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(continued) 
    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;
        (C) the name, address, citizenship, and telephone number of
      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;
        (C) to any other person.
      (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
        (C) any differences in costs of construction and operation of
      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                                            01/19/04
-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.
    (c) Concurrent development of criteria and regulations
      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                                            01/19/04
-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                                            01/19/04
-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.
    (c) Enforcement, suspension, or termination proceedings
      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                                            01/19/04
-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.
    (c) Reasonable progress toward development of coastal zone
      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                                            01/19/04
-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.
    (c) Marking of components; payment of cost
      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                                            01/19/04
-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                                            01/19/04
-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                                            01/19/04
-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                                            01/19/04
-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                                            01/19/04
-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.
    (c) Attorney General's action for equitable relief; scope of relief
      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 (continued)