text:
Page:The Eurypterida of New York Volume 1.pdf/13

 These sandy shales are full of organic remains, partly of the supposed seaweed  Hall and partly of what appear to be large undefined patches of eurypterid integument. In the black shales the eurypterid remains are rarer but their surface sculpture is excellently retained, and here their organic associates are  and. As a result of imperfect retention of these eurypterids in the rocks where they most abound and their sparseness in the shales which have best preserved them, we are still left in ignorance of the full composition of this assemblage, but it is safe to say genera, species and individuals were abundant at this early period, and the evolution of distinctive characters which we have heretofore recognized only in a later period had progressed to so sharp a differentiation, that we are compelled to carry back further in history, some of the commoner generic designations. These remains in the Frankfort shale are distributed through fully 1500 feet of strata deposited off a northeast-southwest coast line in an area of maximum deposition, and it is difficult to conceive that the physical conditions of the habitat of these merostomes were those of an inshore pool—rather those of a purely marine basin where sedimentation went on rapidly in an appalachian depression. Hence this occurrence is without parallel among our assemblages of these creatures in respect to long endurance.

All other occurrences of Siluric eurypterids in New York have been desultory and indicate no intercommunication between the pools or colonies mentioned.


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/803

 88 STAT. ]

PUBLIC LAW 93-625-JAN. 3, 1975

2119

elected to, or is a candidate (within the meaning of section 41(c) (2)) for nomination or election to, any Federal, State, or local elective public office for use by such individual exclusively for the preparation and circulation of such individual's newsletter shall, except as provided in paragraph (2), be treated as if such fund constituted a political organization, " (2) ADDITIONAL MODIFICATIONS.—In the case of any fund described in paragraph (1)— " (A) the exempt function shall be only the preparation and circulation of the newsletter, and " (B) the specific deduction provided by subsection (c) (2)(A) shall not be allowed." (b) REQUIREMENT OF RETURN.—Section 6012(a)

(relating to per-

sons required to make returns of income) is amended by striking out "and" at the end of paragraph (4), by inserting "and" at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: "(6) Every political organization (within the meaning of section 6 2 7 (e)(1)), and every fund treated under section 527(g) as if it constituted a political organization, which has political organization taxable income (within the meaning of section 527(c)(1)) for the taxable year;". Section 6012(a) is amended by striking out the last sentence thereof. (c) CONFORMING AMENDMENT.—Section 501(b) (relating to tax on

^^ ^^'^ '*^-

^^ ^^^ ^°^^-

An^e, p. 2116.

^"'^' p-1297. 26 USC 501.

unrelated business income and certain other activities) is amended by striking out "parts II and III " each place it appears and inserting in lieu thereof "parts II, III, and VI". (d) CLERICAL AMENDMENT.—The table of parts for subchapter F is amended by adding at the end thereof the following new item: "Part VI. Political Organizations.".

(e) EFFECTIVE DATE.—The amendments made by subsections (a), (b), (c), and (d) shall apply to taxable years beginning after December 31, 1974. (f) EXEMPTION FROM F I L I N G REQUIREMENT FOR PRIOR YEARS W H E R E INCOME OF POLITICAL PARTY W A S $100 OR LESS.—In the case

of a taxable year beginning after December 31, 1971, and before January 1, 1975, nothing in the Internal Revenue Code of 1954 shall be deemed to require any organization described in section 527(e)(1) of such Code to file a return for the taxable year under such Code if such organization would be exempt from so filing under section 6012(a)(6) of such Code if such section applied to such taxable year. (g) TECHNICAL AMENDMENT.—The Act entitled "An Act to amend the Internal Revenue Code of 1954 with respect to advertising in a convention program of a national political convention", approved June 18, 1968 (82 Stat. 183; Public Law 90-346) is repealed. SEC. 11. EXTENSION OF EXISTING CREDIT AND DEDUCTION PROVISIONS FOR POLITICAL CONTRIBUTIONS TO CONTRIBUTIONS FOR NEWSLETTERS; TWO-YEAR RULE FOR ANNOUNCING CANDIDACY. (a) GENERAL RULE.—Section 41(a) (relating to contributions to candidates for public office) is amended by inserting "and all newsletter fund contributions" after "all political contributions". (b) VERIFICATION.—Section 41(b)(3) (relating to verification) is amended— (1) by striking out "political contribution" the first place it appears and inserting in lieu thereof "political contribution or newsletter fund contribution", and (2) by striking out "political contribution" the second place it appears and inserting in lieu thereof "contribution".

