1. U.S. Code
  2. title 33
  3. chapter 29
  4. § 1516

Collapse to view only § 1516. Judicial review; persons aggrieved; jurisdiction of courts of appeal

§ 1501. Congressional declaration of policy
(a)Purposes.—The purposes of this chapter are—
(1) to authorize and regulate the location, ownership, construction, and operation of deepwater ports in waters beyond the territorial limits of the United States;
(2) to provide for the protection of the marine and coastal environment to prevent or minimize any adverse impact which might occur as a consequence of the development of deepwater ports;
(3) to protect the interests of the United States and those of adjacent coastal States in the location, construction, and operation of deepwater ports;
(4) to protect the rights and responsibilities of States and communities to regulate growth, determine land use, and otherwise protect the environment in accordance with law;
(5) to promote the construction and operation of deepwater ports as a safe and effective means of importing oil or natural gas into the United States and transporting oil or natural gas from the outer Continental Shelf while minimizing tanker traffic and the risks associated with that traffic; and
(6) to promote oil or natural gas production on the outer Continental Shelf by affording an economic and safe means of transportation of outer Continental Shelf oil or natural gas to the United States mainland.
(b)Effect of chapter.—Nothing in this chapter affects the legal status of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf.
(Pub. L. 93–627, § 2, Jan. 3, 1975, 88 Stat. 2126; Pub. L. 104–324, title V, § 502(b), Oct. 19, 1996, 110 Stat. 3925; Pub. L. 107–295, title I, § 106(a)(1), Nov. 25, 2002, 116 Stat. 2086; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(1), Dec. 22, 2023, 137 Stat. 812.)

