33 U.S.C. § 1501 — Congressional declaration of policy

Page 630 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1483 protocol and provisions for proposal of amendments to the list of substances other than convention oil. Subsec. (b). Pub. L. 95–302, § 1(5)(B), substituted ‘‘pro- tocol’’ for ‘‘annexes thereto’’. Subsec. (c). Pub. L. 95–302, § 1(5)(C), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title. § 1483. Foreign government ships; immunity No measures may be taken under authority of this chapter against any warship or other ship owned or operated by a country and used, for the time being, only on Government noncommercial service. (Pub. L. 93–248, § 14, Feb. 5, 1974, 88 Stat. 10.) § 1484. Interpretation and administration; other right, duty, privilege, or immunity and other remedy unaffected This chapter shall be interpreted and adminis- tered in a manner consistent with the conven- tion, the protocol, and other international law. Except as specifically provided, nothing in this chapter may be interpreted to prejudice any otherwise applicable right, duty, privilege, or immunity or deprive any country or person of any remedy otherwise applicable. (Pub. L. 93–248, § 15, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95–302, § 1(6), June 26, 1978, 92 Stat. 345.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–302 inserted ‘‘, the protocol,’’ after ‘‘convention’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title. § 1485. Rules and regulations The Secretary may issue reasonable rules and regulations which he considers appropriate and necessary for the effective implementation of this chapter. (Pub. L. 93–248, § 16, Feb. 5, 1974, 88 Stat. 10.) § 1486. Oil Spill Liability Trust Fund The Oil Spill Liability Trust Fund shall be available to the Secretary for actions taken under sections 1474 and 1476 of this title. (Pub. L. 93–248, § 17, Feb. 5, 1974, 88 Stat. 10; Pub. L. 101–380, title II, § 2001, Aug. 18, 1990, 104 Stat. 506.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–380 amended section generally. Prior to amendment, section read as follows: ‘‘The revolving fund established under section 1321(k) of this title shall be available to the Secretary for Federal actions and activities under section 1474 of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT 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. § 1487. Effective date This chapter shall be effective upon February 5, 1974, or upon the date the convention becomes effective as to the United States, whichever is later. (Pub. L. 93–248, § 18, Feb. 5, 1974, 88 Stat. 10.) Editorial Notes REFERENCES IN TEXT The date the convention became effective as to the United States, referred to in text, is May 6, 1975. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–302, § 2, June 26, 1978, 92 Stat. 345, provided that: ‘‘This Act [amending sections 1471 to 1473, 1479, 1482, and 1484 of this title] shall be effective upon the date of enactment [June 26, 1978], or upon the date the protocol becomes effective as to the United States, whichever is later.’’ [The protocol was adopted by the United States on Sept. 7, 1978, to be effective as to the United States upon its adoption by 15 countries. The protocol became effective as to the United States Mar. 30, 1983. CHAPTER 29—DEEPWATER PORTS Sec. 1501. Congressional declaration of policy. 1502. Definitions. 1503. License for ownership, construction, and op- eration of deepwater port. 1504. Procedure. 1505. Environmental review criteria. 1506. Repealed. 1507. Common carrier status. 1508. Adjacent coastal States. 1509. Marine environmental protection and naviga- tional safety. 1510. International agreements. 1511. Suspension or termination of licenses. 1512. Recordkeeping and inspection. 1513. Public access to information. 1514. Remedies. 1515. Citizen civil action. 1516. Judicial review; persons aggrieved; jurisdic- tion of courts of appeal. 1517, 1517a. Repealed or Omitted. 1518. Relationship to other laws. 1519. Repealed. 1520. Pipeline safety and operation. 1521. Negotiations with Canada and Mexico; report to Congress. 1522. Limitations on export provisions of section 185(u) of title 30 unaffected. 1523. General procedures; issuance and enforce- ment of orders; scope of authority; evi- dentiary matters. 1524. Repealed. § 1501. Congressional declaration of policy (a) PURPOSES.—The purposes of this chapter are— (1) to authorize and regulate the location, ownership, construction, and operation of deepwater ports in waters beyond the terri- torial limits of the United States; Page 631 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1502 (2) to provide for the protection of the ma- rine and coastal environment to prevent or minimize any adverse impact which might occur as a consequence of the development of deepwater ports; (3) to protect the interests of the United States and those of adjacent coastal States in the location, construction, and operation of deepwater ports; (4) to protect the rights and responsibilities of States and communities to regulate growth, determine land use, and otherwise protect the environment in accordance with law; (5) to promote the construction and oper- ation of deepwater ports as a safe and effective means of importing oil or natural gas into the United States and transporting oil or natural gas from the outer Continental Shelf while minimizing tanker traffic and the risks associ- ated with that traffic; and (6) to promote oil or natural gas production on the outer Continental Shelf by affording an economic and safe means of transportation of outer Continental Shelf oil or natural gas to the United States mainland. (b) EFFECT OF CHAPTER.