[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2009 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2009

    To amend the Oil Pollution Act of 1990, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 1996

  Mr. Breaux introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To amend the Oil Pollution Act of 1990, and for other purposes.

    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 ``Oil Pollution Act Amendments of 
1996''.

                 TITLE I--OIL POLLUTION ACT AMENDMENTS

SEC. 101. COMPLETION OF FINAL REGULATIONS UNDER SECTION 4115(b).

    The Secretary of the department in which the Coast Guard is 
operating shall issue a final rule under Section 4115(b) of the Oil 
Pollution Act of 1990 (46 U.S.C. 3703a note) with respect to operations 
elements not later than September 30, 1996.

SEC. 102. TOWING VESSEL SAFETY.

    (a) Single Hull Barge Requirements.--
            (1) Prevention measures.--Subtitle I of title IV of the Oil 
        Pollution Act of 1990 (46 U.S.C. 3703a note), as amended by 
        adding at the end the following:

``SEC. 4119. SINGLE HULL BARGE REQUIREMENTS.

    ``The Secretary shall issue rules to require that a single hull 
barge over 5,000 gross tons operating in open ocean or coastal waters 
that is affected by this section have at least 1 of the following:
            ``(1) a crew member on board and an operable anchor;
            ``(2) an emergency system on board the vessel towing the 
        barge to retrieve the barge if the tow line ruptures; or
            ``(3) any other measure that provides comparable protection 
        against grounding of the barge as that provided by a measure 
        described in paragraph (1) or (2).

``SEC. 4120. MINIMUM UNDER-KEEL CLEARANCES FOR TANK VESSELS.

    ``The captain of the port for each port in which any tank vessel 
operates shall establish, in consultation with local marine 
transportation industry officials, a minimum under-keel clearance for 
the vessel when entering the port or place of destination and when 
departing port, taking into account local navigational 
considerations.''.
            (2) Clerical amendment.--Section 2 of the Oil Pollution Act 
        of 1990 is amended by adding at the end of the table of 
        sections for subtitle I of title IV the following items:

``Sec. 4119. Single hull barge requirements.
``Sec. 4120. Minimum under-keel clearances for tank vessels.''.
    (b) Requirement for Fire Suppression Devices.--Section 4102 of 
title 46, United States Code, is amended by adding at the end the 
following:
    ``(f)(1) The Secretary--
                    ``(A) in consultation with the Towing Safety 
                Advisory Committee; and
                    ``(B) taking into consideration the 
                characteristics, methods of operation, and nature of 
                the service of towing vessels,
        may require, to the extent appropriate, the installation, 
        maintenance, and use of a fire suppression system or other 
        equipment to provide adequate assurance that an onboard fire 
        can be suppressed under reasonably foreseeable 
        circumstances.''.

SEC. 103. REPORTS.

    (a) Study on Lightering Regulations.--Within 12 months after the 
date of enactment of this Act, the Secretary of Transportation shall 
review existing requirements for lightering operations in the United 
States Exclusive Economic Zone to ensure the safe transfer of oil at 
sea while imposing no undue economic burdens, as compared to accepted 
international standards, on tank vessels transporting oil to or from 
the United States and report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.
    (b) Study on Tanker Lanes.--The Secretary of Transportation shall 
coordinate with the Marine Board of the National Research Council on a 
study of how the designation of waters through which tank vessels 
transport oil, and the designation of shipping lanes for tank vessels, 
affect the risk of an oil spill. The Marine Board shall recommend to 
the Secretary any changes to designations of waters that would reduce 
the risk of oil spills to a minimum level of risk, and report its 
recommendations to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.

SEC. 104. CASUALTY REPORTING REQUIREMENTS.

    (a) Submission of Plan.--Not later than one year after enactment of 
this Act, the Secretary of Transportation shall, in consultation with 
appropriate State agencies, submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a plan to increase 
reporting of vessel accidents to appropriate State law enforcement 
officials.
    (b) Penalties for Violating Reporting Requirements.--Section 
6103(a) of title 46, United States Code, is amended by inserting ``or 
6102'' after ``6101'' the second place it appears.

