A bill to amend the act of October 27, 1965, relating to public works on rivers and harbors to provide for construction and operation of certain port facilities.

Summary

Prohibits any person from constructing or operating a deepwater port facility without first receiving a license as provided under this Act. States that if an adjacent State applies for a license to construct a deepwater port facility and meets all of the requirements of this Act, that State shall be granted a license to the exclusion of all other applicants for a license to construct that facility. Requires that the facility be located, constructed, and operated in a manner which will minimize or prevent any adverse significant environmental effects. Requires the Deepwater Port Facilities Commission not to issue a license under this Act unless it shall first have considered the economic, environmental, aesthetic, and regional effects of the construction and operation of a deepwater port facility on all other significantly affected States. Establishes a Deepwater Port Facilities Commission consisting of the Secretary of Transportation, the Secretary of the Interior, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Secretary of the Army, acting through the Chief of Engineers. Directs the Commission to hold at least one public hearing on each application for a license for a proposed facility, at least one of which shall be held in the vicinity of the proposed site. Allows any person adversely affected by an order of the Commission granting or denying a license to, 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 Commission to include in any license granted under this Act, any conditions which it deems necessary to carry out the purposes of this Act including conditions designed to assure that the operation of the deepwater port facility will not substantially lessen competition or tend to create a monopoly. Provides that whenever the holder of a license fails to comply with any provision of this Act or any rule, regulation, restriction, or condition made or imposed by the Commission or fails to pay any civil penalty assessed by the Commission, the Commission may file an appropriate action in the United States district court for the judicial district nearest to which the licensee's facility is located (1) to suspend operations under the license, or (2) to revoke such license if such failure is knowing and continues for a period of thirty days after the Commission mails notice of such failure. Provides that when such failure would, in the judgment of the Commission, create a serious threat to the environment, it shall have the authority to suspend operations under the license forthwith. Allows an adjacent State to fix reasonable fees for the use of any deepwater port facility located on or off its cost. Grants the consent of Congress to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for (1) the construction and operation of deepwater port facilities, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts.

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Documents

1 official file

• Introduced in House

  summary · EN · 28 November 1973

  Open at official source

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