An Act to regulate commerce, promote efficiency in transportation, and protect the environment, by establishing procedures for the location, construction, and operation of deepwater ports off the coasts of the United States, and for other purposes.
PL 93-627 (H.R.10701), enacted 01/03/1975

2126 
PUBLIC LAW 93-627-JAN. 3, 1975 
[88 STAT. 
(1) the amount of land acquired during the current fiscal 
year and the amount expended therefor; 
(2) the amount of land remaining to be acquired; and 
(3) the amount of land programed for acquisition in the 
ensuing fiscal year and the estimated cost thereof. 
Seashore devei- 
/j^\ YoT the dcvclopment of essential public facilities there are 
opment p l a n , 
i
-
i
i 
• 
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-%IT-
transmittal to 
authorized to be appropriated not more than $500,000. Within three 
congressional 
years from the date of the enactment of this Act, the Secretary shall 
develop and transmit to the Committees on Interior and Insular Affairs 
of the United States Congress a final master plan for the full develop-
ment of the seashore consistent with the preservation objectives of 
this Act, indicating: 
(1) the facilities needed to accommodate the health, safety, 
and recreation needs of the visiting public; 
(2) the location and estimated cost of all facilities; and 
(3) the projected need for any additional facilities within the 
seashore. 
Approved January 3, 1975. 
Public Law 93-627 
J a n u a r y s , 1975 
A N A C T 
[H. R. 10701] 
To regulate commerce, promote efficiency in transportation, and protect the 
environment, by establishing procedures for the location, construction, and 
operation of deepwater ports off the coasts of the United States, and for 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Deepwater Port United Sttttes of Amevica in Congress assembled^ That this Act may 
^'^33°usc^i5oi 
be cited as the "Deepwater Port Act of 1974". 
note. 
DECLARATION OF POLICY 
33 use 1501. 
g^c. 2. (a) It is declared to be the purposes of the Congress in this 
Act to— 
(1) authorize and regulate the location, ownership, construc-
tion, and operation of deepwater ports in waters beyond the terri-
torial limits of the United States; 
(2) provide for the protection of the marine and coastal 
environment to prevent or minimize any adverse impact which 
might occur as a consequence of the development of such ports; 
(3) protect the interests of the United States and those of 
adjacent coastal States in the location, construction, and opera-
tion of deepwater ports; and 
(4) protect the rights and responsibilities of States and com-
munities to regulate growth, determine land use, and otherwise 
protect the environment in accordance with law. 
(b) The Congress declares that nothing in this Act shall be con-
strued to affect the legal status of the high seas, the superjacent air-
space, or the seabed and subsoil, including the Continental Shelf. 
88 STAT. ] 
PUBLIC LAW 93-627-JAN. 3, 1975 
2127 
DEFINITIONS 
SEC. 3. As used in this Act, unless the context otherwise requires, 
the term— 
(1) "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 accordance with section 9(a) (2) of this Act; 
(2) "affiliate" means any entity owned or controlled by, any 
person who owns or controls, or any entity which is under com-
mon ownership or control with an applicant, licensee, or any 
person required to be disclosed pursuant to section 5(c)(2) (A) 
or ( B ) ; 
(3) "antitrust laws" includes the Act of July 2, 1890, as 
amended, the Act of October 15, 1914, as amended, the Federal 
Trade Commission Act (15 U.S.C. 41 et seq., and sections 73 and 
74 of the Act of August 27,1894, as amended; 
(4) "application" means any application submitted under this 
Act (A) for a license for the ownership, construction, and opera-
tion of a deepwater port; (B) for transfer of any such license; 
or (C) for any substantial change in any of the conditions and 
provisions of any such license; 
(5) "citizen of the United States" means any person who is a 
United States citizen by law, birth, or naturalization, any State, 
any agency of a State or a group of States, or any corporation, 
partnership, or association organized under the laws of any State 
which has as its president or other executive officer and as its 
chairman of the board of directors, or holder of a similar office, 
a person who is a United States citizen by law, birth or naturaliza-
tion and which has no more of its directors who are not United 
States citizens by law, birth or naturalization than constitute a 
minority of the number required for a quorum necessary to con-
duct the business of the board; 
(6) "coastal environment" means the navigable waters (includ-
ing the lands therein and thereunder) and the adjacent shorelines 
including waters therein and thereunder). The term includes 
transitional and intertidal areas, bays, lagoons, salt marshes, 
estuaries, and beaches; the fish, wildlife and other living resources 
thereof; and the recreational and scenic values of such lands, 
waters and resources; 
(7) "coastal State" means any State of the United States in 
or bordering on the Atlantic, Pacific, or Arctic Oceans, or the 
Gulf of Mexico; 
(8) "construction" means the supervising, inspection, actual 
building, and all other activities incidental to the building, repair-
ing, or expanding of a deepwater port or any of its components, 
including, but not limited to, pile driving and bulkheading, and 
alterations, modifications, or additions to the deepwater port; 
33 use 1502. 
15 use 1, 12. 
15 use 8, 9. 
note 
2128 
PUBLIC L
A
W 93-627-JAN. 3, 1975 
[88 STAT. 
(9) "control" means the power, directly or indirectly, to deter-
mine the policy, business practices, or decisionmaking process of 
another person, whether by stock or other owmership interest, by 
representation on a board of directors or similar body, by contract 
or other agreement with stockholders or others, or otherwise; 
(10) "deepwater port" means any fixed or floating manmade 
structures 
other 
than 
a 
vessel, or 
any 
group 
of 
such 
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 loading or unloading and further handling of 
oil for transportation to any State, except as otherwise provided 
Post, p. 2147. 
[j^ section 23. The term includes all associated components and 
equipment, including pipelines, pumping stations, service plat-
forms, mooring buoys, and similar appurtenances to the extent 
they are located seaward of the high water mark. A deepwater 
port shall be considered a "new source" for purposes of the Clean 
42 use 1857 
^^j. j^Q^^ g
^
g amended, and the Federal Water Pollution Control 
33 use 1251 
Act, as amended; 
"°*^- 
(11) "Governor" means the Governor of a State or the person 
designated by State law to exercise the powers granted to the 
Governor pursuant to this Act; 
(12) "licensee" means a citizen of the United States holding a 
valid license for the ownership, construction, and operation of a 
deepwater port that was issued, transferred, or renewed pur-
suant to this Act; 
(13) "marine environment" includes the coastal environment, 
waters of the contiguous zone, and waters of the high seas; the 
fish, wildlife, and other living resources of such waters; and the 
recreational and scenic values of such waters and resources; 
(14) "oil" means petroleum, crude oil, and any substance refined 
from petroleum or crude oil; 
(15) "person" includes an individual, a public or private cor-
poration, a partnership or other association, or a government 
entity; 
(16) "safety zone" means the safety zone established around a 
deepwater port as determined by the Secretary in accordance with 
section 10(d) of this Act; 
(17) "Secretary" means the Secretary of Transportation; 
(18) "State" includes each of the States of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, and 
the territories and possessions of the United States; and 
(19) "vessel" means every description of watercraft or other 
artificial contrivance used as a means of transportation on or 
through the water. 
