1625-0096 Stat/Authority

§ 1504

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

mined that such transfer was in the public interest and
that the transferee met the requirements of this chapter and the prerequisites to issuance under subsec. (c)
of this section.
Subsec. (h). Pub. L. 98–419, § 2(d), substituted provision that a license issued under this chapter remain in
effect unless suspended or revoked by the Secretary or
until surrendered by the licensee for provisions which
had limited the terms of licenses to not more than 20
years and which had granted each licensee a preferential right of renewal for not more than 10 years,
subject to subsec. (c), upon such conditions and for
such term as determined by the Secretary to be reasonable and appropriate.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–380 applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L.
101–380, set out as an Effective Date note under section
2701 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
LNG TANKERS
Pub. L. 114–120, title III, § 312, Feb. 8, 2016, 130 Stat. 58,
provided that: ‘‘Not later than 180 days after the date
of the enactment this Act [Feb. 8, 2016], the Secretary
of Transportation shall—
‘‘(1) develop guidelines to implement the program
authorized under section 304(a) of the Coast Guard
and Maritime Transportation Act of 2006 (Public Law
109–241) [formerly set out below], including specific
actions to ensure the future availability of able and
credentialed United States licensed and unlicensed
seafarers including—
‘‘(A) incentives to encourage partnership agreements with operators of foreign-flag vessels that
carry liquified natural gas, that provide no less
than one training billet per vessel for United States
merchant mariners in order to meet minimum
mandatory sea service requirements;
‘‘(B) development of appropriate training curricula for use by public and private maritime training institutions to meet all United States merchant
mariner license, certification, and document laws
and requirements under the International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978; and
‘‘(C) steps to promote greater outreach and
awareness of additional job opportunities for sea
service veterans of the United States Armed
Forces; and
‘‘(2) submit such guidelines to the Committee [on]
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.’’
Pub. L. 109–241, title III, § 304(a), July 11, 2006, 120
Stat. 527, as amended by Pub. L. 113–281, title III,
§ 307(b), Dec. 18, 2014, 128 Stat. 3045, which related to development and implementation of a program to promote transportation of liquefied natural gas to and
from the United States on United States flag vessels,
was repealed by Pub. L. 116–283, div. G, title LVXXXV
[LXXXV], § 8502(b)(1), Jan. 1, 2021, 134 Stat. 4747. See
section 1504(j)(1) of this title.

Page 632

§ 1504. Procedure
(a) Regulations; issuance, amendment, or rescission; scope
The Secretary shall, as soon as practicable
after January 3, 1975, and after consultation
with other Federal agencies, issue regulations to
carry out the purposes and provisions of this
chapter in accordance with the provisions of section 553 of title 5, 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 chapter, to
amend or rescind any such regulation.
(b) Additional regulations; criteria for site evaluation and preconstruction testing
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 January 3, 1975, 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 chapter.
(c) Applications
(1) REQUIREMENTS.—
(A) IN GENERAL.—Each person that submits
to the Secretary an application shall include
in the application a detailed plan that contains all information required under paragraph (2).
(B) ACTION BY SECRETARY.—Not later than 21
days after the date of receipt of an application, the Secretary shall—
(i) determine whether the application contains all information required under paragraph (2); and
(ii)(I) if the Secretary determines that
such information is contained in the application, not later than 5 days after making the
determination, publish in the Federal Register—
(aa) a notice of the application; and
(bb) a summary of the plans; or
(II) if the Secretary determines that all required information is not contained in the
application—
(aa) notify the applicant of the applicable deficiencies; and
(bb) take no further action with respect
to the application until those deficiencies
have been remedied.
(C) APPLICABILITY.—On publication of a notice relating to an application under subpara-

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

graph (B)(ii)(I), the Secretary shall be subject
to subsection (f).
(2) INCLUSIONS.—Each application shall include
such financial, technical, and other information
as the Secretary determines to be necessary or
appropriate, including—
(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), 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);
(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), or
(C);
(H) 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);
(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 chapter;
(K) the nation of registry for, and the nationality or citizenship of officers and crew
serving on board, vessels transporting natural
gas that are reasonably anticipated to be servicing the deepwater port;
(L) 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
(M) such other information as may be required by the Secretary to determine the environmental impact of the proposed deepwater
port.
(3) Upon written request of any person subject
to this subsection, the Secretary may make a

