§1508 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

When someone applies to build a deepwater port, the Secretary must call any coastal State "adjacent" if the State would be directly tied to the port by pipeline or lies within 15 miles of it. Within 10 days after naming those States, the Secretary must send each Governor a full copy of the application. The Secretary cannot grant a license unless every adjacent Governor approves. If a Governor does not send either approval or disapproval within 45 days after the last public hearing for that area, approval is treated as given. If a Governor says the project conflicts with State programs on environmental protection, land or water use, or coastal zone management, the Secretary must add conditions to the license so it fits those State programs. Other States with a stake in the port can give their views and must be fully considered. A license also cannot be issued unless the pipeline-connected adjacent State has made, or is making, reasonable progress on an approved coastal zone management plan (getting a planning grant under section 305 counts as reasonable progress). Two or more coastal States may join together by agreement to apply for or run a port, and such compacts are binding without more approval from Congress.

Title 33, §1508

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In issuing a notice relating to an application for a deepwater port under section 1504(c)(1)(B)(ii)(I) of this title, the Secretary shall designate as an adjacent coastal State, with respect to the deepwater port, any coastal State that would be—

(1)directly connected by pipeline to that deepwater port; or

(2)located within 15 miles of that deepwater port.

(b)(1)(A)Not later than 10 days after the date on which the Secretary designates adjacent coastal States under subsection (a) with respect to a deepwater port proposed in an application, the Secretary shall transmit a complete copy of the application to the Governor of each adjacent coastal State.

(B)The Secretary shall not issue a license without the approval of the Governor of each adjacent coastal State.

(C)If the Governor of an adjacent coastal State fails to transmit a required approval or disapproval to the Secretary not later than 45 days after the last public hearing on applications for a particular application area, such approval shall be conclusively presumed.

(D)If the Governor of an adjacent coastal State notifies the Secretary that an application, which would otherwise be approved pursuant to this paragraph, is inconsistent with State programs relating to environmental protection, land and water use, and coastal zone management, the Secretary shall condition the license granted so as to make it consistent with such State programs.

(2)Any other State with an interest relating to a deepwater port proposed in an application shall have the opportunity to make its views known to, and shall be given full consideration by, the Secretary regarding the location, construction, and operation of the deepwater port.

(c)The Secretary shall not issue a license unless the adjacent coastal State to which the deepwater port is to be directly connected by pipeline has developed, or is making, at the time the application is submitted, reasonable progress toward developing an approved coastal zone management program pursuant to the Coastal Zone Management Act of 1972 [16 U.S.C. 1451 et seq.] in the area to be directly and primarily impacted by land and water development in the coastal zone resulting from such deepwater port. For the purposes of this chapter, a State shall be considered to be making reasonable progress if it is receiving a planning grant pursuant to section 305 of the Coastal Zone Management Act [16 U.S.C. 1454].

(d)The consent of Congress is given to two or more coastal States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, (1) to apply for a license for the ownership, construction, and operation of a deepwater port or for the transfer of such license, and (2) to establish such agencies, joint or otherwise, as are deemed necessary or appropriate for implementing and carrying out the provisions of any such agreement or compact. Such agreement or compact shall be binding and obligatory upon any State or party thereto without further approval by Congress.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Coastal Zone Management Act of 1972, referred to in subsec. (c), is title III of Pub. L. 89–454 as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

Short Title

note set out under section 1451 of Title 16, and Tables.

Amendments

2023—Subsec. (a). Pub. L. 118–31, § 3514(k)(6)(A), amended subsec. (a) generally. Prior to amendment, text read as follows: “(1) The Secretary, in issuing notice of application pursuant to section 1504(c) of this title, shall designate as an “adjacent coastal State” any coastal State which (A) would be directly connected by pipeline to a deepwater port as proposed in an application, or (B) would be located within 15 miles of any such proposed deepwater port. “(2) The Secretary shall, upon request of a State, and after having received the recommendations of the Administrator of the National Oceanic and Atmospheric Administration, designate such State as an “adjacent coastal State” if he determines that there is a risk of damage to the coastal environment of such State equal to or greater than the risk posed to a State directly connected by pipeline to the proposed deepwater port. This paragraph shall apply only with respect to requests made by a State not later than the 14th day after the date of publication of notice of an application for a proposed deepwater port in the Federal Register in accordance with section 1504(c) of this title. The Secretary shall make the designation required by this paragraph not later than the 45th day after the date he receives such a request from a State.” Subsec. (b). Pub. L. 118–31, § 3514(k)(6)(B)(i), inserted subsec. heading. Subsec. (b)(1). Pub. L. 118–31, § 3514(k)(6)(B)(i), (ii), inserted par. (1) heading, designated first sentence par. (1) as subpar. (A), inserted subpar. heading, and substituted “Not later than 10 days after the date on which the Secretary designates adjacent coastal States under subsection (a) with respect to a deepwater port proposed in an application” for “Not later than 10 days after the designation of adjacent coastal States pursuant to this chapter”; designated second sentence as subpar. (B) and inserted subpar. heading; designated third sentence as subpar. (C), inserted subpar. heading, and substituted “If the Governor of an adjacent coastal State fails to transmit a required” for “If the Governor fails to transmit his”; and designated fourth sentence as subpar. (D), inserted subpar. heading, and substituted “If the Governor of an adjacent coastal State” for “If the Governor”. Subsec. (b)(2). Pub. L. 118–31, § 3514(k)(6)(B)(iii), inserted heading and, in text, substituted “Any other State with an interest relating to a deepwater port proposed in an application” for “Any other interested State” and “the deepwater port” for “a deepwater port”.

§1508 Adjacent Coastal States