LICENSE F
O
R THE OWNERSHIP, CONSTRUCTION, AND OPERATION OF A 
DEEPWATER PORT 
33 use 1503. 
gj,(,_ 4_ ^a) No person may engage in the ownership, construction, 
or operation of a deepwater port except in accordance with a license 
License, issu-
88 STAT. ] 
PUBLIC LAW 93-627-JAN. 3, 1975 
2129 
issued pursuant to this Act. No person may transport or otherwise 
transfer any oil between a deepwater port and the United States unless 
such port has been so licensed and the license is in force. A deepwater 
port, licensed pursuant to the provisions of this Act, may not be 
utilized— 
(1) for the loading and unloading of commodities or materials 
(other than oil) transported from the United States, other than 
materials to be used in the construction, maintenance, or operation 
of the high seas oil port, to be used as ship supplies, including 
bunkering for vessels utilizing the high seas oil port, 
(2) for the transshipment of commodities or materials, to the 
United States, other than oil, 
(3) except in cases where the Secretary otherwise by rule pro-
vides, for the transshipment of oil, destined for locations outside 
the United States, 
(b) The Secretary is authorized, upon application and in accord-
ance with the provisions of this Act, to issue, transfer, amend, or 
renew a license for the ownership, construction, and operation of a 
deepwater port. 
(c) The Secretary may issue a license in accordance with the pro-
visions of this Act if— 
(1) he determines that the applicant is financially responsible 
and will meet the requirements of section 18(1) of this Act; 
(2) he determines that the applicant can and will comply with 
applicable laws, regulations, and license conditions; 
(3) he 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) he determines that the deepwater port will not unreason-
ably interfere with international navigation or other reasonable 
uses of the high seas, as defined by treaty, convention, or custom-
ary international law; 
(5) he determines, in accordance with the environmental review 
criteria established pursuant to section 6 of this Act, that the 
applicant has demonstrated that the deepwater port will be con-
structed and operated using best available technology, so as to 
prevent or minimize adverse impact on the marine environment; 
(6) he 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 pro-
visions of the Clean Air Act, as amended, the Federal Water 
Pollution Control Act, as amended, or the Marine Protection, 
"ss'usc i:!5i 
Research and Sanctuaries Act, as amended; 
"°^| use 1401 
(7) he has received the opinions of the Federal Trade Com- note. 
mission and the Attorney General, pursuant to section 7 of this 
Act, as to whether issuance of the license would adversely affect 
competition, restrain trade, promote monopolization, or other-
wise create a situation in contravention of the antitrust laws; 
(8) he has consulted with the Secretary of the Army, the Secre-
tary of State, and the Secretary of Defense, to determine their 
42 use 1857 
note. 
note 
2130 
PUBLIC LAW 93-627-JAN. 3, 1975 
[88 STAT. 
views on the adequacy of the application, and its effect on pro-
grams within their respective jurisdictions; 
(9) the Governor of the adjacent coastal State or States, pur-
suant to section 9 of this Act, approves, or is presumed to approve, 
issuance of the license; and 
(10) the adjacent coastal State to which the deep water 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 9(c) of this Act, toward 
developing, an approved coastal zone management program pur-
1
6 use 1451 
suant to the Coastal Zone Management Act of 1972. 
(d) If an application is made under this Act 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 
33 use 403. 
iQ of ^j^g ,^(,^ of March 3, 1899 (30 Stat. 1121), for such construc-
tion; 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 Act until he has 
examined and compared the economic, social, and environmental effects 
of the construction and operation of the deepwater port with the eco-
nomic, 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 
nonre 
viewable. 
eonditions. 
^Q^ (^2^ jjj issuing a license for the ownership, construction, and 
operation of a deepwater port, the Secretary shall prescribe any con-
ditions which he 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. 
(2) No license shall be issued, transferred, or renewed under this 
Act 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 safeguai'ds set forth in his application, 
as approved, without prior approval in writing from the Secretary; 
and (B) he will comply with any condition the Secretary may pre-
scribe in accordance with the provisions of this Act. 
(3) The Secretary shall establish such bonding requirements or 
other assurances as he deems necessary to assure that, upon the revoca-
tion or termination of a license, the licensee will remove all com-
ponents 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 he finds that such removal is not otherwise 
Removal re-
quirements. 
88 STAT. ] 
PUBLIC LAW 93-627-JAN. 3, 1975 
2131 
necessary and that the remaining components do not constitute any 
threat to navigation or to the environment. At the request of the 
waiver. 
licensee, the Secretary, after consultation with the Secretary of the 
Interior, is authorized to waive the removal requirement as to any com-
ponents which he 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 (67 Stat. 462), after which waiver the utilization of such com- ^^^^ "^*^ ^^^^ 
ponents shall be governed by the terms of the Outer Continental Shelf 
Lands Act. 
(f) Upon application, licenses issued under this Act may be trans- 
Transfer o
f u-
ferred if the Secretary determines that such transfer is in the public 
interest and that the transferee meets the requirements of this Act 
and the prerequisites to issuance under subsection (c) of this section. 
(g) Any citizen of the United States who otherwise qualifies under 
Eligibility. 
the terms of this Act shall be eligible to be issued a license for the 
ownership, construction, and operation of a deep 
water port. 
(h) Licenses issued under this Act shall be for a term of not to 
"^^^ ^
"
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^ "-
exceed 20 years. Each licensee shall have a preferential right to renew "^'^'' ' 
his license subject to the requirements of subsection (c) of this section, 
upon such conditions and for such term, not to exceed an additional 
10 years upon each renewal, as the Secretary determines to be reason-
able and appropriate. 
PROCEDURE 
SEC. 5. (a) The Secretary shall, as soon as practicable after the date 
^3^sc"iTo4 
of enactment of this Act, and after consultation with other Federal 
agencies, issue regulations to carry out the purposes and provisions 
of this Act, in accordance with the provisions of section 553 of title 
5, United States Code, without regard to subsection (a) thereof. Such 
regulations shall pertain to, but need not be limited to, application, 
issuance, transfer, renewal, suspension, and termination of licenses. 
Such regulations shall provide for full consultation and cooperation 
with all other interested Federal agencies and departments and with 
any potentially affected coastal State, and for consideration of the 
views of any interested members of the general public. The Secretary 
is further authorized, consistent with the purposes and provisions of 
this Act, to amend or rescind any such regulation. 
(b) The Secretary, in consultation with the Secretary of the Interior 
and the Administrator of the National Oceanic and Atmospheric 
Administration, shall, as soon as practicable after the date of enact-
ment of this Act, prescribe regulations relating to those activities 
involved in site evaluation and preconstruction testing at potential 
deepwater port locations that may (1) adversely affect the environ-
ment; (2) interfere with authorized uses of the Outer Continental 
Shelf; or (3) pose a threat to human health and welfare. Such activity 
may thenceforth not be undertaken except in accordance with regula-
tions prescribed pursuant to this subsection. Such regulations shall be 
consistent with the purposes of this Act. 
(c) (1) Any person making an application under this Act shall sub- ,,i^3^'ll' «"bmit. 
• 
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1 
1 
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-ITT- 1 • 
1 
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Secretary of 
mit detailed plans to the Secretarv. Withni 21 days after the receipt oi Transportation. 
an application, the Secretary shall determine w^hether the application 
appears to contain all of the information required by paragraph (2) 
hereof. If the Secretary determines that such information appears to 
be contained in the application, the Secretary shall, no later than 5 
davs after making such a determination, publish notice of the appli- pgHer^i^R''"" '" 
cation and a summary of the plans in the Federal Register. If the Sec- 
^ ^
"
^
^ egister. 
retary determines that all of the required information does not appear 
2132 
PUBLIC LAW 93-627-JAN. 3, 1975 
[88 STAT. 
to be contained in the application, the Secretary shall notify the appli-
cant and take no further action with respect to the application until 
such deficiencies have been remedied. 
Application 
^2) Each application shall include such financial, technical, and 
other information as the Secretary deems necessary or appropriate. 