§ 1504

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 1503 of this title and that such exemption will not limit public review and evaluation of the deepwater port project.
(d) Application area; publication in Federal Register; ‘‘application area’’ defined; submission
of other applications; notice of intent and
submission of completed applications; denial
of pending application prior to consideration
of other untimely applications
(1) At the time notice of an application is published pursuant to 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.
(2) As used in this section, ‘‘application area’’
means any reasonable geographical area within
which a deepwater port may be constructed and
operated. 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.
(3) The Secretary shall accompany such publication with a call for submission of any other
applications for licenses for the ownership, construction, and operation of a deepwater port
within the designated application area. Persons
intending to file applications for such license
shall submit 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 no later than 90 days
after publication of such notice. The Secretary
shall publish notice of any such application received in accordance with subsection (c) of this
section. No application for a license for the ownership, construction, and operation of a deepwater port within the designated application
area for which a notice of intent to file was received after such 60-day period, or which is received after such 90-day period has elapsed, shall
be considered until the application pending with
respect to such application area have been denied pursuant to this chapter.
(4) This subsection shall not apply to deepwater ports for natural gas.
(e) Recommendations to Secretary of Transportation; application for all Federal authorizations; copies of application to Federal agencies and departments with jurisdiction; recommendation of approval or disapproval and
of manner of amendment to comply with
laws or regulations
(1) Not later than 30 days after January 3, 1975,
the Secretary of the Interior, the Administrator
of the Environmental Protection Agency, the
Chief of Engineers of the United States Army

§ 1504

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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 ports shall transmit
to the Secretary written comments as to their
expertise or statutory responsibilities pursuant
to this chapter 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 deepwater port. At the
time notice of any application is published pursuant to subsection (c) of this section, the Secretary shall forward a copy of such application
to those Federal agencies and departments with
jurisdiction over any aspect of such ownership,
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. In any
case in which the agency or department recommends disapproval, it shall set forth in detail
the manner in which the application does not
comply with any law or regulation within its
area of responsibility and shall notify the Secretary how the application may be amended so
as to bring it into compliance with the law or
regulation involved.
(f) NEPA compliance
For all applications, the Secretary, in cooperation with other involved Federal agencies
and departments, shall comply with the National Environmental Policy Act of 1969 (42
U.S.C. 4332) [42 U.S.C. 4321 et seq.]. Such compliance shall fulfill the requirement of all Federal
agencies in carrying out their responsibilities
under the National Environmental Policy Act of
1969 pursuant to this chapter.
(g) Public notice and hearings; evidentiary hearing in District of Columbia; decision of Secretary based on evidentiary record; consolidation of hearings
A license may be issued only after public 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
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

Page 634

and shall be concluded not later than 240 days
after notice of the initial application has been
published pursuant to subsection (c).
(h) Fees
(1) Requirement
(A) In general
Each person applying for a license pursuant to this chapter shall remit to the Secretary at the time the application is filed a
nonrefundable application fee established by
regulation by the Secretary.
(B) Reimbursement
In addition to a fee under subparagraph
(A), an applicant shall also reimburse the
United States and the appropriate adjacent
coastal State for any additional costs incurred in processing an application.
(2) Usage fees
(A) Definition of directly related land-based
facility
In this paragraph, the term ‘‘directly related land-based facility’’, with respect to a
deepwater port facility, means an onshore
tank farm and any pipelines connecting the
tank farm to the deepwater port facility.
(B) Authorization
Notwithstanding any other provision of
this chapter, and unless prohibited by law,
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 landbased facilities.
(C) Treatment
A fee may be established pursuant to this
paragraph as compensation for any economic cost attributable to the construction
and operation of the applicable deepwater
port and the applicable land-based facilities,
which cannot be recovered under other authority of the applicable 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
the applicable deepwater port and the applicable land-based facilities.
(D) Amount
The amount of a fee established under this
paragraph shall not exceed the applicable
economic, environmental, and administrative costs of the applicable State.
(E) Approval
A fee established under this paragraph
shall be subject to the approval of the Secretary.
(3) Rental payment
A licensee shall pay annually in advance the
fair market rental value (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