26 USC

527

note.

26 USC 6012 note.

26 USC 1 et seq. Ante, p,.

211f

Supra. Repeal.

26 USC

276

note.

26 USC

41.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 88 Part 2.djvu/804

 2120 26 USC 41. funcfcrntrlbution."

26 USC 218.

•^"P'^-

PUBLIC LAW 93-625-JAN. 3, 1975

[88 STAT.

^^^ DEriNiTioN.—Section 41(c) is amended by adding at the end thereof the following new paragraph: "^^) NEWSLETTER FUND CONTRIBUTION.—The term 'newsletter fund contribution' means a contribution or gift of money to a fund established and maintained by an individual who holds, has been elected to, or is a candidate for nomination or election tOj any Federal, State, or local elective public office for use by such individual exclusively for the preparation and circulation of a newsletter." (d) CONFORMING AMENDMENTS I N DEDUCTION PROVISION.—Section

218 (relating to contributions to candidates for public office) is amended— (1) by inserting "or newsletter fund contribution (as defined in section 41(c)(5)) " after "section 41(c)(1) " in subsection (a); and (2)(A) by striking out "political contribution" the first place it appears in subsection (b)(2) and inserting in lieu thereof "political contribution or newsletter fund contribution"; and (B) by striking out "political contribution" the second place it appears in subsection (b)(2) and inserting in lieu thereof "contribution". (e) Two-YEAR RULE FOR ANNOUNCING CANDIDACY.—Section 41(c)

26 USC 41.

(2)(A) (defining candidate) is amended by striking out "has publicly announced" and inserting in lieu thereof "publicly announces before the close of the calendar year following the calendar year in which the contribution or gift is made". 26 USC 41 note. (f) EFFECTIVE DATE.—The amendments made by this section shall apply to any contribution payment of which is made after December 31, 1974, in taxable years beginning after such date. SEC. 12. INCREASE IN POLITICAL CONTRIBUTIONS CREDIT AND DEDUCTION. (a) INCREASE I N CREDIT.—Section 41(b)(1) (relating to maximum credit for contributions to candidates for public office) is amended to read as follows: "(1) MAXIMUM CREDIT.—The credit allowed by subsection (a) for a taxable year shall not exceed $25 ($50 in the case of a joint 26 USC 6013. return under section 6013)." 26 USC 218.

^1^^ INCREASE I N DEDUCTION.—Section 218(b)(1)

(relating

to

amount of deduction for contributions to candidates for public office) is amended to read as follows: "(1) AMOUNT.—The deduction under subsection (a) shall not exceed $100 ($200 in the case of a joint return under section

6013)." 26 USC 41 note.

^^^ EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall apply with respect to any contribution the payment of which IS made after December 31, 1974, in taxable years beginning after such date. SEC. 13. TRANSFER OF APPRECIATED PROPERTY TO POLITICAL ORGANIZATIONS. (a) I N C L U S I O N I N GROSS I N C O M E OF TRANSFEROR.—

26 USC 71. 26 USC 84.

(1) jjf GENERAL.—Part II of subchapter B of chapter 1 (relating to items specifically included in gross income) is amended by adding at the end thereof the following new section: gj;c. 84. TRANSFER OF APPRECIATED PROPERTY TO POLITICAL ORGANIZATION. " (a) GENERAL RULE.—If—

"(1) any person transfers property to a political organization, and

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Page:United States Statutes at Large Volume 88 Part 2.djvu/805

 88 STAT. ]

PUBLIC LAW 93-626-JAN. 3, 1975

2121

" (2) the fair market value of such property exceeds its adjusted basis, then for purposes of this chapter the transferor shall be treated as having sold such property to the political organization on the date of the transfer, and the transferor shall be treated as having realized an amount equal to the fair market value of such property on such date. (b) BASIS OF PROPERTY.—In the case of a transfer of property to a political organization to which subsection (a) applies, the basis of such property in the hands of the political organization shall be the same as it would be in the hands of the transferor, increased by the amount of gain recognized to the transferor by reason of such transfer. "(c) POLITICAL ORGANIZATION DEFINED.—For purposes of this section, the term 'political organization' has the meaning given to such term by section 527(e)(1)." (2) CLERICAL AMENDMENT.—The table of sections for such part II is amended by adding at the end thereof the following: "Sec. 84. Transfer of appreciated property to political organizations." (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to transfers made after May 7, 1974, in taxable years ending after such date. (c) NONRECOGNITION OF G A I N OR LoSS W H E R E ORGANIZATION SOLD CONTRIBUTED PROPERTY BEFORE AUGUST 2, 1973.—In the case of the

