I
104TH CONGRESS
2D SESSION
H. R. 2940
To amend the Deepwater Port Act of 1974.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 1996
Mr. HAYES (for himself, Mr. TAUZIN, Mr. BAKER of Louisiana, Mr. JEFFER-
SON, and Mr. MCCRERY) introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure, and in addition
to the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend the Deepwater Port Act of 1974.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Deepwater Port Mod-
ernization Act’’.
SEC. 2. DECLARATION OF 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 para-
graph (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 im-
porting oil into the United States and transporting
oil from the outer continental shelf while minimizing
tanker traffic and the risks attendant thereto and
assure that the regulation of deepwater ports is not
more burdensome or stringent than that applicable
to persons engaged in at-sea vessel-to-vessel oil
transfers;
‘‘(6) recognize that deepwater ports are gen-
erally subject to effective competition from alter-
native transportation modes and eliminate, for as
long as a port remains subject to effective competi-
tion, unnecessary Federal regulatory oversight or in-
volvement in the ports’ business and economic deci-
sions;
‘‘(7) promote innovation, flexibility, and effi-
ciency in the management and operation of deep-
water ports by assuring that they are not subject to
duplicative, unnecessary or overly burdensome Fed-
eral regulations or license provisions;
‘‘(8) promote oil production on the outer con-
tinental shelf by affording an economic and safe
means of transportation of outer continental shelf oil
to the United States mainland; and
‘‘(9) clarify authority of the States to assess
costs and fees on deepwater ports and associated on-
shore facilities.’’.
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 sec-
tion 3(9) of such Act, as redesignated by subsection (a),
is amended by striking ‘‘such structures,’’ and all that fol-
lows 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, stor-
age, 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 the last sentence.
(b) ELIMINATION
OF PRECONDITION
TO LICENS-
ING.—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.—Sec-
tion 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 deep-
water port, the Secretary shall prescribe only those condi-
tions which the Secretary deems necessary to carry out
the provisions of this Act or which are otherwise required
by any Federal department or agency pursuant to the
terms of this Act. Such conditions may include reasonable
and appropriate environmental monitoring requirements if
such requirements are directly related to reasonably an-
ticipated environmental impacts from the port and, in the
absence of data demonstrating a clear need for continued
monitoring, do not extend beyond 3 years from the date
of commencement of operations. To the maximum extent
possible, conditions required to carry out the provisions
of this Act shall be addressed in license conditions rather
than by regulation and, to the maximum extent possible,
the license shall allow a deepwater port’s operating proce-
dures to be stated in an operations manual, approved by
the Coast Guard, in accordance with section 10(a) of this
Act, rather than in detailed and specific license conditions
or regulations. Amendments of a license or operations
manual shall not be considered rulemakings or adjudica-
tions within the meaning of chapter 5 of title 5, United
States Code, relating to administrative procedure, and
may be accomplished in accordance with such informal
procedures as the Secretary determines appropriate given
the issues involved.’’.
(d) ELIMINATION
OF
RESTRICTION
ON
TRANS-
FERS.—Section 4(e)(2) of such Act is amended by striking
‘‘(A) there will be no substantial change from the plans,
operational systems, and methods, procedures, and safe-
guards set forth in his application, as approved, without
prior approval in writing from the Secretary; and (B)’’.
(e) FINDINGS REQUIRED FOR TRANSFERS.—Section
4(f) of such Act is amended to read as follows:
‘‘(f) 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 purposes of this Act.’’.
SEC. 5. PROCEDURE.
Section 5(h)(2) of the Deepwater Port Act of 1974
(33 U.S.C. 1504(h)(2)) is amended by inserting before the
last sentence the following: ‘‘Any fees assessed under this
paragraph upon or incurred by a licensee for environ-
mental monitoring required by an adjacent coastal State
shall not be considered reasonable within the meaning of
this section unless the environmental monitoring required
conforms to the criteria specified in section 4(e)(1) of this
Act.’’.
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 sec-
tion and’’.
SEC. 8. MARINE ENVIRONMENTAL PROTECTION AND NAVI-
GATIONAL SAFETY.
Section 10(a) of the Deepwater Port Act of 1974 (33
U.S.C. 1509(a)) is amended by striking ‘‘shall prescribe’’
and all that follows through the period at the end and
inserting the following: ‘‘shall publish guidance regarding
preparation by a licensee of an operations manual, which
shall address facility description, tanker navigation proce-
dures, cargo transfer procedures, safety and fire protec-
tion, maintenance procedures and emergency drills. A li-
censee’s operations manual, and proposed changes to the
operations manual, shall be reviewed and approved by the
Coast Guard. Compliance by a licensee with its operations
manual shall constitute compliance with all governmental
requirements applicable to the subjects addressed in the
operations manual.’’.
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