Deepwater Port Act of 1974

(LATEST SUMMARY)

Deepwater Port Act - Provides that no person may engage in the ownership, construction, or operation of a deepwater port except in accordance with a license issued pursuant to this Act. Prohibits the transportation or transfer of any oil between a deepwater port and the United States unless such port is licensed under this Act.

Prohibits use of such ports for the shipment of commodities to the United States.

Authorizes the Secretary of Transportation to issue, amend, transfer, or renew licenses for the ownership, construction, and operation of deepwater ports.

Allows such licenses to be effective for 20 years, with a preferential renewal right for 10 more years.

Sets forth prerequisites, conditions, application procedures, regulations, and criteria for the issuance of licenses for deepwater ports. States that such ports must not adversely effect competition.

Requires public notice and hearings before licenses are issued.

Allows adjacent States to set reasonable fees for use of deepwater ports.

Requires licensees under this Act to accept, transport, and convey without discrimination all oil delivered to the deepwater port with respect to which the license is issued.

Sets forth criteria for determining what is an adjacent State.

Prohibits issuance of a license unless the adjacent State, to which the port is to be connected by pipeline, has developed, or is making reasonable progress toward developing an approved coastal zone management program purusant to the Coastal Zone Management Act of 1972.

Requires the Secretary to issue regulations governing the environmental and navigational effect of such ports.

Permits the Secretary to suspend or revoke licenses for noncompliance with this Act.

Requires that communications and documents transferred between Federal officials and any person concerning such ports be available to the public.

Establishes a $25,000 per-day fine or one year imprisonment, or both, for violations of this Act.

Allows civil actions for equitable relief for violations of this Act by Federal officials.

Prohibits, and establishes penalties for, the discharge of oil into the marine environment from a vessel within a deepwater port safety zone or from a deepwater port.

Holds vessel owners and operators liable up to $20,000,000 and port licensees liable up to $50,000,000 for discharges. Establishes the Deepwater Port Liability Fund, which shall be liable, without regard to fault, for discharge cleanup costs. Requires licensees to collect two cents per barrel from oil owners to be put into such Fund.

Allows the Attorney General to act on behalf of any group of citizens he determines would be more adequately represented as a class in a recovery of claims under this Act.

Delcares that the laws of the United States and of the nearest adjacent State shall apply to such ports.

Requires the Secretary to issue regulations to assure the safe construction and operation of pipelines on the Outer Continental Shelf.

Authorizes appropriations for the administration of this Act.