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Title 33 — Navigation and Navigable Waters

Chapter 29 — Deepwater Ports

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

Statutory text

(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)

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 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

The Secretary may amend, transfer, or reinstate a license issued under this chapter 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.

(i)

Liquefied natural gas facilities

To promote the security of the United States, the Secretary shall give top priority to the processing of a license under this chapter for liquefied natural gas facilities that will be supplied with or that will supply liquefied natural gas by United States flag vessels.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Deepwater Port Act of 1974

    Pub. L. 93–627 § 4 · 88 Stat. 2127

    Enacted · 33 U.S.C. § 1503

    Pub. L. 93–627, § 4, Jan. 3, 1975, 88 Stat. 2128

    Source evidence

    Code source credit
    Pub. L. 93–627, § 4, Jan. 3, 1975, 88 Stat. 2128

    Enacted provision · exact public law section
    Sec. 4. license for the ownership, construction, and operation of a deepwater port (a) No person may engage in the ownership, construction, 33 USC 1503. or operation of a deepwater port except in accordance with a license issued pursuant to this Act. No person may transport or otherwise transfer any oil between a deepwater port and the United States unless such port has been so licensed and the license is in force. A deepwater port, licensed pursuant to the provisions of this Act, 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, (b) The Secretary is authorized, upon application and in accordance with the provisions of this Act, to issue, transfer, amend, or renew a license for the ownership, construction, and operation of a deepwater port. (c) The Secretary may issue a license in accordance with the provisions License, issuance. of this Act if— (1) he determines that the applicant is financially responsible and will meet the requirements of section 18(1) of this Act; (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 6 of this Act, 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, the Federal Water 42 USC 1857 note. 33 USC 1251 note. 33 USC 1401 note. Pollution Control Act, as amended, or the Marine Protection, Research and Sanctuaries Act, as amended; (7) he has received the opinions of the Federal Trade Commission and the Attorney General, pursuant to section 7 of this Act, 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; (8) 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; (9) the Governor of the adjacent coastal State or States, pursuant to section 9 of this Act, approves, or is presumed to approve, issuance of the license; and (10) 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 9(c) of this Act, toward developing, an approved coastal zone management program pursuant to the Coastal Zone Management Act of 1972. 16 USC 1451 note. (d) If an application is made under this Act 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 10 of the Act of March 3, 1899 (30 Stat. 1121), for such construction; 33 USC 403. 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 Act 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) (1) In issuing a license for the ownership, construction, and Conditions. operation of a deepwater port, the Secretary shall prescribe any conditions which he deems necessary to carry out the provisions of this Act, or which are otherwise required by any Federal department or agency pursuant to the terms of this Act. (2) No license shall be issued, transferred, or renewed under this Act 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 application, 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 Act. (3) The Secretary shall establish such bonding requirements or Removal requirements. 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 Waiver. 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 Waiver. 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 (67 Stat. 462), after which waiver the utilization of such components shall be governed by the terms of the Outer Continental Shelf Lands Act. (f) Upon application, licenses issued under this Act may be transferred Transfer of licenses. if the Secretary determines that such transfer is in the public interest and that the transferee meets the requirements of this Act and the prerequisites to issuance under subsection (c) of this section. (g) Any citizen of the United States who otherwise qualifies under Eligibility. the terms of this Act shall be eligible to be issued a license for the ownership, construction, and operation of a deepwater port. (h) Licenses issued under this Act shall be for a term of not to Term and renewal. exceed 20 years. Each licensee shall have a preferential right to renew his license subject to the requirements of subsection (c) of this section, upon such conditions and for such term, not to exceed an additional 10 years upon each renewal, as the Secretary determines to be reasonable and appropriate.

  2. Deepwater Port Act Amendments of 1984

    Pub. L. 98–419 § 2(b) · 98 Stat. 1607

    Substituted · 33 U.S.C. § 1503(b)

    Pub. L. 98–419, § 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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–419, § 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.

