§1505 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary must set environmental review rules for deepwater ports as soon as practicable after January 3, 1975. The Secretary must do this after getting recommendations from the EPA and NOAA administrators and after talking with any other federal agencies that have a role in building or running the port. The rules must match the National Environmental Policy Act. They must be used to judge port applications and cover things like effects on the marine environment; changes to currents and waves; impacts on other ocean uses (for example, science, fishing, and other resource uses); risks from waves, wind, weather, and geology and ways to reduce those risks; effects of related onshore development; human health and welfare; and any other needed considerations. The Secretary must review the rules from time to time and update them when necessary, using the same process used to make them. The criteria must be developed at the same time and under the procedures required by the related regulations in the law.

Title 33, §1505

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary, in accordance with the recommendations of the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration and after consultation with any other Federal departments and agencies having jurisdiction over any aspect of the construction or operation of a deepwater port, shall establish, as soon as practicable after January 3, 1975, environmental review criteria consistent with the National Environmental Policy Act [42 U.S.C. 4321 et seq.]. Such criteria shall be used to evaluate a deepwater port as proposed in an application, including—

(1)the effect on the marine environment;

(2)the effect on oceanographic currents and wave patterns;

(3)the effect on alternate uses of the oceans and navigable waters, such as scientific study, fishing, and exploitation of other living and nonliving resources;

(4)the potential dangers to a deepwater port from waves, winds, weather, and geological conditions, and the steps which can be taken to protect against or minimize such dangers;

(5)effects of land-based developments related to deepwater port development;

(6)the effect on human health and welfare; and

(7)such other considerations as the Secretary deems necessary or appropriate.

(b)The Secretary shall periodically review and, whenever necessary, revise in the same manner as originally developed, criteria established pursuant to subsection (a) of this section.

(c)The criteria established pursuant to this section shall be developed concurrently with the regulations promulgated pursuant to section 1504(a) of this title and in accordance with that section and in accordance with the provisions of that subsection.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act, referred to in subsec. (a), probably means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables.

Amendments

2023—Subsec. (a). Pub. L. 118–31, § 3514(k)(5)(A), inserted heading. Subsec. (b). Pub. L. 118–31, § 3514(k)(5)(B), inserted heading. Subsec. (c). Pub. L. 118–31, § 3514(k)(5)(C), inserted heading and, in text, substituted “The criteria” for “Criteria” and “concurrently with the

Regulations

promulgated pursuant to section 1504(a) of this title and in accordance with that section” for “concurrently with the

Regulations

in subsection (a) of section 1504 of this title and in accordance with the provisions of that subsection”.

§1505 Environmental Review Criteria

Summary

Title 33, §1505

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Regulations

Regulations

Citations & Metadata