CITE AS: 33 USC 1501

§ 1502. DefinitionsIn this chapter:
(1)Adjacent coastal State.—The term “adjacent coastal State” means any coastal State which (A) would be directly connected by pipeline to a deepwater port, as proposed in an application; (B) would be located within 15 miles of any such proposed deepwater port; or (C) is designated by the Secretary in accordance with section 1508(a)(2) of this title.
(2)Affiliate.—The term “affiliate” means any entity owned or controlled by, any person who owns or controls, or any entity which is under common ownership or control with an applicant, licensee, or any person required to be disclosed pursuant to section subparagraph (A) or (B) of section 1504(c)(2) of this title.
(3)Application.—The term “application” means an application submitted under this Act for a license for the ownership, construction, and operation of a deepwater port.
(4)Citizen of the United States.—The term “citizen of the United States” means any person who is a United States citizen by law, birth, or naturalization, any State, any agency of a State or a group of States, or any corporation, partnership, or association organized under the laws of any State which has as its president or other executive officer and as its chairman of the board of directors, or holder of a similar office, a person who is a United States citizen by law, birth or naturalization and which has no more of its directors who are not United States citizens by law, birth or naturalization than constitute a minority of the number required for a quorum necessary to conduct the business of the board.
(5)Coastal environment.—The term “coastal environment” means the navigable waters (including the lands therein and thereunder) and the adjacent shorelines including 1
1 So in original. Probably should be preceded by an opening parenthesis.
waters therein and thereunder). The term includes transitional and intertidal areas, bays, lagoons, salt marshes, estuaries, and beaches; the fish, wildlife and other living resources thereof; and the recreational and scenic values of such lands, waters and resources.
(6)Coastal State.—The term “coastal State” means any State of the United States in or bordering on the Atlantic, Pacific, or Arctic Oceans, or the Gulf of Mexico.
(7)Construction.—The term “construction” means the supervising, inspection, actual building, and all other activities incidental to the building, repairing, or expanding of a deepwater port or any of its components, including, but not limited to, pile driving and bulkspan, and alterations, modifications, or additions to the deepwater port.
(8)Control.—The term.“control” means the power, directly or indirectly, to determine the policy, business practices, or decisionmaking process of another person, whether by stock or other ownership interest, by representation on a board of directors or similar body, by contract or other agreement with stockholders or others, or otherwise.
(9)Deepwater port.—The term “deepwater port”—
(A) means any fixed or floating manmade structure other than a vessel, or any group of such structures, that are located beyond State seaward boundaries and that are used or intended for use as a port or terminal for the transportation, storage, or further handling of oil or natural gas for transportation to or from any State, except as otherwise provided in section 1522 of this title, and for other uses not inconsistent with the purposes of this chapter, including transportation of oil or natural gas from the United States outer continental shelf;
(B) includes all components and equipment, including pipelines, pumping stations, service platforms, buoys, mooring lines, and similar facilities to the extent they are located seaward of the high water mark;
(C) in the case of a structure used or intended for such use with respect to natural gas, includes all components and equipment, including pipelines, pumping or compressor stations, service platforms, buoys, mooring lines, and similar facilities that are proposed or approved for construction and operation as part of a deepwater port, to the extent that they are located seaward of the high water mark and do not include interconnecting facilities; and
(D) shall be considered a “new source” for purposes of the Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(10)Governor.—The term “Governor” means the Governor of a State or the person designated by State law to exercise the powers granted to the Governor pursuant to this chapter.
(11)Licensee.—The term “licensee” means a citizen of the United States holding a valid license for the ownership, construction, and operation of a deepwater port that was issued, transferred, or renewed pursuant to this chapter.
(12)Marine environment.—The term “marine environment” includes the coastal environment, waters of the contiguous zone, and waters of the high seas; the fish, wildlife, and other living resources of such waters; and the recreational and scenic values of such waters and resources.
(13)Natural gas.—The term “natural gas” means either natural gas unmixed, or any mixture of natural or artificial gas, including compressed or liquefied natural gas, natural gas liquids, liquefied petroleum gas, and condensate recovered from natural gas.
(14)Oil.—The term “oil” means petroleum, crude oil, and any substance refined from petroleum or crude oil.
(15)Person.—The term “person” includes an individual, a public or private corporation, a partnership or other association, or a government entity.
(16)Safety zone.—The term “safety zone” means the safety zone established around a deepwater port as determined by the Secretary in accordance with section 1509(d) of this title.
(17)Secretary.—The term “Secretary” means the Secretary of Transportation.
(18)State.—The term “State” includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
(19)Vessel.—The term “vessel” means every description of watercraft or other artificial contrivance used as a means of transportation on or through the water.
(Pub. L. 93–627, § 3, Jan. 3, 1975, 88 Stat. 2127; Pub. L. 98–419, § 2(a), Sept. 25, 1984, 98 Stat. 1607; Pub. L. 104–324, title V, § 503, Oct. 19, 1996, 110 Stat. 3926; Pub. L. 107–295, title I, § 106(b), Nov. 25, 2002, 116 Stat. 2086; Pub. L. 109–58, title III, § 321(b), Aug. 8, 2005, 119 Stat. 694; Pub. L. 112–213, title III, § 312, Dec. 20, 2012, 126 Stat. 1569; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(2), Dec. 22, 2023, 137 Stat. 813.)

CITE AS: 33 USC 1502

§ 1503. License for ownership, construction, and operation of deepwater port
(a) Requirement
(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) the Secretary determines that the applicant is financially responsible and will meet the requirements of section 2716 of this title;
(2) the Secretary determines that the applicant can and will comply with applicable laws, regulations, and license conditions;
(3) the Secretary 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) the Secretary 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) the Secretary 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) the Secretary 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) the Secretary 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 each adjacent coastal State approves, or is presumed to approve, the issuance of the license pursuant to section 1508(b)(1) of this title, if applicable; 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 1
1 See References in Text note below.
or which are otherwise required by any Federal department or agency pursuant to the terms of this chapter.1 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. 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.
(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) the licensee or transferee 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 the Secretary determines to be necessary to ensure 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 the Secretary 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 the Secretary 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 that Act.
(f) Amendments, transfers, and reinstatements
(g) Eligible citizens
(h) Term of license
(i) Liquefied natural gas facilities
(Pub. L. 93–627, § 4, Jan. 3, 1975, 88 Stat. 2128; Pub. L. 98–419, § 2(b)–(e), Sept. 25, 1984, 98 Stat. 1607; Pub. L. 101–380, title II, § 2003(a)(1), Aug. 18, 1990, 104 Stat. 507; Pub. L. 104–324, title V, § 504, Oct. 19, 1996, 110 Stat. 3926; Pub. L. 107–295, title I, § 106(a)(2), Nov. 25, 2002, 116 Stat. 2086; Pub. L. 109–241, title III, § 304(b), July 11, 2006, 120 Stat. 527; Pub. L. 113–281, title III, § 307(c), Dec. 18, 2014, 128 Stat. 3045; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(3), Dec. 22, 2023, 137 Stat. 813.)

