---
kind: "section"
citation: "33 U.S.C. § 1504"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1504"
heading: "Procedure"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1504"
units:
  - "Chapter 29 — Deepwater Ports"
---

# §1504. Procedure

- (a) **Regulations; issuance, amendment, or rescission; scope—** Notwithstanding [section 468(b) of title 6](/usc/6/468.md?p=b), the [Secretary](/usc/33/1502.md?p=17) shall have the authority to issue regulations to carry out the purposes and provisions of this chapter, in accordance with the provisions of [section 553 of title 5](/usc/5/553.md), without regard to [subsection (a)](#a) thereof. Such regulations shall pertain to, but need not be limited to, [application](/usc/33/1502.md?p=3), issuance, transfer, renewal, suspension, and termination of licenses. Such regulations shall provide for full consultation and cooperation with all other interested Federal agencies and departments and with any potentially affected [coastal State](/usc/33/1502.md?p=6), and for consideration of the views of any interested members of the general public. The [Secretary](/usc/33/1502.md?p=17) is further authorized, consistent with the purposes and provisions of this chapter, to amend or rescind any such regulation.
- (b) **Additional regulations; criteria for site evaluation and preconstruction testing—** The [Secretary](/usc/33/1502.md?p=17), in consultation with the [Secretary](/usc/33/1502.md?p=17) of the Interior and the Administrator of the National Oceanic and Atmospheric Administration, shall, as soon as practicable after January 3, 1975, prescribe regulations relating to those activities involved in site evaluation and preconstruction testing at potential [deepwater port](/usc/33/1502.md?p=9) locations that may (1) adversely affect the environment; (2) interfere with authorized uses of the Outer Continental Shelf; or (3) pose a threat to human health and welfare. Such activity may thenceforth not be undertaken except in accordance with regulations prescribed pursuant to this subsection. Such regulations shall be consistent with the purposes of this chapter.
- (c) **Applications—**
  - (1) **Requirements.—**
    - (A) **In general.—** Each [person](/usc/33/1502.md?p=15) that submits to the [Secretary](/usc/33/1502.md?p=17) an [application](/usc/33/1502.md?p=3) shall include in the [application](/usc/33/1502.md?p=3) a detailed plan that contains all information required under [paragraph (2)](#c-2).
    - (B) **Action by secretary.—** Not later than 21 days after the date of receipt of an [application](/usc/33/1502.md?p=3), the [Secretary](/usc/33/1502.md?p=17) shall—
      - (i) determine whether the [application](/usc/33/1502.md?p=3) contains all information required under [paragraph (2)](#c-2); and
      - (ii)
        - (I) if the [Secretary](/usc/33/1502.md?p=17) determines that such information is contained in the [application](/usc/33/1502.md?p=3), not later than 5 days after making the determination, publish in the Federal Register—
          - (aa) a notice of the [application](/usc/33/1502.md?p=3); and
          - (bb) a summary of the plans; or
        - (II) if the [Secretary](/usc/33/1502.md?p=17) determines that all required information is not contained in the [application](/usc/33/1502.md?p=3)—
          - (aa) notify the applicant of the applicable deficiencies; and
          - (bb) take no further action with respect to the [application](/usc/33/1502.md?p=3) until those deficiencies have been remedied.
    - (C) **Applicability.—** On publication of a notice relating to an [application](/usc/33/1502.md?p=3) under [subparagraph (B)(ii)(I)](#c-1-B-ii-I), the [Secretary](/usc/33/1502.md?p=17) shall be subject to [subsection (f)](#f).
  - (2) **Inclusions.—** Each [application](/usc/33/1502.md?p=3) shall include such financial, technical, and other information as the [Secretary](/usc/33/1502.md?p=17) determines to be necessary or appropriate, including—
    - (A) the name, address, citizenship, telephone number, and the ownership interest in the applicant, of each [person](/usc/33/1502.md?p=15) having any ownership interest in the applicant of greater than 3 per centum;
    - (B) to the extent feasible, the name, address, citizenship, and telephone number of any [person](/usc/33/1502.md?p=15) with whom the applicant has made, or proposes to make, a significant contract for the [construction](/usc/33/1502.md?p=7) or operation of the [deepwater port](/usc/33/1502.md?p=9) and a copy of any such contract;
    - (C) the name, address, citizenship, and telephone number of each [affiliate](/usc/33/1502.md?p=2) of the applicant and of any [person](/usc/33/1502.md?p=15) required to be disclosed pursuant to subparagraphs [(A)](#c-2-A) or [(B)](#c-2-B), together with a description of the manner in which such [affiliate](/usc/33/1502.md?p=2) is associated with the applicant or any [person](/usc/33/1502.md?p=15) required to be disclosed under subparagraph [(A)](#c-2-A) or [(B)](#c-2-B);
    - (D) the proposed location and capacity of the [deepwater port](/usc/33/1502.md?p=9), including all components thereof;
    - (E) the type and design of all components of the [deepwater port](/usc/33/1502.md?p=9) and any storage facilities associated with the [deepwater port](/usc/33/1502.md?p=9);
    - (F) with respect to [construction](/usc/33/1502.md?p=7) in phases, a detailed description of each phase, including anticipated dates of completion for each of the specific components thereof;
    - (G) the location and capacity of existing and proposed storage facilities and pipelines which will store or transport [oil](/usc/33/1502.md?p=14) transported through the [deepwater port](/usc/33/1502.md?p=9), to the extent known by the applicant or any [person](/usc/33/1502.md?p=15) required to be disclosed pursuant to subparagraphs [(A)](#c-2-A), [(B)](#c-2-B), or [(C)](#c-2-C);
