Deepwater Port Act Amendments of 1983

Summary

Deepwater Port Act Amendments of 1983 - Amends the Deepwater Port Act of 1974 to define an "application" as any application submitted under such Act for a license for the ownership, construction, and operation of a deepwater port. Authorizes the Secretary of Transportation to issue a license for the ownership, construction, and operation of a deepwater port (currently, authorizes the Secretary to issue, transfer, amend, or renew such licenses). Authorizes the Secretary, at the request of the licensee, to transfer or amend such licenses after reasonable public notice and an opportunity to comment and upon the Secretary making a certain determination. Requires licenses issued under such Act to be uniform, if practicable. Provides a procedure for achieving such uniformity. Directs that licenses issued under such Act shall remain in effect until revoked by the Secretary or until surrendered by the licensee (currently, such licenses are for a term not to exceed 20 years, with possible renewal). Requires the Secretary at the request of the licensee to review any regulation or any provision or condition of any license to determine if it is cost-effective and necessary to meet the objectives of such Act. Requires the Secretary to correct or rescind non-conforming regulations and license conditions. Requires the Secretary to include any action taken under this section in the annual report to Congress required by such Act. Requires licensees under such Act to operate as common carriers and to accept, transport, or convey without discrimination all oil delivered to the port according to its license. Authorizes licensees to base rates for transportation, storage, and other services on competition, market conditions, and the ability to maintain the economic viability of such port. Provides for remedial action by the Secretary against licensees not in compliance with such rate and discrimination requirements, including the suspension and termination of noncompliant licensees. Repeals the Deepwater Port Liability Fund. Requires all assets of such Fund to be paid to the State deepwater port regulatory agency of the adjacent coastal State which is nearest to the deepwater port where such fees were initially collected. Requires the Secretary to determine the amount of claims outstanding against the Fund within 90 days and to withhold a sufficient reserve from Fund assets to pay these claims. Makes conforming amendments to substitute the revolving fund established under the Federal Water Pollution Control Act for the Deepwater Port Liability Fund, in order to fund oil spill clean-up at deepwater ports. Declares that the owner and operator of a vessel shall be jointly and severally liable, without regard to fault, for cleanup costs and damages that result for oil spills within any safety zone, except when such vessel is moored at a deepwater port. Prohibits imposing liability with respect to damages claimed by a damaged party (caused by oil spills) if the owner or operator of a vessel, the licensee, or the United States, can show that such damage was caused solely by the negligence of such party. Amends the Federal Water Pollution Control Act to authorize appropriations for a revolving fund to carry out oil and other hazardous materials discharge clean-up at deepwater ports (currently, such clean up is funded by the Deepwater Port Liability Fund). Prohibits deepwater ports licensed under the Deepwater Port Act of 1974 from permitting certain foreign vessels from calling at or utilizing such ports (except for force majeure situations), unless the vessel owner or operator has designated an agent in the United States for receipt of service of process for any claim or legal proceeding resulting from activities of the vessel while located within the safety zone.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

3 official files

• Reported to House amended, Part II

  summary · EN · 10 August 1984

  Open at official source

• Reported to House amended, Part I

  summary · EN · 9 November 1983

  Open at official source

• Introduced in House

  summary · EN · 24 March 1983

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.