CITE AS: 33 USC 1503

§ 1504. Procedure
(a) Regulations; issuance, amendment, or rescission; scope
(b) Additional regulations; criteria for site evaluation and preconstruction testing
(c) Applications
(1) Requirements
(A) In general
(B) Action by SecretaryNot later than 21 days after the date of receipt of an application, the Secretary shall—
(i) determine whether the application contains all information required under paragraph (2); and
(ii)(I) if the Secretary determines that such information is contained in the application, not later than 5 days after making the determination, publish in the Federal Register—(aa) a notice of the application; and(bb) a summary of the plans; or(II) if the Secretary determines that all required information is not contained in the application—(aa) notify the applicant of the applicable deficiencies; and(bb) take no further action with respect to the application until those deficiencies have been remedied.
(C) Applicability
(2) InclusionsEach application shall include such financial, technical, and other information as the Secretary determines to be necessary or appropriate, including—
(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), 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);
(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);
(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);
(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) the nation of registry for, and the nationality or citizenship of officers and crew serving on board, vessels transporting natural gas that are reasonably anticipated to be servicing the deepwater port;
(L) 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
(M) 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 departments 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
(g) Public notice and hearings; evidentiary hearing in District of Columbia; decision of Secretary based on evidentiary record; consolidation of hearings
(h) Fees
(1) Requirement
(A) In general
(B) Reimbursement
(2) Usage fees
(A) Definition of directly related land-based facility
(B) Authorization
(C) Treatment
(D) Amount
(E) Approval
(3) Rental payment
(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) First, 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) Second, 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) Third, 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) National security, including an assessment of the implications for the national security of the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10) of the United States.
(C) Any significant differences between anticipated completion dates for the proposed deepwater ports.
(D) 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)Applications for deepwater ports for natural gas.—
(A)Deadline for determination.—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.
(B)Effect of failure to determine.—If the Secretary fails to approve or deny an application for a deepwater port for natural gas by the applicable deadline under subparagraph (A), the reporting requirements under paragraphs (1), (2), and (3) shall not apply to the application.
(j) LNG tankers
(1) Program
(2) Information to be provided
(k) Transparency in issuance of licenses and permits
(1) Definition of applicable deadlineIn this subsection, the term “applicable deadline”, with respect to an applicant, means the deadline or date applicable to the applicant under any of the following:
(A)Section 1503(c)(6) of this title.
(B)Section 1503(d)(3) of this title.
(C) Subsection (c)(1)(B) (including clause (ii)(I) of that subsection).
(D) Subsection (d)(3).
(E) Paragraph (1) or (2) of subsection (e).
(F) Subsection (g).
(G) Paragraph (1) or (4)(A) of subsection (i).
(2) Suspensions and delaysIf the Secretary suspends or delays an applicable deadline, the Secretary shall submit to the applicant, and publish in the Federal Register, a written statement—
(A) describing the reasons for the suspension or delay;
(B) describing and requesting any information necessary to issue the applicable license or permit and the status of applicable license or permit application at the lead agency and any cooperating agencies; and
(C) identifying the applicable deadline with respect to the statement.
(3) Applicant rights to technical assistance
(A) In general
(B) Timing
(4) RequirementsOn receipt of a request under paragraph (3)(A), and not less frequently than once every 30 days thereafter until the date on which the application process is no longer suspended or delayed, the Secretary shall submit a notice of the delay, including a description of the time elapsed since the applicable deadline and the nature and circumstances of the applicable suspension or delay, to—
(A) the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(5) BriefingIf the Secretary suspends or delays an applicable deadline, not later than 120 days after that applicable deadline, and not less frequently than once every 120 days thereafter until the date on which the application process is no longer suspended or delayed, the Secretary (or a designee of the Secretary) shall provide a briefing regarding the time elapsed since the applicable deadline and the nature and circumstances of the applicable suspension or delay to—
(A) the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(Pub. L. 93–627, § 5, Jan. 3, 1975, 88 Stat. 2131; Pub. L. 98–419, § 2(f), Sept. 25, 1984, 98 Stat. 1607; Pub. L. 104–324, title V, § 505, Oct. 19, 1996, 110 Stat. 3927; Pub. L. 107–295, title I, § 106(c), (f), (g), Nov. 25, 2002, 116 Stat. 2086–2088; Pub. L. 109–241, title III, § 304(c)(1), July 11, 2006, 120 Stat. 527; Pub. L. 111–281, title IX, § 903(d), Oct. 15, 2010, 124 Stat. 3011; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8502(b)(2), Jan. 1, 2021, 134 Stat. 4747; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(4), Dec. 22, 2023, 137 Stat. 814.)