    - (H) with respect to any existing and proposed refineries which will receive [oil](/usc/33/1502.md?p=14) transported through the [deepwater port](/usc/33/1502.md?p=9), the location and capacity of each such refinery and the anticipated volume of such [oil](/usc/33/1502.md?p=14) to be refined by each such refinery, to the extent known by the applicant or any [person](/usc/33/1502.md?p=15) required to be disclosed pursuant to subparagraphs [(A)](#c-2-A), [(B)](#c-2-B), or [(C)](#c-2-C);
    - (I) the financial and technical capabilities of the applicant to construct or operate the [deepwater port](/usc/33/1502.md?p=9);
    - (J) other qualifications of the applicant to hold a license under this chapter;
    - (K) the nation of registry for, and the nationality or citizenship of officers and crew serving on board, [vessels](/usc/33/1502.md?p=19) transporting [natural gas](/usc/33/1502.md?p=13) that are reasonably anticipated to be servicing the [deepwater port](/usc/33/1502.md?p=9);
    - (L) a description of procedures to be used in constructing, operating, and maintaining the [deepwater port](/usc/33/1502.md?p=9), including systems of [oil](/usc/33/1502.md?p=14) spill prevention, containment, and cleanup; and
    - (M) such other information as may be required by the [Secretary](/usc/33/1502.md?p=17) to determine the environmental impact of the proposed [deepwater port](/usc/33/1502.md?p=9).
  - (3) Upon written request of any [person](/usc/33/1502.md?p=15) subject to this subsection, the [Secretary](/usc/33/1502.md?p=17) may make a determination in writing to exempt such [person](/usc/33/1502.md?p=15) from any of the informational filing provisions enumerated in this subsection or the regulations implementing this section if the [Secretary](/usc/33/1502.md?p=17) determines that such information is not necessary to facilitate the [Secretary](/usc/33/1502.md?p=17)’s determinations under [section 1503 of this title](/usc/33/1503.md) and that such exemption will not limit public review and evaluation of the [deepwater port](/usc/33/1502.md?p=9) project.
- (d) **Application area; publication in Federal Register; “application area” defined; submission of other applications; notice of intent and submission of completed applications; denial of pending application prior to consideration of other untimely applications—**
  - (1) At the time notice of an [application](/usc/33/1502.md?p=3) is published pursuant to [subsection (c)](#c) of this section, the [Secretary](/usc/33/1502.md?p=17) shall publish a description in the Federal Register of an [application](/usc/33/1502.md?p=3) area encompassing the [deepwater port](/usc/33/1502.md?p=9) site proposed by such [application](/usc/33/1502.md?p=3) and within which [construction](/usc/33/1502.md?p=7) of the proposed [deepwater port](/usc/33/1502.md?p=9) would eliminate, at the time such [application](/usc/33/1502.md?p=3) was submitted, the need for any other [deepwater port](/usc/33/1502.md?p=9) within that [application](/usc/33/1502.md?p=3) area.
  - (2) As used in this section, “[application](/usc/33/1502.md?p=3) area” means any reasonable geographical area within which a [deepwater port](/usc/33/1502.md?p=9) may be constructed and operated. Such [application](/usc/33/1502.md?p=3) area shall not exceed a circular zone, the center of which is the principal point of loading and unloading at the port, and the radius of which is the distance from such point to the high water mark of the nearest [adjacent coastal State](/usc/33/1502.md?p=1).
  - (3) The [Secretary](/usc/33/1502.md?p=17) shall accompany such publication with a call for submission of any other [applications](/usc/33/1502.md?p=3) for licenses for the ownership, [construction](/usc/33/1502.md?p=7), and operation of a [deepwater port](/usc/33/1502.md?p=9) within the designated [application](/usc/33/1502.md?p=3) area. [Persons](/usc/33/1502.md?p=15) intending to file [applications](/usc/33/1502.md?p=3) for such license shall submit a notice of intent to file an [application](/usc/33/1502.md?p=3) with the [Secretary](/usc/33/1502.md?p=17) not later than 60 days after the publication of notice pursuant to [subsection (c)](#c) of this section and shall submit the completed [application](/usc/33/1502.md?p=3) no later than 90 days after publication of such notice. The [Secretary](/usc/33/1502.md?p=17) shall publish notice of any such [application](/usc/33/1502.md?p=3) received in accordance with [subsection (c)](#c) of this section. No [application](/usc/33/1502.md?p=3) for a license for the ownership, [construction](/usc/33/1502.md?p=7), and operation of a [deepwater port](/usc/33/1502.md?p=9) within the designated [application](/usc/33/1502.md?p=3) area for which a notice of intent to file was received after such 60-day period, or which is received after such 90-day period has elapsed, shall be considered until the [application](/usc/33/1502.md?p=3) pending with respect to such [application](/usc/33/1502.md?p=3) area have been denied pursuant to this chapter.
  - (4) This subsection shall not apply to [deepwater ports](/usc/33/1502.md?p=9) for [natural gas](/usc/33/1502.md?p=13).
- (e) **Recommendations to Secretary of Transportation; application for all Federal authorizations; copies of application to Federal agencies and departments with jurisdiction; recommendation of approval or disapproval and of manner of amendment to comply with laws or regulations—**
  - (1) Not later than 30 days after January 3, 1975, the [Secretary](/usc/33/1502.md?p=17) of the Interior, the Administrator of the Environmental Protection Agency, the Chief of Engineers of the United States Army Corps of Engineers, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of any other Federal departments or agencies having expertise concerning, or jurisdiction over, any aspect of the [construction](/usc/33/1502.md?p=7) or operation of [deepwater ports](/usc/33/1502.md?p=9) shall transmit to the [Secretary](/usc/33/1502.md?p=17) written comments as to their expertise or statutory responsibilities pursuant to this chapter or any other Federal law.
