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United States
33 USC CHAPTER 29 - DEEPWATER PORTS

-CITE-
33 USC CHAPTER 29 - DEEPWATER PORTS 01/19/04

-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.
(c) Conditions for issuance.
(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.
(c) Plans; submittal to Secretary of
Transportation; publication in Federal
Register; application contents; exemption.
(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.
(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.
(c) Concurrent development of criteria and
regulations.
1506. Repealed.
1507. Common carrier status.
(a) Status of deepwater ports and storage
facilities.
(b) Discrimination prohibition; exceptions.
(c) Enforcement, suspension, or termination
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.
(c) Reasonable progress toward development of
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.
(c) Marking of components; payment of cost.
(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.
(c) Attorney General's action for equitable relief;
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.
(c) Intervention of right by Secretary or Attorney
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.
(c) Vessels of United States and foreign states
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 01/19/04

-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 01/19/04

-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;
(C) in the case of a structure used or intended for such use
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 01/19/04

-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.
(c) Conditions for issuance
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 01/19/04

-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.
(c) Plans; submittal to Secretary of Transportation; publication in
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 applicationappears to contain all of the information required (continued)