A bill to amend the Outer Continental Shelf Lands Act and to authorize the Secretary of the Interior to regulate the construction and operation of deepwater port facilities.
Deepwater Port Facilities Act - Provides that the Secretary of the Interior shall prescribe such rules and regulations as may be necessary to accommodate the exploration and exploitation of the oil and gas and other mineral resources of the Outer Continental Shelf with the construction and operation of deepwater port facilities licensed by him.
Title I: - States that the purpose of this Act is to authorize and regulate the construction and operation of deepwater port facilities in accordance with the policy of this Act.
Provides that no citizen of the United States may construct or operate or make any significant addition to a deepwater port facility without first receiving a license from the Secretary of the Interior.
Authorizes the Secretary to issue to any citizen of the United States a license to construct or operate a deepwater port facility if he first determines that: (1) the applicant is financially responsible and has demonstrated his ability and willingness to comply with applicable laws, regulations, and license conditions; (2) the construction and operation of the proposed deepwater port facility will not unreasonably interfere with international navigation or other reasonable uses of the high seas, and is consistent with the international obligations of the United States; and (3) the facility will be located, constructed, or operated in a manner which will minimize or prevent any adverse significant environmental effects.
Provides that licenses issued under this Act shall be for a term of no longer than thirty years, with preferential right in the licensee to renew under such terms and for such period not to exceed thirty years as the Secretary determines is reasonable.
States that the Secretary shall consult with the Governor of any State off whose coasts the facility is proposed to be located to insure that the operation of the facility and directly related land-based activities would be consistent with the State land-use program.
Provides that in carrying out all of his functions under this Act, the Secretary shall consult with all interest or affected Federal agencies.
Sets forth the procedures for issuing licenses.
Provides that any person adversely affected by an order of the Secretary granting or denying a license may, within sixty days after such order is issued, seek judicial review thereof in the United States court of appeals for the circuit nearest to which the facility is sought to be located.
Authorizes the Secretary to include in any license granted under this Act any conditions he deems necessary to carry out the purposes of this Act.
Provides that any licensee who violates any condition of his license or any rule or regulation of the Secretary issued under this Act may be assessed a civil penalty by the Secretary, in a determination on the record after opportunity for a hearing, of not more than $10,000 for each day during which such violation occurs.
States that any person who willfully and knowingly violates any provision of this Act or of any rule, regulation, restriction, or condition made or imposed by the Secretary under the authority of this Act shall, in addition to any other penalties provided by law, be punished criminally by a fine of not more than $25,000 for each day during which such offense occurs.
Provides for the revocation or suspension of a license for a failure to comply with applicable rules or regulations.
States that the Constitution and the laws and treaties of the United States shall apply to deepwater port facilities licensed under this Act and insofar as consistent with international law to activities connected with the operation and use of such deepwater port facilities in the same manner as if the facilities were located in the navigable waters of the United States.
Referred to House Committee on Interior and Insular Affairs.
Introduced in Senate
Referred to Senate Committee on Interior and Insular Affairs.
Referred to Senate Committee on Public Works.
Referred to Senate Committee on Commerce.
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