The National Environmental Policy Act of 1969, referred to in subsec. (f), is Pub. L. 91–190,
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”.
Pub. L. 107–295, title I, § 106(e), “(1) Not later than 30 days after the date of the enactment of this Act [“(2) 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.“(3) 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.”
Pub. L. 109–241, title III, § 304(c)(2),