
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC1504]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                       CHAPTER 29--DEEPWATER PORTS
 
Sec. 1504. Procedure


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

    The Secretary shall, as soon as practicable after January 3, 1975, 
and after consultation with other Federal agencies, issue regulations to 
carry out the purposes and provisions of this chapter in accordance with 
the provisions of section 553 of title 5, without regard to subsection 
(a) thereof. Such regulations shall pertain to, but need not be limited 
to, application, issuance, transfer, renewal, suspension, and 
termination of licenses. Such regulations shall provide for full 
consultation and cooperation with all other interested Federal agencies 
and departments and with any potentially affected coastal State, and for 
consideration of the views of any interested members of the general 
public. The Secretary is further authorized, consistent with the 
purposes and provisions of this chapter, to amend or rescind any such 
regulation.

(b) Additional regulations; criteria for site evaluation and 
        preconstruction testing

    The Secretary, in consultation with the Secretary of the Interior 
and the Administrator of the National Oceanic and Atmospheric 
Administration, shall, as soon as practicable after January 3, 1975, 
prescribe regulations relating to those activities involved in site 
evaluation and preconstruction testing at potential deepwater port 
locations that may (1) adversely affect the environment; (2) interfere 
with authorized uses of the Outer Continental Shelf; or (3) pose a 
threat to human health and welfare. Such activity may thenceforth not be 
undertaken except in accordance with regulations prescribed pursuant to 
this subsection. Such regulations shall be consistent with the purposes 
of this chapter.

(c) Plans; submittal to Secretary of Transportation; publication in 
        Federal Register; application contents; exemption

    (1) Any person making an application under this chapter shall submit 
detailed plans to the Secretary. Within 21 days after the receipt of an 
application, the Secretary shall determine whether the application 
appears to contain all of the information required by paragraph (2) 
hereof. If the Secretary determines that such information appears to be 
contained in the application, the Secretary shall, no later than 5 days 
after making such a determination, publish notice of the application and 
a summary of the plans in the Federal Register. If the Secretary 
determines that all of the required information does not appear to be 
contained in the application, the Secretary shall notify the applicant 
and take no further action with respect to the application until such 
deficiencies have been remedied.
    (2) Each application shall include such financial, technical, and 
other information as the Secretary deems necessary or appropriate. Such 
information shall include, but need not be limited to--
        (A) the name, address, citizenship, telephone number, and the 
    ownership interest in the applicant, of each person having any 
    ownership interest in the applicant of greater than 3 per centum;
        (B) to the extent feasible, the name, address, citizenship, and 
    telephone number of any person with whom the applicant has made, or 
    proposes to make, a significant contract for the construction or 
    operation of the deepwater port and a copy of any such contract;
        (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.

(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) Environmental impact statement for single application area; criteria

    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.

(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, 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.

(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.)


                               Amendments

    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''.

                  Section Referred to in Other Sections

    This section is referred to in sections 1503, 1505, 1508, 1509, 1513 
of this title.