sale or exchange before August 2, 1973, by an organization described in section 527(e)(1) of the Internal Revenue Code of 1954 of property which such organization acquired by contribution (within the meaning of section 271(b)(2) of such Code), no gain or loss shall be recognized by such organization. SEC. 14. GIFT TAX NOT TO APPLY TO CONTRIBUTIONS TO POLITICAL ORGANIZATIONS. (a) IN GENERAL.—Section 2501(a) (relating to taxable transfers for purposes of the gift tax) is amended by adding at the end thereof the following new paragraph: "(5)

TRANSFERS TO POLITICAL ORGANIZATIONS.—Paragraph

Ante, p. 2116.

^^ ^^^ ^'^ "°*«26 USC 84 note.

26 USC 271,

26 USC 250:l.

(1)

shall not apply to the transfer of money or other property to a political organization (within the meaning of section 527(e)(1)) for the use of such organization." (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to transfers made after May 7, 1974. Approved January 3, 1975.

^"*^> p- 2116. ^^ ^^"^ 2^°^

Public Law 93-626 AN ACT

January 3, 1375

To establish the Canaveral National Seashore in the State of Florida, and for other purposes.

[H. R. 5773]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to Canaveral Napreserve and protect the outstanding natural, scenic, scientific, ecologic, F"^ ^^ seashore, and historic values of certain lands, shoreline, and waters of the State Establishment. of Florida, and to provide for public outdoor recreation use and le use 459J. enjoyment of the same, there is hereby established the Canaveral National Seashore (hereinafter referred to as the "seashore"), as generally depicted on the map entitled "Boundary Map, Canaveral National Seashore", dated August 1974 and numbered N S - C A N 40,000A. Such seashore shall comprise approximately sixty-seven thousand five hundred acres within the area more particularly

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Page:United States Statutes at Large Volume 88 Part 2.djvu/806

 2122

PUBLIC LAW 93-626-JAN. 3, 1975

[88 STAT.

described by a line beginning at the intersection of State Highway 3 and State Road 402, thence generally easterly following State Road 402 to a point one-half mile offshore in the Atlantic Ocean, thence northwesterly along a line which is at each point one-half mile distant from the high water mark to Bethune Beach, thence inland in a generally westerly direction through Turner Flats and Shipyard Canal, thence northwesterly to the Intracoastal Waterway, thence southerly along the Intracoastal Waterway to the boundary of the Kennedy Space Center, thence southwesterly to United States Highway 1, thence southerly along State Highway 3 to the point of beginning. The boundary map shall be on file and available for public inspection in the offices of the United States Fish and Wildlife Service and National Park Service, Departviru)n"s'^^'^ubirca- ^^^^ ^f the lutcrior, Washington, District of Columbia. After advistion in Federal lug the Commlttccs ou Interior and Insular Affairs of the United Register. States Cougrcss, in writing, at least sixty days prior to making any boundary revisions, the Secretary may from time to time make minor revisions in the boundaries of the seashore by publication of a revised map or other boundary description in the Federal Register: Provided, That the total acreage included within the boundaries shall not exceed that enumerated in this section. Land acquisigj^^_ g. Wlthlu the bouudarics of the seashore, the Secretary may tion 16 USC 459J-1. acquire lands, waters, and interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer. Any property owned by the State of Florida or any political subdivision thereof may be acquired only by donation. I t is the intent and purpose of this Act that the Secretary shall have sole authority to develop and improve those State owned lands donated now and in the future in accordance with the intent and purposes of this Act. Notwithstanding any other provision of law, any federally owned property within the boundaries of the seashore may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary of the Interior and he may develop and administer such lands in a manner consistent with the purposes of this Act. In accepting lands transferred by the National Aeronautics and Space Administration pursuant to this Act, the Secretary shall enter into a written cooperative agreement with the Administrator to assure the use of such lands in a manner which is deemed consistent with the public safety and with the needs of the space and defense programs of the Nation: Provided, That no new construction or development shall be permitted within the seashore, except for the construction of such facilities as the Secretary deems necessary for the health and safety of the visiting public or for the Report to con- proDcr administration of the seashore: Provided further, That after gressional com the date oi the enactment of this Act the Secretary of the Interior, mittees. in cooperation with the Administrator of the National Aeronautics and Space Administration, shall submit to the Committees on Interior and Insular Affairs of the Congress and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a report of all land transfers made by the National Aeronautics and Space Administration to the Department of the Interior under this Act.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/807

