(d) The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party including the Federal Government.

(e) In any action brought under this section, if the Secretary or Attorney General are not parties of record, the United States, through the Attorney General, shall have the right to intervene. SEC. 12. On the effective date of this Act

(a) the Oil Pollution Act, 1961, as amended (75 Stat. 402; 33 U.S.C. 1001 et seq.) is repealed. Any criminal or civil penalty proceeding under that Act for a violation which occurred prior to the effective date of this Act may be initiated or continued to conclusion as though that Act had not been repealed; and (b) the Oil Pollution Act Amendments of 1973 (87 Stat. 428, Public Law 93-119) are repealed.

SEC. 13. (a) Section 4417a of the Revised Statutes of the United States (46 U.S.C. 391a) is amended as follows

(1) by amending subparagraph (C) of paragraph (2) by deleting the word "or" in clause (ii), by deleting the period at the end of clause (iii) and inserting "; or"; and by adding a new clause (iv) as follows:

"(iv) designated as a noxious liquid substance under Annex II of the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973.";

(2) by amending subparagraph (E) of paragraph (3) to read as follows:

"(E) which is constructed or adapted to carry, or which carries, oil or any hazardous materials in bulk as cargo or in residue."

(b) The Federal Water Pollution Control Act, as amended, is further amended in the first sentence of section 311(b)(3), after the words "except (A) in the case of such discharges", by striking the words "of oil"; and by striking the phrase "the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended" and inserting in lieu thereof the phrase "the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973".

SEC. 14.35 (a) Except as provided in subsection (b) of this section, this Act is effective upon the date of enactment, or on the date the MARPOL Protocol becomes effective as to the United States, whichever is later.36

(b) The Secretary and the heads of Federal departments shall have the authority to issue regulations, standards, and certifications under sections 3(c), 3(d), 4(b), 5(a), 6(a), 6(c), and 6(f) effective on the date of enactment of this Act. Section 13(a)(2) is effective upon the date of enactment of this Act.

(c) Any rights or liabilities existing on the effective date of this Act shall not be affected by this enactment. Any regulations or procedures promulgated or effected pursuant to the Oil Pollution Act, 1961, as amended, remain in effect until modified or superseded by

35 33 U.S.C. 1901 note.

36 This Act became, except as provided in Sec. 14(b), effective on Oct. 2, 1983, at which time the MARPOL Protocol became effective as to the United States.

regulations promulgated under the authority of the MARPOL Protocol or this Act.

SEC. 15.37 Nothing in this Act shall be construed as limiting, diminishing, or otherwise restricting any of the authority of the Secretary under the Port and Tanker Safety Act of 1978 (Public Law 95-474).

SEC. 16.38 **

SEC. 17.39 Any action taken under this Act shall be taken in accordance with international law.40

37 33 U.S.C. 1911.

38 Sec. 16 amended sec. 4 of the Act of 1950 (16 U.S.C. 742c(c).) 39 33 U.S.C. 1912.

40 Sec. 17 was added by sec. 2108 of Public Law 100-220 (101 Stat. 1464).

c. Deepwater Port Act of 1974

Partial Text of Public Law 93-627 [H.R. 10701], 88 Stat. 2126, approved January 3, 1975; as amended by Public Law 98-419 [Deepwater Port Act Amendments of 1984; S. 1546], 98 Stat. 1607, approved September 25, 1984

AN ACT To regulate commerce, promote efficiency in transportation, and protect the environment, by establishing procedures for the location, construction, and operation of deepwater ports off the coast of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Deepwater Port Act of 1974".

DECLARATION OF POLICY

Sec. 2.1 (a) It is declared to be the purposes of the Congress in this Act to

(1) authorize and regulate the location, ownership, construction, and operation of deepwater ports in waters beyond the territorial limits of the United States;

(2) provide for the protection of the marine and coastal environment to prevent or minimize any adverse impact which might occur as a consequence of the development of such ports; (3) protect the interests of the United States and those of adjacent coastal States in the location, construction, and operation of deepwater ports; and

(4) protect the rights and responsibilities of States and communities to regulate growth, determine land use, and otherwise protect the environment in accordance with law.