Such information shall include, but need not be limited to— 
(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 construc-
tion 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) of this para-
graph, 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) of this paragraph; 
(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 descrip-
tion 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 trans-
ported through the deepwater port, to the extent known by the 
applicant or any person required to be disclosed pursuant to sub-
paragraphs (A), (B),or (C) of this paragraph; 
(PI) with respect to any existing and proposed refineries which 
will receive oil transported through the deepwater port, the loca-
tion 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) of this paragraph; 
(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 Act; 
(K) a description of procedures to be used in constructing, 
operating, and maintaining the deepwater port, including sys-
tems of oil spill prevention, containment, and cleanup; and 
(L) such other information as may be required by the Secre-
tary to determine the environmental impact of the proposed deep-
water port. 
Publication in 
('(jj (^^^ ^t the time notice of an application is published pursuant 
eglster. ^^ subscctiou (c) of this section, the Secretary shall publish a descrip-
tion 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 deep-
water port within that application area. 
88 STAT. ] 
PUBLIC LAW 93-627-JAN. 3, 1975 
2133 
{'2) As used in this section, "application area"' means any reasonable 
"••eographical area within which a deepAvater port may be constructed 
and opeiated. 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 liigh water mark of the nearest adjacent coastal State. 
(o) The Secretary shall accompan}' such publication with a call for 
submission of any other applications for licenses for the ownership, 
construction, and operation of a deepAvater port within the designated 
application area. Persons intending to iWo applications for such license 
shall subm't 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 tliis section and shall submit the completed 
application Jio later than 90 days after publication of such notice. The 
Secretary shall publish notice of any such application received in 
r.ccordance with subsection (c) of this section. No application for a 
license for the oAvnership, construction, and operation of a deepAA'ater 
poit Avithin the designated application area for AAdiich a notice of 
intent to file Avas receiAed after such 60-day period, or Avhich is 
receiA'ed after such 90-day period has elapsed, shall be considered 
until the application pending AA'ith respect to such application area 
haA'e been denied pursuant to this Act. 
(e) (1) Not later than 30 days after the date of enactment of this 
Act, the Secretary of the Interior, the Administrator of the Environ-
mental 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 juris-
diction over, any aspect of the construction or operation of deepwater 
jDorts shall transmit to the Secretary Avritten comments as to their 
expertise or statutory responsibilities pursuant to this Act or any other 
Federal laAv. 
(2) An application filed with the Secretary shall constitute an 
application for all Federal authorizations required for ownership, 
construction, and operation of a deepAvater port. At the time notice of 
any application is published pursuant to subsection (c) of this section, 
the Secretary shall forAvard a copy of such application to those Fed-
eral agencies and departments Avith jurisdiction over any aspect of 
such OAA^nership, construction, or operation for comment, review, or 
recommendation as to conditions and for such other action as may be 
required by laAv. 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 disap-
proval 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) For all timely applications covering a single application area, 
the Secretary, in cooperation with other involved Federal agencies 
and departments, shall, pursuant to section 102(2) (C) of the National 
Environmental Policy Act, prepare a single, detailed environmental 
impact statement, which shall fulfill the requirement of all Federal 
agencies in carrying out their responsibilities pursuant to this Act to 
prepare an environmental impact statement. In preparing such state-
ment the Secretary shall consider the criteria established under sec-
tion 6 of this Act. 
'Application 
RecommendEi-
tions to Secretary 
of Transportation. 
Environmental 
impact statement. 
42 u s e 4332. 
Nonrefundable 
application fee. 
State fees. 
2134 
PUBLIC LAW 93-627-JAN. 3, 1975 
[88 STAT. 
Public notice 
^g^ j ^ liceiisB iHaj be issued, transferred, or renewed only after 
earings. 
publlc noticc and public hearings in accordance with this subsection. 
At least one such public hearing shall be held in each adjacent coastal 
State. Any interested person may present relevant material at any 
hearing. After hearings in each adjacent coastal State are concluded, 
if the Secretary determines that there exists one or more specific and 
material factual issues which may be resolved by a formal evidentiary 
hearing, at least one adjudicatory hearing shall be held in accordance 
with the provisions of section 554 of title 5, United States Code, in 
the District of Columbia. The record developed in any such adjudi-
catory hearing shall be basis for the Secretary's decision to approve 
or deny a license. Hearings held pursuant to this subsection shall be 
consolidated insofar as practicable with hearings held by other agen-
cies. All public hearings on all applications for any designated appli-
cation area shall be consolidated and shall be concluded not later than 
240 days after notice of the initial application has been published pur-
suant to section 5(c) of this Act. 
(h) (1) Each person applying for a license pursuant to this Act 
shall remit to the Secretary at the time the application is filed a non-
refundable application fee established by regulation by the Secretary. 
In addition, an applicant shall also reimburse the United States and 
the appropriate adjacent coastal State for any additional costs incurred 
in processing an application. 
(2) Notwithstanding any other provision of this Act, an adjacent 
coastal State may fix reasonable fees for the use of a deepwater port 
facility, and such State and any other State in which land-based 
facilities directly related to a deepwater port facility are located may 
set reasonable fees for the use of such land-based facilities. Fees may 
be fixed under authority of this paragraph as compensation for any 
economic cost attributable to the construction and operation of such 
deepwater port and such land-based facilities, which cannot be 
recovered under other authority of such State or political subdivision 
thereof, including, but not limited to, ad valorem taxes, and for 
environmental and administrative costs attributable to the construction 
and operation of such deepwater port and such land-based facilities. 
Fees under this paragraph shall not exceed such economic, environ-
mental, and administrative costs of such State. Such fees shall be 
Definition. 
subject to the approval of the Secretary. As used in this paragraph, 
the term "land-based facilities directly related to a deepwater port 
facility" means the onshore tank farm and pipelines connecting such 
tank farm to the deepwater port facility. 
renta\'^ra1u''e^'ad- 
(^) ^ licensce shall pay annually in advance the fair market rental 
vance payment. 
valuc (as determined by the Secretary of the Interior) of the subsoil 
and seabed of the Outer Continental Shelf of the United States to be 
utilized by the deepwater port, including the fair market rental value 
of the right-of-w^ay necessary for the pipeline segment of the port 
located on such subsoil and seabed. 
pr^vr/'*""^'"" ''^' 
(i) (1) The Secretary shall approve or deny any application for a 
designated application area submitted pursuant to this Act not later 
than 90 days after the last public hearing on a proposed license for that 
area. 
Priorities. 
^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) 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; 
88 STAT. ] 
PUBLIC LAW 93-627-JAN. 3, 1975 
2135' 
(B) 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) to any other person. 
(3) In determining whether any one proposed deep 
water port 
clearly best serves the national interest, the Secretary shall consider 
the following factors: 
(A) the degree to which the proposed deep 
water ports a|Fect 
the environment, as determined under criteria established pur-
suant to section 6 of this Act; 
(B) any significant differences between anticipated completion 
dates for the proposed deepwater ports; and 
(C) 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. 
ENVIRONMENTAL REVIEW CRITERIA 
SEC. 6. (a) The Secretary, in accordance with the recommendations 
^^ "^"^ ^^os. 
of the Administrator of the Environmental Protection Agency and 
the Administrator of the National Oceanic and Atmospheric Admin-
istration 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 the date of enactment of this Act, environmental review criteria 
consistent with the National Environmental Policy Act. Such criteria 
^2 use 4321 
shall be used to evaluate a deepwater port as proposed in an appli-
cation, 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) The Secretary shall periodically review and, whenever neces-
sary, revise in the same manner as originally developed, criteria 
established pursuant to subsection (a) of this section. 
(c) Criteria established pursuant to this section shall be developed 
concurrently with the regulations in section 5(a) of this Act and in 
accordance with the provisions of that subsection. 