 88 STAT. ]

PUBLIC LAW 93-626-JAN. 3, 1975

2123

SEC. 3. (a) Except for property deemed necessary by the Secretary ^^ use 459J-2. for visitor facilities, or for access to or administration of the seashore, any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for themselves and their successors or assigns a riglit of use and occupancy of the improved property for noncommercial residential purposes for a definite term not to exceed twenty-five years, or in lieu thereof, for a term ending at the death of the owner, or the death of his spouse, whichever is the later. The owner shall elect the term to be reserved. Unless the property is wdiolly or partially donated to the United States, the Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. (b) The Secretary may tenninate a right of use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this Act, and upon tender to the holder of the right of an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination. (c) The term "improved property", as used in this section shall "improved propmean a detached, noncommercial residential dwelling, the construe- ^'^ ^' tion of which was begun before January 1, 1971 (hereafter referred to as "dwelling"), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dw^elling for the sole purpose of noncommercial residential use, together with any structures, necessary to the dwelling which are situated on the land so designated. (d) Except as otherwise provided, the Secretary shall have the authority to use condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances. SEC. 4. The Secretary sljall permit hunting, fishing, and trapping Hunting, fishirig, on lands and waters under his jurisdiction within the boundaries of ^"le iJsc'459j-3. the seashore in accordance with the appropriate laws of the State of Florida and the United States to the extent applicable, except that he may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, fish and wildlife management, public use and enjoyment, protection of the resource, or competing public use. Except in emergencies, any regulations prescribing any such restrictions shall be put into effect only after consultation with the appropriate State agency responsible for hunting, fishing, and trapping activities. SEC. 5 (a) The seashore shall be administered, protected, and devel- Administration. oped m accordance with the provisions 01 the Act of August 25, 1916 16 USC 459J-4. (39 Stat. 535; 16 U.S.C 1, 2-4), as amended and supplemented, except that any other statutory authority available to the Secretary for the conservation management of natural resources may be utilized to the extent he finds such authority will further the purposes of the Act. (b) Notwithstanding any other provisions of this Act, lands and waters in the Merritt Island National Wildlife Refuge as described in subsection (c)(2) of this section which are part of the seashore shall be administered for refuge purposes through the United States Fish and Wildlife Service pursuant to the National Wildlife Refuge

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Page:United States Statutes at Large Volume 88 Part 2.djvu/808

 2124

PUBLIC LAW 93-626-JAN. 3, 1975

[88 STAT.

System Administration Act, as amended (80 Stat. 926; 16 U.S.C. 668dd-668ee), except that the Secretary may utilize such additional authority as may be available to him for the conservation and management of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretive education as he deems appropriate, consistent with the preservation of natural and wildlife values. (c) The Secretary shall cause to be issued a well defined division of management authority between the National Park Service and the United States Fish and Wildlife Service. I t is the intent and purpose of this Act that such management authority, generally, shall be as follows: (1) The National Park Service shall administer those lands and waters described as follows: beginning at the intersection of State Highway 3 and State Road 402; thence easterly along State Road 402 and continuing easterly in a straight line to a point one-half mile offshore in the Atlantic Ocean, following the southern boundary of the seashore created in section 1; thence northwesterly along the boundary of the seashore created in section 1, which line is at each point onehalf mile distance from the high water mark, to Bethune Beach; thence inland in a generally westerly direction through Turner Flats and Shipyard Canal; thence northwesterly to the Intracoastal Waterway; thence southerly along the Intracoastal Waterway to the boundary of the Kennedy Space Center; then southwesterly to United States Highway 1; thence southerly along State Highway 3 to the northern boundary of H. M. Gomez Grant; thence easterly along the northern boundary of H. M. Gomez Grant and continuing easterly in a straight line to a point of intersection with the line between the marsh and the dunes; thence southerly along the line between the marsh and the dunes to a point approximately one-half mile north of the southern boundary of the seashore created in section 1; thence westerly in a straight line to connect with ^nd to follow the Government Railroad to its intersection with State Highway 3; thence southerly along State Highway 3 to the point of beginning. The portion of land bounded by the northern boundary of the H. M. Gomez Grant is hereby transferred to the Secretary of the Interior and may be used for the purpose of establishing such facilities as are needed for Ho^uand^visuor Center, designa'^°"-

