HR 2940 EH
H. R. 2940
To amend the Deepwater Port Act of 1974.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Deepwater Port Modernization Act’.
SEC. 2. DECLARATIONS OF PURPOSE AND POLICY.
(a) PURPOSES- The purposes of this Act are to--
(1) update and improve the Deepwater Port Act of 1974;
(2) assure that the regulation of deepwater ports is not more burdensome or stringent than necessary in comparison to the regulation of other modes of importing or transporting oil;
(3) recognize that deepwater ports are generally subject to effective competition from alternative transportation modes and eliminate, for as long as a port remains subject to effective competition, unnecessary Federal regulatory oversight or involvement in the ports’ business and economic decisions; and
(4) promote innovation, flexibility, and efficiency in the management and operation of deepwater ports by removing or reducing any duplicative, unnecessary, or overly burdensome Federal regulations or license provisions.
(b) POLICY- Section 2(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1501(a)) is amended--
(1) by striking ‘and’ at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and inserting a semicolon; and
(3) by inserting at the end the following:
‘(5) promote the construction and operation of deepwater ports as a safe and effective means of importing oil into the United States and transporting oil from the outer continental shelf while minimizing tanker traffic and the risks attendant thereto; and
‘(6) promote oil production on the outer continental shelf by affording an economic and safe means of transportation of outer continental shelf oil to the United States mainland.’.
SEC. 3. DEFINITIONS.
(a) ANTITRUST LAWS- Section 3 of the Deepwater Port Act of 1974 (33 U.S.C. 1502) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (19) as paragraphs (3) through (18), respectively.
(b) DEEPWATER PORT- The first sentence of section 3(9) of such Act, as redesignated by subsection (a), is amended by striking ‘such structures,’ and all that follows through ‘section 23.’ and inserting the following: ‘structures, located beyond the territorial sea and off the coast of the United States and which are used or intended for use as a port or terminal for the transportation, storage, and further handling of oil for transportation to any State, except as otherwise provided in section 23, and for other uses not inconsistent with the purposes of this Act, including transportation of oil from the United States outer continental shelf.’.
SEC. 4. LICENSES.
(a) ELIMINATION OF UTILIZATION RESTRICTIONS- Section 4(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1503(a)) is amended by striking all that follows the second sentence.
(b) ELIMINATION OF PRECONDITION TO LICENSING- Section 4(c) of such Act is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively.
(c) CONDITIONS PRESCRIBED BY SECRETARY- Section 4(e)(1) of such Act is amended by striking the first sentence and inserting the following: ‘In issuing a license for the ownership, construction, and operation of a deepwater port, the Secretary shall prescribe those conditions which the Secretary deems necessary to carry out the provisions and requirements of this Act or which are otherwise required by any Federal department or agency pursuant to the terms of this Act. To the extent practicable, conditions required to carry out the provisions and requirements of this Act shall be addressed in license conditions rather than by regulation and, to the extent practicable, the license shall allow a deepwater port’s operating procedures to be stated in an operations manual approved by the Coast Guard rather than in detailed and specific license conditions or regulations; except that basic standards and conditions shall be addressed in regulations.’.
(d) ELIMINATION OF RESTRICTION RELATING TO APPLICATIONS- Section 4(e)(2) of such Act is amended by striking ‘application’ and inserting ‘license’.
(e) FINDINGS REQUIRED FOR TRANSFERS- Section 4(f) of such Act is amended to read as follows:
‘(f) AMENDMENTS, TRANSFERS, AND REINSTATEMENTS- The Secretary may amend, transfer, or reinstate a license issued under this Act if the Secretary finds that the amendment, transfer, or reinstatement is consistent with the requirements of this Act.’.
SEC. 5. INFORMATIONAL FILINGS.
Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)) is amended by adding the following:
‘(3) Upon written request of any person subject to this subsection, the Secretary may make a determination in writing to exempt such person from any of the informational filing provisions enumerated in this subsection or the regulations implementing this section if the Secretary determines that such information is not necessary to facilitate the Secretary’s determinations under section 4 of this Act and that such exemption will not limit public review and evaluation of the deepwater port project.’.
SEC. 6. ANTITRUST REVIEW.
Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 1506) is repealed.
SEC. 7. OPERATION.
(a) AS COMMON CARRIER- Section 8(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1507(a)) is amended by inserting after ‘subtitle IV of title 49, United States Code,’ the following: ‘and shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect to which its license is issued,’.
(b) CONFORMING AMENDMENT- Section 8(b) of such Act is amended by striking the first sentence and the first 3 words of the second sentence and inserting the following: ‘A licensee is not discriminating under this section and’.
SEC. 8. MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL SAFETY.
Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(a)) is amended--
(1) by inserting after ‘international law’ the following: ‘and the provision of adequate opportunities for public involvement’;
(2) by striking ‘shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to,’ and inserting the following: ‘shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual, with respect to’; and
(3) by redesignating clauses (A), (B), and (C) as clauses (1), (2), and (3), respectively.
Passed the House of Representatives September 18, 1996.