SEC. 105. DOUBLE HULL INCENTIVES.

    (a) Secured Lenders and Certain Owners.--Paragraph (26) of section 
1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701) is amended by 
striking ``the vessel,'' and inserting ``the vessel, but does not 
include (i) a person having a security interest in, or security title 
to, any vessel under a contract of conditional sale, equipment trust, 
chattel or corporate mortgage, or other instrument of similar nature, 
nor (ii) a lessor or charterer of any vessel under a bona fide lease or 
demise charter, unless such person, lessor, or charterer has actual 
possession or control, or participates in the management, of the vessel 
at the time of a discharge of oil,''.
    (b) Application Limited to Single Hull Tankers and Double Hull Tank 
Vessels More Than 20 Years Old.--Subsection (c) of section 1004 of the 
Oil Pollution Act of 1990 (33 U.S.C. 2704) is amended by adding at the 
end the following:
            ``(4) Application limited.--Subparagraph (B) of paragraph 
        (1) of this subsection applies only to--
                    ``(A) single hull tank vessels; and
                    ``(B) double hull tank vessels more than 20 years 
                of age.''.

SEC. 106. CONCURSUS.

    Section 1017(c) of the Oil Pollution Act of 1990 (33 U.S.C. 
2717(c)) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Procedure.--
            ``(1) The responsible party or guarantor may, within 6 
        months after a claimant shall have presented a claim under 
        section 1013 for costs or damages under section 1002, file a 
        petition in the appropriate United States District Court for 
        limitation of, or exoneration from, liability pursuant to 
        sections 1003 or 1004 of this Act. After an action is commenced 
        under this paragraph in a court, that court shall retain 
        jurisdiction over the actions without regard to whether the 
        requested relief is granted. The responsible party or its 
        guarantor shall demonstrate to the court evidence of financial 
        responsibility approved by the Secretary, as required by 
        section 1016.
            ``(2) Upon compliance with the requirements of paragraph 
        (1), all claims and proceedings, other than claims presented to 
        the responsible party under section 1013(a), shall cease, and, 
        upon application of the responsible party, the District Court 
        shall enjoin the further prosecution of any action or 
        proceeding in any State or United States court against the 
        vessel, responsible party, guarantor, or their property with 
        respect to any claim arising under this Act. The court shall 
        issue a notice to all persons asserting claims with respect to 
        which the complaint seeks limitation or exoneration, requiring 
        them to present their respective claims upon the responsible 
        party pursuant to section 1013(a). If a claim is not settled by 
        the responsible party or guarantor as provided in section 
        1013(c), then those persons may file their respective claims 
        with the clerk of the court within such time and in such manner 
        as the court may direct.
            ``(3) Nothing in this section shall preclude a person from 
        filing a concurrent limitation action under section 4203 of the 
        Revised Statutes of the United States (46 U.S.C. App. 183), 
        commonly known as the Limited Liability Act.''.

SEC. 107. IN REM JURISDICTION.

    Section 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 2702) is 
amended by adding at the end the following:
    ``(e) In Rem Jurisdiction.--A vessel that discharges or poses a 
substantial threat of a discharge of oil, within the meaning of 
subsection (a) of this section, shall be liable for the removal costs 
and damages specified in subsection (b) that result from the incident. 
The costs and damages shall constitute a maritime lien on the vessel 
and may be recovered in an action in rem in the district court of the 
United States for any district within which the vessel is found.''.

SEC. 108. LIMITED DOUBLE HULL EXEMPTIONS.