    Enacted provision · exact public law section
    (b) Section 4(b) of the Deepwater Port Act of 1974 (33 U.S.C. 1503(b)) is amended to read: “(b) 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 Act.”.

  3. Deepwater Port Act Amendments of 1984

    Pub. L. 98–419 § 2(e) · 98 Stat. 1607

    Inserted · 33 U.S.C. § 1503(e)(1)

    Pub. L. 98–419, § 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

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 98–419, § 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.

    Enacted provision · exact public law section
    (e) Section 4(e)(1) of the Deepwater Port Act of 1974 (33 U.S.C. 1503(e)(1) is amended by inserting at the end thereof: “On petition of a licensee, the Secretary shall review any condition of a license issued under this Act to determine if that condition is uniform, insofar as practicable, with the conditions of other licenses issued under this Act, reasonable, and necessary to meet the objectives of this Act. The Secretary shall amend or rescind any condition that is no longer necessary or otherwise required by any Federal department or agency under this Act.”.

  4. Deepwater Port Act Amendments of 1984

    Pub. L. 98–419 § 2(c) · 98 Stat. 1607

    Substituted · 33 U.S.C. § 1503(f)

    Pub. L. 98–419, § 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

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 98–419, § 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.

    Enacted provision · exact public law section
    (c) Section 4(f) of the Deepwater Port Act of 1974 (33 U.S.C. 1503(f)) is amended to read: “(f) The Secretary may amend, transfer, or reinstate a license issued under this Act if the amendment, transfer, or reinstatement is consistent with the findings made at the time the license was issued.”.

  5. Deepwater Port Act Amendments of 1984

    Pub. L. 98–419 § 2(d) · 98 Stat. 1607

    Substituted · 33 U.S.C. § 1503(h)

    Pub. L. 98–419, § 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

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 98–419, § 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.

    Enacted provision · exact public law section
    (d) Section 4(h) of the Deepwater Port Act of 1974 (33 U.S.C. 1503(h)) is amended to read: “(h) A license issued under this Act remains in effect unless suspended or revoked by the Secretary or until surrendered by the license

  6. Oil Pollution Act of 1990

    Pub. L. 101–380 title II § 2003(a)(1) · 104 Stat. 484

    Substituted · 33 U.S.C. § 1503(c)(1)

    Pub. L. 101–380 substituted “section 2716 of this title” for “section 1517(l) of this title;”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 101–380 substituted “section 2716 of this title” for “section 1517(l) of this title;”.

    Enacted provision · exact public law section
    (1) in section 4(c)(1) by striking “section 18(1) of this Act;” and 33 USC 1503. inserting “section 1016 of the Oil Pollution Act of 1990”; and

    Effective date note
    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.

  7. Deepwater Port Modernization Act

    Pub. L. 104–324 § 504(a) · 110 Stat. 3901

    Struck · 33 U.S.C. § 1503(a)

    Pub. L. 104–324, § 504(a), struck out at end “A deepwater port, licensed pursuant to the provisions of this chapter, may not be utilized—

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–324, § 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.”

    Enacted provision · exact public law section
    (a) Elimination of Utilization Restrictions.— Section 4(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1503(a)) is amended by striking all that follows the second sentence.

  8. Deepwater Port Modernization Act

    Pub. L. 104–324 § 504(b) · 110 Stat. 3901

    1. Redesignated · 33 U.S.C. § 1503(c)(7)(10)

      Pub. L. 104–324, § 504(b), redesignated pars. (8) to (10) as (7) to (9), respectively

    2. Struck · 33 U.S.C. § 1503(c)(7)(10)

      Pub. L. 104–324, § 504(b), 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;”

    Source evidence

    Code amendment note
    Subsec. (c)(7) to (10). Pub. L. 104–324, § 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;”.

    Enacted provision · exact public law section
    (b) Elimination of Precondition to Licensing.— Section 4(c) of such Act is amended— (1) by striking paragraph (7); and (2) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively.