CITE AS: 33 USC 1504

§ 1505. Environmental review criteria
(a) Establishment
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
(c) Requirement
(Pub. L. 93–627, § 6, Jan. 3, 1975, 88 Stat. 2135; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(5), Dec. 22, 2023, 137 Stat. 818.)

CITE AS: 33 USC 1505

§ 1506. Repealed. Pub. L. 104–324, title V, § 506, Oct. 19, 1996, 110 Stat. 3927

CITE AS: 33 USC 1506

§ 1507. Common carrier status
(a) Status of deepwater ports and storage facilities
(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
(d) Managed access
(e) Jurisdiction
(Pub. L. 93–627, § 8, Jan. 3, 1975, 88 Stat. 2136; Pub. L. 98–419, § 3(a), Sept. 25, 1984

CITE AS: 33 USC 1507

§ 1508. Adjacent coastal States
(a) Designation
In issuing a notice relating to an application for a deepwater port under section 1504(c)(1)(B)(ii)(I) of this title, the Secretary shall designate as an adjacent coastal State, with respect to the deepwater port, any coastal State that would be—
(1) directly connected by pipeline to that deepwater port; or
(2) located within 15 miles of that deepwater port.
(b) Input from adjacent coastal States and other interested states
(1) Submission of applications to governors for approval
(A) In general
(B) Prohibition
(C) Presumed approval
(D) Inconsistency with certain state programs
(2) Other interested states
(c) Reasonable progress toward development of coastal zone management program; planning grants
(d) State agreements or compacts
(Pub. L. 93–627, § 9, Jan. 3, 1975, 88 Stat. 2136; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(6), Dec. 22, 2023, 137 Stat. 818.)

CITE AS: 33 USC 1508

§ 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
(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.
(Pub. L. 93–627, § 10, Jan. 3, 1975, 88 Stat. 2137; Pub. L. 104–324, title V, § 508, Oct. 19, 1996, 110 Stat. 3927.)

CITE AS: 33 USC 1509

§ 1510. International agreements

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.

(Pub. L. 93–627, § 11, Jan. 3, 1975, 88 Stat. 2138.)

CITE AS: 33 USC 1510

§ 1511. Suspension or termination of licenses
(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
(Pub. L. 93–627, § 12, Jan. 3, 1975, 88 Stat. 2138.)

CITE AS: 33 USC 1511

§ 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
(Pub. L. 93–627, § 13, Jan. 3, 1975, 88 Stat. 2139.)

CITE AS: 33 USC 1512

§ 1513. Public access to information
(a) Inspection of copies; reproduction costs; protected information
(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).
(Pub. L. 93–627, § 14, Jan. 3, 1975, 88 Stat. 2139.)

CITE AS: 33 USC 1513

§ 1514. Remedies
(a) Criminal penalties
(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
(d) Vessels; liability in rem; exempt vessels; consent or privy of owners or bareboat charterers
(Pub. L. 93–627, § 15, Jan. 3, 1975, 88 Stat. 2140; Pub. L. 101–380, title IV, § 4302(m), Aug. 18, 1990, 104 Stat. 539.)

