oil into marine environment and provided

for creation and maintenance of a Deepwater Port Liability Fund.

DEEPWATER PORT LIABILITY FUND

Amounts remaining in Deepwater Port Liability Fund established

under former subsec. (f) of this section to be deposited in Oil

Spill Liability Trust Fund established under section 9509 of Title

26, Internal Revenue Code, with that Fund to assume all liability

incurred by the Deepwater Port Liability Fund, see section 2003(b)

of Pub. L. 101-380, set out as a note under section 9509 of Title

26.

EFFECTIVE DATE OF REPEAL

Repeal applicable to incidents occurring after Aug. 18, 1990, see

section 1020 of Pub. L. 101-380, set out as an Effective Date note

under section 2701 of this title.

-End-

-CITE-

33 USC Sec. 1517a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1517a. Omitted

-COD-

CODIFICATION

Section, Pub. L. 101-164, title I, Nov. 21, 1989, 103 Stat. 1073,

which authorized Secretary of Transportation to issue, and

Secretary of the Treasury to purchase, notes or other obligations

to meet obligations of Deepwater Port Liability Fund, applied to

fiscal year ending Sept. 30, 1990, and was not repeated in

subsequent appropriation acts.

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 100-457, title I, Sept. 30, 1988, 102 Stat. 2128.

Pub. L. 100-202, Sec. 101(l) [title I], Dec. 22, 1987, 101 Stat.

1329-358, 1329-361.

Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I], Oct. 18, 1986,

100 Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l) [H.R. 5205,

title I], Oct. 30, 1986, 100 Stat. 3341-308.

Pub. L. 99-190, Sec. 101(e) [title I], Dec. 19, 1985, 99 Stat.

1267, 1270.

Pub. L. 98-473, title I, Sec. 101(i) [title I], Oct. 12, 1984, 98

Stat. 1944, 1947.

Pub. L. 98-78, title I, Aug. 15, 1983, 97 Stat. 455.

Pub. L. 97-369, title I, Dec. 18, 1982, 95 Stat. 1767.

Pub. L. 97-102, title I, Dec. 23, 1981, 95 Stat. 1444.

Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 67.

-End-

-CITE-

33 USC Sec. 1518 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1518. Relationship to other laws

-STATUTE-

(a) Federal Constitution, laws, and treaties applicable; other

Federal requirements applicable; status of deepwater port;

Federal or State authorities and responsibilities within

territorial seas unaffected; notification by Secretary of State

of intent to exercise jurisdiction; objections by foreign

governments

(1) The Constitution, laws, and treaties of the United States

shall apply to a deepwater port licensed under this chapter and to

activities connected, associated, or potentially interfering with

the use or operation of any such port, in the same manner as if

such port were an area of exclusive Federal jurisdiction located

within a State. Nothing in this chapter shall be construed to

relieve, exempt, or immunize any person from any other requirement

imposed by Federal law, regulation, or treaty. Deepwater ports

licensed under this chapter do not possess the status of islands

and have no territorial seas of their own.

(2) Except as otherwise provided by this chapter, nothing in this

chapter shall in any way alter the responsibilities and authorities

of a State or the United States within the territorial seas of the

United States.

(3) The Secretary of State shall notify the government of each

foreign state having vessels registered under its authority or

flying its flag which may call at or otherwise utilize a deepwater

port but which do not currently have an agreement in effect as

provided in subsection (c)(2)(A)(i) of this section that the United

States intends to exercise jurisdiction over vessels calling at or

otherwise utilizing a deepwater port and the persons on board such

vessels. The Secretary of State shall notify the government of each

such state that, absent its objection, its vessels will be subject

to the jurisdiction of the United States whenever they -

(A) are calling at or otherwise utilizing a deepwater port; and

(B) are within the safety zone of such a deepwater port and are

engaged in activities connected, associated, or potentially

interfering with the use and operation of the deepwater port.

The Secretary of State shall promptly inform licensees of deepwater

ports of all objections received from governments of foreign states

in response to notifications made under this paragraph.

