Act do not possess the status of islands and have no territorial seas of their own.

(2) Except as otherwise provided by this Act, nothing in this Act shall in any way alter the responsibilities and authorities of a State or the United States within the territorial seas of the United States.

(b) The law of the nearest adjacent coastal State, now in effect or hereafter adopted, amended, or repealed, is declared to be the law of the United States, and shall apply to any deepwater port licensed pursuant to this Act, to the extent applicable and not inconsistent with any provision or regulation under this Act or other Federal laws and regulations now in effect or hereafter adopted, amended, or repealed. All such applicable laws shall be administered and enforced by the appropriate officers and courts of the United States. For purposes of this subsection, the nearest adjacent coastal State shall be that State whose seaward boundaries, if extended beyond 3 miles, would encompass the site of the deepwater port.

(c) Except in a situation involving force majeure, a licensee of a deepwater port shall not permit a vessel, registered in or flying the flag of a foreign state, to call at, or otherwise utilize a deepwater port licensed under this Act unless (1) the foreign state involved, by specific agreement with the United States, has agreed to recognize the jurisdiction of the United States over the vessel and its personnel, in accordance with the provisions of this Act, while the vessel is located within the safety zone, and (2) the vessel owner or operator has designated an agent in the United States for receipt of service of process in the event of any claim or legal proceeding resulting from activities of the vessel or its personnel while located within such a safety zone.

(d) The customs laws administered by the Secretary of the Treasury shall not apply to any deepwater port licensed under this Act, but all foreign articles to be used in the construction of any such deepwater port, including any component thereof, shall first be made subject to all applicable duties and taxes which would be imposed upon or by reason of their importation if they were imported for consumption in the United States. Duties and taxes shall be paid thereon in accordance with laws applicable to merchandise imported into the customs territory of the United States.

(e) The United States district courts shall have original jurisdiction of cases and controversies arising out of or in connection with the construction and operation of deepwater ports, and proceedings with respect to any such case or controversy may be instituted in the judicial district in which any defendant resides or may be found, or in the judicial district of the adjacent coastal State nearest the place where the cause of action arose.

Section 22 authorizes and requests the President to enter into negotiations with the Governments of Canada and Mexico to determine: "(1) the need for intergovernmental understandings, agreements, or treaties to protect the interests of the people of Canada, Mexico, and the United States and of any party or parties involved with the con

struction or operation of deepwater ports; and (2) the desirability of undertaking joint studies and investigations designed to insure protection of the environment and to eliminate any legal and regulatory uncertainty, to assure that the interests of the people of Canada, Mexico, and the United States are adequately met."

See also Senate Rept. No. 93–1360, 93d Cong., 2d Sess., Dec. 16, 1974. The Act contains detailed provisions on procedure, antitrust review, common carrier status for deepwater ports, rules for adjacent coastal states, suspension or termination of licenses, recordkeeping and inspection, public access to information, remedies, citizen civil action, judicial review, liability for oil spills, and miscellaneous items. President Ford, in a statement dated Jan. 4, 1975, said that he considered passage of the Act "an important step in our national effort to provide an adequate supply of energy at reasonable prices." See Weekly Com pilation of Presidential Documents, Vol. 11, No. 2, Jan. 13, 1975, p. 18.

On March 14, 1974, John Norton Moore, Chairman of the NSC Interagency Task Force on the Law of the Sea and Deputy Special Representative of the President for the Law of the Sea Conference, reviewed the United States position in the Law of the Sea negotiations before the House Committee on the Judiciary, Subcommittee on Immigration, Citizenship, and International Law. With respect to protection of the marine environment, Mr. Moore said, in part:

The environment was one of the largely overlooked subjects at the 1958 and 1960 conferences. In contrast, today we are acutely aware of the need for adequate protection of the marine environment. The Stockholm Conference on the Human Environment brought worldwide attention to the need for multilateral action on this subject. And it is widely understood that the Third United Nations Conference on the Law of the Sea must establish an adequate jurisdictional basis for protection of the marine environment against threats from all sources.

This very awareness of the need to protect the marine environment, however, may hold a subtle danger for the law of the sea unless we are careful to functionally distinguish the differing threats to the marine environment. Some coastal states have sought jurisdiction for protection of the marine environment from all sources in an area coextensive with their resource claims. With respect to pollution from exploration and exploitation of seabed resources coastal states should have this authority subject to an obligation to observe at least minimum international standards. But with respect to vessel-source pollution, to recognize coastal state jurisdiction to make and enforce pollution prevention standards, such as construction standards for vessels, could seriously endanger

freedom of navigation. There are 119 coastal nations and if each had jurisdiction to set construction standards for vessels it could create a hodgepodge of conflicting standards. Such jurisdiction would also permit decisions on standards to be made solely by coastal nations without the careful balancing of maritime and coastal interests which would result from an international solution. Moreover, if coastal nations were to have jurisdiction capable of affecting navigational freedom in an area as broad as 200 miles, a majority of all those coastal nations would be totally zone-locked with no access to any ocean on which they face without being subjected to the jurisdiction of their neighbors. For these and other reasons we have strongly urged that standards for vessel source pollution should only be set internationally through IMCO, by flag states for their own vessels, or by port states for vessels using their ports.