  9. Deepwater Port Modernization Act

    Pub. L. 104–324 § 504(c) · 110 Stat. 3901

    Substituted · 33 U.S.C. § 1503(e)(1)

    Pub. L. 104–324, § 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.”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 104–324, § 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.”

    Enacted provision · exact public law section
    (c) Conditions Prescribed by Secretary.— Section 4(e)(1) of such Act is amended by striking the first sentence and inserting the following: “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 title or which are otherwise required by any Federal department or agency pursuant to the terms of this title. To the extent practicable, conditions required to carry out the provisions and requirements of this title 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 10(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.”.

  10. Deepwater Port Modernization Act

    Pub. L. 104–324 § 504(d) · 110 Stat. 3901

    Substituted · 33 U.S.C. § 1503(e)(2)

    Pub. L. 104–324, § 504(d), substituted “his license” for “his application”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 104–324, § 504(d), substituted “his license” for “his application”.

    Enacted provision · exact public law section
    (d) Elimination of Restriction on Transfers.— Section 4(e)(2) of such Act is amended by striking “application” and inserting “license”.

  11. Deepwater Port Modernization Act

    Pub. L. 104–324 § 504(e) · 110 Stat. 3901

    1. Inserted · 33 U.S.C. § 1503(f)

      Pub. L. 104–324, § 504(e), inserted heading

    2. Amended · 33 U.S.C. § 1503(f)

      Pub. L. 104–324, § 504(e), 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.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–324, § 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.”

    Enacted provision · exact public law section
    (e) Findings Required for Transfers.— Section 4(f) of such Act is amended to read as follows: “(f) Amendments, Transfers, and Reinstatements.— The Secretary may amend, transfer, or reinstate a license issued under this title if the Secretary finds that the amendment, transfer, or reinstatement is consistent with the requirements of this Act.”.

  12. Maritime Transportation Security Act of 2002

    Pub. L. 107–295 title I § 106(a)(2) · 116 Stat. 2064

    Inserted · 33 U.S.C. § 1503(a)

    Pub. L. 107–295 inserted “or natural gas” after “oil”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–295 inserted “or natural gas” after “oil”.

    Enacted provision · exact public law section
    (2) Section 4(a) (33 U.S.C. 1503(a)).

  13. Coast Guard and Maritime Transportation Act of 2006

    Pub. L. 109–241 title III § 304(b) · 120 Stat. 516

    Added · 33 U.S.C. § 1503(i)

    Pub. L. 109–241 added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 109–241 added subsec. (i).

    Enacted provision · exact public law section
    (b) Amendment to Deepwater Port Act.— Section 4 of the Deepwater Port Act of 1974 (33 U.S.C. 1503) is amended by adding at the end the following: “(i) To promote the security of the United States, the Secretary shall give top priority to the processing of a license under this Act for liquefied natural gas facilities that will be supplied with liquefied natural gas by United States flag vessels.” .

  14. Howard Coble Coast Guard and Maritime Transportation Act of 2014

    Pub. L. 113–281 title III § 307(c) · 128 Stat. 3022

    Inserted · 33 U.S.C. § 1503(i)

    Pub. L. 113–281 inserted “or that will supply” after “be supplied with”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 113–281 inserted “or that will supply” after “be supplied with”.

    Enacted provision · exact public law section
    (c) Deepwater Port Act of 1974.— Section 4(i) of the Deepwater Port Act of 1974 (33 U.S.C. 1503(i)) is amended by inserting “or that will supply” after “be supplied with”.

  15. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(3)(A)(i) · 137 Stat. 136

    1. Substituted · 33 U.S.C. § 1503(c)(1)

      Pub. L. 118–31, § 3514(k)(3)(A)(i), (ii), substituted “the Secretary” for “he” after par. designation

    2. Inserted · 33 U.S.C. § 1503(c)(1)

      Pub. L. 118–31, § 3514(k)(3)(A)(i), (ii), inserted semicolon at end

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 118–31, § 3514(k)(3)(A)(i), (ii), substituted “the Secretary” for “he” after par. designation and inserted semicolon at end.

