U.S. Code » Title 33 » Chapter CHAPTER 29— DEEPWATER PORTS

33 U.S.C. § 1501

Congressional declaration of policy

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(a)Purposes.—The purposes of this chapter are—(1) to authorize and regulate the location, ownership, construction, and operation of deepwater ports in waters beyond the territorial limits of the United States;(2) to provide for the protection of the marine and coastal environment to prevent or minimize any adverse impact which might occur as a consequence of the development of deepwater ports;(3) to protect the interests of the United States and those of adjacent coastal States in the location, construction, and operation of deepwater ports;(4) to protect the rights and responsibilities of States and communities to regulate growth, determine land use, and otherwise protect the environment in accordance with law;(5) to promote the construction and operation of deepwater ports as a safe and effective means of importing oil or natural gas into the United States and transporting oil or natural gas from the outer Continental Shelf while minimizing tanker traffic and the risks associated with that traffic; and(6) to promote oil or natural gas production on the outer Continental Shelf by affording an economic and safe means of transportation of outer Continental Shelf oil or natural gas to the United States mainland.(b)Effect of chapter.—Nothing in this chapter affects the legal status of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf.(Pub. L. 93–627, § 2, Jan. 3, 1975, 88 Stat. 2126; Pub. L. 104–324, title V, § 502(b), Oct. 19, 1996, 110 Stat. 3925; Pub. L. 107–295, title I, § 106(a)(1), Nov. 25, 2002, 116 Stat. 2086; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(1), Dec. 22, 2023, 137 Stat. 812.)Editorial NotesAmendments

2023—Subsec. (a). Pub. L. 118–31, § 3514(k)(1)(A)(i), inserted heading and substituted “The purposes of this chapter are—” for “It is declared to be the purposes of the Congress in this chapter to—” in introductory provisions.

Subsec. (a)(1). Pub. L. 118–31, § 3514(k)(1)(A)(ii), inserted “to” after par. designation and realigned margins.

Subsec. (a)(2). Pub. L. 118–31, § 3514(k)(1)(A)(ii), (iii), inserted “to” after par. designation, substituted “deepwater ports” for “such ports”, and realigned margins.

Subsec. (a)(3), (4). Pub. L. 118–31, § 3514(k)(1)(A)(ii), inserted “to” after par. designation and realigned margins.

Subsec. (a)(5). Pub. L. 118–31, § 3514(k)(1)(A)(ii), (iv), inserted “to” after par. designation, substituted “Continental Shelf” for “continental shelf” and “associated with that traffic” for “attendant thereto”, and realigned margins.

Subsec. (a)(6). Pub. L. 118–31, § 3514(k)(1)(A)(ii), (v), inserted “to” after par. designation, substituted “Continental Shelf” for “continental shelf” in two places, and realigned margins.

Subsec. (b). Pub. L. 118–31, § 3514(k)(1)(B), inserted heading and substituted “Nothing in this chapter affects” for “The Congress declares that nothing in this chapter shall be construed to affect” in text.

2002—Subsec. (a)(5), (6). Pub. L. 107–295 inserted “or natural gas” after “oil” wherever appearing.

1996—Subsec. (a)(5), (6). Pub. L. 104–324 added pars. (5) and (6).

Statutory Notes and Related SubsidiariesShort Title of 1996 Amendment

Pub. L. 104–324, title V, § 501, Oct. 19, 1996, 110 Stat. 3925, provided that: “This title [amending this section and sections 1502 to 1504, 1507, and 1509 of this title, repealing section 1506 of this title, and enacting provisions set out as a note under this section] may be cited as the ‘Deepwater Port Modernization Act’.”

Short Title of 1984 Amendment

Pub. L. 98–419, § 1, Sept. 25, 1984, 98 Stat. 1607, provided: “That this Act [amending sections 1502, 1503, 1504, 1506, 1507, 1517, and 1518 of this title and enacting provisions set out as a note under section 1518 of this title] may be cited as the ‘Deepwater Port Act Amendments of 1984’.”

Short Title

Pub. L. 93–627, § 1, Jan. 3, 1975, 88 Stat. 2126, provided: “That this Act [enacting this chapter and amending section 1333 of Title 43, Public Lands] may be cited as the ‘Deepwater Port Act of 1974’.”

