88 STAT. ]
PUBLIC LAW 93-627-JAN. 3, 1975
2131
necessary and that the remaining components do not constitute any threat to navigation or to the environment. A t the request of the waiver. 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 transportation of oil, natural gas, or other minerals, pursuant to a lease granted under the provisions of the Outer Continental Shelf Lands Act (67 Stat. 462), after which waiver the utilization of such com- ^^^^ "^*^ ^^^^ ponents shall be governed by the terms of the Outer Continental Shelf Lands Act. (f) Upon application, licenses issued under this Act may be trans- Transfer of uferred if the Secretary determines that such transfer is in the public interest and that the transferee meets the requirements of this Act and the prerequisites to issuance under subsection (c) of this section. (g) Any citizen of the United States who otherwise qualifies under Eligibility. the terms of this Act shall be eligible to be issued a license for the ownership, construction, and operation of a deep water port. (h) Licenses issued under this Act shall be for a term of not to "^^^ ^"<^ "exceed 20 years. Each licensee shall have a preferential right to renew "^'^ ' his license subject to the requirements of subsection (c) of this section, upon such conditions and for such term, not to exceed an additional 10 years upon each renewal, as the Secretary determines to be reasonable and appropriate. PROCEDURE
SEC. 5. (a) The Secretary shall, as soon as practicable after the date ^3^sc"iTo4 of enactment of this Act, and after consultation with other Federal agencies, issue regulations to carry out the purposes and provisions of this Act, in accordance with the provisions of section 553 of title 5, United States Code, without regard to subsection (a) thereof. Such regulations shall pertain to, but need not be limited to, application, 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, and for consideration of the views of any interested members of the general public. The Secretary is further authorized, consistent with the purposes and provisions of this Act, to amend or rescind any such regulation. (b) The Secretary, in consultation with the Secretary of the Interior and the Administrator of the National Oceanic and Atmospheric Administration, shall, as soon as practicable after the date of enactment of this Act, prescribe regulations relating to those activities involved in site evaluation and preconstruction testing at potential deepwater port 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 Act. (c)(1) Any person making an application under this Act shall sub- ,,i^3^'ll' «"bmit. •
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mit detailed plans to the Secretary. Withni 21 days after the receipt oi Transportation. 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 appli- pgHer^i^R"" '" cation and a summary of the plans in the Federal Register. I f the Sec- ^ ^^ egister. "^ retary determines that all of the required information does not appear
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