42 USC 1305. Ante, p. 230. 26 USC 1 et seq. Reports to 26 USC 4986 note. Report to Congress. Home Energy Assistance Act of 1980. case of any amount allocated under paragraph (1) to the subaccount for low-income assistance for the fiscal year beginning October 1, 1981, or any subsequent fiscal year (A) 50 percent shall be allocated to a program to assist AFDC and SSI recipients under the Social Security Act, and (B) 50 percent shall be allocated to a program of emergency energy assistance. (c) NET REVENUES DEFINED.-For purposes of this section (1) In General.-The term "net revenues of the windfall profit tax" means, for any fiscal year, the amount which the Secretary estimates to be the excess of over (A) The gross revenues from the tax imposed by section 4986 for the fiscal year, (B) The sum of— (i) the refunds of and other adjustments to such tax for such fiscal year, plus (ii) the decrease in the income taxes imposed by chapter 1 resulting from the tax imposed by section 4986. For purposes of subparagraph (A), there shall not be taken into account any revenue attributable to an economic interest in crude oil held by the United States. (2) Basic Net Revenues.-The term "basic net revenues" means the estimated net revenues which would result for any period under the assumptions for such period which were made in enacting the Crude Oil Windfall Profit Tax Act of 1980. (3) Additional Net Revenues.-The term "additional net revenues" means for any period the net revenues in excess of the basic net revenues for such period. (d) PRESIDENT TO PROPOSE ALLOCATION OF NET REVENUÊS.— (1) In General.-The President shall propose for each fiscal year to which this section. applies an allocation of the net revenues among the uses set forth in subsection (b). (2) Time and Manner for Proposing.-Except for the fiscal year beginning October 1, 1980, the proposal for each fiscal year shall be contained in the annual budget for such fiscal year. The proposal for the fiscal year begining October 1, 1980, shall be submitted by the President within 90 days after the date of the enactment of this Act. (e) REPORTS.-The Secretary of the Treasury shall report to the Congress not later than January 1 of 1982 and of each calendar year thereafter before 1992 (1) The net revenues derived from the windfall profit tax for the fiscal year ending on September 30 of the preceding year, and (2) The actual disposition for such fiscal year of such revenues among the uses specified in subsection (b). Study of Effects of Decontrol of Oil Prices and of Windfall Profit Tax Sec. 103. (a) GENERAL RULE.-The President shall, not later than January 1, 1983, submit to the Congress a report on the effect of decontrol of oil prices and the windfall profit tax on(1) Domestic oil production, (2) Foreign oil imports, (3) Profits of the oil industry, (4) Inflation, (5) Employment, (6) Economic growth, (7) Federal revenues, and (8) National security. (b) REPORT TO INCLUDE RECOMMENDATIONS.-The report required under subsection (a) shall include such legislative recommendations as the President determines to be advisable. TITLE II-ENERGY CONSERVATION AND PRODUCTION INCENTIVES (This Title is omitted) TITLE III-LOW-INCOME ENERGY ASSISTANCE (This Title is omitted) TITLE IV-MISCELLANEOUS PROVISIONS (This Title is omitted) Approved April 2, 1980. D. Deepwater Port Act of 1974, Public Law 93-627, 88 Stat. 2126, January 3, 1975 (33 An Act To regulate commerce, promote efficiency in transportation, and protect the environment, by establishing procedures for the location, construction, and operation of deepwater ports off the coasts of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Deepwater Port Declaration of Policy Sec. 2. (a) It is declared to be the purposes of the Congress in this Act to (1) authorize and regulate the location, ownership, construction, and operation of deepwater ports in waters beyond the territorial limits of the United States; (2) 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 such ports; (3) protect the interests of the United States and those of adjacent coastal States in the location, construction, and operation of deepwater ports; and (4) protect the rights and responsibilities of States and communities to regulate growth, determine land use, and otherwise protect the environment in accordance with law. (b) The Congress declares that nothing in this Act shall be construed to affect the legal status of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf. 33 USC 1501. Definitions Sec. 3. As used in this Act, unless the context otherwise requires, the term(1) "adjacent coastal State" means any coastal State which (A) would be directly connected by pipeline to a deepwater port, as proposed in an application; (B) would be located within 15 miles of any such proposed deepwater port; or (C) is designated by the Secretary in accordance with section 9(a)(2) of this Act; (2) "affiliate" means any entity owned or controlled by, any person who owns or controls, or any entity which is under common ownership or control with an applicant, licensee, or any person required to