^^® admiulstration of the seashore, for the construction of the principal vlsitor center which shall be designated as the "Spessard L. Holland Visitor Center", and for a central access to the seashore: Provided, however, That the Secretary of the Interior, upon the request of the Administrator of the National Aeronautics and Space Administration, shall close this area or any part thereof to the public when necessary for space operations. In administering the shoreline and adjacent lands the Secretary shall retain such lands in their natural and primitive condition, shall prohibit vehicular traffic on the beach except for administrative purposes, and shall develop only those facilities which he deems essential for public health and safety. (2) The United States Fish and Wildlife Service shall administer the remaining lands described in section 1 of the Act. '^'"i^^e^r^.T^ ^^^* ^' ^^) There is hereby established the Canaveral National SeaAdvi^sory'^commis- shore Advisory Commission which shall consult and advise with the sion. Secretary on all matters of planning, development, and operation of Establishment. 16 USC 459J-S.

"^

jr

07

ir

5

ir

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text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/809

 88 STAT. ]

PUBLIC LAW 93-626-JAN. 3, 1975

the seasliore and shall provide such other advice and assistance as may be useful in carrying out the purposes of this Act, The Commission shall terminate ten years after the date the seashore is established pursuant to this Act, unless extended by the Congress. The Commission shall be composed of five members who shall serve for terms of two years. Members shall be appointed by the Secretary, one of whom he shall designate as Chairman, in the following manner: (1) one member from each county in which the seashore is located, to be selected from recommendations made by the county commission in each county; (2) two members representing the State of Florida who shall be selected from recommendations made by the Governor of Florida; and (3) one member representing the general public. (b) After the Secretary designates the member to be Chairman, the Commission may meet as often as necessary at the call of the Chairman or of the Secretary, or upon petition of a majority of the members of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment was made. (c) Members of the Commission shall serve without compensation, as such, but the Secretary may pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the Commission and its members in carrying out their responsibilities under this section. SEC. 7. Upon enactment of this Act, those lands to be used for the administrative and visitor facilities described in section 5(c)(1) shall be transferred by this Act to the Secretary of the Interior and those portions of the John F. Kennedy Space Center falling within the boundaries of the seashore as defined in section 1 of this Act shall become a part of the seashore, and within ninety days thereafter, the Administrator, National Aeronautics and Space Administration, shall grant to the Secretary for carrying out the intent and purpose of this Act such use of said portions as the Administrator determines is not inconsistent with public safety and the needs of the space and defense programs of the Nation. Notwithstanding any other provision of law, any lands within the seashore which the Administrator determines to be excess to the needs of such agency shall be transferred to the Secretary of the Interior for administration in accordance with the provisions of this Act: Provided., That any portions of the John F. Kennedy Space Center within the seashore not transferred to the Secretary shall remain under the control and jurisdiction of the Administrator. SEC. 8. Within three years from the date of enactment of this Act, the Secretary shall review the area within the seashore and shall report to the President, in accordance with section 3(c) and (d) of the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his recommendations as to the suitability or nonsuitability of any area within the seashore for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act. SEC. 9. (a) There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, but not more than $7,941,000 for the acquisition of lands and interests in lands. In order to avoid excessive costs resulting from delays in the acquisition program, the Secretary shall make every reasonable effort to promptly acquire the privately owned lands within the seashore. Until all such lands are acquired, he shall report, in writing on June 30 of each year to the Committees on Interior and Insular Affairs of the United States Congress, the following information:

2125 Termination.

Membership.

Transfer of lands. 16 USC 459J-6.

Report to P r e s ident. 16 USC 459.i-7.

16 USC 4S9j-8.

Reports to cong r e s s i o n a l committees.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/810

 2126

Seashore development plan,

transmittal to congressional

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. /j^\ YoT the development of essential public facilities there are i

-

i

i

•

^

n

^

-%IT-

authorized to be appropriated not more than $500,000. Within three 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 development 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

January s, 1975

[H. R. 10701]

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.

Be it enacted by 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 USC 1501.

g^c. 2. (a) I t is declared to be the purposes of the Congress in this Act to— (1) authorize and regulate the location, ownership, construction, and operation of deepwater ports in waters beyond the territorial 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 operation of deepwater ports; and (4) protect the rights and responsibilities of States and communities 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 construed to affect the legal status of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/811

 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 common 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 operation 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 naturalization 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 conduct the business of the board; (6) "coastal environment" means the navigable waters (including 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, repairing, 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 USC 1502.

