[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10490 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10490
To amend the Deepwater Port Act of 1974 to improve community outreach,
public participation, and the consideration of community and
environmental impacts with respect to the issuance of a license under
that Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 18, 2024
Mr. Huffman introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend the Deepwater Port Act of 1974 to improve community outreach,
public participation, and the consideration of community and
environmental impacts with respect to the issuance of a license under
that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nautical Oversight, Safety, and
Protection of Inflammable Liquids by Law in the Sea Act of 2024'' or
the ``NO SPILLS Act of 2024''.
SEC. 2. DEFINITIONS.
Section 3 of the Deepwater Port Act of 1974 (33 U.S.C. 1502) is
amended--
(1) in paragraph (5), in the first sentence, by striking
``including waters'' and inserting ``(including waters'';
(2) by redesignating paragraphs (10), (11), and (12)
through (19) as paragraphs (13), (16), and (18) through (25),
respectively;
(3) by inserting after paragraph (9) the following:
``(10) Environment.--The term `environment' includes--
``(A) water, air, and land; and
``(B) the interrelationship that exists among and
between water, air, and land and all present and future
generations of living beings.
``(11) Environmental justice community.--The term
`environmental justice community' means a community with
significant representation of communities of color, low-income
communities, or Tribal and Indigenous communities, that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
``(12) Environmental protection; protection of the
environment.--The terms `environmental protection' and
`protection of the environment' mean wide-ranging measures to
prevent or mitigate negative impacts to the environment,
including the preservation of ocean ecosystems and the
mitigation of air pollutants.'';
(4) by inserting after paragraph (13) (as so redesignated)
the following:
``(14) Impacted community.--The term `impacted community'
means--
``(A) residents of an adjacent coastal State who
may be impacted, including through ecological harm,
economic disruption, or social displacement, by--
``(i) the permitting of a deepwater port;
or
``(ii) a spill, leak, or other disaster at
a deepwater port; and
``(B) workers who may be impacted, and labor
organizations and worker advocacy organizations
representing workers who may be impacted, by--
``(i) the permitting of a deepwater port;
or
``(ii) a spill, leak, or other disaster at
a deepwater port.
``(15) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).'';
and
(5) by inserting after paragraph (16) (as so redesignated)
the following:
``(17) Low-income community.--The term `low-income
community' means a census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
``(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
``(B) 200 percent of the Federal poverty line.''.
SEC. 3. CONDITIONS FOR ISSUANCE OF A LICENSE FOR THE OWNERSHIP,
CONSTRUCTION, AND OPERATION OF A DEEPWATER PORT.
(a) In General.--Section 4(c) of the Deepwater Port Act of 1974 (33
U.S.C. 1503(c)) is amended--
(1) in paragraph (3), by striking ``and environmental
quality'' and inserting ``, protection of the environment, and
protection of environmental justice communities and impacted
communities''; and
(2) in paragraph (8), by striking ``State'' and all that
follows through ``approves'' and inserting ``State, and the
governing body of each Indian Tribe, within which there are
impacted communities, approves''.
(b) Limits on Liability.--Section 1004(a) of the Oil Pollution Act
of 1990 (33 U.S.C. 2704(a)) is amended--
(1) in paragraph (1)(C)--
(A) in clause (i)--
(i) in subclause (I), by striking
``$22,000,000'' and inserting ``$70,000,000'';
and
(ii) in subclause (II), by striking
``$16,000,000'' and inserting ``$60,000,000'';
and
(B) in clause (ii)--
(i) in subclause (I), by striking
``$6,000,000'' and inserting ``$32,000,000'';
and
(ii) in subclause (II), by striking
``$4,000,000'' and inserting ``$26,000,000'';
and
(2) in paragraph (2)--
(A) by striking ``$950'' and inserting ``$4,000'';
and
(B) by striking ``$800,000'' and inserting
``$2,000,000''.
(c) Financial Responsibility Requirements.--Section 1016(c)(1) of
the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is amended--
(1) in subparagraph (B)--
(A) in clause (i), by striking ``$35,000,000'' and
inserting ``$105,000,000''; and
(B) in clause (ii), by striking ``$10,000,000'' and
inserting ``$70,000,000''; and
(2) in subparagraph (C), by striking ``$150,000,000'' and
inserting ``$300,000,000''.
SEC. 4. OUTREACH TO IMPACTED COMMUNITIES, PUBLIC COMMENT, AND PUBLIC
HEARINGS.
Section 5(g) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(g))
is amended--
(1) by striking ``(g) A license'' and inserting the
following:
``(g) Outreach, Public Notice, Public Comment, and Public
Hearings.--
``(1) In general.--A license'';
(2) in paragraph (1) (as so designated)--
(A) in the first sentence, by striking ``public
notice and public hearings'' and inserting ``public
notice, comment, and hearings''; and
(B) in the second sentence, by striking ``At
least'' and inserting the following:
``(2) Outreach.--The Secretary shall conduct active and
ongoing outreach to impacted communities, especially those that
are also environmental justice communities, including through
representative civil, business, environmental, neighborhood,
health, education, labor, and other organizations.
``(3) Public notice, comment, and hearings.--
``(A) Notice.--Notice of a public comment period or
public hearing shall be provided through multiple
communication methods accessible to an impacted
community, which may include--
``(i) electronic media;
``(ii) newspapers;
``(iii) radio;
``(iv) direct mailings;
``(v) canvassing; and
``(vi) other outreach methods particularly
targeted at environmental justice communities.