    (a) In General.--The double hull construction requirements of 
section 3703a of title 46, United States Code, do not apply to--
            (1) a vessel documented under chapter 121 of title 46, 
        United States Code, that was equipped with a double hull before 
        August 12, 1992;
            (2) a barge of less than 1,500 gross tons carrying refined 
        petroleum product in bulk as cargo in or adjacent to waters of 
        the Bering Sea, Chukchi Sea, and Arctic Ocean and waters 
        tributary thereto and in the waters of the Aleutian Islands and 
        the Alaskan Peninsula west of 155 degrees west longitude; or
            (3) a vessel in the National Defense Reserve Fleet pursuant 
        to section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 
        App. 1744).
    (b) Authority of the Secretary of Transportation.--
            (1) Operation of barges in other waters.--The operation of 
        barges described in subsection (a)(2) outside waters described 
        in that subsection shall be on such conditions as the Secretary 
        of Transportation may require.
            (2) No effect on other authority of the Secretary.--Except 
        as provided in subsection (a), nothing in this section affects 
        the authority of the Secretary of Transportation to regulate 
        the construction, operation, or manning of barges and vessels 
        in accordance with applicable laws and regulations.
    (c) Barge Defined.--For purposes of this section, the term 
``barge'' has the meaning given that term in section 2101 of title 46, 
United States Code.

SEC. 109. OIL SPILL RESPONSE VESSELS.

    (a) Description.--Section 2101 of title 46, United States Code, is 
amended--
            (1) by redesignating paragraph (20a) as (20b); and
            (2) by inserting after paragraph (20) the following new 
        paragraph:
            ``(20a) `oil spill response vessel' means a vessel that is 
        designated in its certificate of inspection as such a vessel, 
        or that is adapted to respond to a discharge of oil or a 
        hazardous material.''.
    (b) Exemption From Liquid Bulk Carriage Requirements.--Section 3702 
of title 46, United States Code, is amended by adding at the end 
thereof the following:
    ``(f) This chapter does not apply to an oil spill response vessel 
if--
            ``(1) the vessel is used only in response-related 
        activities; or
            ``(2) the vessel is--
                    ``(A) not more than 500 gross tons;
                    ``(B) designated in its certificate of inspection 
                as an oil spill response vessel; and
                    ``(C) engaged in response-related activities.''.
    (c) Manning.--Section 8104(p) of title 46, United States Code, is 
amended to read as follows:
    ``(p) The Secretary may prescribe the watchstanding and work hours 
requirements for an oil spill response vessel.''.
    (d) Minimum Number of Licensed Individuals.--Section 8301(e) of 
title 46, United States Code, is amended to read as follows:
    ``(e) The Secretary may prescribe the minimum number of licensed 
individuals for an oil spill response vessel.''.
    (e) Merchant Mariner Document Requirements.--Section 8701(a) of 
title 46, United States Code, is amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (7),
            (2) by striking the period at the end of paragraph (8) and 
        inserting a semicolon and ``and''; and
            (3) by adding at the end thereof the following new 
        paragraph:
            ``(9) the Secretary may prescribe the individuals required 
        to hold a merchant mariner's document serving onboard an oil 
        spill response vessel.''.
    (f) Exemption From Towing Vessel Requirement.--Section 8905 of 
title 46, United States Code, is amended by adding at the end the 
following new subsection:
    ``(c) Section 8904 of this title does not apply to an oil spill 
response vessel while engaged in oil spill response or training 
activities.''.
    (g) Inspection Requirement.--Section 3301 of title 46, United 
States Code, is amended by adding at the end the following new 
paragraph:
            ``(14) oil spill response vessels.''.

   TITLE II--MARINE SCIENCE ENHANCEMENT FOR OIL SPILL PREVENTION AND 
                                RESPONSE

SEC. 201. OPENING AND CLOSING OF FISHING GROUNDS.

    Section 305(c) of the Magnuson Fishery Conservation and Management 
Act (16 U.S.C. 1855(c)) is amended by striking paragraph (3) and by 
inserting the following after paragraph (2):
            ``(3) Any emergency regulation which changes an existing 
        fishery management plan shall be treated as an amendment to 
        such plan for the period in which such regulation is in effect. 
        Any emergency regulation promulgated under this subsection--
                    ``(A) shall be published in the Federal Register 
                together with the reasons therefor;
                    ``(B) shall, except as provided in subparagraph 
                (C), remain in effect for not more than 180 days after 
                the date of publication, and may be extended by 
                publication in the Federal Register for an additional 
                period of not more than 180 days, provided the public 
                has had an opportunity to comment on the emergency 
                regulation, and, in the case of a Council 
                recommendation for emergency regulations, the Council 
                is actively preparing a fishery management plan, 
                amendment, or proposed regulations to address the 
                emergency on a permanent basis;
                    ``(C) that responds to a public health emergency or 
                an oil spill may remain in effect until the 
                circumstances that created the emergency no longer 
                exist, provided that the public has an opportunity to 
                comment after the regulation is published and, in the 
                case of a public health emergency, the Secretary of 
                Health and Human Services concurs with the Secretary's 
                action; and
                    ``(D) may be terminated by the Secretary at an 
                earlier date by publication in the Federal Register of 
                a notice of termination, except for emergency 
                regulations promulgated under paragraph (2) in which 
                case such early termination may be made only upon the 
                agreement of the Secretary and the Council 
                concerned.''.

