§ 1503. — License for ownership, construction, and operation of deepwater port.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1503]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29--DEEPWATER PORTS
Sec. 1503. License for ownership, construction, and operation of
deepwater port
(a) Requirement
No person may engage in the ownership, construction, or operation of
a deepwater port except in accordance with a license issued pursuant to
this chapter. No person may transport or otherwise transfer any oil or
natural gas between a deepwater port and the United States unless such
port has been so licensed and the license is in force.
(b) Issuance, transfer, amendment, or reinstatement
The Secretary may--
(1) on application, issue a license for the ownership,
construction, and operation of a deepwater port; and
(2) on petition of the licensee, amend, transfer, or reinstate a
license issued under this chapter.
(c) Conditions for issuance
The Secretary may issue a license in accordance with the provisions
of this chapter if--
(1) he determines that the applicant is financially responsible
and will meet the requirements of section 2716 of this title \1\
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\1\ So in original. Probably should be followed by a semicolon.
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(2) he determines that the applicant can and will comply with
applicable laws, regulations, and license conditions;
(3) he determines that the construction and operation of the
deepwater port will be in the national interest and consistent with
national security and other national policy goals and objectives,
including energy sufficiency and environmental quality;
(4) he determines that the deepwater port will not unreasonably
interfere with international navigation or other reasonable uses of
the high seas, as defined by treaty, convention, or customary
international law;
(5) he determines, in accordance with the environmental review
criteria established pursuant to section 1505 of this title, that
the applicant has demonstrated that the deepwater port will be
constructed and operated using best available technology, so as to
prevent or minimize adverse impact on the marine environment;
(6) he has not been informed, within 45 days of the last public
hearing on a proposed license for a designated application area, by
the Administrator of the Environmental Protection Agency that the
deepwater port will not conform with all applicable provisions of
the Clean Air Act, as amended [42 U.S.C. 7401 et seq.], the Federal
Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.], or
the Marine Protection, Research and Sanctuaries Act, as amended [16
U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et
seq.];
(7) he has consulted with the Secretary of the Army, the
Secretary of State, and the Secretary of Defense, to determine their
views on the adequacy of the application, and its effect on programs
within their respective jurisdictions;
(8) the Governor of the adjacent coastal State of States,
pursuant to section 1508 of this title, approves, or is presumed to
approve, issuance of the license; and
(9) the adjacent coastal State to which the deepwater port is to
be directly connected by pipeline has developed, or is making, at
the time the application is submitted, reasonable progress, as
determined in accordance with section 1508(c) of this title, toward
developing, an approved coastal zone management program pursuant to
the Coastal Zone Management Act of 1972 [16 U.S.C. 1451 et seq.].
(d) Application for license subject to examination and comparison of
economic, social, and environmental effects of deepwater port
facility and deep draft channel and harbor; finality of
determination
If an application is made under this chapter for a license to
construct a deepwater port facility off the coast of a State, and a port
of the State which will be directly connected by pipeline with such
deepwater port, on the date of such application--
(1) has existing plans for construction of a deep draft channel
and harbor; and
(2) has either (A) an active study by the Secretary of the Army
relating to the construction of a deep draft channel and harbor, or
(B) a pending application for a permit under section 403 of this
title for such construction; and
(3) applies to the Secretary for a determination under this
section within 30 days of the date of the license application;
the Secretary shall not issue a license under this chapter until he has
examined and compared the economic, social, and environmental effects of
the construction and operation of the deepwater port with the economic,
social and environmental effects of the construction, expansion,
deepening, and operation of such State port, and has determined which
project best serves the national interest or that both developments are
warranted. The Secretary's determination shall be discretionary and
nonreviewable.
(e) Additional conditions; removal requirements, waiver; Outer
Continental Shelf Lands Act applicable to utilization of
components upon waiver of removal requirements
(1) In issuing a license for the ownership, construction, and
operation of a deepwater port, the Secretary shall prescribe those
conditions which the Secretary deems necessary to carry out the
provisions and requirements of this chapter \2\ or which are otherwise
required by any Federal department or agency pursuant to the terms of
this chapter.\2\ To the extent practicable, conditions required to carry
out the provisions and requirements of this chapter \2\ shall be
addressed in license conditions rather than by regulation and, to the
extent practicable, the license shall allow a deepwater port's operating
procedures to be stated in an operations manual, approved by the Coast
Guard, in accordance with section 1509(a) of this title, rather than in
detailed and specific license conditions or regulations; except that
basic standards and conditions shall be addressed in regulations. On
petition of a licensee, the Secretary shall review any condition of a
license issued under this chapter to determine if that condition is
uniform, insofar as practicable, with the conditions of other licenses
issued under this chapter, reasonable, and necessary to meet the
objectives of this chapter. The Secretary shall amend or rescind any
condition that is no longer necessary or otherwise required by any
Federal department or agency under this chapter.