15 USC 1, 12. 15 USC 8, 9.

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 2128

Post, p. 2147.

42 USC 1857 33 USC 1251 "°*^-

note

PUBLIC LAW 93-627-JAN. 3, 1975

[88 STAT.

(9) "control" means the power, directly or indirectly, to determine 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 [j^ section 23. The term includes all associated components and equipment, including pipelines, pumping stations, service platforms, 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 ^^j. j^Q^^ g g amended, and the Federal Water Pollution Control ^ 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 pursuant 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 corporation, 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 FOR THE OWNERSHIP, CONSTRUCTION, AND OPERATION OF A DEEPWATER PORT

33 USC 1503.

gj,(,_ 4_ ^a) No person may engage in the ownership, construction, or operation of a deepwater port except in accordance with a license

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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 provides, for the transshipment of oil, destined for locations outside the United States, (b) The Secretary is authorized, upon application and in accordance with the provisions of this Act, to issue, transfer, amend, or renew a license for the ownership, construction, and operation of a deepwater port. License, issu(c) The Secretary may issue a license in accordance with the provisions 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 unreasonably interfere with international navigation or other reasonable uses of the high seas, as defined by treaty, convention, or customary 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 constructed 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 pro42 visions of the Clean Air Act, as amended, the Federal Water note. u s e 1857 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 otherwise create a situation in contravention of the antitrust laws; (8) he has consulted with the Secretary of the Army, the Secretary of State, and the Secretary of Defense, to determine their

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 2130

16 USC 1451

note

33 USC 403.

eonditions.

Removal requirements.

PUBLIC LAW 93-627-JAN. 3, 1975

[88 STAT.

views on the adequacy of the application, and its effect on programs within their respective jurisdictions; (9) the Governor of the adjacent coastal State or States, pursuant 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 pursuant 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 iQ of ^j^g,^(,^ of March 3, 1899 (30 Stat. 1121), for such construction; 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 economic, 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. ^Q^ (^2^ jjj issuing a license for the ownership, construction, and operation of a deepwater port, the Secretary shall prescribe any conditions 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 safeguards 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 prescribe 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 revocation or termination of a license, the licensee will remove all components 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

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necessary and that the remaining components do not constitute any threat to navigation or to the environment. A t 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 components 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 of uferred 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 "^^^ ^"<^ "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 reasonable 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 enactment 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 environment; (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 regulations 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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Secretary of

mit detailed plans to the Secretary. Withni 21 days after the receipt oi Transportation. an application, the Secretary shall determine whether 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 days after making such a determination, publish notice of the appli- pgHer^i^R''"" '" cation and a summary of the plans in the Federal Register. I f the Sec- ^ ^^ egister. "^ retary determines that all of the required information does not appear

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PUBLIC LAW 93-627-JAN. 3, 1975

[88 STAT.

to be contained in the application, the Secretary shall notify the applicant 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 construction or operation of the deepwater port, and a copy of any such contract; (C) the name, address, citizenship, and telephone number of each affiliate of the applicant and of any person required to be disclosed pursuant to subparagraphs (A) or (B) of this paragraph, 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 description of each phase, including anticipated dates of completion for each of the specific components thereof; (G) the location and capacity of existing and proposed storage facilities and pipelines which will store or transport oil transported through the deepwater port, to the extent known by the applicant or any person required to be disclosed pursuant to subparagraphs (A), (B), o r (C) of this paragraph; (PI) with respect to any existing and proposed refineries which will receive oil transported through the deepwater port, the location and capacity of each such refinery and the anticipated volume of such oil to be refined by each such refinery, to the extent known by the applicant or any person required to be disclosed pursuant to subparagraphs (A), (B), or (C) 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 systems of oil spill prevention, containment, and cleanup; and (L) such other information as may be required by the Secretary to determine the environmental impact of the proposed deepwater port. Publication in ('(jj (^^^ ^t the time notice of an application is published pursuant eglster. ^^ subsection (c) of this section, the Secretary shall publish a description in the Federal Register of an application area encompassing the deepwater port site proposed by such application and within which construction of the proposed deepwater port would eliminate, at the time such application was submitted, the need for any other deepwater port within that application area.