ANTITRUST REVIEW 
SEC. 7. (a) The Secretary shall not issue, transfer, or renew any 
33 use isoe. 
license pursuant to section 4 of this Act unless he has received the 
opinions of the Attorney General of the United States and the Federal 
Trade Commission as to whether such action would adversely affect 
competition, restrain trade, promote monopolization, or otherwise 
create a situation in contravention of the antitrust laws. The issuance 
of a license under this Act shall not be admissible in any way as a 
2136 
PUBLIC LAW 93-627-JAN. 3, 1975 
[88 
STAT. 
Application, 
submittal to At-
torney General 
and Federal 
Trade Commis-
sion. 
Report, submit-
tal to Secretary 
of Transportation. 
defense to any civil or criminal action for violation of the antitrust 
laws of the United States, nor shall it in any way modify or abridge 
any private right of action under such laws. 
(b) (1) Whenever any application for issuance, transfer, substan-
tial change in, or renewal of any license is received, the Secretary 
shall transmit promptly to the Attorney General and the Federal 
Trade Commission a complete copy of such application. Within 45 
days following the last public hearing, the Attorney General and the 
Federal Trade Commission shall each prepare and submit to the Sec-
retary a report assessing the competitive effects which may result 
from issuance of the proposed license and the opinions described in 
subsection (a) of this section. If either the Attorney General or the 
Federal Trade Commission, or both, fails to file such views within 
such period, the Secretary shall proceed as if he had received such 
views. 
(2) Nothing in this section shall be construed to bar the Attorney 
General or the Federal Trade Commission from challenging any anti-
competitive situation involved in the ownership, construction, or 
operation of a deepwaler port. 
(3) Nothing coiitained in this section shall impair, amend, broaden, 
or modify any of tlie antitrust laws. 
COMMON CARRIER STATUS 
33 use 1507. 
SEC. 8. (a) For the purpose of chapter 39 of title 18, United States 
Code (18 U.S.C. 831-837), and part I of the Interstate Commerce Act 
(49 U.S.C. 1-27), a deep water port and storage facilities serviced 
directly by such deep 
water port shall be subject to regulation as a 
common carrier in accordance w'ith the Interstate Commerce Act, as 
amended. 
(b) A licensee under this Act shall accept, transport, or convey 
without discrimination all oil delivered to the deep 
water port with 
respect to which its license is issued. Whenever the Secretary has 
reason to believe that a licensee is not operating a deepwater port, any 
storage facility or component thereof, in compliance with its obliga-
tions as a common carrier, the Secretary shall commence an appro-
priate proceeding before the Interstate Commerce Commission or he 
shall request the Attorney General to take appropriate steps to enforce 
such obligation and, where appropriate, to secure the imposition of 
appropriate sanctions. The Secretary may, in addition, proceed as 
provided in section 12 of this Act to suspend or terminate the license 
of any person so involved. 
33 u s e 1508. 
ADJACENT COASTAL STATES 
SEC. 9. (a) (1) The Secretary, in issuing notice of application pur-
suant to section 5(c) of this Act, shall designate as an "adjacent coastal 
State" any coastal State which (A) would be directly connected by 
pipeline to a deepwater port as proposed in an application, or (B) 
would be located within 15 miles of any such proposed deepwater port. 
(2) The Secretary shall, upon request of a State, and after having 
received the recommendations of the Administrator of the National 
Oceanic and Atmospheric Administration, designate such State as an 
"adjacent coastal State" if he determines that there is a risk of damage 
to the coastal environment of such State equal to or greater than 
the risk posed to a State directly connected by pipeline to the proposed 
deepwater port. This paragraph shall apply only with respect to 
requests made by a State not later than the 14th day after the date of 
88 STAT. ] 
PUBLIC LAW 93-627-JAN. 3, 1975 
2137 
publication of notice of an application for a proposed deepwater port 
in the Federal Register in accordance with section 5(c) of this Act. 
The Secretary shall make the designation required by this paragraph 
not later than the 45th day after the date he receives such a request 
from a State. 
(b) (1) Not later than 10 days after the designation of adjacent 3^tm''i«ar"o°Gov-
coastal States pursuant to this Act, the Secretary shall transmit a emors o
f adjacent 
complete copy of the application to the Governor of each adjacent '^"^^'^i states. 
coastal State. The Secretary shall not issue a license without the 
approval of the Governor of each adjacent coastal State. If the Gov-
ernor fails to transmit his 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 pre-
sumed. If the Governor notifies the Secretary that an application, 
which would otherwise be approved pursuant to this paragraph, is 
inconsistent with State programs relating to environmental protec-
tion, 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. 
(2) Any other interested State shall have the opportunity to make 
its views known to, and shall be given full consideration by, the Sec-
retary regarding the location, construction, and operation of a deep-
water port. 
(c) The Secretary shall not issue a license unless 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 toward developing an approved 
coastal zone management program pursuant to the Coastal Zone Man-
agement Act of 1972 in the area to be directly and primarily impacted 
by land and water development in the coastal zone resulting from such 
deepwater port. For the purposes of this Act, a State shall be consid-
ered to be making reasonable progress if it is receiving a planning 
grant pursuant to section 305 of the Coastal Zone Management Act. 
(d) 
The consent of Congress is given to two or more coastal States 
to negotiate and enter into agreements or compacts, not in conflict 
with any law or treaty of the United States, (1) to apply for a license 
for the ownership, construction, and operation of a deepwater port or 
for the transfer of such license, and (2) to establish such agencies, joint 
or otherwise, as are deemed necessary or appropriate for implement-
ing and carrying out the provisions of any such agreement or com-
pact. Such agreement or compact shall be binding and obligatory 
upon any State or party thereto without further approval by 
Congress. 
MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL 
SAFETY 
SEC. 10. (a) Subject to recognized principles of international law, 
^^ ^^^ ^^°-'-
the Secretary shall prescribe by regulation and enforce procedures 
with respect to any deepwater port, including, but not limited to, rules 
governing vessel movement, loading and unloading procedures, desig-
nation and marking of anchorage areas, maintenance, law enforce-
ment, and the equipment, training, and maintenance required (A) to 
prevent pollution of the marine environment, (B) to clean up any 
pollutants which may be discharged, and (C) to otherwise prevent 
or minimize any adverse impact from the construction and operation 
of such deepwater port. 
(b) The Secretary shall issue and enforce regulations with respect 
Regulations. 
to lights and other warning devices, safety equipment, and other mat-
16 
note, 
16 
use 
use 
1451 
1454. 
2138 
PUBLIC LAW 93-627-JAN. 3, 1975 
[88 STAT. 
ters relating to the promotion of safety of life and property in any 
deep 
water port and the waters adjacent thereto. 
Marking o
f com- 
(c) The Secretary shall mark, for the protection of navigation, any 
ponents. 
componcnt of a deepwater port whenever the licensee fails to mark 
such component in accordance with applicable regulations. The licensee 
shall pay the cost of such marking. 
Safety zones. 
^(j) (J) Subjcct to rccognizcd principles of international law and 
after consultation with the Secretary of the Interior, the Secretary 
of Commerce, the Secretary of State, and the Secretary of Defense, 
the Secretary shall designate a zone of appropriate size around and 
including any deepwater port for the purpose of navigational safety. 
In such zone, no installations, structures, or uses will be permitted 
that are incompatible with the operation of the deepwater port. The 
Secretary shall by regulation define permitted activities within such 
zone. The Secretary shall, not later than 30 days after publication of 
notice pursuant to section 5(c) of this Act, designate such safety zone 
with respect to any proposed deepwater port. 
(2) In addition to any other regulations, the Secretary is authorized, 
in accordance with this subsection, to establish a safety zone to be effec-
tive during the period of construction of a deepwater port and to issue 
rules and regulations relating thereto. 
