PRIA, Government Policy, Made Personal

Summary

The Secretary must call a coastal State "adjacent" to a proposed deepwater port if that State would be connected to the port by pipeline or is within 15 miles of it. Within 10 days after naming those States, the Secretary must send each Governor a full copy of the port application. The Secretary cannot issue a license unless every adjacent State’s Governor approves. If a Governor does not send approval or disapproval within 45 days after the last public hearing for that application area, approval is treated as given. If a Governor says the project conflicts with the State’s programs for environmental protection, land or water use, or coastal zone management, the Secretary must add conditions so the license fits those programs. Other States with an interest may give their views and must be considered. A license also cannot be issued unless the State that will be directly pipeline-connected has developed, or is making reasonable progress toward, an approved coastal zone management program under the Coastal Zone Management Act of 1972. A State is making reasonable progress if it is receiving a planning grant under section 305 of that Act. Two or more coastal States may make agreements or compacts to apply for a license together or set up joint agencies for the port, as long as those agreements do not conflict with U.S. law or treaties; such compacts are binding without more Congressional approval.

Title 33, §1508

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Designation

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)Input from adjacent coastal States and other interested states

(1)Submission of applications to governors for approval

(A)In general

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)Prohibition

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

(C)Presumed approval

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)Inconsistency with certain state programs

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)Other interested states

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)Reasonable progress toward development of coastal zone management program; planning grants

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)State agreements or compacts

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