  - (2) An [application](/usc/33/1502.md?p=3) filed with the [Secretary](/usc/33/1502.md?p=17) shall constitute an [application](/usc/33/1502.md?p=3) for all Federal authorizations required for ownership, [construction](/usc/33/1502.md?p=7), and operation of a [deepwater port](/usc/33/1502.md?p=9). At the time notice of any [application](/usc/33/1502.md?p=3) is published pursuant to [subsection (c)](#c) of this section, the [Secretary](/usc/33/1502.md?p=17) shall forward a copy of such [application](/usc/33/1502.md?p=3) to those Federal agencies and departments with jurisdiction over any aspect of such ownership, [construction](/usc/33/1502.md?p=7), or operation for comment, review, or recommendation as to conditions and for such other action as may be required by law. Each agency or department involved shall review the [application](/usc/33/1502.md?p=3) and, based upon legal considerations within its area of responsibility, recommend to the [Secretary](/usc/33/1502.md?p=17), the approval or disapproval of the [application](/usc/33/1502.md?p=3) not later than 45 days after the last public hearing on a proposed license for a designated [application](/usc/33/1502.md?p=3) area. In any case in which the agency or department recommends disapproval, it shall set forth in detail the manner in which the [application](/usc/33/1502.md?p=3) does not comply with any law or regulation within its area of responsibility and shall notify the [Secretary](/usc/33/1502.md?p=17) how the [application](/usc/33/1502.md?p=3) may be amended so as to bring it into compliance with the law or regulation involved.
- (f) **NEPA compliance—**
  - (1) **Definition of lead agency—** In this subsection, the term “lead agency” has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 ([42 U.S.C. 4336e](/usc/42/4336e.md)).
  - (2) **Lead agency—**
    - (A) **In general—** For all [applications](/usc/33/1502.md?p=3), the Maritime Administration shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.).
    - (B) **Effect of compliance—** Compliance with the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) in accordance with [subparagraph (A)](#f-2-A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) pursuant to this chapter.
- (g) **Public notice and hearings; evidentiary hearing in District of Columbia; decision of Secretary based on evidentiary record; consolidation of hearings—** A license may be issued only after public notice and public hearings in accordance with this subsection. At least one such public hearing shall be held in each [adjacent coastal State](/usc/33/1502.md?p=1). Any interested [person](/usc/33/1502.md?p=15) may present relevant material at any hearing. After hearings in each [adjacent coastal State](/usc/33/1502.md?p=1) are concluded if the [Secretary](/usc/33/1502.md?p=17) determines that there exists one or more specific and material factual issues which may be resolved by a formal evidentiary hearing, at least one adjudicatory hearing shall be held in accordance with the provisions of [section 554 of title 5](/usc/5/554.md) in the District of Columbia. The record developed in any such adjudicatory hearing shall be basis for the [Secretary](/usc/33/1502.md?p=17)’s decision to approve or deny a license. Hearings held pursuant to this subsection shall be consolidated insofar as practicable with hearings held by other agencies. All public hearings on all [applications](/usc/33/1502.md?p=3) for any designated [application](/usc/33/1502.md?p=3) area shall be consolidated and shall be concluded not later than 240 days after notice of the initial [application](/usc/33/1502.md?p=3) has been published pursuant to [subsection (c)](#c).
- (h) **Fees—**
  - (1) **Requirement—**
    - (A) **In general—** Each [person](/usc/33/1502.md?p=15) applying for a license pursuant to this chapter shall remit to the [Secretary](/usc/33/1502.md?p=17) at the time the [application](/usc/33/1502.md?p=3) is filed a nonrefund­able [application](/usc/33/1502.md?p=3) fee established by regulation by the [Secretary](/usc/33/1502.md?p=17).
    - (B) **Reimbursement—** In addition to a fee under [subparagraph (A)](#h-1-A), an applicant shall also reimburse the United States and the appropriate [adjacent coastal State](/usc/33/1502.md?p=1) for any additional costs incurred in processing an [application](/usc/33/1502.md?p=3).
  - (2) **Usage fees—**
    - (A) **Definition of directly related land-based facility—** In this paragraph, the term “directly related land-based facility”, with respect to a [deepwater port](/usc/33/1502.md?p=9) facility, means an onshore tank farm and any pipelines connecting the tank farm to the [deepwater port](/usc/33/1502.md?p=9) facility.
    - (B) **Authorization—** Notwithstanding any other provision of this chapter, and unless prohibited by law, an [adjacent coastal State](/usc/33/1502.md?p=1) may fix reasonable fees for the use of a [deepwater port](/usc/33/1502.md?p=9) facility, and such [State](/usc/33/1502.md?p=18) and any other [State](/usc/33/1502.md?p=18) in which land-based facilities directly related to a [deepwater port](/usc/33/1502.md?p=9) facility are located may set reasonable fees for the use of such land-based facilities.