INTERNATIONAL 
AGREEMENTS 
33 use 1510. 
gj;c. 11. The Secretary of State, in consultation with the Secretary, 
shall seek effective international action and cooperation in support of 
the policy and purposes of this Act and may formulate, present, or 
support specific proposals in the United Nations and other competent 
international organizations for the development of appropriate inter-
national rules and regulations relative to the construction, ownership, 
and operation of deepwater ports, with particular regard for measures 
that assure protection of such facilities as well as the promotion of 
navigational safety in the vicinity thereof. 
SUSPENSION OR TERMINATION OF LICENSES 
3 3 use 1511. 
gj,(^ 12,. (a) Whenever a licensee fails to comply with any applicable 
provision of this title or any applicable rule, regulation, restriction, or 
condition issued or imposed by the Secretary under the authority of 
this title, the Attorney General, at the request of the Secretary, may 
file an appropriate action in the United States district court nearest 
to the location of the proposed or actual deepwater port, as the case 
may be, or in the district in which the licensee resides or may be found, 
to— 
(1) suspend the license; or 
(2) if such failure is knowing and continues for a period of 
thirty days after the Secretary mails notification of such failure 
by registered letter to the licensee at his record post office address, 
revoke such license. 
No proceeding under this subsection is necessary if the license, by its 
terms, provides for automatic suspension or termination upon the 
occurrence of a fixed or agreed upon condition, event, or time. 
(b) If the Secretary determines that immediate suspension of the 
construction or operation of a deepwater port or any component 
thereof is necessary to protect public health or safety or to eliminate 
imminent and substantial danger to the environment, he shall order 
the licensee to cease or alter such construction or operation pending 
the completion of a judicial proceeding pursuant to subsection (a) 
of this section. 
88 STAT. ] 
PUBLIC LAW 93-627-JAN. 3, 1975 
2139 
RECORDKEEPING AND INSPECTION 
33 u s e 1512. 
SEC. 13. (a) Each licensee shall establish and maintain such records, 
make such reports, and provide such information as the Secretary, 
after consultation with other interested Federal departments and 
agencies, shall by regulation prescribe to carry out the provision of 
this Act. Such regulations shall not amend, contradict or duplicate 
regulations established pursuant to part I of the Interstate Commerce 
Act or any other law. Each licensee shall submit such reports and shall 
49 use i. 
make such records and information available as the Secretary may 
request. 
(b) All United States officials, including those officials responsible 
for the implementation and enforcement of United States laws appli-
cable to a deepwater port, shall at all times be afforded reasonable 
access to a deepwater port licensed under this Act for the purpose 
of enforcing laws under their jurisdiction or otherwise carrying out 
their responsibilities. Each such official may inspect, at reasonable 
times, records, files, papers, processes, controls, and facilities and may 
test any feature of a deepwater port. Each inspection shall be con-
ducted with reasonable promptness, and such licensee shall be notified 
of the results of such inspection. 
PUBLIC ACCESS TO INFORMATION 
SEC. 14. (a) Copies of any connnunication, document, report, or 
^3 use 1513. 
information transmitted between any official of the Federal Govern-
ment and any person concerning a deepwater port (other than con-
tracts referred to in section 5(c) (2) (B) of this Act) shall be made 
available to the public for inspection, and shall be available for the 
purpose of reproduction at a reasonable cost, to the public upon iden-
tifiable request, unless such information may not be publicly released 
under the terms of subsection (b) of this section. Except as provided 
in subsection (b) of this section, nothing contained in this section shall 
be construed to require the release of any information of the kind 
described in subsection (b) of section 552 of title 5, United States 
Code, or which is otherwise protected by law from disclosure to the 
public. 
(b) The Secretary shall not disclose information obtained by him 
information ciis 
under this Act that concerns or relates to a trade secret, referred to 
in section 1905 of title 18, United States Code, or to a contract 
referred to in section 5(c) (2)(B) of this Act, except that such infor-
mation may be disclosed, in a manner which is designed to maintain 
confidentiality— 
(1) to other Federal and adjacent coastal State government 
departments and agencies for official use, upon request; 
(2) to any committee of Congress having jurisdiction over the 
subject matter to which the information relates, upon request; 
(3) to any person in any judicial proceeding, under a court 
order formulated to preserve such confidentiality without impair-
ing the proceedings; and 
(4) to the public in order to protect health and safety, after 
notice and opportunity for comment in writing or for discussion 
in closed session within fifteen days by the party to which the 
information pertains (if the delay resulting from such notice and 
opportunity for comment would not be detrimental to the public 
health and safety). 
closure, prohibi-
tion. 
2140 
PUBLIC L
A
W 93-627-JAN. 3, 1975 
[88 STAT. 
REMEDIES 
Penalties. 
SBC. 15. (a) Any person who willfully violates any provision of 
33 use 1514. 
^jj^g ^^^ Qj. g^jjy Y^IQ^ order, or regulation issued pursuant thereto shall 
on conviction be fined not more than $25,000 for each day of viola-
tion or imprisoned for not more than 1 year, or both. 
^ (b) (1) Whenever on the basis of any information available to 
him the Secretary finds that any person is in violation of any pro-
vision of this Act or any rule, regulation, order, license, or condition 
thereof, or other requirements under this Act, he shall issue an order 
requiring such person to comply with such provision or requirement, 
or he shall bring a civil action in accordance with paragraph (3) of 
this subsection. 
(2) Any order issued under this subsection shall state with reason-
able specificity the nature of the violation and a time for compliance, 
not to exceed thirty days, which the Secretary determines is reasonable, 
taking into account the seriousness of the violation and any good faith 
efforts to comply with applicable requirements. 
(3) Upon a request by the Secretary, the Attorney General shall 
commence a civil action for appropriate relief, including a permanent 
or temporary injunction or a civil penalty not to exceed $25,000 per 
day of such violation, for any violation for which the Secretary is 
authorized to issue a compliance order under paragraph (1) of this 
subsection. Any action under this subsection may be brought in the 
district court of the United States for the district in which the 
defendant is located or resides or is doing business, and such court 
shall have jurisdiction to restrain such violation, require compliance, 
or impose such penalty. 
(c) Upon a request by the Secretary, the Attorney General shall 
bring an action in an appropriate district court of the United States 
for equitable relief to redress a violation by any person of any provi-
sion of this Act, any regulation under this Act, or any license condi-
tion. The district courts of the United States shall have jurisdiction to 
grant such relief as is necessary or appropriate, including mandatory 
or prohibitive injunctive relief, interim equitable relief, compensatory 
damages, and punitive damages. 
Vessels, liabii- 
((J) Auy vcsscl, cxcept a public vessel engaged in noncommercial 
activities, used in a violation of this Act or of any rule or regulation 
issued pursuant to this Act, shall be liable in rem for any civil penalty 
assessed or criminal fine imposed and may be proceeded against in any 
district court of the United States having jurisdiction thereof; but no 
vessel shall be liable unless it shall appear that one or more of the 
owners, or bareboat charterers, was at the time of the violation, a con-
senting party or privy to such violation. 
CITIZEN CIVIL ACTION 
33 use 1515. 
gj;Q_ iQ^ (a) Except as provided in subsection (b) of this section, 
any person may commence a civil action for equitable relief on his own 
behalf, whenever such action constitutes a case or controversy— 
(1) against any person (including (A) the United States, and 
(B) any other governmental instrumentality or agency to the 
extent permitted by the eleventh amendment to the Constitution) 
who is alleged to be in violation of any provision of this Act or 
any condition of a license issued pursuant to this Act; or 
(2) against the Secretary where there is alleged a failure of 
the Secretary to perform any act or duty under this Act which is 
not discretionary with the Secretary. Any action brought against 
ity. 
