33 U.S.C. § 1504 : US Code - Section 1504: Procedure

Search 33 U.S.C. § 1504 : US Code - Section 1504: Procedure

(a) Regulations; issuance, amendment, or rescission; scope
The Secretary shall, as soon as practicable after January 3,
1975, and after consultation with other Federal agencies, issue
regulations to carry out the purposes and provisions of this
chapter in accordance with the provisions of section 553 of title
5, without regard to subsection (a) thereof. Such regulations shall
pertain to, but need not be limited to, application, issuance,
transfer, renewal, suspension, and termination of licenses. Such
regulations shall provide for full consultation and cooperation
with all other interested Federal agencies and departments and with
any potentially affected coastal State, and for consideration of
the views of any interested members of the general public. The
Secretary is further authorized, consistent with the purposes and
provisions of this chapter, to amend or rescind any such
regulation.
(b) Additional regulations; criteria for site evaluation and
preconstruction testing
The Secretary, in consultation with the Secretary of the Interior
and the Administrator of the National Oceanic and Atmospheric
Administration, shall, as soon as practicable after January 3,
1975, prescribe regulations relating to those activities involved
in site evaluation and preconstruction testing at potential
deepwater port locations that may (1) adversely affect the
environment; (2) interfere with authorized uses of the Outer
Continental Shelf; or (3) pose a threat to human health and
welfare. Such activity may thenceforth not be undertaken except in
accordance with regulations prescribed pursuant to this subsection.
Such regulations shall be consistent with the purposes of this
chapter.
(c) Plans; submittal to Secretary of Transportation; publication in
Federal Register; application contents; exemption
(1) Any person making an application under this chapter shall
submit detailed plans to the Secretary. Within 21 days after the
receipt of an application, the Secretary shall determine whether
the application appears to contain all of the information required
by paragraph (2) hereof. If the Secretary determines that such
information appears to be contained in the application, the
Secretary shall, no later than 5 days after making such a
determination, publish notice of the application and a summary of
the plans in the Federal Register. If the Secretary determines that
all of the required information does not appear to be contained in
the application, the Secretary shall notify the applicant and take
no further action with respect to the application until such
deficiencies have been remedied.
(2) Each application shall include such financial, technical, and
other information as the Secretary deems necessary or appropriate.
Such information shall include, but need not be limited to -
(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) of this paragraph,
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) of this paragraph;
(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) of this paragraph;
(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) of this
paragraph;
(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) 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
(L) 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
department 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
For all applications, the Secretary, in cooperation with other
involved Federal agencies and departments, shall comply with the
National Environmental Policy Act of 1969 (42 U.S.C. 4332) [42
U.S.C. 4321 et seq.]. Such compliance shall fulfill the requirement
of all Federal agencies in carrying out their responsibilities
under the National Environmental Policy Act of 1969 pursuant to
this chapter.
(g) Public notice and hearings; evidentiary hearing in District of
Columbia; decision of Secretary based on evidentiary record;
consolidation of hearings
A license may be issued only after public notice and public
hearings in accordance with this subsection. At least one such
public hearing shall be held in each adjacent coastal State. Any
interested person may present relevant material at any hearing.
After hearings in each adjacent coastal State are concluded if the
Secretary determines that there exists one or more specific and
material factual issues which may be resolved by a formal
evidentiary hearing, at least one adjudicatory hearing shall be
held in accordance with the provisions of section 554 of title 5 in
the District of Columbia. The record developed in any such
adjudicatory hearing shall be basis for the Secretary's decision to
approve or deny a license. Hearings held pursuant to this
subsection shall be consolidated insofar as practicable with
hearings held by other agencies. All public hearings on all
applications for any designated application area shall be
consolidated and shall be concluded not later than 240 days after
notice of the initial application has been published pursuant to
subsection (c) of this section.
(h) Nonrefundable application fee; processing costs; State fees;
"land-based facilities directly related to a deepwater port
facility" defined; fair market rental value, advance payment
(1) Each person applying for a license pursuant to this chapter
shall remit to the Secretary at the time the application is filed a
nonrefundable application fee established by regulation by the
Secretary. In addition, an applicant shall also reimburse the
United States and the appropriate adjacent coastal State for any
additional costs incurred in processing an application.
(2) Notwithstanding any other provision of this chapter, and
unless prohibited by law, an adjacent coastal State may fix
reasonable fees for the use of a deepwater port facility, and such
State and any other State in which land-based facilities directly
related to a deepwater port facility are located may set reasonable
fees for the use of such land-based facilities. Fees may be fixed
under authority of this paragraph as compensation for any economic
cost attributable to the construction and operation of such
deepwater port and such land-based facilities, which cannot be
recovered under other authority of such State or political
subdivision thereof, including, but not limited to, ad valorem
taxes, and for environmental and administrative costs attributable
to the construction and operation of such deepwater port and such
land-based facilities. Fees under this paragraph shall not exceed
such economic, environmental, and administrative costs of such
State. Such fees shall be subject to the approval of the Secretary.
As used in this paragraph, the term "land-based facilities directly
related to a deepwater port facility" means the onshore tank farm
and pipelines connecting such tank farm to the deepwater port
facility.
(3) A licensee shall pay annually in advance the fair market
rental value (as determined by the Secretary of the Interior) of
the subsoil and seabed of the Outer Continental Shelf of the United
States to be utilized by the deepwater port, including the fair
market rental value of the right-of-way necessary for the pipeline
segment of the port located on such subsoil and seabed.
(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) 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) 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) 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) any significant differences between anticipated completion
dates for the proposed deepwater ports; and
(C) 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) 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. Paragraphs (1), (2), and (3) of this subsection shall not
apply to an application for a deepwater port for natural gas.