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the right-of-way necessary for the pipeline
segment of the port located on such subsoil
and seabed.
(i) Application approval; period for determination; priorities; criteria for determination of
application best serving national interest
(1) The Secretary shall approve or deny any
application for a designated application area
submitted pursuant to this chapter not later
than 90 days after the last public hearing on a
proposed license for that area.
(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) First, 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.
(B) Second, 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) Third, to any other person.
(3) In determining whether any one proposed
deepwater port clearly best serves the national
interest, the Secretary shall consider the following factors:
(A) The degree to which the proposed deepwater ports affect the environment, as determined under criteria established pursuant to
section 1505 of this title.
(B) National security, including an assessment of the implications for the national security of the United States or an allied country
(as that term is defined in section 2350f(d)(1) of
title 10) of the United States.
(C) Any significant differences between anticipated completion dates for the proposed
deepwater ports.
(D) 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.
(4) APPLICATIONS FOR DEEPWATER PORTS FOR
NATURAL GAS.—
(A) DEADLINE FOR DETERMINATION.—The Secretary shall approve or deny any application
for a deepwater port for natural gas submitted
pursuant to this chapter not later than 90 days
after the last public hearing on a proposed license.
(B) EFFECT OF FAILURE TO DETERMINE.—If the
Secretary fails to approve or deny an application for a deepwater port for natural gas by
the applicable deadline under subparagraph
(A), the reporting requirements under paragraphs (1), (2), and (3) shall not apply to the
application.
(j) LNG tankers
(1) Program
The Secretary shall develop and implement
a program to promote the transportation of

§ 1504

liquefied natural gas to and from the United
States on United States flag vessels.
(2) Information to be provided
When the Coast Guard is operating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for a liquefied natural gas or liquefied petroleum gas terminal located on shore or within State seaward boundaries, the Coast Guard
shall provide to the Commission the information described in subsection (c)(2)(K) with respect to vessels reasonably anticipated to be
servicing that port.
(k) Transparency in issuance of licenses and permits
(1) Definition of applicable deadline
In this subsection, the term ‘‘applicable
deadline’’, with respect to an applicant, means
the deadline or date applicable to the applicant under any of the following:
(A) Section 1503(c)(6) of this title.
(B) Section 1503(d)(3) of this title.
(C) Subsection (c)(1)(B) (including clause
(ii)(I) of that subsection).
(D) Subsection (d)(3).
(E) Paragraph (1) or (2) of subsection (e).
(F) Subsection (g).
(G) Paragraph (1) or (4)(A) of subsection
(i).
(2) Suspensions and delays
If the Secretary suspends or delays an applicable deadline, the Secretary shall submit to
the applicant, and publish in the Federal Register, a written statement—
(A) describing the reasons for the suspension or delay;
(B) describing and requesting any information necessary to issue the applicable license
or permit and the status of applicable license or permit application at the lead agency and any cooperating agencies; and
(C) identifying the applicable deadline
with respect to the statement.
(3) Applicant rights to technical assistance
(A) In general
An applicant that receives a statement
under paragraph (2) may submit to the Secretary a request for a meeting with appropriate personnel of the Department of Transportation and representatives of each cooperating Federal agency, as appropriate,
determined by the Secretary to be relevant
with respect to the application, including
such officials as are appropriate, who shall
provide technical assistance, status, process,
and timeline updates and additional information as necessary.
(B) Timing
A meeting requested under clause (i) shall
be held not later than 30 days after the date
on which the Secretary receives the request
under that clause.
(4) Requirements
On receipt of a request under paragraph
(3)(A), and not less frequently than once every
30 days thereafter until the date on which the