(b) Law of nearest adjacent coastal State as applicable Federal

law; Federal administration and enforcement of such law; nearest

adjacent coastal State defined

The law of the nearest adjacent coastal State, now in effect or

hereafter adopted, amended, or repealed, is declared to be the law

of the United States, and shall apply to any deepwater port

licensed pursuant to this chapter, to the extent applicable and not

inconsistent with any provision or regulation under this chapter or

other Federal laws and regulations now in effect or hereafter

adopted, amended, or repealed. All such applicable laws shall be

administered and enforced by the appropriate officers and courts of

the United States. For purposes of this subsection, the nearest

adjacent coastal State shall be that State whose seaward

boundaries, if extended beyond 3 miles, would encompass the site of

the deepwater port.

jurisdiction; objections to jurisdiction; designation of agent

for service of process; duty of licensee

(1) The jurisdiction of the United States shall apply to vessels

of the United States and persons on board such vessels. The

jurisdiction of the United States shall also apply to vessels, and

persons on board such vessels, registered in or flying the flags of

foreign states, whenever such vessels are -

(A) calling at or otherwise utilizing a deepwater port; and

(B) are within the safety zone of such a deepwater port, and

are engaged in activities connected, associated, or potentially

interfering with the use and operation of the deepwater port.

The jurisdiction of the United States under this paragraph shall

not, however, apply to vessels registered in or flying the flag of

any foreign state that has objected to the application of such

jurisdiction.

(2) Except in a situation involving force majeure, a licensee

shall not permit a vessel registered in or flying the flag of a

foreign state to call at or otherwise utilize a deepwater port

licensed under this chapter unless -

(A)(i) the foreign state involved, by specific agreement with

the United States, has agreed to recognize the jurisdiction of

the United States over the vessels registered in or flying the

flag of that state and persons on board such vessels in

accordance with the provisions of paragraph (1) of this

subsection, while the vessel is located within the safety zone,

(ii) the foreign state has not objected to the application of

the jurisdiction of the United States to any vessel, or persons

on board such vessel, while the vessel is located within the

safety zone; and

(B) the vessel owner or operator has designated an agent in the

United States for receipt of service of process in the event of

any claim or legal proceeding resulting from activities of the

vessel or its personnel while located within such a safety zone.

(3) For purposes of paragraph (2)(A)(ii) of this subsection, a

licensee shall not be obliged to prohibit a call at or use of a

deepwater port by a vessel registered in or flying the flag of an

objecting state unless the licensee has been informed by the

Secretary of State as required by subsection (a)(3) of this

section.

(d) Customs laws inapplicable to deepwater port; duties and taxes

on foreign articles imported into customs territory of United

States

The customs laws administered by the Secretary of the Treasury

shall not apply to any deepwater port licensed under this chapter,

but all foreign articles to be used in the construction of any such

deepwater port, including any component thereof, shall first be

made subject to all applicable duties and taxes which would be

imposed upon or by reason of their importation if they were

imported for consumption in the United States. Duties and taxes

shall be paid thereon in accordance with laws applicable to

merchandise imported into the customs territory of the United

States.

(e) Federal district courts; original jurisdiction; venue

The United States district courts shall have original

jurisdiction of cases and controversies arising out of or in

connection with the construction and operation of deepwater ports,

and proceedings with respect to any such case or controversy may be

instituted in the judicial district in which any defendant resides

or may be found, or in the judicial district of the adjacent

coastal State nearest the place where the cause of action arose.

-SOURCE-

(Pub. L. 93-627, Sec. 19(a)-(e), Jan. 3, 1975, 88 Stat. 2145, 2146;

Pub. L. 98-419, Sec. 5(a), (b), Sept. 25, 1984, 98 Stat. 1609.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (d), are classified

generally to Title 19, Customs Duties.

-COD-

CODIFICATION

Section 19(f) of Pub. L. 93-627 amended section 1333(a)(2) of

Title 43, Public Lands.

-MISC1-

AMENDMENTS

1984 - Subsec. (a)(3). Pub. L. 98-419, Sec. 5(a), added par. (3).

Subsec. (c)(1). Pub. L. 98-419, Sec. 5(b), added par. (1). Former

cl. (1) redesignated cl. (A)(i) of par. (2).

Subsec. (c)(2). Pub. L. 98-419, Sec. 5(b), redesignated existing

provisions of subsec. (c) as par. (2)(A)(i) and (B) thereof,

substituted reference to provisions of par. (1) for former

reference to provisions of this chapter in par. (2)(A)(i) as so

redesignated, and added par. (2)(A)(ii).

Subsec. (c)(3). Pub. L. 98-419, Sec. 5(b), added par. (3).

EFFECTIVE DATE OF 1984 AMENDMENT

Section 5(c) of Pub. L. 98-419 provided that: "The amendment made

by subsection (b) of this section [amending this section] shall be

effective on the ninetieth day following the date of enactment of

this Act [Sept. 25, 1984]. The Secretary of State shall make the

first series of notifications referred to in section 19(a)(3) of

the Deepwater Port Act of 1974 [subsec. (a)(3) of this section], as

added by subsection (a) of this section, prior to the thirtieth day

following the date of enactment of this Act [Sept. 25, 1984]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to section 1507 of this title; title 19

section 1644.