    Enacted provision · exact public law section
    (i) in each of paragraphs (1) through (7), by striking “he” after the paragraph designation and inserting “the Secretary”;

  16. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(3)(A)(i) · 137 Stat. 136

    Substituted · 33 U.S.C. § 1503(c)(2)(7)

    Pub. L. 118–31, § 3514(k)(3)(A)(i), substituted “the Secretary” for “he” after par. designation

    Source evidence

    Code amendment note
    Subsec. (c)(2) to (7). Pub. L. 118–31, § 3514(k)(3)(A)(i), substituted “the Secretary” for “he” after par. designation.

    Enacted provision · exact public law section
    (i) in each of paragraphs (1) through (7), by striking “he” after the paragraph designation and inserting “the Secretary”;

  17. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(3)(A)(iii) · 137 Stat. 136

    Substituted · 33 U.S.C. § 1503(c)(8)

    Pub. L. 118–31, § 3514(k)(3)(A)(iii), substituted “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” for “the adjacent coastal State of States, pursuant to section 1508 of this title, approves, or is presumed to approve, issuance of the license”

    Source evidence

    Code amendment note
    Subsec. (c)(8). Pub. L. 118–31, § 3514(k)(3)(A)(iii), substituted “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” for “the adjacent coastal State of States, pursuant to section 1508 of this title, approves, or is presumed to approve, issuance of the license”.

    Enacted provision · exact public law section
    (iii) in paragraph (8)— (I) by striking “the adjacent” and inserting “each adjacent”; (II) by striking “of States, pursuant to section 9 of this Act,”; (III) by inserting “the” before “issuance”; and (IV) by inserting “pursuant to section 9(b)(1), if applicable” before “; and”;

  18. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(3)(B)(i) · 137 Stat. 136

    1. Substituted · 33 U.S.C. § 1503(e)(1)

      Pub. L. 118–31, § 3514(k)(3)(B)(i), in second sentence, substituted “requirements of this chapter” for “requirements of this title” made technical amendment to reference in original Act which appears in text as reference to section 1509(a) of this title

    2. Substituted · 33 U.S.C. § 1503(e)(1)

      Pub. L. 118–31, § 3514(k)(3)(B)(i), in second sentence, substituted “regulations,” for “regulations;” made technical amendment to reference in original Act which appears in text as reference to section 1509(a) of this title

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 118–31, § 3514(k)(3)(B)(i), in second sentence, substituted “requirements of this chapter” for “requirements of this title” and “regulations,” for “regulations;” and made technical amendment to reference in original Act which appears in text as reference to section 1509(a) of this title.

    Enacted provision · exact public law section
    (i) in paragraph (1), in the second sentence— (I) by striking “requirements of this title” and inserting “requirements of this Act”; (II) by striking “section 10(a) of this title” and inserting “section 10(a)”; and (III) by striking the semicolon and inserting a comma;

  19. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(3)(B)(ii) · 137 Stat. 136

    Substituted · 33 U.S.C. § 1503(e)(2)(B)

    Pub. L. 118–31, § 3514(k)(3)(B)(ii), substituted “the licensee or transferee will comply” for “he will comply”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(B). Pub. L. 118–31, § 3514(k)(3)(B)(ii), substituted “the licensee or transferee will comply” for “he will comply”.

    Enacted provision · exact public law section
    (ii) in paragraph (2)(B), by striking “he will comply” and inserting “the licensee or transferee will comply”; and

  20. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(3)(B)(iii)(III) · 137 Stat. 136

    1. Substituted · 33 U.S.C. § 1503(e)(3)

      Pub. L. 118–31, § 3514(k)(3)(B)(iii)(III), in third sentence, substituted “the Secretary determines” for “he determines”

    2. Substituted · 33 U.S.C. § 1503(e)(3)

      Pub. L. 118–31, § 3514(k)(3)(B)(iii)(III), in third sentence, substituted “(43 U.S.C. 1331 et seq.)” for “(67 Stat. 462)”

    3. Substituted · 33 U.S.C. § 1503(e)(3)

      Pub. L. 118–31, § 3514(k)(3)(B)(iii)(III), in third sentence, substituted “terms of that Act.” for “terms of the Outer Continental Shelf Lands Act.”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 118–31, § 3514(k)(3)(B)(iii)(III), in third sentence, substituted “the Secretary determines” for “he determines”, “(43 U.S.C. 1331 et seq.)” for “(67 Stat. 462)”, and “terms of that Act.” for “terms of the Outer Continental Shelf Lands Act.”

