High Seas Oil Port Act

(LATEST SUMMARY)

High Seas Oil Port Act - States that the purpose of this Act is to authorize the Secretary of the Interior to grant to eligible applicants licenses for the construction of high seas oil ports.

Provides that, except as specifically authorized by the laws of the United States or pursuant to an authorized Federal program, no person may construct, maintain, or operate a high seas oil port or any other fixed structure in the offshore coastal waters of the United States.

Enumerates activities for which a high seas oil port, licensed pursuant to this Act, may not be used, including (1) the unloading of commodities or materials transported from the United States; (2) the transshipment of commodities or materials to the United States, other than petroleum or petroleum products; (3) the transshipment of petroleum or petroleum products destived for locations outside the United States; and (4) the transportation of minerals which have been extracted from the subsoil or seabed of the Continental Shelf of the United States, in the coastal area in which the high seas oil port is located.

=Title I: Construction of High Seas Oil Ports= - Sets forth standards under which the Secretary of the Interior may issue a license to an eligible applicant to construct a high seas oil port. States that any license issued under this Act shall be for a term of five years and may be extended for any additional period of time as the Secretary finds reasonably necessary for completion of construction.

Authorizes the Secretary to include in any license issued or transferred any reasonable conditions which he finds necessary to carry out the purposes of this Act. States that prior to the issuance of a license under this Act, the Secretary shall establish criteria for evaluating the potential impact of the construction or operation of the proposed high seas oil port on the marine environment.

Authorizes the Secretary to issue reasonable rules and regulations prescribing procedures governing the application for and issuance of licenses pursuant to this Act. Provides that copies of any communications, documents, reports, or information received or sent by any applicant shall be made available to the public upon identifiable request, and at reasonable cost, unless such information concerns or relates to a trade secret.

States that when an adjacent coastal State has an existing State program controlling, or other legislative requirements related to, land or water uses, upon which the construction of a high seas oil port will have a direct impact, the applicant shall include, in his application to the Secretary, a certification that in the applicant's best judgment the issuance of the license applied for would be consistent with applicable State requirements. Provides that, within thirty days after receipt of an application filed under this Act, the Secretary shall publish in the Federal Register a notice containing a summary of the application. Requires that the Secretary's decision granting or denying the license shall be in writing and shall be made within one hundred twenty days following the conclusion of all hearings. Provides for judicial review of such decisions.

Sets forth procedures for the Secretary to suspend or revoke a license.

Authorizes to be appropriated for fiscal year 1974 and for each of the two succeeding fiscal years such sums, not exceeding $500,000 for any fiscal year, for the administration of this title.

=Title II: Operation of High Seas Oil Ports= - States that, upon receipt of the certification of the Secretary of the Interior of completion of construction, the license to construct a high seas oil port shall be converted into a license to operate the oil port. Provides that each license converted pursuant to this title shall be limited to a reasonable term in light of all circumstances concerning the project, but in no event for a term of more than thirty years.

Authorizes the Secretary to issue reasonable rules and regulations prescribing procedures under which high seas oil ports shall be operated.

Authorizes the Secretary to establish safety zones around such ports.

Provides that State taxation laws shall not apply to any high seas oil port or to any component thereof located outside the tax jurisdiction of the State. Requires all United States officials to be afforded reasonable access to a high seas oil port for the purpose of enforcing laws under their jurisdictions.

States that any person who violates any provision of this title or any rule or regulation issued pursuant thereto shall be liable for a civil penalty of $10,000 for each day during which the violation continues.

Sets forth procedures for the suspension or revocation of a license to operate a high seas oil port.

Directs each licensee to collect from the owner of any oil offloaded at the high seas oil port operated by such licensee, a fee of 2 cents per barrel, such collected sums to be placed in the High Seas Oil Port Liability Fund. Establishes the Fund as a nonprofit corporate entity administered by the Secretary of the Department in which the Coast Guard is operating. Provides that, notwithstanding any other provision of law, the Fund shall be liable without regard to fault for all damages (excluding cleanup costs) to real and personal property within the territorial jurisdiction of the United States that are sustained by any person or entity as a result of operations or activities related to a high seas oil port and occurring at, along, or in the vicinity of any high seas oil port. Sets forth the dollar-limits of liability for damage under this Act.

Directs the Secretary of the department in which the Coast Guard is operating to (1) engage in such research, studies, experiments, and demonstrations as he deems appropriate with respect to the prevention, control, and removal of oil spills; and (2) publish from time to time the results of such activities.

Authorizes appropriations for the carrying out of the provisions of this Title.