Offshore Marine Environment Protection Act

Summary

Offshore Marine Environment Protection Act - Declares that the purpose of this title, to be included in the Ports and Waterways Safety Act, is to regulate the siting, construction, and operation of deepwater port facilities and to provide for the protection of the marine and coastal environment. Sets forth the definitions of terms used in this Act. Provides that no citizen of the United States may construct or operate a deepwater port facility except on the basis of written plans recommended for authorization and approval by the Commandant of the Coast Guard and authorized and approved by the Secretary of the Department in which the Coast Guard is operating. Prescribes the conditions under which the Secretary may issue a license to construct or operate a deepwater port facility. Specifies the circumstances under which such licenses shall be revoked or suspended. States that prior to the issuance of any license the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, shall grant or deny certification of a deepwater port facility which would affect the marine and coastal environment. Directs the Secretary to consider specific criteria, including: (1) the effect on recreational values; (2) the effect on fish plankton, shellfish, and wildlife resources; and (3) the effect on the oceanographic currents. Provides that no certification shall be issued unless the adjacent coastal State or States shall have an approved coastal zone management program pursuant to the National Coastal Zone Management Act. Directs the Administrator of the Environmental Protection Agency and the Secretary of the Interior, prior to the issuance of any license, to grant or deny certification of a deepwater port facility. Prescribes the licensing procedure to be followed under this Act, including requirements for submission of plans, environmental impact statements and hearing requirements. Outlines the rules for enforcement of regulations and conditions on licenses and the penalties and remedies for civil and criminal violations of this Act. Establishes an 'Advisory Council for Deepwater Port Policy' to assist the Secretary in the performance of his duties. Sets forth the membership composition and terms of office for Council members. Empowers, with specified exceptions, any person to commence a civil action for injunctive relief on his own behalf whenever such action constitutes a case or controversy. Authorizes to be appropriated $1,000,000 for fiscal year 1974, $1,000,000 for fiscal year 1975, and $1,000,000 for fiscal year 1976, for the administration of this Act. Directs specified authorities to coordinate a study and prepare a plan or plans for the development and protection of the offshore marine environment of the United States. Authorizes, for such purpose, to be appropriated such sums as are necessary, not to exceed $10,000,000.

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1 official file

• Introduced in Senate

  summary · EN · 23 July 1973

  Open at official source

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