be disclosed pursuant to section 5(c)(2)(A) or (B); (3) "antitrust laws" includes the Act of July 2, 1890, as amended, the Act of October 15, 1914, as amended, the Federal Trade Commission Act (15 U.S.C. 41 et seq., and sections 73 and 74 of the Act of August 27, 1894, as amended; (4) "application" means any application submitted under this Act port; (A) for a license for the ownership, construction, and operation of a deepwater (B) for transfer of any such license; or (C) for any substantial change in any of the conditions and provisions of any such license; (5) "citizen of the United States" means any person who is a United States citizen by law, birth, or naturalization, any State, any agency of a State or a group of States, or any corporation, partnership, or association organized under the laws of any State which has as its president or other executive officer and as its chairman of the board of directors, or holder of a similar office, a person who is a United States citizen by law, birth or naturalization and which has no more of its directors who are not United States citizens by law, birth or naturalization than constitute a minority of the number required for a quorum necessary to conduct the business of the board; (6) "coastal environment" means the navigable waters (including the lands therein and thereunder) and the adjacent shorelines (including waters therein and thereunder). The term includes transitional and intertidal areas, bays, lagoons, salt marshes, estuaries, and beaches; the fish, wildlife and other living resources thereof; and the recreational and scenic values of such lands, waters and resources; (7) "coastal State" means any State of the United States in or bordering on the Atlantic, Pacific, or Arctic Oceans, or the Gulf of Mexico; 33 USC 1502. 15 USC 1, 12. 15 USC 8, 9. Post, p. 2147. 42 USC 1857 note. 33 USC 1251 note. 33 USC 1503. License, issuance. (8) "construction" means the supervising, inspection, actual building, and all other activities incidental to the building, repairing, or expanding of a deepwater port or any of its components, including, but not limited to, pile driving and bulkheading, and alterations, modifications, or additions to the deepwater port; (9) "control" means the power, directly or indirectly, to determine the policy, business practices, or decisionmaking process of another person, whether by stock or other ownership interest, by representation on a board of directors or similar body, by contract or other agreement with stockholders or others, or otherwise; (10) "deepwater port" means any fixed or floating manmade structures other than a vessel, or any group of such structures, located beyond the territorial sea and off the coast of the United States and which are used or intended for use as a port or terminal for the loading or unloading and further handling of oil for transportation to any State, except as otherwise provided in section 23. The term includes all associated components and equipment, including pipelines, pumping stations, service platforms, mooring buoys, and similar appurtenances to the extent they are located seaward of the high water mark. A deepwater port shall be considered a "new source" for purposes of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended; (11) "Governor" means the Governor of a State or the person designated by State law to exercise the powers granted to the Governor pursuant to this Act; (12) "licensee" means a citizen of the United States holding a valid license for the ownership, construction, and operation of a deepwater port that was issued, transferred, or renewed pursuant to this Act; (13) "marine environment" includes the coastal environment, waters of the contiguous zone, and waters of the high seas; the fish, wildlife, and other living resources of such waters; and the recreational and scenic values of such waters and resources; (14) "oil" means petroleum, crude oil, and any substance refined from petroleum or crude oil; (15) "person" includes an individual, a public or private corporation, a partnership or other association, or a government entity; (16) "safety zone' means the safety zone established around a deepwater port as determined by the Secretary in accordance with section 10(d) of this Act; (17) "Secretary" means the Secretary of Transportation; (18) "State" includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; and (19) "vessel" means every description of watercraft or other artificial contrivance used as a means of transportation on or through the water. License for the Ownership, Construction, and Operation of a Deepwater Port Sec. 4. (a) No person may engage in the ownership, construction, or operation of a deepwater port except in accordance with a license 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, oil, (2) for the transshipment of commodities or materials, to the United States, other than (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. (c) The Secretary may issue a license in accordance with the provisions of this Act if— (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; |