33 USC 1504 - Procedure

U.S Code last checked for updates: Apr 28, 2024

§ 1504.

Procedure

(a)

Regulations; issuance, amendment, or rescission; scope

(b)

Additional regulations; criteria for site evaluation and preconstruction testing

(c)

Applications

(1)

Requirements

(A)

In general

(B)

Action by Secretary

Not later than 21 days after the date of receipt of an application, the Secretary shall—

(i)

determine whether the application contains all information required under paragraph (2); and

(ii)

(I)

if the Secretary determines that such information is contained in the application, not later than 5 days after making the determination, publish in the Federal Register—

(aa)

a notice of the application; and

(bb)

a summary of the plans; or

(II)

if the Secretary determines that all required information is not contained in the application—

(aa)

notify the applicant of the applicable deficiencies; and

(bb)

take no further action with respect to the application until those deficiencies have been remedied.

(C)

Applicability

(2)

Inclusions

Each application shall include such financial, technical, and other information as the Secretary determines to be necessary or appropriate, including—

(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), 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);

(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);

(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);

(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)

the nation of registry for, and the nationality or citizenship of officers and crew serving on board, vessels transporting natural gas that are reasonably anticipated to be servicing the deepwater port;

(L)

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

(M)

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 departments 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

(g)

Public notice and hearings; evidentiary hearing in District of Columbia; decision of Secretary based on evidentiary record; consolidation of hearings

(h)

Fees

(1)

Requirement

(A)

In general

(B)

Reimbursement

(2)

Usage fees

(A)

Definition of directly related land-based facility

(B)

Authorization

(C)

Treatment

(D)

Amount

(E)

Approval

(3)

Rental payment

(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)

First, 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)

Second, 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)

Third, 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)

National security, including an assessment of the implications for the national security of the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10) of the United States.

(C)

Any significant differences between anticipated completion dates for the proposed deepwater ports.

(D)

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)

Applications for deepwater ports for natural gas.—

(A)

Deadline for determination.—

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.

(B)

Effect of failure to determine.—

If the Secretary fails to approve or deny an application for a deepwater port for natural gas by the applicable deadline under subparagraph (A), the reporting requirements under paragraphs (1), (2), and (3) shall not apply to the application.

(j)

LNG tankers

(1)

Program

(2)

Information to be provided

(k)

Transparency in issuance of licenses and permits

(1)

Definition of applicable deadline

In this subsection, the term “applicable deadline”, with respect to an applicant, means the deadline or date applicable to the applicant under any of the following:

(A)

Section 1503(c)(6) of this title.

(B)

Section 1503(d)(3) of this title.

(C)

Subsection (c)(1)(B) (including clause (ii)(I) of that subsection).

(D)

Subsection (d)(3).

(E)

Paragraph (1) or (2) of subsection (e).

(F)

Subsection (g).

(G)

Paragraph (1) or (4)(A) of subsection (i).

(2)

Suspensions and delays

If the Secretary suspends or delays an applicable deadline, the Secretary shall submit to the applicant, and publish in the Federal Register, a written statement—

(A)

describing the reasons for the suspension or delay;

(B)

describing and requesting any information necessary to issue the applicable license or permit and the status of applicable license or permit application at the lead agency and any cooperating agencies; and

(C)

identifying the applicable deadline with respect to the statement.

(3)

Applicant rights to technical assistance

(A)

In general

(B)

Timing

(4)

Requirements

On receipt of a request under paragraph (3)(A), and not less frequently than once every 30 days thereafter until the date on which the application process is no longer suspended or delayed, the Secretary shall submit a notice of the delay, including a description of the time elapsed since the applicable deadline and the nature and circumstances of the applicable suspension or delay, to—

(A)

the Committee on Commerce, Science, and Transportation of the Senate; and

(B)

the Committee on Transportation and Infrastructure of the House of Representatives.

(5)

Briefing

If the Secretary suspends or delays an applicable deadline, not later than 120 days after that applicable deadline, and not less frequently than once every 120 days thereafter until the date on which the application process is no longer suspended or delayed, the Secretary (or a designee of the Secretary) shall provide a briefing regarding the time elapsed since the applicable deadline and the nature and circumstances of the applicable suspension or delay to—

(A)

the Committee on Commerce, Science, and Transportation of the Senate; and

(B)

the Committee on Transportation and Infrastructure of the House of Representatives.

(Pub. L. 93–627, § 5, Jan. 3, 1975, 88 Stat. 2131; Pub. L. 98–419, § 2(f), Sept. 25, 1984, 98 Stat. 1607; Pub. L. 104–324, title V, § 505, Oct. 19, 1996, 110 Stat. 3927; Pub. L. 107–295, title I, § 106(c), (f), (g), Nov. 25, 2002, 116 Stat. 2086–2088; Pub. L. 109–241, title III, § 304(c)(1), July 11, 2006, 120 Stat. 527; Pub. L. 111–281, title IX, § 903(d), Oct. 15, 2010, 124 Stat. 3011; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8502(b)(2), Jan. 1, 2021, 134 Stat. 4747; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(4), Dec. 22, 2023, 137 Stat. 814.)

cite as: 33 USC 1504

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