SEC. 202. NOAA SCIENTIFIC SUPPORT.

    Section 4202(b) of the Oil Pollution Act of 1990 (33 U.S.C. 1321 
note) is amended by adding at the end the following:
             ``(5) Scientific support team.--
                     ``(A) Establishment.--Not later than 6 months 
                after the date of enactment of the Oil Pollution Act 
                Amendments of 1996, the Under Secretary of Commerce for 
                Oceans and Atmosphere shall establish and maintain a 
                scientific support team to respond, as required, to oil 
                spills covered by this Act.
                     ``(B) Purpose.--The purpose of the scientific 
                support team shall be to provide useful or necessary 
                scientific information and support to the Federal On-
                Scene Coordinator, primarily in coastal and navigable 
                waters, and to recommend any measures that will serve 
                to mitigate adverse ecological impact as a consequence 
                of the spill.
                     ``(C) Participation by scientists with 
                expertise.--The scientific support team--
                            ``(i) shall be comprised of scientists who 
                        are experts in the trajectories of oil spills 
                        and hazardous material releases, oil and 
                        hazardous material behavior and transformation, 
                        environmental impacts, and recovery from 
                        spills, releases, and related removal actions, 
                        environmental trade-off analyses, environmental 
                        aspects of contingency planning, and 
                        association management tools; and
                            ``(ii) may include local or regional 
                        scientists identified in the area contingency 
                        plan with expertise which would help ensure a 
                        more effective response.''.

SEC 203. ACCESS TO USEFUL AND NECESSARY INFORMATION.

    (A) Establishment of Information Clearinghouse.--Section 7001(a) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2761(a)) is amended--
            (1) by striking ``may designate'' at the end of paragraph 
        (3) and all that follows through ``representative'' and 
        inserting ``may designate. A representative''; and
            (2) by adding at the end the following:
            ``(4) Dissemination of information.--The Interagency 
        Committee shall disseminate and compile information regarding 
        previous spills, including data from universities, research 
        institutions, State governments, and other nations, as 
        appropriate.''.
    (b) Requirement That National Response Units Maintain Information 
on Environmental Effects of Oil Spills.--Section 311(j) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at 
the end the following:
            ``(9) The Under Secretary of Commerce and the Secretary of 
        the Interior, through the United States Fish and Wildlife 
        Service, in coordination with appropriate agencies, shall 
        maintain and update a body of information on the environmental 
        effects of various types of oil spills and how best to mitigate 
        those effects, which shall be kept in a form that is readily 
        transmittable to response teams responding to a spill under 
        this Act;''.

SEC. 204. NOAA PROGRAM TO REDUCE OIL SPILL RISK AND IMPROVE NAVIGATION 
              SAFETY.