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\2\ See References in Text note below.
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(2) No license shall be issued, transferred, or renewed under this
chapter unless the licensee or transferee first agrees in writing that
(A) there will be no substantial change from the plans, operational
systems, and methods, procedures, and safeguards set forth in his
license, as approved, without prior approval in writing from the
Secretary; and (B) he will comply with any condition the Secretary may
prescribe in accordance with the provisions of this chapter.
(3) The Secretary shall establish such bonding requirements or other
assurances as he deems necessary to assure that, upon the revocation or
termination of a license, the licensee will remove all components of the
deepwater port. In the case of components lying in the subsoil below the
seabed, the Secretary is authorized to waive the removal requirements if
he finds that such removal is not otherwise necessary and that the
remaining components do not constitute any threat to navigation or to
the environment. At the request of the licensee, the Secretary, after
consultation with the Secretary of the Interior, is authorized to waive
the removal requirement as to any components which he determines may be
utilized in connection with the transportation of oil, natural gas, or
other minerals, pursuant to a lease granted under the provisions of the
Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], after which
waiver the utilization of such components shall be governed by the terms
of the Outer Continental Shelf Lands Act.
(f) Amendments, transfers, and reinstatements
The Secretary may amend, transfer, or reinstate a license issued
under this chapter \2\ if the Secretary finds that the amendment,
transfer, or reinstatement is consistent with the requirements of this
chapter.
(g) Eligible citizens
Any citizen of the United States who otherwise qualifies under the
terms of this chapter shall be eligible to be issued a license for the
ownership, construction, and operation of a deepwater port.
(h) Term of license
A license issued under this chapter remains in effect unless
suspended or revoked by the Secretary or until surrendered by the
licensee.
(Pub. L. 93-627, Sec. 4, Jan. 3, 1975, 88 Stat. 2128; Pub. L. 98-419,
Sec. 2(b)-(e), Sept. 25, 1984, 98 Stat. 1607; Pub. L. 101-380, title II,
Sec. 2003(a)(1), Aug. 18, 1990, 104 Stat. 507; Pub. L. 104-324, title V,
Sec. 504, Oct. 19, 1996, 110 Stat. 3926; Pub. L. 107-295, title I,
Sec. 106(a)(2), Nov. 25, 2002, 116 Stat. 2086.)
References in Text
The Clean Air Act, referred to in subsec. (c)(6), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified generally
to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 7401 of Title 42 and Tables.
The Federal Water Pollution Control Act, as amended, referred to in
subsec. (c)(6), is act June 30, 1948, ch. 758, as amended generally by
Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
generally to chapter 26 (Sec. 1251 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1251 of this title and Tables.
The Marine Protection, Research and Sanctuaries Act, referred to
subsec. (c)(6), probably means Pub. L. 92-532, Oct. 23, 1972, 86 Stat.
1052, as amended, known as the Marine Protection, Research, and
Sanctuaries Act of 1972, which is classified generally to chapters 27
(Sec. 1401 et seq.) and 41 (Sec. 2801 et seq.) of this title and
chapters 32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 1401 of this title and Tables.
The Coastal Zone Management Act of 1972, referred to in subsec.
(c)(9), is title III of Pub. L. 89-454, as added by Pub. L. 92-583, Oct.
27, 1972, 86 Stat. 1280, as amended, which is classified generally to
chapter 33 (Sec. 1451 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out
under section 1451 of Title 16 and Tables.
This chapter, referred to first three times in subsec. (e)(1) and
first time in subsec. (f), was in the original ``this title'' and was
translated as reading ``this Act'', meaning Pub. L. 93-627, which is
classified generally to this chapter, to reflect the probable intent of
Congress, because Pub. L. 93-627 does not contain titles.
The Outer Continental Shelf Lands Act, referred to in subsec.
(e)(3), is act Aug. 7, 1953, ch. 345, Sec. 2, 67 Stat. 462, as amended,
which is classified generally to subchapter III (Sec. 1331 et seq.) of
chapter 29 of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section 1331 of
Title 43 and Tables.
Amendments
2002--Subsec. (a). Pub. L. 107-295 inserted ``or natural gas'' after
``oil''.