§ 1504

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

application process is no longer suspended or
delayed, the Secretary shall submit a notice of
the delay, including a description of the time
elapsed since the applicable deadline and the
nature and circumstances of the applicable
suspension or delay, to—
(A) the Committee on Commerce, Science,
and Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(5) Briefing
If the Secretary suspends or delays an applicable deadline, not later than 120 days after
that applicable deadline, and not less frequently than once every 120 days thereafter
until the date on which the application process is no longer suspended or delayed, the Secretary (or a designee of the Secretary) shall
provide a briefing regarding the time elapsed
since the applicable deadline and the nature
and circumstances of the applicable suspension or delay to—
(A) the Committee on Commerce, Science,
and Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(Pub. L. 93–627, § 5, Jan. 3, 1975, 88 Stat. 2131; Pub.
L. 98–419, § 2(f), Sept. 25, 1984, 98 Stat. 1607; Pub.
L. 104–324, title V, § 505, Oct. 19, 1996, 110 Stat.
3927; Pub. L. 107–295, title I, § 106(c), (f), (g), Nov.
25, 2002, 116 Stat. 2086–2088; Pub. L. 109–241, title
III, § 304(c)(1), July 11, 2006, 120 Stat. 527; Pub. L.
111–281, title IX, § 903(d), Oct. 15, 2010, 124 Stat.
3011; Pub. L. 116–283, div. G, title LVXXXV
[LXXXV], § 8502(b)(2), Jan. 1, 2021, 134 Stat. 4747;
Pub. L. 118–31, div. C, title XXXV, § 3514(k)(4),
Dec. 22, 2023, 137 Stat. 814.)
Editorial Notes
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (f), is Pub. L. 91–190, Jan. 1, 1970, 83
Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
AMENDMENTS
2023—Subsec. (c). Pub. L. 118–31, § 3514(k)(4)(A)(i), inserted heading.
Subsec. (c)(1). Pub. L. 118–31, § 3514(k)(4)(A)(i), amended par. (1) generally. Prior to amendment, par. (1) read
as follows: ‘‘Any person making an application under
this chapter shall submit detailed plans to the Secretary. Within 21 days after the receipt of 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 application and a summary of the plans in the
Federal Register. If the Secretary determines that all
of the required information does not appear 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.’’
Subsec. (c)(2). Pub. L. 118–31, § 3514(k)(4)(A)(ii), inserted heading, substituted ‘‘Each application shall in-