    Enacted provision · exact public law section
    (III) in the third sentence— (aa) by striking “he determines” and inserting “the Secretary determines”; (bb) by striking “(67 Stat. 462)” and inserting “(43 U.S.C. 1331 et seq.)”; and (cc) by striking “terms” and all that follows through the period at the end and inserting “terms of that Act.”; and

  21. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(3)(B)(iii)(I) · 137 Stat. 136

    1. Substituted · 33 U.S.C. § 1503(e)(3)

      Pub. L. 118–31, § 3514(k)(3)(B)(iii)(I), (II), substituted “the Secretary determines to be necessary to ensure” for “he deems necessary to assure” in second sentence

    2. Substituted · 33 U.S.C. § 1503(e)(3)

      Pub. L. 118–31, § 3514(k)(3)(B)(iii)(I), (II), substituted “the Secretary finds” for “he finds” in second sentence

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–31, § 3514(k)(3)(B)(iii)(I), (II), substituted “the Secretary determines to be necessary to ensure” for “he deems necessary to assure” in first sentence and “the Secretary finds” for “he finds” in second sentence.

    Enacted provision · exact public law section
    (I) in the first sentence, by striking “he deems necessary to assure” and inserting “the Secretary determines to be necessary to ensure”;

  22. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(3)(C) · 137 Stat. 136

    Substituted · 33 U.S.C. § 1503(f)

    Pub. L. 118–31, § 3514(k)(3)(C), substituted “under this chapter” for “under this title”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 118–31, § 3514(k)(3)(C), substituted “under this chapter” for “under this title”.

    Enacted provision · exact public law section
    (C) in subsection (f), by striking “this title” and inserting “this Act”.

29 of 29 references resolved to an enrolled provision

Editorial Notes

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 (§ 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, § 2, , 86 Stat. 816, which is classified generally to chapter 26 (§ 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, , 86 Stat. 1052, known as the Marine Protection, Research, and Sanctuaries Act of 1972, which is classified generally to chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of this title and chapters 32 (§ 1431 et seq.) and 32A (§ 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, , 86 Stat. 1280, which is classified generally to chapter 33 (§ 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 in the first sentence of subsec. (e)(1), 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, 67 Stat. 462, which is classified generally to subchapter III (§ 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 1301 of Title 43 and Tables.

Amendments1984–2023 · 7 rounds

2023

Subsec. (c)(1). Pub. L. 118–31, § 3514(k)(3)(A)(i), (ii), substituted “the Secretary” for “he” after par. designation and inserted semicolon at end.

Subsec. (c)(2) to (7). Pub. L. 118–31, § 3514(k)(3)(A)(i), substituted “the Secretary” for “he” after par. designation.

Subsec. (c)(8). Pub. L. 118–31, § 3514(k)(3)(A)(iii), substituted “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” for “the adjacent coastal State of States, pursuant to section 1508 of this title, approves, or is presumed to approve, issuance of the license”.

Subsec. (e)(1). Pub. L. 118–31, § 3514(k)(3)(B)(i), in second sentence, substituted “requirements of this chapter” for “requirements of this title” and “regulations,” for “regulations;” and made technical amendment to reference in original Act which appears in text as reference to section 1509(a) of this title.

Subsec. (e)(2)(B). Pub. L. 118–31, § 3514(k)(3)(B)(ii), substituted “the licensee or transferee will comply” for “he will comply”.