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{'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 high 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 this 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 ownership, construction, and operation of a deepAA'ater poit within the designated application area for AAdiich a notice of intent to file Avas receiAed after such 60-day period, or which 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 Environmental Protection Agency, the Chief of Engineers of the United States Army Corps of Engineers^ the Administrator of the National Oceanic and Atmospheric Administration, and the heads of any other Federal departments or agencies having expertise concerning, or jurisdiction over, any aspect of the construction or operation of deepwater jDorts shall transmit to the Secretary Avritten comments as to their expertise or statutory responsibilities pursuant to this Act or any other Federal law. (2) An application filed with the Secretary shall constitute an application for all Federal authorizations required for ownership, construction, and operation of a 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 Federal agencies and departments with 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 law. Each agency or department involved shall review the application and, based upon legal considerations within its area of responsibility, recommend to the Secretary the approval or disapproval of the application not later than 45 days after the last public hearing on a proposed license for a designated application area. I n 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. I n preparing such statement the Secretary shall consider the criteria established under section 6 of this Act.

2133 'Application

RecommendEit i o n s to Secretary of Transportation.

Environmental impact statement.

42 USC 4332.

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 2134 Public notice earings.

PUBLIC LAW 93-627-JAN. 3, 1975

[88 STAT.

^g^ j ^ liceiisB iHaj be issued, transferred, or renewed only after publlc notice 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 adjudicatory 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 agencies. All public hearings on all applications for any designated application area shall be consolidated and shall be concluded not later than 240 days after notice of the initial application has been published pursuant to section 5(c) of this Act. Nonrefundable (h)(1) Each person applying for a license pursuant to this Act application fee. shall remit to the Secretary at the time the application is filed a nonrefundable application fee established by regulation by the Secretary. I n addition, an applicant shall also reimburse the United States and the appropriate adjacent coastal State for any additional costs incurred in processing an application. State f e e s. (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, environmental, 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-way 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;

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(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) I n 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 pursuant 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 of the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration 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 shall be used to evaluate a deepwater port as proposed in an application, 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 necessary, 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

^^ "^"^ ^^os.

^2 USC 4321

REVIEW

SEC. 7. (a) The Secretary shall not issue, transfer, or renew any 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

33 USC isoe.

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 2136

Application, submittal to Attorney General and Federal Trade Commission. Report, submittal to Secretary of Transportation.

PUBLIC LAW 93-627-JAN. 3, 1975

STAT.

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, substantial 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 Secretary 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 anticompetitive 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 the antitrust laws. COMMON CARRIER

33 USC 1507.

[88

STATUS

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 obligations as a common carrier, the Secretary shall commence an appropriate 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. A D J A C E N T COASTAL STATES

33 USC 1508.

SEC. 9. (a)(1) The Secretary, in issuing notice of application pursuant 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

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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°Govcoastal States pursuant to this Act, the Secretary shall transmit a emors of 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 Governor 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 presumed. 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 protection, 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 Secretary regarding the location, construction, and operation of a deepwater 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 Man16 agement Act of 1972 in the area to be directly and primarily impacted note, use 1451 by land and water development in the coastal zone resulting from such deepwater port. For the purposes of this Act, a State shall be considered to be making reasonable progress if it is receiving a planning grant pursuant to section 305 of the Coastal Zone Management Act. 16 USC 1454. (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 implementing and carrying out the provisions of any such agreement or compact. Such agreement or compact shall be binding and obligatory upon any State or party thereto without further approval by Congress. M A R I N E ENVIRONMENTAL PROTECTION A N D 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, designation and marking of anchorage areas, maintenance, law enforcement, 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 to lights and other warning devices, safety equipment, and other mat-

^^ ^^^ ^^°-'-

Regulations.

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[88 STAT.

ters relating to the promotion of safety of life and property in any deep water port and the waters adjacent thereto. Marking of 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) I n addition to any other regulations, the Secretary is authorized, in accordance with this subsection, to establish a safety zone to be effective during the period of construction of a deepwater port and to issue rules and regulations relating thereto. INTERNATIONAL

33 USC 1510.

AGREEMENTS

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 international 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. S U S P E N S I O N OR TERMINATION OF LICENSES

33 USC 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.

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INSPECTION

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 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 applicable 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 conducted with reasonable promptness, and such licensee shall be notified of the results of such inspection.

33 USC 1512.

49 USC i.

P U B L I C ACCESS TO INFORMATION

SEC. 14. (a) Copies of any connnunication, document, report, or ^3 USC 1513. information transmitted between any official of the Federal Government and any person concerning a deepwater port (other than contracts 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 identifiable 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 closure, prohibiunder this Act that concerns or relates to a trade secret, referred to tion. 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 information 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 impairing 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).

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REMEDIES

Penalties. 33 USC 1514.