    - (C) **Treatment—** A fee may be established pursuant to this paragraph as compensation for any economic cost attributable to the [construction](/usc/33/1502.md?p=7) and operation of the applicable [deepwater port](/usc/33/1502.md?p=9) and the applicable land-based facilities, which cannot be recovered under other authority of the applicable [State](/usc/33/1502.md?p=18) or political subdivision thereof, including, but not limited to, ad valorem taxes, and for environmental and administrative costs attributable to the [construction](/usc/33/1502.md?p=7) and operation of the applicable [deepwater port](/usc/33/1502.md?p=9) and the applicable land-based facilities.
    - (D) **Amount—** The amount of a fee established under this paragraph shall not exceed the applicable economic, environmental, and administrative costs of the applicable [State](/usc/33/1502.md?p=18).
    - (E) **Approval—** A fee established under this paragraph shall be subject to the approval of the [Secretary](/usc/33/1502.md?p=17).
  - (3) **Rental payment—** A [licensee](/usc/33/1502.md?p=11) shall pay annually in advance the fair market rental value (as determined by the [Secretary](/usc/33/1502.md?p=17) of the Interior) of the subsoil and seabed of the outer Continental Shelf of the United States to be utilized by the [deepwater port](/usc/33/1502.md?p=9), including the fair market rental value of the right-of-way necessary for the pipeline segment of the port located on such subsoil and seabed.
- (i) **Application approval; period for determination; priorities; criteria for determination of application best serving national interest—**
  - (1) The [Secretary](/usc/33/1502.md?p=17) shall approve or deny any [application](/usc/33/1502.md?p=3) for a designated [application](/usc/33/1502.md?p=3) area submitted pursuant to this chapter not later than 90 days after the last public hearing on a proposed license for that area.
  - (2) In the event more than one [application](/usc/33/1502.md?p=3) is submitted for an [application](/usc/33/1502.md?p=3) area, the [Secretary](/usc/33/1502.md?p=17), unless one of the proposed [deepwater ports](/usc/33/1502.md?p=9) clearly best serves the national interest, shall issue a license according to the following order of priorities:
    - (A) First, to an [adjacent coastal State](/usc/33/1502.md?p=1) (or combination of [States](/usc/33/1502.md?p=18)), any political subdivision thereof, or agency or instrumentality, including a wholly owned corporation of any such government.
    - (B) Second, to a [person](/usc/33/1502.md?p=15) who is neither (i) engaged in producing, refining, or marketing [oil](/usc/33/1502.md?p=14), nor (ii) an [affiliate](/usc/33/1502.md?p=2) of any [person](/usc/33/1502.md?p=15) who is engaged in producing, refining, or marketing [oil](/usc/33/1502.md?p=14) or an [affiliate](/usc/33/1502.md?p=2) of any such [affiliate](/usc/33/1502.md?p=2).
    - (C) Third, to any other [person](/usc/33/1502.md?p=15).
  - (3) In determining whether any one proposed [deepwater port](/usc/33/1502.md?p=9) clearly best serves the national interest, the [Secretary](/usc/33/1502.md?p=17) shall consider the following factors:
    - (A) The degree to which the proposed [deepwater ports](/usc/33/1502.md?p=9) affect the environment, as determined under criteria established pursuant to [section 1505 of this title](/usc/33/1505.md).
    - (B) National security, including an assessment of the implications for the national security of the United States or an allied country (as that term is defined in [section 2350f(d)(1) of title 10](/usc/10/2350f.md?p=d-1)) of the United States.
    - (C) Any significant differences between anticipated completion dates for the proposed [deepwater ports](/usc/33/1502.md?p=9).
    - (D) Any differences in costs of [construction](/usc/33/1502.md?p=7) and operation of the proposed [deepwater ports](/usc/33/1502.md?p=9), to the extent that such differential may significantly affect the ultimate cost of [oil](/usc/33/1502.md?p=14) to the consumer.
  - (4) **Applications for deepwater ports for natural gas.—**
    - (A) **Deadline for determination.—** The [Secretary](/usc/33/1502.md?p=17) shall approve or deny any [application](/usc/33/1502.md?p=3) for a [deepwater port](/usc/33/1502.md?p=9) for [natural gas](/usc/33/1502.md?p=13) submitted pursuant to this chapter not later than 90 days after the last public hearing on a proposed license.
    - (B) **Effect of failure to determine.—** If the [Secretary](/usc/33/1502.md?p=17) fails to approve or deny an [application](/usc/33/1502.md?p=3) for a [deepwater port](/usc/33/1502.md?p=9) for [natural gas](/usc/33/1502.md?p=13) by the applicable deadline under [subparagraph (A)](#i-4-A), the reporting requirements under paragraphs [(1)](#i-1), [(2)](#i-2), and [(3)](#i-3) shall not apply to the [application](/usc/33/1502.md?p=3).
  - (5) **Decision on amended license applications.—**
    - (A) **Definition of amended license application.—** In this paragraph, the term “amended license [application](/usc/33/1502.md?p=3)” means a license [application](/usc/33/1502.md?p=3) for a [deepwater port](/usc/33/1502.md?p=9) for [natural gas](/usc/33/1502.md?p=13)—
      - (i) that was originally submitted to the [Secretary](/usc/33/1502.md?p=17) prior to the issuance of the proclamation issued by the President on March 13, 2020, with respect to the Coronavirus Disease 2019 (COVID–19) pandemic; and
      - (ii) with respect to which the applicant, based on guidance offered by the [Secretary](/usc/33/1502.md?p=17), has made subsequent revisions since the submission of the initial license [application](/usc/33/1502.md?p=3) and submitted such revised [application](/usc/33/1502.md?p=3).
    - (B) **Expedited review and approval.—** The [Secretary](/usc/33/1502.md?p=17) shall expedite the review and subsequent approval or denial of amended license [applications](/usc/33/1502.md?p=3) submitted pursuant to this section that meet the eligibility criteria described in [subparagraph (C)](#i-5-C).
    - (C) **Eligibility criteria.—** To be eligible for review under this paragraph, an amended license [application](/usc/33/1502.md?p=3) shall meet the following criteria:
