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33 U.S.C. § 1503 — License for ownership, construction, and operation of deepwater port
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2716&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req
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Source location: Title 33, Chapter 29, § 1503; chapter-029-deepwater-ports.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2716&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1505&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.], the Federal Water Pollution Control Act, as amended [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.], or the Marine Protection, Research and Sanctuaries Act, as amended [[16 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1431&num=0&edition=prelim) et seq., 1447 et seq.; [33 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1401&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1508/b/1&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1508/c&num=0&edition=prelim), toward developing, an approved coastal zone management program pursuant to the Coastal Zone Management Act of 1972 [[16 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1451&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section403&num=0&edition=prelim) 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 11 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1509/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1504/c/1/B/ii/I&num=0&edition=prelim), 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* — Not later than 10 days after the date on which the Secretary designates adjacent coastal States under subsection (a) with respect to a deepwater port proposed in an application, the Secretary shall transmit a complete copy of the application to the Governor of each adjacent coastal State.
(B) *Prohibition* — The Secretary shall not issue a license without the approval of the Governor of each adjacent coastal State.
(C) *Presumed approval* — If the Governor of an adjacent coastal State fails to transmit a required approval or disapproval to the Secretary not later than 45 days after the last public hearing on applications for a particular application area, such approval shall be conclusively presumed.
(D) *Inconsistency with certain state programs* — If the Governor of an adjacent coastal State notifies the Secretary that an application, which would otherwise be approved pursuant to this paragraph, is inconsistent with State programs relating to environmental protection, land and water use, and coastal zone management, the Secretary shall condition the license granted so as to make it consistent with such State programs
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1508
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—
(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;
(4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;
(5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State;
(6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and
(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.
**(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1251
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement** The responsible party for—
(1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States;
(2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or
(3) any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States;
shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) or (d) of this title, in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum liability applicable to the vessel having the greatest maximum liability.
**(b) Sanctions**
(1) **Withholding clearance** — The Secretary of the Treasury shall withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) of any vessel subject to this section that does not have the evidence of financial responsibility required for the vessel under this section.
(2) **Denying entry to or detaining vessels** — The Secretary may—
(A) deny entry to any vessel to any place in the United States, or to the navigable waters, or
(B) detain at the place,
any vessel that, upon request, does not produce the evidence of financial responsibility requir
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2716
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) 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** The Secretary shall periodically review and, whenever necessary, revise in the same manner as originally developed, criteria established pursuant to subsection (a) of this section.
**(c) Requirement** The criteria established pursuant to this section shall be developed concurrently with the regulations promulgated pursuant to [section 1504(a) of this title](http
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1505
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this Act, the term—
(1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight;
(2) “barrel” means 42 United States gallons at 60 degrees fahrenheit;
(3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident;
(4) “claimant” means any person or government who presents a claim for compensation under this subchapter;
(5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages;
(6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4);
(7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
(8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990;
(9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2701
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Federal law — U.S. Code and appendices · legal_authorities
The creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of the Army; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of the Army prior to beginning the same.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 403
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
**(a)** There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone.
**(b)** The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation.
**(c)** The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion.
**(d)** The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man’s alterations.
**(e)** Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost.
**(f)** New and expanding demands for food, energy, minerals, defense needs, recreation, waste disposal, transportation, and industrial activities in the Great Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are placing stress on these areas and are creating the need for resolution of serious conflicts among important and competing uses and values in coastal and ocean waters; 11 So
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1451
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Federal law — U.S. Code and appendices · legal_authorities
When used in this subchapter and subchapter II—
**(a)** The term “lands beneath navigable waters” means—
(1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction;
(2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles,11 So in original. The comma probably should be a semicolon. and
(3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined;
**(b)** The term “boundaries” includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to [section 1312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1312&num=0&edition=prelim) but in no event shall the term “boundaries” or the term “lands beneath navigable waters” be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) this Nation historically has recognized the importance of protecting special areas of its public domain, but these efforts have been directed almost exclusively to land areas above the high-water mark;
(2) certain areas of the marine environment possess conservation, recreational, ecological, historical, scientific, educational, cultural, archeological, or esthetic qualities which give them special national, and in some cases international, significance;
(3) while the need to control the effects of particular activities has led to enactment of resource-specific legislation, these laws cannot in all cases provide a coordinated and comprehensive approach to the conservation and management of special areas of the marine environment; and
(4) a Federal program which establishes areas of the marine environment which have special conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, or esthetic qualities as national marine sanctuaries managed as the National Marine Sanctuary System will—
(A) improve the conservation, understanding, management, and wise and sustainable use of marine resources;
(B) enhance public awareness, understanding, and appreciation of the marine environment; and
(C) maintain for future generations the habitat, and ecological services, of the natural assemblage of living resources that inhabit these areas.
**(b) Purposes and policies** The purposes and policies of this chapter are—
(1) to identify and designate as national marine sanctuaries areas of the marine environment which are of special national significance and to manage these areas as the National Marine Sanctuary System;
(2) to provide authority for comprehensive and coordinated conservat
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1431
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