Page 636

clude such financial, technical, and other information
as the Secretary determines to be necessary or appropriate, including—’’ for ‘‘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—’’ in
introductory provisions, struck out ‘‘of this paragraph’’
after ‘‘subparagraph (A) or (B)’’ in two places in subpar.
(C), and after ‘‘subparagraphs (A), (B), or (C)’’ in subpars. (G) and (H), and realigned margins of subpars. (A)
to (M).
Subsec. (g). Pub. L. 118–31, § 3514(k)(4)(B), substituted
‘‘subsection (c)’’ for ‘‘subsection (c) of this section’’.
Subsec. (h). Pub. L. 118–31, § 3514(k)(4)(C)(i), inserted
heading.
Subsec. (h)(1). Pub. L. 118–31, § 3514(k)(4)(C)(i), (ii), inserted par. (1) heading, designated first sentence of par.
(1) as subpar. (A) and inserted subpar. heading, designated second sentence as subpar. (B), inserted subpar.
heading, and substituted ‘‘In addition to a fee under
subparagraph (A)’’ for ‘‘In addition’’.
Subsec. (h)(2). Pub. L. 118–31, § 3514(k)(4)(C)(iii)(I), (II),
inserted par. heading and struck out ‘‘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.’’ at end.
Subsec. (h)(2)(A). Pub. L. 118–31, § 3514(k)(4)(C)(iii)(II),
added subpar. (A).
Subsec.
(h)(2)(B)
to
(E).
Pub.
L.
11831,
§ 3514(k)(4)(C)(iii)(II), (III), designated first sentence of
par. (2) as subpar. (B) and inserted subpar. heading; designated second sentence as subpar. (C), inserted subpar.
heading, and substituted ‘‘the applicable’’ for ‘‘such’’
wherever appearing and ‘‘A fee may be established pursuant to this paragraph’’ for ‘‘Fees may be fixed under
authority of this paragraph’’; designated third sentence
as subpar. (D), inserted subpar. heading, and substituted ‘‘the applicable’’ for ‘‘such’’ in two places and
‘‘The amount of a fee established under this paragraph’’
for ‘‘Fees under this paragraph’’; and designated fourth
sentence as subpar. (E), inserted subpar. heading, and
substituted ‘‘A fee established under this paragraph’’
for ‘‘Such fees’’.
Subsec. (h)(3). Pub. L. 118–31, § 3514(k)(4)(C)(iv), inserted heading and substituted ‘‘outer’’ for ‘‘Outer’’ before ‘‘Continental’’.
Subsec. (i)(2)(A). Pub. L. 118–31, § 3514(k)(4)(D)(i)(I), inserted ‘‘First,’’ after subpar. designation and substituted period for semicolon at end.
Subsec. (i)(2)(B). Pub. L. 118–31, § 3514(k)(4)(D)(i)(II),
inserted ‘‘Second,’’ after subpar. designation and substituted period for semicolon at end.
Subsec. (i)(2)(C). Pub. L. 118–31, § 3514(k)(4)(D)(i)(III),
inserted ‘‘Third,’’ after subpar. designation.
Subsec. (i)(3)(A). Pub. L. 118–31, § 3514(k)(4)(D)(ii)(III),
substituted ‘‘(A) The degree’’ for ‘‘(A) the degree’’ and
period for semicolon at end.
Subsec.
(i)(3)(B)
to
(D).
Pub.
L.
118–31,
§ 3514(k)(4)(D)(ii)(I), (II), (IV), added subpar. (B), redesignated former subpar. (B) as (C) and substituted ‘‘Any’’
for ‘‘any’’ and a period for ‘‘; and’’, and redesignated
former subpar. (C) as (D) and substituted ‘‘Any’’ for
‘‘any’’.
Subsec. (i)(4). Pub. L. 118–31, § 3514(k)(4)(D)(iii), inserted par. heading, designated existing provisions as
subpar. (A) and inserted subpar. heading, struck out
‘‘Paragraphs (1), (2), and (3) of this subsection shall not
apply to an application for a deepwater port for natural
gas.’’ at end, and added subpar. (B).
Subsec. (j)(1). Pub. L. 118–31, § 3514(k)(4)(E), struck out
‘‘of Transportation’’ after ‘‘Secretary’’.
Subsec. (k). Pub. L. 118–31, § 3514(k)(4)(F), added subsec. (k).
2021—Subsec. (j). Pub. L. 116–283 added subsec. (j).
2010—Subsec. (c)(2)(K). Pub. L. 111–281 realigned margin.
2006—Subsec. (c)(2)(K) to (M). Pub. L. 109–241 added
subpar. (K) and redesignated former subpars. (K) and
(L) as (L) and (M), respectively.

