631 



(h) Nonrefundable application fee; processing costs; 

 State fees; "land-based facilities directly relafed 

 to a deepwater port facility" defined; fair market 

 rental value, advance payment. 



(1) Each person applying for a license pursuant 

 to this chapter shall remit to the Secretar?,' at the 

 time the application is filed a nonrefundable ap- 

 plication fee established by regulation by the Secre- 

 tary. In addition, an applicant shall also reimburse 

 the United States and the appropriate adjacent 

 coastal State for any additional costs incurred in 

 processing an application. 



(2) Notwithstanding any other provision of this 

 chapter an adjacent coastal' State may fix reason- 

 able fees for the use of a deepwater port facility, and 

 such State and any other State in which land-based 

 facilities directly related to a deepwater port facility 

 are located may set reasonable fees for the use of 

 such land-based facilities. Pees may be fixed under 

 authority of this paragraph as compensation for 

 any economic cost attributable to the construction 

 and operation of such deepwater port and such land- 

 based facilities, which cannot be recovered under 

 other authority of such State or political subdivision 

 thereof, including, but not limited to, ad valorem 

 taxes, and for environmental and administrative 

 costs attributable to the construction and operation 

 of such deepwater port and such land-based facil- 

 ities. Fees under this paragraph shall not exceed 

 such economic, environmental, and administrative 

 costs of such State. Such fees shall be subject to the 

 approval of the Secretary. 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. 



(3) A licensee shall pay annually in advance the 

 fair market rental value (as determined by the Sec- 

 retary of the Interior) of the subsoil and seabed of 

 the Outer Continental Shelf of the United States to 

 be utilized by the deepwater port, includi g 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 applica- 

 tion best serving national interest. 



(1) The Secretary shall approve or deny any ap- 

 plication for a designated application area sub- 

 mitted pursuant to this cha "ter not later than 90 

 days after the last public hearing on a proposed 

 license for that area. 



(2 ) In the event more than one applicatio : is sub- 

 mitted for an aprlication area, the Secretary, unless 

 one of the proposed deepwater ports clearly best 

 serves the national interest, shall issue a license ac- 

 cording to the following order of priorities : 



(A) to an adjacent coastal State (or combina- 

 tion of States), any political .subdivision thereof, 

 or agency or insti'ume' tality, including a wholly 

 owned corporation of any such government; 



(B) to a person who is neither (i) engaged in 

 producing, refining, or marketing oil, nor (ii) an 

 affiliate of any person who is engaged in produc- 

 ing, refi ing, or marketing oil or an afBliate of 

 any such afBliate ; 



( C ) to any other person. 

 (3) In determining whether any one proposed 

 deepwater port clearly best serves the national in- 

 terest, the Secretai-y shall consider the following 

 factors : 



(A) the degree to which the proposed deepwater 

 ports affect the environment, as determined under 

 criteria established pursuant to section 1505 of this 

 title; 



(B) any significant differences between an- 

 tici'-ated completion dates for the proposed deep- 

 water ports ; and 



(C) any differences in costs of construction and 

 operation of the proposed deepwater ports, to the 

 extent that such differe tial may significantly 

 affect the ultimate cost of oil to the consumer. 



iPub. L. 93-627, § 5, Jan. 3, 1975, 88 Stat. 2131.) 



§ 1505. Environmental review criteria. 



(a) Establishment; evaluation of proposed deepwater 

 ports. 



The Secretary, in accordance with the recom- 

 mendations of the Administrator of the Environ- 

 mental Protection Agency and the Administrator of 

 the National Oceanic and Atmospheric Admi istra- 

 tion and after consultation with any other Federal 

 departments and agencies having jurisdiction over 

 any aspect of the construction or operation of a 

 deepwater port, shall establish, as soon as prac- 

 ticable after Ja uary 3, 1975. environmental review 

 criteria consistent with the National Environmental 

 Policy Act. Such criteria shall be used to evaluate a 

 deepwater port as proposed in an application, in- 

 cluding — 



( 1 ) the effect on the marine environment ; 



(2) the effect on oceanographic curreits and 

 v.-ave patterns; 



(3) the effect on alternate uses of the oceans 

 and navigable waters, such as scientific study, 

 fishing, and exploitation of other living and non- 

 living resources; 



(4) the potential dangers to a deepwater port 

 from waves, winds, weather, and geological con- 

 ditions, and the steps which can be taken to pro- 

 tect against or minimize such dangers; 



(5) effects of land-based developments related 

 to deepwater port development: 



(6) the effect on human health and welfare; 

 and 



(7) such ether considerations as the Secretary 

 deems necessary or appropriate. 



(b) Review and revision. 



The Secretary shall periodically review and. when- 

 ever necessary, revise in the same manner as or- 

 iginally developed, criteria established pursuant to 

 subsection (a) of this section. 



(c) Concurrent development of criteria and regula- 

 tions. 



Criteria established purruant to this section shall 

 be develoned concurrently with the reTulations i-^ 

 subsection (a) of section 1504 of this title and in 

 Accordance with the provisions of that subsection. 

 (Pub. L. 93-627, § 6^ Jan. 3, 1975, 88 Stat. 2135.) 