      - (i) The amended license [application](/usc/33/1502.md?p=3) is for a [natural gas](/usc/33/1502.md?p=13) [deepwater port](/usc/33/1502.md?p=9) facility.
      - (ii) The [Secretary](/usc/33/1502.md?p=17) had determined that the project as specified in the initial license [application](/usc/33/1502.md?p=3) was not likely to have any significant adverse environmental impact on species and habitat, consistent with law including National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.).
      - (iii) The [Secretary](/usc/33/1502.md?p=17) has determined that the results of the environmental review conducted for the initial license [application](/usc/33/1502.md?p=3) is still applicable to the amended license [application](/usc/33/1502.md?p=3) and an additional environmental review is not required.
      - (iv) The [Secretary](/usc/33/1502.md?p=17) had published an affirmative Record of Decision for the initial license [application](/usc/33/1502.md?p=3).
    - (D) **Deadline for decision.—** The [Secretary](/usc/33/1502.md?p=17) shall approve or deny an amended license [application](/usc/33/1502.md?p=3) submitted pursuant to this paragraph by no later than 270 consecutive days after the date on which the [Secretary](/usc/33/1502.md?p=17) determines that the amended license [application](/usc/33/1502.md?p=3) is complete and meets the requirements under this section.
- (j) **LNG tankers—**
  - (1) **Program—** The [Secretary](/usc/33/1502.md?p=17) shall develop and implement a program to promote the transportation of liquefied [natural gas](/usc/33/1502.md?p=13) to and from the United States on United States flag [vessels](/usc/33/1502.md?p=19).
  - (2) **Information to be provided—** When the Coast Guard is operating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for a liquefied [natural gas](/usc/33/1502.md?p=13) or liquefied petroleum gas terminal located on [shore](/usc/33/426h–1.md?p=4) or within [State](/usc/33/1502.md?p=18) seaward boundaries, the Coast Guard shall provide to the Commission the information described in [subsection (c)(2)(K)](#c-2-K) with respect to [vessels](/usc/33/1502.md?p=19) reasonably anticipated to be servicing that port.
- (k) **Transparency in issuance of licenses and permits—**
  - (1) **Definition of applicable deadline—** In this subsection, the term “applicable deadline”, with respect to an applicant, means the deadline or date applicable to the applicant under any of the following:
    - (A) [Section 1503(c)(6) of this title](/usc/33/1503.md?p=c-6).
    - (B) [Section 1503(d)(3) of this title](/usc/33/1503.md?p=d-3).
    - (C) [Subsection (c)(1)(B)](#c-1-B) (including [clause (ii)(I)](#c-1-B-ii-I) of that subsection).
    - (D) [Subsection (d)(3)](#d-3).
    - (E) Paragraph [(1)](#e-1) or [(2)](#e-2) of subsection (e).
    - (F) [Subsection (g)](#g).
    - (G) Paragraph [(1)](#i-1) or [(4)(A)](#i-4-A) of subsection (i).
  - (2) **Suspensions and delays—** If the [Secretary](/usc/33/1502.md?p=17) suspends or delays an applicable deadline, the [Secretary](/usc/33/1502.md?p=17) shall submit to the applicant, and publish in the Federal Register, a written statement—
    - (A) describing the reasons for the suspension or delay;
    - (B) describing and requesting any information necessary to issue the applicable license or permit and the status of applicable license or permit [application](/usc/33/1502.md?p=3) at the lead agency and any cooperating agencies; and
    - (C) identifying the applicable deadline with respect to the statement.
  - (3) **Applicant rights to technical assistance—**
    - (A) **In general—** An applicant that receives a statement under [paragraph (2)](#k-2) may submit to the [Secretary](/usc/33/1502.md?p=17) a request for a meeting with appropriate personnel of the Department of Transportation and representatives of each cooperating Federal agency, as appropriate, determined by the [Secretary](/usc/33/1502.md?p=17) to be relevant with respect to the [application](/usc/33/1502.md?p=3), including such officials as are appropriate, who shall provide technical assistance, status, process, and timeline updates and additional information as necessary.
    - (B) **Timing—** A meeting requested under clause (i) shall be held not later than 30 days after the date on which the [Secretary](/usc/33/1502.md?p=17) receives the request under that clause.
  - (4) **Requirements—** On receipt of a request under [paragraph (3)(A)](#k-3-A), and not less frequently than once every 30 days thereafter until the date on which the [application](/usc/33/1502.md?p=3) process is no longer suspended or delayed, the [Secretary](/usc/33/1502.md?p=17) shall submit a notice of the delay, including a description of the time elapsed since the applicable deadline and the nature and circumstances of the applicable suspension or delay, to—
    - (A) the Committee on Commerce, Science, and Transportation of the Senate; and
    - (B) the Committee on Transportation and Infrastructure of the House of Representatives.
  - (5) **Briefing—** If the [Secretary](/usc/33/1502.md?p=17) suspends or delays an applicable deadline, not later than 120 days after that applicable deadline, and not less frequently than once every 120 days thereafter until the date on which the [application](/usc/33/1502.md?p=3) process is no longer suspended or delayed, the [Secretary](/usc/33/1502.md?p=17) (or a designee of the [Secretary](/usc/33/1502.md?p=17)) shall provide a briefing regarding the time elapsed since the applicable deadline and the nature and circumstances of the applicable suspension or delay to—
    - (A) the Committee on Commerce, Science, and Transportation of the Senate; and
    - (B) the Committee on Transportation and Infrastructure of the House of Representatives.