Congressional Purposes for 1996 Amendments

Pub. L. 104–324, title V, § 502(a), Oct. 19, 1996, 110 Stat. 3925, provided that: “The purposes of this title [see Short Title of 1996 Amendment note above] are to—“(1) update and improve the Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.];“(2) assure that the regulation of deepwater ports is not more burdensome or stringent than necessary in comparison to the regulation of other modes of importing or transporting oil;“(3) recognize that deepwater ports are generally subject to effective competition from alternative transportation modes and eliminate, for as long as a port remains subject to effective competition, unnecessary Federal regulatory oversight or involvement in the ports’ business and economic decisions; and“(4) promote innovation, flexibility, and efficiency in the management and operation of deepwater ports by removing or reducing any duplicative, unnecessary, or overly burdensome Federal regulations or license provisions.”

Deposit of Certain Penalties Into Oil Spill Liability Trust Fund

Penalties paid pursuant to this chapter and sections 1319(c) and 1321 of this title to be deposited in the Oil Spill Liability Trust Fund created under section 9509 of Title 26, Internal Revenue Code, see section 4304 of Pub. L. 101–380, set out as a note under section 9509 of Title 26.

Executive DocumentsEnvironmental Effects Abroad of Major Federal Actions

For provisions relating to environmental effects abroad of major Federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957, set out as a note under section 4321 of Title 42, The Public Health and Welfare.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1978–2025 · leading case: Ray v. Atl. Richfield Co., 435 U.S. 151 (1978).
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Ray v. Atl. Richfield Co., 435 U.S. 151 (1978). · cites it 2× “2126 , 33 U. S. C. § 1501 et seq. (1970 ed., Supp.”
Gulf Restoration Network v. United States Dep't of Transp., 452 F.3d 362 (5th Cir. 2006). · cites it 2× “EUGENE DAVIS, Circuit Judge: Petitioners seek review of a decision by the Secretary of the Department of Transportation granting a license for a liquified natural gas (“LNG”) facility in the Gulf of Mexico under the Deepwater Port Act, 33 U.S.C. § 1501 et seq. Petitioners submit…”
All. to Protect Nantucket Sound, Inc. v. United States Dep't of the Army, 398 F.3d 105 (1st Cir. 2005). “The Deepwater Ports Act of 1975, 33 U.S.C. § 1501 et seq., requires a license from the Secretary of Transportation in order to authorize construction of deepwater ports.”
Newton v. Parker Drilling Mgmt. Servs., Ltd., 881 F.3d 1078 (9th Cir. 2018). “5 Thus, as originally adopted in 1953, “applicable” state law for purposes of §■ 1333(a)(2)(A) referred to state non-tax law, in existence on the effective date of the Act, that bore on' the relevant subject matter.”
Cont'l Oil Co. v. Bonanza Corp., & Repub. Ins. Co., 706 F.2d 1365 (5th Cir. 1983). “Pollution of Sea by Oil Act; 33 U.S.C. § 1501 et seq. Deep Water Ports Act; 46 U.”
Citizens for Clean Air v. TRAN, 98 F.4th 178 (5th Cir. 2024). · cites it 2× “” See 33 U.S.C. § 1501 . Deepwater ports, in turn, are “fixed or floating manmade structure[s] .”
Energy Action Educ. Found. v. Cecil D. Andrus, Sec'y of the Interior, 654 F.2d 735 (D.C. Cir. 1980). “2126 , 33 U.S.C. §§ 1501 et seq.) — Provides for the regulation of the location, ownership, construction, and operation of deepwater ports beyond the territorial limits of the United States.”
Get Oil Out! Inc. v. Exxon Corp., 586 F.2d 726 (9th Cir. 1978). “KENNEDY, Circuit Judge: This appeal requires a determination of whether certain off-shore facilities used to develop oil reserves lying beneath the ocean floor are “deepwater ports” as defined by the Deepwater Port Act of 1974, 33 U.S.C. § 1501 et seq. (1976). Get Oil Out! Inc.”
Atl. Sea Island Grp. LLC v. Connaughton, 592 F. Supp. 2d 1 (D.D.C. 2008). “” 33 U.S.C. §§ 1501 (a), 1503. A license may not be issued under the DWPA unless the governor of an adjacent coastal state approves the issuance of the license.”
Texaco, Inc. (Bankr. S.D.N.Y. 2025). “Deepwater Port Act, 33 U.S.C. §§ 1501 et seq. 11. Uranium Mill Tailings Radiation Control Act, 42 U.”
United States v. ATP Oil & Gas Corp., 955 F. Supp. 2d 616 (E.D. La. 2013). “] or the Deepwater Port Act of 1974 [ 33 U.S.C.A. § 1501 et seq.], or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the MagnusonStevens Fishery Conservation and…”
United States v. Kerry Ellis (4th Cir. 1999). “] or the Deep Water Port Act of 1974 [ 33 U.S.C.A. § 1501 et seq.], or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including 7 33 U.”
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