Page:United States Statutes at Large Volume 88 Part 2.djvu/813

 88 STAT. ]

PUBLIC LAW 93-627-JAN. 3, 1975

2129

issued pursuant to this Act. No person may transport or otherwise transfer any oil between a deepwater port and the United States unless such port has been so licensed and the license is in force. A deepwater port, licensed pursuant to the provisions of this Act, may not be utilized— (1) for the loading and unloading of commodities or materials (other than oil) transported from the United States, other than materials to be used in the construction, maintenance, or operation of the high seas oil port, to be used as ship supplies, including bunkering for vessels utilizing the high seas oil port, (2) for the transshipment of commodities or materials, to the United States, other than oil, (3) except in cases where the Secretary otherwise by rule provides, for the transshipment of oil, destined for locations outside the United States, (b) The Secretary is authorized, upon application and in accordance with the provisions of this Act, to issue, transfer, amend, or renew a license for the ownership, construction, and operation of a deepwater port. License, issu(c) The Secretary may issue a license in accordance with the provisions of this Act if— (1) he determines that the applicant is financially responsible and will meet the requirements of section 18(1) of this Act; (2) he determines that the applicant can and will comply with applicable laws, regulations, and license conditions; (3) he determines that the construction and operation of the deepwater port will be in the national interest and consistent with national security and other national policy goals and objectives, including energy sufficiency and environmental quality; (4) he determines that the deepwater port will not unreasonably interfere with international navigation or other reasonable uses of the high seas, as defined by treaty, convention, or customary international law; (5) he determines, in accordance with the environmental review criteria established pursuant to section 6 of this Act, that the applicant has demonstrated that the deepwater port will be constructed and operated using best available technology, so as to prevent or minimize adverse impact 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 Administrator of the Environmental Protection Agency that the deepwater port will not conform with all applicable pro42 visions of the Clean Air Act, as amended, the Federal Water note. u s e 1857 Pollution Control Act, as amended, or the Marine Protection, "ss'usc i:!5i Research and Sanctuaries Act, as amended; "°^| use 1401 (7) he has received the opinions of the Federal Trade Com- note. mission and the Attorney General, pursuant to section 7 of this Act, as to whether issuance of the license would adversely affect competition, 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

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