88 STAT. ] 
PUBLIC LAW 93-627-JAN. 3, 1975 
2141 
the Secretary under this paragraph shall be brought in the district 
court for the District of Columbia or the district of the appropriate 
adjacent coastal State. 
In suits brought under this Act, the district court shall have jurisdic- 
J^^sdiction. 
tion, without regard to the amount in controversy or the citizenship 
of the parties, to enforce any provision of this Act or any condition of 
a license issued pursuant to this Act, or to order the Secretary to per-
form such act or duty, as the case may be. 
(b) No civil action may be commenced— 
(1) under subsection (a)(1) of this section— 
(A) prior to 60 days after the plaintiff has given notice of 
the violation (i) to the Secretary and (ii) to any alleged 
violator; or 
(B) if the Secretary or the Attorney General has com-
menced and is diligently prosecuting a civil or criminal action 
with respect to such matters in a court of the United States, 
but in any such action any person may intervene as a matter 
of right; or 
(2) under subsection (a) (2) of this section prior to 60 days 
after the plaintiff has given notice of such action to the Secretary. 
Notice under this subsection shall be given in such a manner as the 
Secretary shall prescribe by regulation. 
(c) In any action under this section, the Secretary or the Attorney 
General, if not a party, may intervene as a matter of right. 
(d) The Court, in issuing any final order in any action brought 
pursuant to subsection (a) of this section, may award costs of litiga-
tion (including reasonable attorney and expert witness fees) to any 
party 
whenever the court determines that such an award is 
appropriate. 
(e) Nothing in this section shall i-estrict any right which any person 
(or class of persons) may have under any statute or common law to 
seek enforcement or to seek any other relief. 
JUDICIAL REVIEW 
SEC. 17. Any person suffering legal wrong, or who is adversely 
33 use isie. 
affected or aggrieved by the Secretary's decision to issue, transfer, 
modify, renew, suspend, or revoke a license may, not later than 60 days 
after any such decision is made, seek judicial review of such decision in 
the United States Court of Appeals for the circuit within which the 
nearest adjacent coastal State is located. A person shall be deemed 
to be aggrieved by the Secretary's decision within the meaning of 
this Act if he— 
(A) has participated in the administrative proceedings before 
the Secretary (or if he did not so participate, he can show that his 
failure to do so was caused by the Secretary's failure to provide 
the required notice); and 
(B) is adversely affected by the Secretary's action. 
LIABILITY 
SEC. 18. (a) (1) The discharge of oil into the marine environment 
on discharge, 
from a vessel within any safety zone, from a vessel which has received ^l^'usc^i'si? 
oil from another vessel at a deepwater port, or from a deepwater port 
is prohibited. 
(2) The owner or operator of a vessel or the licensee of a deepwater 
P^^aity. 
port from which oil is discharged in violation of this subsection shall 
be assessed a civil penalty of not more than $10,000 for each violation. 
2142 
PUBLIC LAW 93-627-JAN. 3, 1975 
[88 STAT. 
heaHng.^ "" 
^^ 
penalty shall be assessed unless the owner or operator or the 
licensee has been given notice and opportunity for a hearing on such 
charge. Each violation is a separate offense. The Secretary of the 
Treasury shall withhold, at the request of the Secretary, the clearance 
required by section 4197 of the Eevised Statutes of the United States, 
as amended (46 U.S.C. 91), of any vessel the owner or operator of 
which is subject to the foregoing penalty. Clearance may be granted 
in such cases upon the filing of a bond or other surety satisfactory 
to the Secretary. 
no'ufic'^itYon^'^^^' 
^^^ "^^^^ ludlvidual in charge of a vessel or a deepwater port shall 
notify the Secretary as soon as he has knowledge of a discharge of 
Penalty. 
^j^j^ j^^y 
^^^^i individual who fails to notify the Secretary immediately 
of such discharge shall, upon conviction, be fined not more than $10,000 
or imprisoned for not more than 1 year, or both. Notification received 
pursuant to this subsection, or information obtained bj^ the use of 
such notification, shall not be used against any such individual in any 
criminal case, except a prosecution for perjury or for giving a false 
statement. 
Oil removal. 
(c)(1) WlieuBver auy oil is discharged from a vessel within any 
safety zone, from a vessel which has received oil fr-om another vessel 
at a deepwater port, or from a deepwater port, the Secretary shall 
remove or arrange for the removal of such oil as soon as possible, 
unless he determines such removal will be done properly and expedi-
tiously by the licensee of the deepwater port or the owner or operator 
of the vessel from which the discharge occurs. 
(2) Removal of oil and actions to minimize damage from oil dis-
charges shall, to the greatest extent possible, be in accordance with 
the National Contingency Plan for removal of oil and hazardous sub-
stances established pursuant to section 311 (c) (2) of the Federal Water 
33 use 1321. 
Pollution Control Act, as amended. 
(3) Whenever the Secretary acts to remove a discharge of oil pur-
suant to this subsection, he is authorized to draw upon money available 
in the Deepwater Port Liability Fund established pursuant to sub-
section (f) of this section. Such money shall be used to pay promptly 
for all cleanup costs incurred by the Secretary in i-emoving or in 
minimizing damage caused by such oil discharge. 
Liability. 
^(j^ Notwithstanding any other provision of law, except as provided 
in subsection (g) of this section, the owner and operator of a vessel 
shall be jointly and severally liable, without regard to fault, for 
cleanup costs and for damages that result from a discharge of oil 
from such vessel within any safety zone, or from a vessel which has 
received oil from another vessel at a deepwater port, except when such 
vessel is moored at a deepwater port. Such liability shall not exceed 
$150 per gross ton or $20,000,000, whichever is lesser, except that 
if it can be shown that such discharge was the result of gross negli-
gence or W'illful misconduct within the privity and knowledge of the 
owner or operator, such owner and operator shall be jointly and sev-
erally liable for the full amount of all cleanup costs and damages, 
(e) Notwithstanding any other provision of law, except as provided 
in subsection (g) of this section, the licensee of a deepwater port shall 
be liable, without regard to fault, for cleanup costs and damages 
that result from a discharge of oil from such deepwater port or from 
a vessel moored at such deepwater port. Such liability shall not exceed 
$50,000,000, except that if it can be shown that such damage was the 
result of gross negligence or willful misconduct w^ithin the privity 
and knowledge of the licensee, such licensee shall be liable for the full 
amount of all cleanup costs and damages. 
88 STAT. ] 
PUBLIC LAW 93-627-JAN. 3, 1975 
2143 
(f) (1) There is established a Deepwater Port Liability Fund (here- Li^bmr^Fund°'' 
inafter referred to as the "Fund") as a nonprofit corporate entity 
'EstabLhrent. 
which may sue or be sued in its own name. The Fund shall be admin-
istered by the Secretary. 
(2) The Fund shall be liable, without regard to fault, for all cleanup 
costs and all damages in excess of those actually compensated pursuant 
to subsections (d) and (e) of this section. 
