Deepwater Port Modernization Act

Summary: Deepwater Port Modernization Act - Amends the Deepwater Port Act of 1974 to revise the term "deepwater port" to include a fixed or floating manmade structure (other than a vessel) located beyond the territorial sea and off the U.S. coast which is used as a port or terminal for the transportation of oil from the U.S. Outer Continental Shelf. 
Eliminates:  (1) certain utilization and transfer restrictions on deepwater ports; and (2) a certain antitrust precondition with respect to the licensing of such ports. 
Authorizes the Secretary of Transportation to exempt an applicant for a deepwater port license from certain informational filing requirements, provided such exemption will not limit public review of the deepwater port project. 
Repeals the restriction on the issuance of a deepwater port license requiring that the Secretary first receive opinions from the Attorney General and the Federal Trade Commission as to whether such action would adversely affect competition, restrain trade, promote monopolization, or otherwise contravene the antitrust laws. 
Requires a deepwater port, among other things, to accept, transport, or convey without discrimination all oil delivered to it. 
Directs the Secretary to prescribe and enforce procedures with respect to the environment and navigational safety as they relate to deepwater ports either by regulation (for basic standards and conditions), or by the licensee's operations manual.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deepwater Port Modernization Act''.

SEC. 2. DECLARATIONS OF PURPOSE AND POLICY.

    (a) Purposes.--The purposes of this Act are to--
            (1) update and improve the Deepwater Port Act of 1974;
            (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 importing 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, unnecessary 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, unnecessary, or overly burdensome 
        Federal regulations or license provisions.
    (b) Policy.--Section 2(a) of the Deepwater Port Act of 1974 (33 
U.S.C. 1501(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting a semicolon; and
            (3) by inserting at the end the following:
            ``(5) promote the construction and operation of deepwater 
        ports as a safe and effective means of importing oil into the 
        United States and transporting oil from the outer continental 
        shelf while minimizing tanker traffic and the risks attendant 
        thereto; and
            ``(6) promote oil production on the outer continental shelf 
        by affording an economic and safe means of transportation of 
        outer continental shelf oil to the United States mainland.''.

SEC. 3. DEFINITIONS.

    (a) Antitrust Laws.--Section 3 of the Deepwater Port Act of 1974 
(33 U.S.C. 1502) is amended--
            (1) by striking paragraph (3); and
            (2) by redesignating paragraphs (4) through (19) as 
        paragraphs (3) through (18), respectively.
    (b) Deepwater Port.--The first sentence of section 3(9) of such 
Act, as redesignated by subsection (a), is amended by striking ``such 
structures,'' and all that follows through ``section 23.'' and 
inserting the following: ``structures, located beyond the territorial 
sea and off the coast of the United States and which are used or 
intended for use as a port or terminal for the transportation, storage, 
and further handling of oil for transportation to any State, except as 
otherwise provided in section 23, and for other uses not inconsistent 
with the purposes of this Act, including transportation of oil from the 
United States outer continental shelf.''.

SEC. 4. LICENSES.

    (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.
    (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.
    (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 Act or which are otherwise required 
by any Federal department or agency pursuant to the terms of this Act. 
To the extent practicable, conditions required to carry out the 
provisions and requirements of this Act 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 rather than 
in detailed and specific license conditions or regulations; except that 
basic standards and conditions shall be addressed in regulations.''.
    (d) Elimination of Restriction Relating to Applications.--Section 
4(e)(2) of such Act is amended by striking ``application'' and 
inserting ``license''.
    (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 Act if the 
Secretary finds that the amendment, transfer, or reinstatement is 
consistent with the requirements of this Act.''.

SEC. 5. INFORMATIONAL FILINGS.

    Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)) 
is amended by adding the following:
    ``(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 4 of this Act 
and that such exemption will not limit public review and evaluation of 
the deepwater port project.''.

SEC. 6. ANTITRUST REVIEW.

    Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 1506) is 
repealed.

SEC. 7. OPERATION.

    (a) As Common Carrier.--Section 8(a) of the Deepwater Port Act of 
1974 (33 U.S.C. 1507(a)) is amended by inserting after ``subtitle IV of 
title 49, United States Code,'' the following: ``and shall accept, 
transport, or convey without discrimination all oil delivered to the 
deepwater port with respect to which its license is issued,''.
    (b) Conforming Amendment.--Section 8(b) of such Act is amended by 
striking the first sentence and the first 3 words of the second 
sentence and inserting the following: ``A licensee is not 
discriminating under this section and''.

SEC. 8. MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL SAFETY.

    Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(a)) 
is amended--
            (1) by inserting after ``international law'' the following: 
        ``and the provision of adequate opportunities for public 
        involvement'';
            (2) by striking ``shall prescribe by regulation and enforce 
        procedures with respect to any deepwater port, including, but 
        not limited to,'' and inserting the following: ``shall 
        prescribe and enforce procedures, either by regulation (for 
        basic standards and conditions) or by the licensee's operations 
        manual, with respect to''; and
            (3) by redesignating clauses (A), (B), and (C) as clauses 
        (1), (2), and (3), respectively.

            Passed the House of Representatives September 18, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.