CHAPTER 29—DEEPWATER PORTS

Sec.

1501.     Congressional declaration of policy.

1502.     Definitions.

1503.     License for ownership, construction, and operation of deepwater port.

(a)     Requirement.

(b)     Issuance, transfer, amendment, or reinstatement.

(c)     Conditions for issuance.

(d)     Application for license subject to examination and comparison of economic, social, and environmental effects of deepwater port facility and deep draft channel and harbor; finality of determination.

(e)     Additional conditions; removal requirements, waiver; Outer Continental Shelf Lands Act applicable to utilization of components upon waiver of removal requirements.

(f)     Amendments, transfers, and reinstatements.

(g)     Eligible citizens.

(h)     Term of license.

1504.     Procedure.

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

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

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

(d)     Application area; publication in Federal Register; "application area" defined; submission of other applications; notice of intent and submission of completed applications; denial of pending application prior to consideration of other untimely applications.

(e)     Recommendations to Secretary of Transportation; application for all Federal authorizations; copies of application to Federal agencies and departments with jurisdiction; recommendation of approval or disapproval and of manner of amendment to comply with laws or regulations.

(f)     Environmental impact statement for single application area; criteria.

(g)     Public notice and hearings; evidentiary hearing in District of Columbia; decision of Secretary based on evidentiary record; consolidation of hearings.

(h)     Nonrefundable application fee; processing costs; State fees; "land-based facilities directly related to a deepwater port facility" defined; fair market rental value, advance payment.

(i)     Application approval; period for determination; priorities; criteria for determination of application best serving national interest.

1505.     Environmental review criteria.

(a)     Establishment; evaluation of proposed deepwater ports.

(b)     Review and revision.

(c)     Concurrent development of criteria and regulations.

1506.     Repealed.

1507.     Common carrier status.

(a)     Status of deepwater ports and storage facilities.

(b)     Discrimination prohibition; exceptions.

(c)     Enforcement, suspension, or termination proceedings.

1508.     Adjacent coastal States.

(a)     Designation; direct pipeline connections; mileage; risk of damage to coastal environment, time for designation.

(b)     Applications; submittal to Governors for approval or disapproval; consistency of Federal licenses and State programs; views of other interested States.

(c)     Reasonable progress toward development of coastal zone management program; planning grants.

(d)     State agreements or compacts.

1509.     Marine environmental protection and navigational safety.

(a)     Regulations and procedures.

(b)     Safety of property and life; regulations.

(c)     Marking of components; payment of cost.

(d)     Safety zones; designation; construction period; permitted activities.

1510.     International agreements.

1511.     Suspension or termination of licenses.

(a)     Proceedings by Attorney General; venue; conditions subsequent.

(b)     Public health or safety; danger to environment; completion of proceedings.

1512.     Recordkeeping and inspection.

(a)     Regulations; regulations under other provisions unaffected.

(b)     Access to deepwater ports in enforcement proceedings and execution of official duties; inspections and tests; notification of results.

1513.     Public access to information.

(a)     Inspection of copies; reproduction costs; protected information.

(b)     Information disclosure prohibition; confidentiality of certain disclosures.

1514.     Remedies.

(a)     Criminal penalties.

(b)     Orders of compliance; Attorney General’s civil action; jurisdiction and venue.

(c)     Attorney General’s action for equitable relief; scope of relief.

(d)     Vessels; liability in rem; exempt vessels; consent or privy of owners or bareboat charterers.

1515.     Citizen civil action.

(a)     Equitable relief; case or controversy; district court jurisdiction.

(b)     Notice; intervention of right by person.

(c)     Intervention of right by Secretary or Attorney General.

(d)     Costs of litigation; attorney and witness fees.

(e)     Statutory or common law rights unaffected.

1516.     Judicial review; persons aggrieved; jurisdiction of courts of appeal.

1517, 1517a. Repealed or Omitted.

1518.     Relationship to other laws.

(a)     Federal Constitution, laws, and treaties applicable; other Federal requirements applicable; status of deepwater port; Federal or State authorities and responsibilities within territorial seas unaffected; notification by Secretary of State of intent to exercise jurisdiction; objections by foreign governments.

(b)     Law of nearest adjacent coastal State as applicable Federal law; Federal administration and enforcement of such law; nearest adjacent coastal State defined.

(c)     Vessels of United States and foreign states subject to Federal jurisdiction; objections to jurisdiction; designation of agent for service of process; duty of licensee.

(d)     Customs laws inapplicable to deepwater port; duties and taxes on foreign articles imported into customs territory of United States.

(e)     Federal district courts; original jurisdiction; venue.

1519.     Repealed.

1520.     Pipeline safety and operation.

(a)     Standards and regulations for Outer Continental Shelf.

(b),     (c) Omitted.

1521.     Negotiations with Canada and Mexico; report to Congress.

1522.     Limitations on export provisions of section 185(u) of title 30 unaffected.

1523.     General procedures; issuance and enforcement of orders; scope of authority; evidentiary matters.

1524.     Authorization of appropriations.

     This chapter is referred to in sections 1321, 2701 of this title; title 26 section 9509; title 42 section 9611; title 46 section 3703a.