## Source credit

(Pub. L. 93–627, § 5, Jan. 3, 1975, 88 Stat. 2131; Pub. L. 98–419, § 2(f), Sept. 25, 1984, 98 Stat. 1607; Pub. L. 104–324, title V, § 505, Oct. 19, 1996, 110 Stat. 3927; Pub. L. 107–295, title I, § 106(c), (f), (g), Nov. 25, 2002, 116 Stat. 2086–2088; Pub. L. 109–241, title III, § 304(c)(1), July 11, 2006, 120 Stat. 527; Pub. L. 111–281, title IX, § 903(d), Oct. 15, 2010, 124 Stat. 3011; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8502(b)(2), Jan. 1, 2021, 134 Stat. 4747; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(4), Dec. 22, 2023, 137 Stat. 814; Pub. L. 118–159, div. C, title XXXV, § 3538, Dec. 23, 2024, 138 Stat. 2316; Pub. L. 119–60, div. G, title LXXIII, § 7342(a), (b), Dec. 18, 2025, 139 Stat. 1777.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsecs. (f)(2) and (i)(5)(C)(ii), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The proclamation issued by the President on March 13, 2020, with respect to the Coronavirus Disease 2019, referred to in subsec. (i)(5)(A)(i), means Proc. No. 9994, Mar. 13, 2020, 85 F.R. 15337, which is set out as a note under section 1621 of Title 50, War and National Defense.

### Amendments

2025—Subsec. (a). Pub. L. 119–60, § 7342(a), substituted “Notwithstanding section 468(b) of title 6, the Secretary shall have the authority to issue regulations to carry out the purposes and provisions of this chapter, in accordance with the provisions of section 553 of title 5, without regard to subsection (a) thereof.” for “The Secretary shall, as soon as practicable after January 3, 1975, and after consultation with other Federal agencies, issue regulations to carry out the purposes and provisions of this chapter in accordance with the provisions of section 553 of title 5, without regard to subsection (a) thereof.”