CITE AS: 33 USC 1514

§ 1515. Citizen civil action
(a) Equitable relief; case or controversy; district court jurisdictionExcept as provided in subsection (b) of this section, any person may commence a civil action for equitable relief on his own behalf, whenever such action constitutes a case or controversy—
(1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any provision of this chapter or any condition of a license issued pursuant to this chapter; or
(2) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this chapter which is not discretionary with the Secretary. Any action brought against the Secretary under this paragraph shall be brought in the district court for the District of Columbia or the district of the appropriate adjacent coastal State.
In suits brought under this chapter, the district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any provision of this chapter or any condition of a license issued pursuant to this chapter, or to order the Secretary to perform such act or duty, as the case may be.
(b) Notice; intervention of right by personNo civil action may be commenced—
(1) under subsection (a)(1) of this section—
(A) prior to 60 days after the plaintiff has given notice of the violation (i) to the Secretary and (ii) to any alleged violator; or
(B) if the Secretary or the Attorney General has commenced and is diligently prosecuting a civil or criminal action with respect to such matters in a court of the United States, but in any such action any person may intervene as a matter of right; or
(2) under subsection (a)(2) of this section prior to 60 days after the plaintiff has given notice of such action to the Secretary.
Notice under this subsection shall be given in such a manner as the Secretary shall prescribe by regulation.
(c) Intervention of right by Secretary or Attorney General
(d) Costs of litigation; attorney and witness fees
(e) Statutory or common law rights unaffected
(Pub. L. 93–627, § 16, Jan. 3, 1975, 88 Stat. 2140.)

CITE AS: 33 USC 1515

§ 1516. Judicial review; persons aggrieved; jurisdiction of courts of appeal
Any person suffering legal wrong, or who is adversely affected or aggrieved by the Secretary’s decision to issue, transfer, modify, renew, suspend, or revoke a license may, not later than 60 days after any such decision is made, seek judicial review of such decision in the United States Court of Appeals for the circuit within which the nearest adjacent coastal State is located. A person shall be deemed to be aggrieved by the Secretary’s decision within the meaning of this chapter if he—
(A) has participated in the administrative proceedings before the Secretary (or if he did not so participate, he can show that his failure to do so was caused by the Secretary’s failure to provide the required notice); and
(B) is adversely affected by the Secretary’s action.
(Pub. L. 93–627, § 17, Jan. 3, 1975, 88 Stat. 2141.)

CITE AS: 33 USC 1516

§ 1517. Repealed. Pub. L. 101–380, title II, § 2003(a)(2), Aug. 18, 1990, 104 Stat. 507