-End-

-CITE-

33 USC Sec. 1519 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1519. Repealed. Pub. L. 104-66, title I, Sec. 1121(a), Dec.

21, 1995, 109 Stat. 724

-MISC1-

Section, Pub. L. 93-627, Sec. 20, Jan. 3, 1975, 88 Stat. 2146,

related to annual report and recommendations by Secretary of

Transportation to Congress.

-End-

-CITE-

33 USC Sec. 1520 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1520. Pipeline safety and operation

-STATUTE-

(a) Standards and regulations for Outer Continental Shelf

The Secretary, in cooperation with the Secretary of the Interior,

shall establish and enforce such standards and regulations as may

be necessary to assure the safe construction and operation of oil

or natural gas pipelines on the Outer Continental Shelf.

(b), (c) Omitted

-SOURCE-

(Pub. L. 93-627, Sec. 21, Jan. 3, 1975, 88 Stat. 2146; Pub. L.

107-295, title I, Sec. 106(a)(3), Nov. 25, 2002, 116 Stat. 2086.)

-COD-

CODIFICATION

Subsec. (b) directed the Secretary to report to the Congress

within 60 days after Jan. 3, 1975, on appropriations and staffing

needed to monitor pipelines on Federal lands and the Outer

Continental Shelf.

Subsec. (c) directed the Secretary to review all laws and

regulations relating to the construction, operation, and

maintenance of pipelines on Federal lands and the Outer Continental

Shelf and to report to Congress within 6 months after Jan. 3, 1975,

on administrative changes needed and recommendations for new

legislation.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-295 inserted "or natural gas"

after "oil".

-End-

-CITE-

33 USC Sec. 1521 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1521. Negotiations with Canada and Mexico; report to Congress

-STATUTE-

The President of the United States is authorized and requested to

enter into negotiations with the Governments of Canada and Mexico

to determine:

(1) the need for intergovernmental understandings, agreements,

or treaties to protect the interests of the people of Canada,

Mexico, and the United States and of any party or parties

involved with the construction or operation of deepwater ports;

and

(2) the desirability of undertaking joint studies and

investigations designed to insure protection of the environment

and to eliminate any legal and regulatory uncertainty, to assure

that the interests of the people of Canada, Mexico, and the

United States are adequately met.

The President shall report to the Congress the actions taken, the

progress achieved, the areas of disagreement, and the matters about

which more information is needed, together with his recommendations

for further action.

-SOURCE-

(Pub. L. 93-627, Sec. 22, Jan. 3, 1975, 88 Stat. 2147.)

-End-

-CITE-

33 USC Sec. 1522 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1522. Limitations on export provisions of section 185(u) of

title 30 unaffected

-STATUTE-

Nothing in this chapter shall be construed to amend, restrict, or

otherwise limit the application of section 185(u) of title 30.

-SOURCE-

(Pub. L. 93-627, Sec. 23, Jan. 3, 1975, 88 Stat. 2147.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1502 of this title.

-End-

-CITE-

33 USC Sec. 1523 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1523. General procedures; issuance and enforcement of orders;

scope of authority; evidentiary matters

-STATUTE-

The Secretary or his delegate shall have the authority to issue

and enforce orders during proceedings brought under this chapter.

Such authority shall include the authority to issue subpenas,

administer oaths, compel the attendance and testimony of witnesses

and the production of books, papers, documents, and other evidence,

to take depositions before any designated individual competent to

administer oaths, and to examine witnesses.

-SOURCE-

(Pub. L. 93-627, Sec. 24, Jan. 3, 1975, 88 Stat. 2147.)

-End-

-CITE-

33 USC Sec. 1524 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 29 - DEEPWATER PORTS

-HEAD-

Sec. 1524. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated for administration of this

chapter, not to exceed $2,500,000 per fiscal year for the fiscal

years ending June 30, 1975, June 30, 1976, September 30, 1977,

September 30, 1978, September 30, 1979, and September 30, 1980.

-SOURCE-

(Pub. L. 93-627, Sec. 25, Jan. 3, 1975, 88 Stat. 2147; Pub. L.

95-36, June 1, 1977, 91 Stat. 177.)

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-36 authorized appropriations of not to exceed

$2,500,000 per fiscal year for fiscal years ending Sept. 30, 1977,

Sept. 30, 1978, Sept. 30, 1979, and Sept. 30, 1980.

-End-

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País:	Estados Unidos

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Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # Navigation and navigable waters

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