628 



(5) he determines, in accordance with the en- 

 vironmental review criteria established pursuant 

 to section 1505 of this title, that the aprlicant has 

 demonstrated that the deenwater port will be con- 

 structed and operated using best available tech- 

 nology, so as to prevent or minimize adverse im- 

 pact on the marine environment: 



(6) he has not been informed, within 45 days 

 of the last public hearing on a proposed license 

 for a designated application area, by the Adminis- 

 trator of the Environmental Protection Agency 

 that the deepwater port will not conform with all 

 applicable provisions of the Clean Air Act, as 

 amended, the Federal Water Pollution Control Act. 

 as amended, or the Marine Protection, Research 

 and Sanctuaries Act, as amended; 



(7) he has received the opinions of the Federal 

 Trade Commission and the Attorney General, pur- 

 suant to section 1506 of this title, as to whether 

 issuance of the license would adversely affect com- 

 petition, restrain trade, promote monopolization, 

 or otherwise create a situation in contravention of 

 the antitrust laws; 



(8) he has consulted with the Secretary of the 

 Army, the Secretary of State, and the Secretary 

 of Defense, to determine their views on the ade- 

 quacy of the application, and its effect on programs 

 within their respective jurisdictions; 



(9) the Governor of the adiacent coastal State 

 of States, pusuant to section 1508 of this title, 

 approves, or is presumed to approve, issuance of 

 the license; and 



(10) the adjacent coastal State to which the 

 deepwater port is to be directly connected by pipe- 

 line has developed, or is making, at the time the 

 application is submitted, reasonable progress, as 

 determined in accordance with section l'^08(c) of 

 this title, toward developing, an approved coastal 

 zone management program pursuant to the 

 Coastal Zone Management Act of 1972. 



(d) Application for license subject 'o examination and 

 comparison of economic, scial. and environmontal 

 eflFects of deepwater port facility and deen draft 

 channel and harbor; finality of determination. 

 If an application is made under this eha^^ter for a 

 license to construct a deepwater port facility off the 

 coast of a State, and a port of the State which will 

 be directly connected by pipeline with such deep- 

 water port, on the date of such application — 



(1) has existing plans for construction of a 

 deep draft channel and harbor ; and 



(2) has either (A) an active study by the Secre- 

 tary of the Army relating to the construction of a 

 deep draft channel and harbor, or (B) a pending 

 application for a permit under section 403 of this 

 title for such construction; and 



(3) applies to the Secretary for a determina- 

 tion under this section within 30 days of the date 

 of the license application; 



the Secretary shall not issue a license under this 

 chapter until he has examined and compared the 

 economic, social, and environmental effects of the 

 construction and operation of the deepwater port 



with the economic, social and environmental effects 

 of the construction, expansion, deepening, and oper- 

 ation of such State port, and has determined which 

 project best serves the national interest or that both 

 developments are warranted. The Secretary's deter- 

 mination shall be dir?retionary and nonreviewable. 



(e) Af'dit'onal conditions, removal requirements, 

 waiver; Ontpr Continental Shelf Lands .\ct appli- 

 cable 'o utili7ation of components upon waiver of 

 removal requi'-ements. 



H) In issuing a lic=n«e fo- the ownership, con- 

 struction, and operation of a deepwater port, the 

 Secretary shall prescribe any conditions which he 

 deems necc'-ary to carry out the provisions of this 

 chapter, or which are otherwise required by any 

 Federal department or agency pursuant to the terms 

 of this chapter. 



(2) No license shall be issued, transferred, or 

 renewed under this chapter unless the licensee or 

 transferee first agrees in writing that (A) there will 

 be no substantial change from the plans, operational 

 systems, and methods, procedures, and safeguards set 

 forth in his application, as approved, without prior 

 approval in writing from the Secretary; and (B) he 

 will comply with any condition the Secretary may 

 prescribe in accordance with the provisions of this 

 chapter. 



(3) The Secretary shall establish such bonding 

 requirements or other assurances as he deems neces- 

 sary to assure that, upon the revocation or termina- 

 tion of a license, the licensee will remove all com- 

 ponents of the deepwater port. In the case of com- 

 ponents lying in the subsoil below the seabed, the 

 Secretary is authorized to waive the removal require- 

 ments if he finds that such removal is not otherwlsn 

 necessary and that the remaining components do not 

 constitute any threat to navigation or to the environ- 

 ment. At the request of the licensee, the Secretary, 

 after consultation with the Secretary of the Interior, 

 is authorized to waive the removal requirement as to 

 any components which he determines may be utilized 

 in connection with the tran.sportation of oil, natural 

 gas, or other minerals, pursuant to a lease granted 

 under the provisions of the Outer Continental Shelf 

 Lands Act. after which waiver the utilization of such 

 components shall be governed by the terms of the 

 Outer Continental Shelf Lands Act. 



(f) Transfer. 



Upon application, licenses issued under this chap- 

 ter may be transferred if the Secretary determines 

 that such tranr.fer is in the public interest and that 

 the transferee meets the requirements of this chapter 

 and the prerequisites to issuance under subsection 

 (c) of this section. 



(g) Eligible citizens. 



Any citizen of the United States who otherwise 

 qualifies under the terms of this chapter shall be 

 eligible to be issued a license for the ownership, con- 

 struction, and operation of a deepwater port. 



(h) Term and renewal. 



Licenses issued under this chapter shall be for a 

 term of not to exceed 20 years. Each licensee shall 



