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U.S. Code as of:
01/19/04
Section 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)
(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.
(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.
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