``(B) Public comment periods.--All public comment
periods associated with a proposed deepwater port
project shall be 90 days or longer.
``(C) Public hearings.--
``(i) Notice.--Notice of a public hearing
shall be provided at least 30 days before the
date of the hearing.
``(ii) Requirement.--At least''; and
(3) in paragraph (3) (as so designated)--
(A) in subparagraph (C) (as so designated)--
(i) in clause (ii) (as so designated), in
the second sentence, by striking ``Any
interested'' and inserting the following:
``(iii) Participation.--Any interested'';
(ii) in clause (iii) (as so designated), in
the second sentence, by striking ``After
hearings in each adjacent coastal State'' and
inserting the following:
``(iv) Adjudicatory hearing.--
``(I) In general.--After all
hearings under clause (ii)'';
(iii) in clause (iv) (as so designated)--
(I) in subclause (I) (as so
designated), in the second sentence, by
striking ``The record'' and inserting
the following:
``(II) Use of record.--The
record''; and
(II) in subclause (II) (as so
designated), in the second sentence, by
striking ``Hearings held'' and
inserting the following:
``(v) Consolidation of hearings.--
``(I) Interagency consolidation.--
Hearings held''; and
(iv) in clause (v)(I) (as so designated),
in the second sentence, by striking ``All
public'' and inserting the following:
SEC. 5. NATIONAL INTEREST DETERMINATION.
Section 5(i)(3) of the Deepwater Port Act of 1974 (33 U.S.C.
1504(i)(3)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) Public opinion and the impact of the proposed
deepwater port on impacted communities and, especially,
environmental justice communities, as determined
through public comment and hearings under subsection
(g).''.
SEC. 6. ENVIRONMENTAL REVIEW CRITERIA.
Section 6 of the Deepwater Port Act of 1974 (33 U.S.C. 1505) is
amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting ``recreation,''
after ``fishing,'';
(B) in paragraph (6)--
(i) by inserting ``, safety,'' after
``health''; and
(ii) by striking ``and'' at the end;
(C) by redesignating paragraphs (1) through (5),
(6), and (7) as subparagraphs (A) through (E), (G), and
(N), respectively, and indenting appropriately;
(D) by inserting after subparagraph (E) (as so
redesignated) the following:
``(F) the effect on air quality from all activities
related to operation and construction of the deepwater
port;'';
(E) by inserting after subparagraph (G) (as so
redesignated) the following:
``(H) the health and climate impact on--
``(i) impacted communities; and
``(ii) environmental justice communities
nationwide;
``(I) the effect on--
``(i) national policy goals; and
``(ii) the commitment of the United States
to transition away from fossil fuels to clean
renewable energy;
``(J) the effect on threatened and endangered
species, their critical habitat, and their ability to
adapt to a changing environment;
``(K) compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401
et seq.), and the Marine Mammal Protection Act of 1972
(16 U.S.C. 1361 et seq.);
``(L) the effect of all upstream and downstream
activities on all outcomes described in subparagraphs
(A) through (K);
``(M) the cumulative effect, on all outcomes
described in subparagraphs (A) through (K), of all
activities relating to the deepwater port combined with
the cumulative effect of all activities relating to all
deepwater ports proposed, under construction, or
operating in the same geographic region; and'';
(F) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``Act. Such criteria'' and
inserting the following: ``Act of 1969 (42 U.S.C. 4321
et seq.);
``(2) Use of criteria.--The criteria established pursuant
to paragraph (1)''; and
(G) in the matter preceding paragraph (2) (as so
designated), by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(2) in subsection (b)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Requirement.--Not later than 1 year after the date of
enactment of the NO SPILLS Act of 2024, the Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, the Administrator of the National Oceanic
and Atmospheric Administration, and any other Federal
departments or agencies having jurisdiction over any aspect of
the construction or operation of a deepwater port, shall update
the criteria established pursuant to subsection (a).''.
SEC. 7. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.
The Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) is amended
by inserting after section 6 the following:
``SEC. 7. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT FOR PROJECTS IN
THE GULF OF MEXICO.
``(a) Definition of Programmatic Environmental Impact Statement.--
The term `programmatic environmental impact statement' means an
environmental impact statement (as defined in section 111 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336e)) that is a
programmatic environmental document (as defined in that section).
``(b) Programmatic EIS for the Gulf of Mexico.--Not later than 1
year after the date of enactment of the NO SPILLS Act of 2024, the
Secretary shall prepare, in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this Act, a
programmatic environmental impact statement to assess the impacts,
including with respect to climate change, of all deepwater port
projects in the Gulf of Mexico proposed, pending, or approved on or
after the date of enactment of the NO SPILLS Act of 2024.
``(c) Prohibition.--Notwithstanding any other provision of law,
beginning on the date of enactment of this Act, the Secretary may not
issue a license or permit for a new deepwater port under this or any
other Act until the date on which the programmatic environmental impact
statement required under subsection (b) is completed.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
SEC. 8. PROHIBITION OF LIQUEFIED NATURAL GAS RESEARCH IN MARITIME
ENVIRONMENTAL AND TECHNICAL ASSISTANCE PROGRAM.
Section 50307 of title 46, United States Code, is amended by adding
at the end the following:
``(f) Prohibition of Liquefied Natural Gas Research.--No funds made
available under this section may be used for liquefied natural gas
research.''.
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