(3) Each licensee shall collect from the owner of any oil loaded 
^^^^• 
or unloaded at the deepwater port operated by such licensee, at the 
time of loading or unloading, a fee of 2 cents per barrel, except that 
(A) bunker or fuel oil for the use of any vessel, and (B) oil which 
was transported through the trans-Alaska pipeline, shall not be sub-
ject to such collection. Such collections shall be delivered to the Fund 
at such times and in such manner as shall be prescribed by the Secre-
tary. Such collections shall cease after the amount of money in the 
Fund has reached $100,000,000, unless there are adjudicated claims 
against the Fund yet to be satisfied. Collection shall be resumed when 
the Fund is reduced below $100,000,000. Whenever the money in the 
Fund is less than the claims for cleanup costs and damages for which 
it is liable under this section, the Fund shall borrow the balance 
required to pay such claims from the United States Treasury at an 
interest rate determined by the Secretary of the Treasury. Costs of 
administration shall be paid from the Fund only after appropriation 
in an appropriation bill. All sums not needed for administration and 
the satisfaction of claims shall be prudently invested in income-
producing securities issued by the United States and approved by 
the Secretary of the Treasury. Income from such securities shall be 
applied to the principal of the Fund. 
(g) Liability shall not be imposed under subsection (d) or (e) of 
Liability. 
this section if the owner or operator of a vessel or the licensee can 
show that the discharge was caused solely by (1) an act of war, or 
(2) negligence on the part of the Federal Government in establishing 
and maintaining aids to navigation. In addition, liability with respect 
to damages claimed by a damaged party shall not be imposed under 
subsection (d), (e), or (f) of this section if the owner or operator of 
a vessel, the licensee, or the Fund can show that such damage was 
caused solely by the negligence of such party. 
(h) (1) In any case where liability is imposed ])ursuant to subsec-
tion (d) of this section, if the discharge was the result of the negligence 
of the licensee, the owner or operator of a vessel held liable shall be 
subroijatecl to the rights of any person entitled to recovery against 
such licensee. 
(2) In any case where liability is imposed pursuant to subsection 
(e) of this section, if the discharge was the result of the unseaworthi-
ness of a vessel or the negligence of the owner or operator of such 
vessel, the licensee shall be subrogated to the riglits of any person 
entitled to recovery against such owner or operator. 
(3) Payment of compensation for any damages pursuant to sub-
section (f) (2) of this section shall be subject to the Fund acquiring 
by subrogation all rights of the claiuiant to recover foi- such damages 
from any other person. 
(4) The liabilities established in this section shall in no way affect 
or limit any rights which the licensee, the owner, or operator of a 
vessel, or the Fund may have against any third party whose act may 
in any way have caused or contributed to a discharp-e of oil. 
(5) In any case where the owner or operator of a vessel or the licensee 
of a deepwater port from which oil is discharged acts to remove such 
oil in accordance with subsection (c) (1) of this section, such owner or 
2144 
PUBLIC LAW 93-627-JAN 3, 1975 
[88 
STAT. 
Recovery of 
claims. 
Notice, publi-
cation in Federal 
Register and 
newspapers. 
28 u s e app. 
Cleanup costs 
and damages, 
claims. 
Appeals. 
Definitions. 
operator or such licensee shall be entitled to recover from the Fund the 
reasonable cleanup cost incurred in such removal if he can show that 
such discharge was caused solely by (A) an act of war or (B) negli-
gence on the part of the Federal Government in establishing and 
maintaining aids to navigation. 
(i) (1) The Attorney General may act on behalf of any group of 
damaged citizens he determines would be more adequately represented 
as a class in recovery of claims under this section. Sums recovered 
shall be distributed to the members of such group. If, within 90 days 
after a discharge of oil in violation of this section has occurred, the 
Attorney General fails to act in accordance with this paragraph, to sue 
on behalf of a group of persons who may be entitled to compensation 
pursuant to this section for damages caused by such discharge, any 
member of such group may maintain a class action to recover such dam-
ages on behalf of such group. Failure of the Attorney General to act 
in accordance with this subsection shall have no bearing on any class 
action maintained in accordance with this paragraph. 
(2) In any case where the number of members in the class exceeds 
1,000, publishing notice of the action in the Federal Register and in 
local newspapers serving the areas in which the damaged parties reside 
shall be deemed to fulfill the requirement for public notice established 
by rule 23 (c) (2) of the Federal Rules of Civil Procedure. 
(3) The Secretary may act on behalf of the public as trustee of the 
natural resources of the marine environment to recover for damages 
to such resources in accordance with this section. Sums recovered shall 
be applied to the restoration and rehabilitation of such natural 
resources by the appropriate agencies of Federal or State government. 
(j) (1) The Secretary shall establish by regulation procedures for 
the filing and payment of claims for cleanup costs and damages pur-
suant to this Act. 
(2) No claims for payment of cleanup costs or damages which are 
filed with the Secretary more than 3 years after the date of the dis-
charge giving rise to such claims shall be considered. 
(3) Appeals from any final determination of the Secretary pur-
suant to this section shall be filed not later than 30 days after such 
determination in the United States Court of Appeals of the circuit 
within which the nearest adjacent coastal State is located. 
(k) (1) This section shall not be interpreted to preempt the field 
of liability or to preclude any State from imposing additional require-
ments or liability for any discharge of oil from a deepwater port or a 
vessel within any safety zone. 
(2) Any person who receives compensation for damages pursuant 
to this section shall be precluded from recovering compensation for 
the same damages pursuant to any other State or Federal law. Any 
person who receives compensation for damages pursuant to any other 
Federal or State law shall be precluded from receiving compensation 
for the same damages as provided in this section. 
(1) the Secretary shall require that any owner or operator of a 
vessel using any deepwater port, or any licensee of a deepwater port, 
shall carry insurance or give evidence of other financial responsibility 
in an amount sufficient to meet the liabilities imposed by this section. 
(m) As used in this section the term— 
(1) "cleanup costs" means all actual costs, including but not 
limited to costs of the Federal Government, of any State or local 
government, of other nations or of their contractors or subcon-
tractors incurred in the (A) removing or attempting to remove, 
or (B) taking other measures to reduce or mitigate damages from, 
any oil discharged into the marine environment in violation of 
subsection (a) (1) of this section; 
88 STAT. ] 
PUBLIC LAW 93-627-JAN. 3, 1975 
2145 
(2) "damages" means all damages (except cleanup costs) suf-
fered by any person, or involving real or personal property, 
the natural resources of the marine environment, or the coastal 
environment of any nation, including damages claimed without 
regard to ownership of any affected lands, structures, fish, wild-
life, or biotic or natural resources; 
(3) "discharge" includes, but is not limited to, any spilling, 
leaking, pumping, pouring, emitting, emptying, or dumping into 
the marine environment of quantities of oil determined to be 
harmful pursuant to regulations issued by the Administrator of 
the Environmental Protection Agency; and 
(4) "owner or operator" means any person owning, operating, 
or chartering by demise, a vessel. 
(n) (1) The Attorney General, in cooperation with the Secretary, 
study. 
the Secretary of State, the Secretary of the Interior, the Administrator 
of the Environmental Protection Agency, the Council on Environ-
mental Quality, and the Administrative Conference of the United 
States, is authorized and directed to study methods and procedures 
for implementing a uniform law providing liability for cleanup costs 
and damages from oil spills from Outer Continental Shelf operations, 
deepwater ports, vessels, and other ocean-related sources. The study 
shall give particular attention to methods of adjudicating and settling 
claims as rapidly, economically, and equitably as possible. 
(2) The Attorney General shall report the results of his study _^^^^^P°'' '° ^°"' 
together with any legislative recommendations to the Congress within 
6 months after the date of enactment of this Act. 
gress. 
RELATIONSHIP TO OTHER LAWS 
SEC. 19. (a) (1) The Constitution, laws, and treaties of the United 
^^g^ p^ec^^^ 
States shall apply to a deepwater port licensed under this Act and to title i. 
activities connected, associated, or potentially interfering with the use 
or operation of any such port, in the same manner as if such port were 
an area of exclusive Federal juri'-diction located within a State. Noth-
ing in this Act shall be construed to relieve, exempt, or immunize any 
person from any other requirement imposed by Federal law, regula-
tion, or treaty. Deepwater ports licensed under this Act do not possess 
the status of islands and have no territorial seas of their own. 