Subsec. (f). Pub. L. 119–60, § 7342(b), added subsec. (f) and struck out former subsec. (f). Text read as follows: “For all applications, the Secretary, in cooperation with other involved Federal agencies and departments, shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4332) [42 U.S.C. 4321 et seq.]. Such compliance shall fulfill the requirement of all Federal agencies in carrying out their responsibilities under the National Environmental Policy Act of 1969 pursuant to this chapter.”

2024—Subsec. (i)(5). Pub. L. 118–159 added par. (5).

2023—Subsec. (c). Pub. L. 118–31, § 3514(k)(4)(A)(i), inserted heading.

Subsec. (c)(1). Pub. L. 118–31, § 3514(k)(4)(A)(i), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Any person making an application under this chapter shall submit detailed plans to the Secretary. Within 21 days after the receipt of an application, the Secretary shall determine whether the application appears to contain all of the information required by paragraph (2) hereof. If the Secretary determines that such information appears to be contained in the application, the Secretary shall, no later than 5 days after making such a determination, publish notice of the application and a summary of the plans in the Federal Register. If the Secretary determines that all of the required information does not appear to be contained in the application, the Secretary shall notify the applicant and take no further action with respect to the application until such deficiencies have been remedied.”

Subsec. (c)(2). Pub. L. 118–31, § 3514(k)(4)(A)(ii), inserted heading, substituted “Each application shall include such financial, technical, and other information as the Secretary determines to be necessary or appropriate, including—” for “Each application shall include such financial, technical, and other information as the Secretary deems necessary or appropriate. Such information shall include, but need not be limited to—” in introductory provisions, struck out “of this paragraph” after “subparagraph (A) or (B)” in two places in subpar. (C), and after “subparagraphs (A), (B), or (C)” in subpars. (G) and (H), and realigned margins of subpars. (A) to (M).

Subsec. (g). Pub. L. 118–31, § 3514(k)(4)(B), substituted “subsection (c)” for “subsection (c) of this section”.

Subsec. (h). Pub. L. 118–31, § 3514(k)(4)(C)(i), inserted heading.

Subsec. (h)(1). Pub. L. 118–31, § 3514(k)(4)(C)(i), (ii), inserted par. (1) heading, designated first sentence of par. (1) as subpar. (A) and inserted subpar. heading, designated second sentence as subpar. (B), inserted subpar. heading, and substituted “In addition to a fee under subparagraph (A)” for “In addition”.

Subsec. (h)(2). Pub. L. 118–31, § 3514(k)(4)(C)(iii)(I), (II), inserted par. heading and struck out “As used in this paragraph, the term ‘land-based facilities directly related to a deepwater port facility’ means the onshore tank farm and pipelines connecting such tank farm to the deepwater port facility.” at end.

Subsec. (h)(2)(A). Pub. L. 118–31, § 3514(k)(4)(C)(iii)(II), added subpar. (A).

Subsec. (h)(2)(B) to (E). Pub. L. 11831, § 3514(k)(4)(C)(iii)(II), (III), designated first sentence of par. (2) as subpar. (B) and inserted subpar. heading; designated second sentence as subpar. (C), inserted subpar. heading, and substituted “the applicable” for “such” wherever appearing and “A fee may be established pursuant to this paragraph” for “Fees may be fixed under authority of this paragraph”; designated third sentence as subpar. (D), inserted subpar. heading, and substituted “the applicable” for “such” in two places and “The amount of a fee established under this paragraph” for “Fees under this paragraph”; and designated fourth sentence as subpar. (E), inserted subpar. heading, and substituted “A fee established under this paragraph” for “Such fees”.

Subsec. (h)(3). Pub. L. 118–31, § 3514(k)(4)(C)(iv), inserted heading and substituted “outer” for “Outer” before “Continental”.

Subsec. (i)(2)(A). Pub. L. 118–31, § 3514(k)(4)(D)(i)(I), inserted “First,” after subpar. designation and substituted period for semicolon at end.

Subsec. (i)(2)(B). Pub. L. 118–31, § 3514(k)(4)(D)(i)(II), inserted “Second,” after subpar. designation and substituted period for semicolon at end.

Subsec. (i)(2)(C). Pub. L. 118–31, § 3514(k)(4)(D)(i)(III), inserted “Third,” after subpar. designation.

Subsec. (i)(3)(A). Pub. L. 118–31, § 3514(k)(4)(D)(ii)(III), substituted “(A) The degree” for “(A) the degree” and period for semicolon at end.

Subsec. (i)(3)(B) to (D). Pub. L. 118–31, § 3514(k)(4)(D)(ii)(I), (II), (IV), added subpar. (B), redesignated former subpar. (B) as (C) and substituted “Any” for “any” and a period for “; and”, and redesignated former subpar. (C) as (D) and substituted “Any” for “any”.

