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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)