SBC. 15. (a) Any person who willfully violates any provision of ^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 violation 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 provision 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 reasonable 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 provision of this Act, any regulation under this Act, or any license condition. 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) Any vcsscl, cxcept a public vessel engaged in noncommercial ity. 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 consenting party or privy to such violation. CITIZEN CIVIL ACTION 33 USC 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

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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. I n suits brought under this Act, the district court shall have jurisdiction, 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 perform 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 commenced 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 litigation (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 restrict 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.

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J^^sdiction.

J U D I C I A L REVIEW

SEC. 17. Any person suffering legal wrong, or who is adversely 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.

33 USC isie.

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.

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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 Revised 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^'^^^'

^^^ "^^^^ l u d l v i d u a l in c h a r g e of a vessel or a d e e p w a t e r p o r t shall notify the Secretary as soon as he has knowledge of a d i s c h a r g e of ^j^j^ j^^y ^^^^i i n d i v i d u a l w h o fails to notify the Secretary i m m e d i a t e l y of such d i s c h a r g e shall, upon conviction, be fined not more than $10,000 or i m p r i s o n e d for not more than 1 year, or both. Notification received pursuant to t h i s subsection, or information o b t a i n e d by the use of such notification, shall not be used against any such i n d i v i d u a l in any c r i m i n a l case, except a prosecution for p e r j u r y or for g i v i n g a false statement. (c)(1) WheuBver any oil is d i s c h a r g e d from a vessel w i t h i n any safety zone, from a vessel which has received oil from a n other vessel a t a d e e p w a t e r p o r t, or from a d e e p w a t e r p o r t, the Secretary shall remove or a r r a n g e for the removal of such oil as soon as possible, unless he determines such removal will be done p r o p e r l y and expeditiously by the licensee of the d e e p w a t e r p o r t or the o w n e r or o p e r a to r of the vessel from which the d i s c h a r g e occurs.

Penalty.

Oil removal.

33 USC 1321.

Liability.

(2) Removal of oil and actions to minimize damage from oil discharges shall, to the greatest extent possible, be in accordance with the National Contingency Plan for removal of oil and hazardous substances established pursuant to section 311(c)(2) of the Federal Water Pollution Control Act, as amended. (3) Whenever the Secretary acts to remove a discharge of oil pursuant to this subsection, he is authorized to draw upon money available in the Deepwater Port Liability Fund established pursuant to subsection (f) of this section. Such money shall be used to pay promptly for all cleanup costs incurred by the Secretary in removing or in minimizing damage caused by such oil discharge. ^(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 negligence or W'illful misconduct within the privity and knowledge of the owner or operator, such owner and operator shall be jointly and severally 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 within the privity and knowledge of the licensee, such licensee shall be liable for the full amount of all cleanup costs and damages.

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(f)(1) There is established a Deepwater Port Liability F u n d (here- Li^bmrFund°'' inafter referred to as the "Fund") as a nonprofit corporate entity 'EstabLhrent. which may sue or be sued in its own name. The F u n d shall be administered 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 subject to such collection. Such collections shall be delivered to the Fund at such times and in such manner as shall be prescribed by the Secretary. 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 incomeproducing 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 pursuant to subsection (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 unseaworthiness 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 subsection (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) I n 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

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Recovery of claims.

Notice, publication in Federal R e g i s t e r and newspapers. 28 USC app.

Cleanup c o s t s and damages, claims.

Appeals.

Definitions.

PUBLIC LAW 93-627-JAN 3, 1975

[88

STAT.

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) negligence 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 damages 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 pursuant 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 discharge giving rise to such claims shall be considered. (3) Appeals from any final determination of the Secretary pursuant 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 requirements 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 subcontractors 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;

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(2) "damages" means all damages (except cleanup costs) suffered 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, wildlife, 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, the Secretary of State, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Council on Environmental 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 together with any legislative recommendations to the Congress within 6 months after the date of enactment of this Act.

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_^^^^^P°'' gress.

'° ^°"'

RELATIONSHIP TO OTHER L A W S

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. Nothing in this Act shall be construed to relieve, exempt, or immunize any person from any other requirement imposed by Federal law, regulation, 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 pursuant to this Act, to the extent applicable and not inconsistent with any provision or regulation under this Act or other Federal laws and regulations now in effect or hereafter adopted, amended, or repealed. All such applicable laws shall be administered and enforced by the appropriate 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 specific agreement with the United States, has agreed to recognize the jurisdiction of the United States over the vessel and its personnel, in

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