    (a) Reduction of Oil Spill Risk.--
            (1) In general.--The Administrator of the National Oceanic 
        and Atmospheric Administration shall establish a cost-
        effective, non-regulatory program to reduce the risk of oil 
        spills through improving navigation safety, promote prompt and 
        effective response and remediation when oil spills occur, 
        enhance recovery and restoration efforts, and advance other 
        purposes of this Act. Such a program shall--
                    (A) focus on particular geographic areas at risk 
                from spills of oil or hazardous materials;
                    (B) collaborate closely with local maritime 
                commerce and coastal management interests, including 
                private industry, local, state, and federal agencies, 
                and other appropriate institutions;
                    (C) include a matching grant program to provide 
                initial funding for local forums comprised of maritime 
                commerce and coastal management interests to advance 
                navigation safety and other oil or hazardous materials 
                spill prevention activities, to improve response and 
                remediation, and to enhance the restoration of coastal 
                zone resources. Grants made under this section shall be 
                matched with 25 percent non-federal funds in the first 
                two years of the program, and 50 percent thereafter;
                    (D) promote efficiencies by involving, to the 
                extent appropriate and practical, capabilities offered 
                by National Oceanic and Atmospheric Administration and 
                other federal and state programs that could further the 
                purposes of this section; and
                    (E) meet multiple navigation or coastal management 
                needs to the extent practicable.
            (2) Local or regional elements.--Local or regional elements 
        for this program shall be developed in consultation with local 
        maritime commerce and coastal management communities. Program 
        elements may include, but are not limited to--
                    (A) local forums to promote safe navigation, 
                effective oil spill or hazardous material spill 
                response and remediation, restoration, and related 
                coastal management activities;
                    (B) Physical Oceanographic Real Time Systems and 
                other technologies that further safe navigation and oil 
                and hazardous materials spill response and restoration, 
                and other coastal management activities;
                    (C) research and development on means to improve 
                the safety of oil transport, the efficacy of oil and 
                hazardous materials spill response, remediation 
                techniques, and restoration practices;
                    (D) activities to improve the delivery of 
                navigation, weather, vessel traffic, and other 
                information required for safe navigation;
                    (E) providing information collected pursuant to the 
                National Oceanographic and Atmospheric Administration's 
                navigation and positioning responsibilities in formats 
                useful in oil spill response, remediation, and 
                restoration activities; and
                    (F) other activities as appropriate consistent with 
                the purposes of this Act, the Coastal Zone Management 
                Act of 1972 and the National Ocean Service navigation 
                and positioning and coastal management authorities.
            (3) Implementation.--The Administrator shall phase the 
        implementation of this program by region such that it is 
        operating nationally within 5 years of the date of the 
        enactment of this Act.
            (4) Authorization.--For purposes of this subsection, there 
        is authorized to be appropriated $2,000,000 in the first year, 
        $3,000,000 in the second year, and $5,000,000 for each 
        succeeding fiscal year.

SEC. 205. NOAA MARINE SERVICES MODERNIZATION.

    (a) In General.--For the purposes of modernizing the 
Administration's services that support safe and efficient maritime 
navigation, and accelerating the public availability of improved 
navigation services and products, the Administrator is authorized to 
withdraw from the Oil Spill Liability Trust Fund established by the Oil 
Polluction Act of 1990 an amount not to exceed $15,000,000 per year to 
remain available until expended, for each of 10 fiscal years commencing 
with the first fiscal year after the enactment of this provision.
    (b) Use of Funds.--Funds available to the Administration pursuant 
to subsection (a) shall be used exclusively to pay the costs of 
enabling, modernizing, enhancing, or expanding the capabilities of the 
Administration to conduct, either directly or by contract, programs and 
activities related to commercial marine navigation, including--
            (1) the nautical charting program;
            (2) marine tides and circulation programs;
            (3) charting survey ship support, including support 
        provided by private contractors; and
            (4) marine weather services applicable to commercial 
        navigation safety in the waters of the United States.
    (c) Charting Survey Ship Support.--The Administration shall obtain 
charting survey ship support from private sector contractors to the 
maximum extent feasible consistent with--
            (1) maintaining quality control over navigation products 
        and services to protect the public interest in navigation 
        safety and prevention of maritime accidents, and to protect the 
        United States from liability for gaining to ensure such quality 
        control; and
            (2) maintaining within the Administration the scientific 
        and technical capabilities necessary to perform, or oversee 
        contractor performance of, all aspects of the development of 
        marine navigation products and services.
    (d) Transfer of Aeronautical Charting.--
            (1) In general.--The following functions are transferred 
        from the National Oceanic and Atmospheric Administration to the 
        Federal Aviation Administration:
                    (A) The functions vested in the Secretary of 
                Commerce by sections 1 and 2 of the Act of August 6, 
                1947 (33 U.S.C. 883a and 883b) relating to aeronautical 
                surveys for the purposes of aeronautical charting and 
                the compilation, printing, and distribution of 
                aeronautical charts.
                    (B) The functions vested in the Secretary of 
                Commerce by section 1307 of title 44, United States 
                Code, relating to establishment of prices at which 
                aeronautical charts and related products may be sold.
                    (C) So much of the functions of the Secretary of 
                Commerce and the Department of Commerce as is 
                incidental to or necessary for the performance by, or 
                under, the Administrator of the Federal Aviation 
                Administration of the functions transferred by this 
                subsection or that relate primarily to those functions.
            (2) Incidental transfers.--
                    (A) So much of the personnel, property, records, 
                and unexpended balances of appropriations, allocations, 
                and other funds employed, used, held, available, or to 
                be made available in connection with the functions 
                transferred to the Administrator of the Federal 
                Aviation Administration by this section as the Director 
                of the Office of Management and budget shall determine 
                shall be transferred to the Federal Aviation 
                Administration at such time as the Director shall 
                direct.
                    (B) Such other measures as the Director of the 
                Office of Management and Budget determines to be 
                necessary in order to effectuate the transfers 
                described in paragraph (1) of this subsection shall be 
                carried out in such manner as the Director shall 
                direct.
            (3) Effective date.--The transfers made by this subsection 
        shall be completed not later than September 30, 1998.

