[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2940 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 2940

                To amend the Deepwater Port Act of 1974.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 1996

    Mr. Hayes (for himself, Mr. Tauzin, Mr. Baker of Louisiana, Mr. 
 Jefferson, and Mr. McCrery) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
                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. DECLARATION OF 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 assure that the regulation of deepwater ports is 
        not more burdensome or stringent than that applicable to 
        persons engaged in at-sea vessel-to-vessel oil transfers;
            ``(6) 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;
            ``(7) promote innovation, flexibility, and efficiency in 
        the management and operation of deepwater ports by assuring 
        that they are not subject to duplicative, unnecessary or overly 
        burdensome Federal regulations or license provisions;
            ``(8) 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; and
            ``(9) clarify authority of the States to assess costs and 
        fees on deepwater ports and associated onshore facilities.''.

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 
the last 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 only those 
conditions which the Secretary deems necessary to carry out the 
provisions of this Act or which are otherwise required by any Federal 
department or agency pursuant to the terms of this Act. Such conditions 
may include reasonable and appropriate environmental monitoring 
requirements if such requirements are directly related to reasonably 
anticipated environmental impacts from the port and, in the absence of 
data demonstrating a clear need for continued monitoring, do not extend 
beyond 3 years from the date of commencement of operations. To the 
maximum extent possible, conditions required to carry out the 
provisions of this Act shall be addressed in license conditions rather 
than by regulation and, to the maximum extent possible, the license 
shall allow a deepwater port's operating procedures to be stated in an 
operations manual, approved by the Coast Guard, in accordance with 
section 10(a) of this Act, rather than in detailed and specific license 
conditions or regulations. Amendments of a license or operations manual 
shall not be considered rulemakings or adjudications within the meaning 
of chapter 5 of title 5, United States Code, relating to administrative 
procedure, and may be accomplished in accordance with such informal 
procedures as the Secretary determines appropriate given the issues 
involved.''.
    (d) Elimination of Restriction on Transfers.--Section 4(e)(2) of 
such Act is amended by striking ``(A) there will be no substantial 
change from the plans, operational systems, and methods, procedures, 
and safeguards set forth in his application, as approved, without prior 
approval in writing from the Secretary; and (B)''.
    (e) Findings Required for Transfers.--Section 4(f) of such Act is 
amended to read as follows:
    ``(f) 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 purposes of this 
Act.''.

SEC. 5. PROCEDURE.

    Section 5(h)(2) of the Deepwater Port Act of 1974 (33 U.S.C. 
1504(h)(2)) is amended by inserting before the last sentence the 
following: ``Any fees assessed under this paragraph upon or incurred by 
a licensee for environmental monitoring required by an adjacent coastal 
State shall not be considered reasonable within the meaning of this 
section unless the environmental monitoring required conforms to the 
criteria specified in section 4(e)(1) of this Act.''.

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 by striking ``shall prescribe'' and all that follows through 
the period at the end and inserting the following: ``shall publish 
guidance regarding preparation by a licensee of an operations manual, 
which shall address facility description, tanker navigation procedures, 
cargo transfer procedures, safety and fire protection, maintenance 
procedures and emergency drills. A licensee's operations manual, and 
proposed changes to the operations manual, shall be reviewed and 
approved by the Coast Guard. Compliance by a licensee with its 
operations manual shall constitute compliance with all governmental 
requirements applicable to the subjects addressed in the operations 
manual.''.
                                 <all>