1996--Subsec. (a). Pub. L. 104-324, Sec. 504(a), struck out at end
``A deepwater port, licensed pursuant to the provisions of this chapter,
may not be utilized--
``(1) for the loading and unloading of commodities or materials
(other than oil) transported from the United States, other than
materials to be used in the construction, maintenance, or operation
of the high seas oil port, to be used as ship supplies, including
bunkering for vessels utilizing the high seas oil port,
``(2) for the transshipment of commodities or materials, to the
United States, other than oil,
``(3) except in cases where the Secretary otherwise by rule
provides, for the transshipment of oil, destined for locations
outside the United States.''
Subsec. (c)(7) to (10). Pub. L. 104-324, Sec. 504(b), redesignated
pars. (8) to (10) as (7) to (9), respectively, and struck out former
par. (7) which read as follows: ``he has received the opinions of the
Federal Trade Commission and the Attorney General, pursuant to section
1506 of this title, as to whether issuance of the license would
adversely affect competition, restrain trade, promote monopolization, or
otherwise create a situation in contravention of the antitrust laws;''.
Subsec. (e)(1). Pub. L. 104-324, Sec. 504(c), substituted ``In
issuing a license for the ownership, construction, and operation of a
deepwater port, the Secretary shall prescribe those conditions which the
Secretary deems necessary to carry out the provisions and requirements
of this chapter or which are otherwise required by any Federal
department or agency pursuant to the terms of this chapter. To the
extent practicable, conditions required to carry out the provisions and
requirements of this chapter shall be addressed in license conditions
rather than by regulation and, to the extent practicable, the license
shall allow a deepwater port's operating procedures to be stated in an
operations manual, approved by the Coast Guard, in accordance with
section 1509(a) of this title, rather than in detailed and specific
license conditions or regulations; except that basic standards and
conditions shall be addressed in regulations.'' for ``In issuing a
license for the ownership, construction, and operation of a deepwater
port, the Secretary shall prescribe any conditions which he deems
necessary to carry out the provisions of this chapter, or which are
otherwise required by any Federal department or agency pursuant to the
terms of this chapter.''
Subsec. (e)(2). Pub. L. 104-324, Sec. 504(d), substituted ``his
license'' for ``his application''.
Subsec. (f). Pub. L. 104-324, Sec. 504(e), inserted heading and
amended text generally. Prior to amendment, text read as follows: ``The
Secretary may amend, transfer, or reinstate a license issued under this
chapter if the amendment, transfer, or reinstatement is consistent with
the findings made at the time the license was issued.''
1990--Subsec. (c)(1). Pub. L. 101-380 substituted ``section 2716 of
this title'' for ``section 1517(l) of this title;''.
1984--Subsec. (b). Pub. L. 98-419, Sec. 2(b), substituted provisions
authorizing the Secretary, on application, to issue a license for the
ownership, construction, and operation of a deepwater port and, on
petition of the licensee, to amend, transfer, or reinstate a license
issued under this chapter for provisions which had authorized the
Secretary, upon application and in accordance with the provisions of
this chapter, to issue, transfer, amend, or renew a license for the
ownership, construction, and operation of a deepwater port.
Subsec. (e)(1). Pub. L. 98-419, Sec. 2(e), inserted provision that
on petition of a licensee, the Secretary shall review any condition of a
license issued under this chapter to determine if that condition is
uniform, insofar as practicable, with the conditions of other licenses
issued under this chapter and is reasonable, and necessary to meet the
objectives of this chapter, and that the Secretary shall amend or
rescind any condition that is no longer necessary or otherwise required
by any Federal department or agency under this chapter.
Subsec. (f). Pub. L. 98-419, Sec. 2(c), substituted provisions
authorizing the Secretary to amend, transfer, or reinstate a license
issued under this chapter if the amendment, transfer, or reinstatement
is consistent with the findings made at the time the license was issued
for provisions which had authorized the Secretary to transfer such
licenses if the Secretary determined that such transfer was in the
public interest and that the transferee met the requirements of this
chapter and the prerequisites to issuance under subsec. (c) of this
section.
Subsec. (h). Pub. L. 98-419, Sec. 2(d), substituted provision that a
license issued under this chapter remain in effect unless suspended or
revoked by the Secretary or until surrendered by the licensee for
provisions which had limited the terms of licenses to not more than 20
years and which had granted each licensee a preferential right of
renewal for not more than 10 years, subject to subsec. (c), upon such
conditions and for such term as determined by the Secretary to be
reasonable and appropriate.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-380 applicable to incidents occurring after
Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an
Effective Date note under section 2701 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in section 1504 of this title.