(b) The Congress declares that nothing in this Act shall be construed to affect the legal status of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf.

DEFINITIONS

Sec. 3.2 As used in this Act, unless the context otherwise requires, the term

(1) "adjacent coastal State" means any coastal State which (A) would be directly connected by pipeline to a deepwater port, as proposed in an application; (B) would be located within 15 miles of any such proposed deepwater port; or (C) is designated by the Secretary in accordance with section 9(a)(2) of this Act;

(2) "affiliate" means any entity owned or controlled by, any person who owns or controls, or any entity which is under

133 U.S.C. 1501.

2 33 U.S.C. 1502.

ven of me Jared States" means any person who is a Taret Stures naten by law, birth or bateriaalin ar State, any wrency of a State or a group of States, or any cerpe ramdi parmers. I association organized under the laws of ay State WC has as as president or other executive ofer and #smamman of the board of directors or holder of a smlar Ice, a person who is a United States citizen by law. birth or nemoralvanen and which has no more of its directors who are not United States citizens by law, birth or naturalisa non than constante a minority of the number required for a quorum necessary to conduct the business of the board.

coastal environment" means the navigable waters un cluding the lands therein and thereunder and the adjacent shorelines including waters therein and thereunder. The term includes transitional and intertidal areas bays lagoons salt marshes, estuaries, and beaches; the fish, wildfish and other living resources thereof; and the recreational and scenic values of such lands, waters and resources:

(T)"coastal State" means any State of the United States in or bordering on the Atlantic, Pacific, or Arctic Oceans, or the Gulf of Mexico;

(8) "construction" means the supervising, inspection, actual building, and all other activities incidental to the building, re pairing, or expanding of a deepwater port or any of its compo nents, including, but not limited to, pile driving and bulkheading, and alterations, modifications, or additions to the deepwa ter port;

(9) "control" means the power, directly or indirectly, to determine the policy, business practices, or decisionmaking proc ess of another person, whether by stock or other ownership interest, by representation on a board of directors or similar body, by contract or other agreement with stockholders or others, or otherwise;

(10) "deepwater port" means any fixed or floating manmade structures other than a vessel, or any group of such 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 loading or unloading and further handling of oil for transportation to any State, except as otherwise provided in section 23. The term includes all associated components and equipment, including pipelines, pumping stations,

3 Sec. 2(a) of Public Law 98-419 (98 Stat. 1607) amended and restated par. (4).

service platforms, mooring buoys, and similar appurtenances to the extent they are located seaward of the high water mark. A deepwater port shall be considered a "new source" for purposes of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended;

(11) "Governor" means the Governor of a State or the person designated by State law to exercise the powers granted to the Governor pursuant to this Act;

(12) "licensee" means a citizen of the United States holding a valid license for the ownership, construction, and operation of a deepwater port that was issued, transferred, or renewed pursuant to this Act;

(13) "marine environment" includes the coastal environment, waters of the contiguous zone, and waters of the high seas; the fish, wildlife, and other living resources of such waters; and the recreational and scenic values of such waters and resources;

(14) "oil" means petroleum, crude oil, and any substance refined from petroleum or crude oil;

(15) "person" includes an individual, a public or private corporation, a partnership or other association, or a government entity;

(16) "safety zone" means the safety zone established around a deepwater port as determined by the Secretary in accordance with section 10(d) of this Act;

(17) "Secretary" means the Secretary of Transportation;

(18) "State" includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Territories and possessions of the United States; and (19) "vessel" means every description of watercraft or other artificial contrivance used as a means of transportation on or through the water.

MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL SAFETY

Sec. 10.4 (a) Subject to recognized principles of international law, the Secretary shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to, rules governing vessel movement, loading and unloading procedures, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required (A) to prevent pollution of the marine environment, (B) to clean up any pollutants which may be discharged, and (C) to otherwise prevent or minimize any adverse impact from the construction and operation of such deepwater port.

(b) The Secretary shall issue and enforce regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto.

4 33 U.S.C. 1509.