Hearings before the Subcommittee on Immigration, Citizenship, and International Law of the Committee on the Judiciary, House of Representatives, 93d Cong., 2d Sess., Mar. 14, 1974; Dept. of State Bulletin, Vol. LXX, No. 1816, Apr. 15, 1974, pp. 397–402. See also the 1973 Digest, Ch. 7, § 9, pp. 279-281.

Ocean Dumping

On March 22, 1974, President Nixon approved Public Law 93-254 (88 Stat. 50) to amend the Marine Protection, Research, and Sanctuaries Act of 1972 (86 Stat. 1052) in order to implement the provisions of the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. See the 1973 Digest, Ch. 7, § 9, pp. 279-281. The Convention was ratified by the United States on April 29, 1974.

The text of Public Law 93-254 is as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Marine Protection, Research, and Sanctuaries Act of 1972 (86 Stat. 1052) is amended as follows:

(1) Section 2 is amended by deleting the last sentence thereof and by adding a new subsection to read as follows:

"(c) It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.".

(2) Section 3 is amended

(A) in subsection (c), by deleting "oil within the meaning of section 11 of the Federal Water Pollution Control Act, as

amended (33 U.S.C. 1161), and does not mean sewage from vessels within the meaning of section 13 of such Act (33 U.S.C. 1163).", and inserting in lieu thereof "sewage from vessels within the meaning of section 312 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1322). Oil within the meaning of section 311 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321), shall be included only to the extent that such oil is taken on board a vessel or aircraft for the purpose of dumping.";

(B) in subsection (f), by deleting "(33 U.S.C. 1151–1175)", and inserting in lieu thereof "(33 U.S.Č. 1251-1376)"; and

(C) by adding a new subsection to read as follows:

"(1) Convention' means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter.". (3) Section 101 is amended to read as follows:

"(a) Except as may be authorized by a permit issued pursuant to section 102 or section 103 of this title, and subject to regulations issued pursuant to section 108 of this title,

(1) no person shall transport from the United States, and

"(2) in the case of a vessel or aircraft registered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumentality, no person shall transport from any location

any material for the purpose of dumping it into ocean waters.

(b) Except as may be authorized by a permit issued pursuant to section 102 of this title, and subject to regulations issued pursuant to section 108 of this title, no person shall dump any material transported from a location outside the United States (1) into the territorial sea of the United States, or (2) into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the base line from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States.".

(4) Section 102 is amended

(A) in subsection (a)—

(i) by deleting the words "as provided for in section 101 of this title," and inserting in lieu thereof the words "for which no permit may be issued,";

(ii) by adding, after the phrase "instrumentality of the United States,", the words "or in the case of a vessel or aircraft registered in the United States or flying the United States flag"; and

(iii) by adding at the end of the subsection the following sentence: "To the extent that he may do so without relaxing the requirements of this title, the Administrator, in establishing or revising such criteria, shall apply the standards and criteria binding upon the United States under the Convention, including its Annexes."

(B) by adding a new subsection to read as follows:

"(e) In the case of transportation of material, by a vessel or aircraft registered in the United States or flying the United States flag,

from a location in a foreign state party to the Convention, a permit issued pursuant to the authority of that foreign state party, in accordance with Convention requirements, and which otherwise could have been issued pursuant to subsection (a) hereof, shall be accepted, for the purposes of this title, as if it were issued by the Administrator under the authority of this section.".

Sec. 2. The amendments made by subparagraph 1(4) (A)(iii) and paragraph 1(4) (B) of this Act shall become effective on the date that the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters enters into force for the United States. In all other respects, this Act shall become effective on the date of enactment.

Marine Vessel Pollution

Intervention on the High Seas

On February 21, 1974, the United States ratified the 1969 International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties. The Convention will enter into force on the ninetieth day following the date on which the Governments of fifteen States have either signed the agreement without reservation or have deposited instruments of ratification. The United States Senate approved the Convention on September 20, 1971, but ratification was delayed pending the passage of implementing legislation, which occurred on February 5, 1974, with President Nixon's signing of the Intervention on the High Seas Act (P.L. 93-248; 88 Stat. 8).

The Convention was formulated as a result of the 1967 Torrey Canyon disaster, which made clear the need for international law rules authorizing intervention on the high seas in case of oil pollution casualties. The Convention, in Article I, paragraph 1, permits the Parties to "take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty, which may reasonably be expected to result in major harmful consequences." However, paragraph 2 of Article I prohibits measures against any warship or other state owned or operated ship being used at the time "only on government non-commercial service."

Article III requires coastal states to consult with other states affected by a maritime casualty, particularly with flag states, before taking any measures authorized by Article I. The coastal state must notify without delay the proposed measures to any persons, physical or corporate, known to the coastal state to have interests which may

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