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

2002—Subsec. (d)(4). Pub. L. 107–295, § 106(c)(1), added
par. (4).
Subsec. (f). Pub. L. 107–295, § 106(f), substituted
‘‘NEPA compliance’’ for ‘‘Environmental impact statement for single application area; criteria’’ in heading
and amended text generally. Prior to amendment, text
read as follows: ‘‘For all timely applications covering a
single application area, the Secretary, in cooperation
with other involved Federal agencies and departments,
shall, pursuant to section 4332(2)(C) of title 42, prepare
a single, detailed environmental impact statement,
which shall fulfill the requirement of all Federal agencies in carrying out their responsibilities pursuant to
this chapter to prepare an environmental impact statement. In preparing such statement the Secretary shall
consider the criteria established under section 1505 of
this title.’’
Subsec. (h)(2). Pub. L. 107–295, § 106(g), inserted ‘‘and
unless prohibited by law,’’ after ‘‘Notwithstanding any
other provision of this chapter,’’.
Subsec. (i)(4). Pub. L. 107–295, § 106(c)(2), added par. (4).
1996—Subsec. (c)(3). Pub. L. 104–324 added par. (3).
1984—Subsec. (g). Pub. L. 98–419 substituted ‘‘issued’’
for ‘‘issued, transferred, or renewed’’.
Statutory Notes and Related Subsidiaries
REGULATIONS
Pub. L. 107–295, title I, § 106(e), Nov. 25, 2002, 116 Stat.
2087, provided that:
‘‘(1) AGENCY AND DEPARTMENT EXPERTISE AND RESPONSIBILITIES.—Not later than 30 days after the date of the
enactment of this Act [Nov. 25, 2002], the heads of Federal departments or agencies having expertise concerning, or jurisdiction over, any aspect of the construction or operation of deepwater ports for natural
gas shall transmit to the Secretary of Transportation
written comments as to such expertise or statutory responsibilities pursuant to the Deepwater Port Act of
1974 (33 U.S.C. 1501 et seq.) or any other Federal law.
‘‘(2) INTERIM FINAL RULE.—The Secretary may issue
an interim final rule as a temporary regulation implementing this section [amending this section and sections 1501 to 1503, 1507, and 1520 of this title] (including
the amendments made by this section) as soon as practicable after the date of enactment of this section,
without regard to the provisions of chapter 5 of title 5,
United States Code.
‘‘(3) FINAL RULES.—As soon as practicable after the
date of the enactment of this Act, the Secretary of
Transportation shall issue additional final rules that,
in the discretion of the Secretary, are determined to be
necessary under the Deepwater Port Act of 1974 (33
U.S.C. 1501 et seq.) for the application and issuance of
licenses for a deepwater port for natural gas.’’
INFORMATION TO BE PROVIDED
Pub. L. 109–241, title III, § 304(c)(2), July 11, 2006, 120
Stat. 527, which required the Coast Guard, when operating as a contributing agency in the Federal Energy
Regulatory Commission’s shoreside licensing process
for certain liquefied natural gas or liquefied petroleum
gas terminals, to provide the information described in
subsec. (c)(2)(K) of this section, was repealed by Pub. L.
116–283, div. G, title LVXXXV [LXXXV], § 8502(b)(1),
Jan. 1, 2021, 134 Stat. 4747. See subsec. (j)(2) of this section.

§ 1505. Environmental review criteria
(a) Establishment
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

§ 1506

or operation of a deepwater port, shall establish,
as soon as practicable after January 3, 1975, environmental review criteria consistent with the
National Environmental Policy Act [42 U.S.C.
4321 et seq.]. 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) Review and revision
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) Requirement
The criteria established pursuant to this section shall be developed concurrently with the
regulations promulgated pursuant to section
1504(a) of this title and in accordance with that
section and in accordance with the provisions of
that subsection.
(Pub. L. 93–627, § 6, Jan. 3, 1975, 88 Stat. 2135; Pub.
L. 118–31, div. C, title XXXV, § 3514(k)(5), Dec. 22,
2023, 137 Stat. 818.)
Editorial Notes
REFERENCES IN TEXT
The National Environmental Policy Act, referred to
in subsec. (a), probably means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
AMENDMENTS
2023—Subsec. (a). Pub. L. 118–31, § 3514(k)(5)(A), inserted heading.
Subsec. (b). Pub. L. 118–31, § 3514(k)(5)(B), inserted
heading.
Subsec. (c). Pub. L. 118–31, § 3514(k)(5)(C), inserted
heading and, in text, substituted ‘‘The criteria’’ for
‘‘Criteria’’ and ‘‘concurrently with the regulations promulgated pursuant to section 1504(a) of this title and in
accordance with that section’’ for ‘‘concurrently with
the regulations in subsection (a) of section 1504 of this
title and in accordance with the provisions of that subsection’’.

§ 1506. Repealed. Pub. L. 104–324, title V, § 506,
Oct. 19, 1996, 110 Stat. 3927
Section, Pub. L. 93–627, § 7, Jan. 3, 1975, 88 Stat. 2135;
Pub. L. 98–419, § 2(g), (h), Sept. 25, 1984, 98 Stat. 1607,
provided for antitrust review by Attorney General and