Subsec. (e)(3). Pub. L. 118–31, § 3514(k)(3)(B)(iii)(III), in third sentence, substituted “the Secretary determines” for “he determines”, “(43 U.S.C. 1331 et seq.)” for “(67 Stat. 462)”, and “terms of that Act.” for “terms of the Outer Continental Shelf Lands Act.”

Pub. L. 118–31, § 3514(k)(3)(B)(iii)(I), (II), substituted “the Secretary determines to be necessary to ensure” for “he deems necessary to assure” in first sentence and “the Secretary finds” for “he finds” in second sentence.

Subsec. (f). Pub. L. 118–31, § 3514(k)(3)(C), substituted “under this chapter” for “under this title”.

2014

Subsec. (i). Pub. L. 113–281 inserted “or that will supply” after “be supplied with”.

2006

Subsec. (i). Pub. L. 109–241 added subsec. (i).

2002

Subsec. (a). Pub. L. 107–295 inserted “or natural gas” after “oil”.

1996

Subsec. (a). Pub. L. 104–324, § 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, § 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, § 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, § 504(d), substituted “his license” for “his application”.

Subsec. (f). Pub. L. 104–324, § 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, § 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, § 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, § 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, § 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380 applicable to incidents occurring after , 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 , as modified, set out as a note under section 542 of Title 6.

LNG Tankers

Pub. L. 114–120, title III, § 312, , 130 Stat. 58, provided that:

“Not later than 180 days after the date of the enactment this Act [], the Secretary of Transportation shall—

“(1)

develop guidelines to implement the program authorized under section 304(a) of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241) [formerly set out below], including specific actions to ensure the future availability of able and credentialed United States licensed and unlicensed seafarers including—

“(A)

incentives to encourage partnership agreements with operators of foreign-flag vessels that carry liquified natural gas, that provide no less than one training billet per vessel for United States merchant mariners in order to meet minimum mandatory sea service requirements;

“(B)

development of appropriate training curricula for use by public and private maritime training institutions to meet all United States merchant mariner license, certification, and document laws and requirements under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; and

“(C)

steps to promote greater outreach and awareness of additional job opportunities for sea service veterans of the United States Armed Forces; and

“(2)

submit such guidelines to the Committee [on] Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”

Pub. L. 109–241, title III, § 304(a), , 120 Stat. 527, as amended by Pub. L. 113–281, title III, § 307(b), , 128 Stat. 3045, which related to development and implementation of a program to promote transportation of liquefied natural gas to and from the United States on United States flag vessels, was repealed by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8502(b)(1), , 134 Stat. 4747. See section 1504(j)(1) of this title.

Credits

1975–2023 · 8 acts
  1. 1975Pub. L. 93–627, § 4, , 88 Stat. 2128
  2. 1984Pub. L. 98–419, § 2(b)–(e), , 98 Stat. 1607
  3. 1990Pub. L. 101–380, title II, § 2003(a)(1), , 104 Stat. 507
  4. 1996Pub. L. 104–324, title V, § 504, , 110 Stat. 3926
  5. 2002Pub. L. 107–295, title I, § 106(a)(2), , 116 Stat. 2086
  6. 2006Pub. L. 109–241, title III, § 304(b), , 120 Stat. 527
  7. 2014Pub. L. 113–281, title III, § 307(c), , 128 Stat. 3045
  8. 2023Pub. L. 118–31, div. C, title XXXV, § 3514(k)(3), , 137 Stat. 813.
Show as published

(Pub. L. 93–627, § 4, , 88 Stat. 2128; Pub. L. 98–419, § 2(b)–(e), , 98 Stat. 1607; Pub. L. 101–380, title II, § 2003(a)(1), , 104 Stat. 507; Pub. L. 104–324, title V, § 504, , 110 Stat. 3926; Pub. L. 107–295, title I, § 106(a)(2), , 116 Stat. 2086; Pub. L. 109–241, title III, § 304(b), , 120 Stat. 527; Pub. L. 113–281, title III, § 307(c), , 128 Stat. 3045; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(3), , 137 Stat. 813.)

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