Subsec. (i)(4). Pub. L. 118–31, § 3514(k)(4)(D)(iii), inserted par. heading, designated existing provisions as subpar. (A) and inserted subpar. heading, struck out “Paragraphs (1), (2), and (3) of this subsection shall not apply to an application for a deepwater port for natural gas.” at end, and added subpar. (B).

Subsec. (j)(1). Pub. L. 118–31, § 3514(k)(4)(E), struck out “of Transportation” after “Secretary”.

Subsec. (k). Pub. L. 118–31, § 3514(k)(4)(F), added subsec. (k).

2021—Subsec. (j). Pub. L. 116–283 added subsec. (j).

2010—Subsec. (c)(2)(K). Pub. L. 111–281 realigned margin.

2006—Subsec. (c)(2)(K) to (M). Pub. L. 109–241 added subpar. (K) and redesignated former subpars. (K) and (L) as (L) and (M), respectively.

2002—Subsec. (d)(4). Pub. L. 107–295, § 106(c)(1), added par. (4).

Subsec. (f). Pub. L. 107–295, § 106(f), substituted “NEPA compliance” for “Environmental impact statement for single application area; criteria” in heading and amended text generally. Prior to amendment, text read as follows: “For all timely applications covering a single application area, the Secretary, in cooperation with other involved Federal agencies and departments, shall, pursuant to section 4332(2)(C) of title 42, prepare a single, detailed environmental impact statement, which shall fulfill the requirement of all Federal agencies in carrying out their responsibilities pursuant to this chapter to prepare an environmental impact statement. In preparing such statement the Secretary shall consider the criteria established under section 1505 of this title.”

Subsec. (h)(2). Pub. L. 107–295, § 106(g), inserted “and unless prohibited by law,” after “Notwithstanding any other provision of this chapter,”.

Subsec. (i)(4). Pub. L. 107–295, § 106(c)(2), added par. (4).

1996—Subsec. (c)(3). Pub. L. 104–324 added par. (3).

1984—Subsec. (g). Pub. L. 98–419 substituted “issued” for “issued, transferred, or renewed”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2025 Amendment

Pub. L. 119–60, div. G, title LXXIII, § 7342(e), Dec. 18, 2025, 139 Stat. 1778, provided that: “Nothing in this section [amending this section and enacting provisions set out as notes under this section], or the amendments made by this section, shall apply to any application submitted before the date of enactment of this Act [Dec. 18, 2025].”

### Regulations

Pub. L. 119–60, div. G, title LXXIII, § 7342(c), Dec. 18, 2025, 139 Stat. 1777, provided that: In general.—Not later than 18 months after the date of enactment of this Act [Dec. 18, 2025], the Commandant shall transfer the authorities provided to the Coast Guard in part 148 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act [Dec. 18, 2025]), except as provided in paragraph (2), to the Secretary of Transportation. Retention of authority.—The Commandant shall retain responsibility for authorities pertaining to design, construction, equipment, and operation of deepwater ports and navigational safety. Updates to authority.—As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to reflect the updates to authorities prescribed by this subsection.”

Pub. L. 107–295, title I, § 106(e), Nov. 25, 2002, 116 Stat. 2087, provided that: Agency and department expertise and responsibilities.—Not later than 30 days after the date of the enactment of this Act [Nov. 25, 2002], the heads of Federal departments or agencies having expertise concerning, or jurisdiction over, any aspect of the construction or operation of deepwater ports for natural gas shall transmit to the Secretary of Transportation written comments as to such expertise or statutory responsibilities pursuant to the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) or any other Federal law. Interim final rule.—The Secretary may issue an interim final rule as a temporary regulation implementing this section [amending this section and sections 1501 to 1503, 1507, and 1520 of this title] (including the amendments made by this section) as soon as practicable after the date of enactment of this section, without regard to the provisions of chapter 5 of title 5, United States Code. Final rules.—As soon as practicable after the date of the enactment of this Act, the Secretary of Transportation shall issue additional final rules that, in the discretion of the Secretary, are determined to be necessary under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) for the application and issuance of licenses for a deepwater port for natural gas.”

### Rule of Construction

Pub. L. 119–60, div. G, title LXXIII, § 7342(d), Dec. 18, 2025, 139 Stat. 1778, provided that: “Nothing in this section [amending this section and enacting provisions set out as notes under this section], or the amendments made by this section, may be construed to limit the authorities of other governmental agencies previously delegated authorities of the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) or any other law.”

### Information To Be Provided

Pub. L. 109–241, title III, § 304(c)(2), July 11, 2006, 120 Stat. 527, which required the Coast Guard, when operating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for certain liquefied natural gas or liquefied petroleum gas terminals, to provide the information described in subsec. (c)(2)(K) of this section, was repealed by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8502(b)(1), Jan. 1, 2021, 134 Stat. 4747. See subsec. (j)(2) of this section.