                TITLE III--DEEPWATER PORT MODERNIZATION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Deepwater Port Modernization 
Act''.

SEC. 302. DECLARATIONS OF PURPOSE AND POLICY.

    (a) Purposes.--The purposes of this title are to--
            (1) update and improve the Deepwater Port Act of 1974;
            (2) assure that the regulation of deepwater ports is not 
        more burdensome or stringent than necessary in comparison to 
        the regulation of other modes of importing or transporting oil;
            (3) 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; and
            (4) promote innovation, flexibility, and efficiency in the 
        management and operation of deepwater ports by removing or 
        reducing any duplicative, unnecessary, or overly burdensome 
        Federal regulations or license provisions.
    (b) 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
            ``(6) 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.''.

SEC. 303. 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. 304. 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 (33 U.S.C. 1503(c)) 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 (33 U.S.C. 1503(e)) 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 those conditions which the Secretary deems necessary to carry 
out the provisions and requirements of this Act or which are otherwise 
required by any Federal department or agency pursuant to the terms of 
this Act. To the extent practicable, conditions required to carry out 
the provisions and requirements of this Act shall be addressed in 
license conditions rather than by regulation and, to the extent 
practicable, 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; except that 
basic standards and conditions shall be addressed in regulations.''.
    (d) Elimination of Restriction on Transfers.--Section 4(e)(2) of 
such Act (33 U.S.C. 1503(e)(2)) is amended by striking ``application'' 
and inserting ``license''.
    (e) Findings Required for Transfers.--Section 4(f) of such Act (33 
U.S.C. 1503(f)) is amended to read as follows:
    ``(f) Amendments, Transfers, and Reinstatements.--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 requirements of this Act.''.

SEC. 305. INFORMATIONAL FILINGS.

    Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)) 
is amended by adding the following:
    ``(3) Upon written request of any person subject to this 
subsection, the Secretary may make a 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 4 of this Act 
and that such exemption will not limit public review and evaluation of 
the deepwater port project.''.

SEC. 306. ANTITRUST REVIEW.

    Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 1506) is 
repealed.

SEC. 307. 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. 308. MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL SAFETY.

    Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(a)) 
is amended--
            (1) by inserting after ``international law'' the following: 
        ``and the provision of adequate opportunities for public 
        involvement''; and
            (2) by striking ``shall prescribe by regulation and enforce 
        procedures with respect to any deepwater port, including, but 
        not limited to,'' and inserting the following: ``shall 
        prescribe and enforce procedures, either by regulation (for 
        basic standards and conditions) or by the licensee's operations 
        manual, with respect to''.
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