—Nothing in this chap- ter affects the legal status of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf. (Pub. L. 93–627, § 2, Jan. 3, 1975, 88 Stat. 2126; Pub. L. 104–324, title V, § 502(b), Oct. 19, 1996, 110 Stat. 3925; Pub. L. 107–295, title I, § 106(a)(1), Nov. 25, 2002, 116 Stat. 2086; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(1), Dec. 22, 2023, 137 Stat. 812.) Editorial Notes AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 3514(k)(1)(A)(i), in- serted heading and substituted ‘‘The purposes of this chapter are—’’ for ‘‘It is declared to be the purposes of the Congress in this chapter to—’’ in introductory pro- visions. Subsec. (a)(1). Pub. L. 118–31, § 3514(k)(1)(A)(ii), in- serted ‘‘to’’ after par. designation and realigned mar- gins. Subsec. (a)(2). Pub. L. 118–31, § 3514(k)(1)(A)(ii), (iii), inserted ‘‘to’’ after par. designation, substituted ‘‘deep- water ports’’ for ‘‘such ports’’, and realigned margins. Subsec. (a)(3), (4). Pub. L. 118–31, § 3514(k)(1)(A)(ii), in- serted ‘‘to’’ after par. designation and realigned mar- gins. Subsec. (a)(5). Pub. L. 118–31, § 3514(k)(1)(A)(ii), (iv), inserted ‘‘to’’ after par. designation, substituted ‘‘Con- tinental Shelf’’ for ‘‘continental shelf’’ and ‘‘associated with that traffic’’ for ‘‘attendant thereto’’, and re- aligned margins. Subsec. (a)(6). Pub. L. 118–31, § 3514(k)(1)(A)(ii), (v), in- serted ‘‘to’’ after par. designation, substituted ‘‘Conti- nental Shelf’’ for ‘‘continental shelf’’ in two places, and realigned margins. Subsec. (b). Pub. L. 118–31, § 3514(k)(1)(B), inserted heading and substituted ‘‘Nothing in this chapter af- fects’’ for ‘‘The Congress declares that nothing in this chapter shall be construed to affect’’ in text. 2002—Subsec. (a)(5), (6). Pub. L. 107–295 inserted ‘‘or natural gas’’ after ‘‘oil’’ wherever appearing. 1996—Subsec. (a)(5), (6). Pub. L. 104–324 added pars. (5) and (6). Statutory Notes and Related Subsidiaries SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–324, title V, § 501, Oct. 19, 1996, 110 Stat. 3925, provided that: ‘‘This title [amending this section and sections 1502 to 1504, 1507, and 1509 of this title, re- pealing section 1506 of this title, and enacting provi- sions set out as a note under this section] may be cited as the ‘Deepwater Port Modernization Act’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–419, § 1, Sept. 25, 1984, 98 Stat. 1607, pro- vided: ‘‘That this Act [amending sections 1502, 1503, 1504, 1506, 1507, 1517, and 1518 of this title and enacting provisions set out as a note under section 1518 of this title] may be cited as the ‘Deepwater Port Act Amend- ments of 1984’.’’ SHORT TITLE Pub. L. 93–627, § 1, Jan. 3, 1975, 88 Stat. 2126, provided: ‘‘That this Act [enacting this chapter and amending section 1333 of Title 43, Public Lands] may be cited as the ‘Deepwater Port Act of 1974’.’’ CONGRESSIONAL PURPOSES FOR 1996 AMENDMENTS Pub. L. 104–324, title V, § 502(a), Oct. 19, 1996, 110 Stat. 3925, provided that: ‘‘The purposes of this title [see Short Title of 1996 Amendment note above] are to— ‘‘(1) update and improve the Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.]; ‘‘(2) assure that the regulation of deepwater ports is not more burdensome or stringent than necessary in comparison to the regulation of other modes of im- porting or transporting oil; ‘‘(3) recognize that deepwater ports are generally subject to effective competition from alternative transportation modes and eliminate, for as long as a port remains subject to effective competition, unnec- essary Federal regulatory oversight or involvement in the ports’ business and economic decisions; and ‘‘(4) promote innovation, flexibility, and efficiency in the management and operation of deepwater ports by removing or reducing any duplicative, unneces- sary, or overly burdensome Federal regulations or li- cense provisions.’’ DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND Penalties paid pursuant to this chapter and sections 1319(c) and 1321 of this title to be deposited in the Oil Spill Liability Trust Fund created under section 9509 of Title 26, Internal Revenue Code, see section 4304 of Pub. L. 101–380, set out as a note under section 9509 of Title 26. Executive Documents ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS For provisions relating to environmental effects abroad of major Federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957, set out as a note under section 4321 of Title 42, The Public Health and Welfare. § 1502. Definitions In this chapter: (1) ADJACENT COASTAL STATE.—The term ‘‘adjacent coastal State’’ means any coastal State which (A) would be directly connected by pipeline to a deepwater port, as proposed in an application; (B) would be located within 15 miles of any such proposed deepwater port; or (C) is designated by the Secretary in accord- ance with section 1508(a)(2) of this title. (2) AFFILIATE.—The term ‘‘affiliate’’ means any entity owned or controlled by, any person who owns or controls, or any entity which is under common ownership or control with an applicant, licensee, or any person required to be disclosed pursuant to section subparagraph (A) or (B) of section 1504(c)(2) of this title.