(2) Except as otherwise provided by this Act, nothing in this Act 
shall in any way alter the responsibilities and authorities of a State 
or the United States within the territorial seas of the United States. 
(b) The law of the nearest adjacent coastal State, now in effect or 
hereafter adopted, amended, or repealed, is declared to be the law of 
the United States, and shall apply to any deepwater port licensed pur-
suant to this Act, to the extent applicable and not inconsistent with any 
provision or regulation under this Act or other Federal laws and regu-
lations now in effect or hereafter adopted, amended, or repealed. All 
such applicable laws shall be administered and enforced by the appro-
priate officers and courts of the United States. For purposes of this 
subsection, the nearest adjacent coastal State shall be that State whose 
seaward boundaries, if extended beyond 3 miles, would encompass the 
site of the deepwater port. 
(c) Except in a situation involving force majeure, a licensee of a 
deepwater port shall not permit a vessel, registered in or flying the 
flag of a foreign state, to call at, or otherwise utilize a deepwater port 
licensed under this Act unless (1) the foreign state involved, by spe-
cific agreement with the United States, has agreed to recognize the 
jurisdiction of the United States over the vessel and its personnel, in 
2146 
PUBLIC LAW 93-627-JAN. 3, 1975 
[88 
STAT. 
Customs laws, 
nonapplicability. 
United States 
district courts, 
original jurisdic-
tion. 
43 use 1333. 
accordance with the provisions of this Act, while the vessel is located 
within the safety zone, and (2) the vessel owner or operator has desig-
nated an agent in the United States for receipt of service of process in 
the event of any claim or legal proceeding resulting from activities of 
the vessel or its personnel while located within such a safety zone. 
(d) The customs laws administered by the Secretary of the Treasury 
shall not apply to any deepwater port licensed under this Act, but all 
foreign articles to be used in the construction of any such deepwater 
port, including any component thereof, shall first be made subject to 
all applicable duties and taxes which would be imposed upon or by 
reason of their importation if they were imported for consumption in 
the United States. Duties and taxes shall be paid thereon in accord-
ance with laws applicable to merchandise imported into the customs 
territory of the United States. 
(e) The United States district courts shall have original jurisdiction 
of cases and controversies arising out of or in connection with the con-
struction and operation of deepwater ports, and proceedings with 
respect to any such case or controversy may be instituted in the judi-
cial district in w^hich any defendant resides or may be found, or in the 
judicial district of the adjacent coastal State nearest the place where 
the cause of action arose. 
(f) Section 4(a) (2) of the Act of August 7, 1953 (67 Stat. 462) is 
amended by deleting the words "as of the effective date of this Act" in 
the first sentence thereof and inserting in lieu thereof the words ", now 
in effect or hereafter adopted, amended, or repealed". 
33 u s e 1519. 
Recommenc 
tions to Con-
gress. 
33 use 1520. 
Report to Con-
gress. 
Report to 
jress. 
ANNUAL REPORT BY SECRETARY TO CONGRESS 
SEC. 20. Within 6 months after the end of each fiscal year, the 
Secretary shall submit to the President of the Senate and the Speaker 
of the House of Representatives (1) a report on the administration of 
the Deepwater Port Act during such fiscal year, including all deep-
water port development activities; (2) a summary of management, 
supervision, and enforcement activities; and (3) recommendations to 
the Congress for such additional legislative authority as may be 
necessary to improve the management and safety of deepwater port 
development 
and 
for 
resolution 
of 
jurisdictional 
conflicts 
or 
ambiguities. 
P I P E L I N E SAFETY AND OPERATION 
SEC. 21. (a) The Secretary, in cooperation with the Secretary of the 
Interior, shall establish and enforce such standards and regulations as 
may be necessary to assure the safe construction and operation of oil 
pipelines on the Outer Continental Shelf. 
(b) The Secretary, in cooperation with the Secretary of the Interior, 
is authorized and directed to report to the Congress within 60 days 
after the date of enactment of this Act on appropriations and staffing 
needed to monitor pipelines on Federal lands and the Outer Con-
tinental Shelf so as to assure that they meet all applicable standards 
for construction, operation, and maintenance. 
(c) The Secretary, in cooperation with the Secretary of the Interior, 
is authorized and directed to review all laws and regulations relating 
to the construction, operation, and maintenance of pipelines on Federal 
lands and the Outer Continental Shelf and to report to Congress 
thereon within 6 months after the date of enactment of this Act on 
administrative changes needed and recommendations for new legisla-
tion. 
88 STAT. ] 
PUBLIC LAW 93-628-JAN. 3, 1975 
2147 
NEGOTIATIONS WITH CANADA AND MEXICO 
SEC. 22. The President of the United States is authorized and 
33 use 1521. 
requested to enter into negotiations with the Governments of Canada 
and Mexico to determine: 
(1) the need for intergovernmental understandings, agreements, 
or treaties to protect the interests of the people of Canada, Mexico, 
and the United States and of any party or parties involved with 
the construction or operation of deepwater ports; and 
(2) the desirability of undertaking joint studies and investiga-
tions designed to insure protection of the environment and to 
eliminate any legal and regulatory uncertainty, to assure that the 
interests of the people of Canada, Mexico, and the United States 
are adequately met. 
The President shall report to the Congress the actions taken, the 
Report to con-
progress achieved, the areas of disagreement, and the matters about e""^^^-
which more information is needed, together with his recommendations 
for further action. 
PUBLIC LAW 93-153 
SEC. 23. Nothing in this Act shall be construed to amend, restrict, 
33 use 1522. 
or otherwise limit the application of section 28 (u) of the Mineral 
Leasing Act of 1920, as amended by Public Law 93-153. 
3
o use iss. 
GENERAL PROCEDURES 
SEC. 24. The Secretary or his delegate shall have the authority to 
33 use 1523, 
issue and enforce ordei's during proceedings brought under this Act. 
Such authority shall include the authority to issue subpenas, admin-
ister oaths, compel the attendance and testimony of witnesses and the 
production of books, papers, documents, and other evidence, to take 
depositions before any designated individual competent to administer 
oaths, and to examine witnesses. 
AUTHORIZATION FOR APPROPRIATIONS 
SEC. 25. There is authorized to be appropriated for administration 
^^ ^^'^ ^^2"*-
of this Act not to exceed $2,500,000 for the fiscal year ending June 30, 
1975, not to exceed $2,500,000 for the fiscal year ending June 30, 1976, 
and not to exceed $2,500,000 for the fiscal year ending June 30, 1977. 
Approved January 3, 1975. 
Public Law 93-628 
AN ACT 
January 3, 1975 
To amend title 10, United States Code, to enable the Naval Sea Cadet Corps and 
[H.R. 11144] 
^ 
the Young Marines of the Marine Corps League to obtain, to the same extent 
as the Boy Scouts of America, obsolete and surplus naval material. 
Naval Sea Cadet 
eorps and Young 
Marines. 
material, recipi-
ents. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That (a) section 
7541 of title 10, United States Code, is amended— 
(1) in the first sentence, by inserting immediately before the 
surplus navai 
period at the end thereof the following: ", to the Naval Sea Cadet 
Corps for the sea cadets, and to the Young Marines of the Marine 
Corps League for the young marines"; and 
(2) by striking out the second sentence and inserting in lieu 
thereof the following: "The cost of transportation and delivery 
of material given or sold under this section shall be charged to the 
Boy Scouts of America, to the Naval Sea Cadets, or to the Young