CITE AS: 33 USC 1517

§ 1517a. Omitted

CITE AS: 33 USC 1517a

§ 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
(1) The Constitution, laws, and treaties of the United States shall apply to a deepwater port licensed under this chapter and to activities connected, associated, or potentially interfering with the use or operation of any such port, in the same manner as if such port were an area of exclusive Federal jurisdiction located within a State. Nothing in this chapter shall be construed to relieve, exempt, or immunize any person from any other requirement imposed by Federal law, regulation, or treaty. Deepwater ports licensed under this chapter do not possess the status of islands and have no territorial seas of their own.
(2) Except as otherwise provided by this chapter, nothing in this chapter shall in any way alter the responsibilities and authorities of a State or the United States within the territorial seas of the United States.
(3) The Secretary of State shall notify the government of each foreign state having vessels registered under its authority or flying its flag which may call at or otherwise utilize a deep­water port but which do not currently have an agreement in effect as provided in subsection (c)(2)(A)(i) of this section that the United States intends to exercise jurisdiction over vessels calling at or otherwise utilizing a deep­water port and the persons on board such vessels. The Secretary of State shall notify the government of each such state that, absent its objection, its vessels will be subject to the jurisdiction of the United States whenever they—
(A) are calling at or otherwise utilizing a deep­water port; and
(B) are within the safety zone of such a deep­water port and are engaged in activities connected, associated, or potentially interfering with the use and operation of the deep­water port.
The Secretary of State shall promptly inform licensees of deep­water ports of all objections received from governments of foreign states in response to notifications made under this paragraph.
(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
(1) The jurisdiction of the United States shall apply to vessels of the United States and persons on board such vessels. The jurisdiction of the United States shall also apply to vessels, and persons on board such vessels, registered in or flying the flags of foreign states, whenever such vessels are—
(A) calling at or otherwise utilizing a deepwater port; and
(B) are within the safety zone of such a deepwater port, and are engaged in activities connected, associated, or potentially interfering with the use and operation of the deep­water port.
The jurisdiction of the United States under this paragraph shall not, however, apply to vessels registered in or flying the flag of any foreign state that has objected to the application of such jurisdiction.
(2) Except in a situation involving force majeure, a licensee shall not permit a vessel registered in or flying the flag of a foreign state to call at or otherwise utilize a deepwater port licensed under this chapter unless—
(A)
(i) the foreign state involved, by specific agreement with the United States, has agreed to recognize the jurisdiction of the United States over the vessels registered in or flying the flag of that state and persons on board such vessels in accordance with the provisions of paragraph (1) of this subsection, while the vessel is located within the safety zone, or
(ii) the foreign state has not objected to the application of the jurisdiction of the United States to any vessel, or persons on board such vessel, while the vessel is located within the safety zone; and
(B) the vessel owner or operator has designated an agent in the United States for receipt of service of process in the event of any claim or legal proceeding resulting from activities of the vessel or its personnel while located within such a safety zone.
(3) For purposes of paragraph (2)(A)(ii) of this subsection, a licensee shall not be obliged to prohibit a call at or use of a deepwater port by a vessel registered in or flying the flag of an objecting state unless the licensee has been informed by the Secretary of State as required by subsection (a)(3) of this section.
(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
(

CITE AS: 33 USC 1518

§ 1519. Repealed. Pub. L. 104–66, title I, § 1121(a), Dec. 21, 1995, 109 Stat. 724

CITE AS: 33 USC 1519

§ 1520. Pipeline safety and operation
(a) Standards and regulations for Outer Continental Shelf
(b), (c) Omitted
(Pub. L. 93–627, § 21, Jan. 3, 1975, 88 Stat. 2146; Pub. L. 107–295, title I, § 106(a)(3), Nov. 25, 2002, 116 Stat. 2086.)

CITE AS: 33 USC 1520

§ 1521. Negotiations with Canada and Mexico; report to Congress
The President of the United States is authorized and requested to enter into negotiations with the Governments of Canada and Mexico to determine:
(1) the need for intergovernmental understandings, agreements, or treaties to protect the interests of the people of Canada, Mexico, and the United States and of any party or parties involved with the construction or operation of deepwater ports; and
(2) the desirability of undertaking joint studies and investigations designed to insure protection of the environment and to eliminate any legal and regulatory uncertainty, to assure that the interests of the people of Canada, Mexico, and the United States are adequately met.
The President shall report to the Congress the actions taken, the progress achieved, the areas of disagreement, and the matters about which more information is needed, together with his recommendations for further action.
(Pub. L. 93–627, § 22, Jan. 3, 1975, 88 Stat. 2147.)

CITE AS: 33 USC 1521

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

Nothing in this chapter shall be construed to amend, restrict, or otherwise limit the application of section 185(u) of title 30.

(Pub. L. 93–627, § 23, Jan. 3, 1975, 88 Stat. 2147.)

CITE AS: 33 USC 1522

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

The Secretary or his delegate shall have the authority to issue and enforce orders during proceedings brought under this chapter. Such authority shall include the authority to issue subpenas, administer oaths, compel the attendance and testimony of witnesses and the production of books, papers, documents, and other evidence, to take depositions before any designated individual competent to administer oaths, and to examine witnesses.

(Pub. L. 93–627, § 24, Jan. 3, 1975, 88 Stat. 2147.)

CITE AS: 33 USC 1523

§ 1524. Authorization of appropriations

There is authorized to be appropriated for administration of this chapter, not to exceed $2,500,000 per fiscal year for the fiscal years ending June 30, 1975, June 30, 1976, September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980.

(Pub. L. 93–627, § 25, Jan. 3, 1975, 88 Stat. 2147; Pub. L. 95–36, June 1, 1977, 